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, APRIL 3, 1995 No. 61 House of Representatives

The House met at 12:30 p.m. and was lent job. Again, one more time, our the Lavalas apparently with hired as- called to order by the Speaker pro tem- uniform forces have earned the respect sassins, vigilante squads, and possibly pore [Mr. HASTINGS of Washington]. and gratitude of the American people, even commandos operating under a f each and every one of us. I hope, frank- shadow government of Rene Preval. ly, that those folks who are down in Mr. Speaker, this is a very serious DESIGNATION OF SPEAKER PRO Haiti on that long mission are now business. People are getting killed and TEMPORE scheduled for some R&R; they cer- it is very anti-democratic business and The SPEAKER pro tempore laid be- tainly earned it. we have just sacrificed a lot of tax- fore the House the following commu- Mr. Speaker, I cannot help contrast- payers’ money putting our armed serv- nication from the Speaker: ing this with the harsh images of ices in harm’s way to try to nourish de- WASHINGTON, DC, Madam Bertin, mother of four, orga- mocracy in that country. April 3, 1995. nizer of a democratic opposition move- In today’s Washington Post, Robert I hereby designate the Honorable RICHARD ment, savagely slaughtered in her car Novak outlined some particularly dis- ‘‘DOC’’ HASTINGS to act as Speaker pro tem- just before President Clinton’s visit in turbing items. We were told there is a pore on this day. what was clearly a political assassina- hit list now of 30 people, 2 of whom NEWT GINGRICH, tion, and a very brutal one, a murder have already been assassinated. We Speaker of the House of Representatives. our Pentagon has said is unquestion- also know there is a second list, which f ably linked to high level Aristide offi- seems to overlap the first, of people cials. Just one event, it stands out as a who are not permitted to leave Haiti. MORNING BUSINESS representation of things that are still In other words, there are people in The SPEAKER pro tempore. Pursu- in the making in Haiti regrettably: The Haiti bent on vengeance who are going ant to the order of the House of Janu- vengeance that abides in some mem- to run a canned backyard hunt. They ary 4, 1995, the Chair will now recog- bers of Haitian society and the still are not going to let him get away, they nize Members from lists submitted by dangerous mission we have asked the are going to run him down and kill the majority and minority leaders for thousands of American troops we still him. morning hour debates. The Chair will have there as part of the U.N. mission. In fact, the roughest seas may lay alternate recognition between the par- I understand we have scheduled to have ahead as the wave of election cycles, ties, with each party limited to not to 2,500 American troops staying there the June to December period, arrive. exceed 30 minutes, and each Member until February of next year, possibly On the eve of the President’s visit, except the majority and minority lead- even some talk of them staying beyond Human Rights Watch issued a report er limited to not to exceed 5 minutes. that. In the meantime we still have that points to the risks: ‘‘Political ten- The Chair recognizes the gentleman more than 2,500 there as they withdraw sions are increasing and far from hav- from Florida [Mr. GOSS] for 5 minutes. and we assess the situation. ing brought stability, the U.S. led force f Mr. Speaker, Samuel Berger, our dep- can point only to a fragile security uty national security adviser, main- that impending parliamentary and A THIRST FOR VENGEANCE tains the real problem in Haiti these presidential elections may rupture.’’ The SPEAKER pro tempore. Under days is crime and it is, ‘‘at a level prob- Indeed, that is the fear. the Speaker’s announced policy of Jan- ably less than most cities around the Mr. Speaker, the new U.N. mission uary 4, 1995, the gentleman from Flor- world and in the United States.’’ I am commander, who is U.S. General ida [Mr. GOSS] is recognized during not sure that is a satisfactory standard Kinzer, has already said he will be un- morning business for 5 minutes. and I am not sure that is a satisfactory able to answer the call for security for Mr. GOSS. Mr. Speaker, this weekend explanation, because we are not talk- candidates and polling booths because, Presidents Clinton and Aristide cele- ing about simple crime. What we are as he noted, ‘‘I don’t have enough sol- brated the very welcome end of the talking about seems to be a very delib- diers to do that.’’ United States mission in Haiti in a erate campaign of vengeance against What is the mission of the United Na- very beautiful ceremony with warm the non-Lavalas members of the Hai- tions force in Haiti today? Good ques- congratulations, white doves and all. It tian political class at a time when they tion. Generally it is to maintain order. was a wonderful photo opportunity and are gearing up for parliamentary elec- Do they have the resources? Another a good moment, especially, a good time tions and Presidential elections and it good question we know that plan to to thank our troops who did an excel- is a campaign that is being waged by spread fewer troops and less equipment

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 4033 H 4034 CONGRESSIONAL RECORD — HOUSE April 3, 1995 than the U.S. operation had in perma- other triumph for women’s sports, plaintiff in a title IX case involving nent deployments around the country- when the young women of Brown Uni- women’s hockey. Their budget, which side. versity continued their streak of court- was being eliminated, was equal to the We know that their rules of engage- room victories against the university budget for the men’s hockey teams’s ment will be more restrictive, includ- for the school’s refusal to recognize its sticks. ing the facts that the troops are no responsibilities under title IX to pro- Many schools are making the transi- longer authorized to use all necessary vide equal opportunity to men and tion to the increasing interest of means. We know little more than that. women in school, both in the classroom women in sports, but some are not. I have asked the administration what and on the field. As the House begins to look at the rules of engagement will be and I I had the privilege of hearing the tes- progress under title IX, there may be a am eagerly awaiting a response, but if timony of these women at a hearing be- silver lining in a new crop of freshman recent events are any indication, we do fore my subcommittee in the last Con- Members, who came here this year. I know one thing: The mission for our gress. They had been lured to the uni- have found that an understanding of troops in Haiti is not going to get any versity with the promise of an oppor- title IX and college sports is very much easier or any safer. tunity to compete in gymnastics only generational. Parents with daughters Mr. Speaker, I understand that Gen- to find out that their sport and wom- who have grown up in the past 20 years eral Kinzer has now available a SWAT en’s volleyball were being eliminated have watched these young ladies ex- team to go out and do some things that to save $77,000 a year. press interest in sports far greater go well beyond what is a traditional They sued, and Brown vigorously de- numbers than in the past. They have U.N. peacekeeping effort. A second fended. According to one published re- encouraged their daughters to play thing we are going to need, besides an port, Brown paid $100,000 to expert wit- sports, such as soccer, basketball, gym- explanation of what troops are there nesses at the trial, so apparently the nastics, track, and swimming. and where they are to go and what the issue was not saving $77,000. Despite They want these young women to rules of engagement are as a report the fact that the students have won at have the same opportunities as their from the White House, we are going to every stage of the process, Brown will sons. I am hopeful that these young need an explanation of just exactly continue to appeal. Members of Congress will view this what are the national security inter- Title IX issues are likely to resurface issue in a personal way, not an ideo- ests for the United States in Haiti in this Congress. Although the law has logical way. today to justify spending $2.5 billion been hampered through lack of en- I once again commend the Connecti- over these some 2 years of trying to forcement in the eighties, it still re- cut Huskies on their well-deserved nourish democracy there and just ex- mains one of the success stories of re- championship in an undefeated season, actly what justified putting over 20,000 cent years. Since its enactment in 1972, and I commend the Brown students for assault combat troops in a friendly women have found increasing opportu- continuing their battle for all women neighboring country. It has no designs nities in education, including college student athletes. of invasion on the United States of sports. America. Despite its success, there is still a f Mr. Speaker, these are important drumbeat of opposition in the college questions that need answers from the sports community, and it unfortu- LANDMARK TAX RELIEF BILL White House and they need them now nately comes primarily from college The SPEAKER pro tempor. Under that we have had a successful conclu- football coaches, who try to flame the the Speaker’s announced policy of Jan- sion of this in Haiti. fires that increased opportunities for uary 4, 1995, the gentleman from Texas, f women will lessen opportunities for Mr. SAM JOHNSON, is recognized during men in college football and other morning business for 5 minutes. COMMENDING UCONN WOMEN’S sports. Mr. SAM JOHNSON of Texas. Mr. BASKETBALL AND BROWN UNI- Nothing could be further from the Speaker, this week Republicans will VERSITY STUDENTS truth. complete the historic 100-day contract The SPEAKER pro tempore. Under Since the enactment of title IX, it is by passing a landmark tax relief bill. the Speaker’s announced policy of Jan- true that participation by women has Democrats will rise and denounce Re- uary 4, 1995, the gentlewoman from Illi- increased dramatically. Yet at the publicans as friends of the rich and en- nois [Mrs. COLLINS] is recognized dur- same time, the numbers of men partici- emies of the poor. They will replay ing morning business for 5 minutes. pating in college sports also increased. again and again the same old tired ar- Mrs. COLLINS of Illinois. Mr. Speak- Title IX has shown that increased op- gument of class warfare, trying to pit er, tonight many of us will watch the portunities for women do not come at Americans against Americans. championship final of the NCAA men’s the expense of men. Both sexes have Just last week Mr. GEPHARDT said, basketball tournament. The matchup fared well. ‘‘Republicans believe in giving money of last year’s champion Arkansas Ra- Football coaches will also argue that to the people that are the most privi- zorbacks and the return of the team increasing opportunities will harm leged in our society. And they believe with the most NCAA titles, the UCLA football, and that football should not that ultimately it will trickle down to Bruins, will be an exciting conclusion be considered in evaluating compliance the rest of society.’’ to an excellent tournament. with title IX. This is utter nonsense. I ask this question: Is repealing the However, nothing can be more excit- It is time to put the truth on the Clinton tax on Social Security benefits ing than yesterday’s NCAA women’s table. With the exception of a handful for senior citizens giving money to the basketball championship game during of very successful Division 1–A football most privileged? No. which we saw the undefeated Connecti- teams, most football programs are the Is increasing the earning limitation cut Huskies come from behind in the schools’ leading money losers. That for seniors from $11,000 to $30,000, giv- final few minutes to defeat the Ten- should not be a surprise, when many ing money to the most privileged? No. nessee Volunteers. Led by honors stu- schools travel with a team that is con- Is providing a savings account that dent and player of the year, Rebecca siderably larger than the Chicago allows any individual or family the op- Lobo, the Huskies became just the sec- Bears or other pro teams. Some schools portunity to save and invest in a first ond women’s basketball team to finish even house their players in hotels be- home, send their children to college, or a season undefeated. Texas accom- fore home games. help pay high medical bills giving plished that feat in 1986. The Huskies Title IX is not about taking away op- money to the most privileged? No. did it before a sellout crowd of over portunities for men to compete in Is increasing the amount small busi- 18,000 in Minnesota for 2 consecutive sports. It is about sharing resources nesses may expense from $17,500 to days, and television ratings were up 15 fairly. $35,000 giving money to the most privi- percent over last year. At the same hearing during which I leged? No again. This will free up need- The triumph of the Huskies came on heard from those Brown students, I ed capital to invest in new equipment the same weekend that there was an- also heard from a women who was a and create more jobs. April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4035 Is providing families with a $500 per the Republican side. I voted for a few. said it was going to cure America’s child tax credit, giving money to the I voted against many more. problems. We all know what we got for most privileged? Definitely no again, But let me say at the outset that it, the biggest national debt in the his- especially when 74 percent of the bene- even though I disagree with many ele- tory of the United States of America. fits go to families earning less than the ments in the contract, I certainly dis- It was a tax cut that did not work. $75,000. Actually there should be no cap agree with the procedure by which it And I am afraid this one is the same. at all. has been brought to the floor, I have Let me just give you one example. I guess the liberals have to engage in viewed the last 95 days or so as excit- The Republicans eliminate what is class warfare because liberal Demo- ing, interesting, and really one that called the alternative minimum tax. crats are the party of failed promises has brought new enthusiasm to this Now this is a tax on wealthy, profitable and broken dreams. This is the only de- House of Representatives and for that I corporations in America which was im- fense they have, since, for over 30 years would like to salute the Republican posed several years ago because we they have done nothing to slow spend- leadership. They have brought to this found out that some pretty smart law- ing, just raise taxes. floor ideas that have been debated. yers and accountants had figured loop- Look at the facts. President Clinton The reason I am in public life is be- holes in the Tax Code, and many of the promised middle class tax cuts in 1992 cause I like the battle of ideas. And, most profitable companies in America, and failed to deliver. But he did pass boy, we have sure had a lot of them on billion dollar enterprises with millions the largest middle-class tax increase in the floor over the last several weeks, of dollars of profit, were not putting a history. and we are going to have a big one this nickel in the Treasury. They took ad- And after the last election, the Presi- week. vantage of this wonderful economy and In the last few months we have had dent and the minority leader proposed this system of government and did not suggestions from the Republican side tax cuts, only now to withdraw them. pay a penny in taxes. to create orphanages. Now there was a The President promised deficit reduc- We said, you know, whatever happens concept people had not heard of in a tion but his current budget continues you have got to pay a minimum tax to long time. They finally gave up on that $200 billion deficits from now to eter- really contribute to the growth in the idea, but they kicked it around for a nity. country and to pay the bills. Mr. Speaker, Republicans have kept while. They had a proposal they did not give We put the alternative minimum their promises, and the liberal Demo- taxes on the books. The corporations crats have kept their tired rhetoric. It up on to cut the school lunch pro- grams. Unfortunately, that is one that paid their taxes for 5 or 6 years. Along is the Republicans that will lower come my Republican friends, and they taxes, balance the budget, and is going to have to be taken care of ei- ther by the Senate or the President. say, ‘‘That is unfair. We want to get downsize Government. back to the old days when profitable Republicans are showing the Nation And now they are still working on the concept of cutting student loans big corporations would not pay any they have the courage and integrity to taxes, where they could get off the create a stronger America. for kids from middle-class families who want to go to college and trade school hook completely.’’ f and improve their lives. I certainly That does not make much sense be- hope my Republican friends have sec- cause in order to give that break we BASEBALL STRIKE OVER ond thoughts about those. have got to continue to cut important programs in education and nutrition. The SPEAKER pro tempore. Under But the item for debate this week is the Speaker’s announced policy of Jan- one that has already been touched on f uary 4, 1995, the gentleman from Illi- and that is the so-called Republican nois [Mr. DURBIN] is recognized during tax cut package. Keep in mind, ladies SUPPORT FOR THE TAX RELIEF morning business for 5 minutes. and gentlemen, that every politician ACT Mr. DURBIN. Mr. Speaker, I have would love to stand before you in this The SPEAKER pro tempore. Under two different messages this morning. well and back home and say, ladies and the Speaker’s announced policy of Jan- First, let me say this. gentlemen, for this campaign, I present uary 4, 1995, the gentleman from Geor- After months of interminable nego- to you a tax cut. And, of course, the gia [Mr. NORWOOD] is recognized during tiations and public relations one- crowd will applaud. Everybody loves a morning business for 5 minutes. upmanship, the baseball strike appears tax cut. Mr. NORWOOD. Mr. Speaker, I rise to finally be over. On both sides during But, frankly, if you take a close look today in support of the Tax Relief Act the course of this strike we have seen at this tax cut from the Republicans, it because it is the right thing to do for our share of heroes and cads. May I, as is a lot different story than it first ap- America. We will put money into the a lifelong baseball fan, give the base- pears. hands of hard-working people who need ball owners and the players a word of The gentleman who spoke a few min- their own money to make ends meet. advice? utes ago talked about the small-change We will provide tax relief for working Your generation of owners and play- items in the tax bill that generally do seniors. But more than anything else ers has been entrusted with an Amer- benefit good people, senior citizens and we will do this week, we will draw a ican institution as venerable as any in working families and people who want line between the two parties. We will our country. America has now endured to save for their futures. He overlooked make it crystal clear to the American this strike, the loss of a world series the fact that 51 percent of the benefits people which party fights over big gov- and threats of another lost season with of this tax bill do not go to those folks. ernment and big spending and which amazing equanimity. Now please put They go to the wealthiest people in America. The privileged few are going party wants you to have more of your this sad chapter in our Nation’s history to score again. own money. behind us and play ball. And you know who is going to pay for Mr. Speaker, that we are doing the TAX CUTS FOR THE WEALTHY it? Once again, working families all right thing for America should be obvi- Now, let me switch to the political across this country. Because you can- ous—we will pass a $500 tax credit. side, if I might, for a moment. not give a tax cut without paying for Families with children earning less The gentleman who spoke before me it. You are going to add to the deficit. than $25,000 will have their entire Fed- kicked off the week in a series of So the Republicans want to add $178 eral income tax liability eliminated by speeches which you will hear from both billion to the deficit over the next 5 the tax credit. We will lower the bur- sides of the aisle about the so-called years and then over $400 billion in the den on married couples struggling to Republican contract and the first 100 5 years following that. So it will cost get by, by passing a tax credit for mar- days of the 104th Congress. I have us over $600 billion for this little tax ried couples. We will pass the American taken to this floor many times during cut deal. dream savings account which will the course of this debate on the Repub- The last time we had a tax cut pro- allow hard-working families to save lican contract and for the most part posal this big was when President Ron- money for college, or a home, or health have been critical of the proposals on ald Reagan was in the White House. He care tax free. H 4036 CONGRESSIONAL RECORD — HOUSE April 3, 1995 We will raise the earnings cap on sen- NO NEW TAXES ON FEDERAL Government Reform and Oversight and iors to allow them to hold a job with- EMPLOYEES that was unable to even make it out of out facing an outrageous tax bill. The SPEAKER pro tempore. Under committee. There were only 2 days of Under current tax law, a senior who the Speaker’s announced policy of Jan- hearings on this very complicated issue makes over $11,000 will face a marginal uary 4, 1995, the gentleman from Vir- and, quite frankly, there was still tax rate of 56 percent, that is more ginia [Mr. WOLF] is recognized during many issues unresolved. This is not a than the tax rate for millionaires. We morning business for 5 minutes. good precedent to be setting. will send the right message to working Mr. WOLF. Mr. Speaker, as the first Furthermore, most management ex- seniors—that it is good to work at any Member of Congress to introduce the perts will tell you that as you are age, unlike the current negative mes- family tax credit in the 103d Congress, downsizing it is important not to de- sage that says the Federal Government I am troubled with the tax bill we will moralize the remaining staff. Let me will penalize you for working. vote on this week which includes a just say it again. As you are Mr. Speaker, the Tax Relief Act will much-needed $500 tax credit for fami- downsizing it is important not to de- provide tax incentives for people who lies with children on one hand but also moralize the remaining staff. Hitting purchase long-term health care. We includes a payroll tax increase on Fed- Federal employees across the board will also provide a tax credit for people eral employees on the other. Federal with a payroll tax like this in conjunc- who provide long-term care at home for employees are virtually all middle- tion with downsizing efforts will have a an elderly relative. We will increase class taxpayers. We promised no tax in- devastating impact on morale at a crit- saving in this country by encouraging creases on middle-class Americans. ical time. IRA investment. And I am personally very disappointed What Federal employees? FBI agents, Simply put, we will provide tax relief to be put in such an untenable posi- DEA agents that are keeping drugs out for millions of average Americans who tion. of schools, CIA agents, Secret Service will greatly benefit from the oppor- I was calling for the family tax relief agents that would stop the bullet that tunity to keep more of their hard- in the 102d Congress and the 103d Con- kills the President of the United States earned money. And that is what sepa- gress when Republicans in the White like Timothy McCarthy who saved rates us from the Democrats. House and many in Congress would not President Reagan’s life. Cancer re- search at NIH. Mr. Speaker, the Democrats will give it the time of day. Yet my bill for When you downsize you treat the argue that we are giving tax breaks to family tax relief garnered bipartisan people you keep well and you do not the rich. Of course they defined rich. support for 263 cosponsors in the 102d demoralize them. This issue of un- That the Democrats hate the rich is a Congress. Raising taxes to fund a tax funded liabilities in the Federal pen- given. We could talk about why for cut was never part of the picture. So why sully our tax package now sion system is still open to consider- hours, but there is a far more troubling able debate. The Congressional Re- aspect to the Democrats argument. with a tax increase? President Bush did not balance the budget by raising taxes search Service reported that the trust Time and time again, we hear the fund balance is adequate to provide Democrats arguing for bigger govern- and neither did President Clinton. We will be breaking our promise in the needed budget authority on an ongoing ment and more of your money. basis. The combined funded and un- During the unfunded mandates de- contract not to raise taxes. Therefore, I hope that it will not only be those funded liabilities of the old retirement bate, the Democrats argued that the Republicans with large numbers of system is the amount that the Govern- Federal Government knew best and the Federal employees in their districts ment would have to pay all at one time States should follow our orders regard- who will oppose payroll tax hikes own if everyone who is or who has ever been less of the cost. During the regulatory certain groups but all on our side on a vested CSRS participant could de- reform debate, the Democrats argued the aisle who signed the contract as mand a check for the present value of that Federal regulators needed their well as those Democrats who oppose in- all the benefits to which they would be dictatorial power. When we argued for creasing taxes on the middle class. entitled from that time throughout re- greater local government control dur- We are repealing in this bill the So- tirement until their death, taking into ing the crime bill debate, the Demo- cial Security tax increase which the account future pay raises they might crats argued that the faceless bureau- Democrats passed to balance the budg- receive and cost-of-living adjustments crat knows best. And when we took et because it hit many middle-class re- after retirement. power away from the Federal bureau- tirees. Why repeat that mistake by b crats who run the welfare system, the picking on another group? And why re- 1300 Democrats screamed from the roof tops peat the disasters of the past in break- As the CRS noted, ‘‘This event can- that we were starving children, which ing promises on tax increases? not happen in the Federal retirement could not have been any further from A fundamental tenet of the Contract system.’’ Federal pension obligations the truth. With America is the commitment to no would not just come due all at once, at Mr. Speaker, this debate over the new taxes. Once we cede the tax issue one time. Tax Relief Act is not about rich or in any area we will be open to the argu- Furthermore, given the large poor, it is about control. When we vote ment that it is OK to raise taxes; it downsizing effort in progress, the pen- for you to have more of your money, just depends upon whose. sion liabilities will be dramatically re- for you to spend your money on your We should not be talking about rais- duced in coming years, and this is just children or your home or your retire- ing anybody’s taxes. But this bill sin- one more reason why it is particularly ment, you control more of your money, gles out Federal employees for a dra- unfair that Federal employees will see and government should do less. There matic increase in payroll taxes. For ex- the huge jump in their payroll tax. will be fewer unfunded mandates, less ample, an FBI agent, who everyone in Some of them will be gone before this regulation, less control over crime and this body would call if your wife or pension even vests. welfare spending by the Federal Gov- husband or children was kidnaped, an Instead of including this complex ernment. Less of all the things Demo- FBI agent with two children earning issue in this tax bill, perhaps we need a crats hold dear. The Democrats want $50,000 will pay an additional $250 a bipartisan commission to look at it. I your money to fund big government year to the Federal Government even am asking that the tax increase provi- programs. When we give money back to with the $500 tax credit. This is a $1,250 sion be removed and that we complete you, they lose control. They want to hit without the tax credit. the final plank in the contract without keep your money. We want you to have The provision that was put into the any tax increase. more of the money you worked hard bill is even more onerous than the pro- I include for the RECORD a memoran- for, it is just that simple. vision proposed in the Committee on dum and letters to Mr. Darman. April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4037

CONGRESSIONAL RESEARCH SERVICE, long-term CSRS pension liabilities (the fund the current and deferred compensation of its LIBRARY OF CONGRESS, balance represents ‘‘funded liabilities’’). employees are Federal tax revenues. Washington, DC, March 18, 1995. Thus, the unfunded CSRS liability was $538.3 Subject: Federal Civil Service Retirement: Is billion. The unfunded liability developed be- DOES THE CSRS FACE INSOLVENCY? There a Financing or Funding Problem? cause the CSRS funding laws have not re- Currently about half of the Federal From: Carolyn L. Merck, Specialist in social quired the Government to fund the system workforce participates in the CSRS and legislation, Education and Public Wel- fully. Nevertheless, the primary purpose of about half participates in FERS. Over the fare Division. the Federal trust fund is not to provide a next two decades or so the number of CSRS Two questions have been raised recently source of cash for the Government, but to workers will decline as they retire, and the regarding the Federal Civil Service Retire- provide budget authority to allow the Treas- workforce will include mostly FERS partici- ment System [CSRS]. First, is the ‘‘unfunded ury to disburse monthly annuity checks pants. As the number of CSRS-covered work- liability’’ of the CSRS a problem that needs without annual appropriations. The trust ers declines, the assets credited to the trust to be fixed to avoid steep increases in out- fund balance is adequate to provide this fund for CSRS will decline not because of lays from the Treasury or increases in the budget authority on an ongoing basis. loss of payroll contributions from workers, deficit? Second, is the system now insolvent, The combined funded and unfunded liabil- but primarily because the Government’s pay- or will it become insolvent in the future? ities of the CSRS, $815 billion in FY 1993, is ments will decline. Employee contributions The answer to both of these questions is the amount the Government would have to ‘‘pay for’’ only about 12 percent of current ‘‘no.’’ pay all at one time if everyone who is or who annual benefit costs. However, the formulas ever has been a vested CSRS participant BACKGROUND by which the Government’s share of CSRS could demand a check for the present value costs are determined are based on projec- From 1920 until 1984 the CSRS was the re- of all the benefits to which they would be en- tirement system for most Federal employ- tions of long-term benefits; as long-term titled from that time throughout retirement benefit projections decline in anticipation of ees. In 1935, Congress enacted social security until their death (or their survivor’s death), for private sector workers. In 1983, when so- the demise of the CSRS, the Government’s taking into account future pay raises they funding will decline, although there will still cial security funding was running low, Con- might receive (which affect the annuity at be CSRS retirees and survivors entitled to gress brought cash into that system by man- retirement) and cost-of-living adjustments benefits. According to the Office of Person- dating (among other things) social security after retirement. This event cannot happen nel Management (OPM), CSRS benefit pay- coverage and payroll taxes for all Federal in the Federal retirement system. Federal ments will begin to exceed the amount of as- workers entering civil service employment pension obligations cannot come due all at sets credited annually to the trust fund for on or after January 1, 1984. Because social se- one time, unlike the situation that arises in CSRS in about 2008, and the assets attrib- curity benefits would duplicate some CSRS the private sector when an employer goes utable to the CSRS will be depleted by about benefits, Congress closed the CSRS to new out of business and must pay all promised 2025. participants at the end of 1983 and designed pension obligations at once. Some of the When Members of Congress wrote the new the Federal Employees’ Retirement System Government’s liabilities represent payments FERS law in 1986, they understood that there [FERS] to coordinate with social security. A due to current retirees, who receive their would have to be a financial transition from primary objective of Congress in designing a benefits 1 month at a time throughout re- CSRS to FERS in the next century, and they new system was to create a retirement plan tirement; others represent payments that wrote the law to provide for that transition. like those commonly found in the private will not commence for years to come because First, the law provides for one trust fund in sector. Congress crafted FERS during 2 years the workers are not yet eligible for retire- which CSRS and FERS assets are combined. of careful analysis of alternatives and ment. By the time they become eligible, oth- Therefore, there is no separate CSRS trust planned for a smooth funding transition ers currently retired will have died. Thus, fund that will be depleted. Second, Congress from CSRS to FERS. unlike private employers, the Government established a system whereby benefit pay- Total annual benefit costs for current Fed- need not fully prefund the retirement system ments under the CSRS will be authorized by eral retirees and survivors were about $36 in order to insure against having to pay off FERS trust fund securities as needed until billion in FY 1994. About $9.7 billion in re- all earned benefits simultaneously. there are no more CSRS benefits to be paid. ceipts were credited to the retirement trust Some are concerned that the existence of Thus, the securities that are building up for fund account of the Treasury from payroll unfunded Federal pension liabilities has, or FERS, and that are in excess of the amount withholding from current workers along will have in the future, an effect on the needed to authorize FERS payments for with payments from the U.S. Postal Service budget deficit and/or the need for tax reve- some time, will be reduced each year by the and the Government of the District of Co- nues. The annual budget cost to the Govern- amount by which CSRS benefits exceed lumbia. ment of CSRS (or any retirement system) CSRS assets. This will cause an increase in These cash receipts are converted to Fed- can never be more than the sum of the the FERS liability, but that liability will be eral securities and are deposited in the one checks written to annuitants 1 month at a ‘‘paid off’’ through a series of 30-year amorti- retirement trust fund that finances both time. Thus, the liabilities of the system, zation payments. Using a 75-year projection CSRS and FERS. Other annual trust fund re- funded or unfunded, will never require pay- period, OPM estimates that the total value ceipts in the form of Federal securities total ments from the Treasury in excess of the of securities in the trust fund will grow about $53.8 billion and are deposited accord- benefits payable to living, retired workers or throughout the projection period, ultimately ing to formulas established in law to prefund survivors. However, the cash to pay monthly reaching about 4.2 times payroll, or nearly 18 partially future retirement benefits and to benefits comes from general revenues, and times the amount needed to pay annual ben- pay interest on the securities in the fund. In paying monthly benefits creates an outlay efits. This means that in the next century total, the trust fund received $63.5 billion in from the budget and therefore contributes to the trust fund will reach an ongoing steady FY 1994 and spent about $36 billion for bene- the budget deficit, as does any Government state in which it will have a balance suffi- fits. The deposit of securities in the trust spending. Consequently, in times of tight cient to authorize 18 years of benefit pay- fund is an ‘‘intragovernmental transfer’’ be- budgets, Congress often considers benefit ments. tween accounts of the Treasury; it does not cuts in order to reduce spending. This would In summary, by definition, under the fi- constitute an outlay from the Treasury and be true if the program were fully funded and nancing arrangements set out in the current has no effect on the budget deficit. Benefit had no unfunded liability, or, conversely, if law, the system is not now and never will be payments and administrative costs are the there were no trust fund and the program ‘‘insolvent’’ or without adequate budget au- only expenditures of the Treasury for the re- were totally unfunded. thority for payment of benefits. Again, be- tirement system. Because the trust fund re- The CSRS is an employer-provided defined cause the budget cost of the systems can ceives more income each year than is debited benefit system, which is the type of plan pro- never exceed the cost of monthly benefits to for benefits, its balance continues to grow. vided by many private employers for their living annuitants, the cash required from the IS THE UNFUNDED CSRS LIABILITY A BUDGET employees and by most State and local gov- Treasury or taxpayers will never exceed the PROBLEM? ernments. Under all defined benefit pension cost of those monthly payments. The liabilities of a retirement system are plans, public and private, the employer bears the costs of benefits promised to workers and the responsibility for financing and paying retirees. A retirement system is ‘‘fully fund- most or all of the cost of benefits. Defined APRIL 29, 1991. ed’’ if a trust fund holds assets approxi- benefit pensions are deferred compensation, Hon. RICHARD DARMAN, mately equal to the present value of all fu- meaning the employer defers paying employ- Director, Office of Management and Budget, ture benefit promises to which retirees and ees’ compensation during their working The White House, vested employees are entitled (‘‘vesting’’ in years in favor of proving a specified level of Washington, DC. the Federal plans requires 5 years of employ- compensation throughout retirement years. DEAR MR. DARMAN: Since we last cor- ment covered by the system). ‘‘Unfunded li- Private employers finance employees’ pen- responded, H.R. 1277 The Tax Fairness for abilities’’ are earned benefits for which as- sions from invested income derived from the Families Act of 1991, has garnered the sup- sets have not been set aside in a retirement sale of goods or services. Analogously, the port of 73 bipartisan cosponsors from across fund. As of the end of FY 1993, the Federal employer of Federal workers is the American the political spectrum. retirement trust fund held $276.7 billion in taxpayer. The resources the Government has More members of Congress are recognizing assets for the CSRS, or about 34 percent of to meet its employer obligations to finance that a successful economic agenda is founded H 4038 CONGRESSIONAL RECORD — HOUSE April 3, 1995

in policy which strengthens the cornerstone JULY 7, 1991. other family tax measures. Thank you for of a strong and healthy society: the family. Hon. RICHARD DARMAN, your consideration of these important issues. H.R. 1277 is a simple bill. It doesn’t require Director, Office of Management and Budget, Sincerely, more employees to administer a program or The White House, FRANK R. WOLF, a new federal building. It simply makes the Washington, DC. Member of Congress. tax code more family friendly by raising the DEAR MR. DARMAN: In case you had not al- personal exemption from $2050 to $3500 for ready seen it, I hope you will have a look at OCTOBER 8, 1991. children under age 18. the enclosed Allan Carlson piece in the Wall Hon. RICHARD DARMAN, I have enclosed a list of the current co- Street Journal regarding the issue of tax Director, Office of Management and Budget, sponsors for your information. This is an fairness for families. The White House, issue that is quickly gaining interest and I We now have 210 cosponsors on H.R. 1277. I Washington, DC. would appreciate your support. hope Administration will support this bill DEAR MR. DARMAN: The American family Best wishes. and avoid repeating the ‘‘swedish mistake.’’ has never been under greater attack than it Sincerely, Thanks again for your interest in this leg- is today. From our inner cities to our sub- FRANK R. WOLF, islation. urbs, families are threatened by disturbingly Member of Congress. Sincerely, high rates of child abuse, spouse abuse, teen FRANK R. WOLF, suicide, high school drop outs, drug and alco- MAY 1, 1991. Member of Congress. hol use and most tragically violence and Hon. RICHARD DARMAN, death among our youth. Today more young Director, Office of Management and Budget, males die of gunshot wounds every year than AUGUST 22, 1991. The White House, died in Desert Storm. The wheels are coming Hon. RICHARD DARMAN, Washington, DC. Director, Office of Management and Budget, off the American family and clearly, chil- DEAR MR. DARMAN: As you’ll recall, when The White House, dren cannot steer clear of trouble without we first spoke about my legislation to in- Washington, DC. the guiding influence of the family. crease the dependent deduction, 52 House These disturbing trends in child and family DEAR MR. DARMAN: As the Wall Street members had cosponsored. Journal reported in the attached article, tax well-being have coincided with the dramati- Lat week when I wrote you, 73 members cally reduced tax benefit for children. While fairness for families is going to be a key po- had signed on. I wanted to let you know that children today are more at risk from numer- litical issue for the coming year. today we reached 100 cosponsors and I have ous cultural threats, parents are pushed by I am writing to urge the Administration’s enclosed the list for you. financial pressures to spend less time with support for the family tax packages that I Bipartisan momentum is building on this their children. Too often either Mom nor have put forward to increase the dependent bill which will help the American family and Dad is home to hear the after school trials deduction (H.R. 1277) and expand the Young I hope the Bush Administration will lend its and tribulations of troubled adolescents or Child tax Credit (H.R. 2633). This package al- support. to help with homework or to spend relaxed ready has the bipartisan support of 248 co- Sincerely, time with their children. The combined ef- sponsors including 101 Democrats. Unlike FRANK R. WOLF, fect of these ‘‘twin deficits’’ of time and other tax packages recently proposed, this Member of Congress. money create a downward spiral for family package provides tax relief exclusively for well-being as well as real pain and suffering working families, treats both one-earner and MAY 6, 1991. for thousands of children and families. Hon. RICHARD DARMAN, two-earner families in an equitable manner, Family tax relief is an important part of a Director, Office of Management and Budget, and does not propose to create higher tax workable solution for families and is a natu- The White House, brackets. ral outgrowth of the following common sense Washington, DC. While it appears that many of the family sentiments recently expressed by President DEAR MR. DARMAN: Just a quick note to let tax package already proposed will take the Bush: you know that H.R. 1277, ‘‘Tax Fairness for dubious route of increasing taxes to provide We all realize that government has real Families,’’ has picked up an additional 25 co- a so-called middle class tax relief package, limits. You can’t replace values with regula- sponsors since I wrote you last week. the Administration has the opportunity to tions. You can’t replace parents with case- We now have 125 cosponsors and I have en- provide a clear alternative. By working with workers. closed an updated list of the cosponsors for the majority in Congress who support family The family tax bills we have introduced fit you. tax relief yet, the Administration can put well into the President’s efforts to restore I hope the Bush Administration will sup- forth a program of restrained growth in do- proportion and balance to government while port H.R. 1277. mestic spending to provide for significant allowing individuals and families to have Sincerely, family tax relief. more choices and opportunities. That is why FRANK R. WOLF, As you may know, last year I supported we believe it is important that the Adminis- Member of Congress. the budget agreement and believe in the need tration enthusiastically embrace and en- for responsible fiscal policy. The combined dorse family tax relief and make it a legisla- MAY 9, 1991. cost of H.R. 1277 and H.R. 2633 is estimated at tive priority in the upcoming year. Already Hon. RICHARD DARMAN, between $12–15 billion per year. I believe it there are 252 cosponsors of H.R. 1277 (a meas- Director, Office of Management and Budget, could be paid for through a unified cap on do- ure to increase the dependent deducation to The White House, mestic spending of between 6%–61⁄2 percent. $3,.500) and growing support in the Senate for Washington, DC. A unified cap on domestic spending would S. 152 to double the personal exemption. DEAR MR. DARMAN: I wanted to give you a provide a logical extension to the common The Bush Administration has an historic quick update on the support building in the sense restraints put on spending in last opportunity to further advance the cause of House for H.R. 1277, ‘‘Tax Fairness for Fami- year’s budget agreement. Currently, approxi- families. By actively pushing these family lies.’’ mately $100 billion is spent on programs ben- tax relief measures in combination with a We have picked up an additional 35 cospon- efiting children. These programs could still capital gains tax cut, the Administration sors since I wrote to you on Monday, May 6. meet the needs of families and children if can forward a proactive family policy that H.R. 1277 now has 160 cosponsors. they grew at this reasonable rate. gives families more money, time and oppor- I hope the Administration will support this In addition, the Administration could also tunity for families themselves to promote bill. put forward the capital gains tax cut as a family well-being. Domestic policy that fo- Sincerely, revenue raiser for family tax relief. With the cuses on the home and families instead of FRANK R. WOLF, thousands of new jobs that would be pro- more government programs is the true recipe Member of Congress. duced with a lower capital gains rate, a dy- for nurturing families and children. namic with/win situation would be achieved We believe this is good legislation that the MAY 9, 1991. by providing revenue for family tax relief Administration can support and Congress Hon. RICHARD DARMAN, while also spurring the economy and increas- can pass. It helps families right away with- Director, Office of Management and Budget, ing job opportunities. out adding to big government or mandating The White House, With the trust of the American people and regulations or policies. Washington, DC. the facts on his side, President Bush and this Thank you for your consideration of these DEAR MR. DARMAN: We now have 200 co- Administration can provide strong support important issues. If we can provide you with sponsors of H.R. 1277, ‘‘Tax Fairness for Fam- to American families by allowing them to any additional information please contact ilies.’’ keep more of their own hard-earned money either of us or Barbara Comstock at 225–5136. We need the Administration’s support for to provide for their families. All the atten- Sincerely, this legislation. tion on family tax relief provides an excel- FRANK R. WOLF, With warm regards, lent opportunity for the Administration to Ranking Minority Sincerely, advance its pro-family, pro-growth, policies Member, Select Com- FRANK R. WOLF, while distinguishing them for the failed and mittee on Children, Member of Congress. tired ‘‘Robin Hood’’ politics put forth in Youth, and Families. April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4039 DAN COATS, In addition, the Administration could also created a big debt. But it was not the Ranking Minority put forward the capital gains tax cut as a tax side of the equation that we did Member, Subcommit- revenue raiser for family tax relief. With the wrong. It was the spending side of the tee on Children, thousands of new jobs that would be pro- Family, Drugs, and duced with a lower capital gains rate, a dy- equation that we did wrong. Alcoholism. namic win/win situation would be achieved As a matter of fact, during the 1980’s, by providing revenue for family tax relief if one looks back, during the first 3 OCTOBER 23, 1991. while also spurring the economy and increas- years of the 1980’s we had virtually no Hon. RICHARD DARMAN, ing job opportunities. growth in revenues, no growth because Director, Office of Management and Budget, With the trust of the American people and we were suffering from the hangover of The White House, the facts on his side, President Bush and this Washington, DC. Administration can provide strong support the Carter administration. DEAR MR. DARMAN: I would like to empha- to American families by allowing them to I can remember during that period of size one more time the importance of includ- keep more of their own hard-earned money time when President Carter could not ing direct family tax cuts in the Administra- to provide for their families. All the atten- figure out what had gone wrong, and tion’s economic growth package. Frankly, I tion on family tax relief provides an excel- there was a new person who came on am disappointed that the Administration has lent opportunity for the Administration to not yet signed onto the efforts for family tax advance its pro-family, pro-growth, policies the scene. His name was Ronald relief when the support is already present in while distinguishing them from the failed Reagan. the House just waiting for someone to lead and tired ‘‘Robin Hood’’ politics put forth in There are some of us on this side of the charge. It is my hope that it will be other family tax measures. Thank you for the aisle, and I hope some on that side, President Bush leading this charge and reap- your consideration of these important issues. who recognize that there were some ing the obvious benefits for both the Amer- Sincerely, things that were done right during the ican family and the Republican party. FRANK R. WOLF, early 1980’s to help put our economy I cannot over emphasize my concern for to- Member of Congress. day’s families and the financial and cultural back on the right track. pressures they face. Families are clearly NOVEMBER 22, 1991. One of those things occurred in 1981, overtaxed. By making family tax relief the Hon. RICHARD DARMAN, 1982, and 1983. It was a redoing of our centerpiece of the Administration’s eco- Director, Office of Management and Budget, tax policy because we recognized that nomic growth package we could both help Washington, DC. we could not get growth in Federal rev- American families and garner the political DEAR MR. DARMAN: I wanted to share with enues until we got the national econ- support for a capital gains tax cut and a true you a recent letter sent to President Bush, economic growth package. signed by over 60 House Republicans, calling omy growing. I hope you will consider the advantages of for a Special Session of Congress to pass an And it was in 1981, 1982, and 1983 that making family tax relief a centerpiece of the economic recovery package which would we put a whole new face on our Tax Administration’s economic growth package. help American families and stimulate the Code, a whole new face that was in- Sincerely, economy. tended to create economic growth, cre- FRANK R. WOLF, In the brief time this letter was circulated, ate jobs and at the same time create Member of Congress. almost every member asked signed onto the letter. The American people need our help more Federal revenue. And, guess NOVEMBER 18, 1991. now and President Bush has an historic op- what, at the beginning of the 1980’s we Hon. RICHARD DARMAN, portunity to take this bold action and help had Federal revenues of just over $500 Director, Office of Management and Budget, American families and businesses. billion, and by 1990 we had doubled our The White House, Sincerely, revenues. Washington, DC. FRANK R. WOLF, That is right. In spite of the fact that DEAR MR. DARMAN: As Wall Street Journal Member of Congress. reported in the attached article, tax fairness in 1981, 1982, and 1983 we had tax rate for families is going to be a key political NOVEMBER 25, 1991. reductions, by 1990 we had doubled the issue for the coming year. Hon. RICHARD DARMAN, amount of revenue that our colleagues I am writing to urge the Administration’s Director, Office of Management and Budget, from both sides of the aisle had to support for the family tax package that I Washington, DC. spend. have put forward to increase the dependent DEAR MR. DARMAN: I wanted to share with And so if anyone thinks that the you a copy of a letter I recently sent to deduction (H.R. 1277) and expand the Young Reagan tax policies had something bad Child Tax Credit (H.R. 2633). This package al- President Bush on the need for the Adminis- ready has the bipartisan support of 248 co- tration and the Republican party to be to do with our revenue picture, bad to sponsors including 101 Democrats. Unlike strongly on the offensive in the area of fam- do with economic growth or bad to do other tax packages recently proposed, this ily policy. with the deficit situation, I think they package provides tax relief exclusively for The battle for the middle class and the are dead wrong. working families, treats both one-earner and American family is on. Family tax relief and As a matter of fact, what we did ‘‘family friendly’’ work issues are winning is- two-earner families in an equitable manner, wrong in the 1980’s was that while we and does not propose to create higher tax sues for the President as well as the right brackets. thing to do. I hope you find this information were doubling the amount of revenue While it appears that many of the family helpful. that we had to spend we more than tax packages already proposed will take the Thank you for your time and consideration doubled spending, and I think all of us dubious route of increasing taxes to provide of these important issues. recognize today therefore that there a so-called middle class tax relief package, Sincerely, were some things that we did right in the Administration has the opportunity to FRANK R. WOLF, the 1980’s that had to do with economic Member of Congress. provide a clear alternative. By working with growth where we had, on average, bet- the majority in Congress who support family f tax relief yet, the Administration can put ter than 4 percent growth. forth a program of restrained growth in do- REPUBLICAN TAX POLICIES HELP What we did wrong was that we had, mestic spending to provide for significant ECONOMY on average, more than that in terms of family tax relief. The SPEAKER pro tempore (Mr. growth in our spending programs. And As you may know, last year I supported HASTINGS of Washington). Under the so what we are trying to do on this side the budget agreement and believe in the need Speaker’s announced policy of January of the aisle, now that for the first time for responsible fiscal policy. The combined in 40 years we get to call some of the cost of H.R. 1277 and H.R. 2633 is estimated at 4, 1995, the gentleman from New Jersey between $12–15 billion per year. I believe it [Mr. SAXTON] is recognized during shots, we are trying to replicate what could be paid for through a unified cap on do- morning business for 5 minutes. we did right in the 1980s and fix what mestic spending of between 6–61⁄2 percent. A Mr. SAXTON. Mr. Speaker, the last we did wrong. unified cap on domestic spending would pro- speaker from the other side of the aisle We got to the end of the 1980’s and vide a logical extension to the common sense seemed to take great delight in looking President Bush went off to Andrew air restraints put on spending in last year’s back at the 1980’s and suggesting that Force Base in I think it was 1989 or budget agreement. Currently, approximately $100 billion is spent on programs benefiting what was done during the 1980’s was all 1990; and he said, look, we have got to children. These programs could still meet wrong because we created a big debt. fix this situation. The Democrat lead- the needs of families and children if they Well, I agree with the gentleman that ership agreed, and they agreed to raise grew at this reasonable rate. what we did was all wrong because we taxes to fix the deficit problem. H 4040 CONGRESSIONAL RECORD — HOUSE April 3, 1995 Then in 1993 once again President Republicans dropped their opposition to Even more important, the Speaker Clinton decided with the Democrat the tax break after learning Murdoch was himself needs to come clean, on his ties leadership that once again we ought to the beneficiary of the legislation and con- with Murdoch, on his role in this spe- do something to try to fix the deficit sulting Gingrich, according to six sources in- cial tax break, and on the tangle of volved in the negotiations. problem. In both cases taxes were special interests that are tainting all raised; and in both cases, one succeed- In fact, according to an earlier New his dealings. ing the other, it was the biggest tax in- York Daily News story on Saturday, a This is precisely the kind of thing we crease in the history of our country, in Senate staffer is reported as saying, warned about when NEWT GINGRICH en- 1990 trumped by 1993. ‘‘the Republicans were going to kill the tered his $4.5 million book deal with When we come and look at the books deal until they found out that Murdoch Rupert Murdoch. today we see that we have still got the owned the station. Then they almost And this is why now, more than ever, same deficit problem because we have magically approved it.’’ we need a professional, nonpartisan, not done anything about spending, and Keep in mind: The Republicans outside counsel to come in and sort out by increasing taxes we have simply put claimed they opposed this kind of tax this whole mess. a damper on the national economy. break. And in 18 other pending cases, It is looking more and more every This year, the President’s report on they refused to allow these deals to go day like the so-called Contract With the economy suggests that in the years forward. America is really a contract with cor- ahead we can anticipate a 2.3- to 2.5- Only the case involving Rupert porate special interests, or perhaps a percent growth in our national econ- Murdoch’s TV station in Atlanta was contract with NEWT GINGRICH’s special omy. And, once again, many of us allowed to go through with a special friends. tax break. think on this side of the aisle and I am f sure there are some on yours who be- I am here today to call on Speaker lieve that this is because of the bad tax NEWT GINGRICH to explain exactly why RECESS his own publisher got special treat- policy that was put in place in 1990 and The SPEAKER pro tempore. There ment, and exactly why this multi-mil- 1993. being no further requests for morning lion-dollar tax break for Rupert What the Republican tax proposal for business, pursuant to clause 12, rule I, Murdoch was allowed to secretly slip this year is, it is a growth package. It the House will stand in recess until 2 through. deals with capital gains to get growth. p.m. today. For the Speaker to claim that he had It deals with reforming the alternative Accordingly (at 1 o’clock and 11 min- to agree to a special provision that was minimum wage to get growth. It deals utes p.m.), the House stood in recess put in by a Senator is ludicrous. with promoting savings and invest- until 2 p.m. ment by giving different treatment to Just last week, when Democrats f the IRA’s and putting in place what we tried to keep a Senate provision that call our super-IRA plan. would stop billionaires who renounce b 1400 It has to do with the senior citizens their citizenship from avoiding their earning test, and it has to do with a taxes, the Speaker said no. AFTER RECESS family tax credit for middle America And following lockstep with his lead, The recess having expired, the House so that the families of America can every Republican but five voted was called to order by the Speaker pro share in this growth opportunity along against closing this loophole for bil- tempore [Mr. BARRETT of Nebraska] at with our Government and with our lionaires. 2 p.m. Now we find that hidden in this same Federal revenues. f So when the gentleman, the previous bill was a special provision that would speaker from Illinois, Mr. DURBIN, allow one billionaire, who just happens PRAYER to be the Speaker’s publisher, to reap a criticized us for the 1980’s, we are will- The Chaplain, Rev. James David multi-million-dollar windfall. ing to take our share of the criticism. Ford, D.D., offered the following pray- Does anybody really believe that the We are willing to look at what we did er: Speaker could not do anything to stop wrong in the 1980’s, which was our fail- The beauty and refreshment of this this? ure to curtail spending, but we are not spring day reminds us of the need for It seems to me that the lesson here is willing to concede, not for a minute, renewal and restoration in our lives. no matter which way you cut it, if you that good growth tax policy is what the This day is Your gift, O gracious God, are a multimillionaire or if you are a American economy needs, and as a re- a gift that reminds us of Your bounti- billionaire, Republican tax bills are sult, we will have the revenue to bal- ful good will to us and to all people. We going to look out for you. ance the budget by the year 2002. are sensitive to the fresh air of spring, What we have here is a window on we are alert to the green buds that now f the whole Contract With America and surround us, wherever we look our the way the Gingrich Republicans oper- senses are filled with the resurgence of TAX BENEFIT FOR RUPERT ate. life and new possibilities of our growth MURDOCH This week we are going to be dealing in faith and hope and love. Fill us, we The SPEAKER pro tempore. Under with what the Speaker himself calls pray, with the joy and the blessing and the Speaker’s announced policy of Jan- the crown jewel of the contract—a tax the light of this day, that we will walk uary 4, 1995, the gentleman from Michi- bill that will give more than half its with Your favor and be the people You gan [Mr. BONIOR] is recognized during benefits to people making more than would have us be. In Your name, we morning business for 5 minutes. $100,000 a year. pray, Amen. Mr. BONIOR. Mr. Speaker, this week- The Gingrich Republican tax bill end, the New York Daily News made may be a crown jewel for the wealthy— f some disturbing revelations about the but for the rest of America, it’s fool’s THE JOURNAL kinds of secret, backroom deals being gold. cut by House Republicans. Last week’s special windfall for Ru- The SPEAKER pro tempore. The Last week, the House passed legisla- pert Murdoch must not stand. Chair has examined the Journal of the tion that would allow tax deductions There is still time for the Senate to last day’s proceedings and announces for the self-employed and repeal tax stop this multi-million-dollar boon- to the House his approval thereof. benefits for minority broadcasters. doggle. Pursuant to clause 1, rule I, the Jour- But hidden in the conference report I am calling on the Senate to strip nal stands approved. was one special provision that would this provision out and send us a clean f allow Rupert Murdoch to reap tens of bill. millions of dollars in tax benefits. BOB DOLE should send this bill back PLEDGE OF ALLEGIANCE According to Sunday’s New York without the special break for Rupert The SPEAKER pro tempore. The Daily News, and I quote: Murdoch. Chair requests the gentleman from April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4041

North Carolina [Mr. JONES] to lead the for 1 minute and to revise and extend Ms. DELAURO. Mr. Speaker, yester- House in the Pledge of Allegiance. his remarks.) day the University of Connecticut’s Mr. JONES led the Pledge of Alle- Mr. TRAFICANT. Check this out, women’s basketball team put the final giance as follows: you promise keepers: The dollar, once flourish on a perfect season by winning I pledge allegiance to the Flag of the valued at 234 yen has joined the Titanic; the NCAA tournament and national United States of America, and to the Repub- it is down to 86 yen. women’s basketball title. I join fans lic for which it stands, one nation under God, Now check this out: All of these from all across our State in congratu- indivisible, with liberty and justice for all. think tank impresarios and all of these lating the players, the coaches, and the f economic gurus told Congress if you entire university for this historic want to fix the trade problem, drive MESSAGE FROM THE PRESIDENT achievement. We are so proud of you; down the value of the dollar. It is so you are true champions. A message in writing from the Presi- low it could walk under a closed door The Huskies’ achievement is even dent of the United States was commu- with a top hat on, and in Detroit the more remarkable when you consider nicated to the House by Mr. Edwin deficit keeps growing. It is not the the team had to come from behind to Thomas, one of his secretaries. budget deficit, it is not rescissions, it defeat the talented Tennessee Volun- f is not tax cuts. teers. Either team would have made a Japan has cleaned our clock on ille- MESSAGE FROM THE SENATE terrific champion, but 1995 is UConn’s gal trade for years. We are in a trade year. In fact the Huskies’ undefeated A message from the Senate by Mr. war. Is America afraid to fight? This is season marks only the second time in Hallen, one of its clerks, announced war. the 14-year history of the tournament Why do we not regulate commerce that the Senate has passed bills of the that a women’s team has finished the with foreign nations like the Constitu- following titles, in which the concur- season with an unblemished record. tion charges us, Congress, and then rence of the House is requested: There was another piece of history maybe we will keep a few promises S. 464. An act to make the reporting dead- made last night when President Clin- with working Americans. lines for studies conducted in Federal court ton called to congratulate the team. It I hope those gurus are in some eco- demonstration districts consistent with the was the first time a President has deadlines for pilot districts, and for other nomic unemployment line somewhere purposes; and in the country. called the NCAA women’s champion after the title game. Let us hope that S. 532. An act to clarify the rules governing f venue, and for other purposes. this tradition continues, along with f CLEAN WATER ACT REAUTHORIZA- the winning tradition of women’s bas- TION RECEIVES BIPARTISAN ketball at the University of Connecti- REPUBLICAN CONTRACT WITH SUPPORT cut, the 1995 National Champions. AMERICA (Mr. SHUSTER asked and was given Go Huskies. (Mr. SAXTON asked and was given permission to address the House for 1 f permission to address the House for 1 minute and to revise and extend his re- minute and to revise and extend his re- marks.) TOP 10 LIST OF PEOPLE MAKING marks.) Mr. SHUSTER. Mr. Speaker, it is be- MORE THAN $100,000 WHO WILL Mr. SAXTON. Mr. Speaker, our Con- coming very clear that the environ- GET A TAX BREAK UNDER THE tract With America states the follow- mental extremists have decided to REPUBLICAN PROPOSAL ing: adopt the big lie strategy to attack the On the first day of Congress, a Re- clean water bill. They are saying that (Mr. WYNN asked and was given per- publican House will require Congress to the bill was written behind closed mission to address the House for 1 live under the same laws as everyone doors by Republicans with industry. minute and to revise and extend his re- else; cut committee staffs by one-third; Here are the facts. The clean water marks.) and cut the congressional budget. We bill provides over $3 billion a year to Mr. WYNN. Mr. Speaker, it looks like kept our promise. continue cleaning up America’s waters. the Republicans are at it again: Rob It continues that in the first 100 days, The original cosponsors, 16 of us, 8 from the poor to give to the rich. First we will vote on the following items: A Republicans, 8 Democrats. The bill it was the school lunch program; now balanced budget amendment—we kept passed overwhelmingly in the sub- it is college scholarships. It would not our promise; unfunded mandates legis- committee last week, 19 to 5, with a be so bad if tax breaks were going to lation—we kept our promise; line-item majority of Democrats as well as Re- people who really deserve them, but veto—we kept our promise; a new publicans voting in favor of it. It has that is not the case. That is why I crime package to stop violent crimi- been an open process. made up my top 10 list in the spirit of nals—we kept our promise; National The EPA testified more than three the times—top 10 list of people making Security restoration to protect our times before our committee. In fact it more than $100,000 who would get a tax freedoms—we kept our promise; Gov- was so open that the Governors’ Asso- break under the Republican proposal. ernment regulatory reform—we kept ciation sent us a letter saying we com- No. 10, big developers. our promise; commonsense legal re- mend you for the unprecedented inclu- No. 9, doctors. form to end frivolous lawsuits—we sion of State and local government rep- No. 8, wealthy landlords. kept our promise; welfare reform to en- resentatives in the process for develop- No. 7, big agri-farmers. courage work, not dependence—we ing a Clean Water Act reauthorization. No. 6, corporate managers. kept our promise; congressional term Now, it is true, we do want to correct Remember, these are people who are limits to make Congress a citizen legis- the overzealous regulations, but do not going to get a tax break under the Re- lature—we kept our promise; family re- be misled by the big lie. This is good publican proposal. inforcement, tax cuts for middle-in- legislation with strong bipartisan sup- No. 5, overpaid conservative talk come families, and the Senior Citizens’ port. show hosts. Equity Act to allow our seniors to f No. 4, the chairman of the local coun- work without Government penalty—we try clubs’ admissions boards. will do these this week. UNIVERSITY OF CONNECTICUT’S No. 3, wealthy lobbyists. This is our Contract With America. HUSKIES WIN NCAA TOUR- No. 2, attorneys. f NAMENT AND NATIONAL WOM- And the No. 1 group that is going to EN’S BASKETBALL TITLE get the tax break under their proposal, CONGRESS MUST REGULATE COM- (Ms. DELAURO asked and was given your local Congressman, because they MERCE WITH FOREIGN NATIONS permission to address the House for 1 make over $100,000. (Mr. TRAFICANT asked and was minute and to revise and extend her re- Do you think they need a tax break? given permission to address the House marks.) I do not. H 4042 CONGRESSIONAL RECORD — HOUSE April 3, 1995 PROTECTING THE AMERICAN second report on the real meaning of b 1415 DREAM the Republicans’ so-called contract. ANOTHER IMPORTANT DIF- The report describes the way the Re- (Mrs. SEASTRAND asked and was FERENCE BETWEEN DEMOCRATS publican tax bill—the so-called crown given permission to address the House AND REPUBLICANS for 1 minute and to revise and extend jewel of the contract—will result in an her remarks.) enormous giveaway to the wealthy and (Mr. HEFLEY asked and was given Mrs. SEASTRAND. Mr. Speaker, the the biggest corporations of this coun- permission to address the House for 1 Democrat defenders of the status quo try, while Republicans give working minute.) oppose letting families keep more of Americans the back of their hand. Mr. HEFLEY. Mr. Speaker, this week the American people will have the op- what they earn. A constituent of mine, Here is an example of the real mean- portunity to see another important dif- Ronald Reagan, called that ‘‘economics ing of this tax bill. A family with total ference between Democrats and Repub- without a soul.’’ income under $75,000 will get an aver- Families should be rewarded rather licans in Congress. age tax break of about $36 a month. Democrats are for higher taxes, and than penalized by the tax system. On the other hand, for those making Breadwinners shouldn’t have to work last year, they went along with the over $200,000 a year, the average tax Clinton administration and raised harder for the Government than they break will be almost a thousand dollars do for their families. taxes on families, on middle-income a month. workers, on senior citizens. Let us look at a few facts. If the ex- Welcome to tax relief, Republican- emption for children had kept pace Republicans are for lower taxes, and style: another massive relief program with inflation, it would now be worth this week, we will cut the taxes Demo- for the wealthy, a pittance for working $8,000 instead of the current $2,350. In crats raised last year. 1950, the average American family paid Americans, while exploding the deficit. We will cut taxes on families, on $1 out of every $50 in taxes. Today, the Anybody nostalgic for 1981? The last middle-income workers, on senior citi- family pays $1 out of every $4 in taxes. time they tried this, David Stockman, zens. We know that regulation and tax- President Reagan’s budget director, All the Democrats’ class warfare and ation together are antijobs and later admitted that all of this was ‘‘a economic warfare rhetoric cannot antifamily. This Congress has kept its Trojan horse to bring down the top change the facts: They are for higher promise to the American people and rate for the wealthy.’’ taxes; Republicans are for lower taxes. passed commonsense regulatory re- There they go again. Democrats want Government to form. Now it is time to recognize that spend more. Republicans want working f taxation is regulation’s evil twin. We Americans and their families to have need to protect the American dream, more to spend. WE MUST PUT AN END TO OUT-OF- and the American family and pass the Stay tuned, America; the Repub- CONTROL GOVERNMENT AND tax bill. Families know better how to licans are making your voices heard spend their money than the bureau- OUT-OF-CONTROL TAXATION again this week as we pass the final crats in Washington. (Mr. HAYWORTH asked and was item in our contract, a well-deserved tax cut for American families and a f given permission to address the House for 1 minute and to revise and extend boost for the national economy. BURDENSOME TAXATION his remarks.) f (Mr. JONES asked and was given per- Mr. HAYWORTH. Mr. Speaker, let us THE TAX FAIRNESS ACT mission to address the House for 1 resist the temptation of the guardian minute.) of the failed policy of the past to come (Mr. NORWOOD asked and was given Mr. JONES. Mr. Speaker, from 1954 up here and offer faulty rationaliza- permission to address the House for 1 minute.) until 1995, this body was governed by a tions for class warfare. Let us talk real Mr. NORWOOD. Mr. Speaker, over party whose basic philosophy was that facts. And, Mr. Speaker, the facts and over, we hear the Democrats wail- Government could do everything, pro- speak for themselves. vided that enough money was spent. ing that the capital gains tax cut will In 1950 the average American family benefit the rich. Of course, they have The consequences of this philosophy paid 2 percent of its income to the Fed- has been devastating. obscured the facts again. The capital eral Government in taxes. Today, the Today, the average family pays over gains relief in the Tax Fairness Act average American family pays 241⁄2 per- half of its income to taxes at all levels. will go to benefit all income groups. One cannot logically expect civiliza- cent of its income to this Federal Gov- Seventy percent of the taxpayers bene- tion to continue with taxation so bur- ernment. Something is wrong with this fiting from the capital gains cut will densome and Government so expensive. picture. have incomes of less than $50,000. The The American people have lost their For the last generation, this Con- capital gains tax cut will put money patience with this situation. They have gress has operated under the false as- into the economy which will lead to figured out that there are winners and sumption that all money belongs to the more investment and create more jobs. losers with the current tax system. The Federal Government. If a person has This will help all hard-working Ameri- winner, of course, is the Federal Gov- any money, therefore, it is only be- cans. ernment. The losers are American fam- cause he has obtained it from the Gov- Mr. Speaker, this is a debate over the ilies and senior citizens. ernment or it is money that has not role of Government. The Democrats Mr. Speaker, the time has come for yet been taxed. will fight for more government and the tax relief the Republicans promised That is absolutely wrong. With the more spending; we want the people in our Contract With America. The lib- rise in excessive government and exces- back home to keep more of their hard- erals will offer refrain after refrain of sive taxes have come a true decrease in earned money. I want that roofing con- class warfare. But let us not forget freedom. Every dollar Government tractor in Martinez, GA to have a $500 whose philosophy and whose steward- takes away in taxes is a dollar less in tax credit for each of his children. The Democrats want his $500 for Federal ship created this mess in Washington. economic freedom for American busi- bureaucrats. It is just that simple. f nesses and families. f THERE THEY GO AGAIN Last November the American people sent a message to this town. Repub- THE AMERICAN DREAM SAVINGS (Mr. SKAGGS asked and was given licans heard that message. That is why permission to address the House for 1 ACCOUNT there will be meaningful tax reform for minute and to revise and extend his re- (Mr. ENGLISH of Pennsylvania asked deserving American citizens. marks.) and was given permission to address Mr. SKAGGS. Mr. Speaker, today the the House for 1 minute and to revise Democratic Study Group released it and extend his remarks.) April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4043 Mr. ENGLISH of Pennsylvania. Mr. team in women’s basketball history Mr. LINDER. Mr. Speaker, well, Speaker, our low national savings rate has managed to win the national title there was an example of the misleading is a national disgrace and a dead drag undefeated. hyperbole that we have heard for the on the productivity of our economy, For the past 5 months, the Huskies last several weeks on Republican pro- and anyone who is concerned about have defeated their opponents by an grams. this, in my view, should be supporting average margin of more than 30 points. My friend from Hawaii talks about a H.R. 1215, the Republican tax bill. Though yesterday’s game was a nail- bill that passed last week that pro- In it is the American dream savings biter to the end, UConn did not let us tected billionaires and, in fact, the bill account, a unique and innovative new down. Led by player of the year Re- never addressed the issue. It never ad- becca Lobo, Jamelle Elliott, and Jen- use of the IRA concept to stimulate dressed the issue. nifer Rizzotti, the Huskies rallied in new and additional middle-class sav- The Senate put some language in a ings for retirement. The American the second half to overcome a nine bill that would have dealt with punish- dream savings account will be avail- point second half deficit. A strong ing people who leave the United States able to all taxpayers regardless of age team effort, supported by Kara and marital status, unlike the current Wolters, Nykesha Sales, Carla Berube, because of confiscatory taxation. The law in which the IRA has many restric- and Pam Webber, helped UConn pull Senate then receded from their posi- tions and limitations. The American ahead and stay ahead within the final tion, because the language was too dream savings account allows distribu- minutes of the game. loose, and the House Committee on tions to be made tax- and penalty-free Women’s sports have come a long Ways and Means could not draft lan- for such worthwhile purposes as first- way since I played basketball and I was guage. time home purchases, education ex- pleased to be able to watch the extraor- Indeed, in the Committee on Rules in penses, and emergency medical ex- dinary skill and grit of the UConn discussion of this bill, the issue was penses, and it gives homemakers full women on national television yester- raised, and the Democrats dropped the equity with their spouses in setting day. The UConn women’s team has issue and apologized for the misleading aside IRA funds toward retirement. raised Husky-mania to a new level in information they brought us, because This provision helps make home- Connecticut, and has also inspired it was not in the bill. It was not in the makers achieve parity with spouses in thousands of young women to pursue House-passed bill. It was not in the their athletic dreams. the work force. conference committee report. And, in- Once again, congratulations to the Please, support H.R. 1215. deed, not a single Democrat on the UConn Huskies. You have made the en- f tire State of Connecticut proud. Committee on Rules voted against the rule that brought the bill to the floor, TAX RELIEF FOR AMERICA f and now overnight, overnight, they dis- (Mr. SAM JOHNSON of Texas asked TAX BREAKS FOR BILLIONAIRES covered another class-warfare angle and was given permission to address (Mr. ABERCROMBIE asked and was and started misleading America about the House for 1 minute and to revise given permission to address the House what was in the bill. and extend his remarks.) for 1 minute and to revise and extend The bill was to return the exemption Mr. SAM JOHNSON of Texas. Mr. his remarks.) for health care premiums for single Speaker, let us review the Democrats’ Mr. ABERCROMBIE. Mr. Speaker, farmers, for private property owners reign in power. In 1948 the average fam- last week a bill passed on tax deduc- that had nothing to do with what the ily with children paid only 3 cents of tions for health benefits for the self- gentleman from Hawaii spoke about. every dollar to the Government. Last 1 employed. Unfortunately we had a con- year that same family lost 24 ⁄2 cents in tainment; contained within that bill is f taxes. an exemption to allow billionaires to American families now spend more in escape paying their taxes. LISTEN TO THE RHETORIC ON taxes than on food, clothing, and hous- Now, I understand they are going to BOTH SIDES ing combined. The average family give up their citizenship in order to not (Mr. HASTERT asked and was given losses $10,060 per year of income due to pay their taxes. My understanding is permission to address the House for 1 taxes. the present conference report is being Now let us review the Republican minute.) held in the Senate over that language. Mr. HASTERT. Mr. Speaker, as the plan. Clinton’s tax on Social Security I certainly hope that is the case. benefits for seniors will be repealed; House considers the tax cut and spend- In the meantime, having succeeded ing cut bill later this week, I urge the families with incomes of $25,000 will at that, we now find, I understand, that American people to listen to the rhet- have their entire Federal income tax there is a bill circulating in this House oric of the two sides. liability eliminated; 35 million families to give one of these billionaires who re- will have their taxes decreased. nounced his American citizenship, who Republicans believe cutting taxes is a Which looks better to you, Repub- owns a foreign cruise ship, a tax ex- way to give people back their money. lican tax relief or the Democrats’ 40- emption, tax deduction, for business Democrates believe cutting taxes is a year-old failure of high taxes and run- meals and entertainment, and that is way for the Government to give away away spending? contained in the bill. its money. Let us stop feeding the Federal beast. I can assure you, if the gentleman Republicans believe that tax cuts Let us go for tax relief. from Texas [Mr. ARMEY] says, as he spur economic growth and help the f has, that he will fight the minimum American people help themselves. wage with every fiber in his body, I can Democrats believe tax cuts are give- CONGRATULATIONS TO THE UNI- assure this House that I will fight this aways to the rich that hurt their big VERSITY OF CONNECTICUT WOM- billionaire who has renounced his spending programs. EN’S BASKETBALL TEAM American citizenship to have a foreign- Republicans believe that taxes are (Mrs. JOHNSON of Connecticut asked flag, foreign-crewed, foreign-owned evil. and was given permission to address cruise ship that takes money from Democrats believe they are nec- the House for 1 minute and to revise Americans and get a tax break on top essary. and extend her remarks.) of it. Mr. Speaker, make no mistake about You can bet I am going to fight that Mrs. JOHNSON of Connecticut. Mr. it. When the Democrats talk about Speaker, Hooray for the University of with every fiber in my body. taxes, they really believe the money is Connecticut Women’s Basketball f the Government’s to spend. Team, which won the national cham- When Republicans talk about taxes, pionship yesterday. In a come-from-be- ANOTHER CLASS-WARFARE ANGLE hind victory, the Huskies capped a per- (Mr. LINDER asked and was given they realize that the money belongs to fect season, finishing the year with 35 permission to address the House for 1 the people who worked hard to earn it, wins and zero losses. Just one other minute.) not to the Government. H 4044 CONGRESSIONAL RECORD — HOUSE April 3, 1995 1994 ANNUAL REPORT ON ALAS- (c) Subsections (a) and (b) shall take effect State Department. The fund com- KA’S MINERAL RESOURCES— on June 15, 1995. pensates fishermen for vessels and MESSAGE FROM THE PRESIDENT (d) Section 7 of the Fishermen’s Protective catch confiscated by a foreign nation Act of 1967 (22 U.S.C. 1977) is amended— OF THE UNITED STATES (1) in subsection (c)— under claims of jurisdiction not recog- The SPEAKER pro tempore [Mr. (A) by striking the third sentence, and nized by the United States. BARRETT of Nebraska] laid before the (B) by inserting after the first sentence the The amount of money each vessel House the following message from the following: ‘‘Fees may be collected regardless owner pays into the program is based President of the United States; which of whether needed to carry out the purposes on the gross tonnage of the vessel. For of subsection (a).’’; and example, during the history of the pro- was read and, together with the accom- (2) in subsection (e) by striking ‘‘October 1, panying papers, without objection, re- 1993’’ and inserting ‘‘October 1, 1998’’. gram the fees have ranged from $16 to ferred to the Committee on Resources: SEC. 2. CLEARANCE AND ENTRY OF COMMERCIAL $30 per vessel ton with participation ranging from 8 to 30 vessels, depending To the Congress of the United States: FISHING VESSELS. (a) Not later than 15 days after the date of on the year. Disbursements or claims I transmit herewith the 1994 Annual enactment of this Act and at least once each paid out from the fund have averaged Report on Alaska’s Mineral Resources, year thereafter, the Secretary of State shall less than $1 million each year. The as required by section 1011 of the Alas- publish a list of those nations that impose largest claim occurred in 1984 for $5.5 ka National Interest Lands Conserva- fees for transit passage through their waters million for a vessel that had been tion Act (Public Law 96–487; 16 U.S.C. on commercial fishing vessels registered seized and ransacked off the Solomon 3151). This report contains pertinent under the laws of the United States. Islands. public information relating to minerals (b) Not later than 15 days after the publica- tion of the list required under subsection (a), In 1986, a Federal court in the Brenda in Alaska gathered by the U.S. Geo- the Secretary of the Treasury shall withhold Jolene versus United States case de- logical Survey, the U.S. Bureau of from commercial fishing vessels registered cided that fees collected under the act Mines, and other Federal agencies. under the laws of a nation listed under sub- must equal the amount Congress ap- WILLIAM J. CLINTON. section (a) the clearance required by section propriates. Since historically, the THE WHITE HOUSE, April 3, 1995. 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91) for entry into the President has not requested an appro- f navigable waters of the United States west priation, the State Department has ANNOUNCEMENT BY THE SPEAKER of 122 degrees west longitude. been unable to collect additional fees. PRO TEMPORE (c) Subsection (b) shall not apply to a com- While there is approximately $2.9 mil- mercial fishing vessel— lion in the fund, there is a large settle- The SPEAKER pro tempore. Pursu- (1) that enters the navigable waters of the ment case pending from the seizure of ant to the provisions of clause 5 of rule United States pursuant to a bilateral con- four tuna boats off the coast of Costa I, the Chair announces that he will vention governing fishing for Pacific halibut Rica in 1992, and any further claims postpone further proceedings today on or albacore tuna; (2) that enters the navigable waters of the would deplete the assets of the fund. each motion to suspend the rules on United States due to an emergency; or The passage of this legislation is which a recorded vote or the yeas and (3) the master of which obtains clearance sorely needed due to unfair and illegal nays are ordered or on which the vote from the Secretary of the Treasury’s des- actions by the Canadian Government. is objected to under clause 4 of rule ignee by physically appearing before the des- XV. Such rollcall votes, if postponed, ignee at a designated port of entry and pay- Last year, the Canadian Government will be taken after debate is concluded ing a fee equal to the fee charged to a com- charged U.S. fishermen $1,100 each to on all motions to suspend the rules, mercial fishing vessel of the United States access the Inside Passage. The Canadi- but not before 5 p.m. today. by the nation under whose laws the foreign ans stopped the charge, but not before vessel is registered. many U.S. fishermen were subjected to f (d) The owner or master of a vessel which it to the amount of $285,000. We must enters the navigable waters of the United amend the Fishermen’s Protective Act FISHERMEN’S PROTECTIVE ACT States in violation of this section shall be in AMENDMENTS violation of section 307(1)(A) of the Magnu- so these American fishermen can be compensated for the unfair charge. Mr. SAXTON. Mr. Speaker, I move to son Fishery Conservation and Management Act (16 U.S.C. 1857(1)(A)). During this crisis last year, the suspend the rules and pass the bill (H.R. 716) to amend the Fishermen’s SEC. 3. TECHNICAL CORRECTION. former Merchant Marine and Fisheries (a) Section 15(a) of Public Law 103–238 is Committee was quick to act. Similar Protective Act. amended by striking ‘‘April 1, 1995,’’ and in- The Clerk read as follows: legislation was adopted by the commit- serting ‘‘May 1, 1994.’’. tee and passed the House as part of a H.R. 716 (b) The amendment made by subsection (a) shall be effective on and after April 30, 1994. larger bill on October 7, 1994. Be it enacted by the Senate and House of Rep- Mr. Speaker, I urge all of my col- resentatives of the United States of America in The SPEAKER pro tempore. Pursu- leagues to support this legislation and Congress assembled, ant to the rule, the gentleman from thank the chairman of the full com- SECTION 1. AMENDMENT TO THE FISHERMEN’S New Jersey [Mr. SAXTON] will be recog- mittee, DON YOUNG, for introducing PROTECTIVE ACT OF 1967. nized for 20 minutes, and the gen- (a) Section 3(a) of the Fishermen’s Protec- this bill, and the ranking minority tleman from Massachusetts [Mr. tive Act of 1967 (22 U.S.C. 1973(a)) is amended member on the Fisheries, Wildlife and by inserting after ‘‘prompt release of the ves- STUDDS] will be recognized for 20 min- utes. Oceans Subcommittee, GERRY STUDDS, sel and crew,’’ the following: ‘‘or when a fee for his support of this legislation. regarded by the United States as being in- The Chair recognizes the gentleman consistent with international law must be from New Jersey [Mr. SAXTON]. b 1430 paid for a vessel of the United States to tran- Mr. SAXTON. Mr. Chairman, I yield sit the waters of a foreign nation on a voy- myself such time as I may consume. Mr. Speaker, I reserve the balance of age between points in the United States (in- (Mr. SAXTON asked and was given my time. cluding a point in the exclusive economic permission to revise and extend his re- Mr. STUDDS. Mr. Speaker, I yield zone or an area whose jurisdiction is in dis- myself such time as I may consume. pute),’’. marks.) (b)(1) Section 5 of the Fishermen’s Protec- Mr. SAXTON. Mr. Speaker, I rise in (Mr. STUDDS asked and was given tive Act of 1967 (22 U.S.C. 1975) is amended by strong support of H.R. 716, to reauthor- permission to revise and extend his re- inserting after ‘‘seizure;’’ in the title, the ize and improve the Fishermen’s Pro- marks.) following: ‘‘or imposition of a fee regarded tective Act. Originally enacted in 1967, Mr. STUDDS. Mr. Speaker, I rise in by the United States as inconsistent with this law established a system of eco- strong support of H.R. 716. The Fisher- international law’’. nomic safeguards for U.S. fishermen men’s Protective Act of 1967 provides a (2) Section 5(a)(1)(A) of the Fishermen’s against illegal or unjustified seizure by mechanism for assisting U.S. fishermen Protective Act of 1967 (22 U.S.C. 1975(a)) is amended by inserting after ‘‘as a result of a foreign government. One of these by reimbursing them for fines and the seizure of,’’ the following: ‘‘or imposition safeguards is the Fishermen’s Guar- other costs incurred when their vessels of a fee regarded by the United States as in- anty Fund—which is a voluntary self- are seized by a foreign nation, in viola- consistent with international law on’’. insurance program administered by the tion of international law. April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4045 H.R. 716 reauthorizes this important charged $1,100 each by the Canadian ridiculous that in 1994, Canada no act for an additional 2 years. The legis- Government to sail through the Inside longer believes in this principle. But lation also amends the statute to reim- Passage. While we were successful in with the salmon treaty differences still burse our fishermen for transit fees convincing the Canadians to stop col- not resolved, the prospect of this hap- considered by our Government to be in- lecting these illegal transit fees, the pening again this spring is very real. consistent with international law, and Fishermen’s Protective Act [FPA] The provisions of H.R. 716 will allow to assess a similar fee on vessels from must be amended to allow these Ameri- for the repayment of these fees to the the offending nation. These amend- cans to be compensated for their finan- fishermen involved, and provide the fi- ments are intended to address what cial loss. nancial protections required to make was, in my opinion, an illegal move by My bill would reauthorize the FPA the transit this year, should the Cana- Canada last year to charge U.S. vessels for the next 3 years; allow money to be dians impose this fee again. Mr. Speak- transiting Canadian waters en route to deposited in the Fishermen’s Guaranty er, it is my hope that the United States Alaska. While that fee was finally lift- Fund, regardless of whether Congress and Canada can reach agreement on a ed, many fishermen were forced to pay appropriates any money; expand the new Pacific Salmon Treaty before the and deserve reimbursement. compensation provision to cover those start of this year’s salmon season. If While I support these amendments, I Americans who paid the illegal fee as- we should not, then the Congress must want to be very clear that this legisla- sessed by the Canadians; and prohibit provide this method so the fishermen tive action should not be interpreted port entry to the vessels of any nation by the Canadian Government as a sign that assesses illegal fees on our vessels can establish the program contained in that we are willing to accept—or for- in the future. H.R. 716. get—this outrageous action taken Furthermore, we are making it clear Mr. Speaker, I urge all of my col- against our fishermen purportedly in that we will fully protect the rights of leagues to support our fishermen by the name of conservation. The Cana- U.S. fishermen. We will not allow Can- supporting H.R. 716. dian-Spanish shootout in the North- ada, or any nation, to violate inter- Mr. STUDDS. Mr. Speaker, I am as west Atlantic last month, combined national maritime law or fishing trea- surprised as the gentleman from New with last year’s illegal transit fees, ties without a swift response. Jersey [Mr. SAXTON] to learn that there demonstrates a worrisome trend to- I fully expect the United States State will be a recorded vote on this meas- ward the use of unilateral actions to Department to vigorously seek reim- ure. resolve international fisheries disputes bursement of these fees from the Cana- Mr. Speaker, I have no requests for on the high seas. Some of these actions dians and not to simply make some time, and I yield back the balance of are based on a conservation concern, weak or half-hearted effort because it my time. others—such as the transit fees—are may be inconvenient to our relation- Mr. SAXON. Mr. Speaker, I yield my- simply taken out of frustration over ship with Canada. They broke the law self such time as I may consume. the slow pace of negotiations. and I want the more than $285,000 the Mr. Speaker, I would just conclude Regardless of the reason, unilateral Canadians collected paid back to our by saying that on most issues, almost actions such as these are not the an- fishermen. every issue with which we deal having swer. Instead, the Canadians, and all Mr. Speaker, I urge an ‘‘aye’’ vote on to do with fishing and fisheries is com- coastal nations, should seek to address H.R. 716 and thank JIM SAXTON and plicated, contentious, confusing, con- these problems multilaterally through GERRY STUDDS for their bipartisan sub- founding, and many other words that international agreements. The drastic, committee support in joining with me we could express that would indicate unilateral actions of one country can- in this important legislative effort. anything less than simple. This is one not protect and restore our marine re- Mr. SAXTON. Mr. Speaker, I yield of the more simple issues that we deal sources. All countries with a stake in such time as he may consume to the with, but one that is very timely and the fishery must participate if we are gentleman from Washington [Mr. one that is much needed. to be successful, and they must be will- METCALF]. Mr. Speaker, I have no further re- ing to agree to multilateral enforce- Mr. METCALF. I thank the gen- quest for time, and I yield back the ment mechanisms to ensure that the tleman for yielding this time to me. balance of my time. terms of such agreements are not vio- Mr. Speaker, I rise today in strong The SPEAKER pro tempore (Mr. lated. support of H.R. 716, the Fishermen’s BARRETT of Nebraska). The question is This Congress has passed several Protective Act. While this is an impor- on the motion offered by the gen- pieces of legislation in the past few tant piece of legislation to fishermen weeks that will strengthen the U.S. re- across the country, the provisions of tleman from New Jersey [Mr. SAXTON] solve toward multilateral, cooperative H.R. 716 are particularly vital to the that the House suspend the rules and management, and we will continue to salmon fishermen in the State of Wash- pass the bill, H.R. 716. encourage these efforts. In the mean- ington. The United States and Canada The question was taken. time, this bill will protect U.S fisher- have been engaged in negotiations, al- Mr. SAXTON. Mr. Speaker, on that I men from those countries that choose most unending negotiations, since the demand the yeas and nays. to take matters into their own hands, Pacific Salmon Treaty was negotiated. The yeas and nays were ordered. and I urge Members to support it. Last summer, fishermen from my dis- The SPEAKER pro tempore. Pursu- Mr. Speaker, I reserve the balance of trict in Washington State left for the ant to the provisions of clause 5, rule I, my time. annual trip north to fish in Alaskan and the Chair’s prior announcement, Mr. SAXTON. Mr. Speaker, I yield waters. This 500 mile journey is usually further proceedings on this motion will such time as he may consume to the a pleasant passage, I have made the be postponed. OUNG]. gentleman from Alaska [Mr. Y round trip 3 times, incredibly scenic, f (Mr. YOUNG of Alaska asked and was mostly through calm, inside passage given permission to revise and extend channels and bays. But in 1994, our GENERAL LEAVE his remarks.) fishermen were stopped by the Cana- Mr. YOUNG of Alaska. I thank the dian Government, and forced to pay an Mr. SAXTON. Mr. Speaker, I ask gentleman for yielding this time to me. illegal transit fee of approximately unanimous consent that all Members Mr. Speaker, as the author of H.R. $1,100 per vessel, just for passing may have 5 legislative days within 716, I rise in strong support of this through Canadian waters. The U.S. which to revise and extend their re- measure to reauthorize and improve fishermen had to pay the fee, or make marks, and submit extraneous material the Fishermen’s Protective Act of 1967. the transit in the rough, open waters of in the RECORD, on the bill, H.R. 716. Mr. Speaker, one of the major moti- the Pacific Ocean. The SPEAKER pro tempore. Is there vations for this legislation was an inci- Mr. Speaker, for 500 years, the Brit- objection to the request of the gen- dent that occurred last year when 258 ish have supported freedom of the seas tleman from New Jersey? United States fishermen were unfairly and open waterways for trade. It seems There was no objection. H 4046 CONGRESSIONAL RECORD — HOUSE April 3, 1995 SENSE OF THE HOUSE REGARDING to gain and much to lose by continuing national reputation of Iraq. It would be AMERICAN CITIZENS HELD IN to hold these two men. an adverse thing to hold them.’’ IRAQ For 21 days now David Daliberti and Lest anyone has any doubt as to the Mr. GILMAN. Mr. Speaker, I move to William Barloon have languished be- innocence of Daliberti and Barloon, let suspend the rules and agree to the reso- hind bars in an Iraqi prison for what me assure you that every fact in this lution (H. Res. 120) expressing the sense Iraqi authorities allege was an illegal case indicates they were nothing more of the House of Representatives regard- crossing of their border. On March 13, than what they claim to be—innocent ing the American citizens held in Iraq, on their way to visit a friend at a U.N. victims who made a wrong turn. But it as amended. post along the Kuwait-Iraq border, the was not even a wrong turn due to their The Clerk read as follows: two men strayed into an area they say own error. As the two men were headed contained U.N. markings, but which H. RES. 120 to the U.N. compound to visit a friend, the Iraqis claim was on their soil. On Whereas on Saturday, March 25, 1995, an the United Nations Iraq-Kuwait ob- Iraqi court sentenced 2 Americans, William March 25, after what was reportedly a server mission positioned along the Barloon and David Daliberti, to 8 years im- quick trial in which the only represen- border misdirected them, as even they tation the Americans had was an attor- prisonment for allegedly entering Iraq with- admit. What happened next, according ney appointed by the Iraqi Govern- out permission; to Daliberti and Barloon, is that they Whereas the 2 men were tried, convicted, ment, the two men were sentenced to 8 found themselves driving past two un- and sentenced in what was reported to be a years in prison—8 years in prison for very brief period during that day with no taking a wrong turn. manned Kuwaiti checkpoints into an other Americans present and with their only My colleagues, their trial and harsh area posted with U.N. markings. It was legal counsel having been appointed by the at this point they were apprehended by Government of Iraq; sentence are wrong. David Daliberti and William Barloon are innocent the Iraqis and whisked away. Whereas the Department of State has stat- Iraqi suggestions that these men ed that the 2 Americans have committed no United States citizens who were taken offense justifying imprisonment and has de- against their will and now are being were in any way spies or saboteurs are manded that they be released immediately; held in an Iraqi prison living off a weak ludicrous. At the trial of the men in and diet of rice. Iraq’s actions are indefen- Baghdad, even their Iraqi-appointed at- Whereas this harsh sentence is unjustified sible on any grounds, but especially so torney said they were carrying no and further distances Iraq from the inter- in this case since the facts show so weapons, no maps, no cameras, no com- national community: Now, therefore, be it passes—nothing, in other words, that Resolved, That the House of Representa- clearly that the men are completely in- tives— nocent. We must go on record con- could indicate these men were any- (1) strongly condemns the unjustified ac- demning this injustice and calling on thing other than victims of an unfortu- tions taken by the Government of Iraq the White House to take every conceiv- nate mistake. And according to the against American citizens William Barloon able measure to secure the release of Polish diplomat who attended the trial and David Daliberti and demands their im- these men. as a representative of the United mediate release from prison and safe exit To bring my colleagues up to date on States, even the judge in the case from Iraq; and this case, the latest news out of Iraq seemed sympathetic to the plight of (2) urges the President to take all appro- gives us hope that these Americans can priate action to assure their prompt release Daliberti and Barloon. But Iraqi law on and safe exit from Iraq. expect an early release. The news is such matters is ironclad and says any contradictory and confusing. On Satur- crossing whatsoever of their border The SPEAKER pro tempore. Pursu- day, a representative from the Iraqi ant to the rule, the gentleman from must be punished, in this case with an Parliament’s foreign-relations depart- 8-year sentence. New York [Mr. GILMAN] will be recog- ment hinted that the two men could be nized for 20 minutes, and the gen- As it stands now, Daliberti and released in the coming few days—an Barloon have begun to appeal their tleman from Indiana [Mr. HAMILTON] encouraging sign. But yesterday the sentence with the assistance of an Iraqi will be recognized for 20 minutes. Iraqi Defense Ministry’s newspaper The Chair recognizes the gentleman lawyer—the same lawyer who has said the Americans are no different helped other Westerners appeal their from New York [Mr. GILMAN]. from Mexicans trying to enter the Mr. GILMAN. Mr. Speaker, I yield sentences for crossing Iraq’s border. United States illegally, an absurd Unfortunately, that lawyer has never such time as he may consume to the charge that makes us wonder what the principal sponsor of this measure, the successfully overturned the verdict in Iraqis are up to. But yesterday also saw such a case, which has led some to sug- distinguished gentleman from Florida Iraq extend to 1 month from the usual gest that only a pardon from Saddam [Mr. STEARNS]. 2 weeks the amount of time the two Hussein himself can effect their re- Mr. STEARNS. I thank the gen- men have to appeal their sentence, lease. tleman for yielding this time to me. which Iraqi law experts interpret as a My colleagues, the families of Mr. Speaker, let me begin by thank- positive sign. Daliberti and Barloon need to know ing Senator HARKIN, who sponsored a These crossed signals do nothing to similar resolution in the Senate last help Iraq’s position and only torment that we are with them, that we support week, as well as the chairman of the the families of Daliberti and Barloon, them during this trying time. It is the International Relations Committee, who simply want to see their loved least we can do to stand up and con- my good friend and distinguished col- ones returned to them as soon a pos- demn Iraq for this outrageous action league from New York, BEN GILMAN; I sible. Surely Iraq knows that holding and demand that these two citizens be want to thank his committee staff, and these men serves no purpose whatso- released immediately. I know that the majority leader’s office for their ever. Just last week the head of the Kathy Daliberti, with whom I have spo- very prompt attention to this matter. Iraqi Parliament admitted as much ken, is on an emotional roller-coaster Mr. Speaker, the resolution we are when he said, and I quote, ‘‘We don’t ride as she follows this situation. Let considering today is important to let think that we are going to facilitate us let her know that her Government is the world know that the United States the question of the sanctions through doing everything within its power to House of Representatives unequivo- detaining these two Americans.’’ secure the prompt release of her hus- cally expresses disapproval for the na- While continuing to hold these men band and to bring him safely home. tion of Iraq for wrongfully imprisoning does nothing to benefit Iraq, releasing Those of you who have been following two American citizens, David Daliberti them would. Iraq is already alienated this story know that Kathy Daliberti and William Barloon. The resolution from the community of civilized na- has even set up a home page on the urges the immediate release of these tions. Releasing Daliberti and Barloon Internet so people from around the two Americans and calls on the Presi- can only improve their standing in the country can express their support. I en- dent to take all appropriate actions to eyes of the world. Let me repeat as courage my colleagues to send her a secure their safe exit from Iraq. More- Secretary of State Warren Christopher message letting her know that she is over, the resolution makes perfectly said yesterday, releasing these men not alone, that her Government does clear that Iraq has absolutely nothing ‘‘would be a good thing for the inter- care. April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4047 When I met with officials from the tion’s hands in those efforts. The reso- Mr. Speaker, this Member urges State Department last Friday they as- lution shows the clear unity of purpose adoption of House Resolution 120. sured me that everything is being done between the President and the Con- Mr. GILMAN. Mr. Speaker, I yield 1 that can be done to secure the release gress in demanding the immediate re- minute4 to the gentleman from Iowa of these two men. As you know, we lease from prison of these two Ameri- [Mr. NUSSLE]. have no diplomatic relations with Iraq. cans and their safe exit from Iraq. (Mr. NUSSLE asked and was given But Polish diplomats, who have an Em- Mr. Speaker, I urge my colleagues to permission to revise and extend his re- bassy in Iraq, are working tirelessly on support the resolution. marks.) behalf of the United States in this mat- Mr. Speaker, I reserve the balance of Mr. NUSSLE. Mr. Speaker, I rise in ter. We were all encouraged last week my time. support of House Resolution 120—a res- when the head of the Polish Embassy Mr. GILMAN. Mr. Speaker, I yield 3 olution regarding the American citi- visited with Daliberti and Barloon and minutes to the gentleman from Ne- zens held in Iraq. I commend the gen- said they appeared to be in good braska [Mr. BEREUTER], a senior mem- tleman from Florida [Mr. STEARNS] and health. ber of our Committee on International the gentleman from New York [Mr. In the meantime, we as the elected Relations. GILMAN] for their leadership on this Representatives of the American peo- Mr. BEREUTER. Mr. Speaker, this issue. ple need to unite and speak with one Member rises in the strongest possible voice in condemnation of Iraq. We need support for House Resolution 120, legis- It is a tragedy that William Barloon, to express our sympathy and support lation condemning the recent out- of New Hampton, IA, and another for the families of Daliberti and rageous behavior of Iraq in seizing and American, David Daliberti, who mis- Barloon. And we need to urge the ad- incarcerating two American citizens. takenly strayed across Kuwait’s border ministration to do everything within It has been over 4 years since the end and into Iraq, have received the ex- its power to bring these men safely of the Persian Gulf conflict, but Sad- tremely harsh sentence of 8 years in home. dam Hussein and his band of thugs con- prison. I am encouraged by recent I know all of my colleagues will sup- tinue to flaunt basic international statements by Iraqi officials that the port House Resolution 120 as an expres- norms, seemingly at every oppor- two men could be released in the near sion of our commitment to the safety tunity. For example, Saddam Hussein future, and I urge President Clinton of all of our citizens, whether at home continues to let his people starve be- and Secretary of State Christopher to or abroad. cause he refuses to pump oil and pro- continue their work to secure the re- b 1445 vide the proceeds into international lease and safe return from Iraq of Mr. humanitarian organizations. People Barloon and Mr. Daliberti. Mr. HAMILTON. Mr. Speaker, I yield are starving, the economy is in a sham- Mr. Speaker, I support these two myself such time as I may consume. bles, but Saddam’s military remains Americans, and I stand with their fam- (Mr. HAMILTON asked and was given intact. Iraq has waged a vicious war ilies and all Americans when I urge for permission to revise and extend his re- against the Marsh Arabs in the south, marks.) their safe, speedy return and pray for and with the Kurds in the north. Iraq Mr. HAMILTON. Mr. Speaker, I rise that to happen as soon as possible. has waged a clever campaign to lift the in support of this resolution, as amend- Mr. GILMAN. Mr. Speaker, I yield sanctions that the United Nations im- ed. I want to extend my appreciation myself such time as I may consume. and accommodation to the chairman of posed, but it continues in every way to (Mr. GILMAN asked and was given the committee, the gentleman from behave as an outlaw. permission to revise and extend his re- The most recent outrage is the sei- New York [Mr. GILMAN], and, likewise, marks.) to the gentleman from Florida [Mr. zure of William Barloon and David Mr. GILMAN. Mr. Speaker, I am Daliberti, two civilian Americans who STEARNS], my colleague, for bringing pleased to rise in strong support of the this resolution to the floor of the were seized as they went to visit a resolution before us, House Resolution House. friend at a U.N. compound just south of 120, introduced by our colleague, the Mr. Speaker, on March 13 two Ameri- the Iraq-Kuwait border. Lost and hav- gentleman from Florida [Mr. STEARNS], cans, William Barloon and David ing strayed across the border, Iraqi expressing the sense of Congress con- Daliberti, as has been described, acci- military forces seized these two Ameri- demning the outrageous actions taken dentally crossed the Iraqi-Kuwaiti bor- cans, charged them with sabotage, and by Saddam Hussein’s rogue regime in der while on their way to visit a U.N. sentenced them to 8 years in prison in sentencing two American citizens, Wil- compound in Kuwait. Mr. Barloon and what was patently a kangaroo court. liam Barloon and David Daliberti, to Mr. Daliberti were detained by Iraqi Mr. Speaker, civilized societies do lengthy prison terms for having inad- not behave in this manner. Responsible authorities, imprisoned, convicted, and vertently crossed the Kuwaiti border governments do not impose trumped up sentenced on March 25 to 8 years in into Iraq. charges against innocent civilians in prison for illegally entering Iraq. The These two Americans were denied ac- an effort to achieve foreign policy ob- treatment of these two Americans is an cess to due process, with their legal jectives. outrageous abuse by the Government counsel having been appointed by the This Member must note that, if the of Iraq. These Americans were denied Iraqi regime. It is only through the any semblance of due process. Mr. Government of Iraq hopes to enhance its international image, this is not the good offices of the Polish Embassy, Barloon and Mr. Daliberti were sen- which represents United States inter- tenced after only a little over 1 hour of way to accomplish this goal. The whol- est in Iraq, that the two men have re- deliberation. They were denied ade- ly unwarranted imprisonment of Wil- ceived any sympathetic assistance or quate counsel. They were represented liam Barloon and David Daliberti only counsel. by an Iraqi-appointed legal counsel, serve to reinforce the consensus that and no other Americans were present. Iraq is not ready to behave responsibly. Saddam Hussein’s regime has been The International Red Cross was de- In the face of this outrage, this body apprised repeatedly of the mishap in nied access to them. needs to speak in a clear and unequivo- which the two men inadvertently It is apparent that the Government cal voice and urge the immediate re- crossed the border in a white van pre- of Iraq is manipulating these two lease of Mr. Barloon and Mr. Daliberti. sumably a U.N. vehicle, but this honest Americans to force the United States This Member commends the distin- error has been dismissed in favor of a to change its policy toward Iraq. We guished gentleman from Florida [Mr. purposeful miscarriage of justice. should send a very clear message to the STERNS] for bringing House Resolution In the best tradition of Congress, Mr. Government of Iraq that this time of 120 before this body, and the distin- STEARNS has introduced this measure blackmail simply will not work. The guished gentleman from New York, the on behalf of his constituent, David administration is working hard, I be- chairman of the International Rela- Daliberti. House Resolution 120 con- lieve, to secure the release of these two tions Committee [Mr. GILMAN], for his demns the Government of Iraq for its Americans, and I believe that this reso- cooperation in bringing this resolution punitive actions against these two lution will strengthen the administra- to the floor. men, and urges the President to take H 4048 CONGRESSIONAL RECORD — HOUSE April 3, 1995 all appropriate action to secure their that the United Nations was in error in allow- TITLE I—ESTABLISHMENT AND prompt release and safe exit from Iraq. ing them to proceed. ORGANIZATION OF AUTHORITY This incident, which has captured In virtually any other nation, these individ- Sec. 101. District of Columbia Financial Re- worldwide headlines, is yet another ex- uals would have been allowed to go on their sponsibility and Management ample of the unyielding position as- way after a cursory evaluation of the situation Assistance Authority. Sec. 102. Executive director and staff of Au- sumed by Saddam Hussein which com- by the local authorities. thority. pels the international community to It is plainly apparent, however, that Saddam Sec. 103. Powers of Authority. maintain sanctions against Iraq. Such Hussein is attempting to use this inadvertent Sec. 104. Exemption from liability for activity by the Iraqi Government fur- entry in an effort to exert pressure on the Unit- claims. ther distances it from the community ed States to lift current U.N. sanctions against Sec. 105. Treatment of actions arising from of civilized nations. Iraq. This strategy is misguided. Iraq would do act. Mr. Speaker, I commend Representa- better to divorce the sanctions matters from Sec. 106. Funding for operation of Author- ity. tive STEARNS’ commitment to his con- the case of the two Americans, because ef- Sec. 107. Suspension of activities. stituents through the introduction and forts to connect the two situations will only Sec. 108. Application of laws of District of consideration of House Resolution 120. lead the American people to conclude that the Columbia to Authority. We all hope that a swift resolution of Iraqi leadership is attempting to manipulate TITLE II—RESPONSIBILITIES OF this international incident will soon our Nation and will encourage further resolve AUTHORITY free Mr. Daliberti and Mr. Barloon. Ac- against any normalization of our relations. Subtitle A—Establishment and Enforcement cordingly, I urge my colleagues to Mr. Speaker, the prompt resolution of this of Financial Plan and Budget for District adopt this resolution. strictly non-political matter is in Iraq's best in- Government Ms. BROWN of Florida. Mr. Speaker, it sad- terest. I urge all of my colleagues to support Sec. 201. Development of financial plan and dens and angers me that Jacksonville resi- this measure and hope that Saddam Hussein budget for District of Columbia. dent, Mr. David Daliberti, and another Amer- and other parties interested in a safe and sta- Sec. 202. Process for submission and ap- ican, Mr. Bill Barloon, have been detained in ble Middle East will take heed of the strong proval of financial plan and an- Iraq. sentiments of the American people in this re- nual District budget. gard. Sec. 203. Review of activities of District gov- All indications are that the incident was a re- ernment to ensure compliance sult of innocent mistakes. Mr. Daliberti, without Mr. GILMAN. Mr. Speaker, I yield with approved financial plan hesitation, authorized the release of informa- back the balance of my time. and budget. tion about his case. The United Nations Iraq Mr. HAMILTON. Mr. Speaker, I, too, Sec. 204. Restrictions on borrowing by Dis- Kuwait Observer Mission [UNIKOM] has ad- yield back the balance of my time. trict during control year. mitted that the Americans' crossing into Iraq The SPEAKER pro tempore (Mr. ‘‘Sec. 601. Transitional provision for was their error. During the recent trial, Mr. BARRETT of Nebraska). The question is short-term advances. on the motion offered by the gen- ‘‘Sec. 602. Short-term advances for sea- Daliberti and Mr. Barloon had a court ap- sonal cash-flow management. tleman from New York [Mr. GILMAN] pointed attorney who argued on their behalf ‘‘Sec. 603. Security for advances. but the judge found them in violation of an that the House suspend the rules and ‘‘Sec. 604. Reimbursement to the Treas- Iraqi residency law and sentenced them to 8 agree to the resolution (H. Res. 120), as ury. years in prison. I am outraged by the impris- amended. ‘‘Sec. 605. Definitions. onment of innocent Americans and join with The question was taken. Sec. 205. Deposit of annual Federal payment my colleagues in condemning this action. Sad- Mr. STEARNS. Mr. Speaker, on that with Authority. I demand the yeas and nays. Sec. 206. Effect of finding of non-compliance dam Hussein should immediately pardon and with financial plan and budget. release these two Americans. The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- Sec. 207. Recommendations on financial sta- I have urged President Clinton to use all bility and management respon- necessary measures to bring this situation to ant to clause 5, rule I, and the Chair’s sibility. a swift, negotiated and peaceful conclusion. I prior announcement, further proceed- Sec. 208. Special rules for fiscal year 1996. am continuing to monitor this international situ- ings on this motion will be postponed. Sec. 209. Control periods described. ation through daily contact with White House f Subtitle B—Issuance of Bonds advisors and with the State Department. I am Sec. 211. Authority to issue bonds. hopeful that the Americans will soon be re- b 1500 Sec. 212. Pledge of security interest in reve- turned to their awaiting friends and family. nues of district government. Currently, the Clinton administration is work- DISTRICT OF COLUMBIA FINAN- Sec. 213. Establishment of debt service re- serve fund. ing with Polish authorities who are our protect- CIAL RESPONSIBILITY AND MAN- Sec. 214. Other requirements for issuance of ing power in Baghdad and through other diplo- AGEMENT ASSISTANCE ACT OF bonds. matic channels to obtain the release of these 1995 Sec. 215. No full faith and credit of the Unit- Americans. I strongly support the President's Mr. CLINGER. Mr. Speaker, I move ed States. efforts to resolve this grave obstruction of jus- to suspend the rules and pass the bill Subtitle C—Other Duties of Authority tice and believe that these Americans should (H.R. 1345) to eliminate budget deficits Sec. 221. Duties of Authority during year be released by Iraq immediately. and management inefficiencies in the other than control year. I pledge to do all that I can to work with the government of the District of Columbia Sec. 222. General assistance in achieving fi- administration to resolve this situation quickly through the establishment of the Dis- nancial stability and manage- ment efficiency. and peacefully. trict of Columbia Financial Respon- In closing, I wish to express my concern Sec. 223. Obtaining reports. sibility and Management Assistance Sec. 224. Reports and comments. and very strong support for Mr. Daliberti's Authority, and for other purposes, as TITLE III—MISCELLANEOUS PROVISIONS wife, other relatives, and friends. amended. Sec. 301. Other District budget reforms. Mrs. FOWLER. Mr. Speaker, I rise today to The Clerk read as follows: express my strong support for House Resolu- Sec. 302. Establishment of Chief Financial H.R. 1345 Officer of District of Columbia. tion 120, a resolution that our colleague CLIFF Sec. 303. Revisions to powers and duties of Be it enacted by the Senate and House of Rep- STEARNS has introduced on behalf of two Inspector General of District of resentatives of the United States of America in Americans who are currently being detained in Columbia. Congress assembled, Iraq. Sec. 304. Council approval of certain con- David Daliberti of Jacksonville, FL, and Wil- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tracts. liam Barloon of New Hampton, IA, were taken (a) SHORT TITLE.—This Act may be cited as Sec. 305. Definitions. into custody, tried, convicted, and sentenced the ‘‘District of Columbia Financial Respon- SEC. 2. FINDINGS; PURPOSE. to 8 years in prison by Iraqi authorities be- sibility and Management Assistance Act of (a) FINDINGS.—Congress finds the follow- 1995’’. cause they took a wrong turn at an unmarked ing: (b) TABLE OF CONTENTS.—The table of con- (1) A combination of accumulated operat- intersection, were erroneously allowed to pro- tents of this Act is as follows: ing deficits, cash shortages, management in- ceed by U.N. troops, and inadvertently found efficiencies, and deficit spending in the cur- themselves in territory controlled by Iraqi Sec. 1. Short title; table of contents. rent fiscal year have created a fiscal emer- forces. United Nations officials have conceded Sec. 2. Findings; purpose. gency in the District of Columbia. April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4049

(2) As a result of its current financial prob- (8) To provide for the review of the finan- (c) QUALIFICATIONS FOR MEMBERSHIP.—An lems and management inefficiencies, the cial impact of activities of the District gov- individual meets the qualifications for mem- District of Columbia government fails to ernment before such activities are imple- bership on the Authority if the individual— provide its citizens with effective and effi- mented or submitted for Congressional re- (1) has knowledge and expertise in finance, cient services in areas such as education, view. management, and the organization or oper- health care, crime prevention, trash collec- (c) RULES OF CONSTRUCTION.—Nothing in ation of business or government; tion, drug abuse treatment and prevention, this Act may be construed— (2) does not provide goods or services to human services delivery, and the supervision (1) to relieve any obligations existing as of the District government (and is not the and training of government personnel. the date of the enactment of this Act of the spouse, parent, child, or sibling of an individ- (3) The current financial and management District government to repay any individual ual who provides goods and services to the problems of the District government have al- or entity from whom the District has bor- District government); ready adversely affected the long-term eco- rowed funds, whether through the issuance of (3) is not an officer or employee of the Dis- nomic health of the District of Columbia by bonds or otherwise; or trict government; and causing the migration of residents and busi- (2) to limit the authority of Congress to ex- (4) during the most recent taxable year ness out of the District of Columbia and the ercise ultimate legislative authority over prior to appointment, paid personal income failure of new residents and businesses to the District of Columbia pursuant to Article move to the District of Columbia. or business taxes to the District government. I, section 8, clause 17 of the Constitution of (d) NO COMPENSATION FOR SERVICE.—Mem- (4) The fiscal and management problems in the United States. the District of Columbia government are per- bers of the Authority shall serve without pay, but may receive reimbursement for any vasive across all segments of the govern- TITLE I—ESTABLISHMENT AND reasonable and necessary expenses incurred ment. ORGANIZATION OF AUTHORITY (5) A comprehensive approach to fiscal, by reason of service on the Authority. management, and structural problems must SEC. 101. DISTRICT OF COLUMBIA FINANCIAL RE- (e) ADOPTION OF BY-LAWS FOR CONDUCTING be undertaken which exempts no part of the SPONSIBILITY AND MANAGEMENT BUSINESS OF AUTHORITY.— District government and which preserves ASSISTANCE AUTHORITY. (1) IN GENERAL.—As soon as practicable home rule for the citizens of the District of (a) ESTABLISHMENT.—Pursuant to Article I, after the appointment of its members, the Columbia. section 8, clause 17 of the Constitution of the Authority shall adopt by-laws, rules, and (6) The current deficit of the District of Co- United States, there is hereby established procedures governing its activities under lumbia must be resolved over a multi-year the District of Columbia Financial Respon- this Act, including procedures for hiring ex- period, since it cannot be effectively ad- sibility and Management Assistance Author- perts and consultants. Such by-laws, rules, dressed in a single year. ity, consisting of members appointed by the and procedures shall be public documents, (7) The ability of the District government President in accordance with subsection (b). and shall be submitted by the Authority to obtain funds from capital markets in the Subject to the conditions described in sec- upon adoption to the Mayor, the Council, the future will be severely diminished without tion 108 and except as otherwise provided in President, and Congress. Congressional action to restore its financial this Act, the Authority is established as an (2) CERTAIN ACTIVITIES REQUIRING APPROVAL stability. entity within the government of the District OF MAJORITY OF MEMBERS.—Under the by- (8) The failure to improve the financial sit- of Columbia, and is not established as a de- laws adopted pursuant to paragraph (1), the uation of the District government will ad- partment, agency, establishment, or instru- Authority may conduct its operations under versely affect the long-term economic health mentality of the United States Government. such procedures as it considers appropriate, of the entire National Capital region. (b) MEMBERSHIP.— except that an affirmative vote of a majority (9) The efficient operation of the Federal (1) IN GENERAL.—The Authority shall con- of the members the Authority shall be re- Government may be adversely affected by sist of 5 members appointed by the President quired in order for the Authority to— the current problems of the District of Co- who meet the qualifications described in sub- (A) approve or disapprove a financial plan lumbia not only through the services the section (c), except that the Authority may and budget under subtitle A of title II; District government provides directly to the take any action under this Act (or any (B) implement recommendations on finan- Federal Government but through services amendments made by this Act) at any time cial stability and management responsibility provided indirectly such as street and traffic after the President has appointed 3 of its under section 207; flow maintenance, public safety, and services members. (C) give consent to the appointment of the affecting tourism. (2) CONSULTATION WITH CONGRESS.—The Chief Financial Officer of the District of Co- (b) PURPOSE.—The purposes of this Act are President shall appoint the members of the lumbia under section 424 of the District of as follows: Authority after consulting with the Chair of (1) To eliminate budget deficits and cash Columbia Self-Government and Govern- the Committee on Appropriations and the mental Reorganization Act (as added by sec- shortages of the District of Columbia Chair of the Committee on Government Re- through visionary financial planning, sound tion 302); and form and Oversight of the House of Rep- budgeting, accurate revenue forecasts, and (D) give consent to the appointment of the resentatives, the Chair of the Committee on careful spending. Inspector General of the District of Colum- Appropriations and the Chair of the Commit- (2) To ensure the most efficient and effec- bia under section 208(a) of the District of Co- tee on Governmental Affairs of the Senate, tive delivery of services, including public lumbia Procurement Practices Act of 1985 (as and the Delegate to the House of Representa- safety services, by the District government amended by section 303(a)). during a period of fiscal emergency. tives from the District of Columbia. (3) ADOPTION OF RULES AND REGULATIONS OF (3) To conduct necessary investigations (3) CHAIR.—The President shall designate DISTRICT OF COLUMBIA.—The Authority may and studies to determine the fiscal status one of the members of the Authority as the incorporate in its by-laws, rules, and proce- and operational efficiency of the District Chair of the Authority. dures under this subsection such rules and government. (4) SENSE OF CONGRESS REGARDING DEADLINE regulations of the District government as it (4) To assist the District government in— FOR APPOINTMENT.—It is the sense of Con- considers appropriate to enable it to carry (A) restructuring its organization and gress that the President should appoint the out its activities under this Act with the workforce to ensure that the residents of the members of the Authority as soon as prac- greatest degree of independence practicable. District of Columbia are served by a local ticable after the date of the enactment of government that is efficient and effective; this Act, but in no event later than 25 days SEC. 102. EXECUTIVE DIRECTOR AND STAFF OF AUTHORITY. (B) achieving an appropriate relationship after the date of the enactment of this Act. (a) EXECUTIVE DIRECTOR.—The Authority with the Federal Government; (5) TERM OF SERVICE.— (C) ensuring the appropriate and efficient (A) IN GENERAL.—Except as provided in shall have an Executive Director who shall delivery of services; and subparagraph (B), each member of the Au- be appointed by the Chair with the consent (D) modernizing its budget, accounting, thority shall be appointed for a term of 3 of the Authority. The Executive Director personnel, procurement, information tech- years. shall be paid at a rate determined by the Au- nology, and management systems to ensure (B) APPOINTMENT FOR TERM FOLLOWING INI- thority, except that such rate may not ex- the maximum financial and performance ac- TIAL TERM.—As designated by the President ceed the rate of basic pay payable for level countability of the District government and at the time of appointment for the term im- IV of the Executive Schedule. its officers and employees. mediately following the initial term, of the (b) STAFF.—With the approval of the Chair, (5) To enhance the District government’s members appointed for the term imme- the Executive Director may appoint and fix access to the capital markets and to ensure diately following the initial term— the pay of additional personnel as the Execu- the continued orderly payment of its debt (i) 1 member shall be appointed for a term tive Director considers appropriate, except service obligations. of 1 year; that no individual appointed by the Execu- (6) To ensure the long-term financial, fis- (ii) 2 members shall be appointed for a tive Director may be paid at a rate greater cal, and economic vitality and operational term of 2 years; and than the rate of pay for the Executive Direc- efficiency of the District of Columbia. (iii) 2 members shall be appointed for a tor. (7) To examine the programmatic and term of 3 years. (c) INAPPLICABILITY OF CERTAIN CIVIL SERV- structural relationship between the District (C) REMOVAL.—The President may remove ICE LAWS.—The Executive Director and staff government and the Federal Government. any member of the Authority only for cause. of the Authority may be appointed without H 4050 CONGRESSIONAL RECORD — HOUSE April 3, 1995 regard to the provisions of title 5, United essary to enable it to carry out this Act, (A) takes any action in violation of any States Code, governing appointments in the with the approval of the head of that depart- valid order of the Authority or fails or re- competitive service, and may be paid with- ment or agency. fuses to take any action required by any out regard to the provisions of chapter 51 and (2) FROM DISTRICT GOVERNMENT.—Notwith- such order; or subchapter III of chapter 53 of that title re- standing any other provision of law, the Au- (B) prepares, presents, or certifies any in- lating to classification and General Schedule thority shall have the right to secure copies formation (including any projections or esti- pay rates. of such records, documents, information, or mates) or report for the Board or any of its (d) STAFF OF FEDERAL AGENCIES.—Upon re- data from any entity of the District govern- agents that is false or misleading, or, upon quest of the Chair, the head of any Federal ment necessary to enable the Authority to learning that any such information is false department or agency may detail, on a reim- carry out its responsibilities under this Act. or misleading, fails to immediately advise bursable or non-reimbursable basis, any of At the request of the Authority, the Author- the Board or its agents thereof in writing, the personnel of that department or agency ity shall be granted direct access to such in- shall be guilty of a misdemeanor. to the Authority to assist it in carrying out formation systems, records, documents or in- (2) ADMINISTRATIVE DISCIPLINE.—In addi- its duties under this Act. formation or data as will enable the Author- tion to any other applicable penalty, any of- (e) PRESERVATION OF RETIREMENT AND CER- ity to carry out its responsibilities under ficer or employee of the District government TAIN OTHER RIGHTS OF FEDERAL EMPLOYEES this Act. The head of the entity of the Dis- who knowingly and willfully violates para- WHO BECOME EMPLOYED BY THE AUTHORITY.— trict government responsible shall provide graph (1) shall be subject to appropriate ad- (1) IN GENERAL.—A Federal employee who, the Authority with such information and as- ministrative discipline, including (when ap- within 2 months after separating from the sistance (including granting the Authority propriate) suspension from duty without pay Federal Government, becomes employed by direct access to automated or other informa- or removal from office by order of either the the Authority— tion systems) as the Authority requires Mayor or Authority. (A) may elect, for purposes of the retire- under this paragraph. (3) REPORT BY MAYOR ON DISCIPLINARY AC- ment system in which that individual last (d) GIFTS, BEQUESTS, AND DEVISES.—The TIONS TAKEN.—In the case of a violation of participated before so separating, to have paragraph (1) by an officer or employee of such individual’s period of service with the Authority may accept, use, and dispose of the District government, the Mayor shall Authority treated in the same way as if per- gifts, bequests, or devises of services or prop- formed in the position within the Federal erty, both real and personal, for the purpose immediately report to the Board all perti- Government from which separated, subject of aiding or facilitating the work of the Au- nent facts together with a statement of the to the requisite employee deductions and thority. Gifts, bequests, or devises of money action taken thereon. agency contributions being currently depos- and proceeds from sales of other property re- SEC. 104. EXEMPTION FROM LIABILITY FOR ited in the appropriate fund; and ceived as gifts, bequests, or devises shall be CLAIMS. (B) if, after serving with the Authority, deposited in such account as the Authority The Authority and its members may not be such employee becomes reemployed by the may establish and shall be available for dis- liable for any obligation of or claim against Federal Government, shall be entitled to bursement upon order of the Chair. the District of Columbia resulting from ac- credit, for the full period of such individual’s (e) SUBPOENA POWER.— tions taken to carry out this Act. service with the Authority, for purposes of (1) IN GENERAL.—The Authority may issue SEC. 105. TREATMENT OF ACTIONS ARISING determining the applicable leave accrual subpoenas requiring the attendance and tes- FROM ACT. rate. timony of witnesses and the production of (a) JURISDICTION ESTABLISHED IN DISTRICT (2) RETIREMENT.— any evidence relating to any matter under COURT FOR DISTRICT OF COLUMBIA.—Except as (A) CONTRIBUTIONS.—For purposes of sub- investigation by the Authority. The attend- provided in section 103(e)(2) (relating to the paragraph (A) of paragraph (1)— ance of witnesses and the production of evi- issuance of an order enforcing a subpoena), (i) the employee deductions referred to in dence may be required from any place within any action against the Authority or any ac- such paragraph shall be made from basic pay the United States at any designated place of tion otherwise arising out of this Act, in for service with the Authority, and shall be hearing within the United States. whole or in part, shall be brought in the computed using the same percentage as (2) FAILURE TO OBEY A SUBPOENA.—If a per- United States District Court for the District would then apply if the individual were in- son refuses to obey a subpoena issued under of Columbia. stead serving in the position within the Fed- paragraph (1), the Authority may apply to a (b) PROMPT APPEAL.— eral Government from which separated; and United States district court for an order re- (1) COURT OF APPEALS.—Notwithstanding (ii) the agency contributions referred to in quiring that person to appear before the Au- any other provision of law, any order of the such paragraph shall be made by the Author- thority to give testimony, produce evidence, United States District Court for the District ity. or both, relating to the matter under inves- of Columbia which is issued pursuant to an (B) DOUBLE COVERAGE NOT PERMITTED.—An tigation. The application may be made with- action brought under subsection (a) shall be individual who makes an election under in the judicial district where the hearing is reviewable only pursuant to a notice of ap- paragraph (1)(A) shall be ineligible, while conducted or where that person is found, re- peal to the United States Court of Appeals such election remains in effect, to partici- sides, or transacts business. Any failure to for the District of Columbia Circuit. pate in any retirement system for employees obey the order of the court may be punished (2) SUPREME COURT.—Notwithstanding any of the government of the District of Colum- by the court as civil contempt. other provision of law, review by the Su- bia. (3) SERVICE OF SUBPOENAS.—The subpoenas preme Court of the United States of a deci- (3) REGULATIONS.—The Office of Personnel of the Authority shall be served in the man- sion of the Court of Appeals which is issued Management shall prescribe such regulations ner provided for subpoenas issued by United pursuant to paragraph (1) may be had only if as may be necessary to carry out this sub- States district court under the Federal Rules the petition for such review is filed within 10 section. Regulations to carry out paragraph of Civil Procedure for the United States dis- days after the entry of such decision. (1)(A) shall be prescribed in consultation trict courts. (c) TIMING OF RELIEF.—No order of any with the office or agency of the government (4) SERVICE OF PROCESS.—All process of any court granting declaratory or injunctive re- of the District of Columbia having jurisdic- court to which application is be made under lief against the Authority, including relief tion over any retirement system referred to paragraph (2) may be served in the judicial permitting or requiring the obligation, bor- in paragraph (2)(B). district in which the person required to be rowing, or expenditure of funds, shall take SEC. 103. POWERS OF AUTHORITY. served resides or may be found. effect during the pendency of the action be- (a) HEARINGS AND SESSIONS.—The Author- (f) ADMINISTRATIVE SUPPORT SERVICES.— fore such court, during the time appeal may ity may, for the purpose of carrying out this Upon the request of the Authority, the Ad- be taken, or (if appeal is taken) during the Act, hold hearings, sit and act at times and ministrator of General Services may provide period before the court has entered its final places, take testimony, and receive evidence to the Authority, on a reimbursable basis, order disposing of such action. as the Authority considers appropriate. The the administrative support services nec- (d) EXPEDITED CONSIDERATION.—It shall be Authority may administer oaths or affirma- essary for the Authority to carry out its re- the duty of the United States District Court tions to witnesses appearing before it. sponsibilities under this Act. for the District of Columbia, the United (b) POWERS OF MEMBERS AND AGENTS.—Any (g) AUTHORITY TO ENTER INTO CON- States Court of Appeals for the District of member or agent of the Authority may, if TRACTS.—The Executive Director may enter Columbia Circuit, and the Supreme Court of authorized by the Authority, take any ac- into such contracts as the Executive Direc- the United States to advance on the docket tion which the Authority is authorized to tor considers appropriate (subject to the ap- and to expedite to the greatest possible ex- take by this section. proval of the Chair) to carry out the tent the disposition of any matter brought (c) OBTAINING OFFICIAL DATA.— Authority’s responsibilities under this Act. under subsection (a). (1) FROM FEDERAL GOVERNMENT.—Notwith- (h) CIVIL ACTIONS TO ENFORCE POWERS.— SEC. 106. FUNDING FOR OPERATION OF AUTHOR- standing sections 552 (commonly known as The Authority may seek judicial enforce- ITY. the Freedom of Information Act) and 552b ment of its authority to carry out its respon- (a) ANNUAL BUDGETING PROCESS.— (the Government in the Sunshine Act) of sibilities under this Act. (1) SUBMISSION OF BUDGET.—The Authority title 5, United States Code, the Authority (i) PENALTIES.— shall submit a proposed budget for each fis- may secure directly from any department or (1) ACTS PROHIBITED.—Any officer or em- cal year to the President for inclusion in the agency of the United States information nec- ployee of the District government who— annual budget for the District of Columbia April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4051 under part D of title IV of the District of Co- pursuant to paragraph (1) at any time during tures of each fund of the District govern- lumbia Self-Government and Governmental a control year. ment for such years), in accordance with the Reorganization Act not later than the May 1 (b) REACTIVATION UPON INITIATION OF CON- following requirements: prior to the first day of the fiscal year. In TROL PERIOD.—Upon receiving notice from (1) The financial plan and budget shall the case of the budget for fiscal year 1996, the Chairs of the Appropriations Committees meet the standards described in subsection the Authority shall submit its proposed of the House of Representatives and the Sen- (c) to promote the financial stability of the budget not later than July 15, 1995. ate that a control period has been initiated District government. (2) CONTENTS OF BUDGET.—The budget shall (as described in section 209) at any time after (2) The financial plan and budget shall pro- describe— the Authority suspends its activities under vide for estimates of revenues and expendi- (A) expenditures of the Authority by each subsection (a), the President shall appoint tures on a modified accrual basis. object class, including expenditures for staff members of the Authority, and the Author- (3) The financial plan and budget shall— of the Authority; ity shall carry out activities under this Act, (A) describe lump sum expenditures by de- (B) services of personnel and other services in the same manner as the President ap- partment by object class; provided by or on behalf of the Authority for pointed members and the Authority carried (B) describe capital expenditures (together which the Authority made no reimburse- out activities prior to such suspension. with a schedule of projected capital commit- ment; and SEC. 108. APPLICATION OF LAWS OF DISTRICT OF ments of the District government and pro- (C) any gifts or bequests made to the au- COLUMBIA TO AUTHORITY. posed sources of funding); thority during the previous fiscal year. (a) IN GENERAL.—The following laws of the (C) contain estimates of short-term and (3) APPROPRIATIONS REQUIRED.—No amount District of Columbia (as in effect on the date long-term debt (both outstanding and antici- may be obligated or expended by the Author- of the enactment of this Act) shall apply to pated to be issued); and the members and activities of the Authority: ity for a fiscal year (beginning with fiscal (D) contain cash flow forecasts for each (1) Section 742 of the District of Columbia year 1996) unless such amount has been ap- fund of the District government at such in- Self-Government and Governmental Reorga- proved by Act of Congress, and then only ac- tervals as the Authority may require. nization Act (sec. 1–1504, D.C. Code). cording to such Act. (4) The financial plan and budget shall in- (4) CONFORMING AMENDMENT.—Section (2) Sections 201 through 206 of the District clude a statement describing methods of es- 453(c) of the District of Columbia Self-Gov- of Columbia Freedom of Information Act timations and significant assumptions. ernment and Governmental Reorganization (secs. 1–1521 through 1–1526, D.C. Code). (5) The financial plan and budget shall in- Act (sec. 47–304.1(c), D.C. Code) is amended (3) Section 601 of the District of Columbia clude any other provisions and shall meet by striking the period at the end and insert- Campaign Finance Reform and Conflict of such other criteria as the Authority consid- ing the following: ‘‘, or to the District of Co- Interest Act (sec. 1–1461, D.C. Code). ers appropriate to meet the purposes of this lumbia Financial Responsibility and Man- (b) NO CONTROL, SUPERVISION, OVERSIGHT, Act, including provisions for changes in per- agement Assistance Authority established OR REVIEW BY MAYOR OR COUNCIL.— sonnel policies and levels for each depart- under section 101(a) of the District of Colum- (1) IN GENERAL.—Neither the Mayor nor the ment or agency of the District government, bia Financial Responsibility and Manage- Council may exercise any control, super- changes in the structure and organization of ment Assistance Act of 1995.’’. vision, oversight, or review over the Author- the District government, and management (b) SPECIAL RULE FOR FUNDING OF OPER- ity or its activities. initiatives to promote productivity, im- ATIONS DURING FISCAL YEAR 1995.—As soon as (2) PROHIBITION AGAINST LEGISLATION AF- practicable after the appointment of its FECTING AUTHORITY.—Section 602(a) of the provement in the delivery of services, or cost members, the Authority shall submit to the District of Columbia Self-Government and savings. Mayor and the President— Governmental Reorganization Act (sec. 1– (c) STANDARDS TO PROMOTE FINANCIAL STA- (1) a request for reprogramming of funds 233(a), D.C. Code) is amended— BILITY DESCRIBED.— under subsection (c)(1); and (A) by striking ‘‘or’’ at the end of para- (1) IN GENERAL.—The standards to promote (2) a description of anticipated expendi- graph (8); the financial stability of the District govern- tures of the Authority for fiscal year 1995 (B) by striking the period at the end of ment applicable to the financial plan and (which shall be transmitted to Congress). paragraph (9) and inserting ‘‘; or’’; and budget for a fiscal year are as follows: (c) SOURCES OF FUNDS.— (C) by adding at the end the following new (A) In the case of the financial plan and (1) USE OF PREVIOUSLY APPROPRIATED FUNDS paragraph: budget for fiscal year 1996, the expenditures IN DISTRICT BUDGET.—The Mayor shall trans- ‘‘(10) enact any act, resolution, or rule of the District government for each fiscal fer funds previously appropriated to the Dis- with respect to the District of Columbia Fi- year (beginning with fiscal year 1999) may trict government for a fiscal year for audit- nancial Responsibility and Management As- not exceed the revenues of the District gov- ing and consulting services to the Authority sistance Authority established under section ernment for each such fiscal year. (in such amounts as are provided in the 101(a) of the District of Columbia Financial (B) During fiscal years 1996, 1997, and 1998, budget request of the Authority under sub- Responsibility and Management Assistance the District government shall make continu- section (a) or, with respect to fiscal year Act of 1995.’’. ous, substantial progress towards equalizing 1995, the request submitted under subsection (c) AUTHORITY NOT SUBJECT TO REPRESEN- the expenditures and revenues of the District (b)(1)) for the purpose of carrying out the TATION BY CORPORATION COUNSEL.—In any ac- government for such fiscal years (in equal Authority’s activities during the fiscal year. tion brought by or on behalf of the Author- annual installments to the greatest extent (2) OTHER SOURCES OF FUNDS.—For provi- ity, and in any action brought against the possible). sions describing the sources of funds avail- Authority, the Authority shall be rep- (C) The District government shall provide able for the operations of the Authority dur- resented by such counsel as it may select, for the orderly liquidation of the cumulative ing a fiscal year (in addition to any interest but in no instance may the Authority be rep- fund balance deficit of the District govern- earned on accounts of the Authority during resented by the Corporation Counsel of the ment, as evidenced by financial statements the year), see section 204(b)(1)(A) (relating to District of Columbia. prepared in accordance with generally ac- the set-aside of amounts requisitioned from TITLE II—RESPONSIBILITIES OF cepted accounting principles. the Treasury by the Mayor) and section AUTHORITY (D) If funds in accounts of the District gov- 213(b)(3) (relating to the use of interest ac- Subtitle A—Establishment and Enforcement ernment which are dedicated for specific pur- crued from amounts in a debt service reserve of Financial Plan and Budget for District poses have been withdrawn from such ac- fund of the Authority). Government counts for other purposes, the District gov- SEC. 107. SUSPENSION OF ACTIVITIES. SEC. 201. DEVELOPMENT OF FINANCIAL PLAN ernment shall fully restore the funds to such (a) SUSPENSION UPON PAYMENT OF AUTHOR- AND BUDGET FOR DISTRICT OF CO- accounts. ITY OBLIGATIONS.— LUMBIA. (E) The financial plan and budget shall as- (1) IN GENERAL.—Upon the expiration of the (a) DEVELOPMENT OF FINANCIAL PLAN AND sure the continuing long-term financial sta- 12-month period which begins on the date BUDGET.—For each fiscal year for which the bility of the District government, as indi- that the Authority certifies that all obliga- District government is in a control period, cated by factors including access to short- tions arising from the issuance by the Au- the Mayor shall develop and submit to the term and long-term capital markets, the ef- thority of bonds, notes, or other obligations Authority a financial plan and budget for the ficient management of the District govern- pursuant to subtitle B of title II have been District of Columbia in accordance with this ment’s workforce, and the effective provision discharged, and that all borrowings by or on section. of services by the District government. behalf of the District of Columbia pursuant (b) CONTENTS OF FINANCIAL PLAN AND (2) APPLICATION OF SOUND BUDGETARY PRAC- to title VI of the District of Columbia Reve- BUDGET.—A financial plan and budget for the TICES.—In meeting the standards described nue Act of 1939 (sec. 47–3401, D.C. Code) have District of Columbia for a fiscal year shall in paragraph (1) with respect to a financial been repaid, the Authority shall suspend any specify the budgets for the District govern- plan and budget for a fiscal year, the District activities carried out under this Act and the ment under part D of title IV of the District government shall apply sound budgetary terms of the members of the Authority shall of Columbia Self-Government and Govern- practices, including reducing costs and other expire. mental Reorganization Act for the applica- expenditures, improving productivity, in- (2) NO SUSPENSION DURING CONTROL YEAR.— ble fiscal year and the next 3 fiscal years (in- creasing revenues, or combinations of such The Authority may not suspend its activities cluding the projected revenues and expendi- practices. H 4052 CONGRESSIONAL RECORD — HOUSE April 3, 1995

(3) ASSUMPTIONS BASED ON CURRENT LAW.— as the adoption of the budgets of the District which addresses the reasons for the In meeting the standards described in para- government for the fiscal year under such Authority’s disapproval cited in the state- graph (1) with respect to a financial plan and section, and shall submit such financial plan ment, and shall submit such financial plan budget for a fiscal year, the District govern- and budget to the Mayor and the Authority. and budget to the Mayor and the Authority. ment shall base estimates of revenues and (3) REVIEW OF COUNCIL FINANCIAL PLAN AND (B) APPROVAL OF COUNCIL’S REVISED FINAN- expenditures on Federal law as in effect at BUDGET BY AUTHORITY.—Upon receipt of the CIAL PLAN AND BUDGET.—If, after reviewing the time of the preparation of the financial financial plan and budget for a fiscal year the revised financial plan and budget for a plan and budget. from the Council under paragraph (2) (taking fiscal year submitted by the Council under (d) REPEAL OF OFFSETS AGAINST FEDERAL into account any items or provisions dis- subparagraph (A) in accordance with the pro- PAYMENT AND OTHER DISTRICT REVENUES.— approved by the Mayor or disapproved by the cedures described in this subsection, the Au- Section 138 of the District of Columbia Ap- Mayor and reenacted by the Council under thority determines that the revised financial propriations Act, 1995, is amended— section 404(f) of the District of Columbia plan and budget meets the requirements ap- (1) by striking subsection (c); and Self-Government and Governmental Reorga- plicable under section 201— (2) by redesignating subsections (d) and (e) nization Act, as amended by subsection (i) the Authority shall approve the finan- as subsections (c) and (d). (f)(2)), the Authority shall promptly review cial plan and budget and shall provide the SEC. 202. PROCESS FOR SUBMISSION AND AP- the financial plan and budget. In conducting Mayor, the Council, the President, and Con- PROVAL OF FINANCIAL PLAN AND the review, the Authority may request any gress with a notice certifying its approval; ANNUAL DISTRICT BUDGET. additional information it considers nec- and (a) SUBMISSION OF PRELIMINARY FINANCIAL essary and appropriate to carry out its du- (ii) the Council shall promptly submit the PLAN AND BUDGET BY MAYOR.—Not later than ties under this subtitle. financial plan and budget to the Mayor for the February 1 preceding a fiscal year for (4) RESULTS OF AUTHORITY REVIEW OF COUN- transmission to the President and Congress which the District government is in a con- CIL’S INITIAL FINANCIAL PLAN AND BUDGET.— under section 446 of the District of Columbia trol period, the Mayor shall submit to the (A) APPROVAL OF COUNCIL’S INITIAL FINAN- Self-Government and Governmental Reorga- Authority and the Council a financial plan CIAL PLAN AND BUDGET.—If the Authority de- nization Act. and budget for the fiscal year which meets termines that the financial plan and budget (C) DISAPPROVAL OF COUNCIL’S REVISED FI- the requirements of section 201. for the fiscal year submitted by the Council NANCIAL PLAN AND BUDGET.— (b) REVIEW BY AUTHORITY.—Upon receipt of under paragraph (2) meets the requirements (i) IN GENERAL.—If, after reviewing the re- the financial plan and budget for a fiscal applicable under section 201— vised financial plan and budget for a fiscal year from the Mayor under subsection (a), (i) the Authority shall approve the finan- year submitted by the Council under sub- the Authority shall promptly review the fi- cial plan and budget and shall provide the paragraph (A) in accordance with the proce- nancial plan and budget. In conducting the Mayor, the Council, the President, and Con- dures described in this subsection, the Au- review, the Authority may request any addi- gress with a notice certifying its approval; thority determines that the revised financial tional information it considers necessary and plan and budget does not meet the applicable and appropriate to carry out its duties under (ii) the Council shall promptly submit the requirements under section 201, the Author- this subtitle. financial plan and budget to the Mayor for ity shall— (c) ACTION UPON APPROVAL OF MAYOR’S transmission to the President and Congress (I) disapprove the financial plan and budg- PRELIMINARY FINANCIAL PLAN AND BUDGET.— under section 446 of the District of Columbia et; (1) CERTIFICATION TO MAYOR.— Self-Government and Governmental Reorga- (II) provide the Mayor, the Council, the (A) IN GENERAL.—If the Authority deter- nization Act. President, and Congress with a statement mines that the financial plan and budget for (B) DISAPPROVAL OF COUNCIL’S INITIAL containing the reasons for such disapproval the fiscal year submitted by the Mayor BUDGET.—If the Authority determines that and describing the amount of any shortfall under subsection (a) meets the requirements the financial plan and budget for the fiscal in the financial plan and budget; and applicable under section 201— year submitted by the Council under para- (III) approve and recommend a financial (i) the Authority shall approve the finan- graph (2) does not meet the requirements ap- plan and budget for the District government cial plan and budget and shall provide the plicable under section 201, the Authority which meets the applicable requirements Mayor, the Council, the President, and Con- shall disapprove the financial plan and budg- under section 201, and submit such financial gress with a notice certifying its approval; et, and shall provide the Mayor, the Council, plan and budget to the Mayor, the Council, and the President, and Congress with a state- the President, and Congress. (ii) the Mayor shall promptly submit the ment containing— (ii) TRANSMISSION OF REJECTED FINANCIAL financial plan and budget to the Council pur- (i) the reasons for such disapproval; PLAN AND BUDGET.—The Council shall suant to section 442 of the District of Colum- (ii) the amount of any shortfall in the promptly submit the revised financial plan bia Self-Government and Governmental Re- budget or financial plan; and and budget disapproved by the Authority organization Act. (iii) any recommendations for revisions to under this subparagraph to the Mayor for (B) DEEMED APPROVAL AFTER 30 DAYS.— the budget the Authority considers appro- transmission to the President and Congress (i) IN GENERAL.—If the Authority has not priate to ensure that the budget is consist- under section 446 of the District of Columbia provided the Mayor, the Council, and Con- ent with the financial plan and budget. Self-Government and Governmental Reorga- gress with a notice certifying approval under (C) DEEMED APPROVAL AFTER 15 DAYS.— nization Act. subparagraph (A)(i) or a statement of dis- (i) IN GENERAL.—If the Authority has not (D) DEEMED APPROVAL AFTER 15 DAYS.— approval under subsection (d)(1) upon the ex- provided the Mayor, the Council, the Presi- (i) IN GENERAL.—If the Authority has not piration of the 30-day period which begins on dent, and Congress with a notice certifying provided the Mayor, the Council, the Presi- the date the Authority receives the financial approval under subparagraph (A)(i) or a dent, and Congress with a notice certifying plan and budget from the Mayor under sub- statement of disapproval under subparagraph approval under subparagraph (B)(i) or a section (a), the Authority shall be deemed to (B) upon the expiration of the 15-day period statement of disapproval under subparagraph have approved the financial plan and budget which begins on the date the Authority re- (C) upon the expiration of the 15-day period and to have provided the Mayor, the Council, ceives the financial plan and budget from the which begins on the date the Authority re- the President, and Congress with the notice Council under paragraph (2), the Authority ceives the revised financial plan and budget certifying approval described in subpara- shall be deemed to have approved the finan- submitted by the Council under subpara- graph (A)(i). cial plan and budget and to have provided graph (A), the Authority shall be deemed to (ii) EXPLANATION OF FAILURE TO RESPOND.— the Mayor, the Council, the President, and have approved the revised financial plan and If clause (i) applies with respect to a finan- Congress with the notice certifying approval budget and to have provided the Mayor, the cial plan and budget, the Authority shall described in subparagraph (A)(i). Council, the President, and Congress with provide the Mayor, the Council, the Presi- (ii) EXPLANATION OF FAILURE TO RESPOND.— the notice certifying approval described in dent and Congress with an explanation for If clause (i) applies with respect to a finan- subparagraph (B)(i). its failure to provide the notice certifying cial plan and budget, the Authority shall (ii) EXPLANATION OF FAILURE TO RESPOND.— approval or the statement of disapproval provide the Mayor, the Council, the Presi- If clause (i) applies with respect to a finan- during the 30-day period described in such dent and Congress with an explanation for cial plan and budget, the Authority shall clause. its failure to provide the notice certifying provide the Mayor, the Council, the Presi- (2) ADOPTION OF FINANCIAL PLAN AND BUDG- approval or the statement of disapproval dent and Congress with an explanation for ET BY COUNCIL AFTER RECEIPT OF APPROVED during the 15-day period described in such its failure to provide the notice certifying FINANCIAL PLAN AND BUDGET.—Notwithstand- clause. approval or the statement of disapproval ing the first sentence of section 446 of the (5) AUTHORITY REVIEW OF COUNCIL’S REVISED during the 15-day period described in such District of Columbia Self-Government and FINANCIAL PLAN AND BUDGET.— clause. Governmental Reorganization Act, not later (A) SUBMISSION OF COUNCIL’S REVISED FI- (6) DEADLINE FOR TRANSMISSION OF FINAN- than 30 days after receiving the financial NANCIAL PLAN AND BUDGET.—Not later than 15 CIAL PLAN AND BUDGET BY AUTHORITY.—Not- plan and budget for the fiscal year from the days after receiving the statement from the withstanding any other provision of this sec- Mayor under paragraph (1)(A)(ii), the Coun- Authority under paragraph (4)(B), the Coun- tion, not later than the June 15 preceding cil shall by Act adopt a financial plan and cil shall promptly by Act adopt a revised fi- each fiscal year which is a control year, the budget for the fiscal year which shall serve nancial plan and budget for the fiscal year Authority shall— April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4053 (A) provide Congress with a notice certify- dent, and Congress with a notice certifying Government and Governmental Reorganiza- ing its approval of the Council’s initial fi- approval under subparagraph (B)(i) or a tion Act (sec. 47–313, D.C. Code) is amended— nancial plan and budget for the fiscal year statement of disapproval under subparagraph (A) in subsection (c), by striking ‘‘The under paragraph (4)(A); (C) upon the expiration of the 15-day period Council’’ the first place it appears and in- (B) provide Congress with a notice certify- which begins on the date the Authority re- serting ‘‘Except as provided in subsection (f), ing its approval of the Council’s revised fi- ceives the revised financial plan and budget the Council’’; nancial plan and budget for the fiscal year submitted by the Mayor under subparagraph (B) in subsection (d), by striking ‘‘The under paragraph (5)(B); or (A), the Authority shall be deemed to have Mayor’’ and inserting ‘‘Except as provided in (C) submit to Congress an approved and approved the revised financial plan and subsection (f), the Mayor’’; and recommended financial plan and budget of budget and to have provided the Mayor, the (C) by adding at the end the following new the Authority for the District government Council, the President, and Congress with subsection: for the fiscal year under paragraph (5)(C). the notice certifying approval described in ‘‘(f) In the case of a fiscal year which is a (d) ACTION UPON DISAPPROVAL OF MAYOR’S subparagraph (B)(i). control year (as defined in section 305(4) of PRELIMINARY FINANCIAL PLAN AND BUDGET.— (ii) EXPLANATION OF FAILURE TO RESPOND.— the District of Columbia Financial Respon- (1) STATEMENT OF DISAPPROVAL.—If the Au- If clause (i) applies with respect to a finan- sibility and Management Assistance Act of thority determines that the financial plan cial plan and budget, the Authority shall and budget for the fiscal year submitted by provide the Mayor, the Council, the Presi- 1995)— the Mayor under subsection (a) does not dent and Congress with an explanation for ‘‘(1) subsection (c) (other than the fourth meet the requirements applicable under sec- its failure to provide the notice certifying sentence) and subsection (d) shall not apply; tion 201, the Authority shall disapprove the approval or the statement of disapproval and financial plan and budget, and shall provide during the 15-day period described in such ‘‘(2) the Council may not approve, and the the Mayor and the Council with a statement clause. Mayor may not forward to the President, containing— (3) ACTION BY COUNCIL.— any budget which is not consistent with the (A) the reasons for such disapproval; (A) ADOPTION OF FINANCIAL PLAN AND BUDG- financial plan and budget established for the (B) the amount of any shortfall in the fi- ET.—Notwithstanding the first sentence of fiscal year under subtitle A of title II of such nancial plan and budget; and section 446 of the District of Columbia Self- Act.’’. (C) any recommendations for revisions to Government and Governmental Reorganiza- (2) EXPEDITED PROCEDURES FOR DIS- the financial plan and budget the Authority tion Act, not later than 30 days after receiv- APPROVAL OF ITEMS AND PROVISIONS OF COUN- considers appropriate to ensure that the fi- ing the Mayor’s approved revised financial CIL BUDGET BY MAYOR.—Section 404(f) of the nancial plan and budget meets the require- plan and budget for the fiscal year under District of Columbia Self-Government and ments applicable under section 201. paragraph (2)(B) or (in the case of a financial Governmental Reorganization Act (sec. 1– (2) AUTHORITY REVIEW OF MAYOR’S REVISED plan and budget disapproved by the Author- 227(f), D.C. Code) is amended by adding at the FINANCIAL PLAN AND BUDGET.— ity) the financial plan and budget rec- end the following new sentence: ‘‘In the case (A) SUBMISSION OF MAYOR’S REVISED FINAN- ommended by the Authority under para- of any budget act for a fiscal year which is CIAL PLAN AND BUDGET.—Not later than 15 graph (2)(C)(i)(III), the Council shall by Act a control year (as defined in section 305(4) of days after receiving the statement from the adopt a financial plan and budget for the fis- the District of Columbia Financial Respon- Authority under paragraph (1), the Mayor cal year which shall serve as the adoption of sibility and Management Assistance Act of shall promptly submit to the Authority and the budgets of the District government for 1995), this subsection shall apply as if the ref- the Council a revised financial plan and the fiscal year under such section, and shall erence in the second sentence to ‘ten-day pe- budget for the fiscal year which addresses submit the financial plan and budget to the riod’ were a reference to ‘five-day period’ and the reasons for the Authority’s disapproval Mayor and the Authority. the reference in the third sentence to ‘thirty cited in the statement. (B) REVIEW BY AUTHORITY.—The financial calendar days’ were a reference to ‘5 calendar (B) APPROVAL OF MAYOR’S REVISED FINAN- plan and budget submitted by the Council days’.’’. CIAL PLAN AND BUDGET.—If the Authority de- under subparagraph (A) shall be subject to (g) PERMITTING MAYOR AND COUNCIL TO termines that the revised financial plan and review by the Authority and revision by the SPECIFY EXPENDITURES UNDER SCHOOL BOARD budget for the fiscal year submitted by the Council in the same manner as the financial BUDGET DURING CONTROL YEAR.— Mayor under subparagraph (A) meets the re- plan and budget submitted by the Council (1) MAYOR’S ESTIMATE INCLUDED IN ANNUAL quirements applicable under section 201— after an approved preliminary financial plan FINANCIAL PLAN AND BUDGET.—Section 2(h) of (i) the Authority shall approve the finan- and budget of the Mayor under paragraphs the Act entitled ‘‘An Act to fix and regulate cial plan and budget and shall provide the (3), (4), (5), and (6) of subsection (c). the salaries of teachers, school officers, and Mayor, the Council, the President, and Con- (e) REVISIONS TO FINANCIAL PLAN AND other employees of the board of education of gress with a notice certifying its approval; BUDGET.— the District of Columbia’’, approved June 20, and (1) PERMITTING MAYOR TO SUBMIT REVI- 1906 (sec. 31–103, D.C. Code) is amended by (ii) the Mayor shall promptly submit the SIONS.—The Mayor may submit proposed re- financial plan and budget to the Council pur- visions to the financial plan and budget for a striking the period at the end and inserting suant to section 442 of the District of Colum- control year to the Authority at any time the following: ‘‘, except that in the case of a bia Self-Government and Governmental Re- during the year. year which is a control year (as defined in section 305(4) of the District of Columbia Fi- organization Act. (2) PROCESS FOR REVIEW, APPROVAL, DIS- (C) DISAPPROVAL OF MAYOR’S REVISED FI- APPROVAL, AND COUNCIL ACTION.—Except as nancial Responsibility and Management As- NANCIAL PLAN AND BUDGET.— provided in paragraph (3), the procedures de- sistance Act of 1995), the Mayor shall trans- (i) IN GENERAL.—If the Authority deter- scribed in subsections (b), (c), and (d) shall mit the same together with the Mayor’s own mines that the revised financial plan and apply with respect to a proposed revision to request for the amount of money required for budget for the fiscal year submitted by the a financial plan and budget in the same man- the public schools for the year.’’. Mayor under subparagraph (A) does not meet ner as such procedures apply with respect to (2) SPECIFICATION OF EXPENDITURES.—Sec- the requirements applicable under section the original financial plan and budget, ex- tion 452 of the District of Columbia Self-Gov- 201, the Authority shall— cept that subparagraph (B) of subsection ernment and Governmental Reorganization (I) disapprove the financial plan and budg- (c)(1) (relating to deemed approval by the Act (sec. 31–104, D.C. Code) is amended by et; Authority of a preliminary financial plan adding at the end the following new sen- (II) shall provide the Mayor, the Council, and budget of the Mayor) shall be applied as tence: ‘‘This section shall not apply with re- the President, and Congress with a state- if the reference to the term ‘‘30-day period’’ spect to the annual budget for any fiscal ment containing the reasons for such dis- were a reference to ‘‘20-day period’’. year which is a control year (as defined in approval; and (3) EXCEPTION FOR REVISIONS NOT AFFECTING section 305(4) of the District of Columbia Fi- (III) recommend a financial plan and budg- APPROPRIATIONS.—To the extent that a pro- nancial Responsibility and Management As- et for the District government which meets posed revision to a financial plan and budget sistance Act of 1995).’’. the requirements applicable under section adopted by the Council pursuant to this sub- (h) PERMITTING SEPARATION OF EMPLOYEES 201 and submit such financial plan and budg- section does not increase the amount of IN ACCORDANCE WITH FINANCIAL PLAN AND et to the Mayor and the Council. spending with respect to any account of the BUDGET.—The fourth sentence of section (ii) SUBMISSION OF REJECTED FINANCIAL District government, the revision shall be- 422(3) of the District of Columbia Self-Gov- PLAN AND BUDGET.—The Mayor shall prompt- come effective upon the Authority’s approval ernment and Governmental Reorganization ly submit the revised financial plan and of such revision (subject to review by Con- Act (sec. 1–242(3), D.C. Code) is amended by budget disapproved by the Authority under gress under section 602(c) of the District of striking ‘‘pursuant to procedures’’ and all this subparagraph to the Council pursuant to Columbia Self-Government and Govern- that follows through ‘‘Act of 1991’’ and in- section 442 of the District of Columbia Self- mental Reorganization Act). serting the following: ‘‘in the implementa- Government and Governmental Reorganiza- (f) CONFORMING AMENDMENT TO BUDGET tion of a financial plan and budget for the tion Act. PROCESS REQUIREMENTS UNDER HOME RULE District government approved under subtitle (D) DEEMED APPROVAL AFTER 15 DAYS.— ACT.— A of title II of the District of Columbia Fi- (i) IN GENERAL.—If the Authority has not (1) SUBMISSION OF UNBALANCED BUDGETS.— nancial Responsibility and Management As- provided the Mayor, the Council, the Presi- Section 603 of the District of Columbia Self- sistance Act of 1995’’. H 4054 CONGRESSIONAL RECORD — HOUSE April 3, 1995

SEC. 203. REVIEW OF ACTIVITIES OF DISTRICT (b) EFFECT OF APPROVED FINANCIAL PLAN shall analyze the affect of the proposed GOVERNMENT TO ENSURE COMPLI- AND BUDGET ON CONTRACTS AND LEASES.— reprogramming on the financial plan and ANCE WITH APPROVED FINANCIAL (1) MANDATORY PRIOR APPROVAL FOR CER- budget for the fiscal year and submit its PLAN AND BUDGET. TAIN CONTRACTS AND LEASES.— analysis to the Council not later than 15 (a) REVIEW OF COUNCIL ACTS.— (A) IN GENERAL.—In the case of a contract days after receiving the request. (1) SUBMISSION OF ACTS TO AUTHORITY.—The or lease described in subparagraph (B) which (2) NO ACTION PERMITTED UNTIL ANALYSIS Council shall submit to the Authority each is proposed to be entered into by the District RECEIVED.—The Council may not adopt a Act passed by the Council and signed by the government during a control year, the reprogramming during a fiscal year which is Mayor during a control year or vetoed by the Mayor (or the appropriate officer or agent of Mayor and repassed by two-thirds of the a control year, and no officer or employee of the District government) shall submit the the District government may carry out any Council present and voting during a control proposed contract or lease to the Authority. year, and each Act passed by the Council and reprogramming during such a year, until the The Authority shall review each contract or Authority has provided the Council with an allowed to become effective without the lease submitted under this subparagraph, Mayor’s signature during a control year, to- analysis of a request for the reprogramming and the Mayor (or the appropriate officer or in accordance with paragraph (1). gether with the estimate of costs accom- agent of the District government) may not panying such Act required under section enter into the contract or lease unless the SEC. 204. RESTRICTIONS ON BORROWING BY DIS- 602(c)(3) of the District of Columbia Self- Authority determines that the proposed con- TRICT DURING CONTROL YEAR. Government and Governmental Reorganiza- tract or lease is consistent with the financial (a) PRIOR APPROVAL REQUIRED.— tion Act (as added by section 301(d)). plan and budget for the fiscal year. (1) IN GENERAL.—The District government (2) PROMPT REVIEW BY AUTHORITY.—Upon (B) CONTRACTS AND LEASES DESCRIBED.—A may not borrow money during a control year receipt of an Act from the Council under contract or lease described in this subpara- unless the Authority provides prior certifi- paragraph (1), the Authority shall promptly graph is— cation that both the receipt of funds through review the Act to determine whether it is (i) a labor contract entered into through such borrowing and the repayment of obliga- consistent with the applicable financial plan collective bargaining; or tions incurred through such borrowing are and budget approved under this subtitle and (ii) such other type of contract or lease as consistent with the financial plan and budg- with the estimate of costs accompanying the the Authority may specify for purposes of et for the year. Act (described in paragraph (1)). this subparagraph. (2) REVISIONS TO FINANCIAL PLAN AND BUDG- (3) ACTIONS BY AUTHORITY.— (2) AUTHORITY TO REVIEW OTHER CONTRACTS ET PERMITTED.—If the Authority determines (A) APPROVAL.—Except as provided in sub- AND LEASES AFTER EXECUTION.— paragraph (C), if the Authority determines that the borrowing proposed to be under- (A) IN GENERAL.—In addition to the prior taken by the District government is not con- that an Act is consistent with the applicable approval of certain contracts and leases financial plan and budget, the Authority sistent with the financial plan and budget, under paragraph (1), the Authority may re- the Mayor may submit to the Authority a shall notify the Council that it approves the quire the Mayor (or the appropriate officer Act, and the Council shall submit the Act to proposed revision to the financial plan and or agent of the District government) to sub- budget in accordance with section 202(e) so Congress for review in accordance with sec- mit to the Authority any other contract (in- tion 602(c) of the District of Columbia Self- that the borrowing will be consistent with cluding a contract to carry out a grant) or the financial plan and budget as so revised. Government and Governmental Reorganiza- lease entered into by the District govern- tion Act. (3) BORROWING DESCRIBED.—This subsection ment during a control year which is executed shall apply with respect to any borrowing (B) FINDING OF INCONSISTENCY.—Except as after the Authority has approved the finan- undertaken by the District government, in- provided in subparagraph (C), if the Author- cial plan and budget for the year under sec- cluding borrowing through the issuance of ity determines that an Act is significantly tion 202(c) or 202(d), or any proposal of the bonds under part E of title IV of the District inconsistent with the applicable financial District government to renew, extend, or of Columbia Self-Government and Govern- plan and budget, the Authority shall— modify a contract or lease during a control mental Reorganization Act, the exercise of (i) notify the Council that of its finding; year which is made after the Authority has (ii) provide the Council with an expla- approved such financial plan and budget. authority to obtain funds from the United States Treasury under title VI of the Dis- nation of the reasons for its finding; and (B) REVIEW BY AUTHORITY.—The Authority (iii) to the extent the Authority considers shall review each contract or lease submit- trict of Columbia Revenue Act of 1939 (sec. appropriate, provide the Council with rec- ted under subparagraph (A) to determine if 47–3401, D.C. Code), or any other means. ommendations for modifications to the Act. the contract or lease is consistent with the (4) SPECIAL RULES FOR TREASURY BORROW- (C) EXCEPTION FOR EMERGENCY ACTS.—Sub- financial plan and budget for the fiscal year. ING DURING FISCAL YEAR 1995.— paragraphs (A) and (B) shall not apply with If the Authority determines that the con- (A) NO PRIOR APPROVAL REQUIRED DURING respect to any act which the Council deter- tract or lease is not consistent with the fi- INITIAL PERIOD FOLLOWING APPOINTMENT.— mines according to section 412(a) of the Dis- nancial plan and budget, the Mayor shall The District government may requisition ad- trict of Columbia Self-Government and Gov- take such actions as are within the Mayor’s vances from the United States Treasury ernmental Reorganization Act should take powers to revise the contract or lease, or under title VI of the District of Columbia effect immediately because of emergency shall submit a proposed revision to the fi- Revenue Act of 1939 (sec. 47–3401, D.C. Code) circumstances. nancial plan and budget in accordance with without the prior approval of the Authority (4) EFFECT OF FINDING.—If the Authority section 202(e), so that the contract or lease during the 45-day period which begins on the makes a finding with respect to an Act under will be consistent with the financial plan and date of the appointment of the members of paragraph (3)(B), the Council may not sub- budget. the Authority (subject to the restrictions de- mit the Act to Congress for review in accord- (3) SPECIAL RULE FOR FISCAL YEAR 1995.—The scribed in such title, as amended by sub- ance with section 602(c) of the District of Co- Authority may require the Mayor to submit section (c)). lumbia Self-Government and Governmental to the Authority any proposal to renew, ex- (B) CRITERIA FOR APPROVAL DURING REMAIN- Reorganization Act. tend, or modify a contract or lease in effect DER OF FISCAL YEAR.—The District govern- (5) DEEMED APPROVAL.—If the Authority during fiscal year 1995 to determine if the re- ment may requisition advances described in does not notify the Council that it approves newal, extension, or modification is consist- subparagraph (A) during the portion of fiscal or disapproves an Act submitted under this ent with the budget for the District of Co- year 1995 occurring after the expiration of subsection during the 7-day period which be- lumbia under the District of Columbia Ap- the 45-day period described in such subpara- gins on the date the Council submits the Act propriations Act, 1995. graph if the Authority finds that— to the Authority, the Authority shall be (4) SPECIAL RULE FOR CONTRACTS SUBJECT (i) such borrowing is appropriate to meet deemed to have approved the Act in accord- TO COUNCIL APPROVAL.—In the case of a con- the needs of the District government to re- ance with paragraph (3)(A). At the option of tract or lease which is required to be submit- duce deficits and discharge payment obliga- the Authority, the previous sentence shall be ted to the Authority under this subsection tions; and applied as if the reference to ‘‘7-day period’’ and which is subject to approval by the (ii) the District government is making ap- were a reference to ‘‘14-day period’’ if during Council under the laws of the District of Co- propriate progress toward meeting its re- such 7-day period the Authority so notifies lumbia, the Mayor shall submit such con- sponsibilities under this Act (and the amend- the Council and the Mayor. tract or lease to the Authority only after the ments made by this Act). (6) PRELIMINARY REVIEW OF PROPOSED Council has approved the contract or lease. (b) DEPOSIT OF FUNDS OBTAINED THROUGH ACTS.—At the request of the Council, the Au- (c) RESTRICTIONS ON REPROGRAMMING OF TREASURY WITH AUTHORITY.— thority may conduct a preliminary review of AMOUNTS IN BUDGET DURING CONTROL (1) AUTOMATIC DEPOSIT DURING CONTROL proposed legislation before the Council to de- YEARS.— YEAR.—If the Mayor requisitions funds from termine whether the legislation as proposed (1) SUBMISSIONS OF REQUESTS TO AUTHOR- the Secretary of the Treasury pursuant to would be consistent with the applicable fi- ITY.—If the Mayor submits a request to the title VI of the District of Columbia Revenue nancial plan and budget approved under this Council for the reprogramming of any Act of 1939 (sec. 47–3401, D.C. Code) during a subtitle, except that any such preliminary amounts provided in a budget for a fiscal control year (beginning with fiscal year review shall not be binding on the Authority year which is a control year after the budget 1996), such funds shall be deposited by the in reviewing any Act subsequently submitted is adopted by the Council, the Mayor shall Secretary into an escrow account held by the under this subsection. submit such request to the Authority, which Authority, to be used as follows: April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4055 (A) The Authority shall expend a portion V of the District of Columbia Self-Govern- trict government shall be deposited by the of the funds for its operations during the fis- ment and Governmental Reorganization Act Secretary into such account as is designated cal year in which the funds are requisitioned, for the fiscal year ending September 30, 1996; by the Mayor in the Mayor’s requisition for in such amount and under such conditions as and such advance. are established under the budget of the Au- ‘‘(F) except during the 45-day period begin- ‘‘(B) EXCEPTION.—Notwithstanding sub- thority for the fiscal year under section ning on the date of the appointment of the paragraph (A), if (in accordance with section 106(a). members of the Authority, the Authority 204(b)(2) of the District of Columbia Finan- (B) The Authority shall allocate the re- makes the findings described in section cial Responsibility and Management Assist- mainder of such funds to the Mayor at such 204(a)(4)(B) of the District of Columbia Fi- ance Act of 1995) the Authority delivers a intervals and in accordance with such terms nancial Responsibility and Management As- letter requesting the Secretary to deposit all and conditions as it considers appropriate, sistance Act of 1995. advances made under this subsection for the consistent with the financial plan and budg- ‘‘(3) AMOUNT OF ANY TRANSITIONAL SHORT- account of the District government in an es- et for the year and with any other withhold- TERM ADVANCE MADE BEFORE OCTOBER 1, crow account held by the Authority, each ad- ing of funds by the Authority pursuant to 1995.— vance made under this subsection for the ac- this Act. ‘‘(A) IN GENERAL.—Except as provided in count of the District government after the (2) OPTIONAL DEPOSIT DURING FISCAL YEAR subparagraph (C), if the conditions described date of such letter shall be deposited by the 1995.— in subparagraph (B) are satisfied, each ad- Secretary into the escrow account specified (A) DURING INITIAL PERIOD FOLLOWING AP- vance made under this subsection shall be in by the Authority in such letter. the amount designated by the Mayor in the POINTMENT.—If the Mayor requisitions funds ‘‘(b) TRANSITIONAL SHORT-TERM ADVANCES Mayor’s requisition for such advance, except described in paragraph (1) during the 45-day MADE ON OR AFTER OCTOBER 1, 1995 AND BE- that— period which begins on the date of the ap- FORE FEBRUARY 1, 1996.— ‘‘(i) the total amount requisitioned under pointment of the members of the Authority, ‘‘(1) IN GENERAL.—If the conditions in para- this subsection during the 30-day period the Secretary of the Treasury shall notify graph (2) are satisfied, the Secretary shall the Authority, and at the request of the Au- which begins on the date of the first requisi- tion made under this subsection may not ex- make an advance of funds from time to time, thority shall deposit such funds into an es- out of any money in the Treasury not other- crow account held by the Authority in ac- ceed 331⁄3 percent of the fiscal year 1995 limit; ‘‘(ii) the total amount requisitioned under wise appropriated, for the same purpose as cordance with paragraph (1). advances are made under subsection (a). (B) DURING REMAINDER OF FISCAL YEAR.—If this subsection during the 60-day period which begins on the date of the first requisi- ‘‘(2) TERMS AND CONDITIONS.— the Mayor requisitions funds described in ‘‘(A) IN GENERAL.—Except as provided in paragraph (1) during the portion of fiscal tion made under this subsection may not ex- ceed 662⁄3 percent of the fiscal year 1995 limit; subparagraph (B), paragraphs (2), (4), and (5) year 1995 occurring after the expiration of of subsection (a) (other than subparagraph the 45-day period described in subparagraph and ‘‘(iii) the total amount requisitioned under (F) of paragraph (2)) shall apply to any ad- (A), the Secretary of the Treasury shall de- vance made under this subsection. posit such funds into an escrow account held this subsection after the expiration of the 60- ‘‘(B) EXCEPTIONS.— by the Authority in accordance with para- day period which begins on the date of the first requisition made under this subsection ‘‘(i) NEW CONDITIONS PRECEDENT TO MAKING graph (1) at the request of the Authority. may not exceed 100 percent of the fiscal year ADVANCES.—The conditions described in sub- (c) CONDITIONS ON REQUISITIONS FROM 1995 limit. section (a)(2) shall apply with respect to TREASURY.—Title VI of the District of Co- ‘‘(B) CONDITIONS APPLICABLE TO DESIGNATED making advances on or after October 1, 1995, lumbia Revenue Act of 1939 (sec. 47–3401, D.C. AMOUNT.—Subparagraph (A) applies if the in the same manner as such conditions apply Code) is amended by striking all after the Mayor determines that the amount des- with respect to making advances before Oc- heading and inserting the following: ignated in the Mayor’s requisition for such tober 1, 1995, except that— ‘‘SEC. 601. TRANSITIONAL PROVISION FOR advance is needed to accomplish the purpose ‘‘(I) subparagraph (C) (relating to the last SHORT-TERM ADVANCES. described in paragraph (1), and (except dur- day on which advances may be made) shall ‘‘(a) TRANSITIONAL SHORT-TERM ADVANCES ing the 45-day period beginning on the date be applied as if the reference to ‘September MADE BEFORE OCTOBER 1, 1995.— of the appointment of the members of the 30, 1995’ were a reference to ‘January 31, ‘‘(1) IN GENERAL.—If the conditions in para- Authority) the Authority approves such 1996’; graph (2) are satisfied, the Secretary shall amount. ‘‘(II) subparagraph (E) (relating to the Sec- make an advance of funds from time to time, ‘‘(C) AGGREGATE MAXIMUM AMOUNT OUT- retary’s determination of reasonable assur- out of any money in the Treasury not other- STANDING.—The sum of the anticipated prin- ance of reimbursement from the annual Fed- wise appropriated, for the purpose of assist- cipal and interest requirements of all ad- ing the District government in meeting its eral payment appropriated to the District of vances made under this subsection may not Columbia) shall be applied as if the reference general expenditures, as authorized by Con- be greater than the fiscal year 1995 limit. gress. to ‘September 30, 1996’ were a reference to ‘‘(D) FISCAL YEAR 1995 LIMIT DESCRIBED.—In ‘September 30, 1997’; ‘‘(2) CONDITIONS TO MAKING ANY TRANSI- this paragraph, the ‘fiscal year 1995 limit’ ‘‘(III) the Secretary may not make an ad- TIONAL SHORT-TERM ADVANCE BEFORE OCTOBER means the amount authorized to be appro- 1, 1995.—The Secretary shall make an ad- vance under this subsection unless all ad- priated to the District of Columbia as the vances made under subsection (a) are fully vance under this subsection if the following annual Federal payment to the District of conditions are satisfied: reimbursed by withholding from the annual Columbia under title V of the District of Co- Federal payment appropriated to the Dis- ‘‘(A) the Mayor delivers to the Secretary a lumbia Self-Government and Governmental trict of Columbia for the fiscal year ending requisition for an advance under this sec- Reorganization Act for the fiscal year ending September 30, 1996, under title V of the Dis- tion; September 30, 1995. trict of Columbia Self-Government and Gov- ‘‘(B) as of the date on which the ‘‘(4) MATURITY OF ANY TRANSITIONAL SHORT- ernmental Reorganization Act, and applying requisitioned advance is to be made, the Au- TERM ADVANCE MADE BEFORE OCTOBER 1, thority has not approved a financial plan and 1995.— toward reimbursement for such advances an amount equal to the amount needed to fully budget for the District government as meet- ‘‘(A) IN GENERAL.—Except as provided in ing the requirements of the District of Co- subparagraph (B), each advance made under reimburse the Treasury for such advances; lumbia Financial Responsibility and Man- this subsection shall mature on the date des- and agement Assistance Act of 1995; ignated by the Mayor in the Mayor’s requisi- ‘‘(IV) the Secretary may not make an ad- ‘‘(C) the date on which the requisitioned tion for such advance. vance under this subsection unless the Au- advance is to be made is not later than Sep- ‘‘(B) LATEST PERMISSIBLE MATURITY DATE.— thority has provided the Secretary with the tember 30, 1995; Notwithstanding subparagraph (A), the ma- prior certification described in section ‘‘(D) the District government has delivered turity date for any advance made under this 204(a)(1) of the District of Columbia Finan- to the Secretary— subsection shall not be later than October 1, cial Responsibility and Management Assist- ‘‘(i) a schedule setting forth the antici- 1995. ance Act of 1995. pated timing and amounts of requisitions for ‘‘(5) INTEREST RATE.—Each advance made ‘‘(ii) NEW LATEST PERMISSIBLE MATURITY advances under this subsection; and under this subsection shall bear interest at DATE.—The provisions of subsection (a)(4) ‘‘(ii) evidence demonstrating to the satis- an annual rate equal to the rate determined shall apply with respect to the maturity of faction of the Secretary that the District by the Secretary at the time that the Sec- advances made after October 1, 1995, in the government is effectively unable to obtain retary makes such advance taking into con- same manner as such provisions apply with credit in the public credit markets or else- sideration the prevailing yield on outstand- respect to the maturity of advances made be- where in sufficient amounts and on suffi- ing marketable obligations of the United fore October 1, 1995, except that subpara- ciently reasonable terms to meet the Dis- States with remaining periods to maturity graph (B) of such subsection (relating to the trict government’s financing needs; comparable to the maturity of such advance, latest permissible maturity date) shall apply ‘‘(E) the Secretary determines that there is plus 1⁄8 of 1 percent. as if the reference to ‘October 1, 1995’ were a reasonable assurance of reimbursement for ‘‘(6) DEPOSIT OF ADVANCES.— reference to ‘October 1, 1996’. the advance from the amount authorized to ‘‘(A) IN GENERAL.—Except as provided in ‘‘(C) NEW MAXIMUM AMOUNT OUTSTANDING.— be appropriated as the annual Federal pay- subparagraph (B), each advance made under ‘‘(i) IN GENERAL.—Except as provided in ment to the District of Columbia under title this subsection for the account of the Dis- clause (iii), if the conditions described in H 4056 CONGRESSIONAL RECORD — HOUSE April 3, 1995 clause (ii) are satisfied, each advance made and before October 1, 1997, in the same man- wise appropriated, for the purpose of assist- under this subsection shall be in the amount ner as such conditions apply with respect to ing the District government in meeting its designated by the Mayor in the Mayor’s req- making advances before October 1, 1995, ex- general expenditures, as authorized by Con- uisition for such advance. cept that— gress, at times of seasonal cash-flow defi- ‘‘(ii) CONDITIONS APPLICABLE TO DESIGNATED ‘‘(I) subparagraph (C) (relating to the last ciencies. AMOUNT.— Clause (i) applies if the Mayor de- day on which advances may be made) shall ‘‘(b) CONDITIONS TO MAKING ANY SHORT- termines that the amount designated in the be applied as if the reference to ‘September TERM ADVANCE.—The Secretary shall make Mayor’s requisition for such advance is need- 30, 1995’ were a reference to ‘September 30, an advance under this section if— ed to accomplish the purpose described in 1997’; ‘‘(1) the Mayor delivers to the Secretary a paragraph (1), and the Authority approves ‘‘(II) subparagraph (E) (relating to the Sec- requisition for an advance under this sec- such amount. retary’s determination of reasonable assur- tion; ‘‘(iii) AGGREGATE MAXIMUM AMOUNT OUT- ance of reimbursement from the annual Fed- ‘‘(2) the date on which the requisitioned STANDING.—The sum of the anticipated prin- eral payment appropriated to the District of advance is to be made is in a control period; cipal and interest requirements of all ad- Columbia) shall be applied as if the reference ‘‘(3) the Authority certifies to the Sec- vances made under this paragraph may not to ‘September 30, 1996’ were a reference to retary that— be greater than 60 percent of the fiscal year ‘September 30, 1997’; ‘‘(A) the District government has prepared 1996 limit. ‘‘(III) the Secretary may not make an ad- and submitted a financial plan and budget ‘‘(D) DEPOSIT OF ADVANCES.—As provided in vance under this subsection unless all ad- for the District government; section 204(b) of the District of Columbia Fi- vances made under subsections (b) and (c) ‘‘(B) there is an approved financial plan nancial Responsibility and Management As- are fully reimbursed by withholding from the and budget in effect under the District of Co- sistance Act of 1995, each advance made annual Federal payment appropriated to the lumbia Financial Responsibility and Man- under this subsection for the account of the District of Columbia for the fiscal year end- agement Assistance Act of 1995 for the fiscal District shall be deposited by the Secretary ing September 30, 1997, under title V of the year for which the requisition is to be made; into an escrow account held by the Author- District of Columbia Self-Government and ity. Governmental Reorganization Act, and ap- ‘‘(C) at the time of the Mayor’s requisition for an advance, the District government is in ‘‘(E) FISCAL YEAR 1996 LIMIT DESCRIBED.—In plying toward reimbursement for such ad- this paragraph, the ‘fiscal year 1996 limit’ vances an amount equal to the amount need- compliance with the financial plan and budg- means the amount authorized to be appro- ed to fully reimburse the Treasury for such et; priated to the District of Columbia as the advances; and ‘‘(D) both the receipt of funds from such annual Federal payment to the District of ‘‘(IV) the Secretary may not make an ad- advance and the reimbursement of Treasury Columbia under title V of the District of Co- vance under this subsection unless the Sec- for such advance are consistent with the fi- lumbia Self-Government and Governmental retary has been provided the certifications nancial plan and budget for the year; and Reorganization Act for the fiscal year ending and information described in paragraphs (3) ‘‘(E) such advance will not adversely affect September 30, 1996. through (6) of section 602(b). the financial stability of the District govern- ‘‘(c) TRANSITIONAL SHORT-TERM ADVANCES ‘‘(ii) NEW LATEST PERMISSIBLE MATURITY ment; MADE ON OR AFTER FEBRUARY 1, 1996 AND BE- DATE.—The provisions of subsection (a)(4) ‘‘(4) the Authority certifies to the Sec- FORE OCTOBER 1, 1996.— shall apply with respect to the maturity of retary, at the time of the Mayor’s requisi- ‘‘(1) IN GENERAL.—If the conditions in para- advances made under this subsection, in the tion for an advance, that the District gov- graph (2) are satisfied, the Secretary shall same manner as such provisions apply with ernment is effectively unable to obtain cred- make an advance of funds from time to time, respect to the maturity of advances made be- it in the public credit markets or elsewhere out of any money in the Treasury not other- fore October 1, 1995, except that subpara- in sufficient amounts and on sufficiently wise appropriated, for the same purpose as graph (B) of such subsection (relating to the reasonable terms to meet the District gov- advances are made under subsection (a). latest permissible maturity date) shall apply ernment’s financing needs; ‘‘(2) TERMS AND CONDITIONS.— as if the reference to ‘September 30, 1995’ ‘‘(5) the Inspector General of the District ‘‘(A) IN GENERAL.—Except as provided in were a reference to ‘September 30, 1997’. of Columbia certifies to the Secretary the in- subparagraph (B), subsection (b)(2) shall ‘‘(C) NEW MAXIMUM AMOUNT OUTSTANDING.— formation described in paragraph (3) by pro- apply to any advance made under this sub- ‘‘(i) IN GENERAL.—Except as provided in viding the Secretary with a certification section. clause (iii), if the conditions described in conducted by an outside auditor under a con- ‘‘(B) EXCEPTIONS.—The conditions applica- clause (ii) are satisfied, each advance made tract entered into pursuant to section ble under subsection (b)(2) (other than para- under this subsection shall be in the amount 208(a)(4) of the District of Columbia Procure- graph (2)(B) of subsection (a)) shall apply designated by the Mayor in the Mayor’s req- ment Practices Act of 1985; with respect to making advances on or after uisition for such advance. ‘‘(6) the Secretary receives such additional February 1, 1996, and before October 1, 1996, ‘‘(ii) CONDITIONS APPLICABLE TO DESIGNATED certifications and opinions relating to the fi- in the same manner as such conditions apply AMOUNT.— Clause (i) applies if the Mayor de- nancial position of the District government to making advances under such subsection, termines that the amount designated in the as the Secretary determines to be appro- except that— Mayor’s requisition for such advance is need- priate from such other Federal agencies and ‘‘(i) in applying subparagraph (C) of sub- ed to accomplish the purpose described in instrumentalities as the Secretary deter- section (a)(2) (as described in subsection paragraph (1), and the Authority approves mines to be appropriate; and (b)(2)(B)(i)(I)), the reference to ‘October 1, such amount. ‘‘(7) the Secretary determines that there is 1995’ shall be deemed to be a reference to ‘‘(iii) AGGREGATE MAXIMUM AMOUNT OUT- reasonable assurance of reimbursement for ‘September 30, 1996’; STANDING.—The sum of the anticipated prin- the advance from the amount authorized to ‘‘(ii) subparagraph (C)(iii) of subsection cipal and interest requirements of all ad- be appropriated as the annual Federal pay- (b)(2) shall apply as if the reference to ‘60 vances made under this paragraph may not ment to the District of Columbia under title percent’ were a reference to ‘40 percent’; and be greater than 100 percent of the fiscal year V of the District of Columbia Self-Govern- ‘‘(iii) no advance may be made unless the 1997 limit. ment and Governmental Reorganization Act Secretary has been provided the certifi- ‘‘(iv) FISCAL YEAR 1997 LIMIT DESCRIBED.—In for the fiscal year following the fiscal year cations and information described in para- this subparagraph, the ‘fiscal year 1997 limit’ in which such advance is made. graphs (3) through (6) of section 602(b). means the amount authorized to be appro- ‘‘(c) AMOUNT OF ANY SHORT-TERM AD- ‘‘(d) TRANSITIONAL SHORT-TERM ADVANCES priated to the District of Columbia as the VANCE.— MADE ON OR AFTER OCTOBER 1, 1996 AND BE- annual Federal payment to the District of ‘‘(1) IN GENERAL.—Except as provided in FORE OCTOBER 1, 1997.— Columbia under title V of the District of Co- paragraph (3), if the conditions in paragraph ‘‘(1) IN GENERAL.—If the conditions in para- lumbia Self-Government and Governmental (2) are satisfied, each advance made under graph (2) are satisfied, the Secretary shall Reorganization Act for the fiscal year ending this section shall be in the amount des- make an advance of funds from time to time, September 30, 1997. ignated by the Mayor in the Mayor’s requisi- out of any money in the Treasury not other- ‘‘(D) DEPOSIT OF ADVANCES.—As provided in tion for such advance. wise appropriated, for the same purpose as section 204(b) of the District of Columbia Fi- ‘‘(2) CONDITIONS APPLICABLE TO DESIGNATED advances are made under subsection (a). nancial Responsibility and Management As- AMOUNT.—Paragraph (1) applies if— ‘‘(2) TERMS AND CONDITIONS.— sistance Act of 1995, each advance made ‘‘(A) the Mayor determines that the ‘‘(A) IN GENERAL.—Except as provided in under this subsection for the account of the amount designated in the Mayor’s requisi- subparagraph (B), paragraphs (2), (4), and (5) District shall be deposited by the Secretary tion for such advance is needed to accom- of subsection (a) (other than subparagraphs into an escrow account held by the Author- plish the purpose described in subsection (a); (B) and (F) of paragraph (2)) shall apply to ity. and any advance made under this subsection. ‘‘SEC. 602. SHORT-TERM ADVANCES FOR SEA- ‘‘(B) the Authority— ‘‘(B) EXCEPTIONS.— SONAL CASH-FLOW MANAGEMENT. ‘‘(i) concurs in the Mayor’s determination ‘‘(i) NEW CONDITIONS PRECEDENT TO MAKING ‘‘(a) IN GENERAL.—If the conditions in sub- under subparagraph (A); and ADVANCES.—The conditions described in sub- section (b) are satisfied, the Secretary shall ‘‘(ii) determines that the reimbursement section (a)(2) shall apply with respect to make an advance of funds from time to time, obligation of the District government for an making advances on or after October 1, 1996, out of any money in the Treasury not other- advance made under this section in the April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4057

amount designated in the Mayor’s requisi- ‘‘(b) AUTHORITY TO REQUIRE SPECIFIC SECU- ‘‘(2) WITHHOLD OTHER FEDERAL PAYMENTS.— tion is consistent with the financial plan for RITY.—As security for any advance made If, after the Secretary takes the action de- the year. under this title, the Secretary may require scribed in paragraph (1), the Treasury is not ‘‘(3) MAXIMUM AMOUNT OUTSTANDING.— the District government to— fully reimbursed, the Secretary shall with- ‘‘(A) IN GENERAL.—Notwithstanding para- ‘‘(1) pledge to the Secretary specific taxes hold from each grant, entitlement, loan, or graph (1), the unpaid principal balance of all and revenue of the District government, if other payment to the District government advances made under this section in any fis- such pledging does not cause the District by the Federal Government not dedicated to cal year of the District government shall not government to violate existing laws or con- making entitlement or benefit payments to at any time be greater than 100 percent of tracts; and individuals, and apply toward reimburse- applicable limit. ‘‘(2) establish a debt service reserve fund ment for the payment not made, an amount ‘‘(B) SPECIAL RULE FOR FISCAL YEAR 1997.— pledged to the Secretary. that, when added to the amount withheld The unpaid principal balance of all advances from each other such grant, entitlement, made under this section in fiscal year 1997 of ‘‘SEC. 604. REIMBURSEMENT TO THE TREASURY. loan, or other payment, will be equal to the the District government shall not at any ‘‘(a) REIMBURSEMENT AMOUNT.— amount needed to fully reimburse the Treas- time be greater than the difference be- ‘‘(1) IN GENERAL.—Except as provided in ury for the payment not made. paragraph (2), on any date on which a reim- tween— ‘‘(3) ATTACH AVAILABLE DISTRICT REVE- bursement payment is due to the Treasury ‘‘(i) 150 percent of the applicable limit for NUES.—If, after the Secretary takes the ac- such fiscal year; and under the terms of any advance made under tions described in paragraphs (1) and (2), the ‘‘(ii) the unpaid principal balance of any this title, the District shall pay to the Treas- Treasury is not fully reimbursed, the Sec- advances made under section 601(d). ury the amount of such reimbursement pay- retary shall attach any and all revenues of ‘‘(C) APPLICABLE LIMIT DEFINED.—In this ment out of taxes and revenue collected for the District government which the Secretary paragraph, the ‘applicable limit’ for a fiscal the support of the District government. may lawfully attach, and apply toward reim- year is the amount authorized under title V ‘‘(2) EXCEPTIONS FOR TRANSITIONAL AD- bursement for the payment not made, an of the District of Columbia Self-Government VANCES.— amount equal to the amount needed to fully and Governmental Reorganization Act for ‘‘(A) ADVANCES MADE BEFORE OCTOBER 1, reimburse the Treasury for the payment not appropriation as the Federal payment to the 1995.— made. ‘‘(i) FINANCIAL PLAN AND BUDGET AP- District of Columbia for the fiscal year fol- ‘‘(4) TAKE OTHER ACTIONS.—If, after the lowing the fiscal year in which the advance PROVED.—If the Authority approves a finan- Secretary takes the actions described in is made. cial plan for the District government before paragraphs (1) through (3), the Treasury is ‘‘(d) MATURITY OF ANY SHORT-TERM AD- October 1, 1995, the District government may not fully reimbursed, the Secretary shall VANCE.— use the proceeds of any advance made under take any and all other actions permitted by ‘‘(1) IN GENERAL.—Except as provided in section 602 to discharge its obligation to re- law to recover from the District government paragraph (3), if the condition in paragraph imburse the Treasury for any advance made the amount needed to fully reimburse the (2) is satisfied, each advance made under this under section 601(a). Treasury for the payment not made. section shall mature on the date designated ‘‘(ii) FINANCIAL PLAN AND BUDGET NOT AP- by the Mayor in the Mayor’s requisition for PROVED.—If the Authority has not approved ‘‘SEC. 605. DEFINITIONS. such advance. a financial plan and budget for the District ‘‘For purposes of this title— ‘‘(2) CONDITION APPLICABLE TO DESIGNATED government by October 1, 1995, the annual ‘‘(1) the term ‘Authority’ means the Dis- MATURITY.—Paragraph (1) applies if the Au- Federal payment appropriated to the Dis- trict of Columbia Financial Responsibility thority determines that the reimbursement trict government for the fiscal year ending and Management Assistance Authority es- obligation of the District government for an September 30, 1996, shall be withheld and ap- tablished under section 101(a) of the District advance made under this section having the plied to discharge the District government’s of Columbia Financial Responsibility and maturity date designated in the Mayor’s req- obligation to reimburse the Treasury for any Management Assistance Act of 1995; uisition is consistent with the financial plan advance made under section 601(a). ‘‘(2) the term ‘control period’ has the for the year. ‘‘(B) ADVANCES MADE ON OR AFTER OCTOBER meaning given such term under section 305(4) ‘‘(3) LATEST PERMISSIBLE MATURITY DATE.— 1, 1995.— of such Act; Notwithstanding paragraph (1), the maturity ‘‘(i) FINANCIAL PLAN AND BUDGET AP- ‘‘(3) the term ‘District government’ has the date for any advance made under this section PROVED.—If the Authority approves a finan- meaning given such term under section 305(5) shall not be later than 11 months after the cial plan and budget for the District govern- of such Act; date on which such advance is made. ment during fiscal year 1996, the District ‘‘(4) the term ‘financial plan and budget’ ‘‘(e) INTEREST RATE.—Each advance made may use the proceeds of any advance made has the meaning given such term under sec- under this section shall bear interest at an under section 602 to discharge its obligation tion 305(6) of such Act; and annual rate equal to a rate determined by to reimburse the Treasury for any advance ‘‘(5) the term ‘Secretary’ means the Sec- the Secretary at the time that the Secretary made under section 601(b). retary of the Treasury.’’. makes such advance taking into consider- ‘‘(ii) FINANCIAL PLAN AND BUDGET NOT AP- (d) EXPENDITURE OF FUNDS FROM ACCOUNT ation the prevailing yield on outstanding PROVED.—If the Authority has not approved IN ACCORDANCE WITH AUTHORITY INSTRUC- marketable obligations of the United States a financial plan and budget for the District TIONS.—Any funds allocated by the Author- with remaining periods to maturity com- government by October 1, 1996, the annual ity to the Mayor from the escrow account parable to the maturity of such advance, Federal payment appropriated to the Dis- described in subsection (b)(1) may be ex- plus 1⁄8 of 1 percent. trict government for the fiscal year ending pended by the Mayor only in accordance ‘‘(f) 10 BUSINESS-DAY ZERO BALANCE RE- September 30, 1997, shall be withheld and ap- with the terms and conditions established by QUIREMENT.—After the expiration of the 12- plied to discharge the District government’s the Authority at the time the funds are allo- month period beginning on the date on which obligation to reimburse the Treasury for any cated. the first advance is made under this section, advance made under section 601(b). (e) PROHIBITION AGAINST BORROWING WHILE the Secretary shall not make any new ad- ‘‘(b) REMEDIES FOR FAILURE TO REIM- SUIT PENDING.—The Mayor may not requisi- vance under this section unless the District BURSE.—If, on any date on which a reim- tion advances from the Treasury pursuant to government has— bursement payment is due to the Treasury title VI of the District of Columbia Revenue ‘‘(1) reduced to zero at the same time the under the terms of any advance made under Act of 1939 if there is an action filed by the principal balance of all advances made under this title, the District government does not Mayor or the Council which is pending this section at least once during the previous make such reimbursement payment, the Sec- against the Authority challenging the estab- 12-month period; and retary shall take the actions listed in this lishment of or any action taken by the Au- ‘‘(2) not requisitioned any advance to be subsection. thority. made under this section in any of the 10 busi- ‘‘(1) WITHHOLD ANNUAL FEDERAL PAYMENT.— SEC. 205. DEPOSIT OF ANNUAL FEDERAL PAY- ness days following such reduction. Notwithstanding any other law, before turn- MENT WITH AUTHORITY. ‘‘(g) DEPOSIT OF ADVANCES.—As provided in ing over to the Authority (on behalf of the (a) IN GENERAL.— section 204(b) of the District of Columbia Fi- District government under section 205 of the (1) DEPOSIT INTO ESCROW ACCOUNT.—In the nancial Responsibility and Management As- District of Columbia Financial Responsibil- case of a fiscal year which is a control year, sistance Act of 1995, advances made under ity and Management Assistance Act of 1995) the Secretary of the Treasury shall deposit this section for the account of the District any annual Federal payment appropriated to the annual Federal payment to the District government shall be deposited by the Sec- the District government for any fiscal year of Columbia for the year authorized under retary into an escrow account held by the under title V of the District of Columbia title V of the District of Columbia Self-Gov- Authority. Self-Government and Governmental Reorga- ernment and Governmental Reorganization ‘‘SEC. 603. SECURITY FOR ADVANCES. nization Act (if any), the Secretary shall Act into an escrow account held by the Au- ‘‘(a) IN GENERAL.—The Secretary shall re- withhold from such annual Federal payment, thority, which shall allocate the funds to the quire the District government to provide and apply toward reimbursement for the Mayor at such intervals and in accordance such security for any advance made under payment not made, an amount equal to the with such terms and conditions as it consid- this title as the Secretary determines to be amount needed to fully reimburse the Treas- ers appropriate to implement the financial appropriate. ury for the payment not made. plan for the year. In establishing such terms H 4058 CONGRESSIONAL RECORD — HOUSE April 3, 1995 and conditions, the Authority shall give pri- the President, the Secretary of the Treasury, Council (whichever has the authority to ority to using the Federal payment for cash and Congress that the District government is adopt the recommendation) shall submit a flow management and the payment of out- at variance with the financial plan and budg- statement to the Authority, the President, standing bills owed by the District govern- et unless the District government adopts or and Congress which provides notice as to ment. implements remedial action (including revis- whether the District government will adopt (2) EXCEPTION FOR AMOUNTS WITHHELD FOR ing the financial plan and budget pursuant the recommendations. ADVANCES.—Paragraph (1) shall not apply to section 202(e)) to correct the inconsist- (2) IMPLEMENTATION PLAN REQUIRED FOR with respect to any portion of the Federal ency which the Authority finds reasonable ADOPTED RECOMMENDATIONS.—If the Mayor or payment which is withheld by the Secretary and appropriate, taking into account the the Council (whichever is applicable) notifies of the Treasury in accordance with section terms of the financial plan and budget. the Authority and Congress under paragraph 604 of title VI of the District of Columbia (d) EFFECT OF CERTIFICATION.—If the Au- (1) that the District government will adopt Revenue Act of 1939 (as added by section thority certifies to the Secretary of the any of the recommendations submitted 204(c)) to reimburse the Secretary for ad- Treasury that a variance exists— under subsection (a), the Mayor or the Coun- vances made under title VI of such Act. (1) the Authority may withhold any funds cil (whichever is applicable) shall include in (b) EXPENDITURE OF FUNDS FROM ACCOUNT deposited with the Authority under section the statement a written plan to implement IN ACCORDANCE WITH AUTHORITY INSTRUC- 204(b) or section 205(a) which would other- the recommendation which includes— TIONS.—Any funds allocated by the Author- wise be expended on behalf of the District (A) specific performance measures to de- ity to the Mayor from the escrow account government; and termine the extent to which the District described in paragraph (1) may be expended (2) the Secretary shall withhold funds oth- government has adopted the recommenda- by the Mayor only in accordance with the erwise payable to the District of Columbia tion; and terms and conditions established by the Au- under such Federal programs as the Author- (B) a schedule for auditing the District thority at the time the funds are allocated. ity may specify (other than funds dedicated government’s compliance with the plan. SEC. 206. EFFECT OF FINDING OF NON-COMPLI- to making entitlement or benefit payments (3) EXPLANATIONS REQUIRED FOR REC- ANCE WITH FINANCIAL PLAN AND to individuals), in such amounts and under OMMENDATIONS NOT ADOPTED.—If the Mayor BUDGET. such other conditions as the Authority may or the Council (whichever is applicable) noti- (a) SUBMISSION OF REPORTS.—Not later specify. fies the Authority, the President, and Con- than 30 days after the expiration of each SEC. 207. RECOMMENDATIONS ON FINANCIAL gress under paragraph (1) that the District quarter of each fiscal year (beginning with STABILITY AND MANAGEMENT RE- government will not adopt any recommenda- fiscal year 1996), the Mayor shall submit re- SPONSIBILITY. tion submitted under subsection (a) which ports to the Authority describing the actual (a) IN GENERAL.—The Authority may at the District government has authority to revenues obtained and expenditures made by any time submit recommendations to the adopt, the Mayor or the Council shall in- the District government during the quarter Mayor, the Council, the President, and Con- clude in the statement explanations for the with its cash flows during the quarter, and gress on actions the District government or rejection of the recommendations. comparing such actual revenues, expendi- the Federal Government may take to ensure (c) IMPLEMENTATION OF REJECTED REC- tures, and cash flows with the most recent compliance by the District government with OMMENDATIONS BY AUTHORITY.— projections for these items. a financial plan and budget or to otherwise (1) IN GENERAL.—If the Mayor or the Coun- (b) DEMAND FOR ADDITIONAL INFORMA- promote the financial stability, management cil (whichever is applicable) notifies the Au- TION.—If the Authority determines, based on responsibility, and service delivery effi- thority, the President, and Congress under reports submitted by the Mayor under sub- ciency of the District government, including subsection (b)(1) that the District govern- section (a), independent audits, or such other recommendations relating to— ment will not adopt any recommendation information as the Authority may obtain, (1) the management of the District govern- submitted under subsection (a) which the that the revenues or expenditures of the Dis- ment’s financial affairs, including cash fore- District government has authority to adopt, trict government during a control year are casting, information technology, placing the Authority may by a majority vote of its not consistent with the financial plan and controls on expenditures for personnel, re- members take such action concerning the budget for the year, the Authority shall re- ducing benefit costs, reforming procurement recommendation as it deems appropriate, quire the Mayor to provide such additional practices, and placing other controls on ex- after consulting with the Committee on Gov- information as the Authority determines to penditures; ernment Reform and Oversight of the House be necessary to explain the inconsistency. (2) the relationship between the District of Representatives and the Committee on (c) CERTIFICATION OF VARIANCE.— government and the Federal Government; Governmental Affairs of the Senate. (1) IN GENERAL.—After requiring the Mayor (3) the structural relationship of depart- (2) EFFECTIVE DATE.—This subsection shall to provide additional information under sub- ments, agencies, and independent agencies apply with respect to recommendations of section (b), the Authority shall certify to the within the District government; the Authority made after the expiration of Council, the President, the Secretary of the (4) the modification of existing revenue the 6-month period which begins on the date Treasury, and Congress that the District structures, or the establishment of addi- of the enactment of this Act. government is at variance with the financial tional revenue structures; plan and budget unless— (5) the establishment of alternatives for SEC. 208. SPECIAL RULES FOR FISCAL YEAR 1996. (A)(i) the additional information provides meeting obligations to pay for the pensions (a) ADOPTION OF TRANSITION BUDGET.—Not- an explanation for the inconsistency which of former District government employees; withstanding any provision of section 202 to the Authority finds reasonable and appro- (6) modifications or transfers of the types the contrary, in the case of fiscal year 1996, priate, or of services which are the responsibility of the following rules shall apply: (ii) the District government adopts or im- and are delivered by the District govern- (1) Not later than 45 days after the appoint- plements remedial action (including revising ment; ment of its members, the Authority shall re- the financial plan and budget pursuant to (7) modifications of the types of services view the proposed budget for the District of section 202(e)) to correct the inconsistency which are delivered by entities other than Columbia for such fiscal year submitted to which the Authority finds reasonable and ap- the District government under alternative Congress under section 446 of the District of propriate, taking into account the terms of service delivery mechanisms (including pri- Columbia Self-Government and Govern- the financial plan and budget; and vatization and commercialization); mental Reorganization Act (taking into ac- (B) the Mayor agrees to submit the reports (8) the effects of District of Columbia laws count any items or provisions disapproved by described in subsection (a) on a monthly and court orders on the operations of the the Mayor or disapproved by the Mayor and basis for such period as the Authority may District government; reenacted by the Council under section 404(f) require. (9) the establishment of a personnel system of the District of Columbia Self-Government (2) SPECIAL RULE FOR INCONSISTENCIES AT- for employees of the District government and Governmental Reorganization Act, as TRIBUTABLE TO ACTS OF CONGRESS.— which is based upon employee performance amended by section 202(f)(2)) and the (A) DETERMINATION BY AUTHORITY.—If the standards; and multiyear plan for the District of Columbia Authority determines that the revenues or (10) the improvement of personnel training prepared pursuant to section 443 of the Dis- expenditures of the District government dur- and proficiency, the adjustment of staffing trict of Columbia Self-Government and Gov- ing a control year are not consistent with levels, and the improvement of training and ernmental Reorganization Act, and shall the financial plan and budget for the year as performance of management and supervisory submit any recommendations for modifica- approved by the Authority under section 202 personnel. tions to such financial plan and budget to as a result of the terms and conditions of the (b) RESPONSE TO RECOMMENDATIONS FOR AC- promote the financial stability of the Dis- budget of the District government for the TIONS WITHIN AUTHORITY OF DISTRICT GOV- trict government to the Mayor, the Council, year as enacted by Congress or as a result of ERNMENT.— the President, and Congress. any other law enacted by Congress which af- (1) IN GENERAL.—In the case of any rec- (2) Not later than 15 days after receiving fects the District of Columbia, the Authority ommendations submitted under subsection the recommendations of the Authority sub- shall so notify the Mayor. (a) during a control year which are within mitted under paragraph (1), the Council (in (B) CERTIFICATION.—In the case of an in- the authority of the District government to consultation with the Mayor) shall promptly consistency described in subparagraph (A), adopt, not later than 90 days after receiving adopt a revised budget for the fiscal year (in the Authority shall certify to the Council, the recommendations, the Mayor or the this section referred to as the ‘‘transition April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4059 budget’’), and shall submit the transition vances to the Mayor under title VI of the funds for the use of the District government, budget to the Authority, the President, and District of Columbia Revenue Act of 1939 in such amounts and in such manner as the Congress. from the escrow account in which the funds Authority considers appropriate. (3) Not later than 15 days after receiving are held. (2) SPECIAL RULE FOR INSTRUMENTALITIES the transition budget from the Council under SEC. 209. CONTROL PERIODS DESCRIBED. WITH INDEPENDENT BORROWING AUTHORITY.—In paragraph (2), the Authority shall submit a (a) INITIATION.—For purposes of this Act, a the case of an agency or instrumentality of report to the Mayor, the Council, the Presi- ‘‘control period’’ is initiated upon the occur- the District government which under law has dent, and Congress analyzing the budget rence of any of the following events (as de- the authority to issue bonds, notes, or obli- (taking into account any items or provisions termined by the Authority based upon infor- gations to borrow funds without the enact- disapproved by the Mayor or disapproved by mation obtained through the Mayor, the In- ment of an Act of the Council, the Authority the Mayor and reenacted by the Council spector General of the District of Columbia, may issue bonds, notes, or other obligations under section 404(f) of the District of Colum- or such other sources as the Authority con- to borrow funds for the use or functions of bia Self-Government and Governmental Re- siders appropriate): such agency or instrumentality at the re- organization Act, as amended by section (1) The requisitioning by the Mayor of ad- quest of the head of the agency or instru- 202(f)(2)), and shall include in the report such vances from the Treasury of the United mentality. recommendations for revisions to the transi- States under title VI of the District of Co- (b) DEPOSIT OF FUNDS OBTAINED THROUGH tion budget as the Authority considers ap- lumbia Revenue Act of 1939 (sec. 47–3401, D.C. BORROWING WITH AUTHORITY.—Any funds ob- propriate to promote the financial stability Code), or the existence of any unreimbursed tained by the District government through of the District government during the fiscal amounts obtained pursuant to such author- borrowing by the Authority pursuant to this year. ity. subtitle shall be deposited into an escrow ac- (b) FINANCIAL PLAN AND BUDGET.— (2) The failure of the District government count held by the Authority, which shall al- (1) DEADLINE FOR SUBMISSION.—For pur- to provide sufficient revenue to a debt serv- locate such funds to the District government poses of section 202, the Mayor shall submit ice reserve fund of the Authority under sub- in such amounts and at such times as the the financial plan and budget for fiscal year title B. Authority considers appropriate, consistent 1996 as soon as practicable after the date of (3) The default by the District government with the specified purposes of such funds and the enactment of this Act (in accordance with respect to any loans, bonds, notes, or the applicable financial plan and budget with guidelines established by the Author- other form of borrowing. under subtitle A. ity). (4) The failure of the District government (c) USES OF FUNDS OBTAINED THROUGH (2) ADOPTION BY COUNCIL.—In accordance to meet its payroll for any pay period. BONDS.—Any funds obtained through the is- with the procedures applicable under section (5) The existence of a cash deficit of the suance of bonds, notes, or other obligations 202 (including procedures providing for re- District government at the end of any quar- pursuant to this subtitle may be used for any view by the Authority)— ter of the fiscal year in excess of the dif- purpose (consistent with the applicable fi- (A) the Council shall adopt the financial ference between the estimated revenues of nancial plan and budget) under subtitle A for plan and budget for the fiscal year (including the District government and the estimated which the District government may use bor- the supplemental budget incorporated in the expenditures of the District government (in- rowed funds under the District of Columbia financial plan and budget) prior to the sub- cluding repayments of temporary borrow- Self-Government and Governmental Reorga- mission by the Mayor of the financial plan ings) during the remainder of the fiscal year nization Act and for any other purpose which and budget for fiscal year 1997 under section or the remainder of the fiscal year together the Authority considers appropriate. 202(a); and with the first 6 months of the succeeding fis- (B) the financial plan and budget adopted cal year (as determined by the Authority in SEC. 212. PLEDGE OF SECURITY INTEREST IN by the Council (and, in the case of a financial consultation with the Chief Financial Officer REVENUES OF DISTRICT GOVERN- MENT. plan and budget disapproved by the Author- of the District of Columbia). (a) IN GENERAL.—The Authority may ity, together with the financial plan and (6) The failure of the District government pledge or grant a security interest in reve- budget approved and recommended by the to make required payments relating to pen- nues to individuals or entities purchasing Authority) shall be submitted to Congress sions and benefits for current and former em- bonds, notes, or other obligations issued pur- (in accordance with the procedures applica- ployees of the District government. suant to this subtitle. ble under such section) as a supplemental (7) The failure of the District government (b) DEDICATION OF REVENUE STREAM FROM budget request for fiscal year 1996 (in accord- to make required payments to any entity es- DISTRICT GOVERNMENT.—The Authority shall ance with section 446 of the District of Co- tablished under an interstate compact to require the Mayor— lumbia Self-Government and Governmental which the District of Columbia is a signa- (1) to pledge or direct taxes or other reve- Reorganization Act). tory. (b) TERMINATION.— nues otherwise payable to the District gov- (3) TRANSITION BUDGET AS TEMPORARY FI- (1) IN GENERAL.—A control period termi- ernment (which are not otherwise pledged or NANCIAL PLAN AND BUDGET.—Until the ap- committed), including payments from the proval of the financial plan and budget for nates upon the certification by the Author- Federal Government, to the Authority for fiscal year 1996 by the Authority under this ity that— purposes of securing repayment of bonds, subsection, the transition budget established (A) the District government has adequate notes, or other obligations issued pursuant under subsection (a) (as enacted by Congress) access to both short-term and long-term to this subtitle; and shall serve as the financial plan and budget credit markets at reasonable interest rates (2) to transfer the proceeds of any tax lev- adopted under this subtitle for purposes of to meet its borrowing needs; and ied for purposes of securing such bonds, this Act (and any provision of law amended (B) for 4 consecutive fiscal years (occurring notes, or other obligations to the Authority by this Act) for fiscal year 1996. after the date of the enactment of this Act) the expenditures made by the District gov- immediately upon collection. (c) RESTRICTIONS ON ADVANCES FROM ernment during each of the years did not ex- TREASURY.— SEC. 213. ESTABLISHMENT OF DEBT SERVICE RE- ceed the revenues of the District government (1) MONTHLY DETERMINATION OF PROGRESS SERVE FUND. during such years (as determined in accord- TOWARD FINANCIAL PLAN AND BUDGET.—Dur- (a) IN GENERAL.—As a condition for the is- ing each month of fiscal year 1996 prior to ance with generally accepted accounting suance of bonds, notes, or other obligations the adoption of the financial plan and budg- principles, as contained in the comprehen- pursuant to this subtitle, the Authority shall et, the Authority shall determine whether sive annual financial report for the District establish a debt service reserve fund in ac- the District government is making appro- of Columbia under section 448(a)(4) of the cordance with this section. District of Columbia Self-Government and priate progress in preparing and adopting a (b) REQUIREMENTS FOR FUND.— Governmental Reorganization Act). financial plan and budget for the fiscal year (1) FUND DESCRIBED.—A debt service re- under this subtitle. (2) CONSULTATION WITH INSPECTOR GEN- serve fund established by the Authority pur- ERAL.—In making the determination under (2) CERTIFICATION.—The Authority shall suant to this subsection shall consist of such provide the President and Congress with a this subsection, the Authority shall consult funds as the Authority may make available, certification if the Authority finds that the with the Inspector General of the District of and shall be a trust fund held for the benefit District government is not making appro- Columbia. and security of the obligees of the Authority priate progress in developing the financial (c) CONTROL PERIOD DEEMED TO EXIST UPON whose bonds, notes, or other obligations are plan and budget for a month, and shall no- ENACTMENT.—For purposes of this subtitle, a secured by such fund. control period is deemed to exist upon the tify the President and Congress that the cer- (2) USES OF FUNDS.—Amounts in a debt tification is no longer in effect if the Author- enactment of this Act. service reserve fund may be used solely for ity finds that the District government is Subtitle B—Issuance of Bonds the payment of the principal of bonds se- making such progress after the certification SEC. 211. AUTHORITY TO ISSUE BONDS. cured in whole or in part by such fund, the is provided. (a) IN GENERAL.— purchase or redemption of such bonds, the (3) PROHIBITION AGAINST ALLOCATION OF AD- (1) REQUEST OF MAYOR.—Subject to the re- payment of interest on such bonds, or the VANCES IF CERTIFICATION IN EFFECT.—At any quirements of this subtitle, the Authority payment of any redemption premium re- time during which a certification under may at the request of the Mayor pursuant to quired to be paid when such bonds and notes paragraph (2) is in effect, Authority may not an Act of the Council issue bonds, notes, or are redeemed prior to maturity. allocate any funds obtained through ad- other obligations to borrow funds to obtain (3) RESTRICTIONS ON WITHDRAWALS.— H 4060 CONGRESSIONAL RECORD — HOUSE April 3, 1995

(A) IN GENERAL.—Amounts in a debt serv- Council under section 446 of the District of (1) IN GENERAL.—The Authority shall re- ice reserve fund may not be withdrawn from Columbia Self-Government and Govern- view each report prepared and submitted by the fund at any time in an amount that mental Reorganization Act for each fiscal the Mayor under section 456 of the District would reduce the amount of the fund to less year occurring during such period. of Columbia Self-Government and Govern- than the minimum reserve fund requirement (2) At such time prior to the enactment of mental Reorganization Act (as added by sec- established for such fund in the resolution of such budget by Congress as the Authority tion 3(a) of the Federal Payment Reauthor- the Authority creating such fund, except for considers appropriate, the Authority shall ization Act of 1994), and shall submit a re- withdrawals for the purpose of making pay- prepare a report analyzing the budget and port to Congress analyzing the completeness ments when due of principal, interest, re- submit the report to the Mayor, the Council, and accuracy of such reports. demption premiums and sinking fund pay- the President, and Congress. (2) SUBMISSION OF REPORTS BY MAYOR.—Sec- ments, if any, with respect to such bonds for (3) The Authority shall monitor the finan- tion 456 of the District of Columbia Self-Gov- the payment of which other moneys of the cial status of the District government and ernment and Governmental Reorganization Authority are not available, and for the pur- shall submit reports to the Mayor, the Coun- Act, as added by section 3(a) of the Federal pose of funding the operations of the Author- cil, the President, and Congress if the Au- Payment Reauthorization Act of 1994, is ity for a fiscal year (in such amounts and thority determines that a risk exists that a amended by adding at the end the following under such conditions as are established control period may be initiated pursuant to new subsection: under the budget of the Authority for the fis- section 209(a). ‘‘(e) SUBMISSION OF REPORTS TO DISTRICT OF cal year under section 106(a)). (4) The Authority shall carry out activities COLUMBIA FINANCIAL RESPONSIBILITY AND (B) USE OF EXCESS FUNDS.—Nothing in sub- under subtitle B with respect to bonds, MANAGEMENT ASSISTANCE AUTHORITY.—In paragraph (A) may be construed to prohibit notes, or other obligations of the Authority the case of any report submitted by the the Authority from transferring any income outstanding during such period. Mayor under this section for a fiscal year (or or interest earned by, or increments to, any (b) REQUIRING MAYOR TO SUBMIT BUDGETS any quarter of a fiscal year) which is a con- debt service reserve fund due to the invest- TO AUTHORITY.—With respect to the budget trol year under the District of Columbia Fi- ment thereof to other funds or accounts of for each fiscal year occurring during the pe- nancial Responsibility and Management As- the Authority (to the extent such transfer riod described in subsection (a), at the time sistance Act of 1995, the Mayor shall submit does not reduce the amount of the debt serv- the Mayor submits the budget of the District the report to the District of Columbia Finan- ice reserve fund below the minimum reserve government adopted by the Council to the cial Responsibility and Management Assist- fund requirement established for such fund) President under section 446 of the District of ance Authority established under section for such purposes as the Authority considers Columbia Self-Government and Govern- 101(a) of such Act in addition to any other appropriate to promote the financial stabil- mental Reorganization Act, the Mayor shall individual to whom the Mayor is required to ity and management efficiency of the Dis- submit such budget to the Authority. submit the report under this section.’’. trict government. SEC. 222. GENERAL ASSISTANCE IN ACHIEVING (c) COMMENTS REGARDING ACTIVITIES OF SEC. 214. OTHER REQUIREMENTS FOR ISSUANCE FINANCIAL STABILITY AND MANAGE- DISTRICT GOVERNMENT.—At any time during OF BONDS. MENT EFFICIENCY. a control year, the Authority may submit a (a) MINIMUM DEBT SERVICE RESERVE FUND In addition to any other actions described report to Congress describing any action REQUIREMENT.—The Authority may not at in this title, the Authority may undertake taken by the District government (or any any time issue bonds, notes, or other obliga- cooperative efforts to assist the District gov- failure to act by the District government) tions pursuant to this subtitle which are se- ernment in achieving financial stability and which the Authority determines will ad- cured in whole or in part by a debt service management efficiency, including— versely affect the District government’s abil- reserve fund under section 213 if issuance of (1) assisting the District government in ity to comply with an approved financial such bonds would cause the amount in the avoiding defaults, eliminating and liquidat- plan and budget under subtitle A or will oth- debt reserve fund to fall below the minimum ing deficits, maintaining sound budgetary erwise have a significant adverse impact on reserve requirement for such fund, unless the practices, and avoiding interruptions in the the best interests of the District of Colum- Authority at the time of issuance of such delivery of services; bia. bonds shall deposit in the fund an amount (2) assisting the District government in (d) REPORTS ON EFFECT OF FEDERAL LAWS (from the proceeds of the bonds to be issued improving the delivery of municipal services, ON DISTRICT GOVERNMENT.—At any time dur- or from other sources) which when added to the training and effectiveness of personnel of ing any year, the Authority may submit a the amount already in such fund will cause the District government, and the efficiency report to the Mayor, the Council, the Presi- the total amount on deposit in such fund to of management and supervision; and dent, and Congress on the effect of laws en- equal or exceed the minimum reserve fund (3) making recommendations to the Presi- acted by Congress on the financial plan and requirement established by the Authority at dent for transmission to Congress on changes budget for the year and on the financial sta- the time of the establishment of the fund. to this Act or other Federal laws, or other bility and management efficiency of the Dis- (b) AMOUNTS INCLUDED IN AGGREGATE LIMIT actions of the Federal Government, which trict government in general. ON DISTRICT BORROWING.—Any amounts pro- would assist the District government in com- (e) MAKING REPORTS PUBLICLY AVAIL- vided to the District government through plying with an approved financial plan and ABLE.—The Authority shall make any report the issuance of bonds, notes, or other obliga- budget under subtitle A. submitted under this section available to the tions to borrow funds pursuant to this sub- SEC. 223. OBTAINING REPORTS. public, except to the extent that the Author- title shall be taken into account in deter- The Authority may require the Mayor, the ity determines that the report contains con- mining whether the amount of funds bor- Chair of the Council, the Chief Financial Of- fidential material. rowed by the District of Columbia during a ficer of the District of Columbia, and the In- TITLE III—MISCELLANEOUS PROVISIONS fiscal year exceeds the limitation on such spector General of the District of Columbia, amount provided under section 603(b) of the to prepare and submit such reports as the SEC. 301. OTHER DISTRICT BUDGET REFORMS. District of Columbia Self-Government and Authority considers appropriate to assist it (a) INCLUSION OF ALL FUNDS OF DISTRICT IN Governmental Reorganization Act. in carrying out its responsibilities under this BUDGET OF DISTRICT GOVERNMENT.— SEC. 215. NO FULL FAITH AND CREDIT OF THE Act, including submitting copies of any re- (1) IN GENERAL.—Section 103 of the District UNITED STATES. ports regarding revenues, expenditures, of Columbia Self-Government and Govern- The full faith and credit of the United budgets, costs, plans, operations, estimates, mental Reorganization Act (sec. 1–202, D.C. States is not pledged for the payment of any and other financial or budgetary matters of Code) is amended— principal of or interest on any bond, note, or the District government. (A) by amending paragraph (10) to read as other obligation issued by the Authority SEC. 224. REPORTS AND COMMENTS. follows: pursuant to this subtitle. The United States (a) ANNUAL REPORTS TO CONGRESS.—Not ‘‘(10) The term ‘District revenues’ means is not responsible or liable for the payment later than 30 days after the last day of each all funds derived from taxes, fees, charges, of any principal of or interest on any bond, fiscal year which is a control year, the Au- miscellaneous receipts, the annual Federal note, or other obligation issued by the Au- thority shall submit a report to Congress de- payment to the District authorized under thority pursuant to this subtitle. scribing— title V, grants and other forms of financial Subtitle C—Other Duties of Authority (1) the progress made by the District gov- assistance, or the sale of bonds, notes, or SEC. 221. DUTIES OF AUTHORITY DURING YEAR ernment in meeting the objectives of this other obligations, and any funds adminis- OTHER THAN CONTROL YEAR. Act during the fiscal year; tered by the District government under cost (a) IN GENERAL.—During the period begin- (2) the assistance provided by the Author- sharing arrangements.’’; ning upon the termination of a control pe- ity to the District government in meeting (B) by amending paragraph (14) to read as riod pursuant to section 209(b) and ending the purposes of this Act for the fiscal year; follows: with the suspension of its activities pursuant and ‘‘(14) The term ‘resources’ means revenues, to section 107(a), the Authority shall conduct (3) any other activities of the Authority balances, enterprise or other revolving funds, the following activities: during the fiscal year. and funds realized from borrowing.’’; and (1) The Authority shall review the budgets (b) REVIEW AND ANALYSIS OF PERFORMANCE (C) by amending paragraph (15) to read as of the District government adopted by the AND FINANCIAL ACCOUNTABILITY REPORTS.— follows: April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4061

‘‘(15) The term ‘budget’ means the entire Chief Financial Officer of the District of Co- ‘‘(c) FUNCTIONS DURING CONTROL YEAR.— request for appropriations or loan or spend- lumbia (hereafter referred to as the ‘Chief During a control year, the Chief Financial ing authority for all activities of all depart- Financial Officer’). Officer shall have the following duties: ments or agencies of the District of Colum- ‘‘(2) OFFICE OF THE TREASURER.—The Office ‘‘(1) Preparing the financial plan and budg- bia financed from all existing, proposed or shall include the Office of the Treasurer, et for the use of the Mayor for purposes of anticipated resources, and shall include both which shall be headed by the Treasurer of subtitle A of title II of the District of Colum- operating and capital expenditures.’’. the District of Columbia, who shall be ap- bia Financial Responsibility and Manage- (2) EFFECTIVE DATE.—The amendments pointed by the Chief Financial Officer and ment Assistance Act of 1995. made by paragraph (1) shall apply with re- subject to the Chief Financial Officer’s direc- ‘‘(2) Preparing the budgets of the District spect to revenues, resources, and budgets of tion and control. of Columbia for the year for the use of the the District of Columbia for fiscal years be- ‘‘(3) TRANSFER OF OTHER OFFICES.—Effec- Mayor for purposes of part D. ginning with fiscal year 1996. tive with the appointment of the first Chief ‘‘(3) Assuring that all financial informa- (b) RESTRICTIONS ON REPROGRAMMING OF Financial Officer under subsection (b), the tion presented by the Mayor is presented in FUNDS.— functions and personnel of the following of- a manner, and is otherwise consistent with, (1) IN GENERAL.—Section 446 of such Act fices are transferred to the Office: the requirements of the District of Columbia (sec. 47–304, D.C. Code) is amended by adding ‘‘(A) The Controller of the District of Co- Financial Responsibility and Management at the end the following: ‘‘After the adoption lumbia. Assistance Act of 1995. of the annual budget for a fiscal year (begin- ‘‘(B) The Office of the Budget. ‘‘(4) Implementing appropriate procedures ning with the annual budget for fiscal year ‘‘(C) The Office of Financial Information and instituting such programs, systems, and 1995), no reprogramming of amounts in the Services. personnel policies within the Officer’s au- budget may occur unless the Mayor submits ‘‘(D) The Department of Finance and Reve- thority, to ensure that budget, accounting to the Council a request for such nue. and personnel control systems and struc- reprogramming and the Council approves the ‘‘(4) SERVICE OF HEADS OF OTHER OFFICES.— tures are synchronized for budgeting and request, but only if any additional expendi- ‘‘(A) OFFICE HEADS APPOINTED BY MAYOR.— control purposes on a continuing basis. tures provided under such request for an ac- With respect to the head of the Office of the ‘‘(5) With the approval of the Authority, tivity are offset by reductions in expendi- Budget and the head of the Department of preparing and submitting to the Mayor and tures for another activity.’’. Finance and Revenue— the Council— (2) CONFORMING AMENDMENT.—Section 5 of ‘‘(i) the Mayor shall appoint such individ- ‘‘(A) annual estimates of all revenues of D.C. Law 3–100 (sec. 47–364, D.C. Code) is here- uals with the advice and consent of the the District of Columbia (without regard to by repealed. Council, subject to the approval of the Au- the source of such revenues), including pro- (c) PERMITTING COUNCIL TO REQUEST BUDG- thority during a control year; and posed revenues, which shall be binding on ET ADJUSTMENTS FROM MAYOR.—Section 442 ‘‘(ii) during a control year, the Authority the Mayor and the Council for purposes of of the District of Columbia Self-Government may remove such individuals from office for and Governmental Reorganization Act (sec. cause, after consultation with the Mayor. preparing and submitting the budget of the District government for the year under part 47–301, D.C. Code) is amended by adding at ‘‘(B) OFFICE HEADS APPOINTED BY CHIEF FI- D, except that the Mayor and the Council the end the following new subsection: NANCIAL OFFICER.—With respect to the Con- ‘‘(d) The Mayor shall prepare and submit troller of the District of Columbia and the may prepare the budget based on estimates to the Council a proposed supplemental or head of the Office of Financial Information of revenues which are lower than those pre- deficiency budget recommendation under Services— pared by the Chief Financial Officer; and subsection (c) if the Council by resolution re- ‘‘(i) the Chief Financial Officer shall ap- ‘‘(B) quarterly re-estimates of the revenues quests the Mayor to submit such a rec- point such individuals subject to the ap- of the District of Columbia during the year. ommendation.’’. proval of the Mayor; and ‘‘(6) Supervising and assuming responsibil- (d) REQUIRING BUDGETARY IMPACT STATE- ‘‘(ii) the Chief Financial Officer may re- ity for financial transactions to ensure ade- MENTS TO ACCOMPANY ACTS OF COUNCIL.— move such individuals from office for cause, quate control of revenues and resources, and (1) IN GENERAL.—Section 602(c) of the Dis- after consultation with the Mayor. to ensure that appropriations are not ex- trict of Columbia Self-Government and Gov- ‘‘(b) APPOINTMENT.— ceeded. ernmental Reorganization Act (sec. 1–233(c), ‘‘(1) IN GENERAL.— ‘‘(7) Maintaining systems of accounting D.C. Code) is amended by adding at the end ‘‘(A) CONTROL YEAR.—During a control and internal control designed to provide— the following new paragraph: year, the Chief Financial Officer shall be ap- ‘‘(A) full disclosure of the financial impact ‘‘(3) The Council shall submit with each pointed by the Mayor as follows: of the activities of the District government; Act transmitted under this subsection an es- ‘‘(i) Prior to the appointment of the Chief ‘‘(B) adequate financial information needed timate of the costs which will be incurred by Financial Officer, the Authority may submit by the District government for management the District of Columbia as a result of the recommendations for the appointment to the purposes; enactment of the Act in each of the first 4 Mayor. ‘‘(C) effective control over, and account- fiscal years for which the Act is in effect, to- ‘‘(ii) In consultation with the Authority ability for, all funds, property, and other as- gether with a statement of the basis for such and the Council, the Mayor shall nominate sets of the District of Columbia; and estimate.’’. an individual for appointment and notify the ‘‘(D) reliable accounting results to serve as (2) EFFECTIVE DATE.—The amendment Council of the nomination. the basis for preparing and supporting agen- made by paragraph (1) shall apply to Acts of ‘‘(iii) After the expiration of the 7-day pe- cy budget requests and controlling the exe- the Council transmitted on or after October riod which begins on the date the Mayor no- cution of the budget. 1, 1995. tifies the Council of the nomination under ‘‘(8) Submitting to the Council a financial (e) EXTENSION OF AUTHORIZATION OF AN- clause (ii), the Mayor shall notify the Au- statement of the District government, con- NUAL FEDERAL PAYMENT.—Section 503(c) of thority of the nomination. taining such details and at such times as the the District of Columbia Self-Government ‘‘(iv) The nomination shall be effective Council may specify. and Governmental Reorganization Act (sec. subject to approval by a majority vote of the ‘‘(9) Supervising and assuming responsibil- 47–3406.1(c), D.C. Code), as added by section 2 Authority. ity for the assessment of all property subject of the Federal Payment Reauthorization Act ‘‘(B) OTHER YEARS.—During a year other to assessment and special assessments with- of 1994, is amended by striking ‘‘fiscal year than a control year, the Chief Financial Offi- in the corporate limits of the District of Co- 1996’’ and inserting ‘‘each of the fiscal years cer shall be appointed by the Mayor with the lumbia for taxation, preparing tax maps, and 1996, 1997, 1998, and 1999’’. advice and consent of the Council. Prior to providing such notice of taxes and special as- SEC. 302. ESTABLISHMENT OF CHIEF FINANCIAL appointment, the Authority may submit rec- sessments (as may be required by law). OFFICER OF DISTRICT OF COLUM- ommendations for the appointment. ‘‘(10) Supervising and assuming respon- BIA. ‘‘(2) REMOVAL.— sibility for the levying and collection of all (a) IN GENERAL.—Part B of title IV of the ‘‘(A) CONTROL YEAR.—During a control taxes, special assessments, licensing fees, District of Columbia Self-Government and year, the Chief Financial Officer may be re- and other revenues of the District of Colum- Governmental Reorganization Act is amend- moved for cause by the Authority or by the bia (as may be required by law), and receiv- ed by adding at the end the following new Mayor with the approval of the Authority. ing all amounts paid to the District of Co- section: ‘‘(B) OTHER YEARS.—During a year other lumbia from any source (including the Au- ‘‘CHIEF FINANCIAL OFFICER OF THE DISTRICT OF than a control year, the Chief Financial Offi- thority). COLUMBIA cer shall serve at the pleasure of the Mayor, ‘‘(11) Maintaining custody of all public ‘‘SEC. 424. (a) ESTABLISHMENT OF OFFICE.— except that the Chief Financial Officer may funds belonging to or under the control of ‘‘(1) IN GENERAL.—There is hereby estab- only be removed for cause. the District government (or any department lished within the executive branch of the ‘‘(3) SALARY.—The Chief Financial Officer or agency of the District government), and government of the District of Columbia an shall be paid at an annual rate determined depositing all amounts paid in such deposi- Office of the Chief Financial Officer of the by the Mayor, except that such rate may not tories and under such terms and conditions District of Columbia (hereafter referred to as exceed the rate of basic pay payable for level as may be designated by the Council or the the ‘Office’), which shall be headed by the IV of the Executive Schedule. Authority. H 4062 CONGRESSIONAL RECORD — HOUSE April 3, 1995 ‘‘(12) Maintaining custody of all invest- ‘‘(1) Assisting the Chief Financial Officer or subsection (d) as the Chief Financial Offi- ment and invested funds of the District gov- in reporting revenues received by the Dis- cer may delegate. ernment or in possession of the District gov- trict government, including submitting an- ‘‘(f) DEFINITIONS.—In this section— ernment in a fiduciary capacity, and main- nual and quarterly reports concerning the ‘‘(1) the term ‘Authority’ means the Dis- taining the safekeeping of all bonds and cash position of the District government not trict of Columbia Financial Responsibility notes of the District government and the re- later than 60 days after the last day of the and Management Assistance Authority es- ceipt and delivery of District government quarter (or year) involved. Such reports shall tablished under section 101(a) of the District bonds and notes for transfer, registration, or include: of Columbia Financial Responsibility and exchange. ‘‘(A) Comparative reports of revenue and Management Assistance Act of 1995; ‘‘(13) Apportioning the total of all appro- other receipts by source, including tax, ‘‘(2) the term ‘control year’ has the mean- priations and funds made available during nontax, and Federal revenues, grants and re- ing given such term under section 305(4) of the year for obligation so as to prevent obli- imbursements, capital program loans, and such Act; and gation or expenditure in a manner which advances. Each source shall be broken down ‘‘(3) the term ‘District government’ has the would result in a deficiency or a need for into specific components. meaning given such term under section 305(5) supplemental appropriations during the ‘‘(B) Statements of the cash flow of the of such Act.’’. year, and (with respect to appropriations and District government for the preceding quar- (b) PROHIBITING DELEGATION OF CHIEF FI- funds available for an indefinite period and ter or year, including receipts, disburse- NANCIAL OFFICER’S AUTHORITY.—Section all authorizations to create obligations by ments, net changes in cash inclusive of the 422(6) of the District of Columbia Self-Gov- contract in advance of appropriations) ap- beginning balance, cash and investment, and ernment and Governmental Reorganization portioning the total of such appropriations, the ending balance, inclusive of cash and in- Act (sec. 1–242(6), D.C. Code) is amended by funds, or authorizations in the most effective vestment. Such statements shall reflect the adding at the end the following: ‘‘Nothing in and economical manner. actual, planned, better or worse dollar the previous sentence may be construed to ‘‘(14) Certifying all contracts (whether di- amounts and the percentage change with re- permit the Mayor to delegate any functions rectly or through delegation) prior to execu- spect to the current quarter, year-to-date, assigned to the Chief Financial Officer of the tion as to the availability of funds to meet and fiscal year. District of Columbia under section 424, with- the obligations expected to be incurred by ‘‘(C) Quarterly cash flow forecast for the out regard to whether such functions are as- the District government under such con- quarter or year involved, reflecting receipts, signed to the Chief Financial Officer under tracts during the year. disbursements, net change in cash inclusive such section during a control year (as de- ‘‘(15) Prescribing the forms of receipts, of the beginning balance, cash and invest- fined in section 305(4) of the District of Co- vouchers, bills, and claims to be used by all ment, and the ending balance, inclusive of lumbia Financial Responsibility and Man- agencies, offices, and instrumentalities of cash and investment with respect to the ac- agement Assistance Act of 1995) or during the District government. tual dollar amounts for the quarter or year, any other year.’’. ‘‘(16) Certifying and approving prior to and projected dollar amounts for each of the (c) CONFORMING AMENDMENT.—Effective payment all bills, invoices, payrolls, and 3 succeeding quarters. upon the appointment of the Chief Financial other evidences of claims, demands, or ‘‘(D) Monthly reports reflecting a detailed Officer of the District of Columbia under sec- charges against the District government, summary analysis of all District of Columbia tion 424(b) of the District of Columbia Self- and determining the regularity, legality, and government investments, including, but not Government and Governmental Reorganiza- correctness of such bills, invoices, payrolls, limited to— tion Act (as added by subsection (a)), D.C. claims, demands, or charges. ‘‘(i) the total of long-term and short-term Law 3–138 (sec. 47–314 et seq., D.C. Code) is re- ‘‘(17) In coordination with the Inspector pealed. General of the District of Columbia, per- investments; (d) CLERICAL AMENDMENT.—The table of forming internal audits of accounts and op- ‘‘(ii) a detailed summary analysis of in- contents of part B of title IV of the District erations and records of the District govern- vestments by type and amount, including of Columbia Self-Government and Govern- ment, including the examination of any ac- purchases, sales (maturities), and interest; counts or records of financial transactions, ‘‘(iii) an analysis of investment portfolio mental Reorganization Act is amended by giving due consideration to the effectiveness mix by type and amount, including liquidity, adding at the end the following new item: of accounting systems, internal control, and quality/risk of each security, and similar in- formation; ‘‘Sec. 424. Chief Financial Officer of the related administrative practices of the de- District of Columbia.’’. partments and agencies of the District gov- ‘‘(iv) an analysis of investment strategy, ernment. including near-term strategic plans and SEC. 303. REVISIONS TO POWERS AND DUTIES OF ‘‘(d) FUNCTIONS DURING ALL YEARS.—At all projects of investment activity, as well as INSPECTOR GENERAL OF DISTRICT times, the Chief Financial Officer shall have forecasts of future investment strategies OF COLUMBIA. the following duties: based on anticipated market conditions, and (a) APPOINTMENT AND TERM OF SERVICE; ‘‘(1) Exercising responsibility for the ad- similar information; INDEPENDENCE OF BUDGET.—Section 208(a) of ministration and supervision of the District ‘‘(v) an analysis of cash utilization, includ- the District of Columbia Procurement Prac- of Columbia Treasurer (except that the Chief ing— tices Act of 1985 (sec. 1–1182.8(a), D.C. Code) Financial Officer may delegate any portion ‘‘(I) comparisons of budgeted percentages is amended by striking paragraphs (1) and (2) of such responsibility as the Chief Financial of total cash to be invested with actual per- and inserting the following: Officer considers appropriate and consistent centages of cash invested and the dollar ‘‘(1)(A) There is created within the execu- with efficiency). amounts; tive branch of the government of the District ‘‘(2) Administering all borrowing programs ‘‘(II) comparisons of the next return on in- of Columbia the Office of the Inspector Gen- of the District government for the issuance vested cash expressed in percentages (yield) eral. The Office shall be headed by an Inspec- of long-term and short-term indebtedness. with comparable market indicators and es- tor General appointed pursuant to subpara- ‘‘(3) Administering the cash management tablished District of Columbia government graph (B), who shall serve for a term of 6 program of the District government, includ- yield objectives; and years and shall be subject to removal only ing the investment of surplus funds in gov- ‘‘(III) comparisons of estimated dollar re- for cause by the Mayor (with the approval of ernmental and non-governmental interest- turn against actual dollar yield. the District of Columbia Financial Respon- bearing securities and accounts. ‘‘(E) Monthly reports reflecting a detailed sibility and Management Assistance Author- ‘‘(4) Administering the centralized District summary analysis of long-term and short- ity in a control year) or (in the case of a con- government payroll and retirement systems. term borrowings inclusive of debt as author- trol year) by the Authority. The Inspector ‘‘(5) Governing the accounting policies and ized by section 603, in the current fiscal year General may be reappointed for additional systems applicable to the District govern- and the amount of debt for each succeeding terms. ment. fiscal year not to exceed 5 years. All such re- ‘‘(B) During a control year, the Inspector ‘‘(6) Preparing appropriate annual, quar- ports shall reflect— General shall be appointed by the Mayor as terly, and monthly financial reports of the ‘‘(i) the amount of debt outstanding by follows: accounting and financial operations of the type of instrument; ‘‘(i) Prior to the appointment of the In- District government. ‘‘(ii) the amount of authorized and spector General, the Authority may submit ‘‘(7) Not later than 120 days after the end of unissued debt, including availability of recommendations for the appointment to the each fiscal year (beginning with fiscal year short-term lines of credit, United States Mayor. 1995), preparing the complete financial state- Treasury borrowings, and similar informa- ‘‘(ii) In consultation with the Authority ment and report on the activities of the Dis- tion; and the Council, the Mayor shall nominate trict government for such fiscal year, for the ‘‘(iii) a maturity schedule of the debt; an individual for appointment and notify the use of the Mayor under section 448(a)(4) of ‘‘(iv) the rate of interest payable upon the Council of the nomination. the District of Columbia Self-Government debt; and ‘‘(iii) After the expiration of the 7-day pe- and Governmental Reorganization Act. ‘‘(v) the amount of debt service require- riod which begins on the date the Mayor no- ‘‘(e) FUNCTIONS OF TREASURER.—At all ments and related debt service reserves. tifies the Council of the nomination under times, the Treasurer shall have the following ‘‘(2) Such other functions assigned to the clause (ii), the Mayor shall notify the Au- duties: Chief Financial Officer under subsection (c) thority of the nomination. April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4063 ‘‘(iv) The nomination shall be effective report only those variances which are in an ‘‘(4) The Inspector General shall make each subject to approval by a majority vote of the amount equal to or greater than $1,000,000 or report submitted under this subsection avail- Authority. 1 percent of the applicable annual budget for able to the public, except to the extent that ‘‘(C) During a year which is not a control the program in which the variance is found the report contains information determined year, the Inspector General shall be ap- (whichever is lesser).’’. by the Inspector General to be privileged.’’. pointed by the Mayor with the advice and (2) LIMITATION ON CONTRACT WITH OUTSIDE (6) RESPONDING TO REQUESTS OF AUTHOR- consent of the Council. Prior to appoint- AUDITOR.—Section 208(a) of such Act (sec. 1– ITY.—Section 208(e) of such Act (sec. 1– ment, the Authority may submit rec- 1182.8(a), D.C. Code) is amended by adding at 1182.8(e), D.C. Code) is amended by striking ommendations for the appointment. the end the following new paragraph: ‘‘the Director’’ and inserting ‘‘the Author- ‘‘(D) The Inspector General shall be ap- ‘‘(4) The Inspector General shall enter into ity’’. pointed without regard to party affiliation a contract with an auditor who is not an offi- (d) DEFINITIONS.—Section 208 of such Act and solely on the basis of integrity and dem- cer or employee of the Office to— (sec. 1–1182.8, D.C. Code), as amended by sub- onstrated ability in accounting, auditing, fi- ‘‘(A) audit the financial statement and re- section (b)(4), is amended by adding at the nancial management analysis, public admin- port described in paragraph (3)(H) for a fiscal end the following new subsection: istration, or investigations. year, except that the financial statement ‘‘(g) In this section— ‘‘(E) The Inspector General shall be paid at and report may not be audited by the same ‘‘(1) the term ‘Authority’ means the Dis- an annual rate determined by the Mayor, ex- auditor (or an auditor employed by or affili- trict of Columbia Financial Responsibility cept that such rate may not exceed the rate ated with the same auditor) for more than 3 and Management Assistance Authority es- of basic pay payable for level IV of the Exec- consecutive fiscal years; and tablished under section 101(a) of the District utive Schedule. ‘‘(B) audit the certification described in of Columbia Financial Responsibility and ‘‘(2) The annual budget for the Office shall paragraph (3)(G).’’. Management Assistance Act of 1995; be adopted as follows: (3) SUBPOENA POWER.—Section 208(c) of ‘‘(2) the term ‘control year’ has the mean- ‘‘(A) The Inspector General shall prepare such Act (sec. 1–1182.8(c), D.C. Code) is ing given such term under section 305(4) of and submit to the Mayor, for inclusion in the amended— such Act; and annual budget of the District of Columbia (A) by striking ‘‘(c)’’ and inserting ‘‘(c)(1)’’; ‘‘(3) the term ‘District government’ has the under part D of title IV of the District of Co- and meaning given such term under section 305(5) lumbia Self-Government and Governmental (B) by adding at the end the following new of such Act.’’. Reorganization Act for the year, annual esti- paragraph: (e) DEADLINE FOR APPOINTMENT.— mates of the expenditures and appropriations ‘‘(2)(A) The Inspector General may issue (1) IN GENERAL.—Not later than 30 days necessary for the operation of the Office for subpoenas requiring the attendance and tes- after its members are appointed, the Author- the year. All such estimates shall be for- timony of witnesses and the production of ity shall appoint the Inspector General of warded by the Mayor to the Council of the any evidence relating to any matter under the District of Columbia pursuant to section District of Columbia for its action pursuant investigation by the Inspector General. 208(a)(1) of the District of Columbia Procure- to sections 446 and 603(c) of such Act, with- ‘‘(B) If a person refuses to obey a subpoena ment Practices Act of 1985 (as amended by out revision but subject to recommenda- issued under subparagraph (A), the Inspector subsection (a)). tions. Notwithstanding any other provision General may apply to the Superior Court of (2) TRANSITION RULE.—The term of service of such Act, the Council may comment or the District of Columbia for an order requir- of the individual serving as the Inspector make recommendations concerning such es- ing that person to appear before the Inspec- General under section 208(a) of the District timates, but shall have no authority to re- tor General to give testimony, produce evi- of Columbia Procurement Practices Act of vise such estimates. dence, or both, relating to the matter under 1985 prior to the appointment of the Inspec- ‘‘(B) Upon receipt of the annual Federal investigation. Any failure to obey the order tor General by the Authority under section payment for the District of Columbia au- of the court may be punished by the Superior 208(a)(1) of such Act (as amended by sub- thorized under title V of the District of Co- Court as civil contempt.’’. section (a)) shall expire upon the appoint- lumbia Self-Government and Governmental (4) REFERRAL OF FINDINGS OF CRIMINAL AC- ment of the Inspector General by the Au- Reorganization Act, the Mayor shall deposit TIVITY TO ATTORNEY GENERAL.—Section 208 of thority. a portion of the payment (equal to the esti- such Act (sec. 1–1182.8, D.C. Code) is amended mate of necessary appropriations described by adding at the end the following new sub- SEC. 304. COUNCIL APPROVAL OF CERTAIN CON- TRACTS. in subparagraph (A)) into a dedicated fund section: (a) IN GENERAL.—Section 451 of the District within the government of the District of Co- ‘‘(f) In carrying out the duties and respon- of Columbia Self-Government and Govern- lumbia. sibilities established under this section, the mental Reorganization Act (sec. 1–1130, D.C. ‘‘(C) Amounts deposited in the dedicated Inspector General shall report expeditiously Code) is amended— fund described in subparagraph (B) shall be to the Attorney General whenever the In- (1) by amending the heading to read as fol- available solely for the operation of the Of- spector General has reasonable grounds to lows: ‘‘SPECIAL RULES REGARDING CERTAIN fice, and shall be paid to the Inspector Gen- believe there has been a violation of Federal CONTRACTS’’; eral by the Mayor (acting through the Chief or District criminal law.’’. (2) by striking ‘‘No contract’’ and inserting Financial Officer of the District of Colum- (c) REVISION OF CURRENT POWERS AND DU- ‘‘(a) CONTRACTS EXTENDING BEYOND ONE bia) in such installments and at such times TIES.— YEAR.—No contract’’; and as the Inspector General requires.’’. (1) LIAISON REPRESENTATIVE FOR ALL EX- (3) by adding at the end the following new (b) ADDITIONAL POWERS AND DUTIES.— TERNAL AUDITS OF DISTRICT GOVERNMENT.— subsection: (1) IN GENERAL.—Section 208(a)(3) of the Section 208(a)(3)(B) of such Act (sec. 1– ‘‘(b) CONTRACTS EXCEEDING CERTAIN District of Columbia Procurement Practices 1182.8(a)(3)(B), D.C. Code) is amended by AMOUNT.— Act of 1985 (sec. 1–1182.8(a)(3), D.C. Code) is striking ‘‘executive branch’’. ‘‘(1) IN GENERAL.—No contract involving amended— (2) APPLICATION OF GENERALLY ACCEPTED expenditures in excess of $1,000,000 during a (A) by striking ‘‘and’’ at the end of sub- ACCOUNTING PRINCIPLES.—Section 208(b) of 12-month period may be made unless the paragraph (E); such Act (sec. 1–1182.8(b), D.C. Code) is Mayor submits the contract to the Council (B) by striking the period at the end of amended by inserting ‘‘accounting and’’ for its approval and the Council approves the subparagraph (F) and inserting a semicolon; after ‘‘accepted’’. contract (in accordance with criteria estab- and (3) ACCESS TO ALL NECESSARY RECORDS.— lished by act of the Council). (C) by adding at the end the following new Section 208(c)(1) of such Act (sec. 1–1182.8(c), ‘‘(2) DEEMED APPROVAL.—For purposes of subparagraphs: D.C. Code), as amended by subsection (b)(3), paragraph (1), the Council shall be deemed to ‘‘(G) Pursuant to a contract described in is amended by striking ‘‘relating to con- approve a contract if— paragraph (4), provide certifications under tracts and procurement’’. ‘‘(A) during the 10-day period beginning on section 602(b)(5) of title VI of the District of (4) SUBMISSION OF REPORTS TO AUTHORITY the date the Mayor submits the contract to Columbia Revenue Act of 1939; DURING CONTROL YEAR.—Section 208(d) of the Council, no member of the Council intro- ‘‘(H) Pursuant to a contract described in such Act (sec. 1–1182.8(d), D.C. Code) is duces a resolution approving or disapproving paragraph (4), audit the complete financial amended— the contract; or statement and report on the activities of the (A) in paragraph (1), by striking ‘‘the ‘‘(B) during the 45-calendar day period be- District government for such fiscal year, for Mayor and the Council’’ and inserting ‘‘the ginning on the date the Mayor submits the the use of the Mayor under section 448(a)(4) Authority (or, with respect to a fiscal year contract to the Council, the Council does not of the District of Columbia Self-Government which is not a control year, the Mayor and disapprove the contract.’’. and Governmental Reorganization Act; and the Council)’’; and (b) CLERICAL AMENDMENT.—The table of ‘‘(I) Not later than 30 days before the be- (B) in paragraph (2), by striking ‘‘the contents of the District of Columbia Self- ginning of each fiscal year (beginning with Mayor’’ and inserting ‘‘the Authority, the Government and Governmental Reorganiza- fiscal year 1996) and in consultation with the Mayor,’’. tion Act is amended by amending the item Mayor, the Council, and the Authority, es- (5) MAKING REPORTS PUBLICLY AVAILABLE.— relating to section 451 to read as follows: tablish an annual plan for audits to be con- Section 208(d) of such Act (sec. 1–1182.8(d), ducted under this paragraph during the fiscal D.C. Code) is amended by adding at the end ‘‘Sec. 451. Special rules regarding certain year under which the Inspector General shall the following new paragraph: contracts.’’. H 4064 CONGRESSIONAL RECORD — HOUSE April 3, 1995

(c) EFFECTIVE DATE.—The amendments able, none of them provide the appro- the Subcommittee’s Chair, TOM DAVIS, made by this section shall apply to contracts priate answers at this time. for the fine work that they did on this made on or after the date of the enactment Some have called for a cash bailout— legislation which is so sorely needed. of this Act. a solution that is simply unacceptable They put in many long arduous hours SEC. 305. DEFINITIONS. to this Member of Congress and I sus- to produce this legislation. It took In this Act, the following definitions apply: pect a majority of my colleagues. It is some tough negotiations, but they de- (1) The term ‘‘Authority’’ means the Dis- trict of Columbia Financial Responsibility quite obvious that without meaningful livered the bill in time to meet the and Management Assistance Authority es- government reform and strong fiscal critical need for congressional action tablished under section 101(a). discipline, there is absolutely no evi- before the April recess. I would be re- (2) The term ‘‘Council’’ means the Council dence that a large infusion of cash miss if I did not commend Chairman of the District of Columbia. would permanently relieve the under- CLINGER for insisting that the commit- (3) The term ‘‘control period’’ has the lying causes of the District’s current tee reach a bipartisan solution to the meaning given such term in section 209. budget crisis. needs of the District. That effort is evi- (4) The term ‘‘control year’’ means any fis- At the other end of the spectrum, denced by the 45-to-0 vote to report it cal year for which a financial plan and budg- et approved by the Authority under section some have called for the District to be to the House. 202(b) is in effect, and includes fiscal year placed into receivership—in effect, the As we can all see, H.R. 1345 is a complex 1996. total elimination of home rule. While bill which attempts to carefully balance the in- (5) The term ‘‘District government’’ means that step is not an option today, no- terests of the District and Federal govern- the government of the District of Columbia, body should doubt the resolve of this ments. The bill provides the District with des- including any department, agency or instru- body to take any steps necessary if perately needed relief from the extreme finan- mentality of the government of the District District government officials do not cial crisis confronting it and yet it does so in of Columbia; any independent agency of the cooperate with the financial control District of Columbia established under part a way that keeps the Congress out of the day- F of title IV of the District of Columbia Self- board established by this legislation. to-day internal affairs of the District govern- Government and Governmental Reorganiza- We anticipate that this cooperation ment, while assuring the continued delivery of tion Act or any other agency, board, or com- will be forthcoming and that home rule essential services to local residents, Federal mission established by the Mayor or the will prevail. agencies, and the many millions of visitors Council; the courts of the District of Colum- Make no mistake, however, pain and who come to the Nation's Capital each year. bia; the Council of the District of Columbia; suffering is inevitable for the District I am pleased that this bill won the and any other agency, public authority, or to bring back its financial health. The unanimous support of the Members public benefit corporation which has the au- day of reckoning has arrived. serving on our committee, and that it thority to receive monies directly or indi- rectly from the District of Columbia (other Some have questioned the need for a enjoys the broad bipartisan support of than monies received from the sale of goods, control board in the first place and the so many others. This should ensure the provision of services, or the loaning of appropriateness of Congress, which that it receives the favorable consider- funds to the District of Columbia), except seems incapable of balancing our own ation it deserves. However, I find little that such term does not include the Author- budget, forcing the District to balance delight in what we do here today, be- ity. its budget in the second. To that I say cause the District’s long-standing pur- (6) The term ‘‘financial plan and budget’’ I agree that we in Congress need an suit of complete self-governance has means a financial plan and budget described outside discipline to force us to act re- been set back. in subtitle A of title II, and includes the budgets of the District government for the sponsibly just as much or more than While I recognize that the current fiscal years which are subject to the finan- the District does. fiscal crisis makes the action we take cial plan and budget (as described in section Just as I believe a balanced budget today inevitable, I am determined to 201(b)). amendment would have made it easier ensure that this setback for the Dis- (7) The term ‘‘Mayor’’ means the Mayor of for Congress to say no to otherwise trict is a temporary one, and I plan to the District of Columbia. meritorious proposals, I also believe work closely with Chairmen CLINGER The SPEAKER pro tempore (Mr. the existence of the control board and and DAVIS, and Delegate NORTON, to BARRETT of Nebraska). Pursuant to the its threat of a hammer will make it take the steps necessary to restore the rule, the gentleman from Pennsylvania easier for the mayor and the council to District’s financial health and quickly [Mr. CLINGER] will be recognized for 20 make the kind of tough decisions that bring an end to this new authority. minutes, and the gentlewoman from Il- are going to be necessary. It is my fer- Back in November 1993, this body consid- linois [Mrs. COLLINS] will be recognized vent hope that those decisions will in ered the New Columbia Admission Act, a bill for 20 minutes. fact be made by the major and council which I cosponsored and strongly supported. The Chair recognizes the gentleman and that it will not be necessary for That bill provided for D.C. statehood. I strongly from Pennsylvania [Mr. CLINGER]. the control board to be relevant. believe that its enactment still represents the Mr. CLINGER. Mr. Speaker, I yield Last, I want to express my personal best action Congress could take to help the myself such time as I may consume. appreciation to the Members and staff District of Columbia. Statehood would give (Mr. CLINGER asked and was given responsible for bringing this bill to the District residents full democratic rights, and permission to revise and extend his re- floor. TOM DAVIS and ELEANOR HOLMES give the District government the freedom to marks.) NORTON have worked as an effective manage its own financial affairs, without the Mr. CLINGER. Mr. Speaker, as I stat- team to help solve the District’s prob- restraints imposed by Congress. ed the day the Government Reform and lems and bring economic vigor and vi- In my view, the financial problems of Oversight Committee favorably re- tality to the entire Washington region. the District of Columbia are grounded ported this bill, I believe the district of I also thank those staff who worked in more than declining revenues and Columbia will today move one step tirelessly in drafting this bill and the management difficulties. They are at- closer to self-sufficiency, to financial committee report. tributable, to a significant extent, to independence, perhaps even to true I encourage each Member of the the extraordinary burdens the Congress home rule. The District government is House to support this fine legislation. placed on the District when it was bankrupt. In about 1 month, the city Mr. Speaker, I reserve the balance of granted limited Home Rule over 20 government will not have the money to my time. years ago, by giving the District the pay the bills that await. The legisla- Mrs. COLLINS of Illinois. Mr. Speak- responsibility for numerous functions tion we are about to pass is designed to er, I yield myself such time as I may normally performed by States such as: reverse that crisis and put the resi- consume. operating a State court system and dents of the District and their govern- (Mrs. COLLINS of Illinois asked and prison system; providing mental ment back on sound financial track. was given permission to revise and ex- health, foster care, and adoption serv- While I want the D.C. Subcommittee tend her remarks.) ices; and bearing the cost of Medicaid Chairman, TOM DAVIS, to summarize Mrs. COLLINS of Illinois. Mr. Speak- and AFDC benefits; to name just a few. this legislation, I want to remind my er, I wish to congratulate and com- At the same time, the Home Rule Char- colleagues that while other solutions mend the D.C. Subcommittee’s ranking ter did not confer State authority. The to the District’s problems were avail- member, ELEANOR HOLMES NORTON, and district’s ability to pay for these State April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4065 functions was limited by a congression- ment in professional, managerial, and nance until the city balances four ally imposed ban on taxing nonresident technical jobs. It has the lowest rate of budgets in a row and has repaid any income earned within its borders as unemployment. So clearly, the District money borrowed with the Authority’s other states and many other cities do. is a city rich with talent. The District cooperation. The District leads the Nation in the percent- is a city with resources. The District is The Authority will have five mem- age of income earned in the city by non- a city with a future. It will be back on bers, appointed by the President after residents. Two of every three dollars earned its feet soon. congressional consultation. These here are earned by a nonresident. If non- Mr. Speaker, I yield the remainder of members will serve without salaries for residents were subject to a flat rate of only 2 my time to the gentlewoman from the 3 years, and they must be District resi- percent, the District could raise about $370 District of Columbia [Ms. NORTON], dents. million per year. In fact, more than 22,000 of who has worked so hard in this in- As soon as this bill is enacted, they the District government's own employees stance, and I ask unanimous consent must submit a 5-year financial recov- enjoy life in the suburbs on an income drawn that she be allowed to yield that time ery plan to the Authority as soon as from the city treasury. The District government in such way as she sees fit. practicable. estimates it could raise $50 million annually by The SPEAKER pro tempore. Is there The Authority will have to review taxing their income. These Catch-22 cir- objection to the request of the gentle- this plan, adopt it or submit modifica- cumstances are patently unfair and have sub- woman from Illinois? tions to the city council. If the city stantially contributed to the economic distress. There was no objection. council proposes modifications which They have got to change, and I hope they will Mr. CLINGER. Mr. Speaker, I yield meet with the disapproval of the Au- soon. such time as he may consume to the thority, it may then submit its own There is also the burden of the un- gentleman from Virginia [Mr. BLILEY], proposal to Congress for consideration. funded pension liability which must be the chairman of the Committee on This plan ensures that all affected addressed. In 1979, Congress transferred Commerce and a very active member parties, the people, the council, the $2 billion of liability for a pension sys- who has been involved in the District’s Mayor, the Authority, and the Con- tem it established for police, fire- affairs for many, many years. gress will have their voices heard to fighters, and teachers at a time when (Mr. BLILEY asked and was given ensure our Nation’s Capital gets on District employees were considered permission to revise and extend his re- sounder financial footing. Federal employees. Now, largely due to marks.) I commend Representative DAVIS and interest, the liability has grown to al- Mr. BLILEY. Mr. Speaker, I thank Delegate NORTON for reaching consen- most $5 billion. The District contrib- the gentleman for yielding time to me. sus on this very important initiative, utes about $300 million a year toward Mr. Speaker, I rise today in strong and urge its adoption by the House. this pension system’s cost, while the support of the District of Columbia Fi- Mr. CLINGER. Mr. Speaker, I yield Federal Government contributes only nancial Responsibility and Manage- the balance of my time to the gen- $52 million. The Federal Government is ment Assistance Act of 1995. tleman from Virginia [Mr. DAVIS], the not paying its fair share, while each The District of Columbia has testi- prime author of this legislation, and I year the spiraling costs consume more fied under oath that it expects to run ask unanimous consent that he may be and more of the District’s limited reve- out of money by early May. permitted to control the balance of the nues. Under present law the District is en- time remaining on the majority side. I am pleased that Members on both sides of titled to draw on the U.S. Treasury to The SPEAKER pro tempore. Is there the aisle acknowledge that the unfunded pen- pay its bill. This bill places necessary objection to the request of the gen- sion liability is a problem for which the Federal fiscal conditions on any borrowing in tleman from Pennsylvania? Government bears some responsibility, and accordance with the findings and pur- There was no objection. that the D.C. Subcommittee's chair is commit- poses as stated in the act. Mr. DAVIS. Mr. Speaker, I yield my- ted to taking action on this matter during the The authority in this bill is the self such time as I may require. 104th Congress. strongest ever created for any U.S. (Mr. DAVIS asked and was given per- The District's financial stability is also en- city. It will finally place necessary mission to revise and extend his re- cumbered by the fact that only 43 percent of controls on District spending. The au- marks.) its real property can be taxed. The rest, 57 thority will require an accurate, an- Mr. DAVIS. Mr. Speaker, this emer- percent, is owned by the Federal Government, nual balanced budget and a 4-year fi- gency legislation is the cornerstone of foreign governments, the District government, nancial plan. It will have enforcement our Nation’s response to the tragic and or tax exempt entities. With respect to this lat- power. completely unacceptable financial con- ter group, I note that the D.C. Council and In the past I worked closely with Del- dition of our Nation’s Capital. Life in even some Members are now questioning the egate NORTON to ensure the financial Washington, DC, is coming apart at the propriety of continuing such tax breaks, given stability of the District of Columbia. seams. This legislation will halt the the current crisis. We worked to increase the Federal pay- decay of the city government’s ability Finally, it is absolutely essential ment, and we worked to ensure the Dis- to provide basic municipal services to that everyone recognize that the finan- trict would be able to manage itself. the residents of the District and begin cial crisis confronting the District of Sadly, this has not occurred. the difficult but necessary process of Columbia is not a unique one. The This legislation does not abolish making the common life of the city hearings which the D.C. Subcommittee home rule, rather during the control whole once again. It is critical not only held on this matter demonstrated that period certain fiscal functions of the for this region and for those who live several other major American cities District will be supplanted by the here, but for those who visit here as have reached the brink of insolvency Board. By stabilizing the District’s fi- well. before. In most of those cases, financial nances, the city will emerge in a As chairman of the Subcommittee on control or oversight boards were estab- stronger position that it is today. the District of Columbia of the Govern- lished by the State legislatures and the Without this bill city workers, resi- ment Reform and Oversight Commit- boards worked cooperatively with city dents, businesses, and visitors will con- tee, I rise as the principal sponsor of officials to successfully stabilize each tinue to live under a cloud of fiscal un- the District of Columbia Financial Re- situation. I have no doubt that this certainty which is present and grow- sponsibility and Management Assist- will happen here. ing. ance Act of 1995. It would not have The District of Columbia lies in the The dollar-for-dollar reductions for been possible for this piece of emer- heart of a metropolitan area that overspending in last year’s budget reso- gency legislation to be here before the ranks first among the 15 largest metro- lution must be lifted now so that the House so early in the session without politan areas on several desirable in- Treasury will be able to lend through the active cooperation and hard work come, educational, and employment in- the Authority. The annual Federal of many Members and their staffs. dices. It ranks at the top in: per capita payment will serve as the collateral. Mr. Speaker, I want to thank on the income; individuals completing more The Financial Control Authority cre- staff side the GAO staff. I would like to than 16 years of school; and employ- ated in this bill will control District fi- thank John Simmons of Congressman H 4066 CONGRESSIONAL RECORD — HOUSE April 3, 1995

WALSH’s staff, Migo McConey from the like Metro and Council of Govern- establishes the strongest financial Appropriations staff, Cheryl Smith, ments. Without the city paying its full oversight authority in our Nation’s also of the Appropriations staff, and share, these vital regional organiza- history. We have looked with great Brian Seward, as well as Donna Brazile tions will not be able to carry out their care at what other cities facing similar and Cedric Hendricks from the District important missions. One of the things crises have done to solve their prob- of Columbia Subcommittee staff, Ron this bill seeks to accomplish is the or- lems. We have studied what has worked Hamm, our director, Ellen Brown, derly payment of these obligations. well and what has failed. We think we Howie Dennis, Roland Gunn, who put Piled up, unpaid bills force many small have applied these lessons to the in numerous hours on this effort, Al businesses all across the region to lay unique and special facts of Washington, Felzenberg, and Ann Mack, Tim Leeth off workers, or in some cases, to fail. DC. We have carefully crafted our na- and Kevin Sabo from the Senate staff, Thus the whole region suffers as long tion’s response to this crisis. The most and Jim Clarke from the full commit- as the city is broke. The time to act is important thing we have learned is tee staff. now. that no city has been able to solve its I also want to express my deep grati- The city’s insolvency is not the re- problems alone. In the case of other tude to the House leadership and to sult of an unanticipated natural disas- cities, State governments have stepped Chairman CLINGER, as well as the gen- ter. It is not the result of an inad- in to provide assistance. In this re- tlewoman from Illinois, Mrs. CARDISS equate revenue stream. In fact, for a spect, Washington, DC, is unique. It COLLINS, for their willingness to pro- city its size, it has more than adequate has no State to turn to for assistance. vide the necessary advice and assist- revenue to fund the full range of serv- The entire American people, acting as ance to move this bill forward. ices needed by its citizens. But, begin- a collective body through their elected I also want to thank our colleague ning with the collapse of real estate Representatives in Congress, con- from the District of Columbia, the gen- values in 1989 and continuing even as I stitute Washington, DC’s state. tlewoman from the District of Colum- speak, the city simply spends more I am not going to present a complete bia [Ms. NORTON], who is a true leader money than it collects. The District of outline of this 145-page legislation. I and without whose efforts and advice Columbia’s government continues to want to focus on its essential features. this bill would not be here today. She try to fund everything it wants while has shown her leadership once again on neglecting to adequately fund what it The central feature of this legislation this bill, and I look forward to working truly needs as a municipal government. is the establishment of the District of with her in the future on many other Much of the money it spends, it does Columbia Financial Responsibility and issues concerning the District. And I not spend wisely. According to a recent Management Assistance Authority to would say to Congressman WALSH and study by Thomas Edmonds and Ray- assist our Nation’s Capital on its way the gentleman from California, Mr. mond Keating, during the 1991–92 back to financial soundness. The pur- DIXON, of the District of Columbia Ap- school year the District spent more per pose of the Authority is to help the propriations Subcommittee that their pupil on primary and secondary edu- city knit itself back together. It is de- efforts in this regard and their ability cation than any State in our Nation. signed to work with Congress and the to work together as a team have Yet, we read in the local press that local government without being a com- brought this legislation here today, there are over 8,000 fire code violations ponent part of either government. I ex- and I thank them for their efforts. in the schools in need of repair. This is pect it will make many recommenda- Without their constant personal at- but one of many instances of local po- tions both to Congress and the city tention throughout a seemingly end- litical decisions that have unintended about necessary changes in the man- less series of negotiations, we would but completely unacceptable con- agement of the city and the role of the not be nearly so far along in our re- sequences for the city’s least powerful Federal Government in the city’s life. sponse to the problems of the District. and most vulnerable residents. The Authority is composed of five I also want to thank the members of It would be all too easy for me to Presidential appointees who are stake- the subcommittee, especially my vice- place all the blame for the unraveling holders in the city. The President will chair, Mr. GUTKNECHT, for their will- of the city on poor decisions made by make these selections after consulta- ingness to hold hearings on short no- Washington’s local political leaders. tion with the relevant committee tice and to move this legislation on an But, this would be neither an accurate chairs and the Delegate from the Dis- exceptionally fast tract. But, above all, nor a responsible course for me to take. trict. The Authority will be assisted by I am grateful for the willingness of all Our Constitution clearly gives Con- a small professional staff. of the Members involved in this process gress the responsibility ‘‘to exercise ex- The Authority has all the power to to reach across party and ideological clusive Legislation in all Cases accomplish its mission of financial re- lines for the good of the entire Nation. whatsover,’’ in the seat of the national sponsibility and management assist- This effort has been extraordinary and government. Congress has not always ance. In dealing with the local govern- inspirational. Finally, none of this used this power wisely. There has been ment, the initiative generally belongs would have been possible without the an understandable reluctance to inter- to local elected leaders. For example, long, hard hours of work by the per- fere with local political decisions. This the Mayor still submits his budget the sonal and committee staff who have de- reluctance, has perhaps, at times city council. But, it is submitted to the voted themselves to working out the slipped over into failure to provide Authority as well. The Authority, as details of this complex bill. They are proper oversight. There has been a spir- well as the city council, examine the all deeply aware of the urgency of the it of generosity that gave the District budget critically. If the Authority de- crisis facing the District of Columbia. government access to $1.277 billion cides the proposed budget is neither The current crisis stems from the un- more cash during the Kelly administra- balanced or in not accordance with the willingness of the political leadership tion than previously scheduled pay- city’s long-term plan, the Authority of the city and of past Congresses to ments dictated. This generosity be- cannot approve the budget. It is re- make the hard but necessary decisions came indulgence. The result of inad- turned with the Authority’s rec- to keep the District’s spending in line equate congressional oversight is not ommendations to the council. After with its income. The result of this pol- acceptable. We see before us today a this process works itself out, Congress icy is not surprising: the District of Co- broken city. We cannot continue these receives either an Authority-approved lumbia is insolvent. If the city were to policies. We must carry out our over- budget or the final council-approved begin to write the checks necessary to sight responsibilities in a more respon- budget along with the Authority’s pay all its current bills, it would run sible and effective way. The bill before comments. Congress retains its respon- out of cash long before it came to the us this afternoon provides us with the sibility to give final approval to the bottom of its stack of bills. The dire appropriate vehicle to meet our respon- city’s budget. condition of the city’s finances spills sibility. In addition to the creation of the Au- over to and harms the entire region. H.R. 1345 is designed to provide the thority, this legislation creates a per- Currently, the city is not able to make strong medicine necessary to heal our manent, statutory chief financial offi- its payments to regional authorities beloved but battered Capital City. It cer for the District of Columbia. The April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4067

CFO is appointed by the Mayor, in con- Barry will be forced to take the Dis- of a consensus bill, Chairman DAVIS sultation with the city council, and the trict’s bills to the Treasury Depart- first wrote H.R. 1345 simultaneously approval of the Authority. The CFO is ment without conditions or restric- with majority Members in the House responsible for assembling accurate fi- tions. We must not allow this to hap- and the Senate. Onto this bicameral- nancial information to serve as the pen. If we enact this legislation, when ism, he superimposed bipartisanship, foundation of the city’s budgetary and the city runs out of cash, Congress will inviting ranking Members to suggest spending decisions. The CFO also must have put the proper structure in place and negotiate changes. Representative certify all bills and contracts, assess to regulate and facilitate its access to JULIAN DIXON, the ranking member of and collect all taxes, and provide accu- the Treasury window. There are no via- the D.C. Appropriations Subcommittee, rate accounting. This office reports to ble alternatives. We are in effect pull- was an indispensable party to this bill, the Mayor, the council, and the Au- ing the District’s credit card to the bringing unmatched depth, intel- thority. U.S. Treasury and setting conditions ligence, and objectivity. Some of our The creation of the Authority and of for borrowing that can lead to eco- changes were rejected and others com- a CFO provides only part of the admin- nomic recovery. The present crisis is a promised, but many were accepted. direct consequence of destructive fiscal istrative framework necessary to assist The process that Chairman DAVIS de- policies. This bill represents fundamen- the city back to financial health. The veloped is what has enabled me to co- tal change. I urge you to vote in favor final structural change is the enhance- sponsor H.R. 1345 and to urge my col- of H.R. 1345. ment of the Office of the Inspector leagues to vote today for passage. Like Mr. Speaker, I reserve the balance of General. The IG, like the CFO, is ap- all bills that come to the floor, it is the my time. pointed by the Mayor in consultation majority’s bill, but it has accommo- with the city council and the approval b 1515 dated many changes and compromises of the Authority. We have taken spe- not only from me but from the Mayor cial care to make sure the IG has the Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume. and the chairman and members of the political independence and financial re- city council of my city. Thus, this bill sources to act as a strong watchdog (Ms. NORTON asked and was given permission to revise and extend her re- is quite literally a collaboration among over the city government. In addition all directly concerned: The chairs and to a fixed 6-year term, the budget of marks.) ranking members of the authorizing the IG can only be changed by Con- Ms. NORTON. Mr. Speaker, thanks to Chairman BILL CLINGER, ranking Mem- and appropriations committees and gress. In order to assure the timely dis- ber CARDISS COLLINS, and subcommit- subcommittees of the House and Sen- semination of information, the IG’s re- tee Chairman TOM DAVIS, we are seeing ate and the elected representatives of ports become public documents in a a rare moment in any Congress, and the District of Columbia. timely manner. The IG reports not certainly in this one. A very difficult Section upon section of the bill vin- only to the Mayor, but also to the bill has been crafted and then unani- dicate both the process and the sub- council and the Authority. The IG is mously embraced in subcommittee and stance of H.R. 1345. Many of the also responsible for letting the con- committee because of their leadership. changes are modifications and nuances tract for an annual, independent audit Yet, H.R. 1345 has no precedent in this that only locally elected officials and of the city’s finances. House. It has substantial precedent in The Authority, the CFO, and the en- others who live with the District’s this country, of course. New York City, problems could recognize. By accepting hanced IG form the nucleus of a more Philadelphia, and Cleveland, among efficient, responsible, and responsive changes that reflect the experience of other jurisdictions, became insolvent governing and living in the District, city government. It provides the city and have had similar authorities or with an ideal opportunity to examine Chairman DAVIS and his colleagues boards established to guide them back have gone a long way toward assuring critically the range and level of serv- to fiscal health. To those inclined to ices it seeks to provide. The locally that H.R. 1345 is able to do its job. harshly judge the District, the self- Two urgent reasons make this bill elected leaders of the city need to de- same ordeals of these great American cide what they can realistically afford not only mandatory but also the only cities should give some pause. And, un- viable option available: First, without to fund. I hope the enactment of this like those cities, the District has had legislation provides the occasion for a the authority established in this bill, to fund not only municipal but also the District, already technically insol- dramatic restructuring of the local State and county functions as well, government. After the District has vent, will run out of cash sufficient to among them today’s daunting costs of pay its employees and keep services in begun to make the hard choices nec- Medicaid and prisons. Before long, the essary to bring their spending in line operation within the next few weeks; Congress will have to face the reality second, without the authority estab- with their revenue, the question of the that no American city today can fund lished in this bill, the District will bear proper relationship between the city these State and county missions alone a destructive penalty for being in vio- and the Federal Government will be ad- and that the District will need more lation of existing law that requires a dressed. funds from the Congress. Such huge balanced budget, a mandate that can- This legislation is not punitive. It is cost, as well as the congressionally im- the strong medicine needed to bring posed unfunded pension liability, in to- not possibly be met without spreading the city back to financial health. One day’s atmosphere of urban distress, the city’s huge structural deficit over of the effects of this legislation will be have simply overwhelmed the city. several years. However, I am able to cosponsor H.R. the restoration of the city’s access to Chairman CLINGER and ranking Mem- the credit markets. This is important ber COLLINS were executive producers 1345, not only because of its urgent ne- for the enhancement of home rule. I of this effort, setting the tone, steering cessity. I am a cosponsor of this bill be- hope that the Authority and the city the course, insisting upon flexibility, cause it does not violate the other es- working together with the Congress yet drawing the bright lines to achieve sential and overriding principle—the will, sooner rather than later, be hold- an effective bill. Subcommittee Chair- right of District residents to maintain ing groundbreaking ceremonies for the man TOM DAVIS was the producer. He every bit of what limited home rule new arena and convention center. worked closely with D.C. Appropria- powers we have managed to achieve. These projects will enhance the quality tions Subcommittee Chairman JIM Our democratic right to self-govern- of life not only in the District but WALSH, whose strong and skillful lead- ment is more precious to us than to throughout the entire region. ership is also reflected throughout the other Americans quite simply because We stand at a critical moment in the bill. they, all of them, including the four life of our Nation’s Capital. We can no Chairman DAVIS has given the world territories, have it, and we don’t. For longer afford the price of congressional ‘‘freshman’’ new respect for the ex- this reason, I have measured self-gov- inaction. The District will soon run out traordinary reach of his vision for the ernment by the strictest standard I of cash. Under present law, the Mayor bill and the determined skill with could locate: whether the provisions of can requisition cash from the Federal which he carried his vision to fruition. H.R. 1345 are any more intrusive than Treasury. If we fail to act, Mayor Setting for himself the expansive goal those of the other similarly situated H 4068 CONGRESSIONAL RECORD — HOUSE April 3, 1995 jurisdictions. This is the best standard live here than in any part of the re- very important position, in my judg- because no one has suggested that with gion. It is city of world class beauty. ment, the most important position. Be- the establishment of similar authori- The District’s problems must not be al- cause the position is so important, this ties, New York, Philadelphia, or Cleve- lowed to obscure its potential. With person must have as much independ- land lost their dignity or independence. help from the Congress, but under its ence to carry out the mission of get- Anyone who takes the time and trouble own initiative and by its own hand, ting local government back on track fi- to compare H.R. 1345 with prior State this shall soon be a city on the rise like nancially. statutes, especially New York’s law, as the sun on a clear morning. Another position that is key to the I did throughout the negotiations, will b 1530 success of the authority is an inspector find the self-government standard fully general who also must be truly inde- Mr. Speaker, I reserve the balance of met. pendent to pursue investigations that my time. The Mayor and the city council re- will lead to the prevention and detec- tain their respective powers. The ini- Mr. DAVIS. Mr. Speaker, may I in- quire of the Chair how much time re- tion of fraud and abuse. tiative in all matters committed to We in the Congress must continue them under the home rule charter re- mains on both sides? The SPEAKER pro tempore (Mr. our vigilance to ensure the independ- mains theirs alone. This is important ence of both of these offices. not only to preserve democracy. It is HASTINGS of Washington). The gen- tleman from Virginia [Mr. DAVIS] has 3 Mr. Speaker, I want to touch on what important because the point of this ef- I consider to be the crucial issue of the fort is to encourage elected leaders to minutes remaining, and the gentle- woman from the District of Columbia authority. In the event that there is a take responsibility so that when the stalemate, an impasse between the au- authority recedes, their necessary dis- [Ms. NORTON] has 7 minutes remaining. Mr. DAVIS. Mr. Speaker, I ask unan- thority and city government, the bill cipline is fully built into the way they allows the authority to implement its conduct the city’s business. Thus, the imous consent that both sides be given an additional 5 minutes. own recommendations, whether they authority is a monitor whose purpose be executive or legislative in nature. is to check and enforce new rules of fis- Ms. NORTON. Mr. Speaker, I join in the request of the gentleman. This power is absolute and it is abso- cal and operational discipline that the lutely necessary if the authority is to Mayor and the council place upon The SPEAKER pro tempore. Without be effective and have the desired im- themselves in multiyear plans and an- objection, each side will have an addi- tional 5 minutes. pact on the efficient operation of Dis- nual budgets that these elected offi- There was no objection. trict government. cials themselves will write. Mr. DAVIS. Mr. Speaker, I yield 4 This authority needs to have control. I have no doubt that the District will minutes and 30 seconds to the gen- It is our intention that it have control. take the initiative to solve its own tleman from New York [Mr. WALSH], In my opinion, the bill before you is problems, just as our elected officials the chairman of the Appropriations drafted so that the authority will have have helped make H.R. 1345 a better Subcommittee, who has done so much control, the control it needs to get the bill. This morning before this matter to help bring this bill to its final District government back on a sound had even come to the floor, at the invi- stages. We appreciate his efforts. financial footing. tation of the Mayor, I went to his cabi- (Mr. WALSH asked and was given net meeting to discuss H.R. 1345 and We felt very strongly this had to be a permission to revise and extend his re- tough bill, tough love for our Nation’s what it means for District officials. marks.) Further, today the Mayor has an- Capital. This bill meets that standard. Mr. WALSH. Mr. Speaker, I thank Lastly, Mr. Speaker, the gentleman nounced a nationwide search for a chief the gentleman for yielding time to me financial officer, who will be a central from Virginia [Mr. DAVIS] talked about and I thank him for his hard work on a the ability of the District to go to the figure in the District’s financial recov- very vigorous project, one sorely in ery. Treasury to borrow. That authority need. continues under this new regime. And I take special pride in these early ini- Mr. Speaker, I rise in strong support tiatives by the Mayor to make H.R. that is important because the individ- of H.R. 1345. I think this is a good bill. ual, the organizations that have loaned 1345 work and in the recent rough and It is the culmination of many hours tough actions of the city council, who money to the District, their interests and long days of discussions and nego- need to be protected, along with the in- even without the monitoring author- tiations. It is a nonpartisan issue. ity, have made courageous cuts and terests of the District. That will con- Every one on both sides of the aisle in tinue under this law and, in fact, en- taken their lumps for their trouble. this body as well as the other body and I take particular comfort from Mem- sure that if the District does go back the White House has worked diligently to Treasury and borrow, that the bers of the House, who have uniformly with one objective in mind, to do what money will go directly to the control expressed respect and admiration for is best for our Nation’s Capital. board and will be disbursed under their what authorities like that established This bill will establish a financial re- authority. in H.R. 1345 have done, working with sponsibility and management assist- Finally, I believe, Mr. Speaker, that local officials, in their own cities. Ex- ance authority, a control board, con- pect no less from the District. sisting of five members to be appointed sufficient safeguards are in place to Notwithstanding this crisis, the Dis- by the President in consultation with protect the Federal taxpayer, all Amer- trict remains one of the most promis- the Congress within 25 days of its en- icans who send their tax dollars to sup- ing large cities in the United States. actment. port the city. Among the 25 largest cities, we proudly Results of our hearings indicate that This is not a partisan bill. The people rank first per capita in residents in the the District’s financial management who really put this together, the gen- Nation’s top job categories, third per and information systems are inad- tleman from Virginia [Mr. DAVIS], the capita in residents with college and equate to provide the data that is es- gentlewoman from the District of Co- post-college degrees, and fifth per cap- sential for the efficient operation of lumbia [Ms. NORTON], did a marvelous ita in income. In the midst of this cri- the District government. H.R. 1345 es- job, a truly marvelous job negotiating sis, our business community is using tablishes a chief financial officer of the this. The gentleman from California its own private resources to build an District of Columbia who will be ap- [Mr. DIXON], former chairman in the arena and a convention center which pointed by the Mayor and subject to seat that I now sit in, lent his tough- will bring many millions in revenue to the approval by a majority of the vote ness and his wisdom to this product. I the District. This is the raw material of the authority and removed only with thank him and I also thank from my for a dazzling comeback. authority approval. staff John Simmons and Migo Miconi Just beyond the horizon, the Capital The CFO will be responsible for all fi- who worked so hard to support my ac- of the United States is a city with a fu- nancial activities of the District gov- tivities. ture. But, it is more than that. It is ernment, from revenue estimates and Ms. NORTON. Mr. Speaker, I yield 4 such livable city that more Members of cash receipts to expenditures and cash minutes to the gentleman from Califor- the House and Senate have chosen to disbursements. So this is going to be a nia [Mr. DIXON], the ranking minority April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4069 member of the Subcommittee on the bill before us provides the necessary of restoring the District of Columbia to District of Columbia of the Committee cure. sound financial health. on Appropriations and an unusually H.R. 1345 is not a perfect bill, nor do I I want to applaud the efforts of the wise and knowledgeable and essential agree with all of its provisions. But, I do agree manager of the bill, the distinguished partner in the negotiations that led to with the bill's fundamental purposes: First, to chairman of the Government Reform H.R. 1345. assist the District in getting immediate control and Oversight Subcommittee on the (Mr. DIXON asked and was given per- over its deficit spending and, second, to pro- District of Columbia, the gentleman mission to revise and extend his re- vide for the long-term fiscal stability of the Dis- from Virginia, TOM DAVIS, who worked marks.) trict by providing a comprehensive approach tirelessly to bring together a consensus Mr. DIXON. Mr. Speaker, I thank the to the fiscal, management, and structural prob- bill in time for the House and Senate gentlewoman for her kind remarks and lems in the District Government. This bill pro- to act prior to the April recess. for yielding time to me. vides a speedy recovery to D.C. financial I also want to pay tribute to the dele- Mr. Speaker, as the ranking minority health while preserving home rule for its citi- gate from the District of Columbia, EL- member of the Committee on Appro- zens. EANOR HOLMES NORTON, for her tena- priations Subcommittee on the Dis- H.R. 1345 has many important provisions. It cious efforts to preserve the principle trict of Columbia, I rise in support of will enable the city to borrow from the U.S. of home rule for D.C. residents. She has H.R. 1345, the District of Columbia Fi- Treasury to meet its short-term, emergency fought courageously to preserve the nancial Responsibility and Manage- cash needs, but only with stringent controls rights of locally elected officials to de- ment Assistance Act of 1995. We con- that will impose a rigorous fiscal discipline on termine the city’s financial future, sider this bill at a critical moment in the city that has not existed before. while she led the fight for an agree- the short history of self-government The bill creates the strongest Financial ment that recognizes the seriousness of for the District of Columbia. Oversight Board ever created for any U.S. the District’s financial crisis. The District of Columbia is in a fi- city. A five-member authority, appointed by the My good friend, the gentleman from nancial crisis that it cannot solve on President with congressional consultation, will New York, [Mr. WALSH], the distin- its own. Like other major cities across have extensive latitude in monitoring and guished chairman of the Committee on the country, the District of Columbia overseeing the District's financial affairs until Appropriations Subcommittee on Dis- is not alone in feeling the multiple such time that it has balanced its budget for trict of Columbia, also played a critical pressures of a dwindling tax base and 4 consecutive years and repaid any funds bor- role in shaping this legislation. I look increasing social service costs. The rowed on its behalf. Most important, the au- forward to our continued mutual co- District, however, carries the addi- thority will be comprised of individuals who operation as we move later in the year tional burden of being the only govern- pay either personal income or business taxes to consider the District’s fiscal year mental entity with responsibilities tra- to the District and, thus, have a real stake in 1996 budget. And to the staff, thank ditionally implemented by State and the District's future. you for your excellent work. county, as well as city, governments. During any control period, the authority will With the enactment of this bill, we have a Over the past few months, we have make recommendations to the District to pro- wonderful opportunity for a unique partnership received convincing and mounting evi- mote financial stability and improve the deliv- between the District and Federal Government dence that the District of Columbia is ery of city services, including reviewing the to reinvent and improve the delivery of serv- nearing a financial collapse. The structural relationship between the District ices to the thousands of District residents who Mayor has reported to us that the Dis- government and the Federal Government. The pay hard earned tax dollars and to those local trict has a fiscal year 1995 budget gap authority must approve a multi-year financial residents who are not getting the quality edu- of $631 million and a precarious cash plan developed by the District aimed at cation, housing, and social services they need position. Although the Mayor has pro- achieving a truly balanced budget by 1999. and deserve. The road to financial recovery posed to reduce this budget gap by $224 The authority may reject the city's annual for the District will not be smooth. There may million through reduced agency spend- budget, disapprove contracts, and disapprove be setbacks and relapses along the way. But, ing and other initiatives, these actions District borrowing if not consistent with the fi- the surgery which the city must undergoÐthe alone are not sufficient to close a gap nancial plan and annual budget. hard choices, tough decisions, and real ac- which amounts to nearly 20 percent of The bill enhances the powers of the Dis- tions that have to be takenÐwill restore the the District’s annual appropriated trict's chief financial officer and inspector gen- well being of the District and its residents and, budget. The General Accounting Office eral to ensure the integrity and accuracy of fi- ultimately, provide the foundation for a real has reported to us that the District nancial information presented by the District, and lasting recovery for years to come. will run out of cash this summer and and to improve the quality of the city's finan- Mr. Speaker, I urge adoption of the bill. that the city currently does not have cial management systems. Because of the sig- b enough cash to pay its bills. nificant powers that will reside with these indi- 1545 In recent years, other cities, includ- viduals, a difficult issue to resolve in our nego- Mr. DAVIS. Mr. Speaker, I yield 1 ing Philadelphia, New York City, and tiations was how these individuals should be minute and 15 seconds to my colleague, Yonkers, have confronted financial in- appointed. The consensus that emerged from the gentleman from New York [Mr. solvency requiring emergency assist- our discussions was that both officers would GILMAN]. ance from their States. But, the Dis- be nominated by the Mayor with the advice (Mr. GILMAN asked and was given trict is unable to turn to a State gov- and consent of the city council, but subject to permission to revise and extend his re- ernment to provide such extraordinary confirmation by the authority. Further, only the marks.) assistance; the District can turn only authority would be permitted to dismiss these Mr. GILMAN. Mr. Speaker, I rise to the Federal Treasury and to the key officials. today in support of H.R. 1345, the Dis- Congress for help. Mr. Speaker, by granting the authority such trict of Columbia Financial Respon- Mr. Speaker, in the process of consid- broad powers, some may argue that this bill sibility and Management Act of 1995. I ering the District’s financial crisis, we strips away home rule. But, I would argue that commend the distinguished gentleman have tried hard to separate the rhet- the bill carefully protects the prerogative of from Virginia [Mr. DAVIS], District of oric from reality. With the excellent self-government and that preservation of home Columbia Subcommittee chairman, assistance of the General Accounting rule rests squarely on the shoulder's of the and the ranking minority member of Office, we have tried to separate fact District's elected officials. Only if District offi- the District of Columbia Subcommit- from fiction. And, while we may dis- cials do not make responsible and fiscally tee, Ms. NORTON, for the work which agree with the Mayor about whether sound decisions, will it be necessary for the they and their staffs have accom- the District has too little revenue, too authority to step in to implement its own rec- plished under severe time constraints. I much spending, or simply inefficient ommendations. also wish to commend the gentleman management of its resources, I believe This bill is the product of intense ne- from Pennsylvania [Mr. CLINGER], who that there is no disagreement that the gotiations conducted over the past few serves as the distinguished chairman of problem is real. The hard reality is weeks. Although these discussions have our Committee on Government Reform that a remedy must be provided before been difficult, all parties involved have and Oversight, for his efforts in bring- the District becomes insolvent, and the acted in good faith with a common goal ing this important measure to the floor H 4070 CONGRESSIONAL RECORD — HOUSE April 3, 1995 at a time when the District of Colum- to participate and accepting their sug- Mr. Speaker, I urge my colleagues to bia has been teetering on the brink of gestions as to how to make this pro- support this act. bankruptcy. I am supporting this time- posal work. Mr. Speaker, it retains the If I might, Mr. Speaker, just make ly measure because I believe that it strong role of the District officials, the one additional statement, I have had will provide workable solutions to the Mayor, and the council. It also main- discussions with the gentleman from severe financial problems that have tains limited home rule. Virginia [Mr. DAVIS], the chairman of beset our Nation’s Capital City. The fi- I believe the bill is a significant the subcommittee, with reference to an nancial recovery and management re- movement in the right direction to- item regarding the financing and the sponsibility authority will provide fis- ward correcting the problems of the obligations of the District of Columbia cal oversight while preserving the es- District of Columbia, and urge its with reference to the Washington Met- sence of home rule. adoption. ropolitan Area Transit Authority. I At this urgent time, Mr. Speaker, I Ms. NORTON. Mr. Speaker, I yield 3 was hoping we could deal with that on wish to commend what has been an ex- minutes to the gentleman from Mary- this legislation. emplary bipartisan effort to attack an land [Mr. HOYER], my good and helpful It is my understanding, however, extremely pressing problem. I encour- friend, a member of the Committee on that the gentleman from Virginia will age support of this bill which will help Appropriations, and a leader of this re- have another piece of legislation deal- bring financial stability and budgetary gion. ing with the convention center. I have control to the District of Columbia. Mr. HOYER. Mr. Speaker, I thank talked to the gentlewoman from the Ms. NORTON. Mr. Speaker, I yield 2 the gentlewoman for yielding time to District of Columbia about this. I do minutes to the gentleman from Mary- me. not believe this is controversial in any land [Mr. WYNN], a Member from this Mr. Speaker, I want to first of all say way, and I hope we can deal with it on region who has been helpful to the Dis- that I have served here for some time, that legislation. trict. and without reference to anybody else Mr. DAVIS. Mr. Speaker, if the gen- (Mr. WYNN asked and was given per- in comparison, I do not think anybody tleman will yield, the gentleman is mission to revise and extend his re- else in this body represents their area correct. I think it will be addressed in marks.) better than she does. It is obviously a that vehicle hopefully in the May time- Mr. WYNN. Mr. Speaker, I thank the frame. difficult area to represent in that ev- gentlewoman for yielding to me, and Mr. HOYER. I thank the gentleman, erybody is watching it, every day. As for her kind remarks. and again I congratulate my colleague she says, so many people live here. She Mr. Speaker, I do rise as a Member of from Washington, DC. does an extraordinary job in bringing our region representing Prince Georges Ms. NORTON. Mr. Speaker, may I in- the message of the District of Colum- and Montgomery Counties, the neigh- quire how much time I have remain- bia, its hopes and aspirations, to this bors to the north and east of the Dis- ing? body. I commend her for her leadership trict of Columbia. Let me begin by ex- The SPEAKER. The gentlewoman on this bill. tending commendations to the chair- from the District of Columbia [Ms. Mr. Speaker, those of us in the Wash- man, the gentleman from Pennsylvania NORTON] has 3 minutes remaining, and ington metropolitan area are also [Mr. CLINGER], and to the ranking the gentleman from Virginia [Mr. proud of the fact that we act together member, the gentlewoman from Michi- DAVIS] has 21⁄4 minutes remaining. in a bipartisan fashion. We are very gan [Miss COLLINS], and also to the sub- Ms. NORTON. Mr. Speaker, I yield 2 committee chairman, the gentleman proud of the fact that TOM DAVIS has minutes to my good friend and always done such an extraordinary job in his from Virginia [Mr. DAVIS], a freshman ally, the gentleman from Virginia [Mr. leadership in bringing all of the various who has done exemplary work on this MORAN], also a Member from this re- project. I am certainly appreciative, points of view together. As always, it is gion. and all of my constituents are appre- a pleasure to deal and work with my Mr. MORAN. Mr. Speaker, I thank ciative. chairman, the gentleman from Califor- my friend from the District of Colum- Finally, let me note the outstanding nia [Mr. DIXON], and the chairman, the bia for yielding to me, but most impor- work of the gentlewoman from the Dis- gentleman from New York [Mr. tantly, for the role she has played trict of Columbia [Ms. NORTON], who WALSH], on this matter. within the Washington metropolitan has done yeoman’s work on this bill in Mr. Speaker, this legislation before region. When her leadership was called both being an advocate for the District us is a useful, important, and necessary for, she came through in flying colors. of Columbia and a strong negotiator vehicle to move the District of Colum- As has been said previously, I do not here in Congress, in helping to bring bia in the direction of getting its fiscal think any constituency represented by this measure to fruition. house in order. It contains tough provi- any Member of this body is served bet- Mr. Speaker, we in the suburbs do sions which require the District to be ter than by the gentlewoman from the recognize the importance of the Dis- responsible and accountable by requir- District of Columbia [Ms. NORTON]. trict of Columbia to the Nation’s vital- ing accurate annual budgets and a 4- In fact, this was a perfect time to ity. That is why I am here to support year financial plan. More, it cuts off demagog to achieve short-term politi- the District of Columbia Financial Re- the District’s direct entitlement to cal benefits at the long-term expense of sponsibility and Management Assist- drawing funds from the Treasury the health of the District of Columbia. ance Act. I hope my colleagues in this should it run out of money. She chose instead to work in a con- body also recognize the importance of Consequently, without this control structive fashion. the District of Columbia as the seat of board the District will live under a Likewise, I think we ought to give our Nation’s Capital and would also growing dark cloud of financial uncer- some credit, as I said in the full com- support this measure. tainty. If the District lives under such mittee, to the gentleman from Georgia, Looking at our current situation, Mr. a dark cloud, the Maryland and Vir- Mr. GINGRICH, the Speaker, in having Speaker, it is in fact a crisis. There ginia suburbs, as well as the rest of the the foresight to make the gentleman have been some mistakes on the part of country, will be adversely affected. A from Virginia, TOM DAVIS, the chair- the District of Columbia, but the Con- healthy Capital City makes for a man of this subcommittee. The fact is gress also bears a significant part of healthier Nation and is, as well, criti- that he could not have chosen better. the responsibility for this situation. cal to a healthy Washington metropoli- The gentleman from Virginia has We have helped create this structural tan area. proven himself fully worthy of the deficit that includes congressionally In closing, as we do our part in pro- task. He deserves a great deal of credit, imposed unfunded pension liabilities, tecting the viability and stability of not just from us in the Washington re- so it is good that both parties have the Nation’s Capital, it is my expecta- gion, but from this entire body. come together. tion, as the gentlewoman from the Dis- Mr. Speaker, this is a terribly impor- Again, the gentleman from Virginia trict of Columbia has said, that we will tant first step, but it is only a first [Mr. DAVIS] has been inclusive in allow- receive and are receiving full coopera- step. This board will distribute the lim- ing the District of Columbia officials tion from the District of Columbia. ited resources that are available to the April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4071 District of Columbia, and I know that the gentleman from Michigan [Mr. this security, I propose the adoption of a city it is going to do a responsible job in BONIOR], the gentleman from New York manager form of government. This form of that, but it is only a first step in that [Mr. GILMAN], the gentleman from Indi- government would bring long-term fiscal ac- those resources are too limited. We ana [Mr. MCINTOSH], the gentleman countability to the city. I support maintaining need to take many more steps. from New Jersey [Mr. FRELINGHUYSEN], home rule for the citizens of Washington, DC, One such step may be giving the re- the gentleman from Georgia [Mr. and believe that a city manager would be in- sponsibility for Lorton, for example, KINGSTON], the gentleman from Texas strumental in preventing the need for future over to the Federal Bureau of Prisons, [Mr. BONILLA], the gentleman from Illi- Federal intervention. because that is a State function, and nois [Mr. DURBIN], the gentleman from Currently, the city bureaucracy is bloated the city has only normal city resources Pennsylvania [Mr. FOX], the gentleman and out of control. There is no accountability available to it. We ought to examine from New Jersey [Mr. PAYNE], the gen- and a clear lack of professionalism. A financial other steps like that. tleman from New York [Mr. OWENS], control board can help bring the current crisis We also ought to look at possibilities the gentleman from Georgia [Mr. under control, but this Board should not be a of setting aside large tax-free zones. LEWIS], the gentlewoman from Florida permanent fixture for the District government. The board might want to take the ini- [Mrs. MEEK], the gentleman from New If an oversight board is in place for only 5 tiative to seek out consortia, bankers, York [Mr. TOWNS], the gentleman from years, as currently suggested, then long-term developers, city planners, and find Maryland [Mr. MFUME], the gentleman solvency can only be solved by restructuring areas in the city that are currently not from New Mexico [Mr. RICHARDSON], yielding any Federal revenue, so it the gentleman from Maryland [Mr. the D.C. government. would not cost us anything in terms of EHRLICH], the gentleman from New A city manager would increase bureaucratic Federal income taxes, but perhaps take Mexico [Mr. SCHIFF], the gentleman efficiency. A full-time, professional city man- the initiative to give the city an oppor- from New Hampshire [Mr. ZELIFF], the ager would be responsible for the bureaucratic tunity to rebuild its tax base. That ul- gentleman from Washington [Mr. structure presently controlled by the Mayor. timately is what is needed. TATE], the gentleman from Michigan The manager would be hired by, and account- The fact is this entire body ought to [Mr. CHRYSLER], the gentleman from able to, the city council, with appointments be proud of this piece of legislation. It Florida [Mr. SCARBOROUGH], the gentle- and terminations to be approved by the House is the right thing to do, done by the woman from Georgia [Ms. MCKINNEY], and Senate oversight subcommittees. Appoint- right people in the right way. the gentlewoman from Ohio [Ms. KAP- ing a professional to run the city would in- Ms. NORTON. Mr. Speaker, I yield TUR], and the gentleman from Virginia crease the likelihood that congressionally myself such time as I may consume. [Mr. PAYNE]. mandated cuts and reforms would be appro- Mr. Speaker, I hope the House will Finally, Mr. Speaker, I want to priately instituted. The District government regard this as a historic day for a new thank several individuals I did not needs a leader who can insure tax dollars are beginning, not a sad day, but a day thank in my opening colloquy. Mr. not wasted and services are delivered. that marked the period when the Dis- Noah Wofsy, the legislative counsel, The council-manager form of government is trict shot out of its doldrums, the kind did an outstanding job, working many compatible with the implementation of a finan- of doldrums many large cities find late hours around the clock to satisfy cial oversight board. The District faces many themselves in today. the many demands placed upon him, in problems that can only be solved by making I am appreciative for the work of the a timely manner. We are very, very tough decisions that will undoubtedly be un- subcommittee, particularly the gen- grateful for his efforts, Noah. I want to popular with some constituents. A city man- tleman from Virginia [Mr. DAVIS]. As a thank him. ager will make home rule finally work. HUD native Washingtonian in a region with- Also I want to thank Mr. Ed Desev Secretary Henry Cisneros and California Gov- out borders, he has made that under- and Alice Rivlin from the President’s ernor Pete Wilson both served as mayors stood by the way he has transformed Office and OMB, who worked with us in under a council-manager form of government the committee process for these pur- drafting this legislation. Finally, from in San Antonio and San Diego respectively. poses. my staff, I want to thank Mr. John These are 2 of the 10 largest cities in the Mr. DAVIS. Mr. Speaker, I yield my- Hishta, Chip Nottingham, and Cathy country. As a matter of fact, many of the Na- self 21⁄4 minutes. Walsh, who were very helpful in coordi- Mr. Speaker, debt service is one of nating this. tion's most successfully run cities have coun- the basic functions of a municipal gov- With that, Mr. Speaker, I would urge cil-manager systems in place. Some examples ernment. One of the stated purposes of adoption of H.R. 1345. are: Dallas, TX; Phoenix, AZ; Austin, TX; San this act is to assist the District of Co- Mr. BONILLA. Mr. Speaker, I rise in support Jose, CA; Cincinnati, OH; Norfolk, VA; Little lumbia in attaining and then maintain- of H.R. 1345, the District of Columbia Finan- Rock, AR; and St. Louis, MO. ing access to the credit and bond mar- cial Responsibility and Management Assist- Sadly, elected representatives in the District kets. ance Act. Unfortunately, the continued deterio- of Columbia have addressed political problems The subcommittee has tried to make ration of the District's financial status and the without concern for the consequences. The di- abundantly clear that existing debt inaction of local officials has left us no other vision of responsibilities between the District and its debt service payments are of choice but to pursue this legislation. The over- and Congress has led, and perhaps encour- concern. Lack of timely debt service sight board created by this bill will stabilize the aged, local officials to finger point rather than payment would be counter to one of District's financial health. For far too many solve problems. the major purposes of this legislation. years local officials have been unwilling to ac- Mr. Speaker, I believe the District of Colum- Debt service is a foundational part of cept responsibility and make the tough deci- bia is one of the greatest cities in the world. the District of Columbia budgets. The sions that must be made. Presently, the de- All America has a vested interest in seeing subcommittee expects that already mands of municipal unions are given priority this city succeed. We cannot succeed without dedicated funds be used to pay debt over the needs of schoolchildren. This consideration of a long-term solution. I trust service. govenrment-union conglomerate threatens the the Congress will give this proposal serious If those funds are not sufficient, then safety of this community. Citizens do not know consideration. other available funds can and should be from one day to the next if they will have po- Mr. FRELINGHUYSEN. Mr. Speaker, I rise used by either the District government lice, fire, and medical protection, or if they will today to express my full support for moving or the Authority to ensure timely pay- have basic services like waste disposal or forward with taking emergency steps to re- ment of debt service. street repair. store the District of Columbia to a sound finan- Mr. Speaker, I would also like to put Mr. Speaker, I am concerned for the long- cial status. I also want to congratulate Chair- into the RECORD additional cosponsors: term future of the District of Columbia. The men THOMAS DAVIS of Virginia and JAMES the gentleman from Texas [Mr. Oversight Board will help bring financial stabil- WALSH of New York, and Washington, DC ARMEY], the gentleman from Missouri ity to the District government, but what hap- Delegate ELEANOR HOLMES NORTON for all [Mr. GEPHARDT], the gentleman from pens after the Board dissolves? The Congress their hard work. Louisiana [Mr. LIVINGSTON], the gen- must help the District maintain long-term sta- As a member of the Subcommittee on the tleman from Indiana [Mr. BURTON], the bility, stability that will exist long after the Fi- District of Columbia, I am disturbed by the re- gentleman from Texas [Mr. DELAY], nancial Oversight Board dissolves. To attain ports of fiscal mismanagement throughout the H 4072 CONGRESSIONAL RECORD — HOUSE April 3, 1995 District, and I share my colleagues' concern A motion to reconsider was laid on The SPEAKER pro tempore. The about this current financial crisis. the table. question is on the motion offered by Having spent time in this city as a child, and f the gentleman from New Jersey [Mr. now as a U.S. Representative, residents of the SAXTON] that the House suspend the District and visitors to our Nation's Capital de- GENERAL LEAVE rules and pass the bill, H.R. 716, on serve better. They deserve to know how their Mr. DAVIS. Mr. Speaker, I ask unan- which the yeas and nays are ordered. money is being spent and they deserve more imous consent that all Members may The vote was take by electronic de- accountability. And, frankly, so do all the have 5 legislative days within which to vice, and there were—yeas 384, nays 0, American people. It is our Nation's Capital, revise and extend their remarks on not voting 51, as follows: and it should reflect America at its best. H.R. 1345, the bill just considered and [Roll No. 280] That is why I joined as a cosponsor of H.R. passed. YEAS—384 1345, the D.C. Financial Responsibility and The SPEAKER pro tempore (Mr. Abercrombie DeLay Hostettler Management Assistance Act of 1995. I believe HASTINGS of Washington). Is there ob- Ackerman Dellums Houghton that the proposed Financial Control Board will jection to the request of the gentleman Allard Deutsch Hoyer help put the District of Columbia back on the from Virginia? Andrews Diaz-Balart Hunter Archer Dicks Hutchinson right track. There was no objection. Armey Dingell Hyde I have spent the first 3 months of my term f Bachus Dixon Jackson-Lee in committee hearings on this matter, and from Baesler Doggett Jacobs what I have learned, the Financial Board is the PERMISSION TO FILE CON- Baker (CA) Doolittle Johnson (CT) FERENCE REPORT ON S. 244, THE Baker (LA) Doyle Johnson (SD) only true option we have to making the city Baldacci Dreier Johnson, E.B. solvent again. This Control Board will have the PAPERWORK REDUCTION ACT OF Ballenger Duncan Johnson, Sam authority to review city budgets, all District 1995 Barcia Dunn Johnston Barr Durbin Jones master plans, labor contracts before they are Mr. DAVIS. Mr. Speaker, I ask unan- Barrett (NE) Edwards Kanjorski approved, all city borrowing, including loans imous consent that the Committee on Barrett (WI) Ehlers Kaptur from the U.S. Treasury and borrowing for the Government Reform and Oversight be Bartlett Ehrlich Kasich D.C. government. The Board will continue to Barton Emerson Kelly given until midnight tonight to file the Bass Engel Kennedy (MA) operate at full authority until the District bal- conference report on S. 244, the Paper- Bateman English Kennedy (RI) ances its budget for at least 4 straight years work Reduction Act of 1995. Beilenson Ensign Kennelly and it remain in a reduced oversight capacity The SPEAKER pro tempore. Is there Bentsen Eshoo Kildee Bereuter Evans Kim until the city pays off all loans taken out under objection to the request of the gen- Bevill Everett King its authority. A five-member board will be indi- tleman from Virginia? Bilirakis Ewing Kingston viduals with proven financial or management There was no objection. Bishop Farr Klink expertise. Bliley Fawell Klug f Blute Fazio Knollenberg Mr. Speaker, I urge the Board to be formed Boehlert Fields (LA) Kolbe as soon as possible so that the city will be re- RECESS Boehner Filner LaFalce turned to a fiscally sound status, such that all Bonilla Flanagan LaHood The SPEAKER pro tempore. Pursu- Bonior Foley Largent citizens, especially its children, are given a ant to clause 12 of rule I, the Chair de- Bono Forbes Latham better quality of life by the District's govern- clares the House in recess until 5 p.m. Borski Ford LaTourette ment. Accordingly (at 3’oclock and 59 min- Boucher Fox Lazio Miss COLLINS of Michigan. Mr. Speaker, I Brewster Frank (MA) Leach utes p.m.), the House stood in recess Browder Franks (CT) Levin want to add my voice today to those who have until 5 p.m. Brown (CA) Franks (NJ) Lewis (CA) offered their support for H.R. 1345, the District f Brownback Frelinghuysen Lewis (GA) of Columbia Financial Responsibility and Man- Bryant (TX) Frost Lewis (KY) b Bunn Funderburk Lightfoot agement Assistance Act. 1700 Bunning Furse Linder In a Congress where recent debates have AFTER RECESS Burr Ganske Lipinski given new meaning to the word ``partisan,'' Burton Gekas Livingston this bill is indeed a rarity. It is a rapid biparti- The recess having expired, the House Buyer Gephardt LoBiondo was called to order by the Speaker pro Callahan Geren Lofgren san response to a crisis which, by its very na- Calvert Gibbons Longley ture, has invited partisanship at every turn. tempore [Mr. HASTINGS of Washington] Camp Gilchrest Luther Also, unlike many other critical bills in this at 5 p.m. Canady Gillmor Maloney f Cardin Gilman Manton Congress, H.R. 1345 has had appropriate de- Castle Gonzalez Manzullo liberations. In addition to meeting with D.C. MESSAGE FROM THE SENATE Chabot Goodlatte Markey government officials, the Subcommittee on the Chambliss Goodling Martinez District of Columbia heard testimony from A message from the Senate by Mr. Chapman Gordon Martini Christensen Goss Mascara State and municipal officials who have worked Hallen, one of its clerks, announced Chrysler Graham Matsui extensively with municipal financial control that the Senate agrees to the report of Clay Green McCarthy boards. Because control boards are rarely the committee of conference on the Clayton Greenwood McCrery disagreeing votes of the two Houses on Clement Gunderson McHale used, the knowledge derived from the testi- Clinger Gutierrez McHugh mony of these experts was priceless. the amendment of the Senate to the Clyburn Gutknecht McInnis Finally, subcommittee members and staff bill (H.R. 831) an Act to amend the In- Coble Hall (OH) McIntosh worked around the clock to incorporate what ternal Revenue Code of 1986 to perma- Coburn Hall (TX) McKeon Coleman Hamilton McKinney they had learned into the legislation before us nently extend the deduction for the Collins (GA) Hancock McNulty today. This is a model bill, and I hope that health insurance costs of self-employed Collins (IL) Hansen Meehan other committees will take heed of our exam- individuals, to repeal the provision per- Collins (MI) Harman Meek mitting nonrecognition of gain on sale Combest Hastert Menendez ple. Conyers Hastings (FL) Metcalf I yield back the balance of my time. and exchanges effectuating policies of Cooley Hastings (WA) Meyers The SPEAKER pro tempore. All time the Federal Communications Commis- Costello Hayes Mfume has expired. sion, and for other purposes. Cox Hayworth Mica Coyne Hefley Miller (CA) The question is on the motion offered f Cramer Hefner Miller (FL) by the gentleman from Pennsylvania Crane Heineman Mineta [Mr. CLINGER], that the House suspend FISHERMEN’S PROTECTIVE ACT Cremeans Herger Minge AMENDMENTS Cubin Hilleary Mink the rules and pass the bill, H.R. 1345, as Cunningham Hilliard Molinari amended. The SPEAKER pro tempore. The Danner Hinchey Mollohan The question was taken, and (two- pending business is the question of sus- Davis Hobson Moorhead thirds having voted in favor thereof) pending the rules and passing the bill, de la Garza Hoekstra Moran Deal Hoke Morella the rules were suspended and the bill, H.R. 716. DeFazio Holden Murtha as amended, was passed. The Clerk read the title of the bill. DeLauro Horn Myers April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4073

Myrick Roybal-Allard Tate PERSONAL EXPLANATION Hyde Mollohan Shadegg Neal Royce Tauzin Jackson-Lee Montgomery Shaw Nethercutt Sabo Taylor (MS) Mr. WATTS of Oklahoma. Mr. Speak- Jacobs Moorhead Shays Neumann Salmon Taylor (NC) er, I was unavoidably detained during Johnson (CT) Moran Shuster Ney Sanders Tejeda rollcall vote 280. Had I been here, I Johnson (SD) Morella Sisisky Norwood Sanford Thomas would have voted ‘‘aye.’’ Johnson, E. B. Murtha Skaggs Nussle Sawyer Thompson Johnson, Sam Myers Skeen Oberstar Saxton Thornberry f Johnston Myrick Skelton Obey Scarborough Thurman Jones Nadler Slaughter Ortiz Schaefer Tiahrt SENSE OF THE HOUSE REGARDING Kanjorski Neal Smith (MI) Orton Schiff Torkildsen Kaptur Nethercutt Smith (NJ) Oxley Schroeder Torricelli AMERICAN CITIZENS HELD IN Kasich Neumann Smith (TX) Packard Schumer Towns IRAQ Kelly Ney Smith (WA) Pastor Scott Traficant Kennedy (MA) Norwood Solomon Paxon Seastrand Upton The SPEAKER pro tempore (Mr. Kennedy (RI) Nussle Souder Payne (VA) Sensenbrenner Velazquez HASTINGS of Washington). The pending Kennelly Oberstar Spence Pelosi Serrano Vento business is the question of suspending Kildee Obey Spratt Peterson (FL) Shadegg Visclosky the rules and agreeing to the resolu- Kim Ortiz Stark Peterson (MN) Shaw Volkmer King Orton Stearns Petri Shays Vucanovich tion, House Resolution 120, as amend- Kingston Owens Stenholm Pickett Shuster Waldholtz ed. Klink Oxley Stockman Pombo Sisisky Walker The Clerk read the title of the resolu- Klug Packard Stokes Pomeroy Skaggs Walsh Knollenberg Pallone Studds Porter Skeen Wamp tion. Kolbe Parker Stump Portman Skelton Ward The SPEAKER pro tempore. The LaFalce Pastor Stupak Poshard Slaughter Waters question is on the motion offered by LaHood Paxon Talent Quillen Smith (MI) Watt (NC) the gentleman from New York [Mr. Largent Payne (NJ) Tanner Quinn Smith (NJ) Waxman Latham Payne (VA) Tate Radanovich Smith (TX) Weldon (FL) GILMAN] that the House suspend the LaTourette Pelosi Tauzin Rahall Smith (WA) Weldon (PA) rules and agree to the resolution, Lazio Peterson (FL) Taylor (MS) Ramstad Solomon Weller House Resolution 120, as amended, on Leach Peterson (MN) Taylor (NC) Rangel Souder White Levin Petri Tejeda Reed Spence Whitfield which the yeas the nays are ordered. Lewis (CA) Pickett Thomas Regula Spratt Wicker The vote was taken by electronic de- Lewis (GA) Pombo Thompson Riggs Stark Wilson vice, and there were—yeas 399, nays 0, Lewis (KY) Pomeroy Thornberry Rivers Stearns Wolf not voting 36, as follows: Lightfoot Porter Thurman Roberts Stenholm Woolsey Linder Portman Tiahrt Roemer Stockman Wyden [Roll No. 281] Lipinski Poshard Torkildsen Rogers Stokes Wynn YEAS—399 Livingston Quillen Torricelli Rohrabacher Studds Yates LoBiondo Quinn Towns Ros-Lehtinen Stump Young (AK) Abercrombie Chrysler Flanagan Lofgren Radanovich Traficant Rose Stupak Young (FL) Ackerman Clay Foley Longley Rahall Tucker Roth Talent Zeliff Allard Clayton Forbes Luther Ramstad Upton Roukema Tanner Zimmer Andrews Clement Ford Maloney Rangel Velazquez Archer Clinger Fox Manton Reed Vento NOT VOTING—51 Armey Clyburn Frank (MA) Manzullo Regula Visclosky Bachus Coble Franks (CT) Becerra Frisa Montgomery Markey Riggs Volkmer Baesler Coburn Franks (NJ) Berman Gallegly Nadler Martinez Rivers Vucanovich Baker (CA) Coleman Frelinghuysen Bilbray Gejdenson Olver Martini Roberts Waldholtz Baker (LA) Collins (GA) Frisa Brown (FL) Gingrich Owens Mascara Roemer Walker Baldacci Collins (IL) Frost Brown (OH) Inglis Pallone Matsui Rogers Walsh Ballenger Collins (MI) Funderburk Bryant (TN) Istook Parker McCarthy Rohrabacher Wamp Barcia Combest Furse Chenoweth Jefferson Payne (NJ) McCrery Ros-Lehtinen Ward Barr Conyers Ganske Condit Kleczka Pryce McHale Rose Waters Barrett (NE) Cooley Gekas Crapo Lantos Reynolds McHugh Roth Watt (NC) Barrett (WI) Costello Gephardt Dickey Laughlin Richardson McInnis Roukema Watts (OK) Bartlett Cox Geren Dooley Lincoln Rush McIntosh Roybal-Allard Waxman Barton Coyne Gibbons Dornan Lowey Thornton McKeon Royce Weldon (FL) Bass Cramer Gilchrest Fattah Lucas Torres McKinney Sabo Weldon (PA) Bateman Crane Gillmor Fields (TX) McCollum Tucker McNulty Salmon Weller Beilenson Cremeans Gilman Flake McDade Watts (OK) Meehan Sanders White Bentsen Cubin Gonzalez Foglietta McDermott Williams Meek Sanford Whitfield Bereuter Cunningham Goodlatte Fowler Moakley Wise Menendez Sawyer Wicker Bevill Danner Goodling Metcalf Saxton Wilson b Bilbray Davis Gordon Meyers Scarborough Wolf 1700 Bilirakis de la Garza Goss Mfume Schaefer Woolsey Ms. DUNN of Washington changed Bishop Deal Graham Mica Schiff Wyden Bliley DeFazio Green Miller (CA) Schroeder Wynn her vote from ‘‘nay’’ to ‘‘yea.’’ Blute DeLauro Greenwood Miller (FL) Schumer Yates So (two-thirds having voted in favor Boehlert DeLay Gunderson Mineta Scott Young (AK) thereof) the rules were suspended and Boehner Dellums Gutierrez Minge Seastrand Young (FL) Bonilla Deutsch Gutknecht Mink Sensenbrenner Zeliff the bill was passed. Bonior Diaz-Balart Hall (OH) Molinari Serrano Zimmer The result of the vote was announced Bono Dicks Hall (TX) as above recorded. Borski Dingell Hamilton NOT VOTING—36 A motion to reconsider was laid on Boucher Dixon Hancock Becerra Gejdenson McDade Brewster Doggett Hansen the table. Berman Gingrich McDermott Browder Doolittle Harman Condit Inglis Moakley Brown (CA) Dornan Hastert f Crapo Istook Olver Brown (FL) Doyle Hastings (FL) Dickey Jefferson Pryce Brown (OH) Dreier Hastings (WA) Dooley Kleczka Reynolds PERSONAL EXPLANATION Brownback Duncan Hayes Fattah Lantos Richardson Bryant (TN) Dunn Hayworth Fields (TX) Laughlin Rush Mr. PALLONE. Mr. Speaker, during rollcall Bryant (TX) Durbin Hefley Flake Lincoln Thornton vote No. 280 on H.R. 716, I was unavoidably Bunn Edwards Hefner Foglietta Lowey Torres detained. Had I been present I would have Bunning Ehlers Heineman Fowler Lucas Williams Burr Ehrlich Herger Gallegly McCollum Wise voted ``yea.'' Burton Emerson Hilleary f Buyer Engel Hilliard b 1721 Callahan English Hinchey Calvert Ensign Hobson So (two-thirds having voted in favor PERSONAL EXPLANATION Camp Eshoo Hoekstra thereof) the rules were suspended and Canady Evans Hoke Mr. BROWN of Ohio. Mr. Speaker, I Cardin Everett Holden the resolution, as amended, was agreed would have voted ‘‘yes’’ on rollcall 280, Castle Ewing Horn to. H.R. 716. The bells in my office did not Chabot Farr Hostettler The result of the vote was announced work and I did not hear the rollcall Chambliss Fawell Houghton as above recorded. Chapman Fazio Hoyer until the second rollcall, when it was Chenoweth Fields (LA) Hunter A motion to reconsider was laid on brought to my attention. Christensen Filner Hutchinson the table. H 4074 CONGRESSIONAL RECORD — HOUSE April 3, 1995 PERSONAL EXPLANATION missile technology in terms of their Finally, at 2 o’clock in the afternoon Mr. STUPAK. Mr. Speaker, I was not motors to drive those cruise missiles. in that same hearing room, General here on Thursday, March 30, as I was in It is an area we need to focus on, and O’Neill will come before the Sub- Michigan attending a funeral. I missed Mr. Speaker, one that we are not put- committee on Research and Develop- two rollcall votes: rollcall vote No. 278 ting enough emphasis on in terms of ment of the Committee on National Se- and rollcall vote No. 279. national security interests. curity, and we will explore in great de- If I had been here, I would have voted Mr. Speaker, the second concern tail with him the technologies that are ‘‘no’’ on rollcall 278 and ‘‘no’’ on roll- dealing with missiles deals with thea- in fact available today, those that are call 279. ter missiles, those systems that could being deployed, and those technologies I ask that this be reflected in the protect our troops from an attack in a that are on the horizon for us to be re- RECORD. theater of operation, like we saw the searching and looking to implement. SCUDS do in Desert Storm. We are Mr. Speaker, I would ask all of our f working aggressively in this area, Mr. colleagues to join in this assessment of b 1745 Speaker. The President supports thea- where we are going with missile de- ter missile defense. I support that ef- fense technology, and to join with a bi- SPECIAL ORDERS fort. I want to make sure we give Gen- partisan effort in making sure that The SPEAKER pro tempore (Mr. eral O’Neill the maximum support pos- Members of Congress understand the HASTINGS of Washington). Under the sible in terms of theater missile de- threat that is there. Some would say Speaker’s announced policy of January fense. that with the demise of the former So- 4, 1995, and under a previous order of The third area deals with national viet Union there is no more threat. the House, the following Members will missile defense. Most of the public at Mr. Speaker, one only has to look at be recognized for 5 minutes each. large in this country does not realize what is happening in the real world to f that currently we have no protection understand that we are today unpro- against a deliberate or accidental tected. MISSILE PROLIFERATION, ONE OF launch of one missile aimed at our f THE GREATEST THREATS TO mainland. AMERICA IN THE 21ST CENTURY What further concerns me, Mr. THE CROWN JEWELS OF THE RE- The SPEAKER pro tempore. Under a Speaker, is the fact that China now has PUBLICAN CONTRACT WITH previous order of the House, the gen- a missile, the CSS II, that has a range AMERICA GO TO WEALTHY COR- tleman from Pennsylvania [Mr. of 2,000 miles. North Korea is develop- PORATIONS, NOT TO MIDDLE-IN- WELDON] is recognized for 5 minutes. ing a missile, the Taipodong II missile, COME AMERICANS Mr. WELDON of Pennsylvania. Mr. that has a range of several thousand The SPEAKER pro tempore. Under a Speaker, I rise today to call attention kilometers, that could one day reach previous order of the House, the gen- to an issue that is dominating much of Guam and perhaps even Alaska. We tleman from Oregon [Mr. DEFAZIO] is the discussion of the House and Senate have no defense against those kinds of recognized for 5 minutes. Armed Services and National Security missiles. Mr. DEFAZIO. Mr. Speaker, the Committees dealing with missile de- In fact, as I mentioned at the onset Speaker said it all over the weekend. fense. of my comments tonight, Russia is now He talked about the crown jewel, or the Those of us who saw CNN yesterday offering the SS25 architecture, one of crowning achievement of the Repub- report that the Russians have now de- their main missile launch systems, to lican Contract on America; that is, the cided to offer for sale the SS25 missile other nations. coming tax cuts. launch architecture to other nations of Mr. Speaker, with these things in I would say it is a crowning achieve- the world realize that the potential for mind, we are now trying to provide for ment for certain, because we are talk- this technology, that in fact could Members of Congress a detailed assess- ing about $188 billion over 5 years. launch an intercontinental ballistic ment of the threat and what our capa- That is even more than these precious missile to any part of our country, is in bilities are in terms of missile defense jewels on this crown here could rep- fact being offered for sale to Third technology. We are holding five hear- resent: $630 billion over 10 years. This World nations and to nations to be ings in the Committee on National Se- is quite an achievement. used as a space launch assembly. This curity on missile defense, the tech- We have been cutting and hacking greatly concerns me and many of my nology, where we are today, the threat, our way through domestic programs colleagues, Mr. Speaker, because of the and what we have bought and what we the school lunch program, the Women, potential for a rogue nation to obtain have received for the dollars we have Infants, and Children Program, and a this technology in a very short period invested. whole host of other things that are im- of time. Mr. Speaker, I would invite all of our portant to middle-income Americans. In addition, we see where the Ira- colleagues to come out tomorrow We are putting that in the pot. That is nians are now putting together cruise morning in the Rayburn Building in going to help begin to pay for the missiles along the Straits of Hormuz, H.R. 2118, the Committee on National crowning achievement, for the crown which could threaten the shipping Security main hearing room, where we jewels. lanes in that area. will have assembled the technologies We could say, in fact, that figu- Mr. Speaker, the bottom line is that that we have purchased with our mis- ratively the Speaker and his party one of the greatest threats that we will sile defense moneys over the past dec- have been taking dollars and cents out have to face as we approach the 21st ade or so. Members will be able to see of the pockets of middle-income and century is that of missile proliferation. these technologies, ask questions, and less-well-off Americans, thrown them In fact, Mr. Speaker, there are three be briefed by General O’Neill and those all together in one big pot, in order to specific areas we have to focus on. The people in the Navy, the Air Force, and buy a crown for those who are already first deals with cruise missiles, low-fly- the Army who have been working on at the top. ing, the kind of missiles we saw missile defense technology. Mr. Speaker, one of the most star- Saddham Hussein use in Desert Storm Following that walk-through, which tling proposals, and this wasn’t in the against the Israelis, known as the is open to every Member of the House contract to come forward, but it has SCUDS. and Senate, we will have a press con- been added after some corporate arm- Cruise missiles are currently in the ference at 11 o’clock and then open the twisting and lobbying, big business got hands of 77 nations around the world, entire display to the public. From 11:00 a very, very special break here. Every- Mr. Speaker. In fact, 20 nations of the until 1:00 the public is invited to come one’s eyes start to glaze over a bit world are not producing cruise mis- to 2118 Rayburn, where they can see when you talk taxes, so I guess no one siles. In fact, we in this country, much the kinds of technology that we have thought much when suddenly the Re- to my objection, just allowed the tech- developed over the years and that is publican contract had a little addition; nology to be transferred to China to ready to go into deployment, in some that is, a repeal of the alternative cor- allow them to increase their cruise cases, over the next several years. porate minimum tax. April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4075 What does that mean? Let us go back The SPEAKER pro tempore. Under a Mexican elite, an elite that ends up to 1982, before we had a corporate alter- previous order of the House, the gen- shooting their own brothers and sis- native minimum tax. Here is what it tleman from Maryland [Mr. WYNN] is ters; an elite that is so corrupt that meant back then. recognized for 5 minutes. when they cross the border, their From 1982 to 1985, AT&T—American [Mr. WYNN addressed the House. His former deputy Attorney General ends Telephone and Telegraph—had profits remarks will appear hereafter in the up being arrested in this country. of $24,898,000,000, and guess how much Extensions of Remarks.] We cannot permit the hard-earned they paid in taxes: nothing. In fact, f dollars of our taxpayers to keep flow- after $24,898,000,000 in profits over that ing in that direction while we try to 4-year period, they were entitled to a URGING MEMBERS TO JOIN IN balance the budget by just taking a lit- $635.5 million tax credit. That is, work- SIGNING THE STOCKMAN DIS- ing Americans people who go to work CHARGE PETITION tle bit here and saving a little bit there. Let us get to this very serious every day, and every day the Govern- The SPEAKER pro tempore. Under a ment takes something out of their pay- issue. I think the American people previous order of the House, the gen- ought to know that while we are debat- check, a little bit of that went to give tleman from California [Mr. ing these types of peripheral issues, AT&T a tax credit for taxes that it did ROHRABACHER] is recognized for 5 min- that a large chunk of cash, larger than not pay. utes. Who else? What else did this mean Mr. ROHRABACHER. Mr. Speaker, I any of the issues we are talking about, back in 1982? The Boeing Company was would like to draw the attention of my is flowing in this direction. doing a little better back then. They colleagues to the fact that since we Mr. Speaker, I would please ask my were selling more airplanes. They had have been negotiating and working out colleagues to sign the Stockman dis- profits of $2,271,000. How much did they problems here on the floor, trying to charge petition, and I would ask the pay in taxes? Not one red cent. In fact, save the taxpayer $100 million here and American people to see if their Con- they got a refundable tax credit of $121 $1 billion here and $1 billion there, that gressman has, indeed, gone along with million. The list goes on; Texaco, $1.5 billions of taxpayers dollars have been this righteous attempt to protect the billion, a $68 million credit. ripped off and sent to special interest hard-earned taxpayers’ dollars that Finally, Mr. Speaker, the loser at the groups, powerful interest groups, do- should be going either to bring down bottom of this list of 50, Middle South mestically and internationally. We are the deficit, or providing the services utilities, with a puny $2.5 billion in talking about the Mexican bailout. that are necessary for our own people. profits, paid nothing, but they were not Yes, in the name of bailing out a eligible for a credit. They did not get country that made horrible decisions, b 1800 the crown. However, maybe under this economic decisions, and is governed by Mr. Speaker, I yield to my friend the new proposal they will. a corrupt elite, the American taxpayer It is ironic that the Republican tax has been ripped off to the tune of tens gentlewoman from Ohio [Ms. KAPTUR]. proposal would not give a refundable of billions of dollars, and the cash is Ms. KAPTUR. I thank the gentleman tax credit for children. That is right, still flowing. for yielding. for people who are already at the bot- As we speak, every debate that goes I would just like to endorse his pro- tom of the rung, people earning around on, the cash is still flowing to a cor- posal to the membership to sign House $20,000 to $25,000 a year, they cannot rupt Mexican elite, and to Wall Street Discharge Petition 2, the Stockman- get a refundable tax credit for their speculators that decided instead of in- Sanders discharge petition. There is a children, but our corporations now will vesting in the United States of Amer- bill ready to come to the floor sup- be able to get refundable tax credits. ican to create jobs here, they would in- ported by a large number of Members Doesn’t that make you feel a lot bet- vest in Mexico, to get a higher rate of on both sides of the aisle, and I want to ter? Doesn’t that give you a little bit return. As soon as they lost their shirt, commend the gentleman from Califor- better idea what this is all about? because it was a risky investment, nia for bringing the importance of this The estimates are that these credits they come back to the American people would flow to the largest corporations to the American people as well as the and ask us to use our hard-earned membership. in this country; 90 percent of the alter- money to bail them out. It is a sin. It native minimum tax that was paid in As one of the signers of that dis- is a crime against our own people that charge petition, I know that it is the 1990 was paid by firms with assets of millions, and yes, billions of dollars are only alternative we have left to get a more than $250 million. Three-quar- being spent for that purpose. full debate in this House on Executive ters—75 percent—of those firms had as- Mr. Speaker, I would ask my col- action that has gone beyond the sets of more than $2 billion, so it is leagues to join the gentlewoman from bounds of precedent. those poor struggling firms with only Ohio, MARCY KAPTUR, and myself and $2 billion in assets to whom we are others who are dedicated to stop this Mr. ROHRABACHER. It is a bit cyni- going to extend a refundable tax credit flow of billions of dollars. Already tens cal, I believe, for us not to mention through this legislation this week. of billions of dollars have gone. We can this, and to keep talking about other Working Americans, the day after stop it before it is $50 billion by signing issues, about how we are trying to the crowning achievement of the gen- the Stockman discharge petition. If we bring down the budget deficit. tleman from Georgia [Mr. GINGRICH], can get 218 signatures on a petition How can we debate bringing down the the Contract With America, passes, from the rest of our colleagues, we can budget deficit by $100 million here or will go to work and the Government bring this issue to the floor for a vote. we are going to cut this benefit over will still take a nice piece of change I ask my colleagues to join me, and I here that is going to bring down the out of their paycheck. That will not ask the American people to see if their deficit supposedly by $2 billion, when change a bit, particularly if you only Congressmen have signed the Stock- earned $20,000 or $25,000 a year. How- billions and billions of more dollars are man discharge petition. How can we in ever, the corporation you work for actually continuing to flow to bail out good faith cut the services for the might just get a nice big, fat tax break, Mexico and these Wall Street specu- American people? Yes, I think it is im- particularly if they are worth more lators? It is a sin against our own peo- portant to do that if we are going to than $2 billion. Think about it. ple. bring down the budget deficit, so future f Sign the Stockman discharge peti- generations do not have to pay for tion. The SPEAKER pro tempore. Under a those services, but it is immoral for us previous order of the House, the gen- to cut the benefits and services that f tleman from California [Mr. RIGGS] is our people have paid for over their recognized for 5 minutes. lives in order not to balance the budg- A BALANCED BUDGET [Mr. RIGGS addressed the House. His et, but instead, to give us revenue to The SPEAKER pro tempore (Mr. remarks will appear hereafter in the send to people who speculate in foreign KINGSTON). Under a previous order of Extensions of Remarks.] countries and to prop up a corrupt H 4076 CONGRESSIONAL RECORD — HOUSE April 3, 1995 the House, the gentlewoman form Ohio benefit to any family in America has icy on Haiti and on South Africa and [Ms. KAPTUR] is recognized for 5 min- been lost already by higher interest Irish-Americans try to influence policy utes. rates they are paying due to our Na- with regard to Northern Ireland and Ms. KAPTUR. Mr. Speaker, is it any tion’s accumulated debt and its draw Jewish-Americans try to influence pol- wonder that the citizens of the United on our credit markets. icy with regard to the Middle East, States grow increasingly cynical about Is it not time for some courage and where are five articles or op-ed pieces this Congress? Expediency and the next wisdom in this Congress? Is it not time in the Washington Post in 3 days criti- election will dominate this week’s like- to vote for what is right for the next cizing that? I think that this has to be ly battle over the Republican proposed generation, not the next election? Is it called what it is. This is despicable. If tax cuts and their impact on our wors- not time for statesmen and states- it were targeted on the Irish-American ening budget deficit. We have got a bid- women to be elected here and send the community or the black community or ding war underway here to see who can election hucksters back home? the Jewish community, it would be flatter the most voters. Cutting spend- It is time to vote for a balanced rightfully called for what it is, it would ing, reducing the deficit and balancing budget. be called racist. Yet it is all right to the budget may not be popular with f say that Cuban-Americans cannot the hotshot pollsters who have got lobby in the United States so that the their eye on next year’s elections but is The SPEAKER pro tempore. Under a previous order of the House, the gen- country where they were born in and it not time that we do what is right for where relatives of theirs still have to America and for America’s future? tleman from Ohio [Mr. CHABOT] is rec- ognized for 5 minutes. live is free. That is incorrect according Keep this in mind. According to the to article after article and op-ed after [Mr. CHABOT addressed the House. Congressional Research Service, the op-ed. United States budget has not been bal- His remarks will appear hereafter in Let me just say to these folks at the anced since 1969. President Clinton in the Extensions of Remarks.] Washington Post, a little balance 1993 and 1994, to his credit, began to f would perhaps be logical. If you are make a dent in this fiscal mess. Every The SPEAKER pro tempore. Under a going to have five articles and op-eds Member here who supported him in previous order of the House, the gentle- in 3 days defending Castro, for exam- that effort did what was right. The an- woman from Connecticut [Ms. nual deficit was projected to be close ple, one of them here ‘‘Adrift on Cuba,’’ DELAURO] is recognized for 5 minutes. to $300 billion a couple of years ago but a savage attack on an American pa- has been brought down now to around [Ms. DeLAURO addressed the House. triot who happens to be in the State $170 billion, still not perfect but a Her remarks will appear hereafter in Department, Ambassador Michael whole lot better. In fact, the deficit as the Extensions of Remarks.] Skol, a savage attack, probably leaked a share of our total gross domestic f by someone in the National Security product has been cut by more than Council, notice this, attacks Michael half, from nearly 5 percent in 1992 to POST MOUNTS CAMPAIGN FOR Skol because Skol testified here in about 2.5 percent today. This level is CASTRO Congress that Castro last July had or- lower than at any time since 1979, The SPEAKER pro tempore. Under a dered over 40 men, women, and children which means it is not so much of a previous order of the House, the gen- sent to their deaths when he ordered drag on the economy. This marks the tleman from Florida [Mr. DIAZ- the sinking of a tugboat that has been first time since Harry Truman was BALART] is recognized for 5 minutes. reported after pleas and pleas and pleas President that the deficit has gone Mr. DIAZ-BALART. Mr. Speaker, from this Congress and elsewhere, it down 3 years in a row. But overall, our sometimes it is amazing to see the was finally reported in the media. And Nation has accumulated an unpaid debt campaign on behalf of one of the last Michael Skol pointed it out. of over $4.7 trillion as of January of remaining tyrants in the world that is Look at what this article says. ‘‘But this year, over $3 trillion of that $4.7 engaged upon by our local newspaper neither the National Security Council trillion total, nearly three-quarter of here, the Washington Post. nor the intelligence community has it, during the 12 years of the so-called In the last 3 days, we have five arti- evidence that the sinking was ordered supply side economics. Last year alone cles or op-ed pieces in this newspaper according to U.S. officials,’’ probably as a result, taxpayers, us, we had to desperately trying to defend Castro, Mr. Morton Halperin at the National pay nearly $300 billion just in interest desperately trying. Security Council, probably once again on the accumulated debt accounting ‘‘Proposed Republican Bill on Cuba the folks around the President who for about 15 percent of total Federal Could Hurt Canadian Economy.’’ That continue to try to pressure the Presi- spending. is one article. dent into throwing a signal of friend- Of this $300 billion in interest that ‘‘U.S. Alarms Canada with Cuba ship, sending a signal of friendship to people are paying, $44 billion of it is Shift.’’ the Cuban tyrant. being paid to foreign creditors we are ‘‘Adrift on Cuba.’’ Listen to this. ‘‘Because the Cuban borrowing from to finance our over- ‘‘Get off Cuba’s Back.’’ government insists the sinking was ac- spending. The interest we pay on the ‘‘A Bill That Will Help Castro.’’ cidental, Skol’s testimony was taken debt just this year is enough to pay the By the way, this bill that has been by Cuban officials as an accusation entire defense budget of the Nation for introduced in the Senate by Senator that Castro had personally ordered it.’’ 1 year as well as all of the medical HELMS and here by Congressman BUR- Well, what happened if that was not costs for our veterans and the entire TON already with a substantial number the case? If anyone knows anything cost of our college student loan pro- of us cosponsoring it, this bill that this about the Cuban situation, you know gram. op-ed piece in the Washington Post that nothing happens in Cuba, much So what does the Republican Con- from yesterday, under the headline ‘‘A less do security officials dare to sink tract on America intend to do about all Bill That Will Help Castro,’’ this the- purposefully as the evidence has con- of this? It intends to enact a tax cut ory that this bill helps Castro, it is in- clusively pointed to, much less do they that will make matters $700 billion teresting. It happens to be Castro’s purposely sink a ship with over 70 refu- worse over 10 years. main objective in terms of defeat. Yet gees if they do not have the direct After we have cut the deficit by $130 article after article after article, we order of their commander in chief. All billion over the last 3 years, which is see allegations that, for example, two the evidence points to that and Ambas- not small potatoes, we are now going things, and this is another op-ed in the sador Skol is criticized. to throw reason out the window and Washington Post from today. This op- We are going to continue talking sop up all our progress. What is really ed says, ‘‘Two things seem to be driv- about this, Mr. speaker. But this is sad about all of this is that interest ing our anti-Castro policy. Cubans in very serious and apparently continues rates in America are rising, 7 times in Florida and sheer vengeance.’’ to come out of the Clinton National Se- the last year, to offset our prior credit Where do we see, for example, when curity Council and something has got orgy. So even if a tax cut passed, the black Americans try to influence pol- to be done about it. April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4077 ECONOMIC UPDATES FROM JOINT this year Victory Over Government Needy students from across the coun- ECONOMIC COMMITTEE Day will be June 4. Under President try who now make the choice to go to The SPEAKER pro tempore. Under a Clinton’s proposed budget by the year college will no longer have a chance to previous order of the House, the gen- 2002, Victory Over Government Day do so. tleman from New Jersey [Mr. SAXTON] will be 3 days later, on June 7. Four programs are targeted—College is recognized for 5 minutes. Under the provisions of the contract Work Study; Perkins Student Loans; Mr. SAXTON. Mr. Speaker, I rise to- and the tax package we will pass this Stafford Interest-Deferred Student night to announce to the House that week, Victory Over Government Day Loans; and Supplemental Education over the last several days, together will shrink back to May 26, a difference Opportunity Grants. with my Joint Economic Committee of 12 days that the American family This elimination and restructuring of staff, we have prepared five papers that can work for themselves instead of college student aid programs come hot demonstrate very well why all Mem- sending money to Government. on the heels of $1.7 billion in cuts in bers of the House should support this b 1815 other education programs serving low- week the final element of the Contract Finally, the paper, the fifth paper, and middle-income families. With America. These are five papers entitled ‘‘The Contract and the Fu- Under College Work Study, Federal which are very easy reading and I ture,’’ points out that the contract dollars are provided to colleges to pro- would just like to tell you what the helps parents provide for their chil- vide jobs for low- and middle-income five papers are and if you are inter- dren’s future and for their inheritance students. ested in having a copy, you can call my in four important ways. Three quarters of a million students office and obtain one. First, the contract improves take- who worked their way through college The first one is ‘‘The Contract and home pay for families because with an last year, will not have that oppor- Economic Growth.’’ The first paper expanding economy we can all expect tunity next year. makes note that economic growth has to make more. Under the Perkins Loan Program, been forecast by the Clinton adminis- Second, the contract provides for the the Federal Government provides tration over the coming years to grow super-IRA provision and, in so doing, money to colleges to establish low-in- at only about 2.3 to 2.5 percent. We allows increased savings. The contract terest loan funds for their students. point out in this that the economic allows the family to plan more effi- Another three quarters of a million policies that are contained in this ciently for college or for retirement. students who borrowed Perkins money week’s tax package will promote the Third, the contract helps families for their education last year, will not kind of growth that will get us back to plan for their future by reducing the have that opportunity next year. where we need to be. You do not have benefits tax on seniors who work. As Stafford loans allow low- or middle- to ask us, because this issue has been we all know, in 1993 President Clinton income students to borrow money for studied by others and many others and the Democrats increased the taxes their education and defer repayment of from outside the Congress agree that on senior citizens’ Social Security, and the loan, including interest, until 6 that will happen. of course that is repealed. months after graduation. The second paper is ‘‘The Contract The fourth and final way the con- Under the Stafford Loan Program, Means More Personal Incomes for tract helps families provide is by re- Families.’’ As the economy grows and needy students can attend and com- ducing the estate tax and thereby re- plete college, without having to worry expands, everybody’s share will be big- ducing the taxes on inheritance. And, ger, from low-income people to high-in- about loan repayments until they have of course, that allows parents to pass jobs. come people. As a matter of fact, by more along to their children to help the year 2002, it is projected that our Four and a half million students who them in the outyears. received Stafford loans last year, with- economy will be $1.1 trillion larger So these are five papers that we have than it is today. out the burden of interest repayment spent a lot of time researching, writ- while studying, will carry that burden The claims of supporters of the con- ing, putting together, verifying. They tract are realistic. Several studies, in- next year. are important points I think that are And, the Supplemental Educational cluding those by DRI/McGraw-Hill, made in these papers, and we will be Laurence Meyers and Associates, and Opportunity Grant Program is a direct more than happy to provide them to grant program that goes primarily to the Institute for Policy Innovation all any Member who wishes to have them. agree. low-income, truly needy students. f The third paper is ‘‘The Contract and Nearly a million truly needy stu- Take Home Pay.’’ It is important to The SPEAKER pro tempore (Mr. dents who received grants under this make note that the $500 per child tax KINGSTON). Under a previous order of program last year will not receive credit helps those families that need it the House, the gentleman from North those grants next year. That program the most. For example, we point out in Dakota [Mr. POMEROY] is recognized for will be eliminated, if the majority pre- this paper that if you are a family with 5 minutes. vails. an income of $25,000, a family of four, [Mr. POMEROY addressed the House. The pace of proposed change at which that 100 percent of your tax, remaining His remarks will appear hereafter in the proponents of change have been op- tax liability will be alleviated by the the Extensions of Remarks.] erating is unprecedented in the history $500 tax credit. If you are in the $30,000 f of Congress. tax bracket, 48 percent of your tax li- But, they want change for the sake of ability will be alleviated with the Con- STUDENT LOAN PROGRAMS change. tract With America. If you are in the The SPEAKER pro tempore. Under a They want to restructure or elimi- $45,000 incomes category for a family of previous order of the House, the gentle- nate programs and change public pol- four, your tax liability will be reduced woman from North Carolina [Mrs. icy affecting millions of college stu- by 21.5 percent. And if you are in the CLAYTON] is recognized for 5 minutes. dents, who have been working for the whopping $50,000 category, your tax li- Mrs. CLAYTON. Mr. Speaker, we are future. ability will be reduced by 17.8 percent. confronted with yet another proposal In a mad rush to do something dif- Very significant for today’s families. for change. Too much change in too ferent, they can not be sure that they We also point out in paper No. 4 enti- short a time—a ‘‘dizzying disorienta- are doing something better. tled ‘‘The Contract and Victory Over tion,’’ said the writer Toffler. They fail to hear Karr, who com- Government Day,’’ for those of you The majority has outlined plans to mented, ‘‘The more things change, the who have not heard, Victory Over Gov- abolish or restructure four programs more they remain the same.’’ ernment Day is the day when we fi- that provide aid to college students. They miss the point of Patton, a nally get on our own to earn a living The drastic changes proposed will great Army general, who stated, for our family and do not have to send add almost $13 billion, over the next 5 ‘‘Weapons change, but man who uses any more money to the Government, years, to the cost of going to college. them changes not at all.’’ H 4078 CONGRESSIONAL RECORD — HOUSE April 3, 1995 They have the votes. They will try to tion from side to side where Members ford loan benefits at an increased cost change these programs, but they can are absent. of over $11 million. Nearly 7,000 stu- not crush the spirit that created them. Mr. OWENS. Mr. Speaker, I object. dents would lose their supplemental These programs were prudent when The SPEAKER pro tempore. Objec- education opportunity grants, an an- they were created, and they are pru- tion is heard. nual loss of $2.3 million for those fami- dent now. f lies. Those who blindly push for change Two thousand three hundred students STUDENT FINANCIAL AID have not considered the wise words of in San Francisco would lose college Shelley, whose poetry is as penetrating The SPEAKER pro tempore. Under a work-study. And the majority, the Re- in 1995 as it was in 1821, previous order of the House, the gentle- publican majority, would hand them a I am the daughter of earth and water, woman from California [Ms. PELOSI] is bill of $2.5 million to make. All told, And the nursling of the sky, recognized for 5 minutes. just for the students, families, and ad- I pass through the pores Ms. PELOSI. Mr. Speaker, on Friday, ministrators in San Francisco, over $17 of the oceans and shores, March 31, two colleagues of mine, Rep- I change, but I can not die. million annually in costs would be resentative GEORGE MILLER and Rep- passed back to the students, with no If they want real change, they should resentative ANNA ESHOO and I did change the minimum wage. something that the leadership of this expectation on how those millions If they want meaningful change, they body does not want to do. would be made up. should change the tax cut they have We held a hearing on the impact of But the most telling points, the most proposed for the wealthiest Americans the proposals by the Republican major- poignant testimony, the most powerful to focus on working families and the ity to cut the present system of Fed- arguments against this upside-down middle class. eral student financial aid. policy came from those who would be If they want change that makes a dif- We held a hearing to educate the pub- directly affected by those proposals. ference, they should change their Per- lic about these stealth proposals which We had an extraordinary panel of sonal Responsibility Act and restore would terminate investments in edu- seven students and parents. The stu- school lunch programs for children. cation to fund tax cuts for the wealthy. dents were hard-working young men If they want significant change, they We held a hearing in order that Con- and women, bright, intelligent future should change their minds about cut- gress may hear from the students, par- leaders of our country and their par- ting college student aid programs. ents, and administrators who would be ents who work hard and sacrifice to We will fight these changes to the affected by these proposals. give their children every advantage, an long-standing effective college student We held a hearing because the Repub- education. aid programs. lican majority of this body does not Here are some of their voices. Dr. Martin Luther King, Jr., in ac- want people to know the full impact of One senior at San Francisco State cepting the Nobel Peace Prize in 1964, the Draconian budget slashing that the University testified. His name was Mi- said, ‘‘The tortious road millions are Republican majority needs to pay for chael Rodriguez. Michael is 27, born traveling to find a new sense of dig- their tax cut for the wealthy. and raised in San Francisco, and was a nity, will, I am convinced be widened This body has passed legislation al- Marine for 9 years. He was assigned to into a superhighway of justice.’’ ready, Mr. Speaker, which was pro- both the Panama invasion and Oper- Today’s college student deserves to posed by the Republican majority ation Desert Storm and participated in learn about Toffler, Karr, Patton, Shel- which will rescind nearly $200 million ley, and King. the liberation of Kuwait. from our fiscal year 1995 student aid During his combat assignment he Change for the sake of change is ob- programs. This body will take up legis- was filling out his application and fi- viously useless. Secretary Riley had it lation later this week which would set nancial aid forms for San Francisco right when he said, ‘‘Education is a na- in motion a series of budget cuts which State. Here is what he had to say. Here tional priority.’’ Education of our will terminate what remains of it by youth is an investment in our Nation’s enacting the largest tax giveaway to is what Michael Rodriguez had to say: future. the rich that we have seen in recent For me, financial aid has allowed me to f memories. achieve my goals, for which I am thankful. I What does the Republican majority give thanks every day that programs like fi- REQUEST FOR PERMISSION FOR 5– nancial aid exist for students like myself. propose? MINUTE SPECIAL ORDER Students are cutting their time at school in They are proposing the elimination half so they can work full-time in order to Mr. SMITH of Michigan. Mr. Speak- of the deferred interest of Stafford and support themselves as financial aid money is er, I ask unanimous consent to address Perkins loans programs which enables becoming scarce. Financial aid, in my opin- the House for 5 minutes. students to obtain loans without hav- ion, creates a win-win situation. Financial The SPEAKER pro tempore. Is there ing to pay interest during the time aid is capital investment for the future. objection to the request of the gen- they are in school. Diana Summy Hunt, a student at the tleman from Michigan? The Republican majority is proposing University of San Francisco, said this Mr. OWENS. Mr. Speaker, reserving eliminating campus-based programs about work-study: ‘‘This program has the right to object, is there a list of such as college work-study which pro- permitted me to work on campus at Members for 5-minutes? vides not only a job to help pay for an the financial aid office as a reception- The SPEAKER pro tempore. There is. education but a job with purpose and ist and file clerk. On the average, I Mr. OWENS. There is a list? Can we meaning. work 18 hours per week, which allows follow the list? The Republican majority is proposing me to pay for my books and supplies, The SPEAKER pro tempore. The eliminating the supplemental edu- not to mention it has also given me a Chair is endeavoring to go across the cational opportunity grant which goes aisle, and the gentleman is on the list. to help the most needy students for variety of job experiences.’’ Mr. OWENS. Can we follow the list? whom a Pell grant is not enough. ‘‘It is not easy,’’ she said, ‘‘juggling The SPEAKER pro tempore. We are The Republican majority is proposing classes and a job. College work-study following the list, but they are asking passing on to students, families, and enables me to do both. If these pro- for unanimous consent. Is the gen- administrators over a quarter of a bil- grams were eliminated, I can honestly tleman objecting? lion dollars a year in increased edu- say that I have no idea where I will Mr. OWENS. Well, I thought the cational costs just to the people of find these funds. My mother’s and my practice was to follow the list, and California. For our freshmen coming in finances are already stretched. What then after the list is finished to enter- this year, this coming year, this is a $1 will people do to better themselves if tain unanimous-consent requests. billion fee hike over the course of their education is out of the question?’’ The SPEAKER pro tempore. The education for 4 years that families, stu- Perhaps one of the most heartfelt Chair is just trying to recognize Mem- dents, and schools must absorb. testimonials came from Ronelle Gari- bers seeking unanimous consent to ad- In my congressional district, nearly baldi, a member of a two-income fam- dress the House by alternating recogni- 16,000 students would lost their Staf- ily whose son, Michael, also attends April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4079 the University of San Francisco. She be a connect-the-dots here? I do not one involving the Speaker, was now said: know. Everybody is saying ‘‘Couldn’t somehow felt into this legislation. Our children’s education has been a family possibly be.’’ We started out the 100 days with a project. We all contribute as much as pos- But I must say, as a Member of the book contract with Rupert Murdoch. sible. House, I really feel we were all hood- Now we are ending it with all of the Our second son, who was also accepted here winked, because this did not come up speculation about what that meant, at the University, is instead attending a in the House at all. It came up in the and now, of course, the speculation is community college until his brother finishes Senate, and apparently the Senate here to help defer costs. We feel there are no no longer speculation. Now we have the extras in our life we can eliminate. However, yielded, or the House yielded to the concrete treatment of Mr. Murdoch dif- because we believe so strongly in higher edu- Senate in conference on this. None of ferently than anyone else in the United cation, the sacrifices go almost unnoticed. us were told about this, and this was States at the behest of the leader- Mr. Speaker, I urge our colleagues to slipped in. ship—— reject any of the ill-conceived propos- I was fascinated to read in the press Mrs. SCHROEDER. Absolutely. als made by the Republican majority reports this weekend that people were Mr. MILLER of California. In the to eliminate this opportunity for high- blaming Senator CAROL MOSELEY- House and the Senate. er education for our young people and BRAUN for this, and I love her quote in I want to thank the gentlewoman for thus weaken our country. the press. She said, ‘‘If I had one bit, raising this issue. one iota of the leverage the Speaker f Mrs. SCHROEDER. I thank the gen- said I do, then I would have kept the tleman from California for bringing it REPORT ON RESOLUTION PROVID- tax incentives for everybody,’’ because up, because I really feel the Members Senator BRAUN has made it very clear ING FOR CONSIDERATION OF were also led astray. Members on the she approves of these kind of tax incen- H.R. 1271, FAMILY PRIVACY PRO- conference committee on our side did tives. TECTION ACT OF 1995 not know this was happening, and I So is it not interesting that the tax Mr. DIAZ-BALART, from the Com- find it also amazing Mr. Murdoch incentives went down for every other mittee on Rules, submitted a privi- stands there and with a straight face person, every other person, group, or leged report (Rept. No. 104–97) on the says, at least through his spokesman, resolution (H. Res. 125) providing for entity except Mr. Murdoch? Now, I sup- pose this could be just how the stars he did not know about this; he did not the consideration of the bill (H.R. 1271) seek it; and he did not particularly to provide protection for family pri- align, but we all know his long, long- standing tradition of having a book want it. vacy, which was referred to the House So I would say he ought to give it Calendar and ordered to be printed. done by Margaret Thatcher when he needed things in the British Par- back. He ought to give it back. f liament, and, of course, he also pub- Mr. MILLER of California. Since Mr. REPORT ON RESOLUTION PROVID- lished Ding Mao Mao’s book in China Murdoch is as successful as he is, when ING FOR CONSIDERATION OF when he was trying to get his broad- you consider all of the things that he H.R. 660, HOUSING FOR OLDER cast license in there that we have been has denied knowledge of that affect his PERSONS ACT OF 1995 reading about even more this week, business interests, over the last 100 and I just think it is really time we days, but yet somehow he has tremen- Mr. DIAZ-BALART, from the Com- blow the whistle on this kind of spe- dous success, and apparently it just mittee on Rules, submitted a privi- cial-interest legislation. falls on him. leged report (Rept. No. 104–98) on the Somebody who has got a crown like Mrs. SCHROEDER. One of the other resolution (H. Res. 126) providing for he has got does not need any more things I find really amazing is that he the consideration of the bill (H.R. 660) crown jewels, not at a time we are kill- could be so successful, that this little to amend the Fair Housing Act to mod- ing school lunches, threatening student $63 million jewel could roll off the ify the exemption from certain familial loans, zeroing out summer jobs, taking table, and he just did not even really status discrimination prohibitions on Big Bird and everything else. Why have to pay much attention to it. It granted to housing for older persons, does he get this huge, wonderful jewel? must be nice. Think of the school which was referred to the House Cal- Mr. MILLER of California. Mr. lunches it would buy and the student endar and ordered to be printed. Speaker, will the gentlewoman yield? loans it would provide. b 1830 Mrs. SCHROEDER. I am happy to This is outrageous. f yield to the gentleman from California. f Mr. MILLER of California. I thank ANOTHER JEWEL FOR MR. the gentlewoman for yielding. SETTING THE RECORD STRAIGHT MURDOCH I want to associate myself with her The SPEAKER pro tempore (Mr. remarks. The SPEAKER pro tempore. Under a KINGSTON). Under a previous order of This is simply an outrageous misuse previous order of the House, the gen- the House, the gentlewoman from Colo- of the public trust to have this item tleman from Texas [Mr. ARCHER] is rec- rado [Mrs. SCHROEDER] is recognized for slipped into a conference committee ognized for 5 minutes. 5 minutes. with no notification of the House Mem- Mr. ARCHER. Mr. Speaker, I just Mrs. SCHROEDER. Mr. Speaker, I bers that this matter was in the con- happened to be walking through, and must say I rise tonight, and I am very ference bill, in fact, the appearance of we should be accurate in what we say saddened by what we now know hap- deliberately keeping it from the House here on the floor of the House. pened last week. We know that we are Members so this could be voice-voted No. 1, the provision that was put into going to be taking up the tax bill this on the floor last week when Members the health care deductibility for self- week, but last week we took up a bill were concerned with the deductibility employed was engineered and pushed that we thought we knew what was in. of the health care insurance for the and implemented by CAROL MOSELEY- We thought it was closing loopholes. self-employed, and then to find out BRAUN from Chicago, a Democrat Sen- We thought that it was going to shut that what we have in here is the most ator, and made its way into the con- off tax breaks to owners who were sell- special of special deals for one person ference report as a result of her com- ing their broadcast stations or what- when the chairman of the Committee pelling arguments that this in effect ever to minorities, the infamous on Ways and Means and others strenu- was a preexisting contractual obliga- Viacom issue. ously objected to this kind of matter tion, a binding contract that was made And today we now learn that tucked being brought forward, turned down before the effective date. away in there was a nice $63 million amendments to try to make some rules So we should fully understand that jewel for none other than Rupert that would apply to everybody across the gentlewoman from Colorado and Murdoch and, of course, Mr. Murdoch the board, now find out the 17 or 18 the gentleman from California are just also happens to be the publisher of the other similar deals were turned down, ill-informed about this particular pro- Speaker’s infamous book. Could there but the one for Rupert Murdoch, the vision. H 4080 CONGRESSIONAL RECORD — HOUSE April 3, 1995 I am not here to defend Rupert House had yielded to the Senate on years. This is a superpower that all Murdoch. I do not know him, and have this issue when this bill came to the Americans should fight to maintain. nothing to do with him. But I will sim- floor. This was portrayed as a bill in The hard job has been done. The ply say this also: that the facts are which we were trying to help people great risks have been taken. It took a that Rupert Murdoch gets no tax bene- get their tax credit back for health lot of guts by President Clinton to fits out of this provision even though it care. That is what we were told about. make unpopular decisions. Troops went was engineered by a Democrat Senator We were told this was done away into Haiti at great risk, anticipating from Illinois and put in the bill by a with across the board. We were not told great risk at first, but the decision was Democrat Senator from Illinois. The there was one special little loophole, made despite that, and we have moved benefit does not go to Rupert Murdoch. oops. the situation with almost no casual- He gets no tax break out of this provi- Now, I do not know if the press re- ties. The great risks have been taken. sion, and the facts should be presented port is correct or not, but it says it was But now a very important part of the to the American people rather than all verified by six Republican staffers. So job remains, and that is to help Haiti of this continued rhetoric with all of that is quite a few. through a period of economic develop- the props of golden crowns and all of Maybe they were all wrong. I do not ment. The nations of the world have the other things that are emotionally know. I am not on the committee. made a commitment in Paris several presented to this House. But as a Member of this House, I re- months ago; nearly $1.9 billion was We should deal with the facts as they sent it when we have a conference re- committed to various activities to im- exist. port come back with a goodie in it and prove the Haitian economy, to jump Mrs. SCHROEDER. Will the gen- we are not told about it. start the economy until the private tleman yield? Mr. MILLER of California. Mr. sector could take over. Mr. ARCHER. I am happy to yield to Speaker, will the gentlewoman yield? It is unfortunate that despite the the gentlewoman from Colorado. Mrs. SCHROEDER. I am happy to fact that this decision was made sev- Mrs. SCHROEDER. Is the gentleman yield to the gentleman from California. eral months ago, almost no dollars saying the stories then in the press are Mr. MILLER of California. Mr. have flowed to Haiti. The bureaucrats incorrect, because they say they are Speaker, the whole point of the provi- of the world, the bureaucrats in the validated? sion of the Ways and Means bill was to various financial world organizations Mr. ARCHER. I have seen a lot of sto- cancel these business deals, to cancel have moved at such a slow pace that ries in the press that are inaccurate. them retroactively, and Rupert they are tending to smother the great- Mrs. SCHROEDER. Is this story in- Murdoch was able to hold on to his ness of this magnificent international correct? deal, and nobody else was, and those deed. Mr. ARCHER. Mr. Speaker, I reclaim are the facts. Those may not be the I would like to quote from Strobe my time. facts the gentleman from Texas likes, The gentlewoman has a press report but those are the facts. Talbott’s report to the Congress some time ago: that she is holding up for the benefit of f this House, and we all know that you For its part, the international community cannot rely on the accuracy of press re- THE FACTS ABOUT HAITI is doing its fair share by providing aid and technical assistance. Prior to the deploy- ports. They pick up on certain items The SPEAKER pro tempore. Under a ment of the multinational force, inter- that are presented to them, and then previous order of the House, the gen- national donors and lenders met in Paris in they are rapidly put into print. It does tleman from New York [Mr. OWENS] is August and determined that Haiti would not mean they are accurate. recognized for 5 minutes. need $650 million in the first year after de- And in this case, the accuracy of the Mr. OWENS. Mr. Speaker, last Fri- mocracy was restored. This group met again situation is as I stated, and I am not day, on March 31, President Clinton in Paris last month to review the progress here to defend Rupert Murdoch. But I and President Jean-Bertrand Aristide that has been made since President think the gentlewoman, the Senator and the Secretary General of the Unit- Aristide’s return, and the general assessment from Illinois, who put this into the ed Nations presided over ceremonies in of this progress was so positive that the do- nors actually pledged $1.2 billion, nearly dou- conference report certainly should be Haiti for the transition from the multi- ble what had originally been proposed. It is asked. I do not think she was trying to national force led by the United States anticipated that $900 million of that $1.2 bil- do any sort of a favor for Rupert to the U.N. force. It was an impressive lion will be available over the next 12 to 18 Murdoch, and as she presented it, she ceremony where the nations of the months. was not trying to give a special favor world, many contingents of the nations That was anticipated several months to anybody, but simply to say that the of the world, agreed to submit and ago, but it has not happened. The bu- binding-contract rule to prevent retro- march under the U.N. banner in order reaucrats are not moving the paper. activity should apply with a certainty to continue the progress in Haiti to- The bureaucrats, because of their indif- to this particular transaction. ward democracy. ference or maybe laziness, what ever, If this had not been a binding con- In the United States, this historic the bureaucrats are threatening to tract, there is no question in my mind landmark received only moderate at- smother the progress toward reestab- that it would never have been em- tention, but throughout the world and lishment of democracy in Haiti. braced in the Senate offer and would the international community, where Troops have been there. Hard politi- never have gotten into the conference most of the people of this planet live in cal decisions have been made. All has report. But it is also very, very impor- underdeveloped nations, there was been put in place, but very little is tant to know that this has absolutely great rejoicing. I think that this was a happening. nothing to do with the tax bill and special occasion where a new and spe- I think Mr. Strobe Talbott again spending reduction bill that will be cial high standard was set for the new summed up the situation very well: coming on the floor of this House this world order. A model for protecting de- week. mocracy has been set in place as we go Mr. Chairman, the best defense of our Haiti policy is a simple one: We intervened in So I just wanted to be here to set the into the new world order. Haiti because it was in our national interest. record straight on this issue. The U.S. Government also has given We intervened after every other alternative f new meaning to the concept of super- had been exhausted, and we intervened be- power. The U.S. superpower was used in cause it was the right thing to do. Mr. Chair- FURTHER SETTING THE RECORD this case to nurture democracy. The man, the American intervention in Haiti has STRAIGHT U.S. superpower was used to give the been successful thus far. Now we must see (Mrs. SCHROEDER asked and was poorest nation in this hemisphere an the job through, and that means until the given permission to address the House opportunity to be born again. The U.S. completion of the United Nations mission 12 months from now. As I have already stressed, for 1 minute.) superpower has demonstrated un- we cannot solve Haiti’s basic problems. The Mrs. SCHROEDER. Mr. Speaker, I matched generosity and compassion. Haitian people must solve it themselves. But just wanted to say that my point was, This is a superpower that has earned they will do it with the help of the inter- No. 1, Members did not know that the the right to prosper for a thousand national community. April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4081 It would be unwise, most unfortu- aroused in the debate, to give this false that we are talking about reducing nate, if the international community’s impression that we are cutting all taxes. bureaucrats, executives, failed to do these spending programs. You know, a year and a half ago this their job at this point. I am humored by calls out there body increased taxes over the 5 years of Let us move the paper. Let us do the where the question is asked, ‘‘Do you the budget by $25 billion. Economists job. Let us complete the job of restor- believe Republicans are cutting too have come to our budget committee ing Haiti’s democracy. Let us do what much?’’ Some people are saying ‘‘yes’’ and said tax increases are a depressant is necessary to rebuild the economy of because of the debate we are hearing on on economic growth and job growth. Haiti. the floor. The fact of the matter is we So some of us thought that it would f have not cut anything yet. We have not be good in the Contract With America gone far enough. to take away some of those giant tax b 1845 You take educational funding, for in- increases from a year and a half ago. BALANCING OUR BUDGETS IN A stance. We hear talks about how we are So the question was: How do we reduce POSITIVE MANNER cold and cruel and going to be cutting some of those taxes in a way that is The SPEAKER pro tempore (Mr. education. Well, let me tell you some- going to encourage economic growth, job growth in this country? KINGSTON). Under a previous order of thing, you can be for children and you the House, the gentleman from Florida can be for education without being for Well, I was looking at one bill that [Mr. SCARBOROUGH] is recognized for 5 a huge Federal educational bureauc- was concerned about what the United minutes. racy that has wasted money over the States was doing to encourage savings Mr. SCARBOROUGH. Mr. Speaker, past 20 years and provided little, few and investment as opposed to other this week as we start talking about the results. countries of the world. Mr. Speaker, very important tax debate and the Take the Department of Education that is what this chart shows. I am not budget debate, I am looking forward to bureaucracy in Washington, for in- sure that everybody can see the chart, hearing positive discussions on where stance. It was established in 1979. Most but let me just briefly go through the we move this country over the next 5, everybody understands that it was a chart that shows that, compared to the 10, 15 years, to see if we will finally payoff from Jimmy Carter to the other G–7 countries, the industrialized come to grips with the economic uncer- teachers union, the NEA, to have their nations of this world, the United tainties and try to balance our budgets own Federal bureaucracy up here. But States ranks dead last in savings, we and at the same time try to move for- the fact of the matter is, if you look at rank last in our investment in new ma- ward in a positive manner to make the money that has been poured into chinery and equipment per worker, sure we put money back into the pock- that bureaucracy over the past 20 years and, not surprisingly, we rank last in ets of middle-class, working Americans and look at the results, you will see the increase of productivity. who for too long had seen their money that our children are not getting the So if we go to all of the economic sucked up in Washington and they see best bang for the buck. The fact of the thought that is prevailing now of what absolutely no return for their money. matter is in the years since the Depart- should be done to increase jobs, the Unfortunately, instead of this after- ment of Education bureaucracy was es- suggestion is that we encourage sav- noon of hearing discussions along those tablished, test scores have gone down, ings and we encourage investment in lines, we have heard that the Repub- violence in school has gone up, drop- that new machinery and equipment, licans have killed school lunch pro- out rates have gone up and every other that when it is put into the hands of grams, we have heard that the Repub- measure by which we measure our edu- those workers, it makes those workers licans have killed Big Bird, we have cational institutions have shot down. more efficient, more productive, and heard that the Republicans are slash- Let us reframe the debate and say it ultimately increases our competitive ing education funding. this way: Because I care for children, position with the world. Well, let me tell you something: All because I care for education, I am That is why I introduced the bill, three of those facts are simply mis- going to be against blowing more Neutral Cost Recovery, 2 years ago, to representations, and they are wrong. money on a Federal educational bu- deal with the unfairness of the way our First of all, you are not cutting reaucracy, and I am going to allow par- tax code treats those businesses that spending on a bureaucratic program if ents and teachers and students and buy that machinery and equipment. you spend more money next year than people in the individual communities The legislation coming out in the tax you spent the previous year. Take, for to have more of the say-so over how we bill that we are going to be considering instance, funding for school lunch pro- teach our children than a bureaucrat in for the next 3 days does essentially grams. Over the next 4 years, under the Washington. three things: It increases expensing. In current proposals that passed through While we are at it, we can reframe other words, that amount of invest- this House, we will be spending more the debate on all these other Federal ment in capital machinery and equip- money on school lunch programs than agencies that have exploded over the ment and facilities that is allowed to we spent in the previous year. Maybe past 30 years since the Great Society. be deducted as an expense, as a busi- in Washington there is some sort of We have spent $5 trillion on Lyndon ness expense in the year of purchase, new math that I do not understand. I Johnson’s so-called war on poverty that is increased to $35,000. am a freshman here. Maybe I am a lit- that ended up being a war on the fam- No. 2, that the remaining amount of tle shrill, I do not know. The fact of ily, ended up being a war on hard work, that capital investment that is put on the matter is if you spend more money and a war on personal discipline, and so the depreciation schedule will be in- next year than you spent last year, in forth. dexed for inflation and the time value middle-class America, where I come We have to reframe the debate and of money. In other words, right now from, or in small businesses across the speak straight to the American people. our Tax Code requires that you spread country where I worked, that is called We owe them that at the least. out toward the useful life of that prop- a spending increase. Let us reframe the erty, 3, 5, 10, 15 years, that you spread debate and let us get serious about it. f out that deduction in what is called When you come to the floor and talk the depreciation schedule. about killing Big Bird, when the fact of REDUCING TAXES: THIS IS THE Neutral Cost Recovery indexes what the matter is the Republican majority WEEK THAT WAS you are otherwise allowed to depre- voted against killing Big Bird, so to The SPEAKER pro tempore. Under a ciate for inflation. speak, when the Crane amendment was previous order of the House, the gen- The third element is something that on the floor, then you are not killing tleman from Michigan [Mr. SMITH] is has been very unfair to the businesses Big Bird. recognized for 5 minutes. in this country; that is the alternative The fact of the matter is it is more Mr. SMITH of Michigan. Mr. Speak- minimum tax. Washington-speak, more emotional er, after we finished this week, a lot of So what we do to a business, when dribble that is supposed to inflame peo- people are going to be saying, ‘‘This is they figure up their tax and they have ple and get everybody excited and the week that was.’’ This is the week not made money that year, we again H 4082 CONGRESSIONAL RECORD — HOUSE April 3, 1995 say, ‘‘Well, we are going to penalize type account that will allow families a job when you are going to work. So you anyway by making you recompute to contribute up to $4,000 per year in we are trying to restore hope in Amer- your depreciation schedule so it results these IRA accounts. These contribu- ica by creating new jobs through cap- in a lesser deduction.’’ tions are going to earn interest, and ital gains reduction. So, AMP is also modified in this bill. after they have been there for a 5-year Mr. Speaker, I spoke with the major- It seems if we are concerned with in- period, we are going to allow those in- ity leader, the gentleman from Texas creasing jobs in this country and if we dividuals to withdraw that money [Mr. ARMEY]. He talked about the bene- are concerned with raising taxes on the without penalty for first-time home fits of capital gains tax, and that 90 American people, that it is appropriate purchasers, for post-secondary edu- percent of the benefits go to the work- we have the discussion this week. The cation expense withdrawals, education ers and only about 3.1 percent actually $189 billion over the 5 years of the expenses, medical expenses. This is goes to people. budget that we are reducing taxes is going to help those who have put away So I encourage my fellow Members of small in comparison to the $250 billion money to use it for a rainy day-type the House to pass H.R. 1215 and give that were increased, raised on the situation. Plus, it allows them to save America hope for the future. working men and women and retirees for their retirement. and businesses 3 years ago by this If you look at the free democracies f Chamber. across the world, you will find by com- So, Mr. Speaker, I hope everyone will parison Americans save less than they FEDERAL STUDENT AID PRO- tune into the discussion and decide should, percentagewise. In Japan, for GRAMS TARGETED TO PAY FOR whether or not it is going to help this example, their savings are around 20 THE CONTRACT WITH AMERICA country, whether it is going to allow percent for average income. Here it is The SPEAKER pro tempore. (Mr. hardworking Americans to keep some about 5 percent. This is a method of KINGSTON). Under a previous order of of their own money in their own pock- getting people around America to save the House, the gentleman from Califor- ets rather than give it to the Federal money, put money away, and also put nia [Mr. MILLER] is recognized for 5 Government to spend, as we discuss, money into the capital stream to help minutes. and ultimately pass this tax reduction create jobs. Mr. MILLER of California. Mr. bill this week. Next thing we are going to do in H.R. Speaker, Members of the House, this 1215 is to help farmers and ranchers f past Friday the gentlewoman from San and those in the timber industry by al- Francisco, CA [Ms. PELOSI] and the H.R. 1215 RETURNS TAX MONEYS lowing a 50 percent reduction in capital gentlewoman from the Palo Alto Val- TO AMERICAN FAMILIES gains taxes, capital gains indexing, es- ley south of San Francisco, CA [Ms. tate and gift taxes. The SPEAKER pro tempore. Under a ESHOO] and myself held a hearing to I want to tell you about one farmer I previous order of the House, the gen- listen to both school administrators, was very close to, my grandfather, J.W. tleman from Kansas [Mr. TIAHRT] is and parents and young people who are Steele, who had a farm in South Da- recognized for 5 minutes. attending our university system, pri- kota, and spent most of his time work- Mr. TIAHRT. Mr. Speaker, this week vate university system, our public uni- ing very hard. we are going to see a clash of ideas versity system, the California State He used to tell me as a young boy once again as we have seen throughout University system, and our community that farmers were an interesting lot the 100 days. This time it is going to be colleges, and who were doing so be- because they spent their whole life cause of the availability of student the big-government party that likes to poor but they died rich. Sure enough, take tax dollars and spend it at their when he passed on to the next life, he loans and the interest subsidy that we whim versus the party of the people died as a millionaire. His farm went provide on those student loans while who give tax breaks to American fami- through the estate tax, and my parents young people are attending school and lies and others, like senior citizens. had to purchase that farm at the cost for a 6-month period after they grad- During the 1992 Presidential cam- of approximately the price of a new uate from school or cease to attend paign, our current President cam- farm because of the way land prices school before they start paying back paigned on the middle-income tax cut. had gone up and down in thattime those school loans. What we heard was Instead, what has occurred, last August frame. This is going to help people who a rather remarkable set of stories from we had the world’s largest tax increase, are trying to keep the farms in their young people and their parents, some which took money out of the pockets families, so that they can continue the young people on their own and some of American families. tradition. It is going to help people. It accompanied by their parents, telling H.R. 1215 is a bill that will return tax is going to help ranchers to pass on us what their families are doing, are money to the families so they can what they have invested their entire prepared to do and have done in the spend it, because the party of the peo- lifetimes on. past to try and secure the opportunity ple believes that American families un- of higher education, of a college edu- derstand better how to spend their dol- b 1900 cation and degree, for their young peo- lars than the Government. Mr. Speaker, it will allow a situation ple. They have made personal sacrifices Each time we lose $1 to taxes, it is a where you are not just a millionaire for in trying to obtain savings so that they loss of freedom. Many people across one day, but that you can go on, pass can provide for their children. Many of America, through higher taxes, have this on to your heirs. Also capital them have refinanced their houses, lost freedom, have lost the ability to gains is very important when it comes gone into the workplace, worked extra spend money as they see fit. to creating jobs. hours, and yet still they do not have H.R. 1215 will also help America’s An uncle of mine who lives in Meck- sufficient money to attend the State senior citizens. Last August, the party lenburg, NC, one time told me, ‘‘How university system or the UC system, or of big government cut social security many who are poor hired you for a our private universities, and, as a re- by $25 billion in the form of a tax in- job,’’ and I had to tell him, ‘‘No, no one sult of that, they have used the student crease. What this bill is going to do is has,’’ because it is those who have cap- loans that are made a part of the fabric restore that cut to Social Security. We ital that hire people for jobs. of American society because of the are going to allow senior citizens to re- So the capital gains tax reduction Federal student loan program. Many of tain more of their income, allow them here is going to increase jobs here in those students have also used the cam- to meet their long-term health care America, and increasing jobs is what pus-based programs, work study pro- needs, we are going to allow tax incen- increases hope for America. grams, to provide additional moneys, tives to encourage individuals to pur- We found out for giving people free and what we heard was the kind of sac- chase long-term health care insurance. money that their self-esteem is re- rifices that hard-working American We are also going to move, in H.R. duced. You cannot have self-esteem families of modest means in most in- 1215, to help Americans save. We are without accomplishment, and you can- stances are prepared to make so that going to do this through the American not have accomplishment without their children will have, in some cases, Dream Savings Account. It is an IRA- work, and it is always helpful to have a better education than their parents, April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4083 but certainly so they will have an op- of penalty that is paid by America’s Well, we ought to remember that it is portunity to have that education so young people and families. not our money. We are proposing al- that they can participate to the fullest f lowing families to keep a little bit possible extent in American society, more of the money that they them- and certainly in the American eco- WE NEED TO CUT TAXES FOR THE selves earn. We should not act like it is nomic system, and yet what we see in AMERICAN FAMILY a gift or a handout; it is not. It is sim- the illustrative list of cuts being pro- The SPEAKER pro tempore. Under a ple fairness. posed by the Republicans is what could previous order of the House, the gen- So, too, is the rollback we propose of cost California some $266 million in tleman from Ohio [Mr. CHABOT] is rec- the 1993 recordbreaking tax increase on student aid that otherwise would be ognized for 5 minutes. senior citizens. Seniors were unfairly flowing to those students. Mr. CHABOT. Mr. Speaker, the mi- singled out for punitive treatment. We Mr. Speaker, what we heard from the nority leader, a Democrat, made an in- are going to undo that, and we are people testifying was in some instances teresting statement the other day. Re- going to provide relief from the unwise this would mean that they could no ferring to the tax cut bill that we will earnings limit that insidiously taxes longer continue school. Others would consider this week he said, ‘‘This seniors who choose to continue work- have to reduce the number of classes issue,’’ meaning taxes, ‘‘may be the ing. they take and try to increase the num- best expression of the differences be- We are also going to reduce the mar- ber of hours that they are already tween the parties,’’ and you know he is riage tax penalty. We have just been working today, which means they probably right. Republicans understand through a long debate over outdated would have to be in school for a longer that the American people are over- welfare policies that tear families period of time and then borrow more taxed. We Republicans understand that apart, and we voted for reform there. money because they were in school for the tax burden that the Government Let us reform the tax system’s ridicu- an extra semester or an extra quarter imposes on families and on senior citi- lous marriage penalty as well. to achieve their degree. We heard from zens is becoming simply intolerable. Now opponents of tax reform who do such individuals as May Wu who was at We understand, and we are taking a not think that the American people are Stanford Law School. She said, first step to reduce that burden, to re- overtaxed argue that you cannot have After I graduate, my monthly payments duce taxes. That is a big difference take both tax relief and a balanced for school loans alone will be approximately from the last Congress when the Demo- budget. Quite frankly, some of them do $1,000 . . . it would have been substantially crats were in charge, when President not seem to want either goal, judging higher, and therefore beyond my reach, if Clinton was able to ram through the from their votes, but I believe that we not for the availability of federally-sub- biggest tax increase in American his- have got to send a message that Gov- sidized low-interest loans. tory. ernment just cannot continue to in- Michael Rodriguez told us, as he Well, there is a new majority here crease spending at the rate that it has. filled out his application, he never now, and I say, ‘‘You’re right, Mr. Mi- Government spending is out of control. knew that student loans existed. He nority Leader.’’ This new majority That does not mean that taxes are too was a 9-year veteran of the Marine leader does seek to cut taxes. We are low. Quite the reverse. We just spend Corps, and somebody told him while he tired of seeing our Government throw- too much up here in Washington. was in Kuwait, while he was fighting in ing money around and expecting work- We also need to reduce capital gains Desert Storm, that he filled out his ap- ing families to pick up the tab. taxes so that we can create more jobs. plication in the foxhole, and he says, The most devastating change in the There are still a lot of people in this I give thanks every day that programs like Federal tax system over my lifetime country who need jobs. If we cut cap- financial aid exist for students like has been that Government has shifted ital gains taxes, that will mean more myself . . . Financial aid has become more the tax burden so heavily onto the jobs for Americans. The old class-war- important now than ever before as we face backs of working families. The tax fare arguments for keeping capital proposed [State] cuts in education. gains rates high will not wash any- For me, financial aid has allowed me to code now discriminates against fami- achieve my goals, for which I am thankful. lies. It penalizes marriage, and it bur- more. Productive investment, whether Now, with one semester left before I grad- dens parents trying to care for their in a home or in job-creating business is uate, I work with high school students so own children. something that everyone should want that they might be able to have chances that In fact, during my lifetime, and I’m to encourage, and nearly 60 percent of were afforded to me through the help of fi- 41 years old—actually 42 now—the Fed- capital gains tax filers have adjusted nancial aid. eral income tax burden on a family of gross incomes under $50,000, so it is not He is now telling other young people four has increased by over 300 percent just tax breaks for the wealthy. how they might secure a college edu- as a share of family income. That is So, please, let us not try to divide cation. outrageous. It threatens the very foun- Americans up and pit one group The parent of Michael Garibaldi, dation of the American dream. It de- against another anymore. We are all in Ronelle Garibaldi, talked about what nies opportunity to people trying to this together, and, as a people, we are this meant to her family, how she and work their way up. overtaxed. We need to cut taxes, we her husband sat around the table and The Government has been imposing a need to cut taxes on the American fam- tried to work out the finances so that hidden tax increase on families every ily, and we are going to do that this their son could continue in school. She year by holding down the exemption week. said, that parents can take for dependent f We hold our breath until the envelope children. Right now a lot of you at comes with Michael’s award package and home are probably working on your in- AMERICANS WANT TAX CUTS don’t start breathing again until we’ve sat come taxes or thinking about it, and The SPEAKER pro tempore. Under a down with paper and pencil to once again de- you probably know, in looking at the previous order of the House, the gen- termine if he can return in the fall. I am often told I have a passion for finan- taxes all this year, that you can claim tleman from Pennsylvania [Mr. FOX] is cial aid. While that is true, it goes much $2,450, almost $2,500 per person in your recognized for 5 minutes. deeper than that. Actually, I am a mother family as an income tax exemption. Mr. FOX of Pennsylvania. I want to with a passion for opportunity for a higher Well, if that rate had gone up to match continue the remarks that were made education for my children, as well as all chil- inflation, that exemption would now be by my colleague, the gentleman from dren. $8,000, $8,000, and we can only claim Ohio [Mr. CHABOT]. I think he well elu- That is what is at risk with the pro- $2,450. cidates the reasons we need to have the posals by the Republicans to slash stu- Mr. Speaker, that is just not fair, tax credits and the tax cuts adopted dent loans so they can give tax breaks but, despite that fact, there are some here in the House this week. You know, to people earning over $100,000 who do in this body who would begrudge par- looking at what the American people not necessarily need it and certainly ents even a $500 per child tax credit, want, Mr. Speaker, they want three give no indication that they want it and that is sad, and they call us mean things. They want to see tax cuts, when they understand this is the kind spirited. spending cuts, and deficits reduction, H 4084 CONGRESSIONAL RECORD — HOUSE April 3, 1995 and under the Contract With America FAIRNESS OF THE AMERICAN TAX fit when it was available had incomes we can achieve all three. We have al- RELIEF ACT OF 1995 under $50,000. The argument that it will ready earmarked $180 billion for deficit The SPEAKER pro tempore (Mr. cut into revenues is just not accurate if reduction, we already earmarked $190 KINGSTON). Under a previous order of you base that on past history. billion for spending cuts, and this is ac- the House, the gentleman from Illinois In fact, some years ago, CBO pro- cording to the Congressional Budget [Mr. EWING] is recognized for 5 min- jected what would be the income level Office, and the third is now we are utes. from the capital gains tax while we had dealing with the tax cuts. Let me just Mr. EWING. Mr. Speaker, I come a lower rate. Of course, we changed review, if I can, a few of those tax cuts here tonight to visit about what my that and we are well below the projec- we are speaking about in legislation colleagues have been talking about, tions of the CBO for revenues gen- this week which we think is going to be the very important business that we erated by the capital gains tax. In fact, a positive step for all American fami- had before us this week, the American if you look at the chart over a long pe- lies. Tax Relief Act of 1995. riod of time, you will see that capital First, the family tax credit. Five This is part of the Contract With gains revenues from assets sold, put back into the economy, have gone up hundred dollars tax credit for each America. It is a very important part in when the rate is low and gone down child in a family; this will help fami- the last leg of our journey through the when it is raised. lies with their basic expenses. We also 100 days. The Contract With America We need to address the capital gains have the American dream savings ac- was an effort to make improvements in our country and the way we operate its tax along with the rest of it. We need counts. By this we will have estab- to get away from the partisan rhetoric lished a new savings vehicle where we Government which will help protect the American dream. These elements about capital gains tax being for the will have on a joint return $2,000 for of the contract should not have been rich. each spouse and a tax deduction deal- partisan between the Republicans and I take exception to that. I would in- ing with the IRA’s, $2,000 for each the Democrats and I am thankful to sist that every Member go back to his spouse. say in many cases they have not been district and check with his people, and and we have received a number of sup- I think he will get the right answer. b 1915 porters from the other side of the aisle. Encourage support for the American This will increase savings and en- But unfortunately now that we come Tax Relief Act of 1995. courage each family to have the nest to the end of the contract period, I be- f egg they need in retirement. We are lieve the success of the contract has going to take care of our help for Sen- caused the other side of the aisle to TAX RELIEF BILL ior citizens by repealing the tax in- say, ‘‘Can we block this final part of The SPEAKER pro tempore. Under a crease on Social Security benefits. The the contract, the American Tax Relief previous order of the House, the gen- 1993 increase in the amount of Social Act of 1995?’’ It should not be partisan tleman from Maryland [Mr. BARTLETT] Security benefits which was subject to either and we should put aside the is recognized for 5 minutes. income taxation will be repealed. Also rhetoric about tax relief for the rich. Mr. BARTLETT of Maryland. Mr. we will raise the Social Security earn- That is class warfare. What we want is Speaker, this week we vote on the ing limit from $11,280 to $30,000 phased a fair tax schedule for every American, most important part of our Contract in over 5 years. That will help many of not rich, not poor, for every American. With America. our senior citizens who are independent I believe that the American Tax Relief In the last Congress, the largest tax and maintain a degree of income with- Act of 1995 is that fairness. bill in the history of this country was out impinging on their Social Security We promised to bring it to a vote. passed; and, in typical form, it was with their own fixed incomes. Every Member will have an oppor- mislabeled and called a deficit reduc- Mr. Speaker, under this legislation tunity then to vote his conscience, so I tion package. Six times, at least six we will have tax incentives for private would encourage bipartisan support for times in our history, we have tried to long-term care insurance, allow tax- the rule to bring this bill to the floor. reduce the deficit by increasing taxes. free withdrawals from IRA’s for long- Now, why do I say it is fair? Because It did not work any of those six times, term care insurance. We will also pro- it covers all spectrums of the American and it may not work now. Only a few of vide capital gains relief for individuals scene. Certainly it is the middle-class those tax increases have kicked in, and by cutting in half the rate to 19 per- tax relief that the Clinton administra- we are already beginning to see the del- cent. This will encourage savings, busi- tion never brought to the Hill but eterious effects of these high taxes. promised in the campaign. ness expansion, job creation. For busi- We will be voting this week on our Why do I say that? The child credit tax relief bill. This tax relief bill will nesses, a 25 percent alternative tax for certainly is very important to the mid- do two things: It will provide some re- capital gains. dle class. The marriage penalty is very lief from Clinton’s tax increases. It will We will also have in this legislation, important to both spouses when they permit our hard-working people to Mr. Speaker, a taxpayer public debt are working and trying to get ahead keep more of their own money. And it check-off and trust fund. This bill will and improve their own American will reduce the deficit. allow individual taxpayers to pay up to dream. Improving the IRA’s for spouses When you leave money in the private 10 percent of their tax liability to a and for working individuals. The adop- sector, it creates more and better jobs public debt reduction trust fund. A tax tion credit. The credit for families who than when it is taken into the public credit for adoption expenses up to take care of their own elderly members sector. And in spite of a tax decrease $5,000. Tax credit for adoption expenses without expecting the State to pay for rate the increased tax base inevitably up to $5,000. Tax credits for the home their care in nursing homes, and of will yield greater tax revenues. So this care of the elderly. All of these items course, repeal of the very unfair Social is truly an important part of our defi- will help all of our individuals. In addi- Security tax on middle-class senior cit reduction plan. tion, we even have special expensing citizens. Tonight, I would like to spend just a for small businesses. The bill will in- Mr. Speaker, we hear so much about moment looking at what we are going crease the amount of property a small capital gains. Ladies and gentlemen, to do for senior citizens. business can expense. This will encour- capital gains is not a tax break for the In the Clinton largest-tax-increase- age, again, more jobs in our society. rich, though they may use it. It is a tax in-history bill, our senior citizens have Mr. Speaker, we can have all three: option for all Americans. We have been limited to earning just $11,200, Spending cuts, deficit reductions, and ample proof that capital gains is used after which time their Social Security tax cuts which will help our families, by the ‘‘little people’’ in America, cer- benefits are cut. If a senior citizen has help our businesses expand and produce tainly as much or more than it is by a job earning $5 an hour, for that $5, he higher, and will also help every single people with more means. In fact, the gets to keep only $2.20. sector of our society do better and returns show that nearly 60 percent of This is a higher tax rate than is lev- achieve the American dream. those who used the capital gains bene- ied on our multibillionaires. Ross April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4085 Perot pays less taxes, a smaller percent license or a TV or radio station to a nois, what did she say? What did she of taxes, than do our senior citizens minority-owned company. If you did say? If I had my way, we would never who choose to work beyond this very that, you did not have to pay the cap- repeal the exemption for minority- low $11,200 cap. ital gains tax. We had a big hoopla owned stations, and that junior Sen- Our bill will raise that tax over a few about that because of the Viacom deal. ator is a minority, because she thinks years from $11,200 to $30,000. This whole So in this bill we went back. We were it is wrong. She opposed it. bill is fair and responsible, and our sen- going to correct all that. We were not Mr. HOKE. Reclaiming my time, that ior citizens know. going to give special tax breaks to mi- does not answer the question. The f norities anymore in capital gains. And question is who put it into the con- that was found in H.R. 381, and we re- ference report? Clearly it was the jun- THE $64 BILLION QUESTION pealed that special tax break. ior Senator from Illinois. And your at- The SPEAKER pro tempore. Under a Many of the people, I am sure, listen- tempt to somehow smear this Speaker previous order of the House, the gen- ing in this audience said that was a on this, when the Speaker had abso- tleman from Michigan [Mr. STUPAK] is good provision. But is it good that only lutely nothing, nothing whatsoever to one person or one company gets a $63 recognized for 5 minutes. do with this, is such a blatant and ugly million tax break? Why is this special Mr. STUPAK. Mr. Speaker, when I and clearly politically, partisanly mo- tax break repealed for everyone, re- was growing up as a young kid in tivated ploy, I do not understand why pealed for every company except Mr. northern Michigan, we used to have a you make it, when it is so transparent, Murdoch? A $63 million tax break for saying, and I think it was a popular TV when it is pointed out that the Speaker program, that the $64,000 question, the one individual and his company by spe- cifically exempting that company and had nothing to do with it. $64,000 question is, and part of that The Speaker was not involved with game show was if you got it right you that deal under H.R. 381. I well remember Mr. Murdoch. That the conference. As I understand it, this would get $64,000. That was the big is something that was put in the con- question back then, and that was the is not the first time his name has came up in this esteemed body. His company ference report by the junior Senator, a question that everyone wanted to an- Democrat Senator, from Illinois, with swer because it was the epitome of all gave the Speaker a $4.5 million book deal. Now Mr. Murdoch gets a $63 mil- respect to a specific request that was questions. And if you would answer made to her, not even by, as I under- that, you would be so much further lion special tax deal. He pays no cap- stand it, Rupert Murdoch, but by Quin- ahead. ital gains tax for this and his company cy Jones. Have I got the facts wrong? This $64,000 question used to be the under the profit or from sale of his cor- Mr. BONIOR. If the gentleman will ultimate question. But I guess in to- poration, a capital gains tax that was yield, let me shed a little light on this. day’s terminology and now in the 1990’s to help but one person who, if my mem- You are indeed correct that this was it was the mother of all questions. ory serves me correct, that individual put in the conference and was put in at Mr. Speaker, the $64,000 question has is not even a citizen of this country. the behest of the Senator from Illinois now grown with inflation and all to a yet Mr. Murdoch and his country gets a to take care of a deal that was pending. $63 million question, a $63 million ques- huge tax break. Why another $63 mil- But what you are not correct on is that tion, a question that we must have an lion deal? there were 18 deals pending, and this answer to. It is a question that Amer- Mr. President, I hope you veto this ica needs an answer to. It is a question bill. In your veto message I hope you was the only one that was accepted. that this institution as an institution will tell Mr. Murdoch there is no spe- Now, you know as well as I do, my cial deals in this body, in the House. needs an answer to. friend from Ohio, that in order for Tell Mr. GINGRICH there is no special The $63 million question is whether something to come to this floor to be deal for owners of companies that give or not the President will veto H.R. 381, discussed, it has got to get the Speak- special deals on books. Tell them no the bill which amends the IRS Tax er’s approval. The Speaker, I believe, special tax cuts to individuals who are Code to permanently extend the deduc- admitted today in a conference he had not citizens of this country. tion for health insurance costs of self- with reporters that he met with Con- employed individuals. f gressman ARCHER, the chairman of the Committee on Ways and Means, and Well, I agree with that provision. I b 1930 think probably most Members in this they talked about this very issue. And House would agree with that provision. DEBATE ON TAX PLAN they agreed to let it come to the floor. I agree that the intent of the bill, H.R. PROVISIONS Nobody in this institution knew it was 381, was to permanently extend the de- The SPEAKER pro tempore (Mr. in the bill, except maybe a handful of duction for health insurance costs for KINGSTON). Under a previous order of people. It got out of here on a voice self-employed individuals. the House, the gentleman from Ohio vote after we opposed the bill when it But in that bill that was voted on [Mr. HOKE] is recognized for 5 minutes. came to the House floor because of the last Thursday, which most Members on Mr. HOKE. Mr. Speaker, I wonder if billionaire exemption it had in it, and this side of the aisle, Democratic Mem- the distinguished gentleman, since it is nobody knew here. That is not the way bers, voted no, there was a $63 million on my time, would answer one ques- to do business. question. Because in there was a $63 tion. Who was it that insisted at the Mr. HOKE. Reclaiming my time, the million deal for one self-employed indi- conference that this sweetheart deal fact is that the Speaker had nothing to vidual named Rupert Murdoch. for Murdoch be placed in the con- do with this piece of legislation in its Now, I do not know if Mr. Murdoch ference report? Who was the individual minutiae and in the detail you are does or does not need the 25 percent de- that did that? speaking of with respect to a specific duction for his health insurance, as Mr. STUPAK. Mr. HOKE, I am not request that the Democrat Senator was the original intent of H.R. 381. For part of the conference committee. from Illinois, Ms. MOSELEY-BRAUN, I believe that probably one of his com- Mr. HOKE. Do you know the answer? wished to have made in order and in- panies probably picks up his health in- Mr. STUPAK. No, I do not. sisted on at conference. surance. But I will not give him the $63 Mr. HOKE. I know the answer. The Those are the facts. Whether or not million special exemption allowed to answer is the junior Senator from Illi- Mr. ARCHER and Mr. GINGRICH discussed only him and only to his company nois, the Democrat, Ms. MOSELEY- the bill in general and in its terms is under H.R. 381. BRAUN. She is the one that insisted on hardly the issue. The issue is who in- You see, H.R. 381 not only perma- it. She is the one that asked it be put sisted that this be put in at conference. nently extends the deduction for health in the conference report. Obviously it was not Mr. ARCHER. insurance costs for self-employed indi- Mr. STUPAK. If the gentleman will Mr. BONIOR. Who insisted it stay in viduals but it also repeals the provision yield, I know you have read the same this bill? of nonrecognition of gain. It repeals articles I have on the $63 million deal Mr. HOKE. This is my time. It was the capital gains tax if you sell your from Mr. Murdoch. When that question not Mr. ARCHER, it was not Mr. GING- FCC license, Federal communication was put to the junior Senator from Illi- RICH, it was Ms. MOSELEY-BRAUN. It H 4086 CONGRESSIONAL RECORD — HOUSE April 3, 1995 was not something that our side want- well off people, say Congressman, what ment. This is an unusual situation be- ed anything to do with. It was special we need to do is put this money into cause initially it was couched as a sug- legislation for the junior Senator from deficit reduction. gestion that there needed to be some Illinois. So it seems to me the Republicans sort of change in the system, that the Mr. Speaker, what I was going to ask are wrong on two accounts. They are retirement system was somehow was for people to put on their green eye wrong for taking money out of the flawed. But in fact a study by the Con- shade so that I could go through some mouths of children to fund a tax cut gressional Research Service indicated of the details of exactly how we are for the wealthy, and for not responding that there was no unfunded liability. going to reduce the tax burden for sen- to the legitimate needs of the country, So if it is not to solve unfunded liabil- ior citizens. Unfortunately, I will not which is deficit reduction. ity, it can only be to round up money have time to do that. What I wanted to focus on today is to provide tax benefits for the wealthy. What I will say is we are going to on yet another indictment of the Repub- Mr. Speaker, I hope we will reject Wednesday restore the $25 billion in lican tax proposal in that it creates an this ill-conceived recommendation. cuts that were made in Social Secu- additional tax on working people, a rity, cuts to senior citizens by this specific category of working people, f Congress. Not a single Republican Federal employees, I rise today to ex- voted in favor of those cuts in August press my grave concern for several FAMILY TAX RELIEF IMPORTANT of 1993, and we are going to restore measures contained in H.R. 1327. I am FOR AMERICA those cuts so that senior citizens are concerned specifically about title IV of The SPEAKER pro tempore. Under a not deprived of their Social Security this measure. previous order of the House, the gen- benefits that were deprived to them by While my colleagues on the other tleman from Arkansas [Mr. HUTCHIN- the Democrat Members of the House side of the aisle will tell you they are SON] is recognized for 5 minutes. and of the Senate. reducing the taxes for the American Mr. HUTCHINSON. Mr. Speaker, I f family, in actuality they are increasing welcome the opportunity to appear be- taxes for some of our hardest working fore the committee today to discuss A TAX CUT OR A TAX INCREASE citizens, Federal workers. Under the the importance of family tax relief. Let The SPEAKER pro tempore. Under a proposal coming forth this week, 2 mil- me say at the outset, Mr. Speaker, how previous order of the House, the gen- lion people working for the Federal must I appreciate your personal com- tleman from Maryland [Mr. WYNN] is Government will be taxed an additional mitment to the American family and recognized for 5 minutes. 2.5 percent of their income. This so- your leadership in promoting legisla- Mr. WYNN. Mr. Speaker, I rise this called contribution comes in the form tion which strengthens and empowers evening to join the fray in the debate of an additional contribution by these American families. about the tax increase that we are Federal employees toward their retire- The intact family is our country’s about to vote on this week. I am very ment. What this amounts to on average most effective government—the most concerned about the issue of tax fair- is a $750 per year tax on the average effective department of housing, the ness. I think what we have seen over Federal employee who makes $30,000 a most effective department of edu- the past couple of weeks is a consistent year. cation, the most effective department pattern wherein the Republican major- Now, what I cannot understand is of human services, and the most effec- ity has consistently stolen from the how they are going to receive on the tive department of labor. poor to give to the rich. This is not an one hand a $500 per child tax break, but The family is the fundamental unit issue of whether there ought to be tax yet on the other hand lose in the form of society, the guardian of our social break for middle class, working poor of an additional contribution, addi- fabric and primary conveyor of values. people in America, because that is not tional taxes toward their retirement, Yet it has been under attack by an un- what there tax break does. It goes to $750 a year. They are going to be $250 in sympathetic government. We could not people who make as much as $200,000 a the hole. have devised more antifamily public year, and I think that is wrong. There may be some question in Re- policy—to the end of undermining the This was dramatically illustrated publican minds as to whether this is a traditional American family—than if when we analyzed the proposal to cut tax. Well, the Congressional Budget Of- we had sat down and consciously de- the school lunch program, and the Re- fice scored this as a revenue, which signed such a plan. publicans suggested we will cut the means it is in fact a tax. Apparently We have taxed them until both par- school lunch program, we will the CBO knows it is a tax, yet the ents have to work in the job market, underfund it in comparison to antici- chairmen of the Committee on the regardless if one wishes to stay at pate needs, we will not adjust for infla- Budget and the Committee on Rules home and rear the children. The aver- tion, so we can cut money out of this would not recognize this as being the age family of four now spends 38 per- program to help fund the tax cut. case. cent of its income on taxes—more than It is evident in the attempts to cut The proposal to increase the em- it spends on food, clothing, housing and the college scholarship program. Once ployee contribution is so ludicrous that recreation combined. again, taking from the middle class, even several Members of the Repub- We have allowed the value of the de- the working class, in order to fund tax lican Party have stated should their pendent exemption to erode over time increases that benefit people who make party continue to pursue this proposed until it is worth only a fraction of up to $200,000 a year. It is my view that tax credit, they would vote against the what it was 40 years ago. In effect we if there is going to be a tax break, it measure. have said that children and families ought to be given to people who are Let me repeat, and urge my col- are of less value than they were in the making under $100,000 a year, not the leagues to listen carefully. This bill last generation. wealthy people, not the attorneys and coming before the House tomorrow We have allowed a marriage penalty the Congress people and people like taxes Federal employees making $30,000 to exist in our tax law that sends the that who do not need it. a year to provide a tax credit for those undeniable signal to our citizens that Or, and there seems to be a lot of sen- making up to $200,000 a year. Each marriage isn’t really all that impor- timent that this is what ought to be Member of this House has Federal tant. done, we ought to take that money and workers in their district. I hope you We have codified inequitable IRA tax put it into deficit reduction. Even will stand up and tell them you are im- provisions that say a spouse in the when I talk to some of the wealthy posing a tax on them so you can give marketplace is more valuable to soci- people who would get this tax break, someone making $200,000 a tax break. ety than one in the home. and I say do you, making $150,000 a As the saying goes, the devil is in the We have created a costly and bureau- year, want this $500 per child tax details, and this is certainly the case. cratic adoption system that leaves break, or do you want to see this The Federal contribution would be in- thousands of adoptable children in less money go for deficit reduction? Over- creased from 7.0 percent to 9.5 percent stable and secure environments than whelmingly, the professionals, more of salary in order to meet this require- they could be enjoying. April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4087 And we have defended a welfare sys- I think it is clear that someone in the during this past week, we have seen tem that offers cash subsidies to un- middle and low income is going to ben- two glaring examples of how my married teen-age mothers. efit a lot more than someone eating in friends on this side of the aisle, with Why are we than surprised when fam- the corporate dining room. the exception of about a half a dozen of ily break-up becomes commonplace, Mr. STUPAK. I am asking about the them who had the courage to stand up dysfunctional families are routine and corporate tax repeal. for these proposals, the Republican 1 out of 3 children born in America are f Party has supported proposals that born out of wedlock? would reward millionaires and in some A DEBATE ON THE ISSUES OF If it were a foreign government that instances billionaires from paying TAXES had imposed these policies, it would be their taxes, avoiding paying taxes if regarded as an act of war. The SPEAKER pro tempore (Mr. they renounce their U.S. citizenship. It is not too much to expect that gov- KINGSTON). There being no designee of You say, ‘‘Gosh, would anybody do ernment be the friend, not the foe, of the majority leader, under the Speak- that? Would anybody actually have re- the family. One critical step toward er’s announced policy of January 4, nounced their American citizenship?’’ that goal is the passage of the $500 per- 1995, the gentleman from Michigan [Mr. Yes, they would. You have got about 12 child tax credit. Seventy-four percent BONIOR] is recognized for 60 minutes as to 24 people in this country who are of this tax relief would go to families the designee of the minority leader. playing that game. The cost to the U.S. with incomes under 75,000. it is progres- Mr. BONIOR. Mr. Speaker, I would sive and would be worth a lot more to taxpayers is about $3.6 billion over a like to engage my friends, the gen- 10-year period, giving up their citizen- the cuy with a lunch bucket than to tleman from Michigan [Mr. STUPAK] the corporate executive in the country ship in an unpatriotic way, after hav- and the gentleman from California [Mr. ing had this country defend them, de- club dining room. MILLER], in debate about this whole This $500 per-child tax credit would fend their interests, defend their as- issue of taxes, because I think it is sets, and throwing it away so they shift power and money from Washing- quite relevant. We are entering a very ton bureaucrats and return it to the could avoid paying their responsible critical part of the 100 days. share back to the people who worked moms and dads of middle America. I might say to my friends, the gen- For a middle class family of four that for them, the men and women of this tleman from California, the gentleman country. $1,000 could mean the difference in from Michigan, to answer that ques- We had a proposal to get rid of that whether both parents have to work, it tion, this tax bill is so weighted for provision, to make them pay their fair could mean the difference in whether those select few, the privileged few in share. The people on this side of the health care premiums can be paid, it our society, the ones who are most aisle, with the exception of five people, could mean clothing costs for an entire comfortable, that it is an absolute out- voted to retain it, to keep it, to protect year, it could mean the down payment rage. them. This was all in a bill that we for the cost of a collage education or it The gentleman from Michigan [Mr. could mean a trip to the pizza parlor passed here last Thursday, over our ob- STUPAK] is absolutely right. The tax jections, because of this provision. It once a week, but it should be the fami- bill we will be discussing and voting on was a good bill. It provided a deduction lies’ choice not ours. this week gets rid of the alternative Please remember family tax relief is minimum tax. What is that? I will tell for small business people under health not a new spending program, not a new you what that is. That is the tax that care, 25 percent next year, 30 percent entitlement, not a give away from the corporations, you know, the Fortune the following year. It could have been a Government. It is simply allowing the 500, the wealthiest corporations in the little higher if we had gotten rid of American family to keep something country, have to pay. The reason they that billionaire provision. We would that already belongs to them—more of have to pay it is because in the early have provided a little bit more for their earned income. The time for fam- 1980’s, from 1981 to 1985, you had 130 out small business people. ily tax relief is now. Forty-five million of the largest corporations in America Unbeknownst to us, Mr. Speaker, in- American families making less than pay no taxes for one of those years. cluded in that bill, and not told to us $75,000 a year would receive meaningful They were not paying taxes. So, you or anybody on this floor, was a secret relief from the heavy burden of tax- know, we embarrassed them in this provision that was made known to the ation. The American family is tired of American public by the New York high sounding rhetoric and empty House to incorporate an alternative minimum, which Ronald Reagan fi- Daily News. It talked about some back- speeches about family values while pol- room dealings cut by House Repub- icy makers kick them in the teeth nally accepted after harassing him for about 3 or 4 years. Now that the Repub- licans. Last week the House passed leg- again by saying ‘‘we can’t afford it islation that would allow tax deduc- now.’’ We can’t afford not to do it now. licans are back in power, they want to get rid of it. tions, as I said, for self-employed, and Our national security is intertwined repeal the tax benefits for minority with family security. Strong and se- In addition to that, the capital gains tax, and we are not opposed to a tax for broadcasters. cure families mean a strong and secure However, hidden in that conference society. entrepreneurs and investors, we just want to see it equally distributed. The report was one special provision that b 1945 proposal that the Republicans have on would allow Rupert Murdoch to reap Mr. STUPAK. Mr. Speaker, will the capital gains would give 80 percent, tens of millions of dollars in tax bene- gentleman yield? close to 80 percent of the benefits to fits. Mr. HUTCHINSON. I am glad to yield those making over $100,000 a year or Mr. Speaker, it is interesting, this to the gentleman from Michigan. more. 100 days started with Rupert Murdoch Mr. STUPAK. I just had a question, Basically, Mr. Speaker, if you are when he gave the Speaker a $4.5 mil- Mr. Speaker. In your statement you in- making $20,000 or $30,000 or $40,000 or lion book deal. You know what, it is dicated that the person would be better $50,000 you will get maybe $25 or $26. If ending with Rupert Murdoch getting off under your tax plan because he you are making over $100,000 a year you tens of millions of dollars in tax bene- would have more money in his pocket. get about $1,100. The higher you go up fits. What a shameful, shameful story. Yet how do you justify the gentleman in income, the more you are going to In fact, according to the Sunday’s with the lunch bucket paying Federal gain. New York Daily News, ‘‘Republicans taxes, and yet your tax bill repealed Of course, Mr. Speaker, the tax pro- dropped their opposition to the tax the alternative minimum corporate posal in general is weighted heavily. break after learning Murdoch was the tax, so the corporations do not have to Over 50 percent of the benefits go to beneficiary of the legislation, and con- pay their taxes? How would that help those making over $100,000 a year. That sulting Gingrich, according to six the gentleman with the lunch bucket? is why we are opposed to it, that and sources involved in the negotiations.’’ Mr. HUTCHINSON. I am referring the deficit issue, but the inequity of it In fact, according to an earlier New specifically to the $500 tax provision, is so outrageous. I am not surprised York Daily News story on Saturday, a the tax break we offer for the children. that it is weighted that way, because Senate staffer is reported as saying H 4088 CONGRESSIONAL RECORD — HOUSE April 3, 1995 ‘‘The Republicans were going to kill parently some negotiations taking United States of America. They do not the deal until they found out that place in the back room, that this one pledge it until their taxes are too high, Murdoch owned the station. Then they provision, 1 out of 17, was allowed to go or until they want to save money. They almost magically approved it.’’ forward. pledge allegiance to the United States Keep in mind, the Republicans claim Mr. BONIOR. Mr. Speaker, not very of America through thick and thin, they oppose this kind of tax break. In many people knew about this. I did not through good and bad. They do not fact, the Speaker said he was against it know about it. I do not think anybody pledge it until their kid does not get in February. The gentleman from on our side of the aisle knew about it. into college. They do not pledge alle- Texas [Mr. ARCHER] made a big deal It was done with the consent of two or giance to the United States until their about it when he brought this bill up. three people on this side of the aisle, son or daughter gets drafted into the He almost made a crusade about it in including the Speaker. Army to fight an unpopular war. They the Committee on Ways and Means I might also point out to my friend, pledge allegiance to the United States about killing these types of tax deals. the gentleman from California, that day in and day out. But we have 17 other pending deals the Speaker is beholden to Mr. Now we have a handful of billionaires that were on the block that they Murdoch for the sale of his book. He that, for the sole purpose of avoiding scrapped, they got rid of. They refused did not take an advance, so, you know, taxes, are willing to renounce their to allow these deals to go forward. he is beholden based upon royalties for American citizenship, and we are going The only case, the only case involv- the book. Mr. Rupert Murdoch, who is to say ‘‘Give them the congressional ing Rupert Murdoch’s TV station in At- the owner of the publishing company, stamp of approval.’’ lanta was allowed to go through with a can basically, depending upon how hard It is absolutely outrageous that we special tax break. he pushes for the sale of the book, de- would do that, considering the other Mr. MILLER of California. Mr. termine how successful it will be. patriotic Americans that have lost Speaker, will the gentleman yield? The appearance of it is grotesque. their lives pledging allegiance to the Mr. BONIOR. I yield to the gen- Mr. MILLER of California. It is not United States of America, that have tleman from California. only the appearance now, today, after- lost their homes pledging allegiance, Mr. MILLER of California. Mr. ward. It is what was put forth to the that have lost their children in wars, Speaker, that was the point the gen- Members of this House. Members of that have lost their spouses and their tleman just made. While there was a this House thought they were voting on loved ones in wars in this country. great deal of controversy in the Com- a good bill to allow for the deductibil- Now a handful of people decide that mittee on Ways and Means and on this ity of 25 percent of the health costs for it is no longer to their advantage to floor about the fairness and extent to individuals, for self-employed individ- pledge allegiance to the United States. which the Tax Code should be used to uals, in this country, and yet what do They are going to leave the country for sell these communications assets, it they find out? That that bill was now the sole purpose, this is the only way was clearly the intent of the Repub- gamed by the Speaker, for the interests this can happen, for the sole purposes licans to get rid of all of them, and of Mr. Murdoch, by the Senate, for the of avoiding taxation on their estates. It when amendments were offered to specific purposes of providing camou- is an outrage. make them fairer, to reduce the cost to flage, so under the cover, without any- Mr. BONIOR. It is an outrage, and it the taxpayer, and to scrutinize them one knowing this, this provision could is an outrage that these two provisions more than they have in the past, that be written into law, and Mr. Murdoch on this good bill that would help small was rejected, because all of these had could gain apparently what is around business people all over this country to be killed. $63 million of benefit. would be prostituted, prostituted by Apparently when they got to con- The tragedy is that that $63 million these two select provisions in this bill, ference committee, they went over an now comes out of the very hide of the one of which we did not know about it, inventory of the impact of this amend- deductibility, as you pointed out, be- the other of which we fought and we ment, that this would have. They found tween this and the billionaires’ tax lost to the Republicans, that would there were 17 or 18 or 19 deals that were break that was in that bill, which we protect billionaires, that would protect in the works, that were in stages of did know about and we did object to, Mr. Murdoch and his deals. completion, and would benefit from and unfortunately, we could not get I yield to the gentleman from Michi- this tax provision, the sale of commu- the Republicans on the other side to gan. nications assets. They decided to kill agree to, these people maybe could be b them all until they got to one, until allowed a deductibility of 30 percent of 2000 they got to the one that represented their health care costs, or 35 percent, Mr. STUPAK. It is only fair to our Rupert Murdoch. I think that is what for the billions of dollars that was put audience to let them know where we is important to understand here. As into this legislation, all under the are now. This bill has gone through the gentleman pointed out, this 100 guise that we are doing something nice both the House and Senate and the days started with Rupert Murdoch for the self-employed, which everybody conference reports, and we voted on it. making a very unusual gesture. That in the House agreed with. But they It is now on its way to the President. is, a book deal to the Speaker of the gamed that with the secret deal here And one of the things I have asked House that originally was going to pay for Mr. Murdoch, and one clearly has a for tonight and I hope others would him a $4 million advance. The Speaker, very direct connection to the Speaker join with me in urging the President to to his credit, later turned that down, of the House of Representatives. veto this whole bill, the bill that is on after the light of day was shown on Mr. BONIOR. Now they are asking us its way to his desk to allow that tax that and people recognized the imme- to take their confidences and their break for the self-employed individ- diate conflict of interest. word on a major, major tax bill that uals. We do not want to hurt that part The suggestion was that Mr. will benefit, as we said, primarily the of the bill. We want to kill the $63 mil- Murdoch really had no business of an very wealthiest, the privileged few in lion deal that we see for Mr. Murdoch. unusual nature before this Congress, our society. Why would people want to But the only way we can kill that that there was no conflict of interest, do that, after having seen this last whole situation is ask for the President and the Speaker had no ability to in- week two glaring examples of greed for to veto that bill. fluence. Now we move those state- the wealthiest people in our society, If he vetoes the bill, I would urge my ments forward 87 days, and what do we with the billionaire exemption, and support, I am sure the Democratic find out? That Mr. Murdoch had spe- now with this deal with Mr. Murdoch? leadership would do the same, to bring cific legislation and matters before Mr. MILLER of California. If I could a bill to permanently extend that self- this Congress, it was brought to the at- just say, Mr. Speaker, every day we insured business deduction expense for tention of the Speaker, and the Speak- start out the House of Representatives health care for working Americans. er opened the gate for it to happen, be- with the Pledge of Allegiance. Mem- Mr. BONIOR. Would you yield on cause it was only through his willing- bers of this House and our guests in the that point? ness to allow this to happen, and ap- gallery, they pledge allegiance to the Mr. STUPAK. Yes, I would. April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4089 Mr. BONIOR. If the President vetoes help the middle class. And I do not con- Mr. STUPAK. $450 for each taxpayer. this bill, and I hope he will—if he ve- sider the middle class Du Pont Corp. It is three times greater for corporate toes this bill we will do another bill with $3.8 billion, or some of these other welfare than it is for individuals. here, and we will do it quick because I large corporations that pay no taxes, And you mentioned student loans, know people on both sides of the aisle yet the American people have to pay a which is part of this tax bill. The stu- do not want those small business peo- minimum 20 percent tax on their wages dent loans, my university, Northern ple, those self-employed people, to go to the Federal Government. Michigan University, University of without the 24 to 30 percent exemption Mr. BONIOR. There are a lot of good Northern Michigan, their tuition has for their health insurance. corporations in this country, and they gone up this year alone. It is proposed And I would also predict to my friend help in employment, they help the pro- to go up 15 percent. Where are they from Michigan that the other side will ductivity of the county, they help the going to get the money? not even try to override that veto. country grow, but they also have an But yet we are going to let the cor- They would not have the guts, the obligation as well to participate in porations not pay any taxes. And that nerve, the chutzpah to bring that bill sharing in the burden of taxation so we money to help out with our direct stu- back with those two provisions and try can provide for this country. And when dent loan, the interest on the loan, the to convince the American people that they do not do it, when, for instance, Stafford grants—— this is the right policy for this coun- we subsidize the mining industry in Mr. BONIOR. Stafford loan, Perkins try. this country with about a $1.2 billion loan for the low interest, work-study. Mr. STUPAK. I would agree. I do not subsidy each year or the large irriga- Mr. STUPAK. Work-study, you are think there would be much intestinal tion industry in this country and oth- right. Where is it going to go? To help fortitude to try to allow a $63 million ers with subsidies, I mean, it hurts ev- pay for this tax plan for the corpora- tax break for one company, for the ben- erybody in the business sector. It hurts tions. efit of one individual. Who pays for large corporations, small people strug- Mr. MILLER of California. Would the that but all of us, all the working men gling in business. And all we are asking gentleman yield? and women around this country. is that everybody participate in mak- Mr. BONIOR. Yes. But you know when we were talking a little bit earlier about the alter- ing sure that we have an equitable sys- Mr. MILLER of California. I would native minimum tax. We are going to tem. like to say the gentleman from Michi- have a tax bill up this week on the And what we are getting out of the gan [Mr. STUPAK] makes a very impor- floor, and we are going to give tax other side of the aisle, take it out on tant point. I think the people in this breaks and tax breaks here and tax school lunches, take it out on elderly country have got to begin to focus on breaks there, but one of the most re- heating assistance, take it out on stu- where is the money coming from to pay pulsive tax breaks is the repeal of the dent loans. We are going to get a whole for this tax bill. alternative minimum tax. debate on student loans coming up here The money is coming from the people I know you started this special order because they want to add for us in who need it the most in this country. tonight talking about that alternative Michigan here the cost on the student We saw that in terms of the nutrition corporate minimum tax, and you are loans will be about $4,000 additional for programs, where $7 billion was taken talking about, before 1985, before 1986 the students in our State because they out of nutrition for children, for the really when the bill was signed into want to get rid of that interest subsidy, tax cut. We saw $9 billion out of the in- law, how corporations did not pay any move that right up to the front instead terest subsidy that allows young people taxes. And yet the person with the of 6 months after you graduate. That is to stay in school and not start paying lunch bucket or the secretary or the about a $4,000 hit. interest on those loans until they have clerk or the midnight watchman has to They are taking all of these savings the degree that allows them to get the pay his Federal taxes. But corporations from middle-income people. They put job, almost $20 billion in total out of did not because they could afford the it in a little pot, and they move it over student loans. accountants, the lawyers to find the here, and they use it to pay for these We also know that the money that tax loopholes, and they would not have tax cuts for the wealthiest in our soci- they are talking about taking and giv- to pay any taxes. ety. And oh, yeah, they give some to ing back to the seniors was money that You brought up, oh, about 130 compa- middle-income people. is now supporting the Medicare system. nies that did not pay any taxes. I guess Let me give you an example what We know that there are additional cuts one of the most striking ones was Du they give to middle-income people. for Medicare. This is one of the great- Pont Corporation. Between 1982 and Capital gains tax cut. You earn about est transferences of wealth from mid- 1985 their pretax profits were $3.8 bil- $50,000 a year. You get about $26 back dle-income families, from working fam- lion—pretax profit, $3.8 billion. You on an average. You earn $200,000 a year, ilies, from families striving and sac- know how much they paid in taxes dur- and you will get a cut of about $11,266 rificing before they ever take a student ing those years? under their tax plan. Where is the eq- loan to pay for the education of their Mr. BONIOR. How much? uity there? children. To take money from these Mr. STUPAK. Nothing. In fact, they Mr. STUPAK. You were talking a lit- people and to transfer it to high-in- supplemented their pretax profits by tle bit about some of the things that come individuals, most of whom when obtaining $179 million in tax rebates, in have happened on this floor. We were you talk to them they say if that is tax rebates. I mean, $3.8 billion, you do talking with welfare and AFDC, aid for how it is done, then do not bother. not pay any taxes. We turn around and to dependent children. Everyone People making over $200,000, over through tax loopholes and tax provi- gets all excited about that, but yet we $150,000, sure, they would like the sions, give Du Pont $179 million in tax have this corporate welfare, too, where money. But they say if that is the rebates. it is aid for dependent corporations, price, is that kids are not going to be They want to bring back that kind of AFDC as we call it in 1995. able to go to school or not get a school tax system because they say it is good And we do not mind helping out any lunch or these kinds of programs, they for American families when the sec- corporations. And there are good cor- say I do not need it, put it on the defi- retary, the clerk, or the watchman is porations out there. We do not mind cit, lower interest rates, or leave it paying Federal taxes, but the corpora- helping them out. But if you take this with the kids so they can get an edu- tion they work for that may have bil- fiscal year and this tax year we are in, cation. lions of dollars in profits do not have for every taxpayer in this country, we But what we see is all of this camou- to pay any taxes. In fact, they can get are giving corporate welfare out at the flage about middle-income people a tax rebate. amount of $1,388 for every individual. when, in fact, we see that we had a So I know it is going to be a long You know what we give for heating, for whole group of companies that never week; it is going to have some intense food stamps, for housing, for low-in- paid taxes up until 1988, and now they battles, but these are the inequities come folks? are going to relieve those companies of that we are trying to correct to truly Mr. BONIOR. How much? the alternative minimum tax. They H 4090 CONGRESSIONAL RECORD — HOUSE April 3, 1995 will go back to making billions of dol- the wealthiest corporations while we and it is really ending that way in the lars and not paying any taxes, not pay- are deficit spending? Wouldn’t the sense that the President has on his ing their fair share. They are going to money be better served, couldn’t we desk right now a bill that will provide give capital gains to the highest-in- help out those corporations, couldn’t Mr. Murdoch with tens of millions of come people in the country, as you we help out those individuals if we dollars in tax breaks as a result of a point out, middle-income people with would, of course, put the money toward provision that was put into the con- capital gains, a very slight amount. deficit reduction, which we could do ference report on the tax bill that we The point is that is why they do not more of? have just had here in the House of Rep- want the cap is that this is a massive You know, the logic is, is this the resentatives that would have benefited transfer from moneys that help people right time in this Nation’s history to small businessmen and their health in- in this country achieve advancement be giving tax breaks when we are run- surance concerns. and status and education and training ning a deficit? Where are you going to And, you know, I cannot tell you how to participate in the American eco- get the money for the 188 other than totally frustrated I certainly am, and nomic system. And they are gathering taking it from the working class? But millions of Americans, I think, join me up all of this money and they are going wouldn’t we really be doing our kids a in the frustration to see my friends on bigger favor if we brought down the to transfer it this next week into the this side of the aisle help the million- deficit, the debt? tax bill to go to high-income people. aires and, in some instances, in this Mr. MILLER of California. The gen- Mr. BONIOR. And it is the same peo- case, the billionaires reap these tax tleman is quite correct. To borrow ple that already have, are doing well. I benefits at the expense of everybody money, to give a $500 credit to some- mean, one of the most telling statistics else, and then more disturbing is the that I have seen this year is the one body making $150,000 to $200,000, you ought to see what the children are way it was done where no Members on that says, since 1979, 98 percent of the this side of the aisle were aware of it. wealth and income—income increases going to have to make to pay that money back over the next 25 years be- I hope the President will stand up in this country have gone to the top 20 and veto this bill. percent of in this country. That means cause we borrowed it from the Treas- ury now. Mr. President, if you are listening, if 80 percent of the folks are not going you veto this bill, you are not going to anywhere. They are standing still. If we were flush, if we had a big stack have any trouble sustaining your veto They are losing ground. of money in front of us and we had all in this House of Representatives. The Here we are, instead of trying to help of our bills paid, fine, then give a divi- Republicans would not dare, after your those folks get into the game and be a dend to the shareholders of America, veto, to bring this bill back to the full participant in this society, we are give a dividend to the taxpayers, let House floor with the billionaire provi- giving more to the top 20. them participate. sion and the millionaire writeoff provi- Mr. MILLER of California. Those are But I assume when you go to your sion for Rupert Murdoch and expect priorities. I mean, we have to, we are town hall meetings you are hearing the American people to buy it. not wealthy enough. We are going to what I am hearing. People are saying It will have covered their 100 days in offer an incentive program for edu- how can you borrow money to give a a way in which will bring disrepute cation, recognizing that families are tax cut when you have the deficit? Pay struggling. down the deficit. upon their efforts, and so with that, I We heard testimony this last Friday Because what do they remember? would yield finally to my friend, the out in San Francisco, Congresswoman They remember after the President gentleman from Michigan, to conclude, made those cuts, those $500 billion, and I thank my colleague, the gen- ESHOO and Congresswoman PELOSI and myself, about families who were strug- that interest rates went down. Their tleman from California [Mr. MILLER], gling far beyond the student loan debt. children for the first time were able to for his eloquence and his support of They have refinanced their houses. buy a house. They were able to refi- working families. nance their houses from the high inter- They have done everything they can. Mr. STUPAK. I believe the gen- est rates of the 1980’s and saw the econ- So we are going to offer—the minor- tleman from Michigan [Mr. BONIOR] is omy moving. ity leader, Mr. GEPHARDT, is going to right. You know, it was H.R. 831. I What were they presented with this offer, allow them the deductibility of think I said 381, but it is H.R. 831, last week? The home sales again are in those education costs and those train- which was to amend the IRS Code to the doldrums. The inventory is backing ing costs for people who are going back permanently extend the deduction for up. People cannot afford to enter the to school so they can keep their jobs, health insurance costs for self-em- home market again as first-time buy- allow them the deductibility on stu- ployed individuals, something we all ers. That would be the benefit of the dent loans, allow them to set up an wanted to do. In order to get this bill deficit reduction. educational IRA so they can start sav- through and get it passed by April 15, But they have chosen to provide, you so people could take advantage of it, ing if they have very young children. know, hundreds of billions of dollars But we have enough money to do because it had expired, so they could that they simply cannot pay for in any take advantage of it for the 1994 tax that, but we do not have enough money other way rather than just ravaging to do that and then to give away season, they put in a provision permit- programs like student loans and child ting this nonrecognition of the capital money to people who essentially right nutrition and a whole host of programs now do not need this kind of assistance gains to take care of the Viacom situa- that help families provide a better life tion, again, all honorable, all well-in- because they are making very high in- for their children, far in excess of the tended. comes, in the top 1, 2, 3 percent of all tax credit for the very wealthy. the people in the country. But what happens so often on this Mr. STUPAK. The other thing I b 2015 floor, then, they put in things we do think in this whole debate that is Mr. BONIOR. The tragedy in all of not know about, or they slipped some- somewhat lost is this money, this tax this, and if I could help bring it to a thing in. I was always proud to say the shift, that we are seeing money go close, and I will yield to my friend House never did that, that we had very from the working class to the wealthi- from Michigan before I do, because I strict rules and amendments and ev- er corporations and to wealthier indi- know my good friends from Texas are erything had to be germane to the bill viduals in this country. It is going to waiting, and I do not want to keep before it. No one got special treatment them. It is not going for deficit reduc- them much longer, and my friend from in the House. The Senate, at times, the tion. It is not going to reduce the Na- New Jersey is waiting as well. other body, may add a couple things tional debt. You know, we started this conversa- here and there. We go to conference. We are going to shift over 5 years tion this evening when we talked about Those things are knocked out and like $188 billion, and yet we have a $176 the inequity in the tax bill, and we taken care of. You know what got billion deficit, $4.7 trillion debt. started off by saying this hundred days knocked out on this one was the Amer- Why are we running around giving was begun with Rupert Murdoch giving ican people, and about $63 million we tax breaks to the wealthiest people and the Speaker a $4.5 million book deal, have to pay for now. April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4091 Mr. BONIOR. And 17 other minority because she knew well all these aspects and to those who just plain loved the broadcasters got knocked out just to of the human spirit. melodic sound of her beautiful sultry take care of Mr. Murdoch on the other While Selena’s hits were recorded in voice. end of the deal. Spanish, her first language was Eng- This Easter, think of Selena. On this Mr. STUPAK. So in summation, I lish, and she had just begun recording Easter Sunday, who would have been 24 hope the President does veto the bill. I in English in an attempt to cross over years old. believe in the intent of the bill, but I into the pop mainstream. She was still In closing, let me say a word to the certainly do not believe in the final recording her first album in English young people to whom Selena meant so analysis of this bill and what we now when she died. much. Just bacause she is gone, please know in less than 48 hours after it was She was one of our young people who do not forget her message—stay off passed that there was a special deal. So could reach across the divides that sep- drugs, be honest, get an education, care I hope the President, if he is listening, arate us as a society to show this coun- about each other, get involved—and no as you indicated, would veto this bill, try, through her music, how much we matter what—never give up. bring it back. We will work hard to get share as human beings. We will always carry her music, her it passed by the end of the week. Selena was a woman who paid back message and her love in our heart. f the generosity of her community. To her husband, Chris Perez, her par- She always went to the schools and ents Mr. and Mrs. Abraham TRIBUTE TO THE LATE SELENA spoke to the children about drug abuse, QUINTANILLA PEREZ Quintanilla, her brother and Sister and honesty, and staying in school to get her entire family, we offer our deepest The SPEAKER pro tempore (Mr. an education. Her community loved her sympathy. May she rest in peace. so much, I have never seen such an out- KINGSTON). Under a previous order of Mr. Speaker, I yield to my good pouring of support and love from a the House, the gentleman from Texas friend, the gentleman from New Jersey [Mr. ORTIZ] is recognized for 60 min- community. People all over Texas [Mr. TEJEDA]. drove with their headlights turned on, utes. Mr. TEJEDA. Mr. Speaker, I join my Mr. ORTIZ. Mr. Speaker, it is with a and tied black ribbons to their car colleague from Corpus Christi and the heavy heart that I rise today to pay radio antennas, on in silent tribute. tens of thousands of fans in south tribute to an outstanding young inter- She was genuinely kind and plesant, al- Texas and around the world to mourn national recording star and business- ways with a generous manner for her the loss of a talented young Tejano woman, Selena Quintanilla Perez, fans or her hometown people. known throughout the world as simply She was one of us. Artist, Selena Quintanilla Perez. ‘‘Selena.’’ She was a role model for the young Known internationally for her talent She was murdered on Friday by a dis- people in the community. The young and vivacious personality, Selena was gruntled employee. people mimicked her songs and her murdered this past Friday in her home- Today, I want not to dwell on the cir- easygoing persona. They admired the town of Corpus Christi, TX. Just 2 cumstances of her tragic death, but on fact that she never forgot her roots, weeks shy of her 24th birthday, Selena the way that she faced adversity, over- and they felt stronger because they leaves us a legacy of spirit and hope. came the odds, and how she really lived shared those roots. Young people could My heart goes out to her family, her each and every day of her 23 years. look to Selena and know that she had friends, and her many fans. Selena was born near Houston, Texas come up out of the barrio and had Nothing I can say will reduce the and began singing in Corpus Christi at made a huge success out of her life and pain, the heartache. Nor can I begin to age 5 with her father’s band, Los Dinos. her music. answer the difficult question: Why, When she began performing at age 9, They believed that she spoke to them how could this happen to one with so the band became known as Selena y through both her music and her deeds, much promise, so much talent, and so Los Dinos. and they loved her for that. much to give. News of her death sent She grew up in the humble Molina When word spread on Friday that shockwaves from Washington to south barrio of Corpus Christi where the Selena had been murdered, millions of Texas, from Los Angeles to Miami, neighbors all know each other. In 1994, her fans simply stopped what they were from Mexico to South America. she took home the Grammy Music doing and just cried, both at the trag- Selena began her singing career at a Award for ‘‘Selena Live,’’ in the cat- edy of a woman dying so needlessly so young age, singing with a family band. egory for Best Mexican-American young, and for their personal pain at From her humble beginnings, she suc- Album. the loss. Her life was far too brief. ceeded in winning a Grammy and ob- This year, her album, ‘‘Amor She was only 23 years old when she taining international fame. Her success Prohibido’’ or ‘‘Forbidden Love’’ went was murdered, and there is little doubt did not take her away from her family, quadruple platinum. that her greatest years were on the ho- she and her husband lived next door to Ironically, Selena’s newest song, rizon. her parents’ home. Now a senseless ‘‘Foto y Recuerdos,’’—‘‘Photographs I will miss Selena very much. criminal act has taken her from us, but and Memories’’—was No. 4 on the Latin Just 3 years ago, when I was the her legacy will live on. charts on the day she died. Her song, chairman of the congressional Hispanic Selena was more than a rising star in ‘‘Amor Prohibido,’’ earned another caucus institute, she entertained at the the vibrant Tejano music industry. Grammy nomination for this year. institute’s annual gala at my invita- Selena was a role model for many, from Selena was known as the Queen of tion, and as always she brought down young children to senior citizens. She Tejano music, which is the late 20th the house. represented hope, speaking out against century version of the popular Tex-Mex While she was in Washington for the drugs and preaching the need to stay in conjunto, an accordion based rhythmic gala, I took her to the largely Hispanic school and obtain an education. Even style of music. Selena has described Mount Pleasant neighborhood to enter- with her frequent travels and the de- her music as a combination of polka, tain DC’s Hispanic community. mands of her growing singing career, country, and jazz. Since we both came from low income Selena earned her high school degree Last month, at the Tejano music neighborhoods, it was important for through correspondence courses. awards, she won seven major awards, both of us to share the abundance of Despite her overwhelming popu- including female entertainer of the the annual gathering with those less larity, Selena consistently held strong year. However she or anyone else wish- fortunate. ties to her Hispanic heritage. Selena es to categorize her music, Selena’s That night we took another Mexican succeeded in bringing Tejano music music touched the hearts and souls of star with us, Rosa Gloria Chagoyan. into mainstream America and is recog- her listeners. Thousands greeted her and were deeply nized not only in Texas, but in all of She spoke to the everyday obstacles moved by her music. But most of all America, Mexico, and South America. and triumphs in our lives. she will be missed by those to whom Her latest release, ‘‘Amor Prohibido,’’ She spoke to the fears, anxieties, she spoke through her music, to the has topped the Latin charts for 43 con- hopes and ecstasy in all of us, simply hearts she touched with her message, secutive weeks. Prior to her death, her H 4092 CONGRESSIONAL RECORD — HOUSE April 3, 1995 album had sold nearly 500,000 copies, Mr. Speaker, to those who grieve I style, in a family group, in helping enough to qualify for gold record sta- say, ‘‘The loss is real, but we must give each other along the way. tus. Playing the Houston Livestock life to this tragedy. We must not give I think it also should be of impor- Show and Rodeo for the past 3 years, up the hope and the light which Selena tance to us—and it has been men- she sold out the Astrodome’s 62,000 exemplified.’’ tioned—she recently was in San Anto- seats. I repeat her message: nio with the San Antonio Spurs visit- Our loss is great, not just because of ‘‘Work for your dreams. Stay in ing schools, stay in school, do not get the music we will miss or the flash of school. Say no to drugs. Foster hope in into drugs. She devoted so much time a bright smile. We have lost a voice, a your own life and the lives of your fam- to working with the youngsters. But voice for our children, a role model for ily and friends.’’ there is no age limit to those who are success, for hope, and for life. Selena gave us the tools to remember admired and listen to her music. I She was in the process of making a her every day in everything we do. Her know personally in my family that, crossover into pop music by recording challenge to us is to live up to the high from everyone in the family, regardless her first English album, venturing into standards she set for herself. It is my of age, enjoyed her music and looked at what for her was uncharted waters. hope that Selena Quintanilla Perez will her in a very respectful, admiring way True to her personality, she did not be remembered, not for this tragedy, because she had what in Spanish is shrink from the challenge but rose to but for all that she gave to her family called El Don de Gente. That is an old meet it. We will never know the extent and to all of those who loved her. of her potential accomplishment. Again, Mr. Speaker, I thank the gen- Spanish saying that is given to a very special few that can touch you and Although Selena has been equated tleman from Texas [Mr. ORTIZ], my with the greatest pop stars of the day, friend and colleague from Corpus, for make you feel they are part of you, she had her own style in her music and organizing this special order and allow- that can speak to anyone regardless of concert apparel. She conveyed her mes- ing me this time. stature, regardless of economic level. sages of happiness, of life, in her songs Mr. ORTIZ. I thank the gentleman, Those that have that special talent are through her emotions on stage. Her au- and I would like to yield, Mr. Speaker, but a very, very few, and she had that dience could not resist singing and to the ranking member of the Commit- very special talent. dancing with her as she performed on tee on Agriculture and one of the most So I join my colleagues, and I urge, stage. Her talents were many. Building senior members of the Hispanic Cau- as my two colleagues have said, to the on her stage appearances, Selena real- cus, the gentleman from Texas [Mr. DE youngsters to remember to stay off of ized one of her dreams last year when LA GARZA]. the drugs, to stay in school, and to she expanded into the clothing indus- Mr. DE LA GARZA. Mr. Speaker, I work with others of good will. try with the opening of clothing bou- thank my distinguished colleague for Mr. Speaker, I am reminded of an old tiques in Corpus Christi and San Anto- allowing me to join him and my col- song in my youth, ‘‘The Old Lamp nio to sell her fashion designs. league, the gentleman from Texas [Mr. Lighter,’’ which ended with the old We have all felt this overwhelming TEJEDA] on this occasion. For all of us lamp lighter, he made the world a little loss. This past weekend many Texans it has been a very sad occasion. Texas, brighter wherever he would go. This remembered Selena with candlelight the Nation, and perhaps all of the con- was what Selena Quintanilla Perez was prayer vigils organized as early as Fri- tinent mourn the loss of such a young, all about. She made the world a little day evening. In San Antonio, two vigils talented, productive life as that of brighter wherever she would go, and were held in area parks. Many fans Selena Quintanilla Perez. there have been the flowers, and there prayed at Selena’s home and at the Mr. Speaker, young people from have been the signs, and there will be a hotel where she was shot, leaving mes- throughout Texas and in my area in tomb with a monument, I am sure, of sages of love and support. People south Texas mourned, cried. They had some kind. But she will remain in the poured into Corpus Christi to pay their a candlelight vigil, as has been men- hearts, and the minds, and in the souls last respects. The road between San tioned. They went to churches. They of everyone. Antonio and Corpus became a highway drove with the lights on, with mourn- But she will go beyond that, and of cars painted with prayers and ex- ing black ribbons on the antennas of there is an old Spanish saying also that pressions of love. Thousands stood in their cars. But the outpouring of love one of the Spanish explorers, when line to pay their last respects at a spe- was not at the point in time when she they first came to the area where we cial memorial service in Corpus Chris- died. It has been there all along. They live was asked by one of his soldiers, ti, with wreaths of flowers overpower- had come to her concerts. They had ‘‘Will anyone ever know we came ing the stage. come to see her, to touch her, to listen through here?’’ To those who grieve, I say your loss to her. So he took his sabre and on the side is real, but we must give life to this One thing that I think we should of a rock wrote the date and his name, tragedy. We must not give up the hope look at is that the youngsters, chil- and the light which Selena exemplified. dren, see through falsehood. Children and at the bottom he put, ‘‘Paso por I repeat her message: Work for your know who is real and who is fake, and aqui,’’ he came this way. dreams, stay in school, say no to drugs, the youngsters throughout the area So I would join my colleagues in say- foster hope in your own life and the that I live in, and throughout all the ing that the world is a little better, she lives of your family and friends. Selena other areas, came and believed in shed light, good light, wherever she gave us the tools to remember her Selena. They wanted to touch her, they went like the old lamp lighter, and no every day, in everything we do. Her wanted to be like her, and I think this one should ever forget that, once she challenge to us is to live up to the high is very important because they have came our way in 23 short years in the standards she set for herself. It is my shown us that here in such a short pe- minds, and memories and hearts of all hope that Selena Quintanilla Perez will riod someone has reached the pinnacle of those who heard her music, all of be remembered not for this tragedy, in their professional life that is a very those who met her and admired her. but for all that she gave to her family difficult life. The Nation, and we as a people, and the and to all who loved her. Mr. Speaker, the music business is Hispanic culture, and the music world, not easy. Traveling in that atmosphere all of them would have been benefited b 2030 is not easy. The temptation for drugs, and will continue to benefit because a The road between San Antonio and for alcohol, is insurmountable at times young girl that lived only a very short Corpus Christi became a highway of for many of those, and this young 23 years paso por aqui. cars painted with prayers and expres- lady—and we talk here about family I thank my distinguished colleague sions of love. Thousands stood in line values and moral values—here is a fam- for allowing me this time. to pay their last respects at a special ily that worked together, that stayed Mr. ORTIZ. I thank my two col- memorial service in Corpus Christi together, and it is a tremendous loss leagues for joining me, and today we with wreaths of flowers overpouring for them and for us because all of the are really honoring a real role model. the stage. endeavor has been done in a family We talk about a close-knitted family. April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4093 Members of the band; it was her broth- ‘‘(2) ensure the greatest possible public benefit ‘‘(F) transmitting, or otherwise disclosing the er, her sister, her husband, and her fa- from and maximize the utility of information information; ther was the manager. Yes, a real role created, collected, maintained, used, shared and ‘‘(3) the term ‘collection of information’— disseminated by or for the Federal Government; ‘‘(A) means the obtaining, causing to be ob- model. ‘‘(3) coordinate, integrate, and to the extent I thank the gentleman for coming tained, soliciting, or requiring the disclosure to practicable and appropriate, make uniform Fed- third parties or the public, of facts or opinions and joining me today. eral information resources management policies by or for an agency, regardless of form or for- f and practices as a means to improve the produc- mat, calling for either— tivity, efficiency, and effectiveness of Govern- ‘‘(i) answers to identical questions posed to, or CONFERENCE REPORT ON S. 44 ment programs, including the reduction of infor- identical reporting or recordkeeping require- Mr. CLINGER submitted the follow- mation collection burdens on the public and the ments imposed on, ten or more persons, other improvement of service delivery to the public; ing conference report and statement on than agencies, instrumentalities, or employees of ‘‘(4) improve the quality and use of Federal the United States; or the bill (S. 244), to further the goals of information to strengthen decisionmaking, ac- the Paperwork Reduction Act to have ‘‘(ii) answers to questions posed to agencies, countability, and openness in Government and instrumentalities, or employees of the United Federal agencies become more respon- society; States which are to be used for general statis- ‘‘(5) minimize the cost to the Federal Govern- sible and publicly accountable for re- tical purposes; and ment of the creation, collection, maintenance, ducing the burden of Federal paper- ‘‘(B) shall not include a collection of informa- use, dissemination, and disposition of informa- work on the public, and for other pur- tion described under section 3518(c)(1); tion; poses: ‘‘(6) strengthen the partnership between the ‘‘(4) the term ‘Director’ means the Director of the Office of Management and Budget; CONFERENCE REPORT (H. REPT. 104–99) Federal Government and State, local, and tribal governments by minimizing the burden and ‘‘(5) the term ‘independent regulatory agency’ The committee of conference on the dis- means the Board of Governors of the Federal agreeing votes of the two Houses on the maximizing the utility of information created, collected, maintained, used, disseminated, and Reserve System, the Commodity Futures Trading amendment of the House to the bill (S. 244), Commission, the Consumer Product Safety Com- to further the goals of the Paperwork Reduc- retained by or for the Federal Government; ‘‘(7) provide for the dissemination of public in- mission, the Federal Communications Commis- tion Act to have Federal agencies become formation on a timely basis, on equitable terms, sion, the Federal Deposit Insurance Corpora- more responsible and publicly accountable and in a manner that promotes the utility of the tion, the Federal Energy Regulatory Commis- for reducing the burden of Federal paper- information to the public and makes effective sion, the Federal Housing Finance Board, the work on the public, and for other purposes, use of information technology; Federal Maritime Commission, the Federal having met, after full and free conference, ‘‘(8) ensure that the creation, collection, Trade Commission, the Interstate Commerce have agreed to recommend and do rec- maintenance, use, dissemination, and disposi- Commission, the Mine Enforcement Safety and ommend to their respective Houses as fol- tion of information by or for the Federal Gov- Health Review Commission, the National Labor lows: ernment is consistent with applicable laws, in- Relations Board, the Nuclear Regulatory Com- That the Senate recede from its disagree- cluding laws relating to— mission, the Occupational Safety and Health ment to the amendment of the House and ‘‘(A) privacy and confidentiality, including Review Commission, the Postal Rate Commis- agree to the same with an amendment as fol- section 552a of title 5; sion, the Securities and Exchange Commission, lows: ‘‘(B) security of information, including the and any other similar agency designated by In lieu of the matter proposed to be in- Computer Security Act of 1987 (Public Law 100– statute as a Federal independent regulatory serted by the House amendment, insert the 235); and agency or commission; following: ‘‘(C) access to information, including section ‘‘(6) the term ‘information resources’ means SECTION 1. SHORT TITLE. 552 of title 5; information and related resources, such as per- This Act may be cited as the ‘‘Paperwork Re- ‘‘(9) ensure the integrity, quality, and utility sonnel, equipment, funds, and information tech- duction Act of 1995’’. of the Federal statistical system; nology; SEC. 2. COORDINATION OF FEDERAL INFORMA- ‘‘(10) ensure that information technology is ‘‘(7) the term ‘information resources manage- TION POLICY. acquired, used, and managed to improve per- ment’ means the process of managing informa- Chapter 35 of title 44, United States Code, is formance of agency missions, including the re- tion resources to accomplish agency missions amended to read as follows: duction of information collection burdens on the and to improve agency performance, including ‘‘CHAPTER 35—COORDINATION OF public; and through the reduction of information collection FEDERAL INFORMATION POLICY ‘‘(11) improve the responsibility and account- burdens on the public; ability of the Office of Management and Budget ‘‘(8) the term ‘information system’ means a ‘‘Sec. and all other Federal agencies to Congress and ‘‘3501. Purposes. discrete set of information resources organized to the public for implementing the information for the collection, processing, maintenance, use, ‘‘3502. Definitions. collection review process, information resources ‘‘3503. Office of Information and Regulatory Af- sharing, dissemination, or disposition of infor- management, and related policies and guidelines mation; fairs. established under this chapter. ‘‘3504. Authority and functions of Director. ‘‘(9) the term ‘information technology’ has the ‘‘3505. Assignment of tasks and deadlines. ‘‘§ 3502. Definitions same meaning as the term ‘automatic data proc- ‘‘3506. Federal agency responsibilities. ‘‘As used in this chapter— essing equipment’ as defined by section 111(a) ‘‘3507. Public information collection activities; ‘‘(1) the term ‘agency’ means any executive (2) and (3)(C) (i) through (v) of the Federal submission to Director; approval department, military department, Government Property and Administrative Services Act of 1949 and delegation. corporation, Government controlled corporation, (40 U.S.C. 759(a) (2) and (3)(C) (i) through (v)); ‘‘3508. Determination of necessity for informa- or other establishment in the executive branch ‘‘(10) the term ‘person’ means an individual, tion; hearing. of the Government (including the Executive Of- partnership, association, corporation, business ‘‘3509. Designation of central collection agency. fice of the President), or any independent regu- trust, or legal representative, an organized ‘‘3510. Cooperation of agencies in making infor- latory agency, but does not include— group of individuals, a State, territorial, tribal, mation available. ‘‘(A) the General Accounting Office; or local government or branch thereof, or a po- ‘‘3511. Establishment and operation of Govern- ‘‘(B) Federal Election Commission; litical subdivision of a State, territory, tribal, or ment Information Locator Service. ‘‘(C) the governments of the District of Colum- local government or a branch of a political sub- ‘‘3512. Public protection. bia and of the territories and possessions of the division; ‘‘3513. Director review of agency activities; re- United States, and their various subdivisions; or ‘‘(11) the term ‘practical utility’ means the porting; agency response. ‘‘(D) Government-owned contractor-operated ability of an agency to use information, particu- ‘‘3514. Responsiveness to Congress. facilities, including laboratories engaged in na- larly the capability to process such information ‘‘3515. Administrative powers. tional defense research and production activi- in a timely and useful fashion; ties; ‘‘3516. Rules and regulations. ‘‘(12) the term ‘public information’ means any ‘‘(2) the term ‘burden’ means time, effort, or ‘‘3517. Consultation with other agencies and the information, regardless of form or format, that financial resources expended by persons to gen- public. an agency discloses, disseminates, or makes erate, maintain, or provide information to or for ‘‘3518. Effect on existing laws and regulations. available to the public; a Federal agency, including the resources ex- ‘‘3519. Access to information. ‘‘(13) the term ‘recordkeeping requirement’ ‘‘3520. Authorization of appropriations. pended for— ‘‘(A) reviewing instructions; means a requirement imposed by or for an agen- ‘‘§ 3501. Purposes ‘‘(B) acquiring, installing, and utilizing tech- cy on persons to maintain specified records, in- ‘‘The purposes of this chapter are to— nology and systems; cluding a requirement to— ‘‘(1) minimize the paperwork burden for indi- ‘‘(C) adjusting the existing ways to comply ‘‘(A) retain such records; viduals, small businesses, educational and non- with any previously applicable instructions and ‘‘(B) notify third parties, the Federal Govern- profit institutions, Federal contractors, State, requirements; ment, or the public of the existence of such local and tribal governments, and other persons ‘‘(D) searching data sources; records; resulting from the collection of information by ‘‘(E) completing and reviewing the collection ‘‘(C) disclose such records to third parties, the or for the Federal Government; of information; and Federal Government, or the public; or H 4094 CONGRESSIONAL RECORD — HOUSE April 3, 1995 ‘‘(D) report to third parties, the Federal Gov- phasis on applying information technology to ‘‘(1) provide advice and assistance to the Ar- ernment, or the public regarding such records; improve the efficiency and effectiveness of Fed- chivist of the United States and the Adminis- and eral procurement, acquisition and payment, and trator of General Services to promote coordina- ‘‘(14) the term ‘penalty’ includes the imposi- to reduce information collection burdens on the tion in the administration of chapters 29, 31, tion by an agency or court of a fine or other public; and 33 of this title with the information re- punishment; a judgment for monetary damages ‘‘(3) minimize the Federal information collec- sources management policies, principles, stand- or equitable relief; or the revocation, suspen- tion burden, with particular emphasis on those ards, and guidelines established under this sion, reduction, or denial of a license, privilege, individuals and entities most adversely affected; chapter; right, grant, or benefit. ‘‘(4) maximize the practical utility of and pub- ‘‘(2) review compliance by agencies with— ‘‘§ 3503. Office of Information and Regulatory lic benefit from information collected by or for ‘‘(A) the requirements of chapters 29, 31, and Affairs the Federal Government; and 33 of this title; and ‘‘(5) establish and oversee standards and ‘‘(a) There is established in the Office of Man- ‘‘(B) regulations promulgated by the Archivist guidelines by which agencies are to estimate the agement and Budget an office to be known as of the United States and the Administrator of burden to comply with a proposed collection of the Office of Information and Regulatory Af- General Services; and information. fairs. ‘‘(3) oversee the application of records man- ‘‘(d) With respect to information dissemina- ‘‘(b) There shall be at the head of the Office agement policies, principles, standards, and tion, the Director shall develop and oversee the an Administrator who shall be appointed by the guidelines, including requirements for archiving implementation of policies, principles, stand- President, by and with the advice and consent information maintained in electronic format, in ards, and guidelines to— of the Senate. The Director shall delegate to the the planning and design of information systems. ‘‘(1) apply to Federal agency dissemination of Administrator the authority to administer all ‘‘(g) With respect to privacy and security, the public information, regardless of the form or for- functions under this chapter, except that any Director shall— mat in which such information is disseminated; such delegation shall not relieve the Director of ‘‘(1) develop and oversee the implementation and responsibility for the administration of such of policies, principles, standards, and guidelines ‘‘(2) promote public access to public informa- functions. The Administrator shall serve as on privacy, confidentiality, security, disclosure tion and fulfill the purposes of this chapter, in- principal adviser to the Director on Federal in- and sharing of information collected or main- cluding through the effective use of information formation resources management policy. tained by or for agencies; technology. ‘‘(2) oversee and coordinate compliance with ‘‘§ 3504. Authority and functions of Director ‘‘(e) With respect to statistical policy and co- sections 552 and 552a of title 5, the Computer Se- ‘‘(a)(1) The Director shall oversee the use of ordination, the Director shall— curity Act of 1987 (40 U.S.C. 759 note), and re- information resources to improve the efficiency ‘‘(1) coordinate the activities of the Federal lated information management laws; and and effectiveness of governmental operations to statistical system to ensure— ‘‘(3) require Federal agencies, consistent with serve agency missions, including burden reduc- ‘‘(A) the efficiency and effectiveness of the the Computer Security Act of 1987 (40 U.S.C. 759 tion and service delivery to the public. In per- system; and note), to identify and afford security protections forming such oversight, the Director shall— ‘‘(B) the integrity, objectivity, impartiality, commensurate with the risk and magnitude of ‘‘(A) develop, coordinate and oversee the im- utility, and confidentiality of information col- the harm resulting from the loss, misuse, or un- plementation of Federal information resources lected for statistical purposes; authorized access to or modification of informa- management policies, principles, standards, and ‘‘(2) ensure that budget proposals of agencies tion collected or maintained by or on behalf of guidelines; and are consistent with system-wide priorities for an agency. ‘‘(B) provide direction and oversee— maintaining and improving the quality of Fed- ‘‘(h) With respect to Federal information tech- ‘‘(i) the review and approval of the collection eral statistics and prepare an annual report on nology, the Director shall— of information and the reduction of the informa- statistical program funding; ‘‘(1) in consultation with the Director of the tion collection burden; ‘‘(3) develop and oversee the implementation National Institute of Standards and Technology ‘‘(ii) agency dissemination of and public ac- of Governmentwide policies, principles, stand- and the Administrator of General Services— cess to information; ards, and guidelines concerning— ‘‘(A) develop and oversee the implementation ‘‘(iii) statistical activities; ‘‘(A) statistical collection procedures and of policies, principles, standards, and guidelines ‘‘(iv) records management activities; methods; for information technology functions and activi- ‘‘(v) privacy, confidentiality, security, disclo- ‘‘(B) statistical data classification; ties of the Federal Government, including peri- sure, and sharing of information; and ‘‘(C) statistical information presentation and odic evaluations of major information systems; ‘‘(vi) the acquisition and use of information dissemination; and technology. ‘‘(D) timely release of statistical data; and ‘‘(B) oversee the development and implementa- ‘‘(2) The authority of the Director under this ‘‘(E) such statistical data sources as may be tion of standards under section 111(d) of the chapter shall be exercised consistent with appli- required for the administration of Federal pro- Federal Property and Administrative Services cable law. grams; Act of 1949 (40 U.S.C. 759(d)); ‘‘(b) With respect to general information re- ‘‘(4) evaluate statistical program performance ‘‘(2) monitor the effectiveness of, and compli- sources management policy, the Director shall— and agency compliance with Governmentwide ance with, directives issued under sections 110 ‘‘(1) develop and oversee the implementation policies, principles, standards and guidelines; and 111 of the Federal Property and Adminis- of uniform information resources management ‘‘(5) promote the sharing of information col- trative Services Act of 1949 (40 U.S.C. 757 and policies, principles, standards, and guidelines; lected for statistical purposes consistent with 759); ‘‘(2) foster greater sharing, dissemination, and privacy rights and confidentiality pledges; ‘‘(3) coordinate the development and review access to public information, including ‘‘(6) coordinate the participation of the United by the Office of Information and Regulatory Af- through— States in international statistical activities, in- fairs of policy associated with Federal procure- ‘‘(A) the use of the Government Information cluding the development of comparable statis- ment and acquisition of information technology Locator Service; and tics; with the Office of Federal Procurement Policy; ‘‘(B) the development and utilization of com- ‘‘(7) appoint a chief statistician who is a ‘‘(4) ensure, through the review of agency mon standards for information collection, stor- trained and experienced professional statistician budget proposals, information resources man- age, processing and communication, including to carry out the functions described under this agement plans and other means— standards for security, interconnectivity and subsection; ‘‘(A) agency integration of information re- interoperability; ‘‘(8) establish an Interagency Council on Sta- sources management plans, program plans and ‘‘(3) initiate and review proposals for changes tistical Policy to advise and assist the Director budgets for acquisition and use of information in legislation, regulations, and agency proce- in carrying out the functions under this sub- technology; and dures to improve information resources manage- section that shall— ‘‘(B) the efficiency and effectiveness of inter- ment practices; ‘‘(A) be headed by the chief statistician; and agency information technology initiatives to im- ‘‘(4) oversee the development and implementa- ‘‘(B) consist of— prove agency performance and the accomplish- tion of best practices in information resources ‘‘(i) the heads of the major statistical pro- ment of agency missions; and management, including training; and grams; and ‘‘(5) promote the use of information tech- ‘‘(5) oversee agency integration of program ‘‘(ii) representatives of other statistical agen- nology by the Federal Government to improve and management functions with information re- cies under rotating membership; and the productivity, efficiency, and effectiveness of sources management functions. ‘‘(9) provide opportunities for training in sta- Federal programs, including through dissemina- ‘‘(c) With respect to the collection of informa- tistical policy functions to employees of the Fed- tion of public information and the reduction of tion and the control of paperwork, the Director eral Government under which— information collection burdens on the public. shall— ‘‘(A) each trainee shall be selected at the dis- ‘‘(1) review and approve proposed agency col- cretion of the Director based on agency requests ‘‘§ 3505. Assignment of tasks and deadlines lections of information; and shall serve under the chief statistician for ‘‘(a) In carrying out the functions under this ‘‘(2) coordinate the review of the collection of at least 6 months and not more than 1 year; and chapter, the Director shall— information associated with Federal procure- ‘‘(B) all costs of the training shall be paid by ‘‘(1) in consultation with agency heads, set an ment and acquisition by the Office of Informa- the agency requesting training. annual Governmentwide goal for the reduction tion and Regulatory Affairs with the Office of ‘‘(f) With respect to records management, the of information collection burdens by at least 10 Federal Procurement Policy, with particular em- Director shall— percent during each of fiscal years 1996 and 1997 April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4095 and 5 percent during each of fiscal years 1998, information collection burdens on the public. ‘‘(i) is inventoried, displays a control number 1999, 2000, and 2001, and set annual agency The senior official and employees of such office and, if appropriate, an expiration date; goals to— shall be selected with special attention to the ‘‘(ii) indicates the collection is in accordance ‘‘(A) reduce information collection burdens professional qualifications required to admin- with the clearance requirements of section 3507; imposed on the public that— ister the functions described under this chapter. and ‘‘(i) represent the maximum practicable oppor- ‘‘(4) Each agency program official shall be re- ‘‘(iii) informs the person receiving the collec- tunity in each agency; and sponsible and accountable for information re- tion of information of— ‘‘(ii) are consistent with improving agency sources assigned to and supporting the programs ‘‘(I) the reasons the information is being col- management of the process for the review of col- under such official. In consultation with the lected; lections of information established under section senior official designated under paragraph (2) ‘‘(II) the way such information is to be used; 3506(c); and and the agency Chief Financial Officer (or com- ‘‘(III) an estimate, to the extent practicable, of ‘‘(B) improve information resources manage- parable official), each agency program official the burden of the collection; ment in ways that increase the productivity, ef- shall define program information needs and de- ‘‘(IV) whether responses to the collection of ficiency and effectiveness of Federal programs, velop strategies, systems, and capabilities to information are voluntary, required to obtain a including service delivery to the public; meet those needs. benefit, or mandatory; and ‘‘(2) with selected agencies and non-Federal ‘‘(b) With respect to general information re- ‘‘(V) the fact that an agency may not conduct entities on a voluntary basis, conduct pilot sources management, each agency shall— or sponsor, and a person is not required to re- projects to test alternative policies, practices, ‘‘(1) manage information resources to— spond to, a collection of information unless it regulations, and procedures to fulfill the pur- ‘‘(A) reduce information collection burdens on displays a valid control number; and poses of this chapter, particularly with regard the public; ‘‘(C) assess the information collection burden to minimizing the Federal information collection ‘‘(B) increase program efficiency and effec- of proposed legislation affecting the agency; burden; and tiveness; and ‘‘(2)(A) except as provided under subpara- ‘‘(3) in consultation with the Administrator of ‘‘(C) improve the integrity, quality, and utility graph (B) or section 3507(j), provide 60-day no- General Services, the Director of the National of information to all users within and outside tice in the Federal Register, and otherwise con- Institute of Standards and Technology, the Ar- the agency, including capabilities for ensuring sult with members of the public and affected chivist of the United States, and the Director of dissemination of public information, public ac- agencies concerning each proposed collection of the Office of Personnel Management, develop cess to government information, and protections information, to solicit comment to— and maintain a Governmentwide strategic plan for privacy and security; ‘‘(i) evaluate whether the proposed collection for information resources management, that ‘‘(2) in accordance with guidance by the Di- of information is necessary for the proper per- shall include— rector, develop and maintain a strategic infor- formance of the functions of the agency, includ- ‘‘(A) a description of the objectives and the mation resources management plan that shall ing whether the information shall have prac- means by which the Federal Government shall describe how information resources management tical utility; activities help accomplish agency missions; apply information resources to improve agency ‘‘(ii) evaluate the accuracy of the agency’s es- ‘‘(3) develop and maintain an ongoing process and program performance; timate of the burden of the proposed collection to— ‘‘(B) plans for— of information; ‘‘(A) ensure that information resources man- ‘‘(i) reducing information burdens on the pub- ‘‘(iii) enhance the quality, utility, and clarity agement operations and decisions are integrated lic, including reducing such burdens through of the information to be collected; and with organizational planning, budget, financial the elimination of duplication and meeting ‘‘(iv) minimize the burden of the collection of management, human resources management, shared data needs with shared resources; information on those who are to respond, in- ‘‘(ii) enhancing public access to and dissemi- and program decisions; ‘‘(B) in cooperation with the agency Chief Fi- cluding through the use of automated collection nation of, information, using electronic and techniques or other forms of information tech- other formats; and nancial Officer (or comparable official), develop a full and accurate accounting of information nology; and ‘‘(iii) meeting the information technology ‘‘(B) for any proposed collection of informa- needs of the Federal Government in accordance technology expenditures, related expenses, and results; and tion contained in a proposed rule (to be re- with the purposes of this chapter; and viewed by the Director under section 3507(d)), ‘‘(C) a description of progress in applying in- ‘‘(C) establish goals for improving information resources management’s contribution to program provide notice and comment through the notice formation resources management to improve of proposed rulemaking for the proposed rule agency performance and the accomplishment of productivity, efficiency, and effectiveness, meth- ods for measuring progress towards those goals, and such notice shall have the same purposes missions. specified under subparagraph (A) (i) through ‘‘(b) For purposes of any pilot project con- and clear roles and responsibilities for achieving those goals; (iv); and ducted under subsection (a)(2), the Director ‘‘(3) certify (and provide a record supporting may, after consultation with the agency head, ‘‘(4) in consultation with the Director, the Ad- ministrator of General Services, and the Archi- such certification, including public comments waive the application of any administrative di- received by the agency) that each collection of rective issued by an agency with which the vist of the United States, maintain a current and complete inventory of the agency’s informa- information submitted to the Director for review project is conducted, including any directive re- under section 3507— quiring a collection of information, after giving tion resources, including directories necessary to fulfill the requirements of section 3511 of this ‘‘(A) is necessary for the proper performance timely notice to the public and the Congress re- of the functions of the agency, including that garding the need for such waiver. chapter; and ‘‘(5) in consultation with the Director and the the information has practical utility; ‘‘§ 3506. Federal agency responsibilities Director of the Office of Personnel Management, ‘‘(B) is not unnecessarily duplicative of infor- ‘‘(a)(1) The head of each agency shall be re- conduct formal training programs to educate mation otherwise reasonably accessible to the sponsible for— agency program and management officials about agency; ‘‘(A) carrying out the agency’s information re- information resources management. ‘‘(C) reduces to the extent practicable and ap- sources management activities to improve agen- ‘‘(c) With respect to the collection of informa- propriate the burden on persons who shall pro- cy productivity, efficiency, and effectiveness; tion and the control of paperwork, each agency vide information to or for the agency, including and shall— with respect to small entities, as defined under ‘‘(B) complying with the requirements of this ‘‘(1) establish a process within the office head- section 601(6) of title 5, the use of such tech- chapter and related policies established by the ed by the official designated under subsection niques as— Director. (a), that is sufficiently independent of program ‘‘(i) establishing differing compliance or re- ‘‘(2)(A) Except as provided under subpara- responsibility to evaluate fairly whether pro- porting requirements or timetables that take into graph (B), the head of each agency shall des- posed collections of information should be ap- account the resources available to those who are ignate a senior official who shall report directly proved under this chapter, to— to respond; to such agency head to carry out the respon- ‘‘(A) review each collection of information be- ‘‘(ii) the clarification, consolidation, or sim- sibilities of the agency under this chapter. fore submission to the Director for review under plification of compliance and reporting require- ‘‘(B) The Secretary of the Department of De- this chapter, including— ments; or fense and the Secretary of each military depart- ‘‘(i) an evaluation of the need for the collec- ‘‘(iii) an exemption from coverage of the col- ment may each designate senior officials who tion of information; lection of information, or any part thereof; shall report directly to such Secretary to carry ‘‘(ii) a functional description of the informa- ‘‘(D) is written using plain, coherent, and un- out the responsibilities of the department under tion to be collected; ambiguous terminology and is understandable to this chapter. If more than one official is des- ‘‘(iii) a plan for the collection of the informa- those who are to respond; ignated, the respective duties of the officials tion; ‘‘(E) is to be implemented in ways consistent shall be clearly delineated. ‘‘(iv) a specific, objectively supported estimate and compatible, to the maximum extent prac- ‘‘(3) The senior official designated under of burden; ticable, with the existing reporting and record- paragraph (2) shall head an office responsible ‘‘(v) a test of the collection of information keeping practices of those who are to respond; for ensuring agency compliance with and through a pilot program, if appropriate; and ‘‘(F) indicates for each recordkeeping require- prompt, efficient, and effective implementation ‘‘(vi) a plan for the efficient and effective ment the length of time persons are required to of the information policies and information re- management and use of the information to be maintain the records specified; sources management responsibilities established collected, including necessary resources; ‘‘(G) contains the statement required under under this chapter, including the reduction of ‘‘(B) ensure that each information collection— paragraph (1)(B)(iii); H 4096 CONGRESSIONAL RECORD — HOUSE April 3, 1995 ‘‘(H) has been developed by an office that has risk and magnitude of the harm resulting from ‘‘(A) the approval may be inferred; planned and allocated resources for the efficient the loss, misuse, or unauthorized access to or ‘‘(B) a control number shall be assigned with- and effective management and use of the infor- modification of information collected or main- out further delay; and mation to be collected, including the processing tained by or on behalf of an agency. ‘‘(C) the agency may collect the information of the information in a manner which shall en- ‘‘(h) With respect to Federal information tech- for not more than 1 year. hance, where appropriate, the utility of the in- nology, each agency shall— ‘‘(d)(1) For any proposed collection of infor- ‘‘(1) implement and enforce applicable Gov- formation to agencies and the public; mation contained in a proposed rule— ‘‘(I) uses effective and efficient statistical sur- ernmentwide and agency information tech- ‘‘(A) as soon as practicable, but no later than vey methodology appropriate to the purpose for nology management policies, principles, stand- the date of publication of a notice of proposed which the information is to be collected; and ards, and guidelines; rulemaking in the Federal Register, each agency ‘‘(J) to the maximum extent practicable, uses ‘‘(2) assume responsibility and accountability shall forward to the Director a copy of any pro- information technology to reduce burden and for information technology investments; posed rule which contains a collection of infor- improve data quality, agency efficiency and re- ‘‘(3) promote the use of information tech- mation and any information requested by the sponsiveness to the public. nology by the agency to improve the productiv- ‘‘(d) With respect to information dissemina- ity, efficiency, and effectiveness of agency pro- Director necessary to make the determination tion, each agency shall— grams, including the reduction of information required under this subsection; and ‘‘(1) ensure that the public has timely and eq- collection burdens on the public and improved ‘‘(B) within 60 days after the notice of pro- uitable access to the agency’s public informa- dissemination of public information; posed rulemaking is published in the Federal tion, including ensuring such access through— ‘‘(4) propose changes in legislation, regula- Register, the Director may file public comments ‘‘(A) encouraging a diversity of public and tions, and agency procedures to improve infor- pursuant to the standards set forth in section private sources for information based on govern- mation technology practices, including changes 3508 on the collection of information contained ment public information; that improve the ability of the agency to use in the proposed rule; ‘‘(B) in cases in which the agency provides technology to reduce burden; and ‘‘(2) When a final rule is published in the Fed- public information maintained in electronic for- ‘‘(5) assume responsibility for maximizing the eral Register, the agency shall explain— mat, providing timely and equitable access to value and assessing and managing the risks of ‘‘(A) how any collection of information con- the underlying data (in whole or in part); and major information systems initiatives through a tained in the final rule responds to the com- ‘‘(C) agency dissemination of public informa- process that is— ments, if any, filed by the Director or the public; tion in an efficient, effective, and economical ‘‘(A) integrated with budget, financial, and or manner; program management decisions; and ‘‘(B) the reasons such comments were rejected. ‘‘(2) regularly solicit and consider public ‘‘(B) used to select, control, and evaluate the ‘‘(3) If the Director has received notice and input on the agency’s information dissemination results of major information systems initiatives. failed to comment on an agency rule within 60 activities; ‘‘§ 3507. Public information collection activi- days after the notice of proposed rulemaking, ‘‘(3) provide adequate notice when initiating, ties; submission to Director; approval and the Director may not disapprove any collection substantially modifying, or terminating signifi- delegation of information specifically contained in an cant information dissemination products; and ‘‘(a) An agency shall not conduct or sponsor agency rule. ‘‘(4) not, except where specifically authorized the collection of information unless in advance ‘‘(4) No provision in this section shall be con- by statute— of the adoption or revision of the collection of strued to prevent the Director, in the Director’s ‘‘(A) establish an exclusive, restricted, or information— discretion— other distribution arrangement that interferes ‘‘(1) the agency has— ‘‘(A) from disapproving any collection of in- with timely and equitable availability of public ‘‘(A) conducted the review established under information to the public; formation which was not specifically required section 3506(c)(1); by an agency rule; ‘‘(B) restrict or regulate the use, resale, or ‘‘(B) evaluated the public comments received redissemination of public information by the ‘‘(B) from disapproving any collection of in- under section 3506(c)(2); formation contained in an agency rule, if the public; ‘‘(C) submitted to the Director the certification agency failed to comply with the requirements ‘‘(C) charge fees or royalties for resale or required under section 3506(c)(3), the proposed of paragraph (1) of this subsection; redissemination of public information; or collection of information, copies of pertinent ‘‘(D) establish user fees for public information statutory authority, regulations, and other re- ‘‘(C) from disapproving any collection of in- that exceed the cost of dissemination. lated materials as the Director may specify; and formation contained in a final agency rule, if ‘‘(e) With respect to statistical policy and co- ‘‘(D) published a notice in the Federal Reg- the Director finds within 60 days after the pub- ordination, each agency shall— ister— lication of the final rule that the agency’s re- ‘‘(1) ensure the relevance, accuracy, timeli- ‘‘(i) stating that the agency has made such sponse to the Director’s comments filed under ness, integrity, and objectivity of information submission; and paragraph (2) of this subsection was unreason- collected or created for statistical purposes; ‘‘(ii) setting forth— able; or ‘‘(2) inform respondents fully and accurately ‘‘(I) a title for the collection of information; ‘‘(D) from disapproving any collection of in- about the sponsors, purposes, and uses of statis- ‘‘(II) a summary of the collection of informa- formation contained in a final rule, if— tical surveys and studies; tion; ‘‘(i) the Director determines that the agency ‘‘(3) protect respondents’ privacy and ensure ‘‘(III) a brief description of the need for the has substantially modified in the final rule the that disclosure policies fully honor pledges of information and the proposed use of the infor- collection of information contained in the pro- confidentiality; mation; posed rule; and ‘‘(4) observe Federal standards and practices ‘‘(IV) a description of the likely respondents ‘‘(ii) the agency has not given the Director the for data collection, analysis, documentation, and proposed frequency of response to the col- information required under paragraph (1) with sharing, and dissemination of information; lection of information; respect to the modified collection of information, ‘‘(5) ensure the timely publication of the re- ‘‘(V) an estimate of the burden that shall re- at least 60 days before the issuance of the final sults of statistical surveys and studies, includ- sult from the collection of information; and rule. ing information about the quality and limita- ‘‘(VI) notice that comments may be submitted ‘‘(5) This subsection shall apply only when an tions of the surveys and studies; and to the agency and Director; agency publishes a notice of proposed rule- ‘‘(6) make data available to statistical agen- ‘‘(2) the Director has approved the proposed making and requests public comments. cies and readily accessible to the public. collection of information or approval has been ‘‘(6) The decision by the Director to approve ‘‘(f) With respect to records management, each inferred, under the provisions of this section; or not act upon a collection of information con- agency shall implement and enforce applicable and tained in an agency rule shall not be subject to policies and procedures, including requirements ‘‘(3) the agency has obtained from the Direc- judicial review. for archiving information maintained in elec- tor a control number to be displayed upon the tronic format, particularly in the planning, de- collection of information. ‘‘(e)(1) Any decision by the Director under sign and operation of information systems. ‘‘(b) The Director shall provide at least 30 subsection (c), (d), (h), or (j) to disapprove a col- ‘‘(g) With respect to privacy and security, days for public comment prior to making a deci- lection of information, or to instruct the agency each agency shall— sion under subsection (c), (d), or (h), except as to make substantive or material change to a col- ‘‘(1) implement and enforce applicable poli- provided under subsection (j). lection of information, shall be publicly avail- cies, procedures, standards, and guidelines on ‘‘(c)(1) For any proposed collection of infor- able and include an explanation of the reasons privacy, confidentiality, security, disclosure and mation not contained in a proposed rule, the Di- for such decision. sharing of information collected or maintained rector shall notify the agency involved of the ‘‘(2) Any written communication between the by or for the agency; decision to approve or disapprove the proposed Administrator of the Office of Information and ‘‘(2) assume responsibility and accountability collection of information. Regulatory Affairs, or any employee of the Of- for compliance with and coordinated manage- ‘‘(2) The Director shall provide the notifica- fice of Information and Regulatory Affairs, and ment of sections 552 and 552a of title 5, the Com- tion under paragraph (1), within 60 days after an agency or person not employed by the Fed- puter Security Act of 1987 (40 U.S.C. 759 note), receipt or publication of the notice under sub- eral Government concerning a proposed collec- and related information management laws; and section (a)(1)(D), whichever is later. tion of information shall be made available to ‘‘(3) consistent with the Computer Security ‘‘(3) If the Director does not notify the agency the public. Act of 1987 (40 U.S.C. 759 note), identify and af- of a denial or approval within the 60-day period ‘‘(3) This subsection shall not require the dis- ford security protections commensurate with the described under paragraph (2)— closure of— April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4097 ‘‘(A) any information which is protected at all general and with regard to any specific matter. ‘‘(2) The officers and employees of the agency times by procedures established for information In acting for the Director, any official to whom to which the information is released, in addi- which has been specifically authorized under approval authority has been delegated under tion, shall be subject to the same provisions of criteria established by an Executive order or an this section shall comply fully with the rules law, including penalties, relating to the unlaw- Act of Congress to be kept secret in the interest and regulations promulgated by the Director. ful disclosure of information as if the informa- of national defense or foreign policy; or ‘‘(j)(1) The agency head may request the Di- tion had been collected directly by that agency. rector to authorize a collection of information, if ‘‘(B) any communication relating to a collec- ‘‘§ 3511. Establishment and operation of Gov- an agency head determines that— tion of information which is not approved under ernment Information Locator Service this chapter, the disclosure of which could lead ‘‘(A) a collection of information— to retaliation or discrimination against the com- ‘‘(i) is needed prior to the expiration of time ‘‘(a) In order to assist agencies and the public municator. periods established under this chapter; and in locating information and to promote informa- ‘‘(f)(1) An independent regulatory agency ‘‘(ii) is essential to the mission of the agency; tion sharing and equitable access by the public, which is administered by 2 or more members of and the Director shall— ‘‘(B) the agency cannot reasonably comply a commission, board, or similar body, may by ‘‘(1) cause to be established and maintained a with the provisions of this chapter because— distributed agency-based electronic Government majority vote void— ‘‘(i) public harm is reasonably likely to result ‘‘(A) any disapproval by the Director, in Information Locator Service (hereafter in this if normal clearance procedures are followed; section referred to as the ‘Service’), which shall whole or in part, of a proposed collection of in- ‘‘(ii) an unanticipated event has occurred; or formation of that agency; or ‘‘(iii) the use of normal clearance procedures identify the major information systems, hold- ‘‘(B) an exercise of authority under subsection is reasonably likely to prevent or disrupt the ings, and dissemination products of each agen- (d) of section 3507 concerning that agency. collection of information or is reasonably likely cy; ‘‘(2) The agency shall certify each vote to void to cause a statutory or court ordered deadline to ‘‘(2) require each agency to establish and such disapproval or exercise to the Director, and be missed. maintain an agency information locator service explain the reasons for such vote. The Director ‘‘(2) The Director shall approve or disapprove as a component of, and to support the establish- shall without further delay assign a control any such authorization request within the time ment and operation of the Service; number to such collection of information, and requested by the agency head and, if approved, ‘‘(3) in cooperation with the Archivist of the such vote to void the disapproval or exercise shall assign the collection of information a con- United States, the Administrator of General shall be valid for a period of 3 years. trol number. Any collection of information con- Services, the Public Printer, and the Librarian ‘‘(g) The Director may not approve a collec- ducted under this subsection may be conducted of Congress, establish an interagency committee tion of information for a period in excess of 3 without compliance with the provisions of this to advise the Secretary of Commerce on the de- years. chapter for a maximum of 90 days after the date velopment of technical standards for the Service ‘‘(h)(1) If an agency decides to seek extension on which the Director received the request to to ensure compatibility, promote information of the Director’s approval granted for a cur- authorize such collection. sharing, and uniform access by the public; rently approved collection of information, the ‘‘§ 3508. Determination of necessity for infor- ‘‘(4) consider public access and other user agency shall— mation; hearing needs in the establishment and operation of the ‘‘(A) conduct the review established under ‘‘Before approving a proposed collection of in- Service; section 3506(c), including the seeking of com- formation, the Director shall determine whether ‘‘(5) ensure the security and integrity of the ment from the public on the continued need for, the collection of information by the agency is Service, including measures to ensure that only and burden imposed by the collection of infor- necessary for the proper performance of the information which is intended to be disclosed to mation; and functions of the agency, including whether the the public is disclosed through the Service; and ‘‘(B) after having made a reasonable effort to information shall have practical utility. Before ‘‘(6) periodically review the development and seek public comment, but no later than 60 days making a determination the Director may give effectiveness of the Service and make rec- before the expiration date of the control number the agency and other interested persons an op- ommendations for improvement, including other assigned by the Director for the currently ap- portunity to be heard or to submit statements in mechanisms for improving public access to Fed- proved collection of information, submit the col- writing. To the extent, if any, that the Director eral agency public information. lection of information for review and approval determines that the collection of information by ‘‘(b) This section shall not apply to oper- under this section, which shall include an ex- an agency is unnecessary for any reason, the ational files as defined by the Central Intel- planation of how the agency has used the infor- agency may not engage in the collection of in- ligence Agency Information Act (50 U.S.C. 431 et mation that it has collected. formation. seq.). ‘‘(2) If under the provisions of this section, the Director disapproves a collection of information ‘‘§ 3509. Designation of central collection ‘‘§ 3512. Public protection contained in an existing rule, or recommends or agency ‘‘(a) Notwithstanding any other provision of instructs the agency to make a substantive or ‘‘The Director may designate a central collec- law, no person shall be subject to any penalty material change to a collection of information tion agency to obtain information for two or for failing to comply with a collection of infor- contained in an existing rule, the Director more agencies if the Director determines that the mation that is subject to this chapter if— shall— needs of such agencies for information will be ‘‘(1) the collection of information does not dis- ‘‘(A) publish an explanation thereof in the adequately served by a single collection agency, play a valid control number assigned by the Di- Federal Register; and and such sharing of data is not inconsistent rector in accordance with this chapter; or ‘‘(B) instruct the agency to undertake a rule- with applicable law. In such cases the Director ‘‘(2) the agency fails to inform the person who making within a reasonable time limited to con- shall prescribe (with reference to the collection is to respond to the collection of information sideration of changes to the collection of infor- of information) the duties and functions of the that such person is not required to respond to mation contained in the rule and thereafter to collection agency so designated and of the agen- the collection of information unless it displays a submit the collection of information for approval cies for which it is to act as agent (including re- valid control number. or disapproval under this chapter. imbursement for costs). While the designation is ‘‘(b) The protection provided by this section ‘‘(3) An agency may not make a substantive or in effect, an agency covered by the designation may be raised in the form of a complete defense, material modification to a collection of informa- may not obtain for itself information for the bar, or otherwise at any time during the agency tion after such collection has been approved by agency which is the duty of the collection agen- administrative process or judicial action appli- the Director, unless the modification has been cy to obtain. The Director may modify the des- cable thereto. submitted to the Director for review and ap- ignation from time to time as circumstances re- proval under this chapter. quire. The authority to designate under this sec- ‘‘§ 3513. Director review of agency activities; ‘‘(i)(1) If the Director finds that a senior offi- tion is subject to the provisions of section 3507(f) reporting; agency response cial of an agency designated under section of this chapter. ‘‘(a) In consultation with the Administrator of 3506(a) is sufficiently independent of program ‘‘§ 3510. Cooperation of agencies in making in- General Services, the Archivist of the United responsibility to evaluate fairly whether pro- formation available States, the Director of the National Institute of posed collections of information should be ap- ‘‘(a) The Director may direct an agency to Standards and Technology, and the Director of proved and has sufficient resources to carry out make available to another agency, or an agency the Office of Personnel Management, the Direc- this responsibility effectively, the Director may, may make available to another agency, informa- tor shall periodically review selected agency in- by rule in accordance with the notice and com- tion obtained by a collection of information if formation resources management activities to as- ment provisions of chapter 5 of title 5, United the disclosure is not inconsistent with applicable certain the efficiency and effectiveness of such States Code, delegate to such official the au- law. activities to improve agency performance and thority to approve proposed collections of infor- ‘‘(b)(1) If information obtained by an agency the accomplishment of agency missions. mation in specific program areas, for specific is released by that agency to another agency, all ‘‘(b) Each agency having an activity reviewed purposes, or for all agency purposes. the provisions of law (including penalties) that under subsection (a) shall, within 60 days after ‘‘(2) A delegation by the Director under this relate to the unlawful disclosure of information receipt of a report on the review, provide a writ- section shall not preclude the Director from re- apply to the officers and employees of the agen- ten plan to the Director describing steps (includ- viewing individual collections of information if cy to which information is released to the same ing milestones) to— the Director determines that circumstances war- extent and in the same manner as the provisions ‘‘(1) be taken to address information resources rant such a review. The Director shall retain apply to the officers and employees of the agen- management problems identified in the report; authority to revoke such delegations, both in cy which originally obtained the information. and H 4098 CONGRESSIONAL RECORD — HOUSE April 3, 1995 ‘‘(2) improve agency performance and the ac- tions, and procedures for Federal information ‘‘(i) has assets of less than $50,000,000; complishment of agency missions. resources management activities is subject to the ‘‘(ii) completed participation in a prior survey ‘‘§ 3514. Responsiveness to Congress authority of the Director under this chapter. in the preceding 10-year period, as determined ‘‘(b) Nothing in this chapter shall be deemed ‘‘(a)(1) The Director shall— by the Secretary; and ‘‘(A) keep the Congress and congressional to affect or reduce the authority of the Sec- ‘‘(iii) was selected for that prior survey par- committees fully and currently informed of the retary of Commerce or the Director of the Office ticipation after September 30, 1990; or major activities under this chapter; and of Management and Budget pursuant to Reor- ‘‘(B) the organization or entity— ‘‘(B) submit a report on such activities to the ganization Plan No. 1 of 1977 (as amended) and ‘‘(i) has assets of more than $50,000,000 and President of the Senate and the Speaker of the Executive order, relating to telecommunications less than $100,000,000; House of Representatives annually and at such and information policy, procurement and man- ‘‘(ii) completed participation in a prior survey other times as the Director determines nec- agement of telecommunications and information in the preceding 2-year period, as determined by essary. systems, spectrum use, and related matters. the Secretary; and ‘‘(2) The Director shall include in any such ‘‘(c)(1) Except as provided in paragraph (2), ‘‘(iii) was selected for that prior survey par- report a description of the extent to which agen- this chapter shall not apply to the collection of ticipation after September 30, 1995. information— cies have— ‘‘(2)(A) The Secretary shall furnish advice ‘‘(A) during the conduct of a Federal criminal ‘‘(A) reduced information collection burdens and similar assistance to ease the burden of a investigation or prosecution, or during the dis- on the public, including— small business concern which is attempting to position of a particular criminal matter; ‘‘(i) a summary of accomplishments and compile and furnish the business information re- planned initiatives to reduce collection of infor- ‘‘(B) during the conduct of— ‘‘(i) a civil action to which the United States quired of organizations and entities participat- mation burdens; ing in the survey. ‘‘(ii) a list of all violations of this chapter and or any official or agency thereof is a party; or ‘‘(ii) an administrative action or investigation ‘‘(B) To facilitate the provision of the assist- of any rules, guidelines, policies, and procedures ance under subparagraph (A), the Secretary issued pursuant to this chapter; involving an agency against specific individuals or entities; shall establish a toll-free telephone number. ‘‘(iii) a list of any increase in the collection of ‘‘(C) The Secretary shall expand the use of information burden, including the authority for ‘‘(C) by compulsory process pursuant to the Antitrust Civil Process Act and section 13 of the statistical sampling techniques to select organi- each such collection; and zations and entities having assets less than ‘‘(iv) a list of agencies that in the preceding Federal Trade Commission Improvements Act of $100,000,000 to participate in the survey. year did not reduce information collection bur- 1980; or ‘‘(3) The Secretary may undertake such addi- dens in accordance with section 3505(a)(1), a list ‘‘(D) during the conduct of intelligence activi- tional paperwork burden reduction initiatives of the programs and statutory responsibilities of ties as defined in section 3.4(e) of Executive with respect to the conduct of the survey as may those agencies that precluded that reduction, Order No. 12333, issued December 4, 1981, or suc- be deemed appropriate by the Secretary. and recommendations to assist those agencies to cessor orders, or during the conduct of reduce information collection burdens in accord- cryptologic activities that are communications ‘‘(4) For purposes of this subsection: ance with that section; security activities. ‘‘(A) The term ‘small business concern’ means ‘‘(B) improved the quality and utility of sta- ‘‘(2) This chapter applies to the collection of a business concern that meets the requirements tistical information; information during the conduct of general in- of section 3(a) of the Small Business Act and the ‘‘(C) improved public access to Government in- vestigations (other than information collected in regulations promulgated pursuant thereto. formation; and an antitrust investigation to the extent provided ‘‘(B) The term ‘survey’ means the collection of ‘‘(D) improved program performance and the in subparagraph (C) of paragraph (1)) under- information by the Secretary pursuant to this accomplishment of agency missions through in- taken with reference to a category of individ- section for the purpose of preparing the publica- formation resources management. uals or entities such as a class of licensees or an tion entitled ‘Quarterly Financial Report for ‘‘(b) The preparation of any report required entire industry. Manufacturing, Mining, and Trade Corpora- by this section shall be based on performance re- ‘‘(d) Nothing in this chapter shall be inter- tions’.’’. sults reported by the agencies and shall not in- preted as increasing or decreasing the authority SEC. 4. EFFECTIVE DATE. conferred by Public Law 89–306 on the Adminis- crease the collection of information burden on (a) IN GENERAL.—Except as otherwise pro- trator of the General Services Administration, persons outside the Federal Government. vided in this section, this Act and the amend- the Secretary of Commerce, or the Director of ‘‘§ 3515. Administrative powers ments made by this Act shall take effect on Oc- the Office of Management and Budget. tober 1, 1995. ‘‘Upon the request of the Director, each agen- ‘‘(e) Nothing in this chapter shall be inter- (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- cy (other than an independent regulatory agen- preted as increasing or decreasing the authority tion 3520 of title 44, United States Code, as cy) shall, to the extent practicable, make its of the President, the Office of Management and amended by this Act, shall take effect on the services, personnel, and facilities available to Budget or the Director thereof, under the laws date of enactment of this Act. the Director for the performance of functions of the United States, with respect to the sub- under this chapter. stantive policies and programs of departments, (c) DELAYED APPLICATION.—In the case of a ‘‘§ 3516. Rules and regulations agencies and offices, including the substantive collection of information for which there is in effect on September 30, 1995, a control number ‘‘The Director shall promulgate rules, regula- authority of any Federal agency to enforce the issued by the Office of Management and Budget tions, or procedures necessary to exercise the civil rights laws. under chapter 35 of title 44, United States authority provided by this chapter. ‘‘§ 3519. Access to information Code— ‘‘§ 3517. Consultation with other agencies and ‘‘Under the conditions and procedures pre- (1) the amendments made by this Act shall the public scribed in section 716 of title 31, the Director and apply to the collection of information beginning ‘‘(a) In developing information resources man- personnel in the Office of Information and Reg- on the earlier of— agement policies, plans, rules, regulations, pro- ulatory Affairs shall furnish such information (A) the first renewal or modification of that cedures, and guidelines and in reviewing collec- as the Comptroller General may require for the collection of information after September 30, tions of information, the Director shall provide discharge of the responsibilities of the Comptrol- 1995; or interested agencies and persons early and mean- ler General. For the purpose of obtaining such (B) the expiration of its control number after ingful opportunity to comment. information, the Comptroller General or rep- September 30, 1995. ‘‘(b) Any person may request the Director to resentatives thereof shall have access to all (2) prior to such renewal, modification, or ex- review any collection of information conducted books, documents, papers and records, regard- piration, the collection of information shall be by or for an agency to determine, if, under this less of form or format, of the Office. subject to chapter 35 of title 44, United States chapter, a person shall maintain, provide, or ‘‘§ 3520. Authorization of appropriations Code, as in effect on September 30, 1995. disclose the information to or for the agency. ‘‘There are authorized to be appropriated to And the House agree to the same. Unless the request is frivolous, the Director the Office of Information and Regulatory Af- BILL CLINGER, shall, in coordination with the agency respon- fairs to carry out the provisions of this chapter, JOHN M. MCHUGH, sible for the collection of information— and for no other purpose, $8,000,000 for each of ‘‘(1) respond to the request within 60 days DAVID MCINTOSH, the fiscal years 1996, 1997, 1998, 1999, 2000, and after receiving the request, unless such period is JON FOX, 2001.’’. extended by the Director to a specified date and CARDISS COLLINS, the person making the request is given notice of SEC. 3. BURDEN REDUCTION REGARDING QUAR- COLLIN C. PETERSON, TERLY FINANCIAL REPORT PRO- BOB WISE, such extension; and GRAM AT BUREAU OF THE CENSUS. ‘‘(2) take appropriate remedial action, if nec- Managers on the Part of the House. Section 91 of title 13, United States Code, is essary. amended by adding at the end the following WILLIAM V. ROTH, Jr., ‘‘§ 3518. Effect on existing laws and regula- new subsection: BILL COHEN, tions ‘‘(d)(1) The Secretary shall not select an orga- THAD COCHRAN, ‘‘(a) Except as otherwise provided in this nization or entity for participation in a survey, JOHN GLENN, chapter, the authority of an agency under any if— SAM NUNN, other law to prescribe policies, rules, regula- ‘‘(A) the organization or entity— Managers on the Part of the Senate. April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4099 JOINT EXPLANATORY STATEMENT OF both bills, a recodification of chapter 35 of see security policies, principles, or guide- THE COMMITTEE OF THE CONFERENCE title 44, United States Code, the conferees lines applicable to information resident in The managers on the part of the House and adopt and reiterate the positions expressed information technology subject to the ‘‘War- the Senate at the conference on the disagree- by those reports. Amendments to current ner Amendment’’ exemption. Similarly, the ing votes of the two Houses on the amend- law effected by this conference agreement amendments made by this definition change ment of the House to the bill (S. 244) to fur- are done for the purposes subsequently de- are not intended to impair OMB’s budgetary ther the goals of the Paperwork Reduction scribed in this Joint Explanatory Statement. oversight of such information technology or Act to have Federal agencies become more 2. Definition of ‘‘collection of informa- its other existing authorities. responsible and publicly accountable for re- tion’’. With regard to the modifications being ducing the burden of Federal paperwork on The Senate bill contained a modified defi- made to section 3504(f)(3) of existing law, the the public, and for other purposes submit the nition of ‘‘collection of information’’, which conferees intend that revised section following joint statement to the House and including adding a cross-reference to 35 3504(g)(2) continue to be implemented con- the Senate in explanation of the effect of the U.S.C. 3518(c)(2) relating to the exclusion of sistent with the provisions of the Computer action agreed upon by the managers and rec- certain types of collections of information Security Act of 1987 (40 U.S.C. 759), which as- ommended in the accompanying conference from coverage under chapter 35 of Title 44. signs to the National Institute of Standards report: The House amendment struck all of The House amendment contained no simi- and Technology responsibility for developing the Senate bill after the enacting clause and lar modification to existing law. technical, management, physical, and ad- inserted a substitute text. The House recedes. ministrative policies, principles, standards, The conferees expressly note that the addi- The Senate recedes from its disagreement and guidelines for the cost-effective security tion of the cross-reference to 35 U.S.C. to the amendment of the House with an and privacy of sensitive information in Fed- 3518(c)(2) within the definition of the term amendment that is a substitute for the Sen- eral computer systems subject to that act. ‘‘collection of information’’ is not intended ate bill and the House amendment. The dif- 5. Definition of ‘‘recordkeeping require- to reflect any substantive change to existing ferences between the Senate bill, the House ment’’. law or to serve as a justification for any amendment, and the substitute agreed to in The Senate bill contained a modified defi- change by Federal agencies in the use of the conference are noted below, except for cleri- nition designed to make explicit the Act’s authority granted by section 3518(c)(2). cal corrections, conforming changes made coverage of so-called third-party record- necessary by agreements reached by the con- 3. Definition of ‘‘information system’’. The Senate bill contained an expanded def- keeping requirements to correct the ambigu- ferees, and minor and clerical changes. ity that lead to the adverse 1990 Supreme Short title (sec. 1) inition of ‘‘information system’’. The House amendment added the phrase Court decision in Dole v. United Steelworkers The Senate bill contained a provision (sec- ‘‘and processes, automated or manual’’. of America. tion 101) that would establish the short title The House recedes. The House amendment contained addi- of the title I of the Senate bill as the ‘‘Paper- 4. Definition of ‘‘information technology’’. tional detail in this regard. work Reduction Act of 1995’’. The Senate bill contained a new definition The Senate recedes with a clarifying The House amendment (section 1) con- of ‘‘information technology’’ (44 U.S.C. amendment. tained a provision that would establish the 3502(9). 6. Office of Information and Regulatory Af- short title of the act as the ‘‘Paperwork Re- The House amendment contained a similar fairs—Qualifications of Administrator and duction Act of 1995’’. definition that did not contain some of the Employees. The conferees agree that the short title of cross-references. The Senate bill added a new subsection (c) the act should be the ‘‘Paperwork Reduction The House recedes. to section 3503 regarding the professional Act of 1995’’. The conferees note that the definition of qualifications of the Administrator of the Of- Coordination of Federal information policy (sec. ‘‘information technology’’ contained in sec- fice of Information and Regulatory Affairs 2) tion 3502(9) is intended to preserve the ex- (OIRA) and the employees of that office. The Senate bill contained a provision (sec. emption for intelligence and military infor- The House amendment contained no simi- 102) that would provide a complete text of mation technology that is found in current lar provision. chapter 35 of title 44, United States Code, the law, specifically the definition of ‘‘automatic The Senate recedes. codified version of the Paperwork Reduction data processing’’, Section 3502(2). For the The conferees note that the purpose of this Act of 1980, as previously amended. purpose of mere statutory simplification, the provision was to assure that adequate atten- The House amendment contained a similar current exemption was incorporated by a tion was given to the full range of respon- provision (sec. 2). simple reference to the so-called ‘‘Warner sibilities assigned to OIRA and its Adminis- The conference agreement reflects the fol- Amendment’’ to the Brooks Automatic Data trator by the Paperwork Reduction Act of lowing differences between the text of the Processing Act, Section 111(a)(3)(C) (i) 1980, as amended. Such considerations are Paperwork Reduction Act as contained in through (v) of the Federal Property and Ad- appropriate in the Presidential selection of a the Senate bill and the text contained in the ministrative Services Act of 1947 (40 U.S.C. nominee for OIRA Administrator and in the House amendment. 759(a)(3)(C)(i)–(v)). As under current section Senate’s consideration of that nominee, 1. Prior Legislative History Expressly Pre- 3502(2), the exemption applies to information while recognizing the practical realities of served. technology, the function, operation, or use of requiring that a ‘‘qualified’’ candidate have Section 2 of the Paperwork Reduction Act which involves activities specified in the substantial capabilities over the very broad of 1995 is drafted in the form of a complete ‘‘Warner Amendment’’, namely: intelligence range of responsibilities assigned to OIRA by recodification of chapter 35 of title 44, United activities; cryptologic activities related to the Act. Such practical considerations States Code, due to the number of changes national security; the direct command and should also apply to the Administrator’s se- made. The modifications include word control of military forces; equipment which lection of OIRA employees as well as the changes made for reasons of clarity and con- is an integral part of a weapon or weapons utility of having more narrowly focused sistency, the deletion of obsolete provisions, system; or information technology that is ‘‘subject matter specialists’’ available on the the reorganization of sections, and sub- critical to the direct fulfillment of military OIRA staff. stantive amendments made to update and or intelligence missions (but excludes infor- 7. Authority and functions of the Direc- strengthen the original purposes of the Pa- mation technology used for routine adminis- tor—Burden reduction as an objective of in- perwork Reduction Act of 1980. As stated in trative and business applications, such as formation resources management. report accompanying the S. 244 (S. Rpt. 104– payroll, finance, logistics, and personnel The Senate bill contained a substantial 8): management). modification to section 3504(a)(1) regarding ‘‘To the extent the legislation is a restate- In this regard, the conferees note that the responsibilities of the OMB Director to ment of the 1980 Act, as amended in 1988, the OMB has not interpreted the authority oversee the Government’s information re- scope, underlying purposes, basic require- granted by section 3504(f)(1) of the existing sources with the objective of improving the ments, and legislative history of the law are Paperwork Reduction Act to oversee the effectiveness of Federal agency operations. unchanged. To the extent the legislation management of either classified or unclassi- The House amendment contained no simi- modifies provisions in current law, the fied information which would typically be lar provision. amendments are made strictly for the pur- resident in information technology that it- The House recedes with an amendment poses described in this report, and in order to self is not subject to OMB’s oversight under that adds to the Senate provision the con- further the purposes of the original law.’’ (S. the Act (e.g., an information system which is cept that information resources management Rpt. 104–4 at page 3) an integral part of a weapons system). Given is also a substantial tool to minimize the The report accompanying H.R. 830, H. Rpt. the express intent to preserve existing law burdens which the Government imposes on 104–37, expressed essentially the same views regarding the exclusion of information tech- the public. regarding the preservation of the Act’s legis- nology covered by the so-called ‘‘Warner 8. Authority and functions of the Direc- lative history. (See, H. Rpt. 104–37 at page Amendment’’ to the Brooks Automatic Data tor—Approval of proposed collections of in- 35). Processing Act, the conferees would note formation. With respect to the views expressed in the that the changes made by this Act do not The Senate bill contained a modification reports accompanying S. 244 and H.R. 830 re- grant any new authority or diminish any ex- to section 3504(a)(1)(B) relating to the au- garding the effect of the adopted format of isting authority for OMB to develop or over- thority of the OMB Director to review and H 4100 CONGRESSIONAL RECORD — HOUSE April 3, 1995 approve (or disapprove) a collection of infor- specific size standards for various types of require that the respective duties of each mation being proposed by an agency. business concerns in consonance with the such ‘‘senior official’’ be clearly delineated if The House amendment includes a similar system of standard industrial classification either the Secretary of Defense or a Service provision which retains the explicit ref- (SIC) codes, used to categorize business ac- Secretary should choose to designate more erence to ‘‘review and approval’’ existing in tivity. Size standards are generally estab- than one such ‘‘senior official’’. Under cur- current law. lished by number of employees for firms en- rent law, only the Secretary of a Military The Senate recedes. gaged in manufacturing. Size standards for Department has a statutory obligation to de- The conferees reiterate the existing inter- firms providing services are established on lineate the respective duties of multiple pretation of the authority granted to the the basis of annual gross receipts averaged ‘‘senior officials’’ designated by such officer. OMB Director under section 3504(a)(1)(B): over a three-year period. The House amendment uses the terminol- that the power to ‘‘approve’’ a proposed Statutorily-established small business size ogy of ‘‘a senior official’’, under the legisla- agency paperwork requirement is the power standards have generally been avoided by the tive drafting convention that the singular to disapprove such a proposed collection. Congress because of their rigidity. If en- provides for the plural, unless expressly pro- This has been the consistent interpretation acted, such a statutory size standard has hibited. The House amendment preserved the of this provision since the enactment of the generally been used to establish with cer- statutory anomaly exempting the Secretary 1980 Act. tainty a ‘‘small business’’ exception to the 9. Authority and functions of the Direc- statute’s general applicability or a threshold of Defense from the requirement to delineate tor—Standard of Review for Proposed Agen- for a phased-in application. the respective duties of multiple ‘‘senior offi- cy Collections of Information. 12. Assignment of tasks and deadlines— cials’’ within the Office of the Secretary of The Senate bill amended section 3504(c)(1) Government-wide paperwork burden reduc- Defense, (although three such ‘‘senior offi- regarding the OMB Director’s authority to tion goals. cials’’ are currently designated and their re- review and approve a proposed agency collec- The Senate bill amends section 3505(a) to spective duties are delineated). tions of information, seeking to cross-ref- provide for a 5 percent Government-wide The House recedes. erence, and paraphrase, section 3508 which goal for the reduction of paperwork burdens 15. Federal agency responsibilities—Cross- sets forth the Act’s fundamental standard imposed by the Government on the public. reference to ‘‘Fast Track’’ Procedures under for the review of such a proposed collection The House amendment contains a 10 per- Section 3507(j). of information by both the proposing agency cent Government-wide paperwork burden re- The House amendment to section and the OMB Director. duction goal. 3506(c)(2)(A) qualifies the general require- The House amendment included a direct The Senate recedes with an amendment. ment to provide a 60-day period for public statement of the OMB Director’s authority The conference agreement provides for a 10 comment on a proposed collection of infor- to review and approve proposed agency col- percent goal for each of the fiscal years 1996 mation with the phrase ‘‘except for good lections of information. and 1997 and a 5 percent goal for each of the cause’’ to provide broad authority to the The Senate recedes. fiscal years 1998 through 2001. OMB Director to waive the public participa- 10. Authority and functions of Director— The conferees note that the Government- tion requirement when necessary. Coordination with Office of Federal Procure- wide paperwork reduction goal is calculated The Senate bill amends section 3507(j), ment Policy regarding payment. on the basis of a ‘‘baseline’’ which is the ag- which authorizes the so-called ‘‘Fast Track’’ The Senate bill contains a modification to gregate paperwork burden imposed during review procedures (that is, the very expe- section 3504(c)(2) relating to establishing a the prior fiscal year. The conferees also note dited review of a proposed collection of infor- formal coordination between OIRA and the that individual agency goals negotiated with mation without any opportunity for public Office of Federal Procurement Policy OIRA may differ depending on the agency’s comment prior to approval), to obtain the (OFPP) regarding minimizing paperwork potential to reduce the paperwork burden same statutory objective sought by the burdens associated with the Federal procure- such agency imposes on the public. Goals ne- House amendment. ment process. gotiated with some agencies may substan- The House recedes with an amendment. The House amendment contained a similar tially exceed the Government-wide goal, The conference agreement provides for add- provision, but specifically identified the bur- while those negotiated with other agencies ing to section 3506(c)(2)(A) a cross-reference dens associated with the payment of contrac- may be substantially less. to the ‘‘Fast Track’’ authority provided in tors for work performed. 13. Assignment of tasks and deadlines— section 3507(j). The Senate recedes. Pilot projects to test alternative practices to 16. Federal agency responsibilities—Record The conferees note that the Prompt Pay- minimize paperwork burdens. retention period to be specified for any rec- ment Act Amendments of 1988 specifically The Senate bill amends Section 3505 to pro- ordkeeping requirement. encourage the use of electronic fund trans- vide statutory authority for the OMB Direc- The House amendment adds a provision to fers for the payment of contractors. More re- tor to establish voluntary pilot programs to Section 3506(c)(3) which would require that cently, the Federal Acquisition Streamlining test alternative policies, practices, regula- any recordkeeping requirement specify the Act of 1994 (FASA) continues this emphasis tions and procedures to minimize the infor- on increasing the use of electronic fund mation collection burden imposed on par- length of time such records must be main- transfers by designating electronic payment ticular segments of the public. tained. of contractors as one of the benchmarks for The House amendment included a new sub- The Senate bill does not contain a similar determining the full capability of FACNET. section (b) to Section 3505, which specifically provision. Finally, the conferees note that simplified authorized the OMB Director to waive the The Senate recedes. procedures for solicitation and award of con- application of any regulation or administra- 17. Federal agency responsibilities—Spe- tracts below the Simplified Acquisition tive directive needed to undertake a burden cial small business size standard for Paper- Threshold (SAT), $100,000, being proposed as reduction pilot project. Notice of such waiv- work Reduction Act. amendments to the Government-wide Fed- er was required to the public and the Con- The House amendment adds a provision to eral Acquisition Regulation (FAR), should gress. Section 3506(c) relating to agency respon- include authority for equally expedited con- The Senate recedes with an amendment. sibilities regarding minimizing paperwork tract payment procedures for work per- The conference agreement does not provide burdens imposed on the public by requiring formed. any authority for the OMB Director to uni- that a special emphasis be placed on mini- 11. Authority and functions of Director— laterally waive any regulation in support of mizing the burden on small businesses with Special small business size standard for Pa- a burden reduction pilot project. If a regula- 50 or fewer employees. New Section 3506(c)(4) perwork Reduction Act. tion must be waived in support of such a was added as a floor amendment to the re- The House amendment modified the OMB’s pilot project, such regulatory waiver must ported House bill, H.R. 830. Director’s responsibilities under section be: (1) permissible under the statutory au- The Senate bill contains no similar provi- 3504(c) by adding a new paragraph (6) which thority underpinning the regulation; and (2) sion. placed a special emphasis on minimizing the implementation through a formal regulatory The House recedes. burden on small businesses with 50 or fewer change, meeting the same Administrative The conferees note that section 3 of the employees. New section 3504(c)(6) was added Procedure Act standards as used to promul- Small Business Act provides Government- as a floor amendment to the reported House gate the regulation proposed for waiver. wide authority for the Small Business Ad- bill, H.R. 830. 14. Federal agency responsibilities—DOD ministration (SBA) to establish by regula- The Senate bill contains no similar provi- and Military departments authorized to des- tion numerical size standards under which a sion. ignate multiple ‘‘senior officials’’. business concern will be recognized as a The House recedes. The Senate bill preserves existing law in ‘‘small business concern.’’ SBA has estab- The conferees note that the section 3 of the section 3506(a)(2)(B) which permits the Sec- lished specific size standards for various Small Business Act provides Government- retary of Defense and the Secretary of a types of business concerns in consonance wide authority for the Small Business Ad- Military Department to designate multiple with the system of standard industrial clas- ministration (SBA) to establish by regula- ‘‘senior officials’’ responsible for the Act’s sification (SIC) codes, used to categorize tion numerical size standards under which a implementation within the Office of the Sec- business activity. Size standards are gen- business concern will be recognized as a retary of Defense or that Military Depart- erally established by number of employees small business concern. SBA has established ment. The Senate bill amends existing law to for firms engaged in manufacturing. Size April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4101 standards for firms providing services are es- The Senate bill amends section 3507(j) of so-called ‘‘Fast Track’’ review process, under tablished on the basis of annual gross re- existing law to provide additional flexibility a proposed collection of information can be ceipts averaged over a three year period. in the so-called ‘‘Fast Track’’ review process, reviewed on an very expedited schedule with- Statutorily-established small business size under which a proposed collection of infor- out any opportunity for public notice or standards have generally been avoided by the mation can be reviewed on a very expedited comment prior to approval by the OMB Di- Congress because of their rigidity. If en- schedule without any opportunity for public rector. acted, such a statutory size standard has notice or comment prior to approval by the The House amendment reflects existing generally been used to establish with cer- OMB Director. law. tainty a ‘‘small business’’ exception to a The House amendment sought to provide The House recedes. statute’s general applicability or to define a the same additional flexibility by amending The conferees note that no instance has threshold for a phased-in application. section 3507(b) to include any additional been identified in the 15 years of experience 18. Federal agency responsibilities—Infor- waiver of the normal review process ‘‘for under the Act in which its ‘‘Fast Track’’ re- mation dissemination standards. good cause’’. view procedures have not been made avail- The Senate bill adds a new Section 3506(d) The House recedes. able to an agency under the current version which establishes information dissemination 23. Public information collection activi- of section 3507(j), or the proposed collection standards for the various Federal agencies. ties; submission to Director; approval and of information has not been cleared on an The House amendment contains essentially delegation—Duration of ‘‘Default’’ Approval. schedule that completely accommodated the similar provisions, except that the House The Senate bill requires the assignment of agency’s exigent circumstances. a valid control number permitting an agency provision requires that: (a) the public have 28. Determination of necessity for informa- to use a collection of information for a pe- ‘‘equal’’ as well as ‘‘timely’’ and ‘‘equitable’’ tion; hearing. riod of not more than two years, if the OMB access to the information collected by the The Senate bill modifies section 3508 of the Director fails to take action regarding a pro- agency; and (b) access be made available to Act, which establishes the fundamental posed collection of information (not con- the ‘‘underlying data’’, if an agency provides tained in a rule) within a specified 60-day pe- standard used by the Director in determining information to the public in an electronic riod. whether to approve a collection of informa- format. The House amendment contained an iden- tion being proposed by an agency. The Senate recedes with an amendment. tical provision, except that the control num- The House amendment reflects existing The conference agreement adopts the provi- ber remained valid for not more than one law. sion of the House amendment assuring public year. The Senate recedes. access to ‘‘underlying data’’ if a agency The Senate recedes. 29. Establishment and operation of Govern- chooses to furnish information in an elec- 24. Public information collection activi- ment Information Locator Service—Specific tronic format. ties; submission to Director; approval and exclusion for CIA ‘‘operational files’’. The conferees concluded that the word delegation—Standard for disapproval of a The Senate bill includes a provision which ‘‘equal’’ was unnecessary in the agreed-upon collection of information contained in a final provides for the establishment and operation text of section 3506(d)(1), given that the stat- agency rule. of the Government Information Locator utory obligation for an agency ensure that The House amendment to new section Service (GILS). The Senate provisions in- the public has ‘‘timely’’ and ‘‘equitable’’ ac- 3507(d), which specifies procedures for the re- cludes an explicit exclusion from GILS for cess to information in the possession of the view of a proposed collection of information ‘‘operational files’’ as defined in the Central agency includes the obligation to make such contained in a proposed rule, includes a Intelligence Agency Information Act. information available on a non-discrimina- modification to section 3507(d)(4)(C), to make The House amendment contains an iden- tory and non-exclusive basis to any public or more explicit the standard of review to be tical provision regarding GILS, but does not private entity for any lawful purpose. This used by the OMB Director. include the specific exclusion for the CIA’s obligation is sufficient to prevent agencies The Senate bill makes use of the language ‘‘operational files’’. from discriminating against or otherwise found in existing law. The House recedes. disadvantaging any class of users, particu- The House recedes. 30. Public Protection. larly commercial users. 25. Public information collection activi- The Senate bill contains a provision which 19. Federal agency responsibilities—Notice ties; submission to Director; approval and changes the Act’s current ‘‘public protec- of Changes Regarding Information Dissemi- delegation—Disclosure of written commu- tion’’ provision by requiring a collection of nation Products. nications. information subject to the Act display a no- The House amendment adding a new sec- The Senate bill expands the Act’s current tice that a person is not required to respond tion 3506(d), which establishes information requirement to disclose any written commu- to the collection of information unless it dis- dissemination standards for Federal agen- nication regarding a proposed collection of plays a control number which is valid. cies, includes a provision requiring an agen- information between a person not employed The House amendment contains a provi- cy to provide adequate public notice when by the Federal Government and the OIRA sion which clarifies and strengthens the initiating, substantially modifying, or ter- Administrator or any OIRA employee to in- Act’s current ‘‘public protection’’ provision minating a significant information dissemi- clude the ‘‘Office of the Director’’ of OMB. by enabling a person to assert this protec- nation project. The House amendment maintains current tion at any time during an agency adminis- The Senate bill does not contain a similar law. trative process or any subsequent judicial re- provision. The Senate recedes. view of an agency action involving a penalty. The Senate recedes. 26. Public information collection activi- The Senate recedes with an amendment. 20. Federal agency responsibilities—User ties; submission to Director; approval and The conference agreement clarifies and Fees. delegation—‘‘Whistleblower’’ Protection. strengthens the Act’s ‘‘public protection’’ The House amendment adding a new sec- The Senate bill includes a new provision at provision by explicitly providing that the tion 3506(d), which establishes information section 3507(e)(3)(B), which provides anonym- protection provided by the section may be dissemination standards for Federal agen- ity to a communication received by OIRA asserted or raised by a person in the form of cies, includes a provision specifying proce- from a private sector ‘‘whistleblower’’, re- a complete defense, bar or other manner, at dures under which an agency head can peti- garding an unapproved (or so-called ‘‘boot- any time during a agency administrative tion the OMB Director to authorize user fees leg’’) collection of information. process or any subsequent judicial review. in excess of the cost of dissemination, the The House amendment contained a whis- The protection provided by the section ap- general rule established by section tleblower protection provision that was not plies if the agency fails to display a valid 3506(d)(4)(D). restricted to ‘‘bootleg’’ collections of infor- control number, or inform the person that The Senate bill does not contain a similar mation. they are not required to respond to a collec- provision. The House recedes with an amendment. tion of information unless it displays a valid The House recedes. The conference agreement provides the control number. 21. Federal agency responsibilities—Infor- ‘‘whistleblower’’ protection to a communica- For collections of information contained in mation Technology Management. tion regarding a collection of information a rule, agencies must provide the required The Senate bill requires that each Federal that does not display a control number that information in a manner reasonably cal- agency take certain actions to ‘‘ensure’’ re- is currently in effect. Thus, the provision culated to inform the public. Notice may be sponsibility for effective management of its now provides protection regarding commu- provided in the preamble to a final rule con- information technology resources. nications relating collections of information taining the collection of information, or in a The House amendment requires each Fed- that were never approved as well as those for general notice in the volume of the Code of eral agency to ‘‘assume’’ responsibility for which an approval has expired. Federal Regulation in which the agency’s an identical set of management actions. 27. Public Information collection activi- regulations appear. The Senate recedes. ties; submission to Director; approval and The conference agreement also provides for 22. Public Information collection activi- delegation—Improved ‘‘Fast Track’’ Proce- the inclusion of a definition of ‘‘penalty’’, a ties; submission to Director; approval and dures. term used in section 3512. The new statutory delegation—Unspecified ‘‘Fast Track’’ Alter- The Senate bill amends 3507(j) of existing definition of ‘‘penalty’’ is substantially iden- native. law to provide additional flexibility in the tical to the definition of ‘‘penalty’’ found in H 4102 CONGRESSIONAL RECORD — HOUSE April 3, 1995 the Act’s implementing regulation, at 5 nancial Report for Manufacturing, Mining, The House bill contains no similar provi- C.F.R. 1320.7(m). and Trade Corporations sions. The conference agreement further provides The House amendment contained no simi- The Senate recedes. for an additional modification to section lar provision. BILL CLINGER, 3506(c)(1)(B), which specifies the information The House recedes with an amendment. JOHN M. MCHUGH, to be provided to the public with respect to The conference agreement amends section DAVID MCINTOSH, an agency collection of information. Agen- 91 of title 13, United States Code, the statu- JON FOX, cies are not required to inform recipients of tory authorization for the survey, to: CARDISS COLLINS, a collection of information that: (a) section (a) exempt firms from participation for COLLIN C. PETERSON, 3507(a) prohibits an agency from conducting specified periods, after they have fully par- BOB WISE, ticipated in the survey for a complete cycle or sponsoring an unapproved collection of in- Managers on the Part of the House. formation; and (b) section 3512 requires an (eight consecutive quarters of reporting); agency to inform a person who is to respond (b) expand the use of statistical sampling WILLIAM V. ROTH, Jr., to a collection of information they are not techniques to select for survey participation; BILL COHEN, required to do so unless it displays a valid and THAD COCHRAN, control number. (c) assure small businesses selected to par- JOHN GLENN, 31. Responsiveness to Congress—Annual ticipate easy access to advise and similar as- SAM NUNN, Report and Remedial Program Regarding sistance, including the establishment of a Managers on the Part of the Senate. Agencies Failing to Attain Paperwork Bur- toll-free telephone number. f den Reduction Goals. Effective date (Sec. 4) The Senate bill amended section 3514(a)(1) The Senate bill contains a provision (sec. LEAVE OF ABSENCE of the Act regarding the content of the re- 106) which establishes the effective date of By unanimous consent, leave of ab- port submitted annually to Congress by the the Paperwork Reduction Act of 1995 as June sence was granted to: OMB Director relating to agency compliance 30, 1995. with the Act. The House amendment contains a provi- Mrs. FOWLER (at the request of Mr. The House amendment contains a substan- sion (sec. 3) which establishes the Act’s effec- ARMEY) for today, on account of per- tially identical provision which includes an tive date as October 1, 1995. sonal reasons. additional requirement to identify those The Senate recedes with a clarifying f agencies that have failed to attain their as- amendment. signed paperwork burden reduction goals The conference agreement provides that: SPECIAL ORDERS GRANTED during the fiscal year covered by the report, (a) except as otherwise provided, the Paper- the reasons for their failure to attain such work Reduction Act of 1995 shall take effect By unanimous consent, permission to goals; and the agency’s proposed remedial on October 1, 1995; (b) section 3520, as amend- address the House, following the legis- program, if any. ed, providing authorization for OIRA’s ap- lative program and any special orders The Senate recedes with a clarifying propriation, shall become effective on the heretofore entered, was granted to: amendment. date of enactment; (c) for each collection of (The following Members (at the re- 32. Consultation with other agencies and information for which there is a valid OMB quest of Mrs. SCHROEDER) to revise and the public. control number in effect on September 30, extend their remarks and include ex- The Senate bill contains a provision per- 1995, the amendments to chapter 35 of title traneous material:) mitting any person to request the OMB Di- 44, shall take effect on the date of the first rector to determine whether a collection of renewal or modification to that collection of Mr. DEFAZIO, for 5 minutes, today. information is in compliance with the Act’s information or on the date of the expiration Mr. WYNN, for 5 minutes, today. requirements, specifying response times to of its OMB control number; and (d) prior to Ms. KAPTUR, for 5 minutes, today. such requests; and empowering the Director such renewal, modification, or expiration of Mr. STUPAK, for 5 minutes, today. to seek any appropriate remedial action. its OMB control number, such collection of Mr. POMEROY, for 5 minutes, today. The House amendment contains a sub- information shall be subject to the provi- Mrs. CLAYTON, for 5 minutes, today. stantively identical provision, but unlike the sions of chapter 35 of title 44, United States Mr. MILLER, for 5 minutes, today. Senate bill requires that the person making Code, as in effect on September 30, 1995. the request must be a recipient of the collec- Ms. PELOSI, for 5 minutes, today. PROVISIONS NOT ADOPTED tion of information at issue. Mrs. SCHROEDER, for 5 minutes, The House recedes. Oregon Option proposal today. 33. Effect on existing laws and regulations. The Senate bill contains a provision (sec. Mr. OWENS, for 5 minutes, today. The Senate bill includes a provision, sec- 104), added as an amendment to the bill as (The following Members (at the re- tion 3818(c), substantially identical to exist- reported, which would express a series find- quest of Mr. WELDON of Pennsylvania) ing law which specifies certain classes of col- ings and a statement of support on the part to revise and extend their remarks and of the Senate regarding continuation of an lections of information that are exempt from include extraneous material:) the Act’s coverage. on-going demonstration program of inter- The House amendment makes a number of governmental cooperation between the Fed- Mr. HOSTETTLER, for 5 minutes, on additional modifications to this provision of eral Government and State of Oregon and its April 4. existing law. local governments, referred to as the ‘‘Or- Mr. TIAHRT, for 5 minutes, on April 4. The House recedes. egon Option’’. Mr. BARTLETT of Maryland, for 5 min- 34. Authorization of Appropriations. The House amendment contains no similar utes, on April 4. The Senate bill amends section 3520 provid- provision. Mr. LATHAM, for 5 minutes, on April ing a five-year authorization of appropria- The Senate recedes. 4. tions for OIRA for the Fiscal Years 1996 Termination of reporting requirements Mr. WELDON of Pennsylvania, for 5 through 2000, at the rate of $8 million per The Senate bill contains a provision (sec. minutes, today. year. 105), added as an amendment to the bill as The House amendment provides a perma- Mr. RIGGS, for 5 minutes each day, reported, which would terminate all statu- today and on April 4. nent authorization of appropriations, speci- torily-mandated reports by the Executive fying ‘‘such sums as may be necessary’’ rath- Branch to the Congress, except those re- Mr. BILIRAKIS, for 5 minutes each er than a fixed amount. quired by the Inspector General Act of 1978 day, on April 4, 5, and 6. The House recedes an amendment. The and the Chief Financial Officers Act of 1990, Mrs. SMITH of Washington, for 5 min- conference agreement provides for a six-year five years after the date of enactment of the utes, on April 4. authorization of appropriations for OIRA, for provision. Mr. SALMON, for 5 minutes, on April fiscal years 1996 through 2001, at $8 million The House amendment contains no similar for each fiscal year. 4. provision. Mr. SAXTON, for 5 minutes each day, Burden reduction regarding the Quarterly Fi- The Senate recedes. on April 4 and 6. nancial Report Program at the Bureau of Federal Report Elimination and Modification Mr. ROHRABACHER, for 5 minutes, the Census (Sec. 3) Act of 1995 today. The Senate bill contained a provision (sec. The Senate bill contains a Title II, the Mr. SMITH of Michigan, for 5 minutes 103) that would require the Bureau of the ‘‘Federal Report Elimination and Modifica- each day, on April 4, 5, and 7. Census within the Department of Commerce tion Act of 1995’’, added as an amendment to to undertake a demonstration program to re- the bill as reported, which would eliminate Mr. HOKE, for 5 minutes, on April 4. duce the burden imposed on firms, especially or reduce the burden of 212 statutorily-man- Mr. CHABOT, for 5 minutes, today. small businesses, required to participate in dated reports by the Executive Branch to the Mr. SCARBOROUGH, for 5 minutes, the survey used to prepare the Quarterly Fi- Congress. today. April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4103 (The following Member (at his own (The following Members (at the re- suant to 10 U.S.C. 2304 note; to the Commit- request) to revise and extend his re- quest of Mr. WELDON of Pennsylvania) tee on National Security. marks and include extraneous mate- and to include extraneous matter:) 657. A letter from the Chairman, National Credit Union Administration, transmitting rial:) Mr. TALENT. the 1995 annual report of the National Credit Mr. CALLAHAN. Mr. SAXTON, for 5 minutes, today. Union Administration, pursuant to 12 U.S.C. (The following Member (at his own Mrs. KELLY. 1752a(d); to the Committee on Banking and request) to revise and extend his re- Mr. WELDON of Pennsylvania. Financial Services. marks and include extraneous mate- Mr. COOLEY. 658. A letter from the Chairperson, Na- rial:) Mr. WOLF. tional Council on Disability, transmitting Mr. SMITH of Michigan, for 5 minutes, (The following Members (at the re- the Council’s annual report volume 15, fiscal today. quest of Mr. ORTIZ) and to include ex- year 1994, pursuant to 29 U.S.C. 781(a)(8); to (The following Member (at his own traneous matter:) the Committee on Economic and Edu- request) to revise and extend his re- Mrs. SCHROEDER. cational Opportunities. 659. A letter from the Secretary of Edu- Mr. SMITH of New Jersey. marks and include extraneous mate- cation, transmitting a copy of a report enti- Mr. ENGEL. rial:) tled, ‘‘Summary of Chapter 2 Annual Reports Mr. TIAHRT, for 5 minutes, today. Mr. EWING. 1992–1993’’; to the Committee on Economic (The following Member (at his own Mr. BONILLA. and Educational Opportunities. request) to revise and extend his re- Mr. TEJEDA. 660. A letter from the Nuclear Waste Tech- marks and include extraneous mate- f nical Review Board, transmitting the rial:) Board’s findings, conclusions, recommenda- SENATE BILLS REFERRED tions relating to high-level radioactive waste Mr. HOKE, for 5 minutes, today. (The following Member (at his own Bills of the Senate of the following or spent nuclear fuel, pursuant to 42 U.S.C. 10268; to the Committee on Commerce. request) to revise and extend his re- titles were taken from the Speaker’s table and, under the rule, referred as 661. A letter from the Director, Defense Se- marks and include extraneous mate- curity Assistance Agency, transmitting the rial:) follows: Department of the Air Force’s proposed lease Mr. WYNN, for 5 minutes, today. S. 464. An act to make the reporting dead- of defense articles to Singapore (Transmittal (The following Member (at his own lines for studies conducted in Federal court No. 184–95), pursuant to 22 U.S.C. 2796a(a); to request) to revise and extend his re- demonstration districts consistent with the the Committee on International Relations. deadlines for pilot districts, and for other 662. A letter from the Director, Defense Se- marks and include extraneous mate- purposes; to the Committee on the Judici- rial:) curity Assistance Agency, transmitting the ary; and Department of the Navy’s proposed lease of Mr. HUTCHINSON, for 5 minutes, S. 532. An act to clarify the rules governing defense acticles to Switzerland (Transmittal today. venue, and for other purposes; to the Com- No. 17–95), pursuant to 22 U.S.C. 2796a(a); to (The following Member (at his own mittee on the Judiciary. the Committee on International Relations. request) to revise and extend his re- f 663. A letter from the Director, Defense Se- marks and include extraneous mate- curity Assistance Agency, transmitting noti- rial:) ADJOURNMENT fication concerning the Department of the Mr. EWING, for 5 minutes, today. Mr. ORTIZ. Mr. Speaker, I move that Navy’s proposed Letter(s) of Offer and Ac- (The following Member (at his own the House do now adjourn. ceptance [LOA] to Spain for defense articles request) to revise and extend his re- The motion was agreed to; accord- and services (Transmittal No. 95–20), pursu- marks and include extraneous mate- ingly (at 8 o’clock and 39 minutes ant to 22 U.S.C. 2776(b); to the Committee on International Relations. rial:) p.m.), the House adjourned until to- 664. A letter from the Assistant Secretary Mr. BARTLETT of Maryland, for 5 min- morrow, Tuesday, April 4, 1995, at 9:30 for Legislative Affairs, Department of State, utes, today. a.m. transmitting notification of a proposed li- (The following Member (at his own f cense for the export of major defense equip- request) to revise and extend his re- ment and services sold commercially to marks and include extraneous mate- EXECUTIVE COMMUNICATIONS, French Guinea (Transmittal No. DTC–14–95), rial:) ETC. pursuant to 22 U.S.C. 2776(c); to the Commit- tee on International Relations. Mr. CHABOT, for 5 minutes, today. Under clause 2 of rule XXIV, execu- (The following Member (at his own 665. A letter from the Assistant Legal Ad- tive communications were taken from viser for Treaty Affairs, Department of request) to revise and extend his re- the Speaker’s table and referred as fol- State, transmitting text of agreements in marks and include extraneous mate- lows: which the American Institute in Taiwan is a rial:) 654. A communication from the President party between January 1 and December 31, Mr. FOX of Pennsylvania, for 5 min- of the United States, transmitting his re- 1994, pursuant to 22 U.S.C. 3311(a); to the utes, today. quest to make available emergency appro- Committee on International Relations. (The following Member (at his own priations totaling $21,975,000 in budget au- 666. A letter from the Assistant Secretary request) to revise and extend his re- thority for the Department of Health and for Legislative Affairs, Department of State, marks and include extraneous mate- Human Services, also a request to make transmitting a copy of a report entitled, available emergency appropriations totaling ‘‘US-Hong Kong Policy Act Report’’; to the rial:) $14,415,000 in budget authority for the De- Committee on International Relations. Mr. ARCHER, for 5 minutes, today. partment of Agriculture, and to designate 667. A letter from the Executive Director, the amounts made available as emergency Advisory Council on Historic Preservation, f requirements pursuant to section transmitting the annual report under the 251(b)(2)(D)(i) of the Balanced Budget and Federal Managers’ Financial Integrity Act EXTENSION OF REMARKS Emergency Deficit Control Act of 1985, as for fiscal year 1994, pursuant to 31 U.S.C. By unanimous consent, permission to amended, pursuant to 31 U.S.C. 1107 (H. Doc. 3512(c)(3); to the Committee on Government revise and extend remarks was granted No. 104–54); to the Committee on Appropria- Reform and Oversight. to: tions and ordered to be printed. 668. A letter from the Director for Morale, 655. A letter from the Comptroller, Under Welfare and Recreation Support Activity, (The following Members (at the re- Secretary of Defense, transmitting a report Department of the Navy, transmitting the quest of Mrs. SCHROEDER) and to in- of a violation of the Anti-Deficiency Act annual report of the retirement plan for ci- clude extraneous matter:) which occurred at the Naval Sea Systems vilian employees of the U.S. Marine Corps Mr. PALLONE. Command, Arlington, VA, pursuant to 31 morale, welfare and recreation activities, Ms. PELOSI. U.S.C. 1517(b); to the Committee on Appro- the Morale, Welfare and Recreation Support Mr. KENNEDY of Rhode Island. priations. Activity, and miscellaneous nonappropriated Ms. ROYBAL-ALLARD. 656. A letter from the Director, Defense Fi- fund, pursuant to 31 U.S.C. 9503(a)(1)(B); to nance Accounting Service, transmitting no- the Committee on Government Reform and Mr. MURTHA. tification that the Defense Finance and Ac- Oversight. Mr. UNDERWOOD. counting Service is initiating multifunction 669. A letter from the Director, Selective Mr. STUDDS. cost comparison studies at its centers in Service System, transmitting a report of ac- Mr. SKAGGS. Cleveland, OH; Columbus, OH; Denver, CO; tivities under the Freedom of Information Mr. DIXON. Indianapolis, IN; and Kansas City, MO, pur- Act for calendar year 1994, pursuant to 5 H 4104 CONGRESSIONAL RECORD — HOUSE April 3, 1995 U.S.C. 552(d); to the Committee on Govern- results of the audit of the Pension Benefit deny public education benefits to aliens not ment Reform and Oversight. Guaranty Corporation’s 1994 and 1993 finan- lawfully present in the United States; to the 670. A letter from the Chairman, U.S. Nu- cial statements, pursuant to 31 U.S.C. Committee on the Judiciary. clear Regulatory Commission, transmitting 9106(a); jointly, to the Committees on Gov- By Mr. GIBBONS; a copy of the annual report in compliance ernment Reform and Oversight, Economic H.R. 1378. A bill to require the Secretary of with the Government in the Sunshine Act and Educational Opportunities, and Ways State to publish the names of U.S. citizens during the calendar year 1994, pursuant to 5 and Means. who renounce their citizenship; to the Com- U.S.C. 552b(j); to the Committee on Govern- f mittee on the Judiciary. ment Reform and Oversight. By Mr. JOHNSON of South Dakota: 671. A letter from the Secretary of the In- REPORTS OF COMMITTEES ON H.R. 1379. A bill to require the Secretary of terior, transmitting a copy of the report PUBLIC BILLS AND RESOLUTIONS Agriculture to issue new term permits for ‘‘Outer Continental Shelf (OCS) Natural Gas grazing on National Forest System lands, to and Oil Resource Management Program: Cu- Under clause 2 of rule XIII, reports of committees were delivered to the Clerk replace previously issued term grazing per- mulative Effects, 1987–1991,’’; to the Commit- mits that have expired, soon will expire, or tee on Resources. for printing and reference to the proper are waived to the Secretary, and for other 672. A letter from the President, American calendar, as follows: purposes; to the Committee on Agriculture, Academy of Arts and Letters, transmitting Mr. MCINNIS: Committee on Rules. House and in addition to the Committee on Re- the annual report of the activities of the Resolution 125. Resolution providing for the sources, for a period to be subsequently de- American Academy of Arts and Letters dur- consideration of the bill (H.R. 1271) to pro- termined by the Speaker, in each case for ing the year ending December 31, 1994, pursu- vide protection for family privacy (Rept. 104– consideration of such provisions as fall with- ant to section 4 of its charter (39 Stat. 51); to 97). Referred to the House Calendar. in the jurisdiction of the committee con- the Committee on the Judiciary. Mr. DIAZ-BALART: Committee on Rules. cerned. 673. A letter from the Chief Justice, Judi- House Resolution 126. Resolution providing By Mr. MCCOLLUM (for himself, Mr. cial Conference of the United States, trans- for the consideration of the bill (H.R. 660) to LEACH, Mrs. ROUKEMA, Mr. BEREUTER, mitting a draft of proposed legislation enti- amend the Fair Housing Act to modify the tled, ‘‘Federal Courts Improvement Act of Mr. BAKER of Louisiana, Mr. ROYCE, exemption from certain familial status dis- Mr. WELLER, Mr. EHRLICH, Mr. 1995’’; to the Committee on the Judiciary. crimination prohibitions granted to housing 674. A letter from the Chairman, Federal CHRSYLER, Mr. CREMEANS, and Mr. for older persons (Rept. 104–98). Referred to HEINEMAN): Maritime Commission, transmitting the the House Calendar. Commission’s annual report for the fiscal H.R. 1380. A bill to provide a moratorium Mr. CLINGER: Committee of Conference. on certain class action lawsuits relating to year 1994, pursuant to 46 U.S.C. app. 1118; to Conference report on S. 244. An act to further the Committee on Transportation and Infra- the Truth in Lending Act; to the Committee the goals of the Paperwork Reduction Act to on Banking and Financial Services. structure. have Federal agencies become more respon- By Mrs. MEEK of Florida: 675. A letter from the Board of Trustees, sible and publicly accountable for reducing H.R. 1381. A bill to establish a national pro- Federal Hospital Insurance Trust Fund, the burden of Federal paperwork on the pub- gram to stimulate urban economic redevel- transmitting the 1995 annual report of the lic, and for other purposes (Rept. 104–99). Or- opment through environmental remediation Board of Trustees of the Federal Hospital In- dered to be printed. surance Trust Fund, pursuant to section and restoration, as well as through the de- f 1817(b) of the Social Security Act, as amend- velopment of inner city businesses and em- ed (H. Doc. No. 104–56); to the Committee on PUBLIC BILLS AND RESOLUTIONS ployment in the fields of environmental re- Ways and Means and ordered to be printed. sponse, remediation, and restoration; to the 676. A letter from the Board of Trustees, Under clause 5 of rule X and clause 4 Committee on Ways and Means, and in addi- Federal Old-Age and Survivors Insurance and of rule XXII, public bills and resolu- tion to the Committees on Commerce, Eco- Disability Insurance Trust Funds, transmit- tions were introduced and severally re- nomic and Educational Opportunities, Na- ting the 1995 annual report of the Board of ferred as follows: tional Security, and Transportation and In- frastructure, for a period to be subsequently Trustees of the Federal Old-Age and Survi- By Mr. COOLEY: determined by the Speaker, in each case for vors Insurance and the Federal Disability In- H.R. 1375. A bill to provide for the exten- surance Trust Funds, pursuant to section sion of expiring term grazing permits for consideration of such provisions as fall with- 201(c)(2) of the Social Security Act, as lands within the National Forest System in the jurisdiction of the committee con- amended (H. Doc. No. 104–57); to the Commit- pending the completion by the Forest Serv- cerned. tee on Ways and Means and ordered to be ice of final agency action in connection with By Mr. SOLOMON (for himself, Mr. printed. the renewal of such permits; to the Commit- BILIRAKIS, Mr. ZIMMER, and Mrs. 677. A letter from the Comptroller General, tee on Agriculture, and in addition to the MALONEY): General Accounting Office, transmitting the Committee on Resources, for a period to be H. Con. Res. 54. Concurrent resolution ex- results of the audit of the Panama Canal subsequently determined by the Speaker, in pressing the sense of the Congress relating to Commission’s 1994 and 1993 financial state- each case for consideration of such provi- diplomatic recognition of the Former Yugo- ments, pursuant to 31 U.S.C. 9106(a); jointly, sions as fall within the jurisdiction of the slav Republic of Macedonia; to the Commit- to the Committees on Government Reform committee concerned. tee on International Relations. and Oversight and National Security. By Mr. DIXON (for himself, Mr. COL- By Mr. BRYANT of Texas: 678. A letter from the Deputy and Acting LINS of Georgia, Mr. ROSE, Mr. H. Res. 127. Resolution providing for the CEO, Resolution Trust Corporation, trans- COOLEY, Mr. SMITH of Texas, Mr. consideration of the resolution (H. Res. 40) to mitting ; a list of property that is covered by COSTELLO, Mr. DAVIS, Mr. FRANK of amend the Rules of the House of Representa- the Corporation as of September 30, 1994, Massachusetts, Mr. BERMAN, Mrs. tives concerning the receipt of gifts from pursuant to Public Law 101–591, section SCHROEDER, Mr. HEFLEY, and Mr. lobbyists and other persons, and for other 10(a)(1) (104 Stat. 2939); jointly, to the Com- DURBIN): purposes; to the Committee on Rules. mittees on Resources and Banking and Fi- H.R. 1376. A bill to amend title 10, United nancial Services. States Code, to provide for the award of the f 679. A letter from the Administrator’s of Purple Heart to members of the Armed Federal Aviation Administration and Na- Forces killed or wounded due to friendly fire MEMORIALS tional Aeronautics and Space Administra- while engaged in peacekeeping activities; to Under clause 4 of rule XXII, memori- tion, transmitting a joint report to Congress the Committee on National Security. on the progress being made under the Sub- By Mr. GALLEGLY (for himself, Mr. als were presented and referred as fol- sonic Noise Reduction Technology Program, MCCOLLUM, Mr. SENSENBRENNER, Mr. lows: pursuant to 49 U.S.C. app. 1353 note; jointly, ARCHER, Mr. WELDON of Pennsylva- 29. By the SPEAKER: Memorial of the Sen- to the Committees on Transportation and In- nia, Mr. GOODLATTE, Mr. KIM, Mrs. ate of the Commonwealth of Virginia, rel- frastructure and Science. SEASTRAND, Mr. SAXTON, Mr. SHAYS, ative to the Truth in Lending Act; to the 680. A letter from the Board of Trustees, Mr. MCKEON, Mr. ROHRABACHER, Mr. Committee on Banking and Financial Serv- Federal Supplementary Medical Insurance EWING, Mr. HANCOCK, Mr. CONDIT, Mr. ices. Trust Fund, transmitting the 1995 annual re- BAKER of California, Mr. BILBRAY, 30. Also, memorial of the General Assem- port of the Board of Trustees of the Federal Mr. CALVERT, Mr. RIGGS, Mr. BONO, bly of the Commonwealth of Virginia, rel- Supplementary Medical Insurance Trust Mr. RADANOVICH, Mr. PACKARD, Mr. ative to the Senior Nutrition Programs; to Fund, pursuant to section 1841(b) of the So- BRYANT of Tennessee, Mr. HERGER, the Committee on Economic and Edu- cial Security Act, as amended (H. Doc. No. Mr. HEFLEY, Mr. STUMP, Mr. ROYCE, cational Opportunities. 104–55); jointly, to the Committees on Ways Mr. DOOLITTLE, Mr. HUNTER, Mr. 31. Also, memorial of the House of Rep- and Means and Commerce, and ordered to be SHADEGG, Mr. HOKE, and Mrs. ROU- resentatives of the State of Idaho, relative to printed. KEMA): opposing Idaho as a permanent repository for 681. A letter from the Comptroller General, H.R. 1377. A bill to amend the Immigration nuclear waste; to the Committee on Com- General Accounting Office, transmitting the and Nationality Act to authorize States to merce. April 3, 1995 CONGRESSIONAL RECORD — HOUSE H 4105

32. Also, memorial of the Senate of the to issue a certificate of documentation with HAM, Mr. ISTOOK, Mr. CHRYSLER, Mr. FORBES, Commonwealth of Virginia, relative to me- appropriate endorsement for employment in Mr. TATE, and Mr. COBURN. morializing Congress to refrain from man- the coastwise trade for the vessel Aura; H.R. 847:, Mr. POSHARD, Mr. BALDACCI, and dates dealing with air pollution control pro- which was referred to the Committee on Mr. SOUDER. grams; to the Committee on Commerce. Transportation and Infrastructure. H.R. 852: Ms. ROYBAL-ALLARD and Ms. 33. Also, memorial of the General Assem- f WOOLSEY. bly of the State of Iowa, relative to reducing H.R. 909: Mr. GENE GREEN of Texas, Mr. the Federal deficit; to the Committee on ADDITIONAL SPONSORS UNDERWOOD, and Mr. SCHAEFER. Government Reform and Oversight. H.R. 940. Mrs. MINK of Hawaii, Mr. OWENS, 34. Also, memorial of the General Assem- Under clause 4 of rule XXII, sponsors were added to public bills and resolu- Mr. REYNOLDS, and Mr. WILLIAMS. bly of the Commonwealth of Virginia, rel- H.R. 961: Mr. TAUZIN. ative to the financial crisis afflicting the tions as follows: H.R. 977: Mr. FIELDS of Texas. District of Columbia; to the Committee on H.R. 43: Mr. DELLUMS. H.R. 991: Mr. UPTON, Ms. PELOSI, Ms. RIV- Government Reform and Oversight. H.R. 46: Mrs. KELLY, Mr. CRAPO, Mr. QUIL- ERS, Ms. SLAUGHTER, and Mr. WAXMAN. 35. Also, memorial of the General Assem- LEN, Mr. DUNCAN, Mrs. WALDHOLTZ, and Mr. H.R. 1023: Mrs. KELLY and Mr. HINCHEY. bly of the Commonwealth of Virginia, rel- BREWSTER. H.R. 1024: Mr. LATHAM. ative to State-initiated amendments to the H.R. 70: Mr. CREMEANS and Mr. MARTINEZ. H.R. 1046: Ms. SLAUGHTER. Constitution; to the Committee on the Judi- H.R. 244: Mr. RANGEL. H.R. 1099: Mr. SMITH of Texas, Mr. ciary. H.R. 396: Mrs. MINK of Hawaii, Ms. NORTON, FUNDERBURK, Mr. MCDERMOTT, and Mr. MAT- 36. Also, memorial of the General Assem- Mr. LIPINSKI, Mrs. CLAYTON, Mr. SUI, and Mr. CRANE. bly of the Commonwealth of Virginia, rel- KNOLLENBERG, and Mr. HINCHEY. H.R. 1119: Mr. BARRETT of Wisconsin, Mr. ative to the reimbursement to States of H.R. 530: Mr. WHITFIELD, Mrs. ROUKEMA, DEUTSCH, and Mr. WATT of North Carolina. costs of services provided to illegal immi- Mr. ROBERTS, Mr. STUMP, and Mr. KING. grants; to the Committee on the Judiciary. H.R. 560: Mr. DEAL of Georgia and Mr. H.R. 1130: Mr. ISTOOK and Mr. HANCOCK. 37. Also, memorial of the House of Rep- PARKER. H.R. 1202: Mr. FARR, Mr. STOKES, Mr. LIPIN- resentatives of the State of Idaho, relative to H.R. 564: Mr. FIELDS of Texas. SKI, Ms. FURSE, and Mr. JOHNSTON of Florida. prevention of revenue loss through mail H.R. 576: Mr. DICKEY, Mr. MCCRERY, and H.R. 1210: Mr. BORSKI. order; to the Committee on the Judiciary. Mr. TAUZIN. H.R. 1262: Ms. NORTON, Mr. BONIOR, Mr. 38. Also, memorial of the Senate of the H.R. 577: Mr. DICKEY, Mr. MCCRERY, and MILLER of California, Mr. FATTAH, Mr. RICH- Commonwealth of Virginia, relative to the Mr. TAUZIN. ARDSON, Ms. ESHOO, Mr. SANDERS, Mr. 10th amendment of the Constitution of the H.R. 578: Mr. DICKEY, Mr. MCCRERY, and MCDERMOTT, Mr. FARR, and Mr. LIPINSKI. United States; to the Committee on the Ju- Mr. TAUZIN. H.R. 1281: Mr. SAXTON, Mr. DEUTSCH, Mr. diciary. H.R. 633: Mr. DICKEY, Mr. MCCRERY, and GEJDENSON, Mr. FROST, Mr. BERMAN, Mr. 39. Also, memorial of the House of Rep- Mr. TAUZIN. PORTER, Mr. ACKERMAN, Mr. SCHUMER, Mr. resentatives of the State of Idaho, relative to H.R. 705: Mr. DEAL of Georgia, Mr. KIM, and TORRES, and Mr. SERRANO. approval of the National Highway System; to Mr. BEREUTER. H.R. 1294: Mr. WATTS of Oklahoma, Mr. the Committee on Transportation and Infra- H.R. 713: Mrs. COLLINS of Illinois, Mr. TALENT, and Mr. EMERSON. structure. FARR, Mr. GENE GREEN of Texas, and Mr. H.R. 1317: Mr. NEAL of Massachusetts. 40. Also, memorial of the Senate of the HINCHEY. H.J. Res. 64: Mr. DEAL of Georgia and Mr. Commonwealth of Virginia, relative to the H.R. 721: Mr. CLAY. KIM. high-speed rail system; to the Committee on H.R. 733: Mr. CHRYSLER. H. Con. Res. 12: Mr. MCCOLLUM and Mr. Transporation and Infrastructure. H.R. 734: Mr. CHRYSLER. BISHOP. f H.R. 744: Mr. ABERCROMBIE. H. Con. Res. 21: Mr. HILLIARD, Mr. H.R. 789: Mr. BARTLETT of Maryland and RAMSTAD, Mr. BROWN of California, Mr. PRIVATE BILLS AND Mr. WICKER. MCDERMOTT, and Mrs. THURMAN. RESOLUTIONS H.R. 807: Mr. HERGER, Mr. HEFLEY, Mr. H. Con. Res. 35: Mr. ACKERMAN and Mr. DORNAN, Mr. NEY, Mr. NEUMANN, Mr. TALENT, MCDERMOTT. Under clause 1 of rule XXII, Mrs. SMITH of Washington, Mr. LARGENT, H. Con. Res. 42: Mr. FRANK of Massachu- Mr. STUDDS introduced a bill (H.R. 1382) Mrs. MYRICK, Mr. HILLEARY, Mr. BARTLETT of setts. to authorize the Secretary of Transportation Maryland, Mr. WELDON of Florida, Mr. GRA- H. Res. 40: Mrs. THURMAN. 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, APRIL 3, 1995 No. 61 Senate (Legislative day of Monday, March 27, 1995)

The Senate met at 11 a.m., on the ex- SCHEDULE ball this year, not only through the piration of the recess, and was called to Mr. THOMAS. Mr. President, this sports pages and TV and radio cov- order by the President pro tempore morning the leader time has been re- erage, but through the statements of [Mr. THURMOND]. served. There will now be a period for various Members of this Chamber, I did the transaction of morning business not want to disappoint my colleagues PRAYER not to extend beyond the hour of 12 by not rushing to the floor this morn- The Chaplain, Dr. Lloyd John noon, with Senators permitted to ing to express my pride at the extraor- Ogilvie, offered the following prayer: speak up to 5 minutes each. dinary victory of the University of Let us pray: At 12 noon today, following Connecticut women’s basketball team Lord of creation, You have written ascertaining a quorum, a cloture vote in defeating Tennessee yesterday and Your signature in the bursting beauty will occur on the conference report to claiming the national championship. of this magnificent spring morning in accompany H.R. 831, the Self-Employed Mr. President, there is a part of me our Nation’s Capital. The breathtaking Health Insurance Act. Additional roll- that wants to do a Dick Vitale imper- splendor of the cherry blossoms blan- call votes are expected throughout the sonation here on the floor—raise the kets the city with fairyland wonder. day today. voice, shake the hands—but I am going The daffodils and crocuses have opened Also, as a reminder to all Senators, to abide by the rules of appropriate dis- to express Your glory. Now Lord, tune Members should be in their seats at course, at least in this Chamber, and our hearts to join with all of nature in 2:15 tomorrow for the official photo- simply say with quiet pride what a singing Your praise. graph of the 104th Congress. great season this has been for this Uni- We thank You for the rebirth of hope Mr. President, I suggest the absence versity of Connecticut women’s basket- that comes with this season of renewal. of a quorum. ball team. You remind us, ‘‘Behold I make all The PRESIDENT pro tempore. The How much they have taught us, not things new!’’ As the seeds and bulbs clerk will call the roll. just in the fact that they had an have germinated in the earth, so You The assistant legislative clerk pro- undefeated season, which makes them have prepared us to burst forth in new- ceeded to call the roll. only the second women’s team in ness of life. We forget the former Mr. LIEBERMAN. Mr. President, I NCAA history to finish a championship things and claim Your new beginning ask unanimous consent that the order season undefeated; not just that they for us. Help us to accept Your forgive- for the quorum call be rescinded. won the championship yesterday ness and be giving and forgiving people. The PRESIDING OFFICER (Mr. against a very formidable Tennessee Clean out the hurting memories of our THOMAS). Without objection, it is so or- team, but for all they have done for our hearts so that we may be open chan- dered. State of Connecticut to make us proud, nels of Your vibrant, creative spirit as f to make us feel a little bigger than we normally feel in a relatively small we tackle problems and grasp the pos- MORNING BUSINESS sibilities of this day. State, not only helping us through the Lord, we want to live this day in the The PRESIDING OFFICER. Under winter and raising our sights as we flow of Your grace. We put You and the previous order, there will now be a come out of the recession, but remind- truth first, our Nation and its future period for the transaction of morning ing us what sports is all about. Women’s basketball at the collegiate second, and our party third. Help us business for not to extend beyond the level has reached the big time. It has not to reverse the order. For the sake hour of 12 noon with Senators per- not, obviously, at the professional of the future of our beloved Nation and mitted to speak therein for up to 5 level, and in some ways because of that by Your power. Amen. minutes each. The Senator from Connecticut is rec- inequity, this sport remains as pure as f ognized. sport was meant to be. And in the Mr. LIEBERMAN. I thank the Chair. midst of strikes and contract disputes RECOGNITION OF THE ACTING f in other sports, in the midst of extraor- MAJORITY LEADER dinary competition for enormous sala- The PRESIDENT pro tempore. The UCONN NCAA NATIONAL ries and promotional contracts, it is acting majority leader is recognized. CHAMPIONS great to see a sport, and in this case, to Mr. THOMAS. Thank you, Mr. Presi- Mr. LIEBERMAN. Mr. President, for focus in on this team of UConn dent. those who have followed NCAA basket- Huskies, that plays the game for the

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

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VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5026 CONGRESSIONAL RECORD — SENATE April 3, 1995 love of the sport and for the devotion conference report. I had that intention publicans and Democrats alike. It is that they have to one another and to last week, and I have that intention absolutely outrageous and unaccept- their coach. today. I hope the Members do as well. able to permit the plundering of the These are true scholar-athletes. The It is a very important measure which Treasury by selfish individuals who All American Player of the Year, Re- means a great deal to the self-em- refuse to be part of our American sys- becca Lobo, has an extraordinary aver- ployed and small businesses across the tem. age, was considered for a Rhodes schol- country, as it does provide protection Mr. President, I was reminded last arship, and can make a contribution in for those who are purchasing health in- week that, under the Senate rules, the whatever she has done. surance. It makes sense to give the sense-of-the-Senate resolution would This team taught us something else self-employed some help and assistance not be appropriate on a conference re- about teamwork. Some of the other in recognition of the pressures they are port because of Senate rules. I think if sports which we watch are focused on under in terms of health care. there ever was a legitimate reason for not only the extraordinary accomplish- As I had mentioned over the course an exception to overturn a ruling of ment of the performers, but the enor- of last week, it was never my intention the Chair this would be one so that the mous egos of the athletes. Rebecca not to proceed to that particular pro- Senate could go on record as to what Lobo was criticized a while ago gently gram. Rather, I wanted to draw the at- the real sentiment of the Members by her coach for being too selfless, for tention of the Senate to changes which would be on this particular issue. not shooting the ball enough, for being took place in the legislation from the Nevertheless, I had tried to see if we too focused on team play. And she still time that it passed the Senate, when it could not work out at least an oppor- managed, in spite of all that, to be included a provision to close what has tunity to vote on the sense-of-the-Sen- there yesterday at the critical mo- grown into a sizable tax loophole. That ate resolution as a separate matter, ments to help turn the game around, loophole would permit some of the hopefully prior to the time that we and in the last 2 minutes, to take this wealthiest individuals in this country, pass the conference report or at a time team ahead. by renouncing their citizenship, to es- related to the conference report, be- So, UConn Huskies women, your cape the financial responsibilities for cause it makes a great deal of common coach Geno Auriemma, we thank you accumulation of significant amounts of sense. from the bottom of our hearts for wealth in this country. The conference report is the instru- The fact remains there were provi- bringing the championship back to ment by which this matter was consid- sions already in existence in the Tax Connecticut. And we thank you, too, ered. It would be appropriate to con- Code to try and capture that accumula- for reminding us what American sports sider a sense-of-the-Senate resolution tion of wealth, but it had not been ef- was meant to be, has traditionally at the time of its acceptance or shortly fective. Through the work of the Sen- been, and what you have made it again thereafter. ator from New Jersey, Senator BRAD- in our time. The majority leader has laid down Thank you, Mr. President. LEY, an amendment was offered to ad- dress that very sizable loophole in the cloture motion, which, as I men- I yield the floor. tioned, I expect will be vitiated with I suggest the absence of a quorum. which individuals could become Bene- the understanding that we will vote The PRESIDING OFFICER. The dict Arnolds by renouncing their Amer- later in the afternoon. I certainly will clerk will call the roll. ican citizenship and walking off with support that. We will have an oppor- The assistant legislative clerk pro- hundreds of millions of dollars in accu- tunity prior to the time of the vote to ceeded to call the roll. mulated wealth, and then taking up review where we are in terms of the Mr. KENNEDY. Mr. President, I ask residency in Belize or the Cayman Is- conference report and also where we unanimous consent that the order for lands or other places around the world, are in the Senate debate on priorities. the quorum call be rescinded. and avoid their participation in ensur- Because that is really the issue—the The PRESIDING OFFICER. Without ing that this country is going to re- priorities being reflected in the rescis- objection, it is so ordered. main free. sion proposal of the Appropriations Mr. KENNEDY. I understand that we This is an extremely offensive loop- Committee. are in morning business? hole. I think all of us commended the The PRESIDING OFFICER. That is Senate Finance Committee in elimi- During the course of the presentation correct. nating the loophole. It was only in the by the chairman and the ranking mi- Mr. KENNEDY. And the time is lim- few hours prior to the time that we nority member of the Appropriations ited to how many minutes? were requested to take action on the Committee, they have outlined the The PRESIDING OFFICER. Five conference report that it was brought areas where there are going to be re- minutes. to our attention that the loophole scissions. Mr. KENNEDY. I ask unanimous con- which was closed by the Senate had ef- In response to that outline, the mi- sent to be able to proceed for 10 min- fectively been reopened by our House nority leader, Senator DASCHLE, in con- utes. colleagues, and that the $3.6 billion sultation with a number of Members on The PRESIDING OFFICER. Is there that would have been recaptured over our side, had proposed an amendment objection? The Chair hears none, and it 10 years was effectively lost. Not only to cancel rescissions totaling $1.3 bil- is so ordered. myself but my other colleagues were so lion in the areas which are reflected in the chart here and which we have spo- f troubled by that action that we wanted to at least have an opportunity to ken of last week—the restoration of SELF-EMPLOYED HEALTH present to the Senate, at the time the AmeriCorps, drug free schools, title INSURANCE CONFERENCE REPORT when we were going to accept the con- I education programs, Goals 2000, Head Mr. KENNEDY. Mr. President, I wish ference report, a sense-of-the-Senate Start, the WIC program, school-to- to take a few moments to explain at resolution that would indicate not just work, child care, and also some hous- least my understanding of where we other Members’ desire to close that ing and health training programs. are in terms of Senate procedure. loophole, but also reflect the totality Mr. President, just to go back a step, I think the majority leader and the of our support for that action. many of us were under the impression minority leader will come to the floor As I said last week, I do not doubt that this matter was to be debated on shortly and propound a consent request the sincerity of the members of the Fi- the floor of the Senate on Wednesday which I will certainly support. I urge nance Committee when they said that or Thursday of last week. It reflected a my colleagues to also support it so they would address that issue down the principal opportunity for the Senate to that we will have a final resolution and road. But we have seen at other times reflect on how important these pro- disposition of the conference report. that what really speaks the strongest grams are for children and parents, and We will do that sometime this after- is when you have a unanimous vote. I how we believe that the cuts in the re- noon in a way that accommodates the believe that this would win a unani- scission package were too deep. We greatest number of Members. And I mous vote and certainly should win a wanted an opportunity to debate those have every intention of supporting the unanimous vote of the Members—Re- cuts versus other cuts.

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5027 I respect the rights and the priorities tunity to resolve it with a very brief PRIORITIES that are being reflected in the second- discussion before coming back to the degree amendment to the minority Daschle amendment. Mr. WELLSTONE. Mr. President, 4 leader’s amendment. We ought to have We were not permitted to do so, and minutes is not a lot of time, but let me an opportunity for an exchange on so here we are this afternoon with the just rise to support the powerful words that. prospect of voting on the conference re- of my colleague from Massachusetts. But, generally speaking in this insti- port and then the sense-of-the-Senate We are talking about capital gains tution, when the majority leader or the resolution. over $600,000, that is the only real tax minority leader offers a proposal, we Mr. President, this issue becomes all we are talking about. And we are talk- have an opportunity for a full and com- the more significant when you look at ing about expatriates with incomes plete presentation of the amendment the Daschle amendment, which invests over $5 million. We are just simply say- and the reasons for and against it. $1.34 billion on programs primarily fo- ing that if you are going to be making We were in a situation where many of cused on children and their education. these gains over $600,000 a year and you us thought the proposal would be con- This measure regarding the expatria- are going to renounce your citizenship sidered last Thursday. Then, the Sen- tion tax break, however, is $3.6 billion. as a tax dodge, then, in fact, you are ator from New York, as is his right, It is interesting that our total return going to have to pay above and beyond sought and received recognition and of- for reinvestment in children is only that $600,000. fered his amendment on the Mexican $1.3 billion. It is a pretty interesting It just seems to me that that does loan issue. The Senate had a good de- juxtaposition. Many of us are saying, meet some standard of fairness, and my bate on that particular measure. We look, if we can be so sensitive to the colleague has pointed out the jux- did not conclude until late Thursday handful of multi-multimillionaires to taposition of these proposed cuts in evening to at least reach a procedure give them a tax break of $3.6 billion, drug-free schools, the Women, Infants, by which that matter would be consid- then we ought to be able to at least say and Children Program, the Head Start ered at a later time. that the $1.3 billion devoted to children Program, Child Care Program. Then I was in the well on Thursday for the Head Start Program and the evening when the majority leader WIC Nutrition Program is a higher pri- Mr. President, I have been on the asked the minority leader, ‘‘Will we be ority. floor over and over and over again with able to consider your amendment and The PRESIDING OFFICER. The Sen- an amendment that speaks to the con- perhaps dispose of it as early as 1 ator’s time has expired. cerns and circumstances of children’s o’clock on Friday so that people can Mr. KENNEDY. I ask unanimous con- lives. If we are going to be talking meet their schedules?’’ sent for 5 more minutes. about cuts that dramatically affect the Although there was not a firm time The PRESIDING OFFICER. Without quality of life for children in America, agreement, I think those of us who objection, it is so ordered. The time ex- quite often the most vulnerable citi- were the sponsors thought we could pires at 12 noon. zens, and at the same time we are take that matter up at 10 o’clock the Mr. KENNEDY. I will just take 2 going to be talking about trying to let next morning, then have a good chance minutes. I ask unanimous consent for 2 this kind of tax dodge go through, I to debate and vote on the amendment minutes. just think that people in the country of the Senator from South Dakota, The PRESIDING OFFICER. Without ought to understand what, in fact, real- which would certainly have been appro- objection, it is so ordered. The Senator ly is going on. priate. from Massachusetts. I do not think anybody intended to So the amendment was offered, and Mr. KENNEDY. Mr. President, in filibuster. None of us did. So it will be there were short speeches on it. Then, terms of where we stand, I think this an overwhelming cloture vote. I do not within just a matter of minutes, an chart clearly juxtaposes what the think there is any question about that. amendment in the second degree was issues are. But I do think that a little bit of sun- offered. Many of us who had thought I believe that the overwhelming ma- shine is important, and I do think peo- we would have time to have a debate jority of all Americans believe that if ple in the country do need to under- on children and education were at least we are going to give a tax benefit of stand the significance of what the Sen- temporarily foreclosed from being able $3.6 billion, we ought to be able to at ator from Massachusetts has had to to make that presentation. least try to do something about chil- say. Then, at the noon hour, when some of dren, Head Start, the Women, Infants, us were still here, we were asked, at a and Children Nutrition Program, the I think the significance of it—and we moment’s notice, for a consent agree- School-to-Work Program, the Child will have time this week as we get into ment to not only proceed to the self- Care Program, on the basis of impor- what I think is a real important debate employed conference report, but also tance and need. We will have an oppor- for the country—has to do with prior- for immediate adoption of that. tunity to address that later in the ities. What in the world are we doing That conference report, as I just re- afternoon. I look forward to partici- enabling people to have this huge tax ferred to, was different from the meas- pating in that debate. dodge that really runs up into the bil- ure that actually passed the Senate. Mr. WELLSTONE addressed the lions of dollars for people who make The Senate measure would have pro- Chair. over $5 million and, at the same time vided $3.6 billion in additional reve- The PRESIDING OFFICER. The Sen- that we have this tax dodge going on, nues, and that particular loophole in ator from Minnesota. we are willing to be so generous with the bill would have benefited a dozen or Mr. WELLSTONE. What is the order all too often the suffering of children so American citizens who renounce of business? in this country. their citizenship for tax purposes. The The PRESIDING OFFICER. The That seems a little bit like just a cost would be $3.6 billion over a period morning business lasts until the hour speech on the floor. I probably have of 10 years, and we were asked to go of 12 noon. less than 20 seconds now, but we are ahead and agree to it. Mr. WELLSTONE. And at 12 noon, going to have a debate on all of these There were questions, Mr. President, Mr. President? programs. When the language, I say to that should have been responded to. I The PRESIDING OFFICER. The clo- my colleague from Massachusetts, is appreciated the responses given by the ture vote is to occur under the order. programs, it seems abstract. But we Senator from Oregon on those issues Mr. WELLSTONE. Cloture vote is are going to talk about what all this raised in the conference. under the order at 12 noon. Mr. Presi- means in personal terms, in human Nevertheless, it seemed to me, if we dent, so we have how much more time? terms to our communities, working were going to consider that measure in The PRESIDING OFFICER. We have families, and children. That will be the the conference report, we ought to approximately 4 minutes before 12 debate that we will get to. I look for- have had at least been given an oppor- noon. ward to that debate.

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5028 CONGRESSIONAL RECORD — SENATE April 3, 1995 ROBERTA DOERING—NEW PRESI- the undefeated University of Con- without 1 cent of support or subsidy DENT OF THE NATIONAL SCHOOL necticut Huskies in the championship from the U.S. Government. BOARDS ASSOCIATION game yesterday. My second thought: As the U.S. Sen- Mr. KENNEDY. Mr. President, it is a The Lady Vols were on the verge of ate prepares to debate various facets of privilege to take this opportunity to their fourth NCAA title in the closing the House-passed welfare-reform pro- pay tribute to Roberta Doering of Aga- minutes of the final game. With only 4 posal, Senators should keep in mind wam, MA, who today becomes presi- minutes left, the Huskies rallied back Mrs. Porter’s admonition when she was dent of the National School Boards As- to defeat Tennessee by 6 points—70–64. asked about Government assistance. sociation [NSBA]. Roberta has served Mr. President, I want to commend Mrs. Porter said, ‘‘I’m against people as a member of the Agawam School these young women, as well as their saying, ‘Let the Government do it.’ I Committee for 25 years and has been head coach Pat Summitt and assist- say it’s time for Americans to feed active in both the State and national ants Mickie Demoss, Holly Warlick, Americans.’’ school board associations for many of and Carolyn Peck for their hard work Mrs. Porter’s message to all of us is those years. She was elected to the ex- and dedication this year. They have both needed and refreshingly clear: The ecutive committee of the national or- made the University of Tennessee, the Government cannot do it all, nor can it ganization in 1991 and now assumes the city of Knoxville, and the entire State afford to. But the needs of others can role of president. of Tennessee proud. be met if each of us does our part. Her unwavering commitment to the The seniors who played their last col- Mr. President, I do hope my col- welfare of the Nation’s youth is dem- lege basketball game yesterday should leagues will have time to read the arti- onstrated in her work with the schools look back on a job well done and a sea- cle describing an extraordinary lady and in other areas of service as well. son Tennesseans won’t easily forget. doing an extraordinary work. I ask She served for over 20 years on the And those team members who will be unanimous consent that the March 20, board of directors of the Metropolitan on the court next year can look for- 1995, People magazine article, ‘‘Mother Springfield YMCA and was the first ward to building upon the strong foun- of Them All,’’ be printed in the woman president of that organization. dation they have helped establish this RECORD. She has also served on the board of year. There being no objection, the article Again, I applaud the University of trustees of the Springfield Library and was ordered to be printed in the Tennessee Lady Volunteers for an out- Museum Association, and on the board RECORD, as follows: standing season, and I look forward to of trustees of the Baystate Medical [From People magazine, Mar. 20, 1995] many exciting seasons to come. Center. MOTHER OF THEM ALL: CAROL PORTER FEEDS Mr. President, I yield the floor. Roberta Doering deserves great cred- POOR KIDS IN HOUSTON—WITHOUT A CENT it for her service to education. Like so f FROM THE GOVERNMENT many dedicated citizens who serve on MOTHER OF THEM ALL The white van squeals to a stop in the loose gravel of a dilapidated mobile-home thousands of local school committees Mr. HELMS. Mr. President, a popular and boards across the country, she en- park in Houston. The driver blasts the horn trend among the liberal elements of five times, and children come running from tered the arena because of her interest the news media today is their asser- every direction. One little boy in a blue in children. She recognized the partici- tions that efforts to rid the current sweatsuit races back from the van to his pation by citizens at the local level is welfare system of waste and ineffi- mother, excitedly waving a lunch bag over vital if we are to assure quality edu- ciency are heartless and cruel. Aside his head. He knows the sack contains a plain cational programs for children and from being untrue, such statements ig- turkey sandwich, an apple, a granola bar and youth. some juice. But he couldn’t be happier with nore the extraordinary things that are a bag of Halloween candy. As she became knowledgeable about going on in America today. For exam- the Agawam system, she saw the need ‘‘How excited would you be if you hadn’t ple, the story of Mrs. Carol Porter, co- eaten since we were here yesterday?’’ asks to do more. She explored what other founder of Kid-Care, Inc., a nonprofit Carol Porter, 50, co-founder of Kid-Care, Inc., communities were doing in the State, organization that feeds needy children a nonprofit group that helps feed some of and what lessons from their experience in Houston, TX. I was reminded of Mrs. Houston’s neediest children. ‘‘It’s better could be applied to improve the schools Porter and her family’s efforts on be- than ice cream to these kids. It’s hope.’’ in her own community. As a natural half of Houston’s hungry children when Porter and Kid-Care’s corps of up to 25 vol- extension of her ability and interests, unteers deliver 500 free meals each day to I read a March 20 People magazine arti- children in one of Houston’s poorest neigh- she became active in national edu- cle, headed ‘‘Mother of Them All.’’ cation issues. Her path to the presi- borhoods. Every morsel is prepared by volun- Mr. President, I have met with the teers in Porter’s cramped North Houston dency reflects what so many of us in remarkable Carol Porter on several oc- home, where extra stoves and refrigerators Congress understand. An active part- casions, the first of which was in Octo- are shoe-horned into what used to be the nership among local, State, and na- ber 1993 when she visited Washington family’s living room and den. Remarkably, tional goals is vital to achieve edu- to receive an award for the very work Kid-Care accepts no public funding. ‘‘I’m cational excellence. detailed in the People magazine arti- against people saying, ‘Let the government Roberta is clearly making a dif- do it,’’’ says Porter. ‘‘I say it’s time for cle. Senators and staff members would Americans to feed Americans.’’ ference, and I commend her for her be impressed, as I am, if they could commitment as she begins her service Carol Porter, a registered nurse, and her spend just a few brief minutes with this husband, Hurt, 52, a former radio an- as president of the National School wonderful lady and her husband. nouncer—they have a son, Hurt III, 20, and a Boards Association. I share the pride of Why? Two reasons come to mind: daughter, Jamilhah, 10—might serve as a the people of Agawam and Massachu- The first is her totally unselfish atti- poster couple for the Contract with America. setts that she will be serving all the tude which puts the needs of others be- They are black Republicans who are dead set Nation’s children, and I wish her suc- fore her own. It began when Carol Por- against welfare in its current form. ‘‘I get a cess in this important new under- ter was driving through Houston dur- lot of flak from black folks,’’ says Carol Por- taking. ter. ‘‘But I’m basing my belief structure on ing the Christmas season of 1989. By what I know. And I know we need welfare re- f chance she happened upon a group of form with compassion.’’ youngsters eating out of a fast-food ‘‘I think we should do more to encourage TRIBUTE TO UNIVERSITY OF TEN- dumpster. It was then that she and her self-reliance, and that’s what the Porters are NESSEE WOMEN’S BASKETBALL husband decided to operate a feeding doing,’’ says Texas Senator Kay Bailey Mr. FRIST. Mr. President, I rise program from their three-bedroom Hutchinson. today to congratulate the University of home. Compassion is something the Porters Tennessee Lady Volunteers basketball Today, Porter and the volunteers at learned from their parents. Carol, in fact, credits her late mother, Lula Doe, with team for yet another outstanding Kid-Care deliver 500 free meals to Hous- planting the idea for Kid-Care. It was Lula NCAA tournament. After an impressive ton’s poor neighborhoods. Plans are un- who, in 1984, persuaded a local supermarket record 34–2, the Lady Vols advanced derway to move into a facility enabling not to discard its blemished produce but to through the NCAA tournament to face them to produce 4,000 meals a day, let her distribute it to the poor.

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5029 The Kid-Care idea began to take shape at SELF-EMPLOYED HEALTH INSUR- I further announce that, if present Christmas 1989, when Carol came on a group ANCE ACT—CONFERENCE RE- and voting, the Senator from Oregon of children eating out of a McDonalds’ dump- PORT [Mr. HATFIELD] would vote ‘‘yea.’’ ster. ‘‘I saw Third World conditions a stone’s Mr. FORD. I announce that the Sen- throw from where I live,’’ she says. Two The Senate resumed consideration of years later, Kid-Care was created as a non- the conference report. ator from Alabama [Mr. HEFLIN], the profit organization. The PRESIDING OFFICER. The Sen- Senator from Vermont [Mr. LEAHY] the These days, the Porter’s three-bedroom ate will now resume consideration of Senator from Michigan [Mr. LEVIN], bungalow is hemmed in by Kid-Care vehicles. the conference accompanying H.R. 831 and the Senator from Georgia [Mr. Industrial-size cans of beans, tomatoes, corn NUNN] are necessarily absent. and spaghetti sauce line shelves tacked up in f I also announce that the Senator the family room. Bags of disposable diapers, CLOTURE MOTION from Florida [Mr. GRAHAM] is absent bulk rice and dozens of loaves of bread are because of illness. stacked alongside. in the center of the room The PRESIDING OFFICER. The hour I further announce that, if present is a banquet table, where the sandwiches are of 12 noon having arrived, under the prepared in a huge assembly line. In the next previous order, the clerk will report and voting, the Senator from Vermont room, a magnet stuck to one of four refrig- the motion to invoke cloture. [Mr. LEAHY] and the Senator from erators reads, ‘‘Carol’s Kitchen.’’ ‘‘Hah!’’ The assistant legislative clerk read Florida [Mr. GRAHAM] would each vote snorts Carol. ‘‘This hasn’t been my kitchen as follows: ‘‘aye.’’ in years.’’ The yeas and nays resulted—yeas 83, Until late last year, Kid-Care provided not CLOTURE MOTION nays 0, as follows: only brown-bag lunches but also hot meals. We, the undersigned Senators, in accord- [Rollcall Vote No. 126 Leg.] That was when the Houston health depart- ance with the provisions of rule XXII of the ment forced the Porters to suspend cooking Standing Rules of the Senate, do hereby YEAS—83 operations until certain code violations were move to bring to a close debate on the con- Abraham Dorgan McCain remedied. That problem should be solved by ference report to accompany H.R. 831, Self- Akaka Exon McConnell May, When the Porters hope to move kid- Employed Health Insurance Act: Ashcroft Faircloth Mikulski Care into its newly acquired 11,500-square- Robert Dole, Bob Packwood, John Baucus Feingold Moseley-Braun Bennett Feinstein foot building equipped to produce 4,000 hot Ashcroft, Orrin Hatch, Richard Lugar, Moynihan Biden Ford Murkowski meals a day. That is, of course, if they can Lauch Faircloth, Larry Pressler, Thad Bingaman Frist Murray increase their funding. Carol Porter’s tire- Cochran, Trent Lott, Pete Domenici, Bond Glenn Packwood less fund-raising has given Kid-Care high vis- Rick Santorum, Larry Craig, Alfonse Boxer Gorton Pell ibility among corporations—Quaker Oats D’Amato, Hank Brown, James Inhofe, Bradley Grams Pressler Breaux Grassley and long-distance company Heartline Com- and Slade Gorton. Pryor Brown Gregg munications are sponsors—but most of the Reid CALL OF THE ROLL VITIATED Bryan Harkin Robb current annual budget of $500,000 comes from Bumpers Hatch The PRESIDING OFFICER (Mr. Rockefeller individual donations. The couple supple- Burns Helms BROWN). Pursuant to rule XXII, the ments Hurt’s $2,000-a-month stipend from Byrd Hollings Santorum Kid-Care with a contract to oversee Houston- chair now directs the clerk to call the Chafee Inouye Sarbanes area daycare providers for the U.S. Depart- roll to ascertain the quorum. Coats Jeffords Shelby Simon ment of Agriculture. Hurt III earns $1,000 a Cohen Johnston The legislative clerk proceeded to Simpson month managing Kid-Care’s transportation. Conrad Kempthorne call the roll. Coverdell Kennedy Snowe Carol, whose dream is to seed Kid-Care Mr. DOLE. Mr. President, I ask unan- Craig Kerrey Specter groups across the country, draws no salary. imous consent that the order for the D’Amato Kerry Stevens ‘‘People ask me what’s in it for me,’’ she Thomas quorum call be rescinded. Daschle Kohl says. ‘‘And I tell them to go the route with DeWine Lautenberg Thompson me and see my kids’ faces. That’s what’s in The PRESIDING OFFICER. Without Dodd Lieberman Thurmond it for me.’’ objection, it is so ordered. Dole Lugar Warner Mr. DOLE. Mr. President, I ask unan- Domenici Mack Wellstone f imous consent—and it has been cleared NOT VOTING—17 by the Democratic leader—I ask unani- Campbell Hutchison Lott WAS CONGRESS IRRESPONSIBLE? mous consent that the live quorum Cochran Inhofe Nickles THE VOTERS HAVE SAID YES under rule XXII be vitiated. Graham Kassebaum Nunn Gramm Kyl The PRESIDING OFFICER. Without Roth Mr. HELMS. Mr. President, for 3 Hatfield Leahy Smith years I have made daily reports to the objection, it is so ordered. Heflin Levin Senate regarding the exact Federal f The PRESIDING OFFICER. On this debt as of the previous day. VOTE vote the yeas are 83, the nays are zero. We must pray that this year, Federal Three-fifths of the Senators duly cho- spending will begin to be reduced—it The PRESIDING OFFICER. The sen and sworn having voted in the af- hasn’t yet. Indeed, if we care about question is, Is it the sense of the Sen- firmative, the motion is agreed to. America’s future, Congress must face ate that debate on the conference re- Mr. DODD addressed the Chair. up to its responsibility to balance the port accompanying H.R. 831, the Self- The PRESIDING OFFICER. The Sen- Federal budget. Employed Health Insurance Act, shall ator from Connecticut. As of the close of business Friday, be brought to a close? Mr. DODD. Mr. President, I ask unan- March 31, the exact Federal debt stood The yeas and nays are required. The imous consent to proceed as if in morn- at $4,864,115,841,256.92, meaning that on clerk will call the roll. ing business. a per capita basis, every man, woman, The legislative clerk called the roll. The PRESIDING OFFICER. Is there and child in America owes $18,464.61 as Mr. DOLE. I announce that the Sen- objection? his or her share of the Federal debt. ator from Colorado [Mr. CAMPBELL], The Chair hears none, and it is so or- It’s important to note, Mr. President, the Senator from Mississippi [Mr. dered. that the United States had an oppor- COCHRAN], the Senator from Texas [Mr. f tunity to begin controlling the Federal GRAMM], the Senator from Oregon [Mr. debt by implementing a balanced budg- HATFIELD], the Senator from Texas PERFECT SEASON FOR UNIVER- et amendment to the Constitution. Un- [Mrs. HUTCHISON], the Senator from SITY OF CONNECTICUT WOMEN fortunately, the Senate did not seize Oklahoma [Mr. INHOFE], the Senator Mr. DODD. Mr. President, I am hold- their first opportunity to control this from Kansas [Mrs. KASSEBAUM], the ing up in my hands the front page of debt—but rest assured they will have Senator from Arizona [Mr. KYL], the today’s Hartford Courant, which reads another chance during the 104th Con- Senator from Mississippi [Mr. LOTT], ‘‘Perfect.’’ It shows a photograph of the gress. the Senator from Oklahoma [Mr. NICK- University of Connecticut women’s If the Senate does not concentrate on LES], the Senator from Delaware [Mr. basketball team and the score of the getting a handle on this enormous ROTH], and the Senator from New game, 70 to 64, over Tennessee. debt, their constituents are not likely Hampshire [Mr. SMITH] are necessarily Mr. President, you will certainly ap- to overlook it 2 years hence. absent. preciate the fact that there is a certain

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5030 CONGRESSIONAL RECORD — SENATE April 3, 1995 amount of local pride in the Nutmeg in congratulating all the people in- and me, but they had to go back to State this morning. The women’s bas- volved in this great season. their schedule and practice, so they ketball team completed their tremen- Mr. BRADLEY addressed the Chair. could not get in to the White House. dous season, 35 and 0. It is the best The PRESIDING OFFICER. The Sen- Yesterday, the coach asked the Presi- record ever compiled by a men’s or ator from New Jersey. dent if this time they might be able to women’s basketball team, culminating Mr. BRADLEY. Mr. President, I come through the front door of the in the NCAA title against Tennessee. would like to offer my congratulations White House. The President extended The other team that went undefeated, as well to the women’s team at the an invitation to them to visit, and it is 34 and 0, was the University of Texas in University of Connecticut, and I would going to be a pleasure to go there with 1986. like to call attention to a quote by its them and have them walk in the front What makes this team unique is the star player, Rebecca Lobo, in this door of the White House as the na- intellectual as well as the athletic abil- morning’s Washington Post. When she tional champions. ity of its players. The star player—I was asked what the victory meant to Mr. President, I yield the floor. am hesitant to use the word—Rebecca her, she said: Mrs. BOXER addressed the Chair. Lobo, was chosen first team All Amer- This is just a picture-perfect way for some- The PRESIDING OFFICER. The Sen- ican and first team Academic All one to end their career. We are undefeated, ator from California is recognized. American the last 2 years. She is a can- we won a national championship and I did it Mrs. BOXER. I thank the Chair. didate for a Rhodes scholarship and with people I love. Mr. President, I wish to say to the winner of every Player of the Year Mr. President, that openness is re- Senator from Connecticut that I share Award this season. She has compiled a markable and should be applauded, and his pride in those young women. And 4.0 grade point average during her last it correctly captures the feeling among certainly, as a woman who does not 2 years at the University of Con- members of a 35 and 0 team that wins quite make 5 feet tall, I am particu- necticut and is the No. 1 women’s bas- a championship, and that is true both larly awed by these women and their ketball player in the United States. of a men’s team that would win a skill. We still have UCLA, as you She is joined on that remarkable championship and a women’s team that know, Mr. President, going toward a team that won the championship game wins a championship. My hope is that championship, we hope. But I really yesterday by Jennifer Rizzotti, Kara someday when a men’s team wins a have to say to the Senator, it made me Wolters, Jamelle Elliott, Pam Webber, championship, the star player can say feel so good to watch these young Nakisha Sales and many other talented those exact words and feel as com- women. players. Rebecca Lobo, Jennifer fortable saying them as Rebecca Lobo I do hope someday they have more of Rizzotti, Kara Wolters, and Jamelle El- did yesterday. a future. If they can sink the ball in liott were named to the all-tournament I congratulate Connecticut for this the basket with the best of them, they team. It is the first time that four tremendous accomplishment and Re- ought to have a chance. That is a sub- players from one team were named to becca Lobo for her courage and leader- ject for another day and another time. that honor. ship in difficult times in her own fam- Mr. President, today is a day of great ily situation, because of her mother f having breast cancer, and also because pride in the State of Connecticut be- SELF-EMPLOYED HEALTH INSUR- of her determination that was shown cause of the accomplishment of this ANCE ACT—CONFERENCE RE- every day that she went out onto the great team. PORT I wish to pay a special tribute to court with her teammates. Geno Auriemma, the head coach of the Mr. DODD. Mr. President, I thank my The Senate continued with the con- team, who did a remarkable job this colleague from New Jersey for those sideration of the conference report. season, and to the fans. You could not comments. She is a remarkable young Mrs. BOXER. Mr. President, I wish to get a seat in Gampel Pavilion this woman on a remarkable team, and the now take the floor to thank the Sen- year; they sold out every single game. joy of watching them win was only ex- ator from Massachusetts for what he Mr. President, I am going to include ceeded by their joy in winning. There has done by bringing forward such an in the RECORD as well, a couple of side- are no NBA careers in front of them. important issue really, not only to the bar stories that go to the heart of a few There are no six-figure, seven-figure Senate but to the people of the United other issues. The stories are about salaries awaiting these young women— States of America. young women in the State of Con- just the joy of playing the game, the We are going to see on Friday, I say necticut, 9-, 10-, 12-year-olds, who were joy of victory and the joy of doing it to my friend, a big celebration on the watching this team during the last together. It needs to be heralded. It steps of the Capitol. Those Republicans year and who have become tremendous needs to be highlighted. We need to get who signed the Contract With America fans. It goes to the issue of title IX and back to that very spirit of amateur are going to be celebrating and saying the success of a program, a women’s sports. how great it is that they passed a num- program, a basketball program. Just a I congratulate as well the team from ber of those provisions. few years ago you probably would have Tennessee. Tennessee has won several Well, I think what the Senator from found only a handful of people watch- national championships in the women’s Massachusetts is pointing out is that ing a women’s basketball game, not basketball division. They lost to Con- there are more people than just those only at the University of Connecticut necticut yesterday, but they are a Republicans who are going to be cele- but all around the country. And today, great team and a great champion as brating; some of those people are going as I mentioned a moment ago, there well. I just know we are going to see to be the millionaires and the billion- are sell-out audiences, sell-out crowds. more and more of them. I think it is a aires who got away with it again, who This is a great tribute to title IX and wonderful thing in America to be able again got away with what I call tax those who fought so very hard for that to watch young women get the kind of murder. I actually call them tax trai- program. attention they did. tors, because what they do is they We are very proud in Connecticut By the way, the President called the make a lot of money in this country, today. We have always had to export coach yesterday. It is the first time a millions and hundreds of millions, our team allegiances to either the Bos- President has ever called an NCAA sometimes billions, and then they re- ton Red Sox, the New York Knicks, the women’s champion after the title nounce their citizenship to escape any Mets, or others. Lately, we have had a game. I congratulate and thank Presi- kind of State taxes. I think that is un- hockey team which has not done ter- dent Clinton for making that call to patriotic. I think it is in many ways ribly well, but now there is deep pride the Connecticut women’s basketball acting like a traitor to this Nation. over this remarkable team that did a team. This Senate, on a very clear vote, fantastic job in their quest for a na- They went down to the White House said let us end that kind of tax loop- tional championship. last year and could not get in. There hole. The Senator from Massachusetts I join my colleague, Senator was a long line. They were here in the was completely struck, as was I and LIEBERMAN, who I know spoke already, office and met with Senator LIEBERMAN others in this Chamber, when the tax

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5031 bill came back from the other Cham- They get money for their education. But are we now saying to the young ber, from the Republicans in the House They are not volunteers. people in the AmeriCorps Program who who are so proud of their contract. And Well, I say to my friend, could these are committed to making a contribu- guess what? That tax loophole was not people do this work without a stipend? tion to their communities that the rug closed. Could they live? Could they give of is pulled out from underneath them? So on Friday, when the Republicans themselves and back to community if Mrs. BOXER. Mr. President, I thank are celebrating their contract, there they did not have the stipend? Did not my friend, because I have to say that I the people in the Peace Corps, I say to will be a celebration in a lot of places did notice broad support for this when my friend, have a way to live while across this great land, where people it came up. The Senator from Massa- they gave their service? will be saying, ‘‘Oh, thank goodness, I chusetts certainly worked on it, as still have that kind of a loophole.’’ Mr. KENNEDY. If I could answer my friend, the Senator from California. chairman of the committee at that All the Senator from Massachusetts time. Very few spoke out against it. was asking us to do on Friday was to She is putting her finger on a very im- go on record, because it is too late to portant point, which is that volunta- It is hard for me to believe, as the change that conference report. We do rism should not be just a luxury for the Senator has pointed out, that this is not want to hold it up. It does some wealthiest individuals. There are many not some kind of political attack. Be- other very important things, and we young people with limited resources cause President Clinton said during his care about the small businesses and the that want to have an opportunity to campaign, just as the Peace Corps, farmers who are concerned about their give something back to their commu- which sent our young people abroad, tax deductibility for their health care, nities. We see that time after time. was so effective in helping people which is in that bill. What we are basically saying to abroad, let us have that in America All the Senator from Massachusetts those young Americans is: if you are where we have problems in our schools, was asking was for a simple sense-of- prepared to give something back to where we have problems in our nursing the-Senate resolution so the Senate your community, you will also have a homes, where these young people can could go on record and say we are not stipend, which is effectively a min- give something back and have a sense turning our back on fixing this prob- imum wage, to be able to live. You will of community and of giving back. lem. We stand for average people in also be able to get the equivalent of a And so the Daschle amendment, as this Senate Chamber. And we are going year’s down payment on your tuition my friend points out, will restore this to fix this problem and we are going to at a State university to continue your funding. education. stop this tax loophole for the million- I like to think that part of our Na- I will tell you one story about my aires and billionaires who would re- tion’s value system is to try and en- visit to a school in Los Angeles, where nounce their citizenship in America to courage young people to be involved in I meet with an AmeriCorps volunteer get away with having to pay their fair a selfless way, to give something back and some of the students in a pretty share of the taxes. to their community and, second, to en- tough school. This school is made up of And guess what happened? The Re- courage people to move ahead in terms kids who were basically first-genera- publican leadership said, ‘‘No way. We of their education. tion Americans. Their parents work in are not going to have that vote.’’ Finally, let me say to my friend, the the garment district in Los Angeles in Well, I hope some agreement can be Senator from California, that we effec- very, very tough conditions, minimum reached—and I tell my friend that I tively had an agreement here in the wage conditions. stand with him—so that at some point United States Senate when we passed And, of course, that is another issue, in the near future we will have that the national service program. We are vote so that people in this country will I say to Senator KENNEDY, that he has going to have $300 million in the first lead the fight on. We have opposition understand that the U.S. Senate is not year, $500 million in the second, and changing its mind on fixing this loop- from the Republicans, unanimously. $700 million in the third. We had very God forbid we should raise the min- hole. strong bipartisan support for that com- I also want to thank the Senator imum wage, which is at a 40-year low mitment. I think there was only a in terms of purchasing power. from Massachusetts and the Demo- handful of Senators that voted against cratic leader, TOM DASCHLE, for bring- it. Now we have established a service And they say, ‘‘Oh, it helps get teen- ing forward an amendment that I think program where young people have been agers into the job market.’’ Most of the is a very important amendment to the recruited on the basis of an agreement people on minimum wage, as the Sen- supplemental appropriations bill that and understanding that was reflected ator knows, are adults. They use that is before this Senate. in the bipartisan effort. money to live on and try to provide for The chart that the Senator from The AmeriCorps Program, however, their families. That is another issue. Massachusetts, Senator KENNEDY, has was targeted for a 75-percent reduction, But it all fits into the same pattern, I put together shows what would be re- more than any other single program. say to my friend. stored by our Democratic leader’s And I do not think that it is a coinci- Very quickly, they did away with amendment. dence that it happened to be a top pri- closing a tax loophole that helps the If ever you wanted to know the dif- ority of President Clinton’s—one that billionaires; just dropped it right out of ference between Democrats and Repub- he spoke about during the course of his the conference. But with a lot of fore- licans, here is your chance. Mean-spir- campaign. He stated that it was one of thought and talk about the deficit, and ited, unnecessary cuts put forward in his greatest initiatives and he spent a a lot of time to concentrate, they cut an appropriations bill, a rescissions great deal of his own personal time and money for young people, for their bill; unnecessary. involvement to see that it became a re- hopes, for their dreams, for their fu- For AmeriCorps, the Daschle amend- ality. I can just say, from a personal ture. ment will restore $210 million. I ask my point of view, each time he comes to And they say they care about the def- friend from Massachusetts, is that cor- Boston, he meets with these young icit. Not one of them voted for the $500 rect? Americorps volunteers and continues billion deficit reduction that every Mr. KENNEDY. The Senator is cor- to inspire them, as he does others who Democrat took a risk and went down rect. are involved in voluntary programs. (Mr. JEFFORDS assumed the chair.) These cuts are effectively taking the to that well and voted for. And we have Mrs. BOXER. I wish to engage my rug right out from underneath these had the biggest deficit reduction in our friend in a colloquy. volunteers. All we are saying to our history. We have had 3 years of declin- I had a wonderful experience visiting colleagues is not to go back on your ing deficits, and the smallest work an AmeriCorps Program in Los Ange- word to these young people. And that is force since John Kennedy with a Demo- les. I want to tell my friend that the what this amendment is all about. cratic Congress. Americorps volunteer—and by the way, Maybe next year, we are going to We did not take a meat ax to these our Republican friends say: They are have to fight to try and get what re- programs, I say to my friend. We took not volunteers. They get a stipend. sources are available for that program. a scalpel.

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5032 CONGRESSIONAL RECORD — SENATE April 3, 1995 We closed loopholes. We said to the These cuts, as the Senator has talked by the majority and minority leaders. I wealthiest in this country—those over about, are going to be used for the thought that process would be worked $200,000—you may have to pay a little House Republican tax cut, which will out. I did want to be able to address more. Over on the House side with go to the top 51 percent of the tax- the Senate for just a few moments at their contract, they want to give a con- payers. this time on the issue of the tax loop- tract to those who earn $200,000 a year. That is fundamentally wrong, as the hole. When I went to the school, I say to Senator from California understands. I The current tax laws contained an my friend, I met a little child who was do not believe that that is what the unjustified tax loophole that exists for shot in a drive-by shooting, and an Americans are really for. billionaires who renounce their Amer- AmeriCorps volunteer went to see him You would hardly understand that ican citizenship in order to avoid taxes in the hospital every single day and this is what is being cut here. You will on the wealth that they have accumu- turned that child’s life around. This is hear general comments about how we lated as Americans. I commend the Fi- a living, breathing human being, first- have to cut back on programs and dis- nance Committee for closing the loop- generation American who now believes cretionary spending in order to deal hole in its action on the 25-percent in this country. with the deficit. The fact is, the pro- health care deduction for small busi- I say to my friend, they say that grams which are being cut back are to ness. The Finance committee took the sometimes children ask the best ques- be used for the tax cut to the wealthi- action despite the fact that the rev- tions. Do you know what some of those est individuals. I just do not think that kids talked to me about, the ones who enue gained was not needed to pay for is right. This is the argument that the were afraid of losing their school lunch the health care deductions for small Senator from California is making, and program? Here is what they said: business owners in the bill. ‘‘Who gets the money if you cut us I welcome the chance to join with her. In fact, the committee requested that out of the program?’’ Mrs. BOXER. I say to the Senator in I could not believe they asked that closing my comments that I did not the revenues be used for deficit reduc- question. come here to take from the kids and tion, exactly the type of action nec- ‘‘Who gets the money, Senator, if I give to the rich. And I did not come essary if we are serious about achiev- do not get my lunch?’’ here to throw the women and children ing a balanced budget. And I have to tell them, ‘‘The Repub- over first. And that is exactly what the Closing this loophole would raise $1.4 licans want to give a tax break to the Republicans are doing in this Congress. billion over the next 5 years, $3.6 bil- wealthiest people in this land, and I Cut the WIC Program, the Women, lion over the next 10 years, according won’t let them do that and take food Infants, and Children Program that to the Senate Finance Committee re- out of your mouth.’’ gives nourishment to pregnant women port. I do not care if I am saying some- who may not be able to afford it? Every thing popular or unpopular, but I am dollar we put in that program saves In too many cases, we close tax loop- going to stand on this floor with my from $3 to $10. Why? Because we give holes only when we need to raise reve- friend until hell freezes over before them nourishment—cheese, milk, and nues for specific spending measures, that happens in this U.S. Senate. things they need. whether they involve direct expendi- I see that my friend has put another I have a pregnant daughter right tures or tax expenditures. In this case, chart up here. I ask him to explain it, now—the light of my life. I am going to the committee closed this flagrant if he would do that. have my first grandchild. Every day I loophole as soon as it was brought to Mr. KENNEDY. I will be glad to. I call her: ‘‘Did you take your vitamin the committees’s attention, and right- had not anticipated we would be debat- pill? Are you eating right?’’ ly so. All of us thought the issue was ing this issue at this time, but I think I say to my friends, we ought to care settled. Now it comes back to us from perhaps it is appropriate. about the pregnant women in this the Senate-House conference and the This is a chart showing that the top country who may not have a mom or a loophole has been reopened. And the 12 percent of taxpayers get more than dad to call them up in the morning, outrageous tax break for two dozen or half of the tax benefits in the Repub- who may not even have the education so of the most wealthy individuals in lican plan. More than 50 percent of the to know that it is important. And, lis- the country will remain wide open. tax benefits would go to those individ- ten, it pays off. It pays off because we This is all happening, of course, at the uals who earn over $100,000. have healthier children and less costs, same time that we are cutting Federal I think this makes the point that the less costs to put these babies in incuba- funds for basic investment and for the Senator has been talking about. What tors, not to mention the humanity in- future of children and working fami- we are faced with in these rescissions is lies. Funds for education, housing, and the cutbacks in the various programs volved here. Where is our decency here? I do not vital social services are all being dras- which have been identified by the Sen- know. But what I know is that I am tically cut at the very time our Repub- ator from California—in AmeriCorps lican colleagues are deciding that this and drug-free schools. We had a very proud to be associated with the Sen- ator from Massachusetts. I think what tax break is not flagrant enough to be important and eloquent debate on the terminated immediately. problems of violence in our schools and he is pointing out is a tie-in between how we are going to deal with it. these tax breaks for the wealthiest peo- All citizens of the United States have Other programs targeted for cut- ple among us and the taking from the a basic right to leave the country and backs include: children. I think it is reprehensible, live elsewhere and to relinquish their The chapter 1 program, which was and I will join that fight. The fight has citizenship. That is not what this pro- completely revamped in the last Con- just begun, I say to my friends. vision is about. Every citizen has the gress, again, with strong bipartisan I yield the floor. right to repatriate. We would not want support. If the Senate rescissions Mr. KENNEDY. Mr. President, par- the Tax Code to be used to outlaw that stand, 70,000 children across the coun- liamentary inquiry. Cloture has been action. invoked; am I correct? try will not be participating in these At the same time, though, we do not The PRESIDING OFFICER. The Sen- programs which try to assist young want the Tax Code to be an enticement ator is correct. people that come from economically to citizens to renounce their citizen- disadvantaged communities. Mr. KENNEDY. So now each Member is entitled to speak up to an hour; am ship. The law would not prevent indi- Goals 2000—this cut will result in viduals from shifting their assets and 1,300 school districts not participating I correct? The PRESIDING OFFICER. The Sen- citizenship to a foreign country; rather in education reform programs. it would make sure that those who The Head Start programs, which ator is correct. have amassed great wealth through the have been tried, tested, and reevalu- Mr. KENNEDY. Mr. President, I do U.S. economic system pay their fair ated. not intend to use all the time, and I The WIC nutrition program, school- have every expectation we will have a share of taxes. to-work, child care, and the list goes final vote on this sometime in the Last year, approximately 850 individ- on and on. early or midafternoon, a time to be set uals renounced their citizenship, but

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5033 only a handful of those would have So the concept has been at least in- that it would have unanimous support. been affected by this legislation. The cluded in the tax law. As I understand I see on the floor my friend and col- tax loophole we are trying to close is from the experience, that law provides league, the chairman of the Finance not one that applies to all those who that 10 years after expatriation, that Committee. As I noted earlier today, renounce their citizenship. As a result, income has basically been hidden or he had given assurance, as did the Sen- it is wrong to call this an exit tax. It shielded. And the Finance Committee ator from New York, that this issue only applies to those with a minimum addressed that issue and was to be able would be resolved in the conference, of $600,000 in unrealized capital gains, to recover what was necessary. along with other members of the Fi- which would necessitate a minimum of The Finance Committee report itself nance Committee. Senator BRADLEY $5 million of net worth. All those below states: authored the provision in the Finance that level of liability could renounce The committee is concerned that present their citizenship without the IRS ever law— Committee, and he indicated that as questioning their motives. But the fact So this is not a new law; it is a new well. of the matter is that many of these way of dealing with the loopholes that It seems to me, Mr. President, that wealthy individuals are leaving the exist. Members ought to be able to express country for only one reason—to avoid The committee is concerned that under the sense of outrage that is felt by taxes that they rightfully owe the Gov- present law, which bases the application of their constituents and be able to speak ernment. the alternative method of taxation under to this issue in support of a resolution In some cases, the individuals in- section 877, proof of a tax avoidance purpose that would urge that at the earliest volved have the best of both worlds. has proven difficult to administer. In addi- possible time, there be action on this They renounce their citizenship, avoid tion, the committee is concerned that the al- millions of dollars of tax liability, but ternative method can be avoided by post- particular loophole. We do not doubt still spend up to 6 months a year in the poning the realization of U.S. source income for a moment the sincere, dedicated, for 10 years. The committee believes that United States. In many cases, their committed desire of the Members I section 877 is largely ineffective to tax U.S. mentioned and other members on the families stay in the United States, tak- citizens who expatriate for the principal pur- ing full advantage of the U.S. standard pose to avoid the tax. committee to do so. of living and quality of life. The proposed provision is similar to those To many of us who have been around In other cases, wealthy individuals in other countries, including Canada and long enough to know that when we are are gaining from the system to an even Australia. The concept is also similar to laws in many States, where individuals who in those conferences and the House has greater degree. They are renouncing a different view about this, that get- their citizenship to avoid European move to other States are taxed on compensa- tion earned before the move though it may ting a unanimous, recorded vote by the taxes, also. Then they take up Euro- not be received until after the move. membership, Republican and Democrat pean citizenship but live part time in a The law would be limited in its scope. Caribbean tax haven so they cannot be alike, with the strong assurances of the It would not apply to real estate or taxed by their new European home members of the Finance Committee, country. pensions, regardless of their value. We majority as well as minority, and all Some have suggested that this provi- already tax gains on real estate of for- Members of the Senate on this, that sion would unlawfully restrict the fun- eign citizens as a result of the sale of this would be an issue that would be re- damental right of voluntary expatria- property. Under the Finance Com- solved and resolved in a timely fashion, tion and emigration. This is not the mittee reform, the State Department and that this real injustice to all of the case. The State Department has stated would notify the IRS when anybody re- other American taxpayers—because that this provision does not conflict linquishes their U.S. citizenship. The when we have this kind of loophole, State Department would provide appro- with the international human rights make no mistake about it, it is the priate information to assist the IRS in law concerning an individual’s right to hard-working men and women that are freely emigrate from his or her country enforcing the provision. As the report of the Senate Finance paying the taxes, playing by the rules, of citizenship. It also recognizes that a that make up the difference. state, in order to protect its interest, Committee stated on this provision, it may impose economic controls on a de- is fair and equitable to tax expatriates Every time you have this kind of a parture as long as such controls do not on the appreciation of their assets windfall and you create that deficit, result in a de facto denial of an individ- when they relinquish their U.S. citizen- what are we asked to do? We are asked ual’s right to emigrate. ship. to address the problems of the deficit. Requiring individuals to pay taxes on I regret that Congress is unable to Here are where the cuts come. That is gains that accrue prior to expatriation act now to close this billionaires’ tax what we are being asked to do here—to does not constitute a de facto denial of loophole in the current tax bill. We cut the child care programs, the WIC an individual’s right to leave a coun- know that our Republican colleagues Program, cut the Head Start Program. are quick to call for deep cuts in pro- try. Why? For deficit reduction. And one of grams that help working families, chil- These are comparable taxes to those the good reasons we have it is because dren, college students, senior citizens, which U.S. citizens or permanent resi- we have a loophole like the one I have dents would have to pay were they in and other deserving Americans. So it is just mentioned. It seems that the least the United States at the time they dis- ironic that our Republican colleagues we can do is to have a sense-of-the-Sen- posed of the assets or their debt. Under show so much solicitude for the least- ate resolution that reflects the com- the current law, if the IRS suspects deserving Americans—those who want that an individual has renounced his or to renounce their citizenship in order bined body here of the Senate on the her citizenship in order to avoid taxes, to evade their fair share of taxes on the earliest possible time. I wish we could it will attempt to tax the holdings for massive fortunes they have accumu- have worked out a process prior to the an additional 10 years. The IRS must lated from the blessings of America. vote. establish that it is reasonable to be- This tax loophole should be closed as I understand that we will move to a lieve that the individual gave up citi- soon as possible. vote. Of course we will have an oppor- zenship to avoid taxes. The burden of So, Mr. President, it was my pur- tunity to offer it on the underlying proof that the move was not for tax pose—and I am joined by a number of measure, in terms of the rescissions reasons falls on the former citizen. my colleagues. Although we were not later on. Current law needs to be tightened be- technically able to do so in terms of cause individuals are easily evading it. the parliamentary situation in which It would seem to me that it would be The law provides for that with the tax- we finds ourselves, at least we should wise for the leadership to give a very ing of their income for an additional 10 be accorded an opportunity to vote on clear indication about their support years after expatriation. But they a resolution that would do just that— and make it easy to resolve this. An- avoid the tax completely by postponing that is, remedy this situation. nounce to the world that tomorrow at the realization of gains for the first I would expect that it would have 10 o’clock, this afternoon at 5, we will decade after leaving the United States. overwhelming support. I would expect vote on this. We will close this down.

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5034 CONGRESSIONAL RECORD — SENATE April 3, 1995 But we cannot do that. We hear, ‘‘We the membership we will get a vote on down, Medicare is not going to go are for it,’’ but we will not be given an it, hopefully sooner than later. down, Medicaid will not go down, edu- opportunity to vote on it. We are not The PRESIDING OFFICER. The ma- cation will not go down, food for the going to say when we can get a vote on jority manager is recognized. poor will not go down. They are all it. We have to conclude that if this is Mr. PACKWOOD. I thank the Chair. going to go up, not down. the case, why do we not just say at a It was almost 25 years ago that I The reason that people use the word time certain that we will get a resolu- traveled around the country with my ‘‘cut’’ is because they have a vested in- tion on this matter such that the ma- good friend, the senior Senator from terest in the program. Often, they are jority leader and the minority leader Massachusetts. I was then on the Labor bureaucrats who administer it and ag- and the members of the Finance Com- and Public Welfare Committee. He was, grandizement and biggering is good for mittee will all say, ‘‘This is an expres- I believe, chairman of the Health Sub- bureaucracy. The more you can bigger, sion of the unanimous vote of the Sen- committee. We were doing health hear- the better. ate.’’ That is what we are desiring to ings around the country going to hos- So we have come with this concept do. pitals, holding hearings. only, really, in the last 20 years, of We are saying to the House of Rep- There is no question that his compas- what a cut is: Spending less than we resentatives that the Senate of the sion for the poor is unrivaled in this were otherwise going to spend but United States—Democrats and Repub- body. Sometimes, however, that com- more than we are spending now. licans—are all aligned together. We be- passion is confused by the volume of Unfortunately, the press has picked lieve that action has to be taken, that his oratory and the velocity of his sta- it up. They say Republicans plan to this loophole has to be closed. We are tistics. cut—whatever it is. So let me give an prepared to go on record. We are pre- Volume and velocity are not nec- example. Let us take some of the pro- pared to set the time to do so. essarily accuracy. He uses the word grams that my good friend from Massa- I want just to finally indicate that I ‘‘cut, cut, cut.’’ Only in this Govern- chusetts has. Let us take Head Start am very hopeful that we can do it. I ment—not in any State government and let us say we were going to spend will be eager to try and work with the that I know—only in this Government $500—$100 a year on it over the next, let leadership to try and establish that do we use the word ‘‘cut’’ as follows: us say, 5 years: $500; and let us say we time. I will also be forced to remind cut means we are going to spend less were going to spend $100 a year on our body, if we are not able to do it, as than we thought we were going to school lunches for the next 5 years: an- to what, really, is at issue. spend in the future, even though it is other $500; and $100 on child care per It is the issue of fundamental fair- more than we are spending now. That year. So over 5 years, you have $500 we ness. An issue of which side are we on. is a cut. would spend on Head Start, $500 on Are we on the side of working families This would be a cut, to an average school lunches, and $500 on child care. who are in the lifeline programs that layperson. I am making $1,000 a month. That is $1,500 we would spend over the reach the children of this country? In I think I am worth $1,200 a month. I go next 5 years. the child care programs, where we have to the boss and say, I am worth $1,200. Let us say, however, that the current long lines of parents trying to get qual- And the boss says I don’t have $1,200. I law—no change in the current law, we ity child care? Or the school-to-work will give you $1,100. You do not tell do not have to vote for anything— program for the 70 percent of the indi- your wife you got cut $200; you got $100 would say that on these programs we viduals who do not go on to 4-year col- raise. It is not as much as you hoped will spend $200 a year. So over 5 years, lege and want to be able to find em- but more than you are getting. instead of spending $500, we would ployment? This program, which has I defy you to ask any average normal spend $1,000 on each program. So on the strong bipartisan support, reflects a citizen in this country to define ‘‘cut’’ three programs, instead of spending combination of business and educators the way we define it. $1,500, we spend $3,000. and parents trying to get people into Having said that, we will take a look Now let us say the Republicans come work. at the quantity of money we now forth and say, ‘‘We think, over the next Other programs include the WIC nu- spend. The Federal Government—and 5 years on those three programs, in- trition program, which was spoken to we hate to be cavalier about this but I stead of $1,500 that we are now spend- so eloquently by our friend and col- will round it off—the Federal Govern- ing if you were to flatten it out, we league, the Senator from California. ment this year will spend about $1.5 think we should spend $2,500; not $3,000, The Head Start Program, which was re- trillion—‘‘t,’’ trillion, $1.5 trillion. $2,500.’’ The argument would be made viewed by a bipartisan commission, If we were to spend $1.5 trillion a we have cut the programs $500. virtually had a unanimous vote when it year for the next 7 years—and the rea- We have not cut the programs. We passed out of the Labor and Human Re- son I pick that is the year 2002 we are have increased the spending $1,000. It sources Committee, and had strong hoping to get to a balanced budget—we just is not as much as advocates of support in the House. would spend about $11 trillion. We are each of those programs would like. And Goals 2000 education reform, which planning to spend under current law, if we, everyone in this body, knows we incorporates many of the ideas and we do not change the current law at are faced with this. suggestions of the previous Secretaries all, we do not add anything like long- In comes a group whose principal of Education. term care to Medicare, we do not add purpose is education. It can often be The Chapter I Program that focuses anything more to AmeriCorps or Head conservative Republicans, let us say it on the educationally disadvantaged. Start, over the next 7 years instead of is the National Association of School The Safe and Drug Free Schools Pro- spending $11 trillion, as we would spend Boards. Except in very big towns, my gram—we obviously know that as if we spent the same amount every experience has been that school board much as we do to reform our education year, we would spend $15 trillion. That members are often Republicans, some- system, if we do not have a safe school, is if we do not change the laws. And we what conservative, and they want to none of this will matter. would still have the perpetual deficits. balance the budget. But they are on Finally, regarding the AmeriCorps In order to balance the budget by the the school board, so in they come and Program, we must not pull the rug out year 2002, instead of $15 trillion spent say, ‘‘Yes, I am for the balanced budget from underneath the young men and over the next 7 years, we need to spend amendment, I am for balancing the women who are beginning to reap its about $14 trillion. I want to emphasize, budget, but education is a special prob- benefits and serve their communities. again, we are spending roughly $1.5 lem and you must increase spending for This is really something that I think trillion now. education. If we have to balance the all Americans can understand. If we continue to spend it over 7 budget, you should take it from some- I see other colleagues that want to years, we would spend about $11 tril- place else.’’ They leave. speak here this afternoon. I would hope lion. To balance the budget, we can do In the next week comes the National that we will all understand the impact it and spend $14 trillion. That is not a Association of Hospital Boards of Di- of these cuts when we vote on this cut from what we are now spending— rectors. These are almost invariably measure. I can give the assurance to Social Security is not going to go Republicans, also. They are the town’s

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5035 elite, the town’s 400. They are generous three programs $2,500 over 5 years, and the bill that is currently before us in their charity. They give money to say to the States, ‘‘You spend it as you which would allow the self-employed in the hospital. In they come, and they want on these three programs: Head this country to take a 25-percent de- understand the fastest growing pro- Start, school lunch, and child care.’’ duction for health insurance which gram we have is health and they want But we do not say in each case how they purchase, and 30 percent starting to balance the budget. But they say, much they have to spend on each of in this year, and has said we have cut ‘‘You have to understand that health is those programs. They just have to out the tax on the wealthy and we in a special category. If the budget spend the aggregate $2,500 on those favor the wealthy at the expense of the must be balanced, take it out of edu- three programs. The States that are poor at the very same time that we are cation.’’ They leave. stable, with relatively lower divorce cutting Head Start, and AmeriCorps. I In comes the National Association of rates, with only one person in the say again we are not cutting. He likes the Chiefs of Police, and to them the household working, may not have the to use the term. But we are not cut- most critical problem facing this coun- same child care problems that an urban ting. At the same time we are reducing try is crime and the budgets for their area with illegitimate birth rates of 50 the increase, we are cutting the tax on police department. These people are or 60 or 70 percent and no man around the malevolent rich who flee their normally reasonably conservative, in the household, they may have a dif- country to avoid taxation. also. Probably if they had to vote on a ferent problem about child care. It may First, in this country, if you leave it balanced budget amendment, they not be as critical as it is when you are for purposes of avoiding taxation, we would vote four or five to one for a bal- trying to get a woman off welfare, get can tax you for 10 years. My good anced budget. But fighting crime is her a job, and she has a child and the friend from Massachusetts has said, unique and different and, ‘‘If there is child is 1 or 2 years of age, and she is yes. But for 10 years. You can leave not enough money for everything, we 19 and not quite out of high school— this country and you have what we call should take it out of education and dropped out. She needs child care. unrealized capital gains. Perhaps the health so that we have it for crime.’’ Maybe that State says, ‘‘We are price of a stock goes up. The value goes None of these people are malevolent. going to have to spend more on child up but you have not sold it, and you do Each of these people sees the world care than even what the Federal Gov- not sell it for 10 years. That is an un- through their eyes. Each of them sees ernment might have planned to have usual situation. It is very unusual for it through the programs that they ad- spent on that particular program. But somebody to leave and not touch their minister or are committed to—and are we will spend a little bit less on Head assets for a decade. But if they leave committed to out of perfect decency. Start or a little bit less—not less than this country now to avoid taxation, we Yet, if you do not see the world as they we are spending, less than was planned can tax them for 10 years. see it, if you say, ‘‘Listen, somehow in- to be spent.’’ I will tell you what happened with stead of spending $3,000’’—we are now So the argument will be made, if you this expatriate tax provision. I am spending on the average only $1,500 give these programs to the States, frank to admit it was mostly my error —‘‘we have to cut it to $2,500,’’ which is there is no guarantee that they will in moving too rapidly. The House bill really a $1,000 increase, but in order to have the compassion and the knowl- did not have this provision in it at all. pare down the increase by $500, we have edge and the interest to take care of We were doing what we call the mark- to take a little bit off of the increase in Head Start and school lunch and child up on this bill, and Senator BRADLEY education and a little bit off the in- care the way a compassionate Federal offered the provision to tax the expa- crease in health and a little bit off the Government would. Not only that we triates. We had relatively little discus- increase in crime prevention—each one understand the problems better, the ar- sion about it. We adopted it without of them is mad at you because you did gument goes, so we have to have pro- even a rollcall vote; no hearings; did not see the world as they saw it. grams that have a myriad of Federal not really grasp the significance of I want to emphasize, again, when we regulations that go with them—not what we might be doing. We have done finally get the welfare reform bill on only do we understand them better, we this before in this body. the floor, when we finally get the en- are more compassionate. State legisla- I remember John Williams, who was tire budget bill on the floor—if we ever tors do not care about children, they a Senator from Delaware, Senator get it on the floor—and if we have a do not care about nutrition, they do ROTH’s predecessor, who served here 24 budget that gets us to a balance in 7 not care about Head Start. Governors years, and he and I overlapped by 2 years, spending will be up for health, are callous, backward people who have years. I was elected in 1968 he retired in up for education. It may be down in de- no concern that their children are well 1970. But he used a wonderful expres- fense. It will be up for child care. It educated and well fed. sion once in which he said, ‘‘We make will be up for almost every social pro- That is just baloney. We know it. For more mistakes in haste than we lose gram we know. us to say at the Federal level that the opportunities in delay.’’ Aha, but the opponents are going to Governors and the State legislatures I will give you one mistake we made. say, we cannot guarantee that because do not care about these problems is This tax provision that we put in the you are going to block grant it. By outrageous. They care as much as we Senate bill only applies to American block granting, we simply mean we are do, and they are closer to the problem citizens. We have any number of people going to give to the States some of than we are. who come to this country from Cuba, these programs, with some money, and So let us get over this argument Italy, Poland, Germany, and they are tell them to administer it. about cut, cut, cut. Are there going to legal immigrants. They work here. Let me take the example I have used, be reductions in spending from what we They pay their taxes here. They are these three: Head Start, school lunch, would otherwise spend if we are going good citizens. They participate in life and child care. As I say, we are now to balance the budget? Yes. while they are here. But at the end of spending $100 each year, $300 a year on Will those be reductions from what 30 or 40 years of work, and they have the three of them; over 5 years, that is we are now spending? No. Will they be been very successful and have made a $1,500. But if we did not make any somewhat less than the most wild- fair amount of money, they choose to change in the law over those 5 years, eyed, zealous partisan of these par- go back home. The tug of the home we would spend $3,000. So let us say we ticular programs that they would like country is there for people. So they go. say to the States we will make you a spent on their programs? Perhaps. We They never became an American cit- deal. We think you are closer to the are going to have to ask everybody in izen. They are here legally. There is no people than we are. We think you know this country to share in the reduction complaint about that. They paid their your problems better than we do. The of the increase—not a cut —a reduction taxes; no complaint about that. This problems of Oregon may not be the of the increase. This battle we are bill does not apply to them. They never problems of New York. Certainly, the going to have at another time. became an American citizen. problems of Newport, OR, are not the I mention this only because my good But take the same person from Po- problems of New York City. We are friend from Massachusetts has talked land, or Germany, or Cuba who comes going to give to the States for these about this expatriate tax provision in here, becomes an American citizen, is

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5036 CONGRESSIONAL RECORD — SENATE April 3, 1995 naturalized, decides to go back to the at the behest of or because of the rich or the bankruptcy of Medicare—and home country, they are taxed. We did in this country; this was adopted in that is only 6 or 7 years away—so that not know that. It just did not occur to haste and we did not grasp its full con- they do not have to face that and pay us. sequences. for it because we refused to have the I will give you another example. This In addition, it was not in the House courage or the wisdom or the foresight is at variance of many naturalized citi- bill and the House with a vote on the to attempt to modestly reduce the in- zens; some who fled Cuba or were floor before we went to conference with crease in spending sufficiently to give forced out of Cuba when Castro seized them instructed their conferees not to them a balanced budget. control; in many respects confiscated accept this provision. So the chairman I thank the Chair. much of their property. You had engi- of the Ways and Means Committee and The PRESIDING OFFICER (Mr. neers and doctors coming here in 1960, I have jointly put out a release saying KEMPTHORNE). The distinguished Sen- 1961, 1962 and went to work in the most we want the Joint Tax Committee, ator from Illinois is recognized. menial of occupations here because which is the professional group that so Mr. SIMON. Mr. President, I am they had been driven out of their home well advises the House and the Senate, pleased to speak on the Daschle amend- land and had not yet passed licensure to study this problem, give us a report ment. Let me just comment briefly on exams here, and had no money here. by June 1. We will have hearings on it. the observations of my friend from the And over 30 years they have become There will be legislation enacted. And State of Oregon. very successful. They are the leading the effective date of it will be February It is true that the volume of Senator citizens in the movement to free Cuba 6 of this year so people cannot now get KENNEDY’s remarks does not nec- of its dictatorial control. They will one under the deadline in an attempt to essarily mean that there is virtue to day be successful. Some of them have flee the country at the moment before his remarks, but in this case I believe become citizens, some not. My hunch the law is in effect. there is virtue in his remarks. And be- will be when Cuba is free many of them So the problem will be taken care of. cause my colleague from Oregon will want to return home. That does But it will be taken care of in a respon- speaks in a calm, less passionate voice not mean they are bad Americans, al- sible way. I say again, in this case, in does not mean necessarily that there is though in some cases they have not my judgment we did not act irrespon- virtue to everything he had to say, taken out citizenship. But it means sibly. We did not act malevolently. We some of which I agree with, some of they want to go back to their country just did not grasp the consequences of which I do not. That we should provide when it is freed. what we were doing. tax breaks for the self-employed in Are we going to tax them? Are they So I hope that the debate and the dis- their health insurance we agree com- leaving for tax reasons? Are they leav- cussion would not be one of rancor and pletely. ing for patriotic reasons? Our bill taxes class warfare, that we are excusing the When my colleague from Oregon says them no matter what. How many occa- rich, and in order to do that we must that this particular tax break is de- sions have we had where citizens all eliminate programs for the poor. That signed so that we have equal protection over this world have had to flee their is not the debate over this issue. It is a for everyone, the poor and the rich country and go into exile for 5, 10, 15 debate over equal protection of the alike, it is true that if you are either years because of a repressive govern- laws, and under the equal protection of poor or you are a millionaire and you ment at home and they could not re- the laws everyone in this country is to move to the Caribbean and you re- turn until that government became be treated equally—the poor, and the nounce your American citizenship, you free? And then they go home. How are rich, and you do not suffer a particular can get this tax break. But there are they to be taxed? We did not consider penalty solely because you are rich. A not going to be very many poor people it. penalty that may—I emphasize ‘‘may’’ who are going to take advantage of I will give you another example. A because we do not know—be unwise, that. This is designed for those who are wealthy father sets up a trust for his may be unfair, may in some cases vio- more fortunate economically. grandson. The grandson marries a for- late international treaties that we When my friend argues that all we eigner, perhaps met the foreigner when have agreed to. We are not sure. have to do in the future to achieve a the grandson was a student overseas or I hope we can adopt very soon the balanced budget is to restrain spend- in the military overseas and takes out conference report that we are dis- ing, he is correct. If you assume and we citizenship in that country. The grand- cussing so that roughly 3.2 million self- were to pass, we were to pick up one father is still alive. The trust is rev- employed working Americans in this more vote for a balanced budget ocable. Is the grandson, when he leaves country will know whether or not they amendment, if we had no cuts in inter- this country, taxed on what we would can take a 25-percent deduction for est rates—and every projection, CBO, call the corpus, the amount of that health insurance premiums that they Data Resources, all of them say we will trust, even though he has not gotten it buy for themselves. They are not em- have reduction in interest rates—if we and may not get it? We do not know. ployed. Their employer is not paying were to have no changes in Social Se- We did not consider that problem. No- for this. They pay for it. The longer we curity, we could increase spending 1.7 body raised that problem. delay, the tougher it is going to be for percent a year between now and the I will give you another example. A them to know whether or not they can year 2002 and achieve a balanced budg- person works here all their life. They make this tax deduction, which is now et. So that argument by Senator PACK- are very successful. The employer for going to have to be filed in just 12 more WOOD is absolutely correct. whom they work has been putting days. I serve on the Budget Committee. I aside money in their pension plan. Fi- So I thank the Chair. I hope we can want us to use not what we call nally, the accumulated pension plan conclude this debate not in a tax on euphemistically the current services with the interest and everything on it the poor or a tax on the rich or an ar- budget but where we are now. That is is significant and the person is to get x gument that the provision is a tradeoff how a family does it, as Senator PACK- amount of dollars a month from the so we have to cut programs for the WOOD says correctly. time they retire. He retires at 60, and poor. It is not that. And when this But the Senator from Oregon is in- goes back home. It is an American cit- whole debate on spending and welfare correct when he said these are not izen. I think the way this is drawn that and block grants is over, I hope it will cuts. What he said, if he were making corpus, that amount in the pension be very clear to America that no one is a speech on the 1996 budget, would be plan, is taxed immediately. I think. I cutting programs for the poor. The accurate. In the rescission, what we are am not sure. Then I think the pay- question is are we willing to somewhat saying to groups is we are giving you ments are taxed also when you get restrain the increases so that we might the money. Indian housing, we have your pension. Did we intend that or did achieve a balanced budget, so that told them we have appropriated X- we not intend that? I am not sure what those very children we are talking number of dollars—I do not know the we intended. about now do not face the possibility of amount—for desperately needed hous- I say this only to attempt to amelio- bankruptcy of this Nation or the bank- ing on Indian reservations, and now we rate the argument that this was done ruptcy of the Social Security System are coming along saying we are taking

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5037 back $100 million of the money that Goals 2000. We hear a lot of talk we need a balanced budget amendment you received. And you look through around here how we are going to help and that we ought to start from a zero this. the States. Goals 2000 says to the base and not a current services budget. To AmeriCorps, Senator DASCHLE States you set your standards, you es- My hope is, and my belief is, that Sen- will restore $210 million, overwhelm- tablish the program, and we will pro- ator DOMENICI is going to do that with ingly supported by the American pub- vide some assistance. We cut back on the Budget Committee this year. lic; 90 percent support the idea. The that. But, I think it is a mistake to cut Los Angeles Times showed 60 percent Safe and drug-free schools. Cut back back, particularly in this area of edu- of the people who call themselves con- $100 million out of $472 million appro- cation. servative support the idea. priated. We are going to solve the prob- I note on the floor the presence of the Republican Governors. Montana’s lem of crime not just by building more Senator from Vermont, who has been Governor says: prisons but by drug treatment pro- rightfully telling us for some time we While balancing the budget, fighting man- grams, drug prevention programs, edu- ought to be spending a higher percent- dates, and streamlining government, I am cation programs—very much needed. age of our budget on education. committed to this community service pro- Head Start. Every study shows Head gram for Montana. Start pays off in this country. And just It is very interesting, as interest has grown because of the deficit, we have Michigan’s Governor: about every Head Start program has a waiting list of young people to get into spent less and less on education. In fis- AmeriCorps captures the promise found in cal year 1949, believe it or not, 9 per- all its citizens, young and old, who see prob- the Head Start program. lems in their communities and work to- I visited the Head Start program in cent of the Federal budget went for gether to solve them. Rock Island, IL, where, like every Head education. Today, 2 percent of our Massachusetts’ Governor: Start program, they have a waiting budget goes for education. We will spend 11 times as much this year on Governors of both parties have shared my list. In Rock Island, IL, on Monday enthusiasm for national service. morning, one group of children come the gross interest expenditure as we will spend on education. Title 1 helps poorer people, the dis- in; Tuesday morning, a second group advantaged. The reality is we do not do comes in; Wednesday morning, a third Mr. President, I hope we will adopt a very good job in the field of edu- group, and so forth. the Daschle amendment. This should cation in disadvantaged communities. I I asked the woman in charge: What not be a partisan matter. I think it am not saying all education in dis- would it mean if you could have the makes sense. I hope we will do the advantaged communities is terrible, same children in here not just 1 day a right thing for the future of our coun- but it needs a lift. week but all week? She smiled and try and vote for it. It is very interesting that Sweden, said, ‘‘You can’t believe the difference Mr. President, I yield the floor. which does not have the income dis- it would make in their lives.’’ Mr. JEFFORDS addressed the Chair. We save money by not funding Head parities we have in the United States, The PRESIDING OFFICER. The Sen- Start so that all young people who spends two to three times as much for ator from Vermont is recognized. need the help can get into it, but it is education in the disadvantaged areas extremely shortsighted. PRIVILEGE OF THE FLOOR as in the more affluent areas. We do The WIC Program; every study shows Mr. JEFFORDS. Mr. President, I ask the opposite. it pays off tremendously. That is the unanimous consent that Cory Heyman, I was on a call-in program this morn- health program for women, infants, a Jacob Javits fellow in my office, be ing with station WILL in Champaign, and children. granted floor privileges for today’s pro- IL, and a faculty member of the Uni- School-to-work. I heard Gov. Tommy ceedings. versity of Illinois got on the phone and Thompson from Wisconsin—and, as the The PRESIDING OFFICER. Without he interpreted my remarks as being Presiding Officer knows, he is a good objection, it is so ordered. negative about American education. Republican Governor—I heard him Mr. JEFFORDS. Mr. President, I But he made this significant observa- praise what we did in school-to-work. would like to talk to my colleagues tion. He said some of the finest stu- We are spending a huge amount of our about the rescissions bill and also, in a dents we have come from the Chicago education dollar for those young people broader context, about the situation suburbs. who go on and get a bachelors degree, with respect to education in the coun- The Chicago suburbs. Not the city of but 75 percent of our students do not do Chicago, where the need is so great, try. that. School-to-work is designed for ev- I am going to run through a rel- where, frankly, we are not spending the eryone, but particularly for those who money. If there is any question about atively large number of charts today, are not going to go on to get that bach- each of which is very significant and the value of title I since it was enacted, elor’s degree. There was $30 million cut the gap between black and white stu- with a great deal of information in- out of that. volved. As time progresses through the dents has narrowed significantly. For Year-round youth training, under the 9-year-olds, the gap in achievement spring, I will go over each of these JTPA Program, cut $100 million. With areas in greater detail. test scores has closed by 18 percent in the kind of youth unemployment that math and 25 percent in reading. But I think now, as we begin talking we have, I do not think it makes sense. about the rescission bill, it is impor- This program works. And this is a Immigrant education. I hear a lot of tant that we examine the cuts in the program we are going to cut back on if speeches that we ought to make critical area of education. we do not adopt the Daschle amend- English the official language around ment. The dropout rate for 16- to 24- here. I do not know what it would When it becomes necessary to cut, it year-olds has declined significantly for mean, incidentally. Would that mean is easiest when everyone holds hands all students, from 17 percent in 1967 to you cannot get a translation if you are and says, ‘‘Oh, let’s take our cuts and 11 percent in 1993. The decline in the in court if you speak Chinese or Span- suffer together.’’ However, in some dropout rate has been even more dra- ish or some other language? cases, cuts may exacerbate the deficit matic for African-American students, But it is interesting that when we problem, not ease it. Education is a going from 28.6 percent in 1967 to 13.6 come up for immigrant education to critical item in this regard. percent in 1993: even with the present have classes so that people can learn Earlier this year, business represent- appropriation that this rescission the English language—and that is real- atives from the Business Round Table, would cut back without the Daschle ly the way you make English the offi- the National Alliance of Business, amendment, 13 percent of high-poverty cial language, let people learn the lan- NAB, and the chamber of commerce ap- schools will receive no funds at all. In guage, and we ought to do that—we are proached me with concerns about the the city of Chicago, the Chicago school cutting $8.8 million out of that. state of the work force and its ability district, you have to achieve 56 percent I believe that the amendment by Sen- to meet the increasing effective inter- of poverty in your school before you re- ator DASCHLE is a sound amendment. national competition. ceive any help. Clearly, a needed pro- I agree with Senator PACKWOOD and I As a result, this Wednesday, a sum- gram. agree with our Presiding Officer that mit will be held here in Washington

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5038 CONGRESSIONAL RECORD — SENATE April 3, 1995 with business and education leaders, this next chart. This is the one which literate, have an extremely difficult parent and student representatives, shakes me up the most. time finding employment. and political leaders. This one says that over half of the But as this shows, if you get a bach- I would like to share with you today high school students in this country elor’s degree your earning potential al- the facts I will share with them on who graduate are functionally illit- most doubles; if you go up to a mas- Wednesday. It is my hope that, when erate. That means they are unable to ter’s, it will double again. The point is you review this information, you will perform basic tasks to get a job. if we do not have an educated popu- agree that cutting educational funds That is so startling to me that I can- lation, if you are not well educated, could be most counterproductive to not help but wonder whether or not you have a very limited earning poten- deficit reduction and for our future. this Nation is going to survive if we do tial. When the Berlin Wall came down, we not do something. Let us take a look now at the dif- all breathed a sigh of relief. But as we The business community is deeply ferences this means in the standard of were beating against the wall over the concerned about this. In fact, there was living in this country. As I indicated, decades since World War II, our eco- a report that came out a few weeks our education has not kept up. Our nomic competitors were beating us in ago, which was reported in the New competitors are beating us. This is a entering into the evolving markets York Times and elsewhere, which indi- chart which is used over and over again around the world. They now stand cated that businesses do not even both- to show that in the last 20 years or ready to meet the demands of the new er to interview high school graduates more, the person who drops out of high markets of Asia, Eastern Europe, and anymore. It is not worth their time. school has seen a decrease of 35 per- the rest of the world. They are not educated enough. What cent—I repeat, a decrease of 35 per- Ours remains the most productive business does then is spend some $200 cent—in their real income. economy in the world, but our failing billion a year to train and educate If you only have a high school di- educational system and the inability to their workers. I will show a chart later ploma, you have seen an 18-percent de- provide the necessary work force for which illustrates the costs associated crease in your median family income, our industry is seriously threatening with a well-trained work force. and if you had some college but did not our edge and our economic future. Let us take a look at where we stand. graduate from college, there has been We established a goal under Goals 2000, Most worrisome is that the gap be- an 11-percent decrease over the last 20 that everyone shall be educated at tween our level of learning and that of years in your standard of living. Only least to meet certain basic standards. our major competitors is increasing— those who went to college and beyond We set forth a curriculum and stand- that is, it is getting worse—not de- have seen an increase in their standard ards in the 1983 report, ‘‘A Nation at creasing. Especially in the critical of living over the past 20 years. That is Risk.’’ In 1990, only 22 percent of our areas of math and science, American a sad commentary on where we are. children trail their counterparts in Eu- high school graduates were adequately rope and Asia. And they are losing educated in the recommended core cur- I think it is important that we keep ground. riculum. this in mind and recognize that we Let us take a look at the status of We have a serious problem. Yet, we have to improve the educational sys- our education. I would remind every- have a hard time convincing many of tem. In a few moments, I will go on to one that in 1983, Secretary of Edu- that. I found myself going to my own explain what must be done and how I cation Bell, under the Reagan adminis- local high school and asking the ques- hope we can accomplish it. tration, set forth ‘‘A Nation at Risk’’ tion: Now let us get to the area we are dis- and analyzed our educational system, ‘‘How are we doing?″ cussing today and will be discussing in analyzed where we stood in the world And they said, ‘‘We’re doing fine.’’ the next few months, and that is, what and declared that this Nation was at Then they told me, ‘‘Well, our kids does the budget do, what impact does it serious risk. In fact, he went on to say, now are taking calculus and some of have on our future budgets? What we in words of this nature, that if an them are taking it in their junior find on this chart is that over half a enemy of this country had forced upon year.’’ trillion dollars in costs are suffered by us the educational system that we have I said, ‘‘Wow, that’s great, I didn’t this Nation because of a failed edu- in this country today, we would con- get it until I was in college.’’ cational system. sider it an act of war. However, the problem with that is if Let me run through these figures. It Since that time, 1983, a number of se- you are in Taiwan, Japan, or other costs $225 billion to our businesses each rious reports, documents and books areas, you are getting calculus in your year—$225 billion each year—for reme- have been written, all saying the same freshman year. And one wonders why dial education, to teach the young peo- thing. We have had two summits since we are so far behind. ple the things they should have learned then. We established goals in 1989, I think the only way we can get peo- up through high school, and for skill which were adopted this past year, to ple to understand is to show the impact education, the things that they need to determine where we must be in order it is having upon the Nation as a have to hold a job which will help us in to be competitive in the international whole. I feel in this Nation, we have a our international competition in order world. tendency—I know I do—to compare our to increase our Nation’s productivity. I think this first chart that I will school system with the one in the next We spent $208 billion for various wel- show you, chart A, kind of says it all county or our State with another fare expenditures in this Nation. This with respect to where we are with the State, but we fail to compare it with is yet another reflection of what hap- rest of the world in those critical areas those of our competitors. pens when people are not sufficiently of math education. Look at it. You can If you take a look at this chart, and educated. There are some 80 million hardly even see it is on the chart. you will see as we go through these functionally illiterate individuals in But the most startling aspect of this charts, if we do not have an educated this country who cannot fully con- chart is to look at who No. 1 is— population and if you as an individual tribute to our economy; $43 billion is China—China, by far. And when you do not have an adequate education, you the cost of crime to our society; incar- consider that it has a population of will not have an adequate earning ca- ceration costs anywhere from $20,000 to nearly 1.2 billion people and when you pacity in this Nation, to give you the $60,000 per inmate, money which could consider the serious deficit that we kind of lifestyle you desire. be put to better use. Money is not the have in our trade with China, can you This chart basically shows that edu- only way we suffer from crime; it also not help but be concerned that this is a cation means a job, and the more edu- poses a danger to our society. Yet when serious problem. cation you have, the more money you we recognize that close to 80 percent of But if you do not like that one, if you are going to make during your life. It the people incarcerated are school do not care about the international also indicates that about 25 percent of dropouts, it indicates how extraor- scene, if you do not think we have to the people who are school dropouts, dinary the impact of education is on worry about our market, take a look at many of whom are also functionally il- our society.

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5039 We have $200 billion for expenditures Title 1. That is, again, an educational far between. I have seen much more on our citizens for lost productivity as program for low-achieving students in that indicates to me the frightful di- well as, I mentioned, training. high-poverty areas, to help bring them rection that our educational system is What I want to point out is if we de- up to par. Funding this program fully taking. crease our expenditures in education, would be another $12 billion a year. Mr. President, it is up to us in this then we increase the social costs and in Special education. I was on the com- body, in the Congress, to ensure that turn our deficit will grow. But equally mittee that wrote the special edu- we do not do what is so tempting in important—it is not shown on this cation law in 1975. It was a necessity. these times of strife, and that is cut chart—is that if we did not have to pay The courts ruled that every child in education along with other programs. for these undereducated individuals America is entitled to an appropriate We should do all we can to make sure and if there was not the drain on the education. We wrote the law that es- that we bring education to a capacity economy their lack of education tablished the national criteria to make that will meet our needs in the next caused, we would actually have $125 sure that people would be in compli- century. Mr. President, if we do not billion more in revenue. ance with the Constitution. We said we help our kids, then this country will So when we cut back on education, would fund it at 40 percent of the total fail. I feel very strongly, as chairman we run the risk of not only increasing costs of special education in the coun- of the Senate Subcommittee on Edu- social costs but also decreasing the try. If we were funding it at 40 percent cation, that I have a responsibility to amount of revenues we will have at our right now, many educational needs make sure this body is aware of what disposal. would be met and schools would not be must be done. Let me go on and talk about the in the dire circumstances they are in. I yield the floor. basic question which is relevant to the Some 44 States are in crisis, as far as Mr. KENNEDY addressed the Chair. area of the deficit. funding education. That would cost us The PRESIDING OFFICER. The Sen- There are people who will say—and another $11 billion a year if we were to ator from Massachusetts. they are correct—that lack of money is fully fund the needs for special edu- Mr. KENNEDY. Mr. President, I want not necessarily the problem and, in cation—the funds that we promised our to, at the outset, commend my friend many cases, this is true. We spend Nation when we passed that law many and colleague from Vermont for the more than any other society does, as a years ago. focus and attention he has placed in percentage of our gross national prod- To reach full funding for all three the area of education. I think all of us uct, on education. But what we do not categories, it would require another $31 in this body know that he has been a do is get our kids to learn as much as billion a year. That is to increase costs real leader, along with my friend and other young people do in this world. in programs that everybody has agreed colleague from Connecticut, Senator Let us take a look at one of the areas are essential and necessary to edu- DODD, in trying to bring a much great- that should graphically display why we cation. er focus and attention about the impor- are behind our international competi- Mr. President, in conclusion, I want tance of the total investment in edu- tors. The only thing we need to look at to say that we are faced with serious cation as a national priority. He has in this country is the number of hours problems with respect to the deficit of been prodding this institution—and I our kids spend watching television. this Nation. We know that we have to know the appropriators—to try to give Look at that chart, it shows that we bring down the cost of Government. that major focus and attention. have far outpaced all of the other chil- But it is important to remember the dren in the world by the amount of importance of educational funding as As chairman of the Education Com- time they spend on education, and yet we go forward. Right now, 50 percent of mittee now, he continues his work, not we have the least amount of time spent our young people do not have the basic only in attempting to shape and re- on homework. requirements of education to meet the fashion existing programs more effi- Yes, the problem is not just nec- demands of this Nation in order to be ciently, but also in terms of the prior- essarily money. There is no question ready for a job. That is intolerable. ities of investing in education. I wel- about it. A lot has to do with parents, Take a look at international com- come his strong and clear statement. It a lot has to do with our culture, which petition. People out there are seizing is a very important statement. I just sometimes puts leisure time and TV our markets. At a time when markets want to say that it is one that should ahead of homework. are expanding rapidly in Asia, Eastern be listened to. Let us take a look at the next chart. Europe, and central Asia, we are not I think during the course of this The next chart I want to point out is ready and will not be ready unless we week, after the disposition of the con- that even though we expend a lot more change right now the priority that edu- ference report, which I expect to be money than other countries do on our cation receives in this Congress and in done in a very short period of time, we education, there are still areas we all the country. will be back on the broader issues of agree are important and yet there are As I said, we will be having a summit Senator DASCHLE’s amendment and dire insufficiencies. For example, pro- meeting this week on Wednesday and Senator DOLE’s amendment; and then, grams that assist lower-income indi- we will have leaders from all over the if those are not successful, as I under- viduals. country who will be examining what stand it, there will be additional oppor- First of all, studies show that early we should do as a country to ensure tunities later in the week to focus on intervention helps. A Michigan study, that our work force is ready for the different parts of the composite amend- which was a 20-year longitudinal study, next century and that our industry, ment, and in particular on education. indicates that although kids will catch which has provided us with a bountiful So we will have some opportunity to, up in educational aspects, many who living over many years in the past, will in a more exact way, address the prior- suffer for special education needs, will be there when we need it. ities of education. I certainly am hope- suffer social misadjustment. Yet all of On the positive side, I note that re- ful that we can reflect in our ultimate those problems decrease substantially cently we had six young men that were rescissions bill some of the priorities if you have a program like Head Start involved in an international math com- that he has talked about. preschool education. petition. They not only came in first, Mr. President, I wanted to just take I remember when I first came to the but they had perfect scores. But as I a few moments of time to address some Senate. A group of CEO’s came to my pointed out earlier on a chart, it is the of the points that were made by my office. I thought they would talk about average that counts. Our average is friend and colleague, the Senator from tax relief, but they said the thing we among the worst, not the best. Oregon, about the various cuts that need to do right away is to fully fund Mr. President, I have traveled to cit- were being proposed and the impact Head Start in order to get our edu- ies and around this country and I have there was going to be in terms of real cational system up to par. I will never found programs that swell my heart people across the country. forget that meeting because it made with pride, and I feel that there is hope I think there was reference made to me fully aware of the educational and there are ways that we can suc- the various provisions of the under- needs of this Nation. ceed. But those examples are few and lying amendment, which is the Daschle

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5040 CONGRESSIONAL RECORD — SENATE April 3, 1995 amendment, which brings some res- that can be charged for a full-price There is no flexibility built in for the toration of the funding, or at least does meal. Some 25 million children partici- economic emergencies, whether na- not eliminate moneys that were au- pate in the School Lunch Program—at tional, State, or local emergencies, and thorized and appropriated. As I think different levels, obviously, in terms of regardless of their nature. We will have the membership understands, we are the support. repealed the entitlement nature of the not talking about additional appropria- During the last recession, the num- program, replaced it with a cap amount tions. We are talking about appropria- ber of school children receiving school of funding containing no adjustments tions that have already been made and lunches increased by 1.2 million. for changes in the economy, population now are being diminished, or have been We are now, even on the school lunch growth, or food price increases. targeted for reduction by the rescission programs that are talked about in the House, that slack will not be picked up Some supporters of the block grants program and the amendment which proposal try to make the argument will be before the Senate again this automatically in the School Lunch Program, but will be up to the whim of that the block grants provide more afternoon, which will restore some of children with school lunches. This is that funding in some of these key the priorities in the various States. If we look at what has happened in simply not plausible. To take a pro- areas. gram that automatically provides The Senator from Oregon was point- the States, particularly with regard to schools with reimbursement for each ing out that really these cuts are not children over the period of the last 10 child’s meal based on a family income really so bad because they are not real- years, 3 million more children are liv- and replace it with a program that does ly cuts, but they are a reduction in the ing in poverty in the last 4 years. No not guarantee each child a meal, that increase in expenditures. I know that is one can have a great deal of satisfac- does not adjust the funding based on perhaps the desire of some and perhaps tion that they are the ones whose needs the number of poor or low-income chil- the intention of a number. But the fact will be attended to. Currently, as the number of children dren needing lunch, that does not ad- of the matter is, particularly when you eligible for free and reduced-price just for food price growth, is a cut in take a look at what is happening over meals increases, the amount of Federal the program. It is a cut in the program, in the House of Representatives, it is funds spent on the program increases. any way that you look at it. the Senator from Massachusetts talk- That is because we made a decision ing about real cuts; it is, for example, If the number of poor and low-income that meeting the nutritional needs of the CBO that talks about some $7 bil- children who need a school lunch grows children is in our national interest and, beyond the funding that is authorized, lion in current services, cuts in terms therefore, all children who are eligible of the total nutrition programs, their children will have to be denied a free for a free or reduced-price lunch will be lunch or be required to pay more than estimate in terms of the nutrition pro- offered one. That fundamental national grams. The Food Stamp Program they can afford, or receive an inferior commitment has been altered or lunch. Or maybe those who can pay would be cut some $21 billion over the changed with the Republican block will pay two, three, or four times as next 5 years. grant proposal. much as they do pay now, the sons and So I think that, quite frankly, these With the block grants proposal, it are more than just a reduction in in- says, well, we will leave it up to the daughters of working families, as well. creases. You are going to have some States. We think the States will do Then we hear, well, there is more real impact and effects in terms of that, but we are not saying, as a mat- money in this program. More money what is happening in the local commu- ter of national policy here in the Sen- compared to what? Compared to what nities. That is what I am getting when ate of the United States, that that is CBO estimates is necessary to continue I travel around my State of Massachu- going to happen. providing lunches to all school children setts from people who have been work- We might expect they will, we might who need them, like we do today? ing in the vineyards for a long period of hope they will, but we are not pro- time and have a good understanding No. According to the CBO, in fiscal viding them either with the resources year 1995, all child nutrition programs and awareness of the various programs to do it or the guarantees that it will are funded at about $11.6 billion. It is and what they mean in terms of the be done. local communities. That is a major difference. We can $7.6 billion for child nutrition programs Of course, when we talk about Head quibble about all that we want in like school lunch, school breakfast pro- Start programs, as my friend and col- terms of what is happening, but the gram, summer food service; $400 mil- league from Illinois pointed out, we are fact of the matter is, children will not lion for commodities; $17 million for only talking about 35 to 38 percent of get that fundamental guarantee, which special milk; $3.4 billion for WIC. Fund- the total eligible children who are re- is so important. ing would drop to $11.3 billion in fiscal ceiving it. We are very far behind the As I mentioned, the House proposal year 1996 under the House Republican curve. reverses that decision. Instead of guar- proposal; $6.6 billion for the school- I think the Senator from Vermont re- anteeing every child a hot lunch—sub- based nutrition program and $4 billion viewed that in greater detail, as well as sidized, of course, for those who cannot for the family nutrition block grant. some of the other education priorities, afford to pay for lunch—the House bill That is a $300 million cut, without such as the school nutrition programs. caps the amount of funds available for even looking at inflation, without even Currently, schools participating in school-based nutrition programs, in- looking at the 5-year numbers, without the lunch program are reimbursed for cluding school lunch. even looking at the fact that beyond every lunch served to a child. Children So if the Republican position pre- food price growth, the school age popu- from families with incomes at or below vails, there will be no guarantee that a lation itself will grow by 4-percent to 6- 130 percent of the poverty level are eli- hungry child will be fed at school. percent during the next 5 years. And gible for free meals. Children between There is no guarantee of that. There is the 4 percent to 6 percent growth does 130 percent of poverty and 185 percent now. That is a fundamental difference. not include adjustment for any type, in of poverty are eligible for reduced-price Once the funds are used up by the the event that the economy slows down meals. Children over 185 percent of pov- States, that is it. Children are not or unemployment increases. erty pay full price. guaranteed a lunch. The School Lunch Program operates In fact, since the nutritional stand- Mr. President, I just cannot accept in 95 percent of all public schools, rep- ards will be repealed if the House posi- that this is just a reduction here on the resenting 97 percent of all public school tion prevails, the children fed will not funding of programs that are meeting children. The cash reimbursement meet the basic nutritional standards. our needs. They just are not doing it. rates are $1.75 for each free meal, $1.35 We are not only repealing the guar- That is true not only on the nutrition for each reduced-price meal, and 17 antee, but we are repealing the nutri- programs, but also on the other pro- cents for paid meals. tional standards. grams. While reduced-price lunches must As we pointed out before, the sav- I talked about the school lunch pro- cost no more than 40 cents, no limits ings, so to speak, are being used for the grams. And the rescission bill will re- are imposed on the amount of money tax cuts. duce, in addition to the $2.5 billion cut

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5041 from child care programs over 5 years health costs in the long run by reduc- Both the House and the Senate re- in the House bill, will deny 378,000 chil- ing the incidence of infant mortality scission packages hit at-risk youth dren child care. and low-birthweight babies. very hard: 80 percent of funding for There are only 750,000—this is part of Since its inception, the WIC Program year-round youth programs—the prin- the child care program, very small has been a stunning success. GAO has cipal training and employment assist- child care return—but looking at the found that it has saved $1 billion—$1 ance for poor out-of-school youth— current situation, only 750,000 out of 8 billion—in medical expenses through would be cut. Overall youth funding million children eligible for child care the age of 18. We have spent $300 mil- would be cut by about 40 percent, and currently receive assistance. lion and saved $1 billion. If that is not the number of youth served would be Many States have waiting lists for a wise investment for our Nation’s reduced by over half. The impact of child care assistance that are simply children, I do not know what is. these rescissions is compounded by the astounding. GAO found waiting lists of Yet as many as 70,000 fewer children likelihood that the cuts may be perma- 40,000 children in Texas and 255,000 chil- will be served by the WIC Program nent, meaning that for the next several dren in California, taking as long as 2 each month over a 12-month period as years close to a million fewer youth or 3 years to get help in those States. a result of this unjustifiable cut. each year will be served. During 1993, Florida and Illinois each We are talking about, here, really is We are in the process now of working reported waiting lists of 25,000 children. basically investment in children and to improve many of the youth training A recent report by the Urban Institute good quality care. We are talking programs. We have 400,000 children found that it can take 5 years to get a about WIC. We are talking about the every year who are dropping out of our child care slot in San Francisco. Bir- Head Start Program, chapter 1, the high schools. They are a source of un- mingham, AL, alone has 5,000 families drug-free schools. These are the pro- rest in many of our local communities. on a waiting list. grams we are trying to restore. We have woefully too few programs The idea that people can come to the As I mentioned earlier in the course or efforts to try to reach out to these floor and say, ‘‘We are cutting the ex- of the day, at a time when, evidently, young people. What we are trying to isting child care program,’’ that it has we have seen the loss of $3.6 billion, work through now, with Senator gone through the appropriations—we that has been lost somewhere in that KASSEBAUM, is to utilize the school-to- are trying to just have a very, very, conference, hopefully to be recovered work programs for the 70 percent of the modest return of a child care program, at an early time, many of us are out children who do not go on into higher based upon those kinds of needs. here trying to restore these programs education. We want to work with the Try to find, for working families in which are lifelines to the children in private sector in a partnership to move my State of Massachusetts, child care this country, it underscores the impor- these young men and women into em- for $5,500. You will be lucky in any part tance of the Daschle amendment. ployment and also, as you develop of the State. Some are more costly in In a March 7, 1995, Boston Globe edi- those programs, to try to reach out to a number of communities. At the same torial, Prof. T. Berry Brazelton of Har- a number of the young people who may time, we are putting pressure on these vard Medical School wrote: have dropped out of schools to bring same parents to move out of a welfare Simply put, WIC works. And it works be- them into the process as well. situation—they may have small chil- cause it has forged an effective combination If you emasculate the existing pro- dren and they want to work. of state and federal involvement. The states grams, our chance to once again reach We have to ask, what is happening to administer the program, but under strict fed- out to young people who are basically the parents when they are not able to eral guidelines that ensure high nutrition those at the highest risk in terms of get child care? They are either not get- standards, clear focus and consistent impact. the criminal element in our society ting jobs or they are locking up their The risk in our rush to right our nation’s fis- cal house is a loss of the very guidelines that will not come to fruition. It is serious, kids, or they are getting completely in- have made WIC so successful. important, bipartisan efforts that are adequate coverage for their children. Quality child care creates oppor- Berry Brazelton, for those who have being worked through now. It seems, tunity and increases productivity—not not either heard of him or read his ar- with the dramatic kinds of cuts that just for one generation, but for two ticles, or listened to him on interviews, are suggested here, we will basically generations. everyone who knows of his work with undermine, in a very significant way, The GAO recently reported that as- regard to children—he is really the Na- some of the very useful work I think sistance with child care makes it much tion’s favorite pediatrician. He is just can still take place. more likely that low-income mothers an extraordinary human being who has Mr. President, I know others want to will be able to work. And no wonder. appeared before our committees over a speak on the floor on these measures. The costs of child care consume over a number of years and his words should Let me just say I am very hopeful we quarter of the income of poor working be carefully considered and measured will move towards the completion of families, as compared with just 7 per- and, I think, adhered to. the conference report, that we will cent of the income of nonpoor families. Dr. Louis Sullivan, Secretary of have an opportunity to vote on a reso- Without child care assistance, it is vir- Health and Human Services in the lution, which will hopefully be sup- tually impossible for many poor par- Bush administration, said in a Wash- ported by Republicans and Democrats ents to go to work. What is happening ington Post article: alike, that will address the tax loop- out here is they are cutting back on . . . Among my concerns...is that we hole that has been identified and which these programs even more. may inadvertently strip programs of the na- was addressed by the Finance Com- Child care is not about giving parents tional standards and guidelines that make mittee earlier. I hope that we will be them work. In the case of WIC, nutrition re- a blank check. It is about giving them afforded that opportunity, and that Re- quirements guide the program toward better publicans and Democrats together will a fair chance. Cutting children makes health, and Medicaid savings, while avoiding no sense. It will only pass the real life the potential confusion associated with cre- work to support that resolution. tragedy of dependency on from this ating a complex web of fifty state rules. Our As we have heard, the majority lead- generation to the next. children’s health is not defined by state er and others, Republicans and Demo- Families cannot afford that—and nei- boundaries. Our nutritional standards should crats, say it is their desire to address ther can we. That is why I support the not be either. it. I am more than glad to do it. It is restoration of funding for child care as- He makes the point good nutrition in a sense of the Senate that: sistance for working families in the schools, the WIC programs, are matters The Congress of the United States shall act Daschle amendment. of national responsibility. The WIC as quickly as possible to amend the Internal The Senate rescission package also Program, as I know our Members un- Revenue Code to end the tax avoidance by cuts $35 million from the WIC Program, derstand, has been something that has U.S. citizens to relinquish their United which provides nutrition assistance to been enormously important. There is a States citizenship. 7 million low-income women and chil- very modest return in the Daschle And the effective date of such amend- dren. It has long received bipartisan amendment for that particular pro- ment to the Internal Revenue Code support, because it saves money in gram. should be February 6, 1995.

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5042 CONGRESSIONAL RECORD — SENATE April 3, 1995 That statement has been incor- that every adult has 13 billion brain grams. We should never think in terms porated by the majority leader, the cells in the cortex, and 10 billion of the of tax cuts here for billionaires who chairman of the Finance Committee, 13 billion develop in the first 5 months have made their wealth in America and the Senator from New York, and others in the mother’s womb. then renounce their citizenship in on the Finance Committee as they de- However, there is as much as 20 per- order to avoid taxes. It is almost a sire. I hope we could either act on this cent less cellular development of those treasonous kind of activity in this Sen- resolution or a joint leadership resolu- brain cells resulting from the lack of ator’s mind and never should be dig- tion of the majority and minority lead- nutrition, the lack of synthesis of nified or recognized in law as a worthy ers that would incorporate that con- those nerve cells, and the lack of pro- project when we are going around cut- cept. tein. It is much like taking a television ting spending. I do not believe there has to be addi- set off the desk here and dropping it on the floor, putting it back here, and I am for cutting spending. I am for tional debate and discussion about it. freezing spending. I am for closing We have had a chance to talk about it. turning it on. The hundreds of wires of circuitry do not join, do not connect. loopholes, and I am for taxes. I have Let us set a time to be able to do it. challenged this body and all Senators Let us send a message at the time that And in the field of brain medicine, they call that organized or general brain to give me their realistic budget plans we are going to be debating the rescis- since January. I will never forget the sion package and the Daschle amend- damage. That child is stultified in the first 5 months in the mother’s womb distinguished chairman on the House ment that we can afford to cut these side of the Budget Committee, Con- programs for children—WIC, the school and comes into this world with or- ganic, or generalized, brain injury, gressman KASICH. On December 18, 1994, lunch, the Head Start Programs—but on a national TV program he came on we still cannot agree to close the loop- lacking an ability, if you please, to concentrate, to assimilate, to be educa- and said, ‘‘Don’t worry about it. We hole that is worth $3.6 billion. don’t care what the President puts in. I think the American people just can- ble in the fullest of senses. So I joined with Senator Humphrey We have three budgets before us. We not and will not understand it. I am are going to introduce them. But be- very hopeful that we will be able to do after he came out of the Vice Presi- dency back into the Senate. I was not fore we have tax cuts in January we it. are going to have the spending cuts and Mr. President, I yield the floor. on the Agriculture Committee at that have this budget.’’ Mr. HOLLINGS addressed the Chair. time. But we talked of this problem The PRESIDING OFFICER. The Sen- that we had in women, infants, and Well, it is now April. It is going to be ator from South Carolina is recognized. children’s feeding. We found out that if May or June before they get around to Mr. HOLLINGS. Mr. President, let we rendered protein supplements for specifying their cuts. I met that par- me commend the distinguished Senator expectant mothers, which now cost in ticular challenge in January. I worked from Massachusetts for what he is the vicinity of around $400 over the 9- with the best of minds. I have intro- talking to now of fundamental pro- month period, we could save prac- duced a list of cuts in the CONGRES- grams that constitute investments— tically $30,000. SIONAL RECORD at least four times by not spending—to save spending, to I just visited in the university hos- now that shows that in order to get on eliminate deficits. If there is one mis- pital in my own hometown, the Chil- a glidepath of balancing the budget by dren’s Hospital at the Medical Univer- giving that we have with the ongoing the year 2002, you have to cut $37 bil- sity of South Carolina. They had some exercise of the Contract With America lion in domestic discretionary spending 85 low-birth-weight infants. In my —and it is good to bring in a new group in the first year. Even with those re- early days they would have been unac- and have a tonic, to turn our attention ductions, the interest cost rises faster counted for and lost; little low-birth- to where savings can be had—but in the than the cuts. That is the only good, weight infants of 11⁄2 pounds, 2 pounds, zeal to try to bring about certain sav- solid, credible attempt I have seen to 21⁄2 pounds. They had nurses around the ings there is a mix of arrogance and show the kinds of cuts that are nec- clock. I will never forget it. It cost more or less mob action pellmell for essary, and I do not think I could vote some $15 million to keep some 85 hell, let us just cut it all, everything, for them all. And cuts of even this se- nurses going around the clock treating verity would require 7 years to reach a without any idea of what really saves those little infants. The average stay balanced budget. money and what costs money. for a low-birth-weight infant on that For instance, for every dollar spent incubator in intensive care is 30 days I remember when President Reagan on women, infants and children feeding at $1,000 a day, or $30,000. came to town. He said he was going to we save at least $3. For every dollar So this is not a sick call by the dis- balance the budget in 1 year. Then, spent on Head Start we save $4.75. For tinguished Senator from Massachusetts after he got in town, he said, ‘‘Oops. every dollar spent on title I education for liberal spending programs. This is a This is way worse than I thought. It is for the disadvantaged we save another studied investment by liberals, con- going to take me 2, maybe 3 years.’’ So $6.50. servatives, Republicans, and Demo- the Budget Committee started submit- And having experienced government crats alike to spend now to save bil- ting 3-year budgets. Then by the mid over the years, I have learned what lions later. That is the one misgiving I 1980’s, the committee said ‘‘Whoops, it saves money. For example, I had a have about this so-called Contract got worse. We are going to have 5-year problem 25 years ago with my own With America because its proponents budgets.’’ Now they have 7-year budg- State on the subject of hunger and have no sensibility. They come here on ets. And I can tell you, after a few feeding. I had made a mistake as Gov- the first day and all of sudden they more years, they are going to have 10- ernor. I had not paid too much atten- have wisdom. Without any experience year budgets. It is like a football game tion to the hungry. In fact, a rejoinder or a day in public service whatever, where they keep moving the goalpost. had been given to me by my friend, the never having listened and learned any- A sincere effort to balance the budget senior Senator, ‘‘Well, there was hun- thing, in a fell swoop they come in ger and the hungry in the days of will not cut out basic investments that with across-the-board so-called spend- save money in the long run. Realisti- Christ, and there will be hunger in the ing cuts that actually will cost us bil- days after we are long gone, and it is cally, it is going to take taxes as well lions. as spending cuts, spending freezes, and almost a given.’’ Not so. Not so at all. Mr. President, when that baby comes loophole closings. At that time, I met and studied with in as a low-birth-weight infant, like it those in the medical profession and in or not, it is yours and mine. We are I think the Senator from Massachu- the nutrition discipline—Dr. Neville going to take care of it in some chil- setts has really brought a sobering mo- Scrimshaw at Harvard, Dr. Cravioto at dren’s hospital, in some intensive care ment to this body that allows us to un- Cornell, later at Columbia University, unit, and for the wealthy parent or the derstand that the proposals before us and Dr. Charles Upton Lowe, the chair- poor, that cost is really going to the do not save money. Oh, the national man of the Committee on Nutrition of general public. media, lazy as they are, are running the American Academy of Pediatrics at So we need to stop these penny-wise, around saying that this rescissions bill that particular time. They had found pound-foolish cuts to preventive pro- has so much in spending cuts, and they

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5043 refer to these fine investment pro- jority Leader DOLE and Minority Lead- LEY, Senator ROTH and I introduced grams as cuts. But I can tell you, when er DASCHLE urging them to reinstate legislation in January of this year to you consider the costs to Medicaid, to this expired provision. I believed then, achieve a 100 percent deduction by 1997, the hospitals, to the schools, to the as I do now, that the interests of hard- and I look forward to working with workplace and the economy, and on working Americans need to be a top them again in the future to meet this down the line, you will find that the priority before the U.S. Senate. goal. proposed cuts actually increase spend- Accordingly, I urge my colleagues to But Mr. President, I cannot stress ing. This is the lesson of those children support the reinstatement of this pro- enough the importance of making this at the medical university. vision. This legislation is an important deduction permanent, and this is borne So I hope we can listen to this debate first step in providing tax fairness to out by the history of the deduction. and understand that the Senate is not our Nations’ self-employed business In 1986, the self-employed were first just in a race to get so many marks on owners. given 25 percent deductibility as part the so-called Contract With America or I thank my colleagues and I yield the of the Tax Reform Act of 1986—with whatever it is. It is a serious job of try- floor. the understanding that it would be ing to cut back on overall spending (At the request of Mr. DOLE, the fol- eventually increased to 100 percent, the while investing in programs that will lowing statement was printed in the same deduction incorporated business save money in the long run. RECORD.) I yield the floor. ∑ Mr. HATFIELD. Mr. President, I am enjoy. Mr. SPECTER. Mr. President, I pleased to announce my strong support In the Omnibus Budget Reconcili- strongly support the conference report for H.R. 831 which would permanently ation Act of 1989, the deduction was ex- to H.R. 831, the Self-Employed Health extend the deduction for health insur- tended for 9 months. In 1990, 25 percent Care Deduction Act. ance costs for self-employed individ- deductibility was extended through There are approximately 9 million uals. This legislation will allow, on a 1991. And in 1991, 25 percent deduct- self-employed business owners rep- permanent basis, self-employed small ibility was extended through June 30, resenting almost 10 percent of the business owners, sole proprietorships, 1992. Mr. President, each time we working population. These individuals and partnerships to deduct a portion of scrambled to reinstate the deduction— are employed in all types of industries: their health insurance costs for tax uncertainty surrounding the deduction from mining and service industries to purposes. This legislation will assist was high, and it was shameful to treat construction and manufacturing. They those small businesses which are so the self-employed in this way. are the entrepreneurial small business vital to the economy of my State of Or- But on June 30, 1992, the worst sce- men and women that spur our national egon, as well as the rest of the Nation. nario happened—the deduction expired. economic growth. These are the indi- I am pleased that the 104th Congress is Small businesses and farmers could not viduals that embody the American about to address this issue on a perma- deduct the cost of their health insur- dream. This provision is critical to nent basis.∑ ance. The 1992 tax season came and their survival. Mr. PRYOR. Mr. President, today we went and still there was no reinstate- My offices have been inundated with take a step forward to correct a situa- ment of the deduction because of the hundreds of calls from concerned tax- tion adversely affecting small busi- difficulty of moving any tax bill. Then, payers around Pennsylvania urging the nesses and farmers which I have many in August 1993, as part of the Budget Congress to reinstate the deduction. times called an absurdity. Reconciliation Act, the deduction was These callers are just a fraction of the During this tax filing season, over 9 retroactively reinstated from July 1, 9 million self-employed taxpayers that million self-employed small businesses 1992, to December 31, 1993. Self-em- are relying on us to pass this measure and farmers will fill out their tax re- ployed were required to amend their as quickly as possible so they can con- turns. And when they do, they will 1992 returns to take the deduction, and tinue to utilize this deduction for the learn first hand of how this absurdity no doubt some failed to do so and lost 1994 tax year. affects them and their family. The ab- their deduction. Mr. President, I have consistently surdity I am speaking of Mr. President So that brings us to 1994 when the de- supported this deduction for the self- is that no part of their health insur- duction once again expired, and no bill employed. In the 103d and the 104th ance premiums are deductible in their has been moved to correct the in- Congresses, I introduced legislation to 1994 tax return due April 17—just over equity—until today. Mr. President, provide targeted health-care reform. 3 weeks from today. this uncertainty is unpardonable and it One of the major provisions I included This in contrast to owners of large must not happen again. Under this leg- in that bill was 100 percent deduct- corporations that have a permanent 100 islation the deduction will never again ibility for health insurance for the self- percent deduction, and that typically expire—it is permanent. employed. Under current law, busi- pay smaller health care premiums be- nesses are permitted to deduct 100 per- cause of their size. It is a double pen- Mr. President, we all understand the cent of what they pay for the health in- alty Mr. President. A double penalty difficulty of moving a tax bill on the surance of their employees, but self- on innovators and job creators in our Senate floor where any of the 100 Sen- employed individuals may not deduct economy—people who should be en- ators my offer any amendment with no any of their cost because that provi- couraged, not penalized. time limit. So that is why I and my sion expired on December 31, 1993. It is Mr. President, this inequity must be friend and colleague on the Finance hard to find a provision in the Internal corrected and it must be corrected Committee, Senator ROTH, sought sig- Revenue Code that is more discrimina- quickly. This should be a high priority natures on a January 19, 1995, letter to tory than this one. for this Congress, and I am very happy Senator DOLE and Senator DASCHLE According to the Congressional Re- that we are taking up this matter stating that we would ‘‘not support or search Service, 3.9 million uninsured today. offer any amendments to the legisla- workers are self-employed. Providing I want to comment briefly on one as- tion’’ should they schedule it for Sen- full deductibility of health insurance pect of this bill which is extremely im- ate floor action. premiums, beginning with reinstate- portant—and that is this deduction for We were pleased to obtain 75 of our ment of the 25 percent deduction for health insurance will be made perma- colleagues’ signatures, and I am even 1994 and researching 100 percent by 1993 nent. more pleased today that no amend- for self-employed individuals is a sim- Many times we focus on the amount ments will be offered and we will agree ple matter of fairness. It should also of the percentage deduction. In the to the bill on a voice vote. I ask unani- make health insurance coverage more past it has been 25 percent, and today’s mous consent that a copy of the letter affordable for the estimated 3.9 million bill increases that percentage to 30 per- be printed in the RECORD, and I thank self-employed individuals and their cent which is a very positive step to- my colleagues for putting aside some families who are now uninsured. ward the goal of a 100 percent deduc- issues very important to them in order On January 19, 1995, I signed a letter tion which I hope we will continue to to correct this problem and quickly as along with 74 of my colleagues to Ma- work toward. In fact, Senator GRASS- possible.

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5044 CONGRESSIONAL RECORD — SENATE April 3, 1995 There being no objection, the letter Almost every year, we have had to ex- costs the Federal Government billions was ordered to be printed in the tend the deduction, but we failed to ex- of dollars. RECORD, as follows: tend it last year when it expired on De- THE FCC’S TAX CERTIFICATE PROGRAM U.S. SENATE, cember 31, 1993. Mr. President, H.R. 831 Congress, in 1943, gave the FCC au- Washington, DC, January 19, 1995. makes the deduction permanent. We thority to grant tax deferrals to own- Hon. ROBERT DOLE, don’t want to leave the 3.2 million tax Senate Majority Leader, ers of broadcast facilities who were filers in 1994, hanging on the edge of a forced to sell their properties to break Hon. THOMAS DASCHLE, cliff every year. And we don’t want to up monopolies during World War II. Senate Minority Leader, tell them that although corporations Washington, DC. In 1978, the FCC expanded this provi- can deduct 100 percent of their health DEAR SENATOR DOLE AND SENATOR sion to give a tax preference to radio, DASCHLE: We are writing to you regarding care insurance costs, small businesses cannot. We decided 9 years ago that in television, and later cable broadcasters the need to extend the 25% deduction for who sold their properties to minority- health insurance for the self-employed, order to make the playing field more which expired at the end of 1993. As you equitable, we should allow small busi- owned firms. For this policy, the FCC know, more than 9 million self-employed nesses to deduct their health care in- defines minorities as including blacks, business owners, representing almost 10% of surance costs. H.R. 831 allows them to Hispanics, American Indians, Alaska the working population, lost the ability to deduct 30 percent of their annual Natives, Asians, and Pacific Islanders. take this deduction when the law expired. It health care insurance costs. The greatest flaw in this program is is our hope that the Chairman of the Ways that the economic benefit doesn’t go to and Means Committee will soon take up this Mr. President, I want to say to many legislation as a stand-alone bill, and that the of my colleagues that the 3.2 million the minority buyer, the economic ben- House will soon pass this bill and send it to Americans we help today are farmers efit does to the seller. It’s like a kick- the Senate. and small business owners that live back. If you sell to me and not the In order that we may move as expedi- and work all across America. Although other guy, I’ll give you a little extra tiously as possible, we are writing to assure we were able to raise the percentage of something. And I won’t be paying for you that if you receive this legislation, and their annual health insurance costs it, the American taxpayer will. I don’t if you schedule it for Senate floor action, we that they can deduct from 25 to 30 per- understand it, and I don’t understand will not support or offer any amendments to why people would think this is bene- the legislation. As many of these small busi- cent, I am disappointed that we were ness men and women begin to file their 1994 unable to raise this level even higher. fiting minorities when the monetary tax returns, we believe that it is essential It was my strong desire that we should gain is going to the seller. that Congress act now to avoid the adminis- have been able to do so. But, we have AFFIRMATIVE ACTION trative difficulties that could arise from been able to make this deduction a per- Now, don’t get me wrong. I am proud amended returns if the legislation is not manent one, so that these Americans of my civil rights record. And I have passed until after April 15th. Thank you for will no longer have to worry about your consideration. supported affirmative action in the David Pryor; Don Nickles; Jesse Helms; whether or not they will be able to past—that’s no secret. But my record Arlen Specter; Bill Roth; Chuck Grass- take the deduction next year. does not disqualify me from raising le- ley; Dirk Kempthorne; John Warner; EXPATRIATE PROVISION gitimate questions about the con- Mitch McConnell; Ted Stevens; Kit Mr. President, included in the Senate tinuing fairness and effectiveness of af- Bond; Dale Bumpers; Chuck Robb; Paul version of H.R. 831 was a proposal to firmative action—particularly when Simon; Carol Moseley-Braun; Joe tax U.S. citizens who renounce citizen- the affirmative-action label is used to Lieberman; J. James Exon; Connie ship. But, the measure was adopted Mack; Bob Kerrey; John McCain; J. describe quotas, set-asides, and other Bennett Johnston; Harry Reid; Wendell without the benefit of hearings. group preferences. Ford; Kent Conrad; Sam Nunn; Ernest Subsequently, the Finance Commit- Equal treatment, not preferential Hollings; Jeff Bingaman; Max Baucus; tee’s Oversight Subcommittee held a treatment, should be the standard. Kay Bailey Hutchison; Spencer Abra- preliminary hearing. The House also Equal opportunity, not equal results, ham; Bryon L. Dorgan; Dan Coats; Pat- held a hearing on this issue earlier this must be the goal. rick Leahy; Herb Kohl; Barbara A. Mi- week. This proposal raises important Last week, as we debated this same kulski; John Ashcroft; John Glenn; questions, and the hearing exposed John F. Kerry; Bob Graham; Hank bill on the Senate floor, my distin- some serious concerns. guished colleague from Maine, Senator Brown; Jay Rockefeller; Mark Hatfield; It is vital to enact H.R. 831, vital. But COHEN, gave a very eloquent speech Dianne Feinstein; Howell Heflin; Ben it is premature to enact this expatriate Nighthorse Campbell; Slade Gorton; where he pointed out that America is Fred Thompson; Al Simpson; John H. tax provision. We cannot delay action not a color-blind society, and he’s Chafee; Trent Lott; Larry Pressler; on H.R. 831 while we continue to con- right. sider alternatives to this expatriate Larry E. Craig; Olympia Snowe; Lauch Discrimination continues to exist. Faircloth; Rod Grams; Rick Santorum; provision. The color-blind ideal is just that—an R.F. Bennett; Dick Lugar; Jim Jef- Let me be clear on this—because my fords; Conrad Burns; Paul D. Coverdell; colleagues on the other side of the aisle ideal that has yet to be achieved in the Richard H. Bryan; Bill Frist; Craig seem to believe that we are somehow America of 1995. But, Mr. President, do Thomas; Jim Inhofe; Mike DeWine; Jon opponents of the expatriate provision. you become a color-blind society by di- Kyl; Strom Thurmond; Bob Smith; Phil We want to get this done. And it is viding people by race? Do you achieve Gramm; John Breaux; Richard Shelby; clear that it will be effective as of Feb- the color-blind ideal by granting pref- Orrin Hatch; Bill Cohen; Patty Murray. erences to people simply because they Mr. DOLE. Mr. President, we have ruary 6—but there are some serious problems with this provision, so we happen to belong to certain groups? Do before us the conference report to H.R. you continue programs that have out- 831, permanent deduction of health in- will not enact it today. The conferees on the bill have asked the Joint Com- lived their usefulness or original pur- surance costs of self-employed individ- pose? The answer to these questions is, uals. Passage of this conference report mittee on Taxation to study the provi- sion and to look at other alternatives of course, a resounding ‘‘no.’’ today will help 3.2 million self-em- The debate over affirmative action ployed Americans across the Nation and get back to us by June 1, 1995. And so, I would say to my colleagues that can be an opportunity to unite the get one step closer to deducting a por- American people—not divide us. tion of their health insurance costs. this sense-of-the-Senate resolution, The House has already passed this asking us to do what we are already CONCLUSION conference report. There are only 14 doing, is nothing but a filibuster. A What we will accomplish here today more days to April 17—tax day. And tactic to waste time that we can ill-af- is taking a million dollar, unjustifiable the clock’s ticking. It is critical that ford. tax break, for millionaires, not minori- this bill be signed into law prior to OFFSETTING REVENUES ties, and turn them into health care for that day. We primarily pay for the deduction ordinary Americans. Americans who Since 1986, Congress has allowed the by repealing a Federal Communica- really need it. self-employed a 25-percent deduction tions Commission [FCC] program that I I urge my colleagues to vote for this for their health care insurance costs. believe is not only ineffective, but conference report.

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5045 Mr. PACKWOOD. Mr. President, I I very much regret that the daily the exercise of the right.’’ The tax in ques- suggest the absence of a quorum. talking points of the Democratic Pol- tion would not appear to meet these stand- The PRESIDING OFFICER (Mr. icy Committee today said what Demo- ards. Without having examined the provisions of COVERDELL). The clerk will call the crats believe—‘‘We believe that edu- Sec. 201 in greater detail, I cannot state de- roll. cation for our children should not be finitively that it would violate international The legislative clerk proceeded to cut.’’ Fine, I so agree. ‘‘Especially law. However, the human rights implications call the roll. while billionaire Benedict Arnolds are of such a provision appear to be extremely Mr. PACKWOOD. Mr. President, I ask allowed to escape taxation.’’ They are serious, and adoption of the law would seem, unanimous consent that the order for not going to escape taxation. I am not at best, to be hypocritical, given the legiti- the quorum call be rescinded. sure they are Benedict Arnolds. They mate and consistent U.S. insistence on free The PRESIDING OFFICER. Without are people making decisions that they emigration from other countries over the objection, it is so ordered. have a right to make under inter- years. The PRESIDING OFFICER. Is there I hope that the Senate will examine these national law, and the United States issues with great deliberation before it de- further debate on the conference re- has the right to collect taxes from cides to balance the budget on the back of port? them, under our law. individual rights. Mr. MOYNIHAN. Mr. President, I We now have a letter from Professor Yours sincerely, would simply like to state for the Hannum that says: HURST HANNUM, RECORD the fact that the Committee on In sum, imposition of a nondiscriminatory Associate Professor of International Law. Finance, in dealing with the provisions tax on accrued income at the time citizen- on the payment of tax by persons who ship is renounced, in a manner consistent APPENDIX F expatriate, was confronted by mixed with the way in which that same income STRASBOURG DECLARATION ON THE RIGHT TO assessments of the legality of such an would be treated at the time of death, does LEAVE AND RETURN action. not appear to me to violate either the inter- (Adopted on 26 November 1986) nationally protected right to emigrate or the PREAMBLE The International Covenant on Civil (somewhat less well protected) right to a na- and Political Rights, which the United tionality. The Meeting of Experts on the Right to Leave and Return, States ratified in 1992, article 12, sec- Mr. President, I ask that the letters tion 2 states: ‘‘Everyone shall be free Recognising that respect for human rights be printed in the RECORD, and I yield and fundamental freedoms is essential for to leave any country, including his the floor. own.’’ The question is whether there is peace, justice and well-being and is nec- There being no objection, the mate- essary to ensure the development of friendly a restriction on this right. rial was ordered to be printed in the relations and co-operation among all states; The point here is that present law RECORD, as follows: Recalling that the Universal Declaration provides that any taxpayer that re- of Human Rights, the International Cov- TUFTS UNIVERSITY, enant on Civil and Political Rights, and the nounces his or her citizenship for tax Medford, MA, March 24, 1995. avoidance purposes is subject to the Re: Tax Compliance Act of 1995, H.R. 981. International Convention on the Elimination of All Forms of Racial Discrimination, as current tax on gains on U.S. assets for Hon. DANIEL PATRICK MOYNIHAN, 10 years. This has been the law for well as regional conventions, recognize the U.S. Senate. fundamental principle, based on general roughly 30 years, but it has not been DEAR SENATOR MOYNIHAN: I am writing to international law, that everyone has the express my serious concern over the pro- enforced. It probably has not been en- right to leave any country, including one’s posed ‘‘exit tax’’ included in Sec. 201 of H.R. forceable. Regulations have never been own, and to return to one’s own country; 981. This concern is based not on an evalua- issued. And we mean to do, we mean to Emphasizing that the right of everyone to tion of its tax consequences, an area in do. leave any country and to enter one’s own which I am not an expert, but rather on the country is indispensable for the full enjoy- The President proposed this on Feb- possible inconsistency of the tax with funda- ment of all civil, political, economic, social ruary 6 in his budget, and what we will mental international human rights norms do in the end will be applied as of Feb- and cultural rights; and U.S. international legal obligations. Concerned that the denial of this right is ruary 6. There will be no windows, no As you know, the U.S. is now a party to the cause of widespread human suffering, a the Covenant on Civil and Political Rights, provisions of that kind. source of international tensions, and an ob- article 12 of which guarantees the right of Just that the record might show that ject of international concern; everyone ‘‘to leave any country, including we have been trying to be orderly and Adopts the following Declaration: have had some sense of due process his own.’’ By coincidence, the United States will present its first report on compliance Article 1 here, on 24 March, I received a letter with the Covenant to the Human Rights Everyone has the right to leave any coun- from Hurst Hannum, associate pro- Committee in New York next week. try, including one’s own, temporarily or per- fessor of international law at the Although I understand that the ‘‘exit tax’’ manently, and to enter one’s own country, Fletcher School of Law and Diplomacy, is based on renunciation of citizenship rather without distinction as to race, colour, sex, of whose eminence I need hardly to re- than on leaving the country, it is difficult to language, religion, political or other opinion, mind the Senate, in which he wrote to see how one can ‘‘punish’’ the former with- national or social origin, property, birth, express his serious concern over the out seriously compromising the latter. In- marriage, age (except for unemancipated mi- proposed exit tax and the issue which deed, the imposition of confiscatory taxes nors independently of their parents), or has been a policy pursued by many countries other status. he had addressed in his 1987 book, ‘‘The to discourage emigration, whether on pur- Article 2 Right to Leave and Return in Inter- ported national security grounds, specious Every state shall adopt such legislative or national Law and Practice.’’ economic arguments, or to prevent ‘’brain other measures as may be necessary to en- We responded to him with informa- drain;’’ I address these and other issues in sure the full and effective enjoyment of the my 1987 book, ‘‘The Right to Leave and Re- tion he wanted further on the matter. rights set forth in this Declaration. turn in International Law and Practice’’ He writes on March 31 to say: All laws, administrative regulations or (Martinus Nijhoff). As I noted then, what appeared to be the other provisions affecting the enjoyment of In 1986, a meeting of eminent American imposition of a tax solely on the ground that these rights shall be published and made eas- and European legal experts adopted the a person was renouncing his or her citizen- ily accessible. ‘‘Strasbourg Declaration on the Right to ship could interfere with the right . . . [under Leave and Return,’’ a copy of which I attach Article 3 article 12 of the Covenant]. for your information. I would particularly (a) No person shall be subjected to any He says, ‘‘I am gratified that the draw your attention to article 5, which sanction, penalty, reprisal or harrassment human rights issues related to this bill states, inter alia, that ‘‘[a]ny person leaving for seeking to exercise or for exercising the have become a subject of serious de- a country shall be entitled to take out of right to leave a country, such as acts which bate.’’ that counry . . . his or her personal property adversely affect, inter alia, employment, I said on Friday—it was commented * * * [and] all other property or the proceeds housing, residence status or social, economic on in our hearing—when we are dealing thereof, subject only to the satisfaction of or educational benefits. legal monetary obligations, such as mainte- (b) No person shall be required to renounce with civil rights issues, human rights nance obligations to family members, and to his or her nationality in order to leave a issues, we must never be more careful general controls imposed by law to safeguard country, nor shall a person be deprived of na- than when the group involved is a de- the national economy, provided that such tionality for seeking to exercise or for exer- spised group. controls do not have the effect of denying cising the right to leave a country.

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5046 CONGRESSIONAL RECORD — SENATE April 3, 1995 (c) No person shall be denied the right to c) No entry visa may be required to enter of activities protected under internationally leave a country on the grounds that that per- one’s own country. recognized human rights or other inter- son wishes to renounce or has renounced his Article 7 national legal obligations. or her nationality. Permanent legal residents who tempo- Article 14 Article 4 rarily leave their country of residence shall (a) No restriction may be imposed on the not be arbitrarily denied the right to return Nothing in this Declaration shall be inter- right to leave except those which are to that country. preted as implying for any state, group or (1) provided by law; Article 8 person any right to engage in any activity or (2) necessary to protect national security, On humanitarian grounds, a state should perform any act aimed at destroying any of public order (ordre public), public health or give sympathetic consideration to permit- the rights set forth herein or at limiting morals or the rights and freedoms of others; ting the return of a former resident, in par- them to a greater extent than is provided for and ticular a stateless person, who has main- in this Declaration. (3) consistent with internationally recog- tained strong bona fide links with that state. nized human rights and other international Article 15 PROCEDURAL SAFEGUARDS legal obligations. The present Declaration shall not be inter- Article 9 Any such restriction shall be narrowly preted to limit the enjoyment of any human construed. Everyone has the right to obtain such trav- right protected by international law. (b) Any restriction on the right to leave el or other documents as may be necessary shall be clear, specific and not subject to ar- to leave any country or to enter one’s own bitrary application. country. Such documents shall be issued free TUFTS UNIVERSITY, (c) A restriction shall be considered ‘‘nec- of charge or subject only to nominal fees. Medford, MA, March 31, 1995. essary’’ only if it responds to a pressing pub- Article 10 Re Tax Compliance Act of 1995, H.R. 981. Attention: Patricia McClanahan. lic and social need, pursues a legitimate aim a) Any national procedures or require- and is proportionate to that aim. ments affecting the exercise of the rights set Hon. DANIEL PATRICK MOYNIHAN, (d) A restriction based on ‘‘national secu- forth in this Declaration shall be established U.S. Senate. rity’’ may be invoked only in situations by law or administrative regulations adopted DEAR SENATOR MOYNIHAN: I wrote you on where the exercise of the right poses a clear, pursuant to law. 24 March expressing my concern over the imminent and serious danger to the State. b) Everyone shall have the right to com- possible human rights implications of the so- When this restriction is invoked on the municate as necessary with any person, in- called ‘‘exit tax’’ called for in the above-ref- ground that an individual acquired military cluding foreign consular or diplomatic offi- erenced bill. As I noted then, what appeared secrets, the restriction shall be applicable cials, for the realization of the rights set to be the imposition of a tax solely on the only for a limited time, appropriate to the forth in this Declaration. ground that a person was renouncing his or specific circumstances, which should not be c) No state shall refuse to issue the docu- her citizenship could interfere with the right more than five years after the individual ac- ments referred to in Article 9 or shall other- of every person ‘‘to leave any country, in- quired such secrets. wise impede the exercise of the right to cluding his own,’’ which is guaranteed under (e) A restriction based on ‘‘public order leave, on the grounds of the applicant’s in- article 12 of the Covenant on Civil and Polit- (ordre public)’’ shall be directly related to the ability to present authorization to enter an- ical Rights. specific interest which is sought to be pro- other country. tected. ‘‘Public order (ordre public)’’ means d) Procedures for the issuance of the docu- I am gratified that the human rights issues the universally accepted fundamental prin- ments referred to in Article 9 shall be expe- related to this bill have become a subject of ciples, consistent with respect for human ditious and shall not be unreasonably serious debate, and I appreciate your con- rights, on which a democratic society is lengthy or burdensome. tribution to that debate. Having now re- based. e) Everyone filing an application for any ceived additional and more specific informa- (f) A restriction based on ‘‘the rights and document referred to in Article 9 shall be en- tion about the tax, however, I have become freedoms of others’’ shall not imply that rel- titled to obtain promptly a duly certified re- convinced that neither its intention nor its atives (except for parents with respect to ceipt for the application filed. Decisions re- effect would violate present U.S. obligations unemancipated minors), employers or other garding issuance of such documents shall be under international law. persons may prevent, by withholding their taken within a reasonable period of time Although imposition of a special tax on consent, the departure of any person seeking specified by law. The applicant shall be those who wished to renounce U.S. citizen- to leave a country. promptly informed in writing of any decision ship might be questionable, it is my under- (g) No fees, taxes or other exactions shall denying, withdrawing, canceling or post- standing that the tax in question is based on be imposed for seeking to exercise or exer- poning issuance of any such document; the accrued income and, in effect, treats renun- cising the right to leave a country, with the specific reasons therefor; the facts upon ciation of citizenship as the financial equiva- exception of nominal fees related to travel which the decision is based; and the adminis- lent of death for the purpose of attaching tax documents. trative or other remedies available to appeal liability. There are undoubtedly negative h) Permissibility of restrictions on the the decision. consequences to the individual concerned in f) The right to appeal to a higher adminis- right to leave is subject to international having to pay taxes on gains while he or she trative or judicial authority shall be pro- scrutiny. The burden of justifying any such is alive rather than after death, but there is vided in all instances in which the right to restriction lies with the state. no internationally protected right to escape leave or enter is denied. The appellant shall Article 5 taxation by changing citizenship. However, have a full opportunity to present the in order to clarify that the purpose and ef- a) Any person leaving a country shall be grounds for the appeal, to be represented by fect of the proposed tax are non-discrimina- entitled to take out of that country counsel of his or her choice, and to challenge 1. his or her personal property, including the validity of any fact upon which a denial tory, the language might be rewritten to household effects and property connected or restriction has been founded. The results offer the individual the option of complying with the exercise of that person’s profession of any appeal, specifying the reasons for the with the new tax or electing to have realized or skill; decision, shall be communicated promptly in gains taxed only as part of the individual’s 2. all other property or the proceeds there- writing to the appellant. estate—subject to an appropriate escrow ac- of, subject only to the satisfaction of legal count being established for money which FINAL CLAUSES monetary obligations, such as maintenance would otherwise be expected to be beyond obligations to family members, and to gen- Article 11 U.S. jurisdiction at the time of death. Any person claiming a violation of his or eral controls imposed by law to safeguard In sum, imposition of a non-discriminatory her rights set forth in this Declaration shall the national economy, provided that such tax on accrued income at the time citizen- have effective recourse to a judicial or other controls do not have the effect of denying ship is renounced, in a manner consistent independent tribunal to seek enforcement of the exercise of the right. with the way in which that same income those rights. b) Property or the proceeds thereof which would be treated at the time of death, does cannot be taken out of the country shall re- Article 12 not appear to me to violate either the inter- main vested in the departing owner, who No state may impede communication by nationally protected right to emigrate or the shall be free to dispose of such property or any person with an international organiza- (somewhat less well protected) right to a na- proceeds within the country. tion or other bodies or persons outside the tionality. RIGHT TO ENTER OR RETURN state with regard to the rights set forth in Thank you for the opportunity to clarify this Declaration, and no sanction, penalty, Article 6 my views on this important matter. reprisal or harassment may be imposed on a) No one shall be deprived of the right to Yours sincerely, anyone exercising this right of communica- enter his or her own country. HURST HANNUM, tion. b) No person shall be deprived of nation- Associate Professor of International Law. ality or citizenship in order to exile or to Article 13 prevent that person from exercising the The enjoyment of the rights set forth in Mr. PACKWOOD. Mr. President, I be- right to enter his or her country. this Declaration shall not be limited because lieve we are ready to vote.

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5047 The PRESIDING OFFICER. If there But is CPB a luxury? In these days of make in just 15 minutes of Super Bowl is no further debate, the question oc- deficit reduction, can we afford this commercials. curs on agreeing to the conference re- service? In thinking about this ques- More than 95 percent of CPB funds go port. tion, I have reflected back on my role back to communities nationwide as So the conference report was agreed as a mother and teacher. support for their broadcast operations. to. I am not independently wealthy and More importantly, for every $1 of Fed- Mr. DOLE addressed the Chair. have been faced with balancing a eral funding directed through CPB, sta- The PRESIDING OFFICER. The checkbook my entire life. When times tions raise more than $6 from other Chair recognizes the majority leader. are tough, everyone suffers, but never sources. Mr. DOLE. What is the pending bill? have I sacrificed the education of my I urge my colleagues on their next The PRESIDING OFFICER. The children. pending business will be H.R. 1158. visit home to tune in a publicly sup- All parents worry about the uncer- ported station within their State. Mr. DOLE. Mr. President, I suggest tain future of their sons or daughters. the absence of a quorum. Radio stations such as KPBX in Spo- Frankly, that is why I am so com- kane and KFAE in Richland and tele- The PRESIDING OFFICER. The mitted to continued funding for the clerk will call the roll. vision stations like KCTS in Seattle Corporation for Public Broadcasting. and KYVE in Yakima will prove to you The assistant legislative clerk pro- Education is at the heart of what ceeded to call the roll. how far a minimal Federal investment public broadcasting does. CPB reaches can be stretched. Mrs. MURRAY. Mr. President, I ask almost every home, school, and busi- Mr. President, the question here is unanimous consent that the order for ness in America to make important should there be public television. My the quorum call be rescinded. learning resources available. The PRESIDING OFFICER. Without CPB is dedicated to helping and in- answer is a solid, loud yes. objection, it is so ordered. spiring learners of all ages, in schools, Just as we have public schools, public The Chair recognizes the majority at colleges and universities, at work, libraries, public roads, and public leader. and at home. parks, we should have public tele- f Public broadcasting is not subsidized vision. MORNING BUSINESS television but rather accessible edu- ‘‘Public’’ means we, you, and I, own it. We have a say. We have input. We Mr. DOLE. I now ask for the trans- cation. More than three-quarters of the have access. action of routine morning business not country’s public television stations to exceed 15 minutes, with the Senator offer for-credit adult courses at various To only have private television from Washington being permitted to levels. means that those who can afford to speak for 10 minutes as in morning Since 1981, 2.8 million people have own the airwaves will decide what we business. taken public broadcasting telecourses watch and who can watch. Someone for college credit. Over 29 million stu- else, someone with the wealth to afford f dents in over 70,000 schools receive pub- it, will decide what opinions will be CORPORATION FOR PUBLIC lic TV as an educational resource. Of aired and whose words will be heard. BROADCASTING the top 10 television programs used by I believe it is imperative that the Mrs. MURRAY. Mr. President, I teachers in the classroom, 6 are from public have access and input to the air- thank the Chair. public TV. waves. Mr. President, I must rise today to Sure, some may classify public Let us not be the Congress that is support a program that some in this broadcasting as entertainment. I even known as the one who took the public body may argue is unnecessary, but admit that I became absorbed in ‘‘The out of television. Civil War’’ and rushed home to catch that the American people whole- Let this Congress be remembered for ‘‘Baseball.’’ But therein lies the secret heartedly support. turning the tide on the deficit, but let of public broadcasting. Its ability to As we debate the very difficult ques- us do so without sacrificing our chil- education while holding our attention. tion of eliminating funds to various dren, their education and their future. agencies, it frustrates me that some of From ‘‘The Electric Company’’ to Mr. President, I yield the floor. my colleagues blindly lump the Cor- ‘‘MacNeil-Lehrer,’’ from ‘‘Carmen poration for Public Broadcasting into a Sandiego’’ to ‘‘Great Performances,’’ The PRESIDING OFFICER. The general pool of rescissions. CPB has captivated audiences and pro- Chair recognizes the majority leader. The Corporation for Public Broad- vided an educational alternative to casting is a true public service, owned network television. f by the American people. What other Children today need the same edu- cational stimulation my children had THE FOURTH ANNUAL Government program can we claim FIREFIGHTERS CHALLENGE reaches 99 percent of all Americans? access to, if not more so. Changing Since 1967, CPB has developed public family structures and working parents Mr. DOLE. Mr. President, as a long- telecommunications services of the mean more and more children are left time supporter of our Nation’s fire- highest quality to serve the American home alone. These are the children de- fighters, I am honored to sponsor this people. All of us on this floor agonize pendent upon ‘‘Sesame Street’’ and resolution that will allow the Congres- over what serves the taxpayer most. ‘‘Barney’’ for guidance, education and sional Fire Service Institute to hold its Certainly, public broadcasting has solace. If there is no one at home to Fourth Annual Firefighters Challenge proven itself as a national asset sup- pull the kids away from the set, or to on April 26, 1994, in the park across porting television and radio stations in choose programming, can’t the Govern- from the Russell Senate Office Build- all 50 States, the District of Columbia, ment at least provide an accessible al- ing. Puerto Rico, American Samoa, Guam, ternative which stimulates learning? Widely regarded as the most exciting and the Virgin Islands. The average public television station firefighting competition in the Nation, Last year, CPB funded 351 public tel- airs more than 5 hours of quality, non- firefighters from as far away as Cali- evision stations and 629 public radio commercial children’s programming fornia, Florida, and Ontario, Canada, stations. Each week NPR touches the every single day and 22.4 million chil- are scheduled to compete in an event lives of 16 million listeners and more dren watch public television each that demonstrates the level of fitness than 100 million viewers tune in to PBS week. The futures of these children can and conditioning essential for today’s weekly. be dramatically shaped by the pro- fire service. The numbers show that CPB is a Gov- grams they watch each day. Twenty-four hours a day, 365 days a ernment program that works, and Remember that 1 year of program- year, firefighters are on stand by— serves the people of this country. It is ming from PBS and NPR, costs each ready to come to our aid. These well- one program where the American tax- U.S. citizen just $1.09. Less than a trained men and women are our first payer is actually seeing a return on penny a day. In fact, CPB’s entire an- line of defense against fires and a host their dollar. nual budget equals what the networks of other natural disasters. It is my

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5048 CONGRESSIONAL RECORD — SENATE April 3, 1995 hope that this site will provide an ex- Congress that unless supplemental funds why we are going to debate 97 amend- cellent opportunity for the general were appropriated by March 31, the readiness ments so certain people can score po- public and congressional staff to learn of our Armed Forces would be adversely af- litical points. On every amendment of- more about firefighting and gain a bet- fected. That deadline has not been met. As you know, Secretary Perry has told Congress fered on that side from now on there ter understanding of the rigors these that he will be forced to take specific actions will be a second-degree amendment. It genuine heroes face. that will impair the readiness of our forces if seems to me that is about the only way Mr. President, I hope we might be Congress fails to act by April 7. I realize the to make certain both sides are pro- able to clear this, either during the respective committees are meeting and are tected here. Because we have had all wrap-up tonight or tomorrow—at least making some progress, but the Conference is this talk about how the Democrats are sometime this week. I will not intro- still not resolved and time is very short. I am also concerned about reports that the so concerned about children and we do duce the resolution at this time until not care about children, we are not we have had it cleared on both sides of emergency defense supplemental may be sensitive to children. I wonder where the aisle. combined with rescission legislation now pending before you. I know you will not per- they were on the balanced budget f mit the Congress to hold the readiness of our amendment when we asked just one SCHEDULE Armed Forces hostage to other debates. It is more Democrat to vote for a balanced imperative that the Congress approve the budget amendment so we might protect Mr. DOLE. Mr. President, let me say supplemental before you adjourn for the for the information of our colleagues, I Easter/Passover recess. our children over the next 5, 10, 15, 25 have been talking with Senator Sincerely, years, but we did not have any response DASCHLE, the Democratic leader, to see BILL CLINTON. to the argument then. if there is some agreement we can So now we are seeing efforts to put a U.S. SENATE, reach on this supplemental appropria- little back here and a little here, even tion bill. Right now I understand on OFFICE OF THE MAJORITY LEADER, Washington, DC, April 1, 1995. though there are increases in all these that side of the aisle there are at least The PRESIDENT, programs, so the liberal press will 70 amendments and on this side 27. The White House, write the right spin on the story that That is almost 100 amendments. If we Washington, DC. the Democrats are protecting children DEAR MR. PRESIDENT: As you know, many are to complete action on the bill and and, of course, we are depriving chil- go to conference yet this week, today of my colleagues in the Congress have long dren of food and medication and about is Monday, we do not have a great deal voiced concerns about the declining readi- anything else you could believe. I am of time. It was our hope to be in recess ness of our Armed Forces and its impact on the brave men and women who so proudly certain the liberal press will put that on Friday. I think the House also hopes serve. We have warned that the severe de- spin on it, as it always has in the past. to go out on Friday. fense cuts imposed by your Administration So, I have been talking with the compounded by costly ‘‘peacekeeping’’ oper- So it is my view there should not be White House. If they do not want to ations, neither authorized nor approved by anything else happening on the bill un- finish this bill, then they ought to let Congress, will drain the readiness accounts less there is going to be debate on the us know, because we may not want to and strain our military preparedness. Indeed, primary amendment from that side, finish the Defense supplemental. We these pressures have already manifested the amendment offered by the distin- are prepared to make the readiness ar- themselves in unacceptable readiness ratings guished Senator from South Dakota, for three Army divisions as early as last No- gument with this President any time Senator DASCHLE, and the amendment he wishes on why we need the supple- vember. Further, I remind you that several of my colleagues began exhorting Secretary offered by this side, by the Senator mental appropriations. The President Perry and General Shalikashvili to send us from Missouri, Senator ASHCROFT, and sent me a letter. I think I received it their defense request as early as possible, but others. Saturday morning, and I responded for some unexplained reason your Adminis- Saturday afternoon to the President’s tration delayed that action until mid Feb- I am prepared to get consent that we letter. ruary with the submission of your budget. have the debate, time divided equally Mr. President, I ask unanimous con- Our continued warnings have consistently between now and 6 o’clock. Then at 6:15 sent those two letters be printed in the fallen on deaf ears. Now that a severe readi- we debate whether or not elephants can RECORD at this point just so we would ness crisis is upon us, I am hard pressed to come to the Capitol. We may have to have a record made. see this as the fault of the Congress. Your take a rollcall vote. But that will be 1 There being no objection, the letters decision to blame the Congress for any hour of debate, and the vote—we have were ordered to be printed in the delays and the impending readiness crisis is unfortunate. not determined yet, hopefully it will RECORD, as follows: Although we have been hampered by a not come until tomorrow morning. PORT-AU-PRINCE, March 31, 1995. laundry list of amendments offered by mem- I know the Senator from Massachu- Hon. ROBERT DOLE, bers of your party, the House and Senate setts was here on Friday. He is here Republican Leader, U.S. Senate, Washington, have taken quick action on your defense sup- DC. plemental request. The delay in submission again today. He wants to offer his DEAR MR. LEADER: I am writing to urge coupled with Congressional desires to pay for amendment even though I do not think you to take prompt action on the supple- these costs rather than add them to the debt it is necessary. I think we are all for mental appropriations bill for the Depart- has made our job more difficult. However, as the amendment. ment of Defense. I know that you and all you point out, we are now in conference and Members of Congress have been working at a I am hopeful to bring final action before the But if it is offered, it probably will be heavy pace the past three months and that Easter/Passover recess. As to whether the second-degreed and then we will be you have many issues on your agenda. But I Congress will choose to combine your de- right back in the same predicament we know you share the view that it is extremely fense supplemental and your domestic sup- are in now. I hope the Senator from important that the defense supplemental be plemental request will be a matter that we Massachusetts will let me and the addressed before Congress adjourns next Fri- will decide early next week. The readiness of Democratic leader try to work out day. our Armed Forces is important to all of us as Both the House and Senate have passed de- is reducing the deficit, responding to emer- some agreement where the Senator fense supplemental appropriations to pay for gency needs in California, and supporting the from Massachusetts would be per- ongoing contingency operations. I applaud peace process in the Middle East. Your lead- mitted to offer the amendment. I do those actions and agree with the Senate’s de- ership on these matters would be useful in not have any problem with that. In cision to meet our full commitment to Jor- helping to limit the number of extraneous fact, I support the amendment. So I do dan, in furtherance of the Middle East peace amendments offered and in bringing all of not want to be misunderstood. process, in this legislation. Unfortunately, these issues to an early and acceptable con- these matters seem tied up in the Con- clusion. Is there any way we could accommo- ference, and a deadline is looming that re- Sincerely, date the Senator from Massachusetts quires immediate congressional action to BOB DOLE. and not offer the amendment today but recognize the emergency nature of this sup- Mr. DOLE. It may be that the White let us proceed on the debate so at least plemental bill and minimize offsetting re- ductions. House has no interest in the pending we could have the debate? We are now Secretary Perry and General Shalikashvili supplemental legislation. If they do working with the White House, with have repeatedly told me and have reported to not, I do not know why we are here, the Democratic leader, with our office

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5049 to see—if we cannot get any agree- have the votes to table. Would there be ignees, for debate on the Daschle and ment, then none of the amendments any objection to having it follow the Dole amendments. will pass in any event. vote on the D’Amato amendment, be- The PRESIDING OFFICER. Without So I hope we could be permitted to cause his amendment was pending objection, it is so ordered. have general debate equally divided be- prior? Mr. DOLE. I further ask unanimous tween now and 6:15, by sponsoring of Mr. KENNEDY. I understand from consent that at 6:15, whenever the Sen- the two major amendments. And then the floor staff that Senator Daschle ator from New Hampshire is available, at 6:15, the Senator from New Hamp- has indicated willingness to go to the during that timeframe, that we proceed shire, Senator SMITH, will be recog- vote on D’Amato tomorrow, and it is to House Concurrent Resolution 34, and nized to offer his amendment on House entirely acceptable to me to vote right that Senator SMITH be recognized. Concurent Resolution 34. after the D’Amato amendment on this The PRESIDING OFFICER. Without Mr. KENNEDY. Will the Senator amendment, if that is agreeable. objection, it is so ordered. yield? Mr. DOLE. The caveat, Mr. Presi- Mr. DOLE. I am happy to yield. dent, would be if we decided to pull the f Mr. KENNEDY. Mr. President, I say bill down because there are so many to the majority leader that I know the amendments. I do not want anybody to CONCLUSION OF MORNING majority leader had said on Thursday be blindsided. But it could happen, BUSINESS evening that he was hopeful the with 97 amendments, which would take amendment of the Senator from South quite a while, that we might just pull Mr. DOLE. Morning business has ex- Dakota would be up and he thought at the bill down until after the recess. As pired. that time it might have been disposed long as the Senator understood that, I of on Friday. There was certainly no think we have an agreement. He could f objection from me on that. I thought send it to the desk now, and have it that was probably going to be the case. printed with an understanding that fol- EMERGENCY SUPPLEMENTAL Now the Senator has pointed out that lowing the vote on the D’Amato APPROPRIATIONS ACT we have both the Daschle and the Dole amendment, disposition of the amendments before the Senate. D’Amato amendment, the Senator be The PRESIDING OFFICER. The I have indicated that I was quite pre- recognized for a vote on his amend- clerk will report the bill. pared to just send my amendment to ment. The assistant legislative clerk read the desk, have it printed, and after we Mr. KENNEDY. Mr. President, I send as follows: had disposed of the principal amend- the amendment to the desk, and ask A bill (H.R. 1158) making emergency sup- ments of Senator DOLE and Senator that it be printed in the RECORD for the plemental appropriations for additional dis- aster assistance and making rescissions for DASCHLE, I would hope that we would information of Senators. be able to consider my amendment. It is my understanding that we will the fiscal year ending September 30, 1995, and for other purposes. But I would obviously respond to the have the vote on the D’Amato amend- request of the joint leadership in terms ment. The Senate resumed consideration of of working out an appropriate time. I There being no objection, the amend- the bill. am more than glad to do this, recog- ment text was ordered to be printed in Mr. COVERDELL addressed the nizing that we have a great deal of the RECORD, as follows: Chair. business before the Senate prior to the At the appropriate place in the amend- The PRESIDING OFFICER. The recess. ment, insert the following: Chair recognizes the Senator from Mr. DOLE. If the Senator will yield, SEC. . SENSE OF THE SENATE REGARDING TAX Georgia. I understand the Senator will have it AVOIDANCE. Mr. COVERDELL. Mr. President, I printed today but it will not be offered (a) IN GENERAL.—It is the sense of the Sen- would like to speak to the proposal ate that Congress should act as quickly as that is before the Senate, and specifi- today. possible to amend the Internal Revenue Code Is that correct? of 1986, to eliminate the ability of persons to cally I want to refer to a Reuter’s news Mr. KENNEDY. I have talked on it avoid taxes by relinquishing their United account that was issued this morning. I quite a bit, Mr. President. I am not States citizenship. am going to read from the account. It sure that I really have to take any Mr. KENNEDY. That is satisfactory. says: more time on it. I would be glad to Mr. DOLE. As I said, the only excep- This administration believes a strong dol- send the resolution to the desk. Obvi- tion would occur—— lar is in America’s interest, and we remain ously, it would be a matter before the Mr. KENNEDY. I understand what committed to strengthening the economic Senate. I would like to get it printed. I the Senator said. It could be with- fundamentals that are ultimately important to maintaining a strong and stable currency. would send it to the desk and have it drawn. printed, and then I would be glad to Mr. DOLE. Mr. President, I think That quote, Mr. President, is from work out with the majority leader and there is a serious effort by the Demo- our Treasury Secretary, Robert Rubin. the minority leader the time when we cratic and Republican leaders and the The story goes on, however, and says could consider it. I am more than glad White House to try to see if we can that the currency market did not pay to accommodate. If we wanted to do it bring this to closure. If we cannot, we any attention to our Secretary of the at the conclusion of the other two will pull the bill down. If we can, we Treasury driving the dollar down to amendments, that would be fine. will try to finish it tomorrow evening. yet another record low against the Jap- I can assure the leader that I do not There is no way we can finish it with 97 anese yen. Since the start of the year, think it will take any more than 5 or 10 amendments. That would take the rest the dollar has plunged more than 13 minutes equally divided to dispose of of this week and all of next week, and percent against the yen. it. I will be glad to give an assurance to I have something else planned for next The story goes on and says that the leader and to Senator DASCHLE week. In any event, many other Sen- America’s bulging budget—bulging that we would not consider it until ators have plans for next week. budget—and trade deficits to its after the disposition of at least the two I wonder if it would be all right, be- shrinking savings rate is driving the current amendments. They really are tween now and 6:15, the time equally currency lower, and Washington—that the heart and the thrust of the issue divided. is us—seems unable or unwilling to do here, and they are our first priority. I I thank the Senator from Massachu- anything about it. think they are enormously important, setts. Mr. President, Chairman Greenspan and we ought to consider them. Mr. President, I ask unanimous con- recently called the falling dollar ‘‘un- Mr. DOLE. Mr. President, will the sent—this has been cleared by the welcome and troublesome.’’ He said Senator yield further? The Democratic Democratic leader—that all time be- just recently that ‘‘Foreign markets leader indicated to me that he was pre- tween now and 6:15 p.m. be equally di- were increasingly distressed about the pared to vote on the D’Amato amend- vided between the Democratic leader huge amounts of Washington bor- ment, which indicates that he must and Senator ASHCROFT, or their des- rowing to pay for deficit spending.’’

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5050 CONGRESSIONAL RECORD — SENATE April 3, 1995 The central bank chief—that is, Alan I was speaking to a group of business last week. Now they only require $5.4 Greenspan—also linked last week’s pro- people today, and I said: billion. Never have I seen $1 billion jection—now 2 weeks ago—of the bal- You remember when you went before the saved quite so quickly. anced budget amendment by the Sen- loan officer and the loan officer said, ‘‘I am I had to ask myself why. Well, I soon ate with the latest troubles facing our sorry; I can’t loan you any more money be- discovered it is not that they really dollar. cause of your financial statement.’’ And you The Secretary of the Treasury has turned to the loan officer and said, ‘‘Well, if want to save that money. Instead they gone before the world to try to you just forget the interest payments I am want to spend it on some of their and strengthen the dollar, and the world making to you, I would have a great finan- the President’s favorite programs. cial statement.’’ You know what the reac- Today, instead of setting the money did not pay any attention. The Chair- tion of that loan officer would be. man of the Federal Reserve said our aside to help disaster victims, they dollar has suffered from the failure to Mr. President, the world has taken want to raid a rainy day fund and pass the balanced budget amendment note of the, ‘‘I’m for a balanced budget spend it on so-called volunteers or and it is destabilizing our currency. but I am going to oppose a balanced throw more money at HUD, an agency In deference to time, Mr. President, I budget amendment. I am going to sub- in the midst of its own financial and am not going to read from the seven mit budgets to the Congress and to the management disaster. It is no wonder different economists who are defining people with huge and unending defi- that many of my colleagues agree with the problem with our currency as being cits.’’ And the quickest way we could the Congressional Budget Office’s anal- directly related, as the Reuter’s story turn this around would be for the ysis of what happens when a rainy day acknowledged, to our budget deficits; President to call the leaders of this fund for disasters is set up. I believe we more importantly, to our unwillingness Senate and say, ‘‘Pass it.’’ ought to set money aside, but there are to do anything about it, to the defeat Mr. President, I yield the floor. some questions I have about setting it The PRESIDING OFFICER. The of the balanced budget amendment and up. to spiraling trade deficits. Chair recognizes the senior Senator Let me quote from the disaster task Last week, in front of Emory Univer- from Missouri. sity students in Atlanta, my home city Mr. BOND. Mr. President, I thank the force report which was issued only 3 and State, the President and this same Chair. I would like to get back to what weeks ago. I had the pleasure of serv- Secretary tried to tell those students I believe is the business before us. Are ing with the distinguished Senator, Mr. and America that we really are oper- we on the Daschle amendment as GLENN, from Ohio as co-chair of that ating an operational surplus. I said at amended by the Dole amendment? disaster task force. We brought to- the time that was not factual and, The PRESIDING OFFICER. Yes, that gether all of the information on disas- more important, it was harmful be- is correct. ters and asked the agencies—CBO, Mr. BOND. I thank the Chair. It cause by telling the Nation we have an GAO, CRS—about what we might do. In seems as if we have been at this for operational surplus, you are sapping that disaster task force report prepared some time, and we have had some very the will of this country to do the by the agencies there was a very pro- enlightening discussions in other areas, things it needs to do. phetic statement. Our report said: but this bill, which the distinguished Mr. President, in light of these re- A tendency to spend accumulated funds ports about the falling dollar today, I Senator from South Dakota seeks to amend, is an extremely important one. might be a problem unless the law restricted would like to call on the President of the types of disasters that would qualify. the United States to change his mind I spent some time last week presenting Policymakers could become tempted to be and call on the Congress to pass a bal- the details of this measure and talking more generous in relieving small disasters or anced budget amendment. That is one about reasons why it was necessary for to raid the fund for spending in other pro- of the strongest actions; these state- us to rescind budget authority and out- grams. ments before the world are not having lays for the coming year. Having made those points, I do not want to make Well, Mr. President, that kind of an effect. The world saw us defeat the looks to me like what we had. Only 3 balanced budget amendment. The them again. I wish to instead focus on some of the basic underlying assump- weeks from the report and days from world saw the President’s budgets with the discussion of the rainy day fund $200 billion deficits as far as the eye tions in the Daschle amendment. You will recall that this bill as we re- the first raid is being attempted on dis- can see. The world is watching us argue aster relief. about these minimal cuts right here ported it out of the Appropriations today. Mr. President, the President Committee provides in the current So let me tell my colleagues, if this should call on the six Senators on the year and next year about $6.7 billion is what we can expect, regular, system- other side of the aisle that voted for a for the California disaster relief effort. atic raids on the disaster relief fund to balanced budget amendment 1 year ago The Daschle amendment cuts $1.3 bil- pay for political goals, then I for one, who changed their mind this year, who lion out of that. this Senator, is not going to support participated in what is now happening Mr. President, I would have to say any sort of rainy day fund. what a difference a week makes, be- to our currency worldwide. And the What kind of discipline does this cause last week we heard from our col- best short-term signal we could send to show to the American people, that just leagues on the other side of the aisle this world about our currency is that days after arguing for a $6.7 billion that what we needed was an across-the- we are going to stand up and pass a bal- rainy day disaster fund, the same peo- board cut in all Federal agencies as an anced budget amendment and send it ple now want to raid the fund for other emergency step in order to pay for the to the States for ratification. purposes? How many families set aside terrible natural disasters which have The Senators from New Mexico, funds for emergencies and then suc- afflicted the country this past year. In North Dakota, California, Kentucky, cessfully resist the temptation to raid particular, we heard a very compelling and South Carolina decided to vote them? How many communities and argument from the Senator from Cali- against it this year. They voted for it small businesses set aside funds and fornia about the tragedies in her State last year. The President said he was for then successfully resist the temptation and the need to provide the money so a balanced budget ‘‘but.’’ And I would to just dip in a little more for some suggest to you, Mr. President, that the that the residents of California would reason? But not our colleagues here world has taken more notice of the get their lives and communities back today. They view the disaster relief word ‘‘but’’ than any of the other together. Thus, they offered an amend- fund as a honey pot which lets them things that are emanating from the ad- ment to provide $6.7 billion in disaster avoid tough choices of where else to ministration such as we really have an funding and cut elsewhere across the cut in order to spend more on the pro- operational surplus. board. For Heaven sakes. By the way, the Today, it appears maybe they do not grams they like. reason they calculated that was they need all that money. Today, just a few Instead of standing up and saying, said you would not have to add in our days later, the terrible California dis- ‘‘We don’t like your proposed spending interest on debt and then we would aster described so eloquently is not cuts; here are ours to replace them,’’ have a surplus. going to require the $6.7 billion it did our friends on the other side of the

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5051 aisle, once again show their colors on received $575 million in last year’s ap- in particular, I am concerned about the spending cuts. They say, ‘‘We want to propriation for the current fiscal year. money going to AmeriCorps national spend first and worry about the deficit That is a 58-percent increase for an un- direct programs. and the debt later on’’. tested program. I have not seen any in- Under the act, in 1993, there are three Again, I go back to the prophetic crease of that level in any other discre- different ways that you can receive words of the disaster relief task force. tionary program. At a time when we funds. One-third of the funds are avail- In that report the agency said: are running budget deficits of hundreds able to States according to a popu- Requiring the Congress to cut spending of billions of dollars each year on top lation-based formula. The States then and other programs would raise the political of a debt load of $4.8 trillion, we just choose which programs receive funds. cost of providing disaster relief. Now, in- cannot afford the increase. creases in disaster relief increase the budget Another third of the funds are distrib- This rescission will not affect any uted to programs that are first selected deficit, which may impede economic growth programs now in operation. The fiscal over the long term. But the effects on the by the States and then submitted to standard of living of future generations have year 1995 funds are not scheduled to be the corporation for competitive consid- far less direct influence on political deci- spent until the start of the school year eration. The final third of the funds for sions than having to cut programs this year in September 1995. So we will not have AmeriCorps are distributed directly to or next year. to stop work that is now going on. We the National Service Corporation to No wonder our debt is nearly $5 tril- are simply proposing that the amount programs operated by national non- lion. No wonder the President’s budget available to the programs scheduled to profit organizations, programs oper- thought it would be OK to leave the begin this fall be the same as for those ating in more than one State, and to deficit at $200 billion a year for the that began last fall. Federal agencies. I would like to focus next 5 years, adding another $1 trillion Under the Senate bill, none of the the attention of my colleagues on some to our national debt. This is a debt, Mr. volunteers—or, actually, employees— of these programs. currently serving will be affected. The President, that threatens our economic I think America would be surprised program would remain at the same stability. to learn where fully one-third of the level. The corporation could still in- Our distinguished colleague from funds for AmeriCorps is actually going. crease the number of those it hires and Georgia has already spoken about what I venture to guess that most Ameri- chooses to fund in State and local pro- judgment the international financial cans believe that money in this pot is grams next year by reallocating the markets are passing on the value of the going to help support the efforts of dollar. And it is because we just do not money provided. For instance, the corporation is now some well-established, reputable, main- seem to be too concerned about adding stream volunteer organizations that we another little $1 trillion to our na- spending $32 million on innovation, demonstration and assistance activi- have all come to know and rely on. We tional debt. would expect, Mr. President, the fund- Well, Mr. President, I think it is very ties, which includes training and tech- ing would go to the Red Cross, the Girl serious for our economy and it is very nical assistance for AmeriCorps pro- Scouts, Boys and Girls Clubs, Big serious for our children and grand- grams. Presumably, most not-for-prof- Brothers and Big Sisters, and the 4–H; children who are going to be carrying its that receive funds are already expe- that they would be the ones receiving the burden of that debt on their credit rienced themselves in training new em- funds from that source. That certainly card. ployees and providing services. And Let me speak about one particular many of them are working with true was my expectation. aspect of the Daschle amendment. I volunteers. Needless to say, I was surprised to want to focus on that for, I hope, the The corporation also spent $3 million learn that is not where the money is enlightenment, perhaps, of my col- this year on planning grants. Now, going. So I asked, and the Corporation leagues. But maybe they all know it. those do not fund a single new position, for National Service provided me, with I want to focus on the proposal to re- but simply allow an organization to a list of all applicants in the ‘‘National store national service funding. I be- plan how they will use volunteers in Direct’’ program for 1994, as well as a lieve this issue highlights the funda- the future. And, both the National list of those groups that receive fund- mental differences between those who Service Corporation and the State ing. would shrink Government and those commissions spend a good deal of I have made a chart of some of the who still believe in business as usual. money on public relations and recruit- examples that we have found. I think The bill before us proposed a cut of ment of volunteers—read ‘‘employees.’’ they will be illustrative. $210 million to bring AmeriCorps and I would argue that we can do less of All of these groups applied for other new programs authorized by the that since the program is now well es- ‘‘AmeriCorps Direct’’ awards for fiscal 1993 National and Community Service tablished, if it is continued, and it is year 1994, as well as many other Act back to the fiscal year 1994 level. well known. groups. This is not the exclusive list. The fiscal year 1995 appropriation for In addition, the corporation awarded Here is the list of who was funded this year was $575 million; the rescis- more than $14 million to Federal agen- and this is a partial list of those who sion currently in the bill would bring cies this year, nearly 10 percent of the were not funded. Many well-estab- that funding level back to $365 million. total amount available for AmeriCorps lished, reputable, and noncontroversial The National Service Corporation had grants. Why are we padding the Fed- voluntary organizations did not receive hoped to have 33,000 volunteers en- eral payroll with paid, they call them, funds. But look at the list of those who rolled by the end of fiscal year 1995. volunteers—I call them employees—at did receive funds, in addition to those The bill before us, as reported out of the same time the administration that are Federal agencies. Can you say committee, would keep the number of claims it is downsizing the civil serv- ‘‘politically correct’’? volunteers—and I say ‘‘volunteers’’ in ice? quotes—at about 20,000. I urge my col- We cut it on one hand, but we call Take a look at what we funded. This leagues to vote against the Daschle them volunteers and we spend $14 mil- was our volunteer money. We are amendment for the additional reason lion hiring them on the other hand. I downsizing the civil service, cutting because I do not believe the increase in think there is a good deal of room to the Federal Government, getting rid of funds for AmeriCorps is justified. make cuts in these areas if the cor- employees. The cut we have proposed is legiti- poration wants to increase the number So why is the money going to hire mate. We are not gutting the program, of those serving in State and local pro- people in the Department of Agri- as some have suggested. The corpora- grams, under the bill. culture, the Department of Energy, the tion actually received a huge increase I remain a great skeptic of the pro- Department of the Interior, the De- for the current fiscal year over the fis- gram. I am looking forward to con- partment of Justice, the Department of cal year 1994 level. They had $365 mil- ducting oversight hearings, which we Labor, the Department of Transpor- lion in fiscal year 1994 for AmeriCorps will have in our subcommittee during tation, the Environmental Protection grants, education awards, technical as- the next few months, to determine ex- Agency, and the Department of Vet- sistance, and related activities. They actly where our money is going. And, erans Affairs?

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5052 CONGRESSIONAL RECORD — SENATE April 3, 1995 Sounds like a good way to cut the the volunteer work is actually being agencies is a stark and compelling con- civil service. If you get a program, call done, where people volunteer their trast. To think that the Future Farm- it a ‘‘volunteer’’ program and use it to time and their resources, that the deci- ers of America applied and were turned fund these. sionmaking occurs, that is where deci- down when the Department of Agri- And then there are others, ACORN sions to fund the Federal Departments culture was funded; to think that the Housing, Legal Services Corporation, and those agencies which carry out the 4–H Council applied and was turned National Endowment for the Arts, Na- politically correct goals happen. down while the Department of Energy tional Community AIDS Partnership. I suggest that the funding decisions was funded; to think that the Depart- These are the programs being funded of the national corporation may not re- ments of Interior, Justice, and Labor by the AmeriCorps direct funding pro- flect the priorities of American people. were successful applicants when no gram. I have not examined the decision of the ‘‘volunteers’’ were provided to the Girl These are some of the ones that are State commissions sufficiently to be Scouts or the American Red Cross. In not funded, and somehow it strikes me able to comment on those. We will ex- my mind, and I think my good friend as passing curious that they chose not plore those in the VA, HUD Appropria- would agree, this reflects very poorly to fund the Future Farmers of Amer- tions Subcommittee during our fiscal on the character and quality of the ica, the National 4–H Council, the Girl 1996 oversight hearings. AmeriCorp Program. Scouts of America, the American Red But for the purposes of the discussion Mr. President, we are not talking Cross, Big Brother/Big Sisters, Boys of the Daschle amendment, I abso- about rescinding Federal money in a and Girls Clubs, National Audubon So- lutely do not believe we should restore vacuum. I believe this entire debate ciety, Appalachian Mountain Club, funding for the Corporation for Na- must be placed in the context of Amer- American Library Association, United tional Service. In fact, considering ica’s financial condition. The American Negro College Fund, United Way of some of the other tough decisions we people are alarmed at a $4.8 trillion America, and United Cerebral Palsy have made, there is room for further debt. Last November, they said ‘‘It is Association. cuts. We are only bringing the program time to stop this out of control spend- I have had an opportunity to work back to the 1994 level. Based on what I ing, and put our fiscal house in order.’’ with many of these fine organizations, described, I believe that is overly gen- In family budgeting, what father or and when you are talking about volun- erous. mother would say, ‘‘Even though we teers, this is where I think you need For these reasons, I urge my col- are $72,000 in debt, business as usual support, if you need support, to get leagues to turn down the Daschle will suffice.’’ Despite our massive debt people who are actually doing volun- amendment. The Daschle amendment and rising deficits, Bill Clinton has teer work. has one provision which has been called suggested just that. The President has Mr. SANTORUM. Will the Senator to our attention by Senator INOUYE, projected $200-billion-a-year deficits for yield? the problem with funding for Indian as far as the eye can see. Mr. President, Mr. BOND. Yes. housing. I have been working with Sen- this type of unrestrained spending Mr. SANTORUM. Are those not fund- ator INOUYE and his staff. I believe we must stop. ed? Did they apply for grants and were can accommodate the needs of Senator So, I rise today in support of the ma- refused? INOUYE for the Indian housing. jority leader’s amendment. If enacted, Mr. BOND. These are agencies all of I think we need to take special rec- this package would significantly de- which applied. ‘‘Funded’’ are the ones ognition of the problems which may crease discretionary spending for this which were funded by the AmeriCorps arise there at a later time in the dis- fiscal year. More importantly, it would direct program. The ones ‘‘Not Fund- cussion of this bill when we have an achieve that end by attacking non-es- ed’’ are the ones I just read, beginning amendment, however we work it out sential government services. with the Future Farmers of America. with Senator INOUYE, who has been a AmeriCorp, which I discussed earlier, is Mr. SANTORUM. That is amazing. leader on this, and Senator MCCAIN. a perfect example. This so-called vol- Mr. BOND. That is exactly my point. We will attempt to work out a good unteer program, which costs $30,400 per I do not believe that the priorities cho- compromise to make sure that the cuts participant per year, is not a volunteer sen by the National Service Corps are do not fall unnecessarily heavily on program at all. It is a way of paying in- the priorities of the American people. our native Americans. I will discuss dividuals to do things that people al- Americans do choose where they give the particular needs of that program. ready do. their time voluntarily. We know where That, too, is included in the Daschle Mr. President, out of the $30,000 used people want to give and work as volun- amendment. to support each volunteer in this pro- teers. Over 80 million Americans But the main point of the Daschle gram, $15,000 goes to administration choose to donate unpaid time to chari- amendment is to cut $1.3 billion from and overhead costs. That means that table volunteer work each week and what was described last week by my this is really just a program to support they choose their churches, their colleagues on the other side of the aisle the Federal bureaucracy. Then, when schools, their hospitals, the Red Cross, as ‘‘critically needed, vitally impor- you think of the rest of the money— the Girl Scouts, the Big Brother/Big tant, let’s-do-it-now emergency relief’’ the $15,400 that is left over for the vol- Sisters. They do not choose to donate so we can go back and spend money on unteer after you have paid the $15,000 their time to the Environmental Pro- HUD, which is already spending too for overhead and costs—you have to tection Agency, the Department of much money, on the National Service understand that 20 percent of all of Transportation, or the Department of Corporation, the AmeriCorps direct those volunteers are working in the Labor. dollars, which are keeping all those Departments of Agriculture, Energy, I think the American people might wonderful people employed at Federal Labor, the Environmental Protection well be shocked to learn that these agencies. Agency, or the National Endowment Federal agencies were chosen over Mr. President, I just do not believe for the Arts. other well-known, well-established and we need to restore those cuts. So I urge AmeriCorps. It sounds like you ought much respected volunteer organiza- my colleagues not to accept the to stand up and salute. The truth is tions which were turned down. Daschle amendment. that the American people ought to I am sure that if you go back to the I yield the floor. stand up and grab their wallets because State programs, my colleagues will un- Mr. ASHCROFT addressed the Chair. it represents a raid on their resources. doubtedly show me examples of Girl The PRESIDING OFFICER. The And not just the American people, but Scouts and Red Cross programs funded Chair recognizes the junior Senator also the yet unearned wages of genera- through the State commissions, one of from Missouri. tions to come. two sources of funding, but that is not Mr. ASHCROFT. Mr. President, I Mr. President, we hear over and over the area of national priorities. The cor- want to commend the senior Senator again from the Democrat party that we poration has clearly chosen not to fund from Missouri for an outstanding pres- have to save the children. Well, let us those groups. The further away from entation. The juxtaposition of the save them from bankruptcy. Let us States and local communities where funded agencies and the volunteer practice a little responsibility. The

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5053 Senator from California earlier today bility. Are we or are we not people who that the Government is receiving to said, ‘‘Say goodbye to Big Bird,’’ as if pay our bills? Do we live with the con- keep that deficit from escalating. we were to curtail funding for public sequences of the decisions we make? Those are the real issues. broadcasting there wouldn’t be any Are we willing to accept responsibility Now I want to talk for a few mo- worthwhile children’s programming. for what we do? If our citizens make ments about the impact of the pro- This is nonsense and the American peo- that kind of commitment, the coming posed rescissions on education, because ple know it. In fact, a recent Lou Har- era can once again be called the Amer- I believe very strongly that not only ris poll found that public broadcasting ican century. Regrettably, as a Govern- should we try to maintain funding in is third on a list of Federal programs ment, we have yet to make that com- education but wherever possible we that should be abolished. mitment. Some of us are concerned should try to increase funding. Only $7.5 million of the $300 million that as citizens we have not made that As I travel around my State, Mr. spent on PBS goes directly to chil- kind of commitment either. Maybe our President, and ask people in town hall dren’s programming. Where does the Government is not teaching responsi- meetings, ‘‘What percentage of the money go? It goes to purchase and de- bility the way it ought to. Maybe our Federal budget do you believe is com- velop programming for wealthy adults. example speaks so loudly to young peo- mitted to improving education?’’ Some According to one of its own member ple that they believe they are not re- say maybe 5 percent, others say, maybe stations, WMET, ‘‘one out of eight con- sponsible for the actions that they 10 percent, and we get into discussions tributors to PBS is a millionaire. One take. After all, when we continue to over how much money is spent on edu- out of seven has a wine cellar, and one appropriate and spend, when we con- cation. I respond, ‘‘Let me tell you, it out of every three has spent time in tinue to obfuscate and mislabel, gov- is 1.7 percent of the Federal budget Europe in the last three years.’’ This is ernment fails in its obligation to the that is committed to improving edu- not a social welfare program, it is wel- citizenry. cation in this country.’’ fare for the rich. Mr. President, these Mr. President, let us instruct the That is a figure which is down sub- are the types of people taking advan- young people of this Nation properly. stantially from what it was a decade tage of PBS, and taking advantage of Let us show them that we have the ago. In 1985 we committed 2.5 percent the American taxpayer. As my friend willingness to exercise the discipline of our Federal outlays to improving Senator PRESSLER noted, the wealthy necessary to succeed in balancing the education. This last year, it was 1.7 donors to public broadcasting could budget. In my mind, this means not percent. easily make up the 14 percent of Fed- only having a rescission bill, but also Mr. President, education is not the eral funding that CPB receives if they supporting the majority leader’s cause of our large Federal deficit. It simply gave an additional $55 a year. amendment. It is my sincere hope that has been taking its share of cuts all Mr. President, I believe we also need the Senate will do just that. along and, in fact, even if the amend- to look carefully at the foreign oper- I yield the floor. ment of Senator DASCHLE is approved, ations budget. The House suggested re- The PRESIDING OFFICER. The there will be substantial cuts in edu- scinding $191.6 million. The Senate cut Chair recognizes the Senator from New cation as part of this rescission bill. We only $100 million. Well, I think we Mexico. are willing to accept that. ought to be rescinding what the House Mr. BINGAMAN. Mr. President, I rise There are 19 different programs that proposed. The additional $91.6 million to support the amendment by Senator the Department of Education operates would bring our total Federal foreign DASCHLE, and I am doing so primarily dealing with education. The proposed operations reduction to 1.4 percent. If because of my belief that we should not amendment of Senator DASCHLE would we are serious about balancing the make as drastic cuts in the education try to restore funding to the level we budget, and if we really care about accounts as the majority leader would appropriated and authorized last year kids, we must at the very minimum do have the Senate make. in 7 of the 19—not in all of them—but that. Let me put this in context, Mr. Presi- in 7 of the 19. So, we have an opportunity to say to dent. I know there is a lot of talk Programs such as the title I grants the American people that we heard the about, are you in favor of deficit reduc- which go to schools with disadvantaged message of November 8. We understand tion, or are you not in favor of deficit children; the school-to-work opportuni- that it is important for us to make se- reduction? I honestly believe that all ties, which help students to transition rious cuts. The Senate has a $13 billion Members are in favor of deficit reduc- from school into employment; the Safe rescission package. The House was at tion here in the Senate. We want to and Drug-Free Schools Program; and $17 billion. Thus, we can add the $1.3 find an appropriate way to accomplish the Immigrant Education Program, billion in this amendment and still not that. aimed at those people who are legally make it to the House level. In my opinion, the test of whether we here in the United States legally work- Mr. President, during the debate on are serious about deficit reduction will ing with green cards and their children the balanced budget amendment, mem- come in two areas. First, our willing- need to be educated. ber after member who opposed the bill ness to curtail spending in a whole The Head Start Program. Mr. Presi- talked about making tough choices. range of areas—not just the areas being dent, there are many students, many Furthermore, they all indicated that addressed by this bill, but all areas— children in my State who would like to they were ready to move toward a bal- defense, intelligence, community fund- participate in the Head Start Program. anced budget. Let me suggest that now ing, agricultural subsidy funding, for- However, there is inadequate funding is the time to begin. It is time because eign aid funding, as well as the domes- for them to do that. In most cases, that is what the American people sent tic accounts. Entitlements are a key these are children of very low-income us here to do. Unfortunately, the Presi- part, when we are serious about con- families. I think that the Head Start dent continues to takes us down a dif- straining spending. Program is a good investment for our ferent road, a road of increased deficits The second area in the test of wheth- country. I think we can legitimately be and debt. Let this Chamber be dif- er we are serious is whether or not we for deficit reduction without cutting ferent. Let this Chamber fundamen- will reject the siren call to cut taxes. back on the funding for the Head Start tally alter the way Washington works. There is a major effort, on the other Program. We should rescind the funds which were side of the Hill this week to try to go I want to urge my colleagues to proposed by the committee and add to ahead and cut everybody’s taxes, par- think about priorities as we go about it what the majority leader has sug- ticularly the taxes of the wealthy. In this cutting exercise. It does not do gested. If we do, we will begin to dem- my view, that is not a responsible ac- any good to rush ahead with cuts in all onstrate responsibility, and that brings tion if we are serious about deficit re- areas. The American people want Mem- me to my last point. duction. It does not make any sense to bers of Congress to be very selective in I think what Government does is give speech after speech after speech the cuts that we make. The Wall Street teaches. We all talk about the value of here in the Congress about our concern Journal and NBC News did a poll re- education. The most important lesson about the deficit and then turn around cently that said that 79 percent of we can learn is the lesson of responsi- and cut taxes and reduce the revenue Americans believe that cutting Federal

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5054 CONGRESSIONAL RECORD — SENATE April 3, 1995 spending for education takes this coun- minutes of the majority time to the course, as we know is not a volunteer try in the wrong direction. Senator from Arizona, Senator KYL. at all but is paid for work, $20,000 to That is exactly what the majority Mr. KYL. Thank you, Mr. President. $30,000 a year, $40,000 in Alaska—as leader is proposing that we do here I thank my colleague for yielding. could be spent to fund eight Pell grants today. He is proposing that we go Let me take a couple moments, first for needy students to come to school. ahead with major cuts in the Federal of all, to address some of the comments As we know, the Pell Grant Program is funds for education. I think it is a of my colleague from New Mexico, be- based on need; it goes to needy stu- shortsighted approach. I think we will cause I think the debate is fairly dents. So we could send eight needy at some stage down the road regret our framed by some of the things which he students to college for what we are action. had to say. It does demonstrate the dif- spending today on one volunteer in the This year, we are spending 1.7 per- ference in approach that we take to AmeriCorps Program. cent of the Federal budget on edu- this matter of reducing the Federal This chart makes the point. At this cation. We can continue to ratchet spending and trying to find ways to re- level here, you have the 3.9 million that down. We can get it down to 1 per- scind spending from last year which is young people in America who are vol- cent. We can get it down below 1 per- what the Dole amendment is all about. unteers today, not being paid a penny cent and we will still have a very large The Senator from New Mexico makes for their volunteer service, and here Federal deficit. Mr. President, we are a primary point that education funding you have the maximum of 20,000 young kidding the American people if we sug- should not be further cut. I would like Americans who will participate in the gest to them that cutting our funds for to make two points with respect to AmeriCorps Program. Head Start is going to solve the deficit this. What is the cost? Bear in mind, these problem. It is not going to solve the The first is, as far as I am concerned, almost 4 million people get paid noth- deficit problem. We need to acknowl- it is not a matter of cutting spending. ing. These are the youngsters, the edge that upfront and go after some of It is a question of who does the spend- youth of our country, young men and the areas where real money is being ing. Our idea here is that the Federal women, teenagers and young people spent in our Federal budget. There are Government should do less of the who are doing volunteer work who are many of those areas. spending and that the families of between the ages of 16 and 24, as com- I urge my colleagues to join in some America should get to do more of the pared to these 20,000. What is it cost- of the other proposals which will un- spending. ing? This makes the point about the doubtedly be made as we get into con- As a result, when we talk about a Pell grants, as I said. Here are the sideration of the budget resolution, $500 tax credit for children, for exam- number of people, Pell grant recipi- which involves serious cuts in Federal ple, what we are saying is, who would ents, who could be funded with the spending for the future. you rather have spend the money on money for one AmeriCorps volunteer in Mr. President, it is not as easy as your children? The Federal Govern- the State of Alaska. just saying ‘‘Cut, cut, cut,’’ regardless ment or the family who is responsible Incidentally, we might ask the ques- of the impact on whoever in our soci- for their care? tion, why does it cost over $40,000 a ety, and ‘‘Cut, cut, cut’’ regardless of We would rather give the family the year for an AmeriCorps volunteer in what priority is thrown out the window $500 per child and let them decide Alaska, but we will leave that for an- in the process. We need to be specific whether they are going to enroll their other day, perhaps. about where cuts make sense and child in a special education program, The point is, with this Alaska volun- where they do not make sense. Clearly buy a new computer, get some books or teer, if we rescinded the money for that we need to find ways to conserve fund- in whatever way they feel it best to AmeriCorps volunteer, we could send ing and to restrain Federal spending. spend that money for their children’s over 28 needy young Americans to col- I expect by the end of this legislative education—to do that, rather than to lege next year. That is what education session, I will have done at least as assume that the Federal Government is all about. So when some of our col- much as most of my colleagues on both can put better use to that money than leagues say we need to pay more atten- sides of the aisle to support cuts in can the families of America. That is tion to education, I say you bet we funding for a variety of Federal activi- the theory for our approach to this should, in two respects: ties. question of Federal spending. First, we should not waste it on pro- However, cuts in education at this Second, to get right to the point of grams that really do not help the stage in our Nation’s history do not the rescission package that is before needy. We should put it where it does make sense. They are not supported by us, the Dole amendment, says that we the most good. That means going along the American people. Senator DASCHLE should add about $1.3 billion in rescis- with our package of rescissions here tries to restore a few of the funds that sions, in other words in cuts to the with respect to AmeriCorps. are otherwise proposed to be cut. I sup- package that has been put before the Second, instead of talking about cut- port him in that effort. I wish we could body from the Appropriations Com- ting education funding, we ought to restore more. However, we are not able mittee. This would conform, or get talk about who actually does the fund- to. close to conforming, the Senate pack- ing. Who does the spending? It ought to Even if the amendment of Senator age of rescissions with the House pack- be the families of America, not the DASCHLE is adopted, there will be re- age, at roughly $16 or $17 billion. U.S. Government. scissions in virtually all the programs, Let us talk about how it might affect I was curious about the chart that lesser rescissions than are proposed by education. One of the items we would was behind the Senator from New Mex- the majority leader but rescissions like to rescind more of the money on is ico, and I gather has been used by some still. There are 12 of the 19 programs the AmeriCorps Program that the Sen- of the Senators on that side of the that are in the Education Department ator from Missouri was talking about a aisle. The whole point of the chart is which will take significant cuts even if moment ago. The AmeriCorps program who gains and who loses, and that is the Daschle amendment is adopted. in the House rescinds, or has rescinded the way a lot of liberals look at the Mr. President, I will not belabor the in it, about $416 million to a level of American Government. It is a zero sum point, but I do think the least we can $158 million, close to $159 million, for game. We need to take from them so do here in the U.S. Senate this evening next fiscal year. The Dole amendment we will have something over here. It is is to try to maintain last year’s level would conform the Senate position to never taught that John F. Kennedy of funding in some of these key pro- the House position. Right now, the used to engage in trying to expand the grams that relate to education. That is Senate position is to only rescind half pie. Remember what he said, ‘‘A rising what Senator DASCHLE’s amendment that money. tide lifts all boats.’’ does. That is why I urge my colleagues How does the AmeriCorps program His point in saying that, by the way, to support the amendment. I thank the affect education in our country? Here was we needed to have a capital gains Chair. I yield the floor. is one way. The AmeriCorps Program cut for corporations. It does not sound Mr. ASHCROFT. Mr. President, I spends as much money on one person, like the Democratic rhetoric that we yield 10 minutes of the remaining 20 one so-called volunteer—who, of hear today. But this was a Democrat

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5055 President who understood if we are all because I know the Senator from Penn- The principal area that we are trying better off we are all better off, and you sylvania has something to say about to deem the cuts, so to speak—the big- cannot be employed if there is no em- this, as well. gest one—is the President’s own rescis- ployer, and employers need money to Mr. FAIRCLOTH. I thank the Sen- sions package, which is $337 million of pay for people, to pay for their employ- ator for allowing me to ask the ques- what he termed pork, special interest ees. So he understood that making ev- tion. demonstration projects put in by Mem- erybody better off is the name of the Mr. KYL. Let us just sum it up this bers of Congress, both the House and game, not arguing over the size of the way, because there are a whole list of Senate. They are the President’s own existing pie. programs that are the subject of the re- rescission. We are saying let us vote on That is what the chart that the Sen- scission in the amendment of the Sen- your President’s own rescissions, and ator from New Mexico was standing ator from Kansas, the distinguished let us reduce the deficit as he would next to basically tries to portray—who majority leader. like to have seen done with these re- gains and who loses. The majority leader’s amendment— scissions. Our idea is that is the politics of what we will be voting on tomorrow— Another big area is the AmeriCorps envy. As I said, it is a zero sum game. is to add some rescissions, some addi- Program, which is the national service Our general point should be to reduce tional reductions in spending to pro- program, which we have heard some Federal spending generally so there is grams like AmeriCorps, as we pointed talk about, which I will mention brief- more left over for the American family out, foreign operations, the foreign aid ly. to spend so there is more left over for program that the Senator from Mis- But the one that I think has gotten a savings and for investment, for growth souri talked about, the Corporation for lot of publicity which I think is just an in the American economy so that our Public Broadcasting that the Senator amazing program that gets funded here children and grandchildren will have a from Pennsylvania has talked about, is the Corporation for Public Broad- better future. the Internal Revenue Service—there casting. This is a very controversial Mr. FAIRCLOTH. Will the Senator are a whole variety of them. My col- measure. I think I have received more from Arizona yield? league from Arizona, JOHN MCCAIN, had mail on attempts to cut the Corpora- Mr. KYL. I will be delighted to yield. suggested about $337 million in cuts tion for Public Broadcasting than any Mr. FAIRCLOTH. This bill cuts $13 that the President himself requested other single issue that has been before billion from the Federal budget. That and that this body has not seen fit to the U.S. Congress. is roughly 1 percent. include in its rescissions package. That is interesting in the sense that If we cannot muster the fortitude to Let me conclude with this. It is not it is only $285 million in the budget. I take 1 percent out of the budget here as if we are trying to do something was reminded by a television station in and now, what does it say for future rather odd here in suggesting a little Pennsylvania, WHYY, that it is only deficits? more in the way of rescissions. On the .003 percent of the national budget, so Mr. KYL. I say to my colleague from AmeriCorps Program that we were it is not significant. ‘‘Why are you North Carolina, that is the same ques- talking about, what was the vote in the picking on us?’’ I heard the Senator tion I had been asking all last week House of Representatives for rescinding from New Mexico say, ‘‘Well, education when various people said to me, ‘‘My twice as much as the Senate is pro- overall is only 1.7 percent of the budg- goodness, you are cutting something posing to rescind? Was that a partisan et. Why are you picking on us?’’ We are out of this and cutting something out vote? Democrat and Republican? The not going to balance the budget on edu- of that?’’ vote was on March 15, 382 to 23. This is cation. We are not going to balance the I said, ‘‘This is just the beginning. If a bipartisan understanding of what we budget on the Corporation for Public you do not have the fortitude to do need to do to get our budget deficit Broadcasting, nor on AmeriCorps. If this, how are you ever going to balance under control here. So, by a vote of 382 you keep going down, do you know the budget?’’ to 23, the House of Representatives what are going to come up with? We By the way, these were the same peo- voted to rescind about $416 million will not balance the budget because we ple who were against the balanced from AmeriCorps. will never get any of this stuff. We will budget amendment on the basis we It seems to me that the Senate could never balance the budget. were elected to make the tough deci- do just as well. What is the answer? Let us cut the sions. Looks like they are running for So I hope that our colleagues will big programs. OK. Let us all line up the woods now. support the Dole substitute when it here. Everybody who wants to cut Mr. FAIRCLOTH. What it amounts to comes to a vote, and I appreciate the Medicare, come on down the aisle. is not only have we failed to pass the Senator from Missouri yielding time. Come on. Come on down the aisle. balanced budget amendment, we are Mr. ASHCROFT. Mr. President, I There is nobody coming down the aisle. here in deep debate over whether we yield 5 minutes of the time allotted to Nobody wants to cut Social Security? can take 1 percent out of it. We saw, by the majority leader’s amendment to Come on. It is a big program, $200 or failure to pass the balanced budget the Senator from Pennsylvania. $300 billion. Come on down the aisle. amendment, very clearly that the The PRESIDING OFFICER. The Sen- Where is everybody? Where is every- value of the dollar against every other ator from Pennsylvania is recognized body who wants to cut Medicaid? industrialized currency throughout the for 5 minutes. Where is everybody that wants to cut world took a deep dive. The Senator Mr. SANTORUM. Thank you, Mr. national defense? Where is everybody from Georgia talked about it earlier. President. who wants to cut the big programs? Now we are further reinforcing the idea I thank the Senator from Missouri The Government is made up of a few throughout the financial communities for yielding. I would like to follow up big programs but lots of little pro- of the world that we do not intend to on what the Senator from Arizona and grams. A lot of these little programs reduce the budget. We are simply going others have spoken about with respect are very good programs. A lot of them to talk about it. to this amendment by the Senator are well-meaning programs. But, frank- Mr. KYL. I think the Senator from from Missouri, both the senior and jun- ly, a lot of them need to be pared back North Carolina makes an excellent ior Senators with respect to the or need to be eliminated. point there. AmeriCorps Program. I happen to believe the Corporation Mr. President, might I inquire how I would first like to touch on the Cor- for Public Broadcasting is one. The much time remains on this side, for the poration for Public Broadcasting. We reason we are having so much trouble, Senator from Missouri? are proposing in this amendment to in- frankly, is because of letters like this The PRESIDING OFFICER (Mr. crease the amount of rescissions—in sent out by the president of WHYY–TV GRAMS). Nearly 12 minutes remain. other words, to reduce the deficit—by in Philadelphia, and as a result of nu- Mr. KYL. Let me sum up. If the Sen- an additional $1.3 billion, restore the merous public broadcasting info- ator from North Carolina has more to California disaster relief funds of $1.3 mercials and public broadcasting, both talk about here, that will be fine. Oth- billion, and add $1.3 billion in cuts with on radio and television, to write your erwise, let me take a minute to sum up the Dole amendment. Congressman and Senator and

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5056 CONGRESSIONAL RECORD — SENATE April 3, 1995 say, ‘‘Do not let them take Barney and ‘‘Sesame Street’’ combined have royal- EXHIBIT 1 Big Bird off the air. Do not let them ties of about $2 billion of which the TEXT OF SENATOR RICK SANTORUM’S LETTER take our subsidy away. Go out there Corporation for Public Broadcasting TO CONSTITUENTS and lobby on our behalf,’’ hiring lobby- gets virtually nothing. ists and people to come down here and Various other programs—I have my Federal funds for public broadcasting are administered and distributed by the Corpora- try to convince us to keep the money share of ‘‘Shining Time Station Puz- flowing. Keep that money flowing to tion for Public Broadcasting (CPB). The CPB zles’’ for my 4-year-old and my 2-year- makes direct grants to public television and the Corporation for Public Broad- old. I have my share of other things radio stations, as well as grants to the Pub- casting. from the ‘‘Puzzle Kids,’’ whatever they lic Broadcasting Service (PBS) and national I have written a letter of I think are called, something like that. I do Public Radio (NPR) for program projects and three or four pages in response to the not know—‘‘The Puzzle Gang.’’ I have a productions. In 1994, the CPB received $253 constituents who have asked me. It is a bunch of this stuff—Mr. Rogers, a won- million from Congress. letter that I gave a lot of thought to, derful man from my hometown of The majority of funding for public tele- and I said here are all the reasons why Pittsburgh, who does a tremendous job vision and radio does not come from the I think the Corporation for Public for the community, does a tremendous CPB, but rather from member stations, edu- Broadcasting should be cut. show. But these assets can and should cational institutions, corporations, and pri- These stations in Pennsylvania de- be used, instead of going to public vate citizens. For example, in 1993 the CPB cided they are going to write a letter broadcasting, go to the taxpayers, who provided only 14.2% of the industry-wide responding to my letter and lobbying go out and work darned hard for their spending for public broadcasting. It is also and pointing out all the flaws in my dollars, to have it funneled through important to note that PBS and NPR are not divisions of the CPB; they are private, non- letter. here to pay for the Corporation for I ask unanimous consent to submit profit organizations that utilize federal Public Broadcasting, to pay for a lot of funds to supplement their operating budget. for the RECORD following my statement the other things. a copy of this letter and a copy of my In 1993, the CPB provided only 13.9% of the He mentions one other thing. He says total PBS budget and 4% of the total NPR response point by point. The PRESIDING OFFICER. Without the Senator’s comments are ideolog- budget. It is therefore not accurate to sug- gest that ‘‘Sesame Street’’ and other popular objection, it is so ordered. ical, that I come at it from an ‘‘ideo- logical standpoint.’’ He is absolutely PBS shows would be forced off the air if CPB (See exhibit 1.) funding were reduced or eliminated. Mr. SANTORUM. Thank you, Mr. right. I do come at it from an ideolog- President. ical standpoint. My ideology is that In this time of federal downsizing and fis- I will tell you that, while he says all the Federal Government should not be cal reform, tough decisions need to be made these things are in fact not true, the supporting these things, that we need about government spending. Last year Con- fact of the matter is they are all true. to reduce the size of Government. But gress reduced funding for the Low-Income it certainly is not from the ideological Home Energy Assistance Program (LIHEAP), Everything that I have in that letter is which is vital to Pennsylvania senior citi- exactly right. He is providing informa- standpoint that I do not agree with zens. Congress has also taken steps to close tion. I can go through just some of what is on there. That is irrelevant. the Philadelphia Naval Shipyards, which em- them. I suggest in my letter that there Does the Federal Government, when we ploys thousands of Pennsylvania residents. are many private sector sponsors who have limited resources, have a role of With cuts of this nature taking place, it is would like to be involved, and who supporting broadcast television in an hard for me to justify the continued use of could—and in fact are—supporting pub- era where broadcast television is al- federal resources to subsidize the well-en- lic broadcasting. And we could in fact most as much a dinosaur as the crank dowed public broadcasting industry. privatize the Corporation for Public phone when we are going to cable and If Congress acts to scale back, privatize, or Broadcasting, which is the entity by direct satellite communications? We eliminate the CPB, I am confident that the which the Federal funds flow through. should support public broadcast tele- resulting loss of funds for public television The PRESIDING OFFICER. The Sen- vision? It is ridiculous. We have to and radio will be compensated by new cor- ator’s 5 minutes have expired. move into the 21st century in the U.S. porate sponsorship and public support. Sev- Mr. GRAMS. I yield an additional 2 Senate just like public broadcasting eral major corporations have already ex- minutes from the time allotted to the has to move in the 21st century in tele- pressed interest in supporting a privatized Corporation for Public Broadcasting. majority leader for his amendment. communications. The PRESIDING OFFICER. Without That is what this is all about. I can In addition, PBS, a major contributor and supporter of public television, has yet to uti- objection, it is so ordered. tell you that we are going to have a Mr. SANTORUM. Thank you. I thank lize its full range of funding options. You battle about this. I do not know if we may or may not be aware that commercial the Senator from Missouri. are going to win. I tell you, if we do I say you can privatize the Corpora- products related to Barney, the amiable chil- not win, I question the sincerity of the tion for Public Broadcasting, which is dren’s character on PBS, grossed almost $1 people in this Chamber to really do billion last year. PBS receives almost none an entity located here in Washington anything about reducing the deficit. I of these profits because it chose not to se- that the Federal dollars are allocated really question whether we are really cure licensing rights for commercial prod- through. He responds and says that willing to stare at children who are ucts related to PBS shows. PBS will also re- public broadcasting stations may not facing 82 percent tax rates, as PAUL ceive very little of the $800 million grossed by Federal regulation be for-profit en- by ‘‘Sesame Street’’ products. To put it COVERDELL says, in 10 years only hav- terprises. Well, I did not say anything bluntly, I do not think taxpayers should pay ing five Federal programs left if we about for-profit stations beings owned to put Barney on public TV for Barney to just do nothing. How can we stare by the private sector. What I said was make billions of dollars. If PBS were to se- those children in the face, that we say, that we could privatize the organiza- cure even a small percentage of these earn- as in the Daschle amendment, we care tion that provides some funding to ings through product licensing, the lost about so much? How can you care those stations, which in fact we can, share of federal funds would be easily re- about someone and let them keep 18 placed, or even doubled. and which the Senator from South Da- percent of what they earn? How can kota, Senator PRESSLER, is in the proc- Congress has also provided other means of you care about someone if you are not ess of trying to do by statute. support or public broadcasting besides direct This is the bait and switch which is willing to stand up and defeat the spe- funding through the CPB. Over thirty years ago, Congress directed the Federal Commu- going on in this letter. In his letter he cial interests and do what is right for nications Commission (FCC) to designate says: the long-term interest of the American children? This Daschle amendment, specific VHF television channels for edu- The Senator describes American public cational broadcasting. This FCC frequency broadcasting—an effort in constant threat of putting more money in programs today, is not the answer. Preserving allocation program continues to allow public financial starvation, forbidden to sell any- television and radio stations to remain ex- thing and forbidden to make a profit—as the fiscal integrity of tomorrow is empt from the sizeable fees and costs paid by ‘‘well-endowed.’’ what really is going to help America’s private commercial stations. Congress has I do say they are well endowed. I jus- children. also given non-profit status to public broad- tify that by saying that ‘‘Barney’’ and I yield the floor. casting stations, allowing them to receive

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5057 tax-deductible contributions and avoid pay- The nonprofit status was ordered by the doing that in a meaningful way with- ing corporate taxes, which amounts to a fed- FCC, which prohibited commercials on the out reducing the overall commitment eral government subsidy. I continue to sup- new stations, in order to eliminate possible to deficit reduction one iota. port these significant accommodations made competition between commercial and edu- That is really what this amendment by Congress for public broadcasting. cational stations. He also claims that ‘‘pri- After considering the factors of private vate commercial stations’ pay ‘‘sizable fees does. It provides the kind of commit- funding, commercial licensing, and addi- and costs’’ that the educational stations do ment we need for working families, and tional federal supports for public broad- not. This is simply not so. the commitment especially we need for casting, I have reached the conclusion that It’s important that the current conversa- children. But it also recognizes the the future of public broadcasting in the tion about public broadcasting in America be need for deficit reduction because chil- United States is not dependent on continued elevated to a reasonable, civil level, a level dren and working families are directly funding through the CPB. The CPB has on which fact, opinion and fantasy can be affected by that as well. played an important role in expanding access separated, a level on which ideology plays a We do so by restoring some of the to public broadcasting and improving pro- minimal role and a level on which service to gram quality since its establishment in 1967. Americans is the goal. cuts that were made in areas that di- Now that these primary goals have been We appreciate your continued interest. rectly affect children in the most sig- achieved, I believe it may be time for Con- Sincerely, nificant way—children dependent upon gress to evaluate proposals to downsize, pri- FREDERICK BREITENFELD, JR., child care, so that working families vatize, or discontinue this organization. President. can meet their obligations at the work- Americans have shown a strong commit- place; Head Start for children who de- ment to supporting public television and THE ERRONEOUS WHYY LETTER pend upon a program that has now been radio. This commitment will continue as From: Frederick Breitenfeld, Jr., President, in use for more than 30 years, clearly long as PBS, NPR, and their local affiliates WHYY, TV12, 91 FM, Independence Mall which has shown to be one of the most remain committed to the production and West, Philadelphia, PA. broadcasting of programs that enrich the important ways with which to prepare educational and cultural life of our nation. WHYY/Frederick Breitenfeld, Jr. Facts/RJS Position children to be better students and to be more able to cope with all of the chal- ‘‘Why . . . does [RJS] joint those My aim is fierce at deficit reduction. (tv 12 WHYY 91 fm), who aim so fiercely at a national Government spending cuts should lenges in early life. INDEPENDENCE MALL WEST, instrumentality that provides edu- be even handed. CPB can’t be We also protect young adults inter- Philadelphia, PA, February 21, 1995. cational and cultural services . .’’. excluded from deficit reduction cuts affecting all federal spend- ested in national service. These young Thank you for sending the copy of the let- ing. people are committing themselves to ter you have received from Senator ‘‘Why does he join those who single Should Congress only single out Santorum. It seems clear that the national out . . . a national educational massive federal programs? their country in a way that makes a effort that accounts for only .0003 Should CPB, merely because it’s significant contribution to our country conversation about public broadcasting is of the national budget?’’. a small program, not contribute based more on political posturing than on its share to deficit reduction? through national service and commu- reasoning and fact. That conversation needs ‘‘To me, the answer is that Senator Yes? Less federal government and nity assistance, and at the same time Santorum writes from an ideolog- eliminating the deficit are the to be elevated. ical standpoint . .’’. ideological reasons underlying to generate the ability to go back to The Senator suggests that ‘‘tough deci- these cuts. I believe the vast ma- college or to go to college in the first jority of Pennsylvanians share sions need to be made about government place to advance their education in as spending.’’ He’s right, and most Americans this view. ‘‘The Senator describes American It sounds as if Mr. Breitenfeld many ways as they can. agree. Why, however, does he join those who public broadcasting—an effort in agrees that the CPB should be aim so fiercely at a national instrumentality constant threat of financial star- able to reap the commercial re- We also recognize that women, in- vation, forbidden to sell anything wards of its educational ventures fants, and children of all ages really de- that provides educational and cultural serv- and forbidden to make a profit— such as ‘‘Barney’’ and ‘‘Sesame ices and earns the great majority of its as ‘well-endowed.’ ’’. Street,’’ all the more reason for pend upon adequate nutrition. If they money from non-federal sources? Why does reduced federal funding. do not have adequate nutrition, they [Regarding RJS’s mention of cor- No. I mean there are many corpora- he join those who single out, with great fan- porate support of CPB privatiza- tions which, through tax incen- really do not have the ability to ensure fare, a national educational effort that ac- tion]: ‘‘Does he mean that a pri- tives, would readily support an good health. If we learned anything in counts for only .0003 of the national budget? vate corporation will provide the independent, privatized CPB. the debate over the last couple of years To me, the answer is that Senator $285 million each year currently appropriated to CPB?’’. about health care, it is that perhaps Santorum writes from an ideological stand- ‘‘He goes on to suggest that com- Fact: Barney grossed almost $1 bil- point, and his arguments are the common mercial products resulting from lion dollars in 1994, PBS should the best investment we can make is an ones in the current national discussion about the Barney series could fuel PBS, be allowed to reap the reward of investment in preventive care. Making which shows a basic lack of un- its product. public broadcasting. The danger is that mis- derstanding concerning public sure people stay healthy is the best information is too often treated as fact. broadcasting and how it sub- way to ensure that they are not going The Senator describes American public sists.’’. ‘‘He goes on to suggest that the Congress passed the following: to need expensive care later on. broadcasting—an effort in constant threat of ‘non-profit status’ of public ‘‘There is authorized to be estab- That is exactly what the Women, In- financial starvation, forbidden to sell any- broadcasting stations was ‘given’ lished a non profit corporation, to fants and Children Program does. It thing and forbidden to make a profit—as to them by Congress. That is un- be known as the ‘Corporation For true. The nonprofit status was or- Public Broadcasting,’ which will assures adequate nutrition, adequate ‘‘well-endowed.’’ The facts are, simply and dered by the FCC . .’’. not be an agency or establish- clearly, otherwise. ment of the United States Gov- nutrition assures adequate good The Senator suggests that ‘‘several major ernment.’’ 47 USC 395(b) health, and with good health we assure ‘‘He also claims that ‘private com- Commercial stations pay taxes. corporations have already expressed interest mercial stations’ pay ‘sizeable Commercial stations pay proc- the opportunities for young people and in supporting a privatized Corporation for fees and costs’ that the edu- essing and regulatory fees. for women to be productive citizens in Public Broadcasting.’’ This is a pretty far- cational stations do not.’’. this country. fetched notion, since CPB is merely a funnel The PRESIDING OFFICER. Just a Aid to schools, of course, is some- for federal money. Does he mean that a pri- thing that we have long felt is perhaps vate corporation will provide the $285 mil- reminder, there are 2 minutes remain- lion each year currently appropriated by ing of the majority leader’s time. the single best investment this country CPB? It seems unlikely. In addition, public Mr. ASHCROFT. Mr. President, I ob- can make. As we look at the real de- broadcasting stations may not, by federal serve the absence of a quorum. fense of this country, as we look at regulation, be owned by for-profit enter- The PRESIDING OFFICER. The ways to maximize the security and the prises. clerk will call the roll. strength of this Nation, there is no bet- He goes on to suggest that commercial The bill clerk proceeded to call the ter way to do it than to ensure that our products resulting from the Barney series schools have the resources they need to could fuel PBS, which shows a basic lack of roll. understanding concerning public broad- Mr. DASCHLE. Mr. President, I ask prepare young children to be good casting and how is subsists. unanimous consent that the order for adults later on. The Senator’s suggestion that ‘‘Congress the quorum call be rescinded. Obviously, we have gone through directed the Federal Communications Com- The PRESIDING OFFICER. Without some very disappointing days last mission to designate specific VHF television objection, it is so ordered. week, in that we thought we were channels for educational broadcasting’’ is in- Mr. DASCHLE. Mr. President, I take going to have a good debate as early as correct. The FCC’s Sixth Report and Order of this opportunity to reiterate why we last Thursday on this very issue, 1952, which set aside both VHF and UHF believe this amendment is important. whether we ought to be able to protect channels for educational use, was not or- Fundamentally, it goes to the heart dered by Congress. 1 million children who are affected by He goes on to suggest that the ‘‘non-profit of what it is that we as Democrats be- all of these programs. We were denied status’’ of public broadcasting stations was lieve we are here for: protecting work- that debate. And, unfortunately, as ‘‘given’’ to them by Congress. That is untrue. ing families, investing in children, and well, the majority has now offered a

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5058 CONGRESSIONAL RECORD — SENATE April 3, 1995 second-degree amendment that would that we have a vote on this amend- made in our commitment to kids and gut this amendment and would further ment; not one in the second degree, not our commitment to schools and our the attack on some of these programs on some substitute, but an up-or-down commitment to working families ought directly affecting kids and families. vote on this amendment, so we can say, to be respected, as well. So we are anxious to debate prior- without equivocation, these are our So, we really have a choice here, Mr. ities as we go about the difficult task priorities, unaffected by whatever addi- President. I hope that we could support of balancing the budget. But I hope tional amendments others may want to both the need to ensure that the Fed- that we would not replace a vote on the offer. eral Emergency Management Adminis- priorities we place on kids and families We want to have a clear statement of tration has the resources necessary to with a vote on cutting the deficit fur- priorities and a clear statement of in- continue its extraordinary work in pro- ther. We really ought to accomplish tent with regard to what our invest- viding emergency assistance to com- both things. ment truly is. munities all over the country, and I We recognize the importance of def- We are at a crossroads. I think that hope that we could also move ahead icit reduction. We recognize the impor- crossroads, to a certain extent, is going with meaningful deficit reduction. tance of investment in children and to be affected by decisions we make on But I also hope that in addition to families. That balance is really what this particular bill. We can choose to those two priorities, what I have said we are trying to strike in the first work together and find ways with about our commitment to investment place. We agree that the deficit has to which to ensure that Democrat con- in kids in education could be at the top be reduced. We agree that the $15.3 bil- cerns can be addressed as well as Re- of the list as well. lion that bill now provides is a signifi- publican concerns. There have been calls on the other cant reduction and ought to be sup- But second-degree amendments used side of the aisle to privatize the Cor- ported. to prevent us from having an up-or- poration for Public Broadcasting, and Where we apparently disagree is down vote on something we hold to be the majority leader’s amendment is the whether or not we could take some of very important sends the wrong mes- first step in laying that groundwork by the funding in the out years for FEMA, sage, I believe, about our desire to cutting the funding for the Corporation funding that goes beyond what even work together to accommodate both for Public Broadcasting. That is an- the House has proposed, and use it to sides as we take up very serious legis- other issue. I hope that those of us who direct resources to people who are real- lation. are opposed to taking that draconian ly dealing with emergencies right now. We have legitimate amendments that approach toward public broadcasting It is an emergency if you are a young reflect our thoughts about the direc- will have the opportunity to debate it family and cannot get child care. In tion our country should take on bal- up or down. some cases it is going to be an emer- ancing the budget. Whether it is in this But the issue here is not public gency if some of these schools do not bill or whether it is in bills that will be broadcasting; it is not anything other get impact aid funding or some of the taken up at a later date, I hope that than what we have listed on this chart. money that they are counting on in the majority would allow votes to be The issue here is child care; it is Head this year’s budget to ensure that they cast on each and every one of these Start; it is giving kids an opportunity meet their obligations later on. issues. to earn college access and college tui- So it is really a very fundamental We have a difference of opinion with tion by participating in national serv- question of providing the delicate bal- the majority over how best to cut $1.3 ice; it is ensuring we have good preven- ance between addressing those con- billion. We have about $1.2 trillion to tive care; it is ensuring that we have cerns, the investments in the families go as we balance the budget over the the kind of investments in schools that of 1 million children, and investing, as course of the next 7 years. We are not we really need if, indeed, we are serious well, in meaningful deficit reduction going to get there unless we work to- about maintaining the commitment to over the course of the next 24 months. gether. schools to maximize their educational We also, of course, had an oppor- The approach taken by the majority opportunities to the children who walk tunity to address the issue of billion- on this bill so far does not bode well. in the doors each and every day. aires who renounce their citizenship in The overwhelming majority, if not all So those really are the issues here, order to avoid paying taxes on their of our colleagues, on the Democratic Mr. President. We hope that people un- fortunes. I am very pleased that the side support the amendment that we derstand the need to restore the child distinguished Senator from Massachu- have laid down. care opportunities for 5,000 children, as setts has indicated his determination Let there be no mistake. This was we have listed. It tells working fami- to ultimately resolve this issue. I think not done at the behest of the President lies that we want them to continue to the Senate will go on record one way or of the United States, as has been sug- work and to generate all the income another, hopefully sooner rather than gested. This proposal was the response their talents will allow and we are later, that that is not something that of our caucus. We feel compelled to going to assist them in their child care we support; that we recognize that, as stand up for children. We feel com- needs. Without child care, many low- we are trying to make very tough deci- pelled to speak up for working fami- income parents may find themselves on sions about priorities and about kids lies. welfare. Our amendment will enable and where the resources ought to go, to If the other side moves to table our those parents to continue work. say no to child care, no to Head Start, amendment and has the votes, there We had an opportunity just last week no to AmeriCorps, but yes to billion- will be others offered to address the to meet a couple who participated in a aires who renounce their citizenship is needs of working families by cutting news conference with us on minimum not a set of priorities I think anybody other less urgent priorities. But we are wage. It was a couple from Pennsyl- in this Chamber is very comfortable willing to offer them in a deliberate vania who had been on welfare who with. So we want to find a way to deal process that can be performed expedi- came to the conclusion less than a year with that issue, as well. tiously, and I hope the majority would ago that they were not going to allow I applaud the effort that others have respect that. themselves to be dependent anymore, made to talk about priorities as we If, on the other hand, our amendment who decided they were going to go out deal with the rescission package and would be agreed to, we could complete and find jobs, and find the kinds of op- the offsets required for FEMA. I hope, our work on this bill even more expedi- portunities in the private sector we as we go through this whole debate, we tiously. And I hope that remains a pos- have been admonishing them to go out will be very cognizant of the need to sibility. I hope that Republicans and and find. ensure a proper balance between that Democrats could agree that, indeed, we Unfortunately, all they could find investment and meaningful deficit re- must reduce the deficit, indeed we were minimum-wage jobs or something duction. must find ways with which to maxi- slightly above minimum wage. I think, We want some bipartisan cooperation mize the opportunities to fund FEMA, in one case, one of the jobs they had here, as well. We want to ensure that but I think we would also agree that paid $5 an hour rather than $4.25. They our amendment is adequately debated, respecting the investment that we have did not have health insurance. They

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5059 have two children. The children get the operational challenges that you coming debate over perhaps the course sick from time to time. They have no face every day. of the next day or so. I hope we can way with which to address their chil- This program is really a partnership, convince our Republican colleagues dren’s illness. They try to keep their a partnership with communities, a that this is an amendment worthy of health care bills low, but they said, ‘‘It partnership with organizations, a part- their support. was so much easier when we were on nership with young people who recog- I would like to see a strong bipar- welfare. We had Medicaid. We could go nize that when there is an expectation tisan message that Republicans and into the hospital and we knew at least that assistance can be provided for col- Democrats support the commitment we we had minimal coverage. We had in- lege that, indeed, the reciprocal re- have made to kids, the commitment we come that was almost as good as what sponsibility is to ensure that those have made to working families. I cer- we have right now, and we did not have children and those young people under- tainly hope that before the end of this to worry about child care.’’ stand that there is a commitment re- debate, Republicans and Democrats can That is exactly the dilemma a lot of quired of them, as well. demonstrate that support and vote in young families are facing. They do not So national service is something I favor of this amendment. want to be on welfare. They want to hope is around for a long period of With that, I yield the floor. find alternatives. What we are trying time, a program that I believe deserves Mr. GRASSLEY addressed the Chair. to tell them is if you go out and do the our full support. Simply to eliminate The PRESIDING OFFICER. The Sen- right thing, we are going to reward it, to forget its success already, would ator from Iowa. work. We want to reward work by mak- be very shortsighted, indeed. In fact, I Mr. GRASSLEY. Mr. President, I ask ing sure that your income at the end of hope that Republicans can join us, as unanimous consent for 40 minutes to be a hard-working week is not going to they have in the past, in recognizing equally divided on the bill. relegate you to poverty, even though just what a tremendous opportunity it The PRESIDING OFFICER. Is there you may be struggling. is for a lot of young people. objection? We know that you have to go out and So, Mr. President, I think the mes- Mr. DASCHLE. Mr. President, reserv- find perhaps a second job, and we are sage is very clear; it is pretty simple. ing the right to object, can the Presi- willing to accept that. But if you go The message is simply that we want to dent inform the Senate as to what the out and make sure you do what we ex- do what everybody here says we ought current unanimous-consent agreement pect you to do, that is, not rely upon to do, and that is reduce the deficit to allows with regard to remaining time welfare to meet your needs, we want to the extent that we can; provide the on our side? the extent we can help you with mean- funds necessary to ensure that the Fed- The PRESIDING OFFICER. There ingful child care, and with meaningful eral Emergency Management Adminis- are nearly 26 minutes left under the pay for the work that you do each and tration is given the adequate funds unanimous-consent order on this de- every day. We want to send you the necessary to continue in their role; but bate. message that we are glad that you then, third, we also recognize the very Mr. DASCHLE. I ask the Senator made the decision not to be on welfare delicate balance that we have in pro- from Iowa whether it is his intent to and that you are going to continue to viding the investment that we need to seek 40 minutes in addition to that 26 be productive citizens within your provide in ensuring the continuity of a minutes? I have not yielded back the 26 community by working at jobs that we lot of the services that we now provide minutes, so I want to protect that in hope will begin paying more. schools, children, and working fami- case other Senators may be interested But that is really the issue here with lies. in coming to the floor to speak on the regard to taking care of their children, So I hope that as we make our deci- amendment. with regard to educating their chil- sion about this amendment, we under- Mr. GRASSLEY. My request would dren, with regard to providing them stand that there is a need to maintain be in addition to the 26 minutes. with adequate nutrition, with regard to that balance; we understand that it Mr. DASCHLE. I have no objection. ensuring that once their children go to sends exactly the wrong message to say The PRESIDING OFFICER. Without school that they have the necessary re- no, we are going to have to cut child objection, it is so ordered. sources to be taught and to be as com- care, Head Start, cut funding for some- Mr. GRASSLEY. Mr. President, I petitive in the United States as they thing as valuable as national service, yield myself 10 minutes. need to be, given the competition in but somehow we are going to protect Mr. President, I rise to speak in other countries. those expatriates who renounce their strong support of the committee’s ac- So, Mr. President, that is really what citizenship in order to save tax dollars. tions regarding AmeriCorps. I particu- our message is. We want to make work We should not say that we are going to larly want to commend Senator BOND pay. We want to make work pay by protect the billionaires, but we are not for his work in this area. But I also providing meaningful opportunities for going to protect the children. have had an opportunity to hear Sen- children who may need child care sup- I know that there are many people in ators KYL, ASHCROFT, SANTORUM and port. We want to provide meaningful this Chamber who would support that FAIRCLOTH speak very eloquently on opportunities for children who are notion, but I think it sends the wrong the very same subject. I compliment beneficiaries of the Head Start Pro- message if we are on record as willing them for their fine remarks. gram. And we also, as I said, want to to allow the billionaire expatriates to I know that Senator BOND has been help 36,000 young people who will ben- avoid paying taxes and yet vote to cut closely reviewing the AmeriCorps Pro- efit from national service by the con- successful children’s programs as dra- gram and has found, as I have, that tinuation of a program that, in our matically as this. there are many unanswered questions view, has worked exceedingly well in So I hope, Mr. President, we can be concerning AmeriCorps, and further in- the very short period of time that we cognizant of the message our vote on creases at this time do not seem to be have seen it in operation. this amendment will send. We want to advisable. If our amendment is not adopted, a ensure that deficit reduction, that I have been looking closely at promise will be broken to tens of thou- FEMA funding, and that investments AmeriCorps since last July when I sands of young Americans, the commu- in kids and working families are all began a series of letters requesting in- nities they serve, and the charitable protected. This amendment does that. formation and data about AmeriCorps. groups they help. These organizations It does that by restoring some of the Unfortunately, I did not receive an- and communities have now been told balance that was lost, especially in the swers to many of the questions that I we are going to have this program House, restored in part in the Senate asked, or the information I received there; it is going to work; you can Appropriations Committee, and now was either misleading or incomplete. count on people assisting you as you go can be restored almost in its entirety Recently, AmeriCorps has promised through the difficult decisions you by voting in favor of the amendment me access to much of the data that I have to with regard to how you are we are offering now. requested, and I hope this reflects a going to cope with your budget and We will have more to say about it genuine change of attitude and a will- how you are going to address many of certainly tomorrow morning and in the ingness to cooperate.

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5060 CONGRESSIONAL RECORD — SENATE April 3, 1995 However, even from the information bags to doorsteps of homes in their Mr. SANTORUM. How much time is that I have been provided, there are communities to help a food collection remaining on the Republican side? many reasons to question the merits of effort. The next week the Scouts re- The PRESIDING OFFICER. Just over this program. Let me first focus on the turned to collect the filled bags and to 12 minutes remain in the debate. cost of the program, because in review- bring them to a central distribution Mr. SANTORUM. Mr. President, I ing the actual AmeriCorps grant center, which was distributing the bags want to continue the discussion on the awards, we have found program after then to the needy during the holiday Dole amendment which, again, pro- program where costs are $30,000 to season. vides an additional cut in spending of $40,000 per AmeriCorps worker. I want to now clarify a few points re- $1.3 billion for this fiscal year, the year For example, the organization garding AmeriCorps. First, AmeriCorps we are in right now. It would supersede ACORN recently received a grant of workers are spending a significant the Daschle amendment that would put over $1 million from AmeriCorps. amount of their time doing work other back another $1.3 billion in spending, ACORN also receives funds from than helping their communities. For and it leaves in place the $1.3 billion Fannie Mae as well. This program is example, under AmeriCorps’ own regu- that was going to be taken away from for 42 AmeriCorps workers, and the lations published in the Federal Reg- the original purpose of this bill, which cost per worker of over $41,000. ister, AmeriCorps workers can spend In comparison we could help 20 young taxpayers’ money studying for the was a disaster relief fund. people go to college through the use of GED. I do think that it is fine and good So $1.3 billion is scheduled to go to Pell grants with that same amount of that young people are taking time to California under this bill. Again, the money. Let me add that the costs of study for the GED. However, it is ques- reason for this bill even being here is the ACORN program do not include the tionable whether our taxpayers’ money because of the earthquake disaster in significant Federal overhead, nor the should pay some young people to study California. fact that many AmeriCorps workers for the GED, when hundreds of thou- The amendment of the Democratic drop out of the program. Thus, the cost sands study for it without receiving a leader takes $1.3 billion, takes that per successful worker, which ought to single dollar from the taxpayers. away, and replaces it with a whole be the true cost measurement of this The second point I want to make, in bunch of other programs. summary, is that AmeriCorps was pre- program, would be significantly higher What we do is leave the money there, than $41,000. sented to Congress as a way to help young people pay for college. Yet, ac- take his programs away and, in fact, As I mentioned, the cost of $41,000 per reduces the deficit by $1.3 billion more. worker is by no means out of the ordi- cording to AmeriCorps’ own admission, nary for AmeriCorps. Legal Services at least a fifth of the workers have not We think that is the general direc- Corporation received almost $1 million attended college and probably will not tion that we should try to reduce the from AmeriCorps with the cost per attend college. They are not receiving deficit and programs that we believe AmeriCorps worker of over $48,000. Re- an educational award. They are instead merit further scrutiny and reduction cently, AmeriCorps finally admitted getting cash awards, as was revealed by without being disruptive here in the that in one grant to a Los Angeles NBC news very recently. For many, middle of a fiscal year. school district the taxpayers were pay- this is just another Government jobs One of the programs, as the Senator ing a consultant $50 an hour—that is an program. from Iowa just very articulately said, Mr. President, AmeriCorps is a pro- hour, Mr. President. is the AmeriCorps Program. This is the We are being told that AmeriCorps is gram with costs that are far exceeding one area where not only is there a con- beneficial. I do not know what benefit the estimates provided by the adminis- tention whether we should cut it, but the taxpayers are getting by having tration. It is a program that may not where the Democratic leader wants to somebody on an hourly wage earning be managing the taxpayers’ money increase funding for AmeriCorps from properly. In many respects, it is a ques- the equivalent of over $100,000 per year. the current bill, and the majority lead- tionable use of taxpayer funds. Since This is outrageous and, of course, it er wants to decrease funding from the we could certainly stretch these dollars gives other boondoggles a bad name. bill. a lot further in programs such as Pell Mr. President, let me compare It is the one area we have in common AmeriCorps workers with the Boy grants. Finally, AmeriCorps is a proposal on the two amendments, but we are Scouts, for instance—a well-known that is duplicating, at enormous ex- going in opposite directions. I think it group of people who are out doing good pense, services that are being provided is appropriate, because it probably rep- every day. They do not receive any by the private sector. I, like Senator resents the best discussion of the dif- money from AmeriCorps. In fact, they BOND and so many others, am a skeptic ferences between the direction of the were turned down for funding by of this program. I am holding off final two parties when it comes to the role AmeriCorps so that funding could be judgment until I receive the informa- of Government in providing services to provided to such traditional volunteer tion promised me by AmeriCorps and individuals, and, really, the concept of groups as the EPA and the Department by the results of the General Account- what Government should do and what of Agriculture. ing Office report that is reviewing the can be left to the private sector. The Boy Scouts have over 5.3 million cost of the AmeriCorps Program. Once Interestingly enough, we have a pro- young people and adults performing the data is in, the program may need gram such as the AmeriCorps Program volunteer work and helping in their reinvention. Certainly, we can accom- which hires Corps volunteers. Most communities. According to the Boy plish the goals of this program without people say, if you hire someone, they Scouts’ 1993 annual report, for the Na- awarding grants with costs of $40,000- are no longer a volunteer. tional Capital Area Council, their total plus per worker. That is somehow lost on the people expenses were $4.8 million, for over To increase funding for AmeriCorps 50,000 Scouts, that is $95 per Scout per who created the AmeriCorps Program, at this time, with so little known and because hiring a volunteer is, in fact, year. with so many problems that are Well, that sounds about right, does it part of the vernacular. They hire vol- known, is not in the best interest of unteers in the AmeriCorps. not? The Federal Government pays the taxpayers. We need to proceed cau- someone $50 an hour for 750 hours of tiously with this program until all of What do the volunteers get paid? We work for a total of $37,500 to consult the data is in. heard the number around here, I will about volunteering. And the private So I strongly urge my colleagues to give you a number, from Wisconsin, sector can give you almost 400 actual vote against any efforts to increase which is put together by Representa- volunteers with the same amount of funding for this program. tive TOM PETRI from Wisconsin. That money without a dime of cost to the I yield the floor and yield back any of AmeriCorps volunteer, the one who taxpayers. Let me say that these my unused time. was, in fact, mentioned by President Scouts are doing just great work. For Mr. SANTORUM addressed the Chair. Clinton, I guess it is Kentucky, a example, last November, 40,000 Scouts The PRESIDING OFFICER. The Sen- woman who was mentioned by Presi- in the DC area distributed 1 million ator from Pennsylvania is recognized. dent Clinton in his speech on the state

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5061 of the Union, who teaches second-grad- I heard the Democratic leader say The educational award is about ers to read in rural Kentucky, a com- ‘‘all these young people in $4,700. We basically took what was pelling story that the President used AmeriCorps.’’ Again, talk to the facts. going to be an average cost for tuition during his State of the Union Address. You can be 60 years of age and be in in State universities across the coun- This person gets paid $9,000—not a lot AmeriCorps. It is not focused at young try. Most of those State universities’ of money—but $9,000 in stipend pay. In people. You can be a multimillionaire costs have gone up. But it is still a addition, she gets a voucher to pay for and you can be in AmeriCorps. There is good start. So AmeriCorps lets young her higher education of a little over no age other than up to 60, and there is people go there—it combines service $5,000; she gets roughly $8,000 in child no income qualifications. and education. care benefit paid to by the Government Now, I can tell Members that we have I am so interested to hear some peo- under this program; she gets Medicaid a pool of people who desperately need ple say that some of these programs coverage which is $4,000 for her family help, who desperately want to work to are not going well. Talk to your Gov- of five; because most of her benefits are feel that they can give back. The com- ernors. This is a State and local re- tax free she qualifies for another $3,200 munity needs them as much as they sponsibility, not a Federal program. in earned income tax credits, making need the community. It is people on Ask your Governors how it is working. this job that she has equivalent to a public assistance. People on welfare. I know that in Massachusetts, the par- job that pays $34,000 in the private sec- We create a program as we do in the ticipants do a superb job. tor. Now, that is a lot for a volunteer. Republican welfare reform bill that I happen to agree with what the puts people needing job skills, training, There are outstanding business men President of the Ohio-West Virginia and just some success in their life, give and women. There are local community YMCA said: them the opportunity to go out and leaders and activists—all of whom are The national service movement is about work that job. Why not give them the involved in the shaping and the fash- institutionalizing Federal funding for na- chance? Why give some rich doctor’s ioning of the program. tional and community service. It is about kid $34,000 a year to go to school? If there are some programs that are changing the language and the under- That is not what this program should standing of service to eliminate the words not working, I am sure Eli Segal wants ‘‘volunteer’’ and ‘‘community service’’ and be about. That is not a program, I do to know about them. We will get busy in their place implant the idea that service not think, this body wants to defend. It trying to do something about them. is something paid for by the Government. sounds so grand and it sounds so won- But the fact of the matter is, this is That was someone from the YMCA. derful when they talk about how won- not a Federal program controlled from This is dangerous program. People derful voluntarism is, but, folks, look the top down. This is a program that is say, wow, dangerous program. Is that at the facts. developed and run in local commu- not extreme? How can this program be As well-meaning as this program is, nities, with local support and initia- dangerous? This is dangerous to the this is a program that is another social tive. experiment based in Washington that whole philosophy of who America is, I would like to mention a recent is destructive of our nature and our what we are all about. study which surveyed what 1,654 character as Americans. We should end Are we a country that is a great AmeriCorps workers accomplished in 5 it. Quickly, decisively, and hopefully, country because we have great Govern- months. These 1,654 workers are only 8 tomorrow. ment employees? I would think that percent of the 20,000 total AmeriCorps I reserve the balance of our time. the people around the world look at participants. America and they say we are a great Mr. KENNEDY. Mr. President, on be- country, but probably not anywhere in half of the minority leader, I yield my- These 1,654 people taught and tutored their top 50 of their reasons is that we self such time as I may consume. 15,480 children from preschool to junior have great bureaucrats, that is the rea- Mr. President, as has been mentioned high school. These children had no son America is a great country. during the course of the debate on the other opportunity to get this kind of I can guarantee on the top 10 of any Daschle amendment, part of the additional educational help and assist- list is that America has a great spirit Daschle amendment applies to restora- ance. of community and helping your neigh- tion of some $210 million for the These 1,654 people established after- bor and voluntarism. As de Tocqueville AmeriCorps Program. This program school programs for 4,650 children. said, ‘‘America is great because it is has been addressed earlier, in the Those are children of working-class good. When it ceases being good, it will course of the afternoon, and I will take and working families, children who no longer be great.’’ a few moments to comment upon it. probably would have been left unat- Paying volunteers decreases our First of all, Mr. President, I welcome tended if they had not been involved in goodness. It is not the American spirit. the opportunity to hear from my col- those afterschool programs. The It is not reaching out to help your leagues who talk about how even a sti- AmeriCorps participants work under neighbor just because they are neigh- pend which effectively is the minimum supervision to develop tutorial pro- bors, not because you get paid for it. wage should not be available for indi- grams and other effective programs. Do not tell me all these compas- viduals who want to volunteer in their sionate stories of how these people are community. These 1,654 people organized commu- so wonderful because they are helping. There are many in this institution nity service projects for 4,400 children. They are wonderful. It is great to help. who would evidently like to preserve These 1,654 people escorted some 8,500 But they are no different than the in- voluntarism just for the very wealthy children in schools through safe cor- surance agent who helps someone who individuals in our country. There are a ridors. We can say, what does that real- comes and has their car wrecked and lot of needy kids, a lot of poor people, ly mean? The fact is, if you get chil- comes and helps then. It is their job. It who have a sense of idealism and a dren who live in difficult areas with is a wonderful job. It is an important commitment to service, and who would high crime rates, the AmeriCorps peo- job. It is necessary for the insurance like to be able to take the time that ple work out a system so the children person who helps. But do not raise this others who have the financial resources can go safely to the school and return to some elevated standard of national can take in order to volunteer and to to school. Maybe it is difficult for us to and community service when, in fact, do good works. understand what is happening out it is paid bureaucrat. The AmeriCorps concept is to give there in many of the urban areas—in I have a suggestion. I happen to agree people an opportunity to work in their the inner cities. But you have thou- that there is a lot of work out there communities. It does provide a stipend sands of children who are so intimi- that can and should be done by folks in which is basically the minimum wage. dated that they will not go to school. the genre of the AmeriCorps Program. It does provide an award at the end of The AmeriCorps members have devel- We have a solution for that. It targets service to encourage people to go back oped programs that have the broad sup- the people who need the jobs. It targets to school, or to go to school. These are port of the children and the parents, the people that need the training, who people who otherwise probably would programs that permit the children to need the work experience. not be able to afford it. go to school through safe corridors.

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5062 CONGRESSIONAL RECORD — SENATE April 3, 1995 These 1,654 people have been doing They screened 1,100 low-income chil- They removed 2,000 pounds of trash work with gangs to reduce gang vio- dren for lead toxicity and other health from an urban river; lence, as well as work with victims of risks; They surveyed 5,700 acres of National domestic violence and other troubled They distributed 150 car seats to low- Forest land and monitored reforest- teenagers. income families, and immunized 158 ation efforts; The list goes on—a number of immu- people; They built, restored, or maintained nization programs as well. I will in- They provided health counseling and 311 campsites, 88 miles of trails, and 17 clude in the RECORD a list of the ac- transportation to 220 low-income fami- bridges, 4 beaches, and 3 duck blinds; complishments—these are all accom- lies and over 5,000 individuals, and pro- They converted 29 overgrown lots plishments of only 1,654 volunteers, or vided health information to over 4,500 into green space, built 7 community 8 percent of the total, and these were individuals; and gardens, and planted trees along 30 city randomly selected. They conducted workshops and dis- blocks; I should also mention the work that tributed information on AIDS and tu- They created 4 playgrounds and re- has been done in southern Texas on im- berculosis to over 7,000 people, and con- stored, repaired, or maintained 19 his- munization programs. There are thou- ducted 301 HIV tests and counseled pa- torical landmarks; sands and thousands of children today tients on the results. They distributed 1,375 water-con- who are immunized, and without that On meeting basic needs, the 1,654 serving toilets and 1,700 water-con- program they would not have been im- AmeriCorps members provided food, serving showerheads in low-income munized. shelter, and support for senior citizens, neighborhoods; and A study recently released of the first low-income families, and homeless peo- They renovated 11 community build- 5 months of the AmeriCorps program ple; ings, including an inner-city medical surveyed 52 program sites—or about 8 They helped 123 elderly persons, 50 clinic, community centers, and public percent of the total sites. 1,654 partici- visually impaired adults, and 9 visually schools. pants—out of a total of 20,000—were impaired children to live independ- This is only a small sample of what working at these sites. Here is a sam- ently; community service participants have ple of what they accomplished. They organized weekly social activi- done. These examples are from a sur- On education, the 1,654 AmeriCorps ties for 400 nursing home residents; vey of 52 randomly selected members worked largely in poor urban They built wheelchair ramps at five AmeriCorps sites between September and rural areas; low-income homes, four public build- 1994 and January 1995. In 5 months, just They taught and tutored 9,068 pre- ings, and three parks; 1,654 participants accomplished all school, elementary school, and junior They trained and supervised 58 volun- this. high school students in basic edu- teers and then repaired the homes of In all, there are 20,000 AmeriCorps cational skills; 256 senior citizens; participants in the field this year—and They developed or ran enriched They renovated 238 inner-city hous- they will work for at least 9 months. learning programs such as computer- ing units and 99 rural homes, and are They are doing important work—work based instruction, scientific experi- working on the renovation of 121 more; that makes their communities and the mentation, and peer tutoring for 6,414 They refurbished 2 homeless shelters Nation a better place. children; and began to renovate a home for sen- In addition, hundreds of thousands of They established after-school and va- ior citizens, a home for battered children are learning about community cation programs for 4,656 children; women, and a home for the formerly service through their schools with the They organized community service homeless; help of grants from the ‘‘Learn and projects for 4,469 children; They distributed food to more than Serve’’ part of the Federal legislation. They provided literacy or employ- 16,625 low-income people and packed These children are learning the ideal of ment training for 694 adults; and 7,000 dinners and 32,000 breakfasts for service, and they will keep it all their They provided intensive educational the hungry; lives. support—including regular coun- They found shelter for 400 homeless They are also getting things done in seling—to 30 troubled teenagers living families, and they sorted and distrib- their communities. In Springfield, MA, in group homes and 22 homeless pre- uted clothes to 350 homeless individ- Putnam Vocational High School had schoolers. uals; the highest dropout rate in the dis- On public safety, the 1,654 They secured hospice housing for 27 trict. It received an $1,800 grant AmeriCorps members worked to reduce people with AIDS and helped weekly to through the ‘‘Learn and Serve’’ part of violence in families, in schools, and on feed 1,250 people who are HIV-positive; the program, and a group of students the streets; They provided housing information built a health facility for the school They escorted 8,500 children to school to over 500 low-income and homeless and the community. The students did through safe corridors; families; and the carpentry, electrical wiring, and They started 258 neighborhood safety They found donated furniture, re- construction work as part of their vo- programs and patroled 250 vacant paired it, and delivered it to 300 newly cational courses. The result is a new buildings; housed families; health clinic that includes four exam- They resolved 414 school conflicts On environmental and neighborhood ining rooms, two counseling rooms, a that might otherwise have ended in vi- restoration, the 1,654 AmeriCorps mem- lab, and an auditorium for health edu- olence, and taught conflict resolution bers responded to emergencies, re- cation classes. to 8,119 children; stored the natural environment, and Is this the kind of initiative Repub- They counseled 1,350 potential or ac- improved urban neighborhoods and licans want to stop? tual gang members and taught alter- parks; To my colleagues who say that we natives to violence; They inspected and repaired 87 small need to be spending our tax dollars They answered crisis hotlines and dams, protecting 200 farms; wisely, I ask, isn’t it wise to give made referrals for 878 victims of sexual They provided disaster recovery as- young people the opportunity to tutor and domestic violence, and provided sistance to 350 small land owners re- young children, build low-income hous- counseling for 470 such victims; and covering from a flood, including advice ing, and work to prevent gangs? They counseled 1,180 teenagers about on floodplain management; We must not let partisan politics de- alcohol and drug abuse. They fought 2 major forest fires, rail this important initiative. If you On health, the 1,654 AmeriCorps saved 1 national park road from wash- want to know whether community members provided medical services and ing out, and joined 5 search and rescue service is a good investment, ask the information to low-income families; efforts; 20,000 Americans who are participating They trained 1,144 inner-city resi- They planted 212,500 trees; in full-time service though AmeriCorps dents in CPR; They restored 320 acres of wild land or the more than 300,000 students from They provided emergency medical and 27 miles of riverbed and stream kindergarten through college who are services to over 1,500 people; banks; doing service that is integrated into

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5063 their academic studies through ‘‘Learn IBM helped develop an AmeriCorps Maybe some of my colleagues who and Serve.’’ program called Project First that aims have been the most critical have spent Even more important, ask the people to improve students’ technology skills. a good deal of time in their States and whose lives they have touched. Ask the Community service participants serve in their local communities visiting homeless preschoolers who received alongside retired IBM retirees in public these programs and talking with the counseling and education. Ask the schools to help bring the new tech- participants. Maybe they have. I see chidden who can go to school with less nologies into the classrooms and inte- my friend and colleague, the Presiding fear of being shot. Ask the senior citi- grate computers into the curriculum. Officer now, from Pennsylvania. I zens who received support and home re- In Boston, for example, they might should tell him that I have heard good pairs. Ask the low-income families who work with children and with computers witnesses from Philadelphia who received hot meals or new homes. Ask in the many schools that do not have a talked about this program. Pennsyl- the small farmers whose land was pro- great range of electronics. They work vania has been an important leader in tected from floods. Ask the parents with them, tie them into graduate stu- developing these programs, both in cit- who lived next door to the polluted dents—for example, over at MIT or ies and in rural areas. We have had in- river. other technical institutes—to help spirational testimony about the dif- I do not know where the opposition those children work, to help them fig- ference that this program has made in to this program is coming from. With ure out their homework, to give them those young people’s lives. all the problems we have in this coun- additional assistance with school. It is I think we ought to be able to reach try, we are trying to give an oppor- a very creative, imaginative program out to young people across this coun- tunity to some 20,000 young Americans that is already paying off significantly try who are trying to make a difference who want to do something for their with enhanced academic achievements for their communities and for their Na- communities. I can’t believe the hours and accomplishments. It is also an tion. I think we ought to support them that are being taken to try and demol- enormous source of satisfaction for the in their efforts. I am proud of the ish that program. Surely we have other volunteers. AmeriCorps Program. I am proud of needs in our Nation and better things General Electric, in partnership with the young people who serve in this pro- to do than trying to dismantle the vol- the United Way, has invested some gram, who are trying to give some- untary service programs in this coun- $250,000 in national community service. thing back to their communities. I try. These corporations I am mentioning, think the program deserves the support Yet, Mr. President, it seems that if they had listened this afternoon to of this Congress. I am very hopeful it there are those who want to do this. I the critics of these programs, they will have that support. think it is appropriate that we have a would not have understood what they Mr. President, I yield the floor. chance to debate this issue. were hearing. They would not have rec- The PRESIDING OFFICER. Who I want to just mention some of the ognized the program that these critics yields time? The Senator from Lou- businesses that are involved in partner- were describing. They would have won- isiana. ships with the nonprofit organizations dered what they are doing with their Mr. BREAUX. Mr. President, I yield that develop and sponsor the dough. These are major American com- myself time from the distinguished mi- AmeriCorps programs. panies and corporations that generally nority leader’s allocated time. How In my own State, Timberland is a get value for every dollar that they much time is remaining under that? well-known and enormously successful spend. They have been enthusiastic The PRESIDING OFFICER. There corporation. It helps pay for partici- about investing money in national and are 33 minutes and 48 seconds. pants’ uniforms, sponsors individual community service programs. Mr. BREAUX. I yield myself such teams of young people, provides em- This is a partnership program. These time as I may consume. ployment opportunities for City Year programs are developed in local com- The PRESIDING OFFICER. The Sen- graduates, and runs a national mar- munities, with the help of businesses ator from Louisiana is recognized. keting campaign to benefit the pro- and nonprofit organizations, and then Mr. BREAUX. Mr. President, my col- gram. they are approved at State level. leagues, I have listened with a great Timberland invested some $5 million Mr. SANTORUM assumed the chair. deal of interest this afternoon, and last to be used over the next 5 years to help Mr. KENNEDY. You know, this has week to some extent, to my colleagues City Year expand in new communities been a modest program. We agreed to speak on the program known as Na- across the Nation. They know that this phase it in over 3 years—$300 million, tional Service or AmeriCorps. Unfortu- is not just some program that is not $500 million, $700 million. We are not nately, I think it has become more of a worth its salt. They are not in there to saying this program will answer all the political debate than it has been a de- just throw $5 million around—throw $5 problems facing us. But certainly, we bate on the merits of this concept. million away. This is one of the really as a country ought to be able to chal- I was thinking the other day that if outstanding companies that has de- lenge our young people to give some- two Members of Congress, perhaps two cided that City Year is a good, valuable thing back to the community in return Members of the Senate, would have the program, and they are down there, for all it has given to them. That is ba- opportunity to sit down one evening working with these young people and sically what this program is about. We and pretend that they were neither Re- helping to develop, on the basis of suc- are saying, ‘‘Look, during the period of publicans nor Democrats and they cess in Boston, this program in other the 1980’s and early 1990’s, we did not would say to each other, ‘‘Well, let us cities around the country. provide a lot of opportunities for young for the sake of argument see if we can The Bank of Boston is also allied people who wanted to be a part of the in the privacy of this room sit down with the City Year Program in Boston. process and be involved in the commu- and come up with a program, not The bank director, Ira Jackson, told nity.’’ thinking about who gets the credit, but the Boston Herald last week, ‘‘Our Sure, voluntarism is a time-honored come up with a program designed to commitment to City Year has been the tradition and of significant value. bring about new ideas and how we most successful philanthropic invest- Sure, it is taking place. Sure, there are might teach to our young men and ment this institution has made in its a lot of young people in this country women in this country something 208-year history.’’ who do not need this kind of stipend about community, something about op- This is the Bank of Boston, and its and do not need this support. But I do portunity, and something about re- association with the City Year Pro- think that, when you review these pro- sponsibility, what type of a program gram is their best philanthropic invest- grams, you will find—I know in my would we write, if we were not con- ment in 208 years. own State, with which I am more fa- cerned about who gets the credit?’’ J.P. Morgan supports a program miliar than with other parts of the I would think that in that room per- called AmeriCorps Leaders which country, although I have met haps they would look out over the his- places experienced graduates of com- AmeriCorps workers from all over—you tory of our country and say, ‘‘All right, munity service programs in new pro- will find that the participants are out- when Congress had that opportunity in grams to help them get started. standing. the past, what type of programs did

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5064 CONGRESSIONAL RECORD — SENATE April 3, 1995 Congress write?’’ I think they would try in another part of the world, al- with who gets the credit, who gets the think back to one of the most success- though those services are needed, but blame. I think a good program like this ful programs being the GI bill. The GI we are going to ask you to work in should have enough credit for every- bill was based on a very simple your State, in your city, in your coun- body to take claim for it. premise; that was, people who served ty. We are going to ask you to work I was interested just the other day in their country have an opportunity to with your local people who have identi- reading an article by one of our Repub- get back something from their Govern- fied what their problems are, what lican colleagues from the House. He ment but that they got something from their concerns are, where they need said in talking about this program and their Government because they had help, if they need help in education, if the Republican effort to slash it and to given something to their Government they need help in police protection, if kill it and to, in effect, terminate it, in the first place. That was what the GI they need help in environmental clean- this Republican House Member said, bill was based on. It said to returning up programs, if they need help in ‘‘We have a wounded President.’’ He GI’s who had served this country in the health services for their local commu- further said that AmeriCorps ‘‘is some- military that because of your service, nity. We are going to ask you to go thing that this President deserves to be your country is going to help you. We back to your local community, and we proud of, but it is a target for those were going to help you go to the col- are going to ask you to work in that people who do not even want to give lege of your choice. And as a result of local community. We are going to pay him that.’’ that program, we gave literally hun- you a minimum wage stipend because I would suggest that is the real mes- dreds of thousands of young Americans we know you are not going to be able sage that we are leaving on the floor the opportunity to go to college, not to do it if you do not have some form today, not that this is not a good pro- because it was a handout, not because of assistance to allow you to feed your- gram, not that it does not teach a it was a grant, not because it was some self and clothe yourself and help you young person something about his own sort of entitlement, but it was based on live your life. community or her own community, not the theory that they had given some- We are going to pay you a minimum that it does not teach them responsi- thing to their country and, therefore, wage and ask you to do that, knowing bility, that a government will help you their country was going to give them that you could be making a lot more if you do something. There is no free something back. And what we gave money in some other job, particularly lunch. And I would not suggest they them was an opportunity for an edu- if you have already graduated from col- are not going to have it because it cation. lege and are now paying back these gives a young person opportunity by I would think then that the two Sen- loans. But in return, if you do that, we allowing them to have a college edu- ators would say, ‘‘All right, let us see if are going to help you go to college. We cation. No. I would suggest that this we can now craft a program that builds are going to help you with a grant to House Member hit the nail on the head on that GI bill, that concept that has go to college based on the fact that you when he said that we have, in his opin- served so many millions of Americans have worked in your community to ion, a wounded President, this is a pro- who have gone to college under the GI make it a better place to live. That is gram that this President can and bill, let us see if we can craft a pro- the concept of reciprocal responsi- should be proud of, but that it is a tar- gram that teaches young Americans bility. That is saying to young men get and it is a target not because of the something about responsibility, teach- and women that your Government is merits; it is a target because of the pol- es them something about the commu- going to help you if you give something itics. I would suggest that is not how nities that they live in, and something back, if you give something back to we should legislate the future of young that also gives them an opportunity to your community and this country men and women in this country. better themselves. And, oh, by the way, right here in America. We have heard a lot of numbers let us make sure that program that we That is the whole essence of what the thrown out on the floor today about write will cost no more than one-thir- AmeriCorps Program is all about. It is how much the program cost. It is cost- tieth of 1 percent of our national budg- not a giveaway program. It is not say- ing us one-thirtieth of 1 percent of our et.’’ ing we are just going to give you national budget. That would be a real challenge. But I money because that is what Govern- Is that too little to invest in giving guarantee you, if the two Senators did ment is all about and go to college be- young men and women an opportunity, not care who got the credit, they would cause your Government is giving you a sense of community, and teaching come up with something that is very something and asking nothing in re- them about responsibility? I think not. close to the National Service Program, turn. the program known as AmeriCorps, Those two Senators, who would not In return for each full year of commit- which today is facing the prospect of care about which party got the credit, ment, a 2-year maximum, a volunteer being slashed and burned and killed be- would be very proud of this new direc- can receive $4,725 in tuition assistance fore it has a chance to ever-present tion, of this new partnership, of this and health care and a stipend which is young Americans with opportunities, new way of thinking, that says, yes. approximately the minimum wage. to teach them responsibility, and teach We have programs that give grants to So we pay young men and women a them something about their commu- go to college. In most cases you have minimum wage to work in their local nity. to show that you are poor. In most community doing things that are ex- Suppose people when we talked about cases you have to go through a lot of tremely important in that local com- the GI bill had said, ‘‘We are not going paperwork to show that your parents munity, and then, after they have done to do that. Let them go out and earn do not have enough money. But this it, we say we will now help you with their own living, let them work. We are program will be based on the fact that tuition for you to go to college. not going to have a GI program to help we want to help anybody who believes I think that is a bargain. I think that kids get to college. We don’t care what enough in their country to believe in is a new way of thinking about the role their status is. We are not going to do working in their local communities, of individuals and their Government, that.’’ How many young Americans assuming some responsibility at a time that their Government is going to help would not have had the opportunity to in their lives when that is very, very them when they show responsibility be as successful as they are as a result important, connecting that young per- and a willingness to contribute to their of that program? son to their community in a way that local community. I would suggest that So what we have, I think, Mr. Presi- perhaps they have never had the expe- is much better than just sending them dent, is a National Service Program rience in doing before. And based on the check and saying, ‘‘Well, we are the that should be allowed to continue. It what they do, your Government will Government; here is the check; go to should be allowed to prosper. It should help you go to college with assistance. college.’’ be allowed to flourish. What that pro- I would suggest that program would be What we are saying with this pro- gram says to young Americans is that one that we could all be very proud of. gram is that we are going to help you we are going to ask you to work in We know, unfortunately, the problem if you do something in return. I think your community, not in a far-off coun- is Congress sometimes gets involved that makes a great deal of sense.

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5065 Some people say, ‘‘Well, if you pay not care that this was Bill Clinton’s Mr. President, I yield back the re- someone a minimum wage, they are idea, I guarantee they could walk out mainder of the minority leader’s time. not a volunteer.’’ The former distin- of that room and say we thought of Mr. DODD. Mr. President, I rise in guished chairman of the Armed Serv- something that really makes sense. Let support of the Daschle amendment. ices Committee, the Senator from us make sense. This amendment is essential to restore Georgia, SAM NUNN, my good friend, al- Is it perfect? Of course, not. Nothing funding for critical national education most laughed at that suggestion be- is perfect. Are there some examples of and children’s needs that were dis- cause we all know now we have a vol- how things should not have been done? proportionately targeted for reduction unteer army. Does anybody suggest it Of course. But the program is in its in- in the rescission bill. is not voluntary anymore because we fancy stage. Let us let it breathe for a Last week, the Children’s Defense pay them a salary? Of course, not. We few years to try to get it on track. If Fund released its annual report, ‘‘The pay everybody who volunteers in the there are some problems with it, let us State of America’s Children.’’ CDF re- military. We pay them more than a fix the problems and make sure they do ports that child poverty has reached its minimum wage. We pay them a livable not occur again. But do not kill the highest level in more than 30 years. salary. But the whole military is vol- program. Do not say to the young men Last year, one in every four children in untary now. No one is drafted. No one and women of America, we are going to our Nation was poor. continue to try and teach you there is is required to serve. It is an All-Volun- CDF reports: teer Army, and yet we still pay men something like a free lunch, because and women who voluntarily join the this program is just the opposite. This An American child is reported abused or military. program says you will get from your neglected every 11 seconds; is born into pov- So I would suggest that paying a Government help and assistance when erty every 32 seconds; is born to a teen moth- er every 62 seconds; is arrested for a violent young person a minimum wage stipend you agree to give something back. crime every four minutes; and is killed by in order to work in their local commu- Funding was $575 million for fiscal guns every two hours. nity does not detract from the fact year 1995, one-thirtieth of 1 percent of that this is a voluntary program. Many our budget. Can we not invest one-thir- Mr. President, no great nation can of these young graduates who return to tieth of 1 percent in the lives of future long survive if it does not provide ade- work in their local communities are Americans, young men and women who quately for its children. I know of none voluntarily doing it. They could earn a want to learn about community, who of my colleagues who would disagree great deal more if they would go right want to learn about responsibility, who with this statement. But, I know of too into the private sector at a high-wage want to have opportunity given to many who are prepared to violate its job. But, no, they are saying this is them for what they have invested? spirit by reducing funding for proven what I wish to do. This is a way to pay I think that is a wise expenditure of and vital programs, by slashing welfare back my Government for what it has tax dollars. I think we are going to see programs to save money, and by elimi- done for me. It is still clearly a vol- great dividends paid, maybe not right nation the safety net that protects untary program. now but in future years; that when American families. I do not understand why we are argu- somebody sits back and compares some The rescission bill before us today ing about this. Some of the polls that of the good programs that Congress has contains $13 billion in cuts in Federal I have seen say that over 90 percent of done they will point to the GI bill as programs. Overall, this is a much bet- the American public, when they are ex- one of our most wonderful programs, ter bill than the one that passed the plained in a rational and reasonable but at that time, if we are successful, House. But, nonetheless, a large and tone what the national service program they can also say that when Congress disproportionate share of these cuts is all about, say this is a good idea; had the opportunity in the 1990’s they are targeted at programs that benefit why did we not think of it before? Why built on the GI bill and passed a na- children and youth. do we only have grants coming out of tional service program, and now, CHILDREN Washington that you have to go maybe 10, 20 years later, it is producing This bill contains a 20-percent reduc- through weeks and months of paper- the results we would like to see. tion in the President’s investment pro- work to make sure you have the right Mr. President, I will be offering an grams. That reduction translates into income level to finally qualify? Why amendment to help restore some of the a $42 million cut in Head Start. not say to all Americans we are going draconian cuts that were passed by the Mr. President, last year I authored to help you if you are willing to serve House on this program. My amendment the Human Services Act that reauthor- in your community? would allow for still a 20-percent reduc- ized the Head Start Program. At the That is the essence of what national tion in the spending from last year. time, I was prepared for a real chal- service is all about. That is the essence Most programs come in and say we lenge and a spirited defense of the leg- of what AmeriCorps is all about. The need more money, more money, more islation on the floor. Instead the legis- Peace Corps was a successful program. money. My amendment is going to say, lation passed unanimously with no dis- We sent men and women from our all right, in this time of fiscal balance sension and no acrimony. Head Start is country to far-off lands to help im- and concern about deficits, let us re- a proven program that gives disadvan- prove conditions in those far-off coun- duce last year’s spending by 20 percent taged youngsters an early and impor- tries and people thought it was a good even though we have more money and tant step forward in their educational idea. It was and it still is. more requests than we did before. Let development—yet this rescission bill Here is a Peace Corps Program for us reduce by 20 percent the President’s goes after it. our own country to help urban areas, request for the National Service Pro- to help rural areas, to help local offi- gram, but let us keep it viable. Let us The bill before us also includes an cials who desperately need young, tal- keep it working. Let us keep the inno- $8.4 million cut in the child care and ented, future leaders of this country vative ideas that are coming out of development block grant. Currently, working in their communities. I think that program so that we can say, when eight States have more than 10,000 chil- the beautiful thing about it is that it is we had the opportunity to teach our dren on child care assistance waiting a partnership, it is a reciprocal part- young men and women in this country lines. And many more child care slots nership between you and your Govern- the things that are needed in order to will be needed as we seek to move peo- ment to help people quit thinking the make this country great, we stood up ple from welfare to work. Government owes them something, and were counted and voted in favor of The Women, Infants, and Children’s that just because they are born the my amendment. Program takes a $35 million hit in this Government owes them something and Mr. President, how much time do I bill. WIC has always been a popular and is going to pay for it. It is a partner- have remaining? bipartisan program. The program is a ship. The PRESIDING OFFICER. The Sen- wise investment providing nutritional Again, if I could have those two Sen- ator has 16 minutes and 7 seconds. assistance to low-income pregnant ators who did not care whether they Mr. BREAUX. I reserve the remain- women and children. It saves money were Republican or Democrat, who did der of my time. and lives in the process. Last year, I

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5066 CONGRESSIONAL RECORD — SENATE April 3, 1995 joined with 70 of my colleagues in re- wells, and boarded-up windows. Unless Committee be discharged from further questing full funding for this vital pro- we restore these funds, thousands of consideration of House Concurrent Res- gram. families will be forced to raise their olution 34 relative to the Ringling The Daschle amendment would re- children in substandard housing. Bros. Circus and the Senate proceed to store the cuts in these three important The Daschle amendment is essential its immediate consideration under the programs, and it would pare back cuts to help us maintain decent living con- following time agreement: 1 hour under in education. ditions at many public housing devel- the control of Senator SMITH to offer EDUCATION opments across the country. an amendment regarding elephants. I Today, our Nation faces tremendous NATIONAL SERVICE further ask that following the conclu- and unparalleled economic challenges. The rescission bill cuts national serv- sion or yielding back of time, the Sen- Increased global economic competition ice by $210 million. The AmeriCorps ate proceed to a vote on the Smith and rapid advances in technology have Program has provided thousands of amendment, to be followed imme- created major structural changes in Americans with the opportunity to diately by a vote on adoption of House our work force. serve in their communities and earn a Concurrent Resolution 34. If we are to meet the economic chal- post-service benefit for further edu- cation and training. Currently, 20,000 The PRESIDING OFFICER. The lenges of the 21st century, it is critical clerk will report. that we invest in the education and young Americans have answered this training of our work force—even if it call to service and are working in com- The legislative clerk read as follows: takes us a little longer to get our budg- munities across the country to meet A concurrent resolution (H. Con. Res. 34) et fully into balance. vital needs. The AmeriCorps Program authorizing the use of the Capitol grounds Yet at precisely the time in our Na- represents all that is best about Amer- for the Ringling Bros. and Barnum & Bailey tion’s history when our educational ica. the Daschle amendment recognizes Circus Anniversary Commemoration. this fact and restores funding for this challenges are greatest, the Federal The PRESIDING OFFICER. Is there commitment to education has dimin- program. CONCLUSION objection to the immediate consider- ished. Since 1979, we have cut in half ation of the concurrent resolution? the Federal commitment to elemen- After consulting with high-paid polit- tary and secondary Education as a ical pollsters, some of my colleagues There being no objection, the Senate share of total education spending. This on the other side of the aisle have proceeded to consider the concurrent decrease has exacerbated the dispari- begun cloaking their political goals in resolution. ties in education spending across the guise of helping kids. The PRESIDING OFFICER. The Sen- They have learned to talk about def- school districts and threatens to com- ator from New Hampshire. icit reduction in terms of its impact on promise our future economic produc- our children’s future prosperity. And Mr. SMITH. Mr. President, first of tivity. they have learned to talk about tax all, let me say that the resolution that Education takes a heavy hit in this cuts in terms of their impact on fami- we have before us is a resolution to bill. It includes a $100 million cut in lies with young children. allow the Ringling Bros. Circus to the only Federal program that seeks to They’ve become better at framing come on the Capitol Grounds at some combat violence and drug abuse in our issues to score quick political points point this next week. I believe it is schools—the Safe and Drug-Free and worse at thoughtfully examining Wednesday. I could be wrong on the Schools and Communities Act. the impact of their policies. date. It includes a $72 million cut in the Clearly it is important that we re- As a youngster, I enjoyed the circus title one program for disadvantaged duce our deficit and our debt. But a children. It includes a $68 million cut many times, as most of us have. I have child who is denied food on the table, no objection to many of the acts that in the Goals 2000 Program. This cut adequate child care, or a decent edu- you see in the circus. My objection would deny seed money for imple- cation is not worried about what may here to this resolution is the issue of menting comprehensive reform plans happen to them 20 or 30 years down the using elephants in a way that they are to about 1,550 schools. road. They are worried about their used in the circuses throughout the The Daschle amendment recognizes health and safety in the present. And that these shortsighted cuts cost our we should be too. United States, in this case Ringling Nation more in the long-run than they The cuts in this bill compromise the Bros., because they are planning to save today. immediate nutrition, housing, and de- bring, I cannot get the exact number, a HOUSING velopmental needs of thousands of our certain number of adult elephants onto The largest cuts in the rescission bill children. The Daschle amendment the Capitol Grounds. occur in Federal housing programs. lessens the severity of these cuts. AMENDMENT NO. 449 The rescission bill includes more than The Children Defense Fund’s report $4.5 billion in cuts in the Department should powerfully focus our resolve to (Purpose: To prevent the use of elephants in strengthen our investment in chil- the Ringling Bros. and Barnum & Bailey of Housing and Urban Development’s Circus celebration) current budget. If enacted, these cuts dren’s needs, not to lessen them. will hurt low-income people struggling I urge my colleagues not to under- Mr. SMITH. Mr. President, I am to find decent housing and reduce eco- mine our commitment to our kids. I going to offer an amendment, and that nomic opportunity in our urban com- urge my colleagues to support the amendment should be at the desk. I munities. Forty percent of public hous- Daschle amendment. will offer that amendment at this time, ing residents are single women with The PRESIDING OFFICER. The Sen- an amendment to the underlying reso- children. ator yields back the time. lution. It is a very simple amendment. Even without the recommended re- The Senator from New Hampshire. Mr. SMITH. I yield back the remain- The PRESIDING OFFICER. The scissions, current funding levels for der of the time on our side. clerk will report. HUD’s public and assisted housing pro- The PRESIDING OFFICER. The Sen- The assistant legislative clerk read grams serve only about a third of the ator yields back the remainder of the as follows: persons eligible for benefits. In Con- time. necticut, there continues to be a short- Mr. BREAUX addressed the Chair. The Senator from New Hampshire [Mr. age of affordable housing. There are SMITH] proposes an amendment numbered The PRESIDING OFFICER. The Sen- 449. 15,000 homeless people in my State, in- ator from Louisiana. cluding more than 3,000 children. f The amendment is as follows: The Daschle amendment would re- store $500 million to the public housing RINGLING BROS. AND BARNUM & On page 2, strike lines 9 through 13, and in- sert the following: ‘‘performers, on the Cap- modernization account. These funds BAILEY CIRCUS ANNIVERSARY COMMEMORATION itol Grounds, on April 3, 1995, or on such are critical for families living in public other date as the Speaker of the House of housing. Without them, we will have Mr. BREAUX. Mr. President, I ask Representatives and President pro tempore more roofs with holes, rusting stair- unanimous consent that the Rules of the Senate may jointly designate.

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5067 SEC. 2. CONDITIONS. safe to have them around little chil- all say, ‘‘Well, there was SMITH out No elephants shall be allowed on the Cap- dren on the Capitol Grounds? there wailing away on nothing. It is ir- itol Grounds for the purpose of this event.’’. Now, I want to again repeat, I do not relevant. He took the Senate’s time. Mr. SMITH. Mr. President, the object to Ringling Bros. being here. I Nobody cares about this.’’ amendment is a very simple amend- know they do a lot of things in the Well, at least 15 people have been ment. It simply says the circus can breeding of elephants and help to some- killed by animals in the last 5 years in proceed on the Capitol Grounds with- how enhance some species that may circuses—15 people. And I am going to out the use of elephants. even be on the endangered species list. go through these right now. Now, this is the type of amendment That is not what I object to. I object This one here, 2 weeks ago, a circus that tends to bring some ridicule of me to them being transported and used in elephant trampled two men to death in by others who have in some way ex- the way they are used. Bangkok. OK, that was not in America. pressed their concern about this. I am I have a film of this animal from be- OK; fine. I am preparing myself for the going to go through this because I ginning to end. I have asked some of comments that will be coming. So let think it needs to be said. I am going to my colleagues to look at it. Nobody us move on. be very methodical about it. has taken me up on it. Maybe if they Ringling Bros.—that is who we are It concerns two areas. One area is took me up on it, somebody might talking about here; that is who is com- how the elephant in a circus is treated; come down on the floor and ask for a ing to town, Ringling Bros.—Ringling not how you see the elephant out there recorded vote. It would be nice to have Bros. Circus’ most experienced trainer, doing its performance, but how it is a little company. Alex Gautier, was trampled to death in treated in order to do that perform- But let me start by relaying some in- 1993. ance, and how it is kept, how it is cidents. Because, bear in mind, now, Lest somebody would doubt me, I transported. And, second, I am going to sometime this week, or whenever we do have the obituary on that somewhere. outline a number of incidents that it—I would like to be wrong on the Let me see if I can find it. I have it have taken place in the past few years number and I stand corrected if I am— right here. involving these huge, several-thousand- but somewhere around 15 elephants are This is an obituary from the New pound animals that are used in the cir- going to be brought onto the Capitol York Times. He was Ringling Bros.’ cus. Grounds. Maybe it is less. I do not elephant trainer. He was trampled to I am not going to in any way try to know how many it will be. I have not death 2 years ago by an elephant. He misrepresent facts. I realize—and I been told. I cannot find out. So many had been with Ringling for 35 years. So want to say it up front—that in some elephants are going to be brought on it was not exactly some inexperienced areas the Ringling Bros. people do the Capitol Grounds here. kid that came out and said, ‘‘I’m going some very fine things with animals. I How do you restrain an elephant? to train an elephant.’’ He represents 35 know for a fact that one of the trainers So they are going to be brought on to years of training. at Ringling Bros. who trains dogs saves the Capitol Grounds. As we hear about Even if Ringling’s most experienced some of those dogs from death at the these elephants being brought on the trainers are at risk, how about the kids pound and trains those animals to be Capitol Grounds here, remember this is on the Capitol Grounds? Does anybody used in the act. I do not object to any my objection. care about them? Hundreds of school- of that. Let us talk about some of the things children are going to be here. This involves elephants. that happened to elephants in circuses I heard Speaker GINGRICH say how I hope that the cameras can pick this in the last few years. Let us just take wonderful it was going to be; we are up, but this, in only a very small way, a few minutes and go through them. going to have animals on the grounds; conveys the horror of what I am talk- I have talked to Mr. Ireland, who is a it was going to be a wonderful thing for ing about, because I cannot explain it representative of the Ringling Bros. the children. or show it with pictures. I have films. Circus. We had a very nice conversa- A 51-year-old elephant trainer, lead- I have tried for about 2 weeks now to tion. He is a good friend of mine; a ing trainer of elephants, performer all interest any of my colleagues, any one former Congressman. He represents these years, died 2 years ago at a hos- of my colleagues—any one—in this Ringling Bros. He came in and spoke to pital at the University of Florida, issue, to no avail. me. He made a very strong case, a good Gainesville. One of the elephants he So that all my colleagues will know, appeal to me. was working with at the Ringling Bros. lest they be worried about it, I have de- I ask him if he would simply remove elephant farm in Williston, FL, cided not to call for a rollcall vote on the elephants from the act on the Cap- knocked him down and stepped on him. this issue, because I know what the itol Grounds. This circus is going to be He was taken by helicopter to the hos- vote will be. It will be a voice vote. performing downtown in the armory pital. He was a feature performer at But I want my colleagues to know for 20 days. All I ask is that the ele- one of the show’s traveling circuses that what they are doing by allowing phants be removed from the acts on the where he had been appearing in Ashe- these animals on the Capitol Grounds Capitol Grounds, because I thought ville, NC. He was making a brief visit is a grave risk, a grave risk not only to first, it was a danger; and second, I ob- to the farm to check on the conserva- the animals but also to the children jected to some of the ways and meth- tion and breeding program in the herd who have been invited to be here. ods that were used to train these ani- of 20 elephants. This elephant in this picture here mals, to no avail. There was no agree- So that is the first instance. was shot over 100 times when it went ment. They would not agree to do that. In 1994, Alan Campbell was crushed berserk in Honolulu. It killed a trainer I cannot understand why it is so im- to death and a dozen spectators—a and injured some people. portant to have these huge animals dozen spectators—were injured when These animals—you might say, what roaming around the Capitol Grounds. If an elephant with Circus International is it about them that would cause them people want to see them, they can go went on a rampage through downtown to do this? Well, for those who care, I down the street at the armory, go to Honolulu. This is that picture. That would think that they must not have the circus and see them there. But they elephant killed the trainer, came out reacted too well to some of the train- said that was out of the question. They of the little circle, the arena, came out ing and some of the things that they would not agree. So here I am. of the tent, through a fence, out into are required to do in these acts. It is an issue of public safety, Mr. the road. There was absolutely no pro- Now, does this mean that delib- President. It really is an issue of public tection for the people against this huge erately people try to inflict harm upon safety. animal. these animals? In some cases, that may Now, it would be very easy for the They had to shoot this animal with be true. Are they fed well? Of course, skeptics, because, after it is all over, if anything they could find—revolvers, they are fed well. But that is not the nothing happened—and I pray to God whatever they could gear up; there was issue here. The issue is, should an ani- nothing does; but if it does, then do not absolutely no protection—100 times be- mal this big go through the procedures say I did not tell you so— and if it does fore the animal fell down against a car, that we put them through, and is it not—and I hope it does not—they will and even then they could not kill it

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5068 CONGRESSIONAL RECORD — SENATE April 3, 1995 with a gun. Somebody got there with under a fence separating the ring from ter, and I respect that. But I am a U.S. some type of drug and was able to im- the audience in Honolulu, HI. Senator. The last time I looked, the mobilize the elephant for when they fi- Lion Country Safari: On February 1, Sergeant at Arms worked for us. nally killed it. So 100 times. It was the 1992, 12 people were injured, including Maybe somebody else has a different second incident at the circus in 1 week. one police officer, when an Indian ele- perspective on that. I thought the Ser- Was that Ringling? No. I am not phant broke loose during a perform- geant at Arms worked for the Senate. maintaining that it is. It was a circus ance at Brevard Community College in I am a Senator, and I asked him, and that happened. Elephants are ele- Palm Bay, FL. ‘‘What do we have available to us if an phants. I do not think elephants know On June 8, 1990, a man was injured elephant goes berserk on the Capitol the difference between a Ringling Bros. when an elephant attacked her trainer Grounds?’’ He refused to tell me. He re- Circus and any other circus. If they are and ran into a crowd in Reading, PA. fused to tell me. He did not say, ‘‘I’ll asked to stand up on one leg on a bar- The trainer had repeatedly stuck the put it off,’’ ‘‘I’ll tell you tomorrow,’’ rel, I do not think they understand if it elephant in the mouth with a hook to ‘‘I’ll look it up,’’ or ‘‘It is the fol- is Ringling asking them to do it or gain her attention just prior to the at- lowing.’’ He said, ‘‘I won’t tell you,’’ anybody else. tack. The trainer got her attention, I period. ‘‘I don’t have to tell you, and I If anybody can tell me how they might add. won’t.’’ And he did not, and I do not know that, I would be happy to hear it. In July 1987, two children were in- know why. I assume 99 of my other col- Backstage at ‘‘Live with Regis and jured in Milwaukee, WI, by an elephant leagues do not care. They are just Kathie Lee,’’ Yelena Aleynikova had when she escaped from trainers with going to have the elephants here. her skull fractured, ribs broken and a children on her back. The circus recov- I was told by the office of the Senate lung punctured by a Moscow Circus ele- ered the animal and she resumed giving Sergeant at Arms that the security re- phant in 1994. She is suing the circus, children rides 2 days later. I wonder if quirements for this circus for 2 hours the show, and ABC as a result of that the parents of the children who were would be the equivalent of the State of incident. brought to ride the elephant after the the Union Address. So, apparently, I hope our insurance is paid up on the incident were told the animal had done they must think it is pretty serious. Capitol Grounds, by the way. that days before. We were also told that the cost was Schoolchildren looked on as an ele- Hanneford Family Circus: On June mainly associated with the expected phant crushed a man to death at the 21, 1990, David Dickerson, an elephant demonstrations against the involve- San Salvador National Zoo in 1993. He trainer, was killed when the elephant ment of the elephants in the circus. Of was the second person that this very he was training crushed him after course, the elephants themselves pose a elephant had killed. being startled by a passing car in Fort serious security threat and, thus, an Char-Lee Torre was kicked to death Lauderdale, FL. enormous cost to the taxpayers in ex- by an elephant at the Lowry Park Zoo Commeford & Sons: On August 31, cess security personnel, but I cannot in Florida in 1993. 1991, Brian Corring was severely in- find out what the security is. Christopher Ponte was crushed to jured by an elephant carrying children It is my understanding that all shifts death in 1993 by an elephant at the on her back during the Champlain Val- of the Capitol Police—all—will be on Clyde Beatty-Cole Bros. Circus in New ley Fair in Essex Junction, VT. While duty during this event when they bring York. the children on the elephant were the circus to town. The Senate Ser- And in 1992, Jubal Cox was grabbed unharmed, the parents felt the officials geant at Arms told me it would require and slammed to death by an elephant ignored the severity of the situation. paying overtime for a number of offi- in Texas while visiting the San Anto- This was the second time that the ele- cers—again, $52,000. nio Zoo. phant had injured someone. Let us go into it a little bit more be- There is more. Just a couple more. cause sometimes when you talk about Eight children and their parents were The Gatini Circus: Elephant trainer money around here, it is the only time pinned under a fence by an elephant at Eloise Berchtold was killed by an ele- you get anybody’s attention. the Circus International in 1994—chil- phant during a performance at Rock If a person does not care about the dren. Forest, Quebec. The elephant stepped elephants, and they do not care about Twelve spectators were injured and a on Berchtold and would not let anyone the kids out there, maybe we can get police officer was thrown to the ground near her to provide medical assistance. your attention with money. Of course, when an elephant went on a rampage in Tarzan Zerbini International Circus: that is not including the regular Cap- Florida at the Great American Circus July 15, 1992, nine people were injured itol Police officers who will be on hand, in 1992. The elephant was shot and when elephants toppled a barricade that is $200,000, in addition to the killed by police. during a performance at a shopping $52,000. If there are any arrests, any at Again, members of the audience were center in Lafayette, IN. all, anybody gets arrested out there— trampled after an elephant at Circus I have been trying for the past sev- protesting, demonstrating, making Benneweis attacked her trainer and eral days to get somebody around this love, whatever they are doing out there went running through the town’s busy place to care about this, and I cannot on the grounds—each arrest will cost harbor area in 1994. The elephant later do it. I cannot find anybody that cares. additional overtime hours on top of the returned and was killed. There is not exactly a crowd on the $52,000. This does not include the addi- In 1994 in Utah, Jordan Circus animal Senate floor right now. tional security costs for the Wash- trainer Rex Williams suffered broken I asked the Sergeant at Arms how ington, DC Police Department. It also ribs, a broken arm and organ damage much does it cost for the extra secu- does not include the setup costs of the after being thrown and trampled by an rity, extra police—just the extra po- circus. The Architect of the Capitol es- elephant on whom children—children— lice, not what it costs us every day. timates that could be about $7,000. Re- were riding. The extra police, just for a couple of member now, the circus is right down- Here is a Ringling animal trainer, hours while the circus is here for over- town for 20 days. George Lewis: time—overtime for officers—$52,000. Mr. President, for the past several An elephant, when brought into captivity, I then said to the Sergeant at Arms, days we have been debating decisions must make a tremendous adjustment to live ‘‘I want to know what protection do we of previously appropriated funds. It is with man . . . They come to hate their have for the children and the spec- not an easy task, because many of the human masters, who are responsible for tators on the Capitol Grounds if this projects are worthy. These programs keeping them confined . . . elephant, or any elephant of the ele- will be paid for. These programs we That is a Ringling trainer. phants you have on the grounds, goes have been debating on the floor of the I do not have them all up here on the berserk, what do we do?’’ Senate will be paid for by our children chart, but let me give you a couple He said to my staff person, ‘‘I will and their children. more. not tell you that. I will not tell you Ringling Bros. said the elephants On August 15, 1994, 10 people were in- what the protection is.’’ The implica- must be in the circus, cannot have a jured when an elephant pinned them tion is that it would be a security mat- circus without elephants. I asked if

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5069 they would bring the circus here so I they have a bazooka? What is their These tapes, I have them. I will be could come and enjoy it as well, with- plan of action? What is the plan if more than happy to provide them for out the elephants. Clowns, acrobats, something happens? It took 100 rounds my colleagues to look at, anytime they dancing dogs. No, no, no, they want to in this poor animal here that went wild want to look at them. The hooks that see that, but the kids want to see the in Honolulu and that still didn’t kill it. are used, the methods of training the elephants. It needed to be killed by lethal injec- animals down, the cramped quarters to Well, I hope the kids enjoy it because tion. house the animals, and the methods they are paying for it. Right now the People ought to see the film. My col- used in breaking wild elephants. national debt says each child in Amer- leagues ought to look at the film of Let me just say for the record on ica today is $18,500 in debt, so we will that. That is really something to wild elephants, Ringling has assured add to your debt. So I hope you enjoy watch. Look at the policemen, and me they do not use wild elephants, that the elephants. We will pay for it years then see if you can vote against this. I they breed their own and take young from now. They will pay when they do not know where we will get 100 elephants, and I have no reason to deny join the work force. By then, the na- rounds. Last year’s crime bill banned that. tional debt will be—I do not know what the manufacture, sale, or possession of In the past, and, in fact, in some it will be by that time. It will be $6 all clips over 10 rounds, so I assume we trillion by the next 3 or 4 years. other circuses, baby elephants are cap- will have 100 officers standing out tured in the wild, taken from their So, I suppose I could say if I was cyn- there with pistols, with 10 rounds in a ical, if we want to cut the cost of Gov- mother, and beaten for days at a time clip. I do not know. I cannot find out. while they are screaming. It is on the ernment, we could vote for this amend- Now, do we want to be firing AK–47 ment. If we pass the amendment, there tape. Members ought to watch it. Beat- rounds around little children if some- en, for days and days, in shifts, by will be no protesters, there will be no thing happens? I do not know. These threat of elephants running amok on these people in the jungles of Thailand are the issues that ought to be of con- and Laos. Wherever the elephants are the Capitol Grounds. And we can pass cern. it by unanimous consent. We save the captured, beaten consistently until Overreacting, they will say. Yes, al- their spirit is broken, and until they taxpayers $52,000. ways overreacting until something There are all sorts of events on the have nothing left to offer resistance to. happens. Is that not the way it is? Screaming and crying. Ought to watch Mall here in Washington. Cirque du Even those who do not have strong the tape. Soleil has done performances on the feelings about the treatment of ani- Mall. No elephants, no protests, no mals ought to be concerned about the Does Ringling do that? No, I want to threat to security, no cost to tax- issue of public safety, as well as the make it clear. But young elephants are payers. The kids loved it. They do not cost. captured and are used in circuses in need elephants to have a good time. I want to stress a few points in clos- that way. Neither does Ringling. ing here. Ringling Bros. maintains Now, the issue, we could go on and on Ringling Bros. circus is performing their training practices are not cruel and on. Elephant incident after inci- at the armory. If the kids really want and they are not abusive. I think they dent after incident, where elephants elephants, they can go and see them at mean that. They may think that. have been on the rampage and done the armory or they can see them at the But let me say when the elephants go some of these things. National Zoo. They can see them for berserk the first person they go after is The issue, really, is this. Should an free at the National Zoo. There are sev- the trainer. That ought to say some- animal this big, this wild, be used for eral there, as a matter of fact, for the thing. When I met with Mr. Ireland he entertainment? I do not think so. I do benefit of anybody who might be lis- said that while Ringling Bros. does, in tening who cares, including a baby ele- not see the need for it. There is no need fact, use whips, whips are used because phant. for it. We do not see what happens They are not asked to stand on their of the cracking sound, which is an au- when the circus is not around. When we heads or climb up on a barrel about the dible cue to the elephants. are not watching the circus. size of 1 foot, parade around with a I am not an elephant trainer. I do not We are seeing the animal out there hook in their mouths. They are just know what the function of a whip is or with his trunk around another ele- there, well-taken care of at the zoo. how it works. I suppose if someone was phant’s tail and gets up and does a So, let me again comment on the whipping a cracking whip behind me I trick. That looks cute and I have seen Sergeant at Arms, because this is very would probably do whatever they said, it. critical. I think there is an arrogance too. Frankly, before I knew more about here, No. 1. We have a right to know. A I have concerns about a number of this I thought it was great. How do U.S. Senator asked the Sergeant of other practices that are regularly em- they transport an elephant from Flor- Arms about information about an ployed in the training of elephants. I ida to California? You cannot put them event here on the Capitol Grounds. We am not going to get into whether Ring- on an airplane, so they put them in have a right to know what it is. I will ling employs these are not. I do not some kind of a truck. Ever look at the find out. With or without a vote on this know. We may never know, because no width of a highway? There is only so amendment, I will find out what they outside organizations are allowed to much size of a truck that can be used. monitor or film their trainers. are going to do and what the plan is. So they are in cramped quarters. I asked, and the only reason I have I was offered the opportunity to go Now, when you have them on location not found out, I was not here, and I had down to a Ringling training area where for a circus—let us say down here at to have a staff person do it on my be- they train elephants by Ringling. They the Armory—how do you restrain these half. I will find out or there will be hell said, ‘‘You can come in and watch us animals? How do you restrain an ani- to pay as to why I do not find out. train.’’ I found that somewhat humor- Given all the instances I have men- ous. If they had any methods I would mal that weighs several tons? Let me tioned that is not an unreasonable con- object to, I do not think they would tell you how you restrain them. You cern. What do they have on the use them while I was there. Maybe chain them. You chain them up. grounds. How do we stop an elephant, they would, but I doubt it. You can say we feed them hay, we Mr. President, if it goes berserk? What So, let me mention a few articles feed them grain, we take good care of do we do? Do you use an AK–47? An M– that I have here. them—these are wild animals. So that 16? An AR–15? They are illegal in Wash- Before I do, let me call my col- is why things like this happen. That is ington. A person cannot even carry leagues’ attention to a section of the why elephants go berserk, because they them. All illegal. All banned. This is National Geographic. This piece from are not meant to do these kinds of gun control in the city of Washington. the National Geographic shows the things and it is cruel. It is cruel. Highest crime rate in the world, we methods that are used. Obviously, I We have an opportunity here today have gun control. All illegal. cannot show it here. We do not have in the Senate to make a very small Frankly, would that stop an ele- the facilities to do that. Might be a statement. We are not going to stop phant? I doubt it. I really doubt it. Do good thing to do some time. this by doing this. We are not going to

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If an How they are treated, how they are that, even though it is not intended to animal got out of line, he flicked that ani- transported, how they are fed, how be cruel, the result is that it is cruel in mal in the most sensitive place you could hit they are cared for, how they are treat- the way that we treat these animals. either a male or a female. He hit, but only ed when they are sick. Those rules and because the animal had made a mistake. They ought to be left alone in zoos, in regulations are already on the books. If parks, wherever we can; and not use— Really? That is what the kids are indeed those rules are deficient, the ap- or abuse—them in the ways that is going to patronize when they come on propriate committees in the Congress being done in these circuses. the Capitol Grounds. of the United States should review The little kids ought to be able to go Let me just repeat, Mr. President, those rules and then make rec- down and see these elephants chained when I started this process I said if I ommendations to the full body. None of and restricted, or watch the training, get some support, if I get some people that has been done in this case. which we are not allowed to watch. who will come forth and participate in Second, I trust the Sergeant at Arms, I think it is sad because all we have this debate with me and share my con- whom I know the Senator from New to do is just make a statement: No, we cern, I would probably call for a roll- Hampshire knows very well. I am cer- are not going to let the elephants come call vote. But it did not come. I know tain he has reviewed the risks and lack here on the Capitol Grounds because where the votes are and are not. There of risks associated with the appearance we do not think it is right. The ele- is no point in taking the Senate’s time of a portion of Ringling Bros. Circus on phants are still going to be performing anymore on this. I will not call for a the Capitol Grounds. He, indeed, has down at the Armory. We are not going rollcall vote. the responsibility of determining to be able to stop that. But we make a I will call for a vote, however, at whether events can take place on the statement and maybe, by making that whatever time the Senate wishes to Capitol Grounds that do not impair the statement, we show the world and show have it, either now or tomorrow. Un- safety of the Members of this body, as the country that we care a little bit. less someone else asks for a recorded well as the employees who work here, I know the types of criticism and the vote, I will call for a voice vote on this ridicule that I get. People say you are as well as, in fact, the physical grounds matter and, if the wishes of the Senate that constitute the Capitol of the an animal rights nut. I am not. I am are that it be now, in just a moment, I not. But they do not have anybody. United States. I trust, I am certain he will do that by yielding the floor. has made a decision that these events There is nobody who can come out here Let me remind my colleagues, before on the floor. An elephant cannot come can take place without putting any I yield back the remainder of my time, person at risk, any Members at risk or, out here on the floor. No animal can of all the materials that back this up. come out here. It does not have any indeed, any of the physical structures This is not the only incident. There are of the Capitol at risk. Congressmen or Senators to represent many incidents like this. I will say it. So if somebody does not speak up, Therefore, Mr. President and col- again, in summary, I hope nothing hap- leagues, I think the amendment offered who do they have? pens. But I also say we are not pre- So it is a very small thing to do, real- by the Senator from New Hampshire, pared for it if it does. We are not pre- in good faith and with all sincerity—I ly. It is not a big deal. We just say pared to handle a rampaging elephant Ringling, come on up; bring the clowns, admire the work he has put into this— with a bunch of little schoolchildren I suggest is inappropriate at this time bring the dog acts, bring the rings, out on the Capitol Grounds. If we are bring the trapeze artists, and entertain and ask for its defeat. prepared for it—and the Sergeant at The PRESIDING OFFICER. If all the kids. But leave the elephants in the Arms refuses to tell me whether we are zoos and in the parks. Leave them time is yielded, the question is on or not—if we are, it would have to be agreeing to the amendment of the Sen- alone. with some humongous weapon, which Circuses started back in the days ator from New Hampshire. would have to impose a danger on the when we did not understand this, or The amendment (No. 449) was re- children who would be here, because we when we did not care. Those days are jected. past. Let us move on. Let us get into do not know what direction this ele- The PRESIDING OFFICER. The the 21st century here. phant would run, or any elephant question is on the adoption of the Elephants are a vanishing species, would run, or elephants, if they were to House Concurrent Resolution 34. anyway. I doubt very much 100 years do that, if they would be so inclined to The resolution (H. Con. Res. 34) was from now, when somebody stands here do it. agreed to. at Daniel Webster’s desk where I stand I have made my case. I think I have The preamble was agreed to. now, I seriously doubt that person is told the world, the Senate, and hope- Mr. THURMOND addressed the Chair. going to know what a live elephant fully many families and children out The PRESIDING OFFICER. The Sen- looks like. Unfortunately, I have to say there who may want to be coming to ator from South Carolina. that. the circus—I hope, frankly, you do not. Mr. THURMOND. Mr. President, I In some cases, some of these groups I hope you send a statement that this ask unanimous consent to speak as if like Ringling do a good deed by breed- is wrong and we ought not to do it and in morning business. ing these animals. But you do not have we ought to be somewhat considerate, The PRESIDING OFFICER. Without to use them in circus acts, which are in a very small way, by saying this is objection, it is so ordered. unnatural for these animals. That is wrong. Mr. President, at this time, regret- why these incidents happen. f We have another quote here: fully, I yield the floor without request- Physical abuse and dominance control re- ing a recorded vote. At this time, I main a major method of training elephants. yield the remainder of—I yield the RESCINDING $230 MILLIONS IN That is by John Lehnhardt, the as- floor. MILITARY CONSTRUCTION PRO- sistant curator at the National Zoo The PRESIDING OFFICER (Mr. GRAMS right here in Washington. These guys FRIST). The Senator from Louisiana. Mr. THURMOND. Mr. President, last know what they are talking about. Do Mr. BREAUX. Mr. President, I rise in month the Senate debated the Defense not take my word for it. These are peo- opposition to the amendment offered supplemental appropriations bill. Al- ple who work with these animals every by the Senator from New Hampshire. I though I supported this legislation, I day. They know what they are talking do not doubt in any way the sincerity expressed my dismay that the Appro- about. It is unnatural to make huge of the Senator from New Hampshire in priations Committee chose to fully off- beasts the size of an elephant do the his beliefs and strong feelings on this set the $1.9 billion supplemental from things we ask them to do. They are subject. I will only make two very brief the fiscal year 1995 Defense budget. In telling us that. They are warning us. points. a practical sense, that action cut the

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5071 Defense budget by almost $2.0 billion at Forces expect better from the Senate. these accounts. That may be true. But a time when the readiness levels of our These dedicated individuals, who risk that in no way means that the funds Armed Forces are teetering on the their lives daily and endure long sepa- are not necessary. edge. rations from their families, have The accounts from which the com- Since 1985, the Defense budget has de- earned our support. I am committed to mittee recommended rescinding $104 creased by 40 percent in buying power. providing that support and hope my million include the funding for envi- The 1995 Defense budget, which is being colleagues in the Senate and on the Ap- ronmental restoration at closing mili- used to fund the Administration’s ill- propriations Committee will join me in tary bases. These costs are not insig- conceived foreign ventures, has already stopping this erosion to the Defense nificant, and they represent a Federal been reduced by $40 billion below the budget. liability which must be met. 1990 budget even without the reduction Mr. President, I ask unanimous con- On Monday, March 27, the Wash- in purchasing power from inflation. sent that a letter addressed to me ington Post reported on yet another Today, with this supplemental, we add dated March 10, 1995, from John study that concluded that ‘‘the cost of insult to injury by further cutting the Deutch, Deputy Secretary of Defense, cleaning up military bases is sky- 1995 Defense budget to fund domestic be printed in the RECORD. rocketing * * *.’’ My colleague from programs. There being no objection, the mate- Alaska has often raised this problem of The committee’s amendment to H.R. rial was ordered to be printed in the the increasing cost of cleaning up clos- 1158 further reduces the already con- RECORD, as follows: ing military bases as a reason to delay strained Defense budget by over $200 THE DEPUTY SECRETARY OF DEFENSE, the BRAC process. Yet, now the com- million, including the $104 million in Washington, DC, March 30, 1995. mittee is recommending that we re- critical base closure funds, $27 million Senator STROM THURMOND, scind funds already appropriated for U.S. Senate, Chairman, Committee on Armed for projects to meet environmental re- environmental cleanup at closing mili- sponsibilities at our overseas base, and Services. DEAR MR. CHAIRMAN: I am writing to re- tary bases. I cannot understand the $69 million for NATO infrastructure quest your assistance in resisting the pro- logic of doing so. funding. posed rescission of $230 million in the fiscal These accounts from which the com- I must point out the irony here, in year 1995 Military Construction appropria- mittee recommends we rescind money the committee’s attempt to reduce tion. also include funding to pay for military The Senate proposed rescission of $104 mil- funding, it may actually be increasing construction at bases where consolida- the cost to the Department by rescind- lion for the Base Closure and Realignment Account (BRAC) impacts the Department of tions and realignments will occur be- ing the NATO funds. I am advised that cause of BRAC actions. The cost of pro- these funds have all been obligated and Defense’s ability to implement the base clo- sures as mandated by law. The Department viding this new infrastructure was this rescission may require breaking makes every effort to minimize the impact factored into the BRAC’s decision- contracts and therefore incurring addi- on communities. The ability to close as ex- making process and is important to tional costs. peditiously as possible not only saves the provide necessary support for activities Possibly the most damaging effect federal government money that we have moved to other locations. It is not rea- this supplemental will have is on base counted on, but also provides the commu- sonable to assume that adding func- closure. The recommendation to fur- nities with early opportunities for economic tions to an existing base will not re- ther cut the base closure account at a development and job creation. Our experi- quire some expenditure of funds for time when the Base Closure Commis- ence with the fiscal year 1994 rescission was buildings and support. sion is reviewing recommendations to that it severely impacted both Service and community closure efforts. All of these funds are necessary to add more bases to the closure list is, in The proposed $69 million rescission of my judgement, misguided. complete the base closure and realign- NATO funds is of significant concern. These ment process. There are specific It does not make sense to reduce funds are currently obligated and any rescis- funds critical for the closing and clean- sion would incur additional costs for con- projects and activities for which these ing up of bases—funds that are used to tract terminations of ongoing construction funds were appropriated—jobs which pay civilian severance, environmental projects. It also sends a very negative signal need to be completed so that the com- restoration, and the civilian and mili- concerning our support for the NATO Alli- munities surrounding the closing bases ance. can implement their reuse plans as tary relocation costs associated with The proposed overseas reductions of $27 closing a base. These cuts, proposed by quickly as possible. million primarily affect our ability to meet I wonder whether the committee the Appropriations Committee, will our environmental responsibilities. The not only delay the closure process, worldwide unspecified reduction of $30 mil- would consider, as a possible reason for they will negatively impact commu- lion places a burden on the Services to find the large amount of unobligated bal- nities that are desperately looking for alternative sources of funds for needed ances in these accounts, that the proc- alternative uses for these bases to projects. We already face a $137 million ess for closing bases is, without exag- speed up their economic recovery. Just unallocated reduction in the fiscal year 1995 geration, ponderous. appropriation. In my home State of Arizona, Wil- last year, Congress rescinded $507 mil- On behalf of the Department of Defense, I lion in this same account and caused request that the Senate reconsider the pro- liams Air Force Base, which was or- havoc to the closure process and our posed $230 million rescission. dered closed in 1991, has been screened communities which are still trying to JOHN DEUTCH. for Federal agency reuse at least three recover from the cuts. RESTORING RESCISSION OF BASE CLOSURE times. Homeless applications are still I have an amendment prepared to FUNDING pending at the Department of Health offer which will restore the funding for Mr. MCCAIN. Mr. President, I support and Human Services. The Air Force the base closure account. However, in the efforts of my colleague from South Base Conversion Agency and the local order not to delay this process any Carolina, Senator THURMOND, to re- communities have not yet agreed on longer, and after conferring with the store funding $104 million in funding the final details of reuse of the base. chairman of the Subcommittee on for base closure accounts, which the Here we are, nearly 4 years after the Military Construction who assured me Appropriations Committee rec- BRAC ordered the base closed, and the he would consider restoring the funds ommended for rescission. It is vitally Air Force is still paying the bill for during the joint conference on the bill, important that these funds remain maintaining the base. And more impor- I will not offer the amendment. available to pay for the necessary costs tantly, the community is still not able Mr. President, let me close by stating of closing, cleaning up, and transfer- to recover fully from the economic im- that reducing the Defense budget every ring unnecessary military bases to the pact of losing the base. time there is an unexpected defense or communities for reuse. The base closure process ought not domestic need requiring a supple- The Appropriations Committee indi- take 4 years to complete. I intend to mental is not a sustainable policy over cates in the report accompanying the introduce legislation to streamline the the long term, nor is such a policy in bill that these rescissions are being Federal screening process and to give the interest of our national security. taken because large amounts of appro- greater flexibility to recognized com- The men and women of our Armed priated funds remain unobligated in munity groups to coordinate, develop,

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5072 CONGRESSIONAL RECORD — SENATE April 3, 1995 and implement reuse plans for closing et to pay for these necessary BRAC-re- report; which was referred to the Com- bases. lated activities. mittee on Environment and Public Until the process is fixed, however, it Unfortunately, we were unable to Works: is not surprising that large amounts of come to agreement on the offsets I in- To the Congress of the United States: the base closure funding remain tended to propose. Therefore, Senator I transmit herewith the 1994 Annual unspent. Again, though, that does not THURMOND has chosen to rely on the as- Report on Alaska’s Mineral Resources, mean that the funds are not needed. surances he has received from Senator as required by section 1011 of the Alas- Eliminating these funds would only ex- BURNS concerning restoring these funds ka National Interest Lands Conserva- acerbate the difficulty of closing bases in the conference. I respectfully urge tion Act (Public Law 96–487; 16 U.S.C. and conveying the property to the sub- the conferees to identify offsetting re- 3151). This report contains pertinent sequent owners in a timely fashion. scissions in other areas to pay for the public information relating to minerals This is a painful enough process for a restoration of these funds. in Alaska gathered by the U.S. Geo- community that relied on the military Mr. President, it is imperative that logical Survey, the U.S. Bureau of base in its midst for jobs and economic we not decrease the amount of deficit Mines, and other Federal agencies. stability. Let’s not aggravate the situ- reduction in this bill. We are under- WILLIAM J. CLINTON. ation by imperiling the Services’ abil- taking the daunting task of THE WHITE HOUSE, April 3, 1995. ity to complete the process as quickly prioritizing Federal spending and re- as possible. ducing the Federal debt, working to- f Mr. President, I understand that Sen- ward a balanced Federal budget. By ator THURMOND has received assurances eliminating unnecessary and wasteful EXECUTIVE AND OTHER from the chairman of the Appropria- spending of prior year appropriated COMMUNICATIONS tions Committee Subcommittee on funds, we can begin our review of the Military Construction that the con- fiscal year 1996 budget with money in The following communications were ferees on this bill will consider restor- the bank. laid before the Senate, together with ing these funds in the conference. I ap- Therefore, the conferees on this bill accompanying papers, reports, and doc- plaud that commitment. should ensure that an offsetting reduc- uments, which were referred as indi- I must state, however, that I support tion is made for the restoration of cated: restoring these funds with one condi- these BRAC-related funds. The con- EC–690. A communication from the Assist- tion. I believe that the restoration of ference agreement should preserve at ant Legal Adviser for Treaty Affairs, Depart- these funds must not be done at the least the level of deficit reduction con- ment of State, transmitting, pursuant to law, the text of international agreements cost of increasing the Federal deficit. I tained in the Senate bill, and in my believe the $104 million in restored other than treaties, and background state- view, should move toward the greater ments; to the Committee on Foreign Rela- funding must be fully offset by rescis- deficit reduction in the House bill. As tions. sions of low priority funds. important as this funding is for BRAC EC–691. A message from the Chairman of Mr. President, I had intended to offer cleanup and implementation, I do not the Board of the African Development Foun- a second degree amendment to rescind believe it should be restored at the cost dation, transmitting, a draft of proposed leg- $104 million from the administrative of increasing the deficit. islation to authorize appropriations for the and travel accounts of the Federal Gov- Mr. THURMOND. Mr. President, I African Development Foundation; to the ernment. Committee on Foreign Relations. suggest the absence of a quorum. EC–693. A communication from the General The amendment would have provided The PRESIDING OFFICER. The a full offset for the cost of restoring Counsel of the Department of the Treasury, clerk will call the roll. transmitting, a draft of proposed legislation the BRAC-related funds in the amend- The assistant legislative clerk pro- to authorize appropriations for the United ment of Senator THURMOND. The Sen- ceeded to call the roll. States contribution to the tenth replenish- ate bill already provides $13 billion in Mr. THURMOND. Mr. President, I ment of the resources of the International total spending rescissions, but this is ask unanimous consent that the order Development Association; to the Committee $4 billion less than the House bill. We for the quorum call be rescinded. on Foreign Relations. should not further exacerbate the EC–694. A communication from the General The PRESIDING OFFICER. Without Counsel of the Department of the Treasury, shortfall in deficit reduction funds, if objection, it is so ordered. we can find an offsetting reduction. transmitting, a draft of proposed legislation f to provide for a United States contribution I believe the reduction of $104 million to the Interest Subsidy Account of the Suc- in Government administrative and MESSAGES FROM THE PRESIDENT cessor (EASF II) to the Enhanced Structural travel expenses would have been an ap- Messages from the President of the Adjustment Facility of the International propriate reduction. The Office of Man- Monetary Fund; to the Committee on For- United States were communicated to agement advised me that, in fiscal year eign Relations. 1995 alone, $107.2 billion will be spent the Senate by Mr. Thomas, one of his EC–695. A communication from the Sec- for administration and travel. The secretaries. retary of Transportation, transmitting, pur- amendment would have rescinded only f suant to law, a report relative to the Federal Highway Administration and Federal Tran- $104 million from a $107 billion ac- EXECUTIVE MESSAGES REFERRED sit Administration Buy America Waivers for count—less than one-tenth of 1 percent As in executive session the Presiding fiscal years 1992 and 1993; to the Committee of the total expenditures. Out of a on Environment and Public Works. budget of $107 billion, it seems quite Officer laid before the Senate messages EC–696. A communication from the Chair- likely that the small amount which from the President of the United man of the Council of the District of Colum- would be rescinded by this amendment States submitting sundry nominations bia, transmitting, pursuant to law, copies of will not be devastating to the oper- which were referred to the appropriate D.C. Act 11-31 enacted by the Council on ation of any government office. One- committees. March 7, 1995; to the Committee on Govern- (The nominations received today are mental Affairs. tenth of 1 percent of the administrative EC–697. A communication from the Chair- and travel budget of any Federal orga- printed at the end of the Senate pro- ceedings.) man of the Council of the District of Colum- nization should not hamper the oper- bia, transmitting, pursuant to law, copies of ations of that organization. f D.C. Act 11-32 enacted by the Council on Mr. President, the Department of De- March 7, 1995; to the Committee on Govern- fense and the communities surrounding 1994 ANNUAL REPORT ON ALAS- mental Affairs. closing bases need the funding in the KA’S NATURAL RESOURCES— EC–698. A communication from the Chair- BRAC accounts to finish a job already MESSAGE FROM THE PRESI- man of the Council of the District of Colum- underway. We should not rescind those DENT—PM 40 bia, transmitting, pursuant to law, copies of D.C. Act 11-34 enacted by the Council on funds. I believe we should rescind a The PRESIDING OFFICER laid be- March 7, 1995; to the Committee on Govern- minuscule portion—less than one-tenth fore the Senate the following message mental Affairs. of 1 percent—of the Federal Govern- from the President of the United EC–699. A communication from the Special ment’s administrative and travel budg- States, together with an accompanying Counsel of the United States, transmitting,

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5073 pursuant to law, a report relative to the fis- By Mr. LOTT: forts to be ‘‘good neighbors’’ in the Pa- cal year 1994 audit and investigative activi- S. 661. A bill to require the continued cific. The cost of this measure would be ties of the Office of Special Counsel; to the availability of $1 Federal reserve notes for nominal since transportation would be Committee on Governmental Affairs. circulation; to the Committee on Banking, on a space-available basis. EC–700. A communication from the HUD Housing, and Urban Affairs. Secretary’s designee to the Federal Housing By Mr. STEVENS (for himself and Mr. Mr. President, I urge my colleagues ∑ Finance Board, transmitting, pursuant to MURKOWSKI): to support this measure. law, a report relative to the Board’s internal S. 662. A bill to implement the interim control and financial management systems; agreement for the conservation of Yukon By Mr. LOTT: to the Committee on Governmental Affairs. River salmon stocks agreed to by the Gov- S. 661. A bill to require the continued EC–701. A communication from the Chair- ernment of the United States of America and availability of $1 Federal reserve notes man of the Thrift Depositor Protection Over- the Government of Canada on February 3, for circulation; to the Committee on sight Board, transmitting, pursuant to law, a 1995, and for other purposes; to the Com- Banking, Housing, and Urban Affairs. report relative to the Board’s audit and in- mittee on Commerce, Science, and Transpor- SAVE THE GREENBACK ACT vestigative coverage; to the Committee on tation. Governmental Affairs. Mr. LOTT. Mr. President, I am EC–702. A communication from the Direc- f pleased to introduce the following bill tor of the Office of Personnel Mangement, SUBMISSION OF CONCURRENT AND designed to preserve the status of the transmitting, a draft of proposed legislation SENATE RESOLUTIONS American $1 bill. The dollar bill—also to amend chapter 89 of title 5, United States known as the American greenback— Code, to improve administration of sanctions The following concurrent resolutions has been a staple of our currency since against unfit health care providers under the and Senate resolutions were read, and 1862, and since 1869 has carried the like- Federal Employees Health Benefits Program; referred (or acted upon), as indicated: to the Committee on Governmental Affairs. ness of the founder of our Nation: EC–703. A communication from the Comp- By Mr. THURMOND (for himself and George Washington. troller General of the United States, trans- Mr. HOLLINGS): During that entire period, we have mitting, pursuant to law, a list of GAO re- S. Res. 99. A resolution commending the never heard the American people ex- ports released in February 1995; to the Com- 125th anniversary of Allen University, and press their disagreement, or their dis- for other purposes; considered and agreed to. mittee on Governmental Affairs. pleasure, with the $1 bill. In fact, as EC–704. A communication from the Execu- f many of you are well aware, the mere tive Director of the Interstate Commission mention of any redesign of our cur- on the Potomac River Basin, transmitting, STATEMENTS ON INTRODUCED pursuant to law, the statement of the Com- BILLS AND JOINT RESOLUTIONS rency inevitably triggers an onslaught of calls from constituents. mission under the Federal Managers’ Finan- By Mr. AKAKA (for himself and cial Integrity Act for fiscal year 1994; to the In past Congresses there have been Committee on Governmental Affairs. Mr. INOUYE): misguided efforts by special interests EC–705. A communication from the Direc- S. 660. A bill to amend title 10, to replace the $1 bill with a coin. The tor of the Federal Judicial Center, transmit- United States Code, to provide for proponents of this coin make three ting, pursuant to law, the Center’s annual re- transportation by the Department of bold claims: that it will be easier to port for 1994; to the Committee on the Judi- Defense of certain children requiring handle, that it will be popular with the ciary. specialized medical services in the American people, and that it will save EC–706. A communication from the General United States; to the Committee on Counsel of the Department of Commerce, money. transmitting, pursuant to law, a draft of pro- Armed Services. Let me address each of these claims posed legislation to amend Chapter 30 of TRANSPORTATION FOR CHILDREN WITH in turn: Imagine if you will, replacing Title 35 to afford third parties an oppor- DISABILITIES ten $1 bills in your wallet with ten $1 tunity for greater participation in reexam- ∑ Mr. AKAKA. Mr. President, today I coins in your pocket. After several ination proceedings before the U.S. Patent am introducing legislation that would days, one might suspect a conspiracy and Trademark Office, and for other pur- allow the Department of Defense to by clothing manufacturers in drafting poses; to the Committee on the Judiciary. provide transportation for children the dollar coin proposal. I do not know f with disabilities seeking medical treat- anyone who prefers a pocketful of coins REPORTS OF COMMITTEES ment in the United States. I am to a wallet containing dollar bills. The following reports of committees pleased that Senator INOUYE has joined As to the coin’s so-called popularity were submitted: me in cosponsoring this measure. with the American people; there have The Shriners Hospital for Crippled been three national polls on this issue By Mr. MURKOWSKI, from the Committee Children in Honolulu currently pro- on Energy and Natural Resources, with an during the past year. In every poll, the amendment in the nature of a substitute: vides free medical treatment for dis- American people overwhelmingly re- S. 523. A bill to amend the Colorado River abled children. However, many of these jected any attempt to do away with the Basin Salinity Control Act to authorize addi- children must wait several months be- dollar bill and have expressed their dis- tional measures to carry out the control of fore funds are available for them to pleasure for replacing it with a coin. salinity upstream of Imperial Dam in a cost- travel from their homes in the Pacific The most recent poll was conducted effective manner, and for other purposes to Hawaii. As of February 28, 1995, in January, under the auspices of the (Rept. No. 104–24). Shriners Hospital had 177 Pacific rim By Mrs. KASSEBAUM, from the Com- House Budget Committee. Only 18 per- mittee on Labor and Human Resources, children with disabilities seeking med- cent of those questioned preferred a without amendment: ical treatment. dollar coin. Earlier polls have indi- S. 641. A bill to reauthorize the Ryan White The legislation I am introducing au- cated a very real concern by American CARE Act of 1990, and for other purposes thorizes the Department of Defense to people that if the coin bill becomes (Rept. No. 104–25). offer transportation, on a space avail- law, the price of items purchased from f able basis, to a disabled child seeking vending machines such as food, laun- INTRODUCTION OF BILLS AND free medical treatment. The children dry, and soft drinks will rise. They also JOINT RESOLUTIONS would come from United States terri- expect to see increases in the costs of tories, such as American Samoa and other everyday items such as parking The following bills and joint resolu- Guam, and from countries with his- meters and pay telephone calls. tions were introduced, read the first toric ties to the United States, includ- Mr. President, legislation designed to and second time by unanimous con- ing the Federated States of Micronesia, eliminate the dollar bill will be an ex- sent, and referred as indicated: the Marshall Islands, Saipan, Palau, cuse by special interests to raise prices By Mr. AKAKA (for himself and Mr. Western Samoa, and the Philippines. on everyday items. Eliminating the INOUYE): Providing transportation for disabled dollar bill and replacing it with a dol- S. 660. A bill to amend title 10, United children from these Pacific rim coun- lar coin will likely result in two States Code, to provide for transportation by the Department of Defense of certain chil- tries and territories will enhance the things: Higher prices to consumers, and dren requiring specialized medical services United States relationship with these more weight in our pocket. in the United States; to the Committee on entities. The goodwill generated by None of us really want to see a repeat Armed Services. this initiative will contribute to our ef- of the Susan B. Anthony drama in

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5074 CONGRESSIONAL RECORD — SENATE April 3, 1995 which the dollar coin was overwhelm- on a new Yukon River Panel created which will receive recommendations of ingly rejected by the public. It did not under the Yukon Agreement. the Yukon River Panel. save us a nickel when it was minted, The Yukon River Panel will include My legislation would designate the although officials said at the time that representatives from both the United State of Alaska’s Department of Fish savings would be realized. At this mo- States and Canada, and will make man- and Game as the responsible manage- ment, there are over $300 million in agement, restoration and enhancement ment entity for the United States. Susan B. Anthony coins sitting idle in suggestions to the entities responsible The Alaska Department of Fish and the U.S. Mint. Will we have to make for conserving and managing Yukon Game does most of the salmon research room in a few years time for another River salmon on both sides of the and assessment on the Yukon, and is dollar coin, because we didn’t heed the United States-Canada border. the primary manager of commercial lessons of the past? Under the bill, the United States harvests on the Yukon. It is not enough to blame the failure would have six Yukon River Panel The designation of the Alaska De- of the Susan B. Anthony dollar on its members: one appointed by the Sec- partment of Fish and Game is for the design alone. The people overwhelm- retary of State; one representing the purposes of the Yukon Agreement, and ingly rejected it as part of the currency State of Alaska; and four representa- is not meant to expand, diminish or system. The people had a choice and tives knowledgeable and experienced change Federal or State authority with they voted against it. The bill I am in- with Yukon River salmon fisheries who respect to salmon management. troducing today seeks to protect the would be appointed by the Governor of consumer from the hidden cost in- Alaska. The Yukon River Panel would be au- creases which would result from a man- At least one of the four panel mem- thorized under the bill to make rec- dated replacement of the dollar bill bers appointed by the Governor must ommendations to the Department of with a dollar coin. represent the Upper Yukon; at least Interior, Department of Commerce, De- As I travel around Mississippi, I hear one must represent the Lower Yukon; partment of State, the North Pacific people telling me that we need to re- and at least one must be an Alaska Na- Fishery Management Council, and to form welfare, slam the door on con- tive. other Federal or State entities as it victed criminals, and eliminate waste. Panel members will serve 4-year feels appropriate. I do not hear a lot of complaints that terms, and will be eligible for re- Recommendations by the Yukon we need a dollar coin to replace the appointment. River Panel under both the agreement face of George Washington in our wal- The Secretary of State and Governor and the legislation I am introducing lets. of Alaska would be authorized to des- today are advisory in nature. I encourage my colleagues to join me ignate an alternate panel member, The Yukon Agreement states that if in cosponsoring this legislation. meeting the same qualifications, for the Pacific Salmon Treaty should ter- By Mr. STEVENS (for himself each of the panel members they have minate before the termination of the authority to appoint under the bill. Yukon Agreement, the Yukon Panel and Mr. MURKOWSKI): S. 662. A bill to implement the in- The Yukon River Panel would be ex- would become the Yukon River Salmon terim agreement for the conservation empt from the Federal Advisory Com- Commission and continue under exist- of Yukon River salmon stocks agreed mittee Act, similar to the treatment of ing provisions of the treaty that apply to by the Government of the United the Pacific Salmon Commission and to the Yukon. States of America and the Government Pacific Salmon Treaty panels under The bill I am introducing allows for of Canada on February 3, 1995, and for the Pacific Salmon Treaty enabling the shift from the Yukon River Panel other purposes; to the committee on legislation—Public Law 99–5. to the Yukon River Salmon Commis- Commerce, Science, and Transpor- Panel members would be paid at the sion should the Pacific Salmon Treaty tation. GS–16 rate while on duty, which is con- terminate. sistent with the pay received by panels YUKON RIVER SALMON ACT If the Pacific Salmon Treaty fails, ∑ Mr. STEVENS. Mr. President, I am under the Pacific Salmon Treaty ena- the provisions in the bill which apply pleased to introduce legislation today bling legislation. to the Yukon River Panel would there- Decisions by the U.S. section of the that would implement the new interim after apply to the Yukon River Salmon Yukon River Panel would occur by the agreement for the conservation of Commission, and all provisions of the consensus of five of the panel members: Yukon River salmon stocks reached be- bill, such as the voting structure, the State of Alaska’s representative, tween the United States and Canada on would remain in effect. and the four at-large panel members. February 3, 1995—the Yukon Agree- The legislation would authorize The Federal member would not vote. ment. $400,000 in each of fiscal years 1996, 1997, This is similar to the voting structure The title of my bill is the ‘‘Yukon 1998, and 1999 to the Secretary of Com- of the Pacific Salmon Commission. River Salmon Act of 1995.’’ merce to make the payment necessary As with the Pacific Salmon Commis- A total of 1,875 miles long, the Yukon under the Yukon Agreement to the sion, the Federal representative would River is the fourth largest river in Yukon River Restoration and Enhance- serve as a neutral and objective party North America, and runs from head wa- ment Fund. ters deep in Canada, through the heart if disagreements arise among members of the U.S. section of the panel. This money will be used primarily for of Alaska, and into the Bering Sea. restoration and enhancement in Can- Commercial and subsistence fisher- The bill also authorizes an advisory committee, with members to be ap- ada, which helps all fishermen along men from Canada to the Alaskan the Yukon. In accordance with the shores of the Bering Sea rely on the pointed by the Governor of Alaska. This advisory committee would in- Yukon Agreement, the Yukon River salmon resources of this massive river. Panel will decide how this money is The Yukon Agreement will assure clude between 8 and 12 members knowl- spent. both Alaskans and Canadians living edgeable and experienced with regard along the Yukon River that these vital to salmon fisheries on the Yukon The bill would also authorize appro- salmon resources will be carefully River. priations to pay panel members, and to managed, restored, and enhanced in the Advisory committee members would reimburse panel members, alternate years ahead. receive no compensation for their serv- panel members, advisory committee I would like to commend the State ice, but could be reimbursed for travel members, and U.S. members of a joint Department, State of Alaska, and the expenses. technical committee for their travel many Alaskans who were instrumental Advisory committee members would expenses. in bringing about this agreement. serve 2-year terms and would be eligi- The Subcommittee on Oceans and It is great to see the positive results ble for reappointment. Fisheries has received testimony on that can occur when we work together The Yukon Agreement requires each the Yukon Agreement and relating to with our Canadian neighbors. country to designate a responsible this implementing legislation during The bill I am introducing today management entity for the harvest of our recent hearings on the Magnuson would provide for U.S. representation salmon originating in the Yukon, Act reauthorization.

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5075 It is my hope to include the Yukon tricts. At least one of the Panel members ‘‘Yukon River Salmon Commission’’ ref- River Salmon Act—which I believe to under subsection (a)(3) shall be an Alaska erenced in the Agreement, the provisions of be noncontroversial—on S. 267, the Native. this Act which apply to the Panel shall (c) ALTERNATES.—The Secretary of State thereafter apply to the Yukon River Salmon Fisheries Act of 1995, when S. 267 goes and Governor of Alaska may designate an al- Commission, and the other provisions of this to the Senate floor. ternate Panel member for each Panel mem- Act shall remain in effect. I am joined by Senator MURKOWSKI in ber they appoint under subsection (b), who SEC. 9. ADMINISTRATIVE MATTERS. introducing the Yukon River Salmon meets the same qualifications, to serve in (a) Panel members and alternate Panel Act of 1995. the absence of the Panel member. members who are not State or Federal em- I request that the bill be printed in (d) TERM LENGTH.—Panel members and al- ployees shall receive compensation at the full in the RECORD. ternate Panel members shall serve four-year daily rate of GS–16 of the General Schedule There being no objection, the bill was terms. Any individual appointed to fill a va- when engaged in the actual performance of cancy occurring before the expiration of any duties. ordered to be printed in the RECORD, as term shall be appointed for the remainder of (b) Travel and other necessary expenses follows: that term. shall be paid for all Panel members, alter- S. 662 (e) REAPPOINTMENT.—Panel members and nate Panel members, United States members Be it enacted by the Senate and House of Rep- alternate Panel members shall be eligible for of the Joint Technical Committee, and mem- resentatives of the United States of America in reappointment. bers of the Advisory Committee when en- Congress assembled, (f) DECISIONS.—Decisions by the United gaged in the actual performance of duties. (c) Except for officials of the United States SECTION 1. SHORT TITLE. States section of the Panel shall be made by Government, individuals described in sub- This Act may be cited as the ‘‘Yukon River the consensus of the Panel members ap- section (b) shall not be considered to be Fed- Salmon Act of 1995.’’ pointed under paragraphs (2) and (3) of sub- section (a). eral employees while engaged in the actual SEC. 2. PURPOSES. (g) CONSULTATION.—In carrying out their performance of duties, except for the pur- It is the purpose of this Act— functions under the Agreement, Panel mem- poses of injury compensation or tort claims (1) to implement the interim agreement for bers may consult with such other interested liability as provided in chapter 81 of title 5, the conservation of salmon stocks origi- parties as they consider appropriate. United States Code, and chapter 71 of title nating from the Yukon River in Canada SEC. 5. ADVISORY COMMITTEE. 28, United States Code. agreed to through an exchange of notes be- SEC. 10. AUTHORIZATION OF APPROPRIATIONS. tween the Government of the United States (a) APPOINTMENTS.—The Governor of Alas- ka may appoint an Advisory Committee of There are authorized to be appropriated and the Government of Canada on February from time to time such sums as may be nec- 3, 1995; not less than eight (8), but not more than twelve (12), individuals who are knowledge- essary for carrying out the purposes and pro- (2) to provide for representation by the visions of the Agreement and this Act in- United States on the Yukon River Panel es- able and experienced with regard to the salmon fisheries on the Yukon River. Mem- cluding— tablished under such agreement; and (a) necessary travel expenses of Panel bers of the Advisory Committee may attend (3) to authorize to be appropriated sums members, alternate Panel members, United all meetings of the United States section of necessary to carry out the responsibilities of States members of the Joint Technical Com- the Panel, and shall be given the opportunity the United States under such agreement. mittee, and members of the Advisory Com- to examine and be heard on any matter SEC. 3. DEFINITIONS. mittee in accordance with Federal Travel under consideration by the United States As used in this Act— Regulations and sections 4701, 5702, 5704 section of the Panel. (1) The term ‘‘Agreement’’ means the in- through 5708, and 5731 of title 5, United (b) COMPENSATION.—The members of such terim agreement for the conservation of States Code; advisory committee shall receive no com- salmon stocks originating from the Yukon (b) the United States share of the joint ex- pensation for their services. River in Canada agreed to through an ex- penses of the Panel and the Joint Technical (c) TERM LENGTH.—Any individual ap- change of notes between the Government of Committee, provided that Panel members pointed to fill a vacancy occurring before the the United States and the Government of and alternate Panel members shall not, with expiration of any term shall be appointed for Canada on February 3, 1995. respect to commitments concerning the the remainder of that term. (2) The term ‘‘Panel’’ means the Yukon United States share of the joint expenses, be (b) REAPPOINTMENT.—Advisory Committee River Panel established by the Agreement. subject to section 262(b) of title 22, United members shall be eligible for reappointment. (3) The term ‘‘Yukon River Joint Technical States Code, insofar as it limits the author- Committee’’ means the technical committee SEC. 6. EXEMPTION. ity of United States representatives to inter- established by paragraph C.2 of the Memo- The Federal Advisory Committee Act (5 national organizations with respect to such randum of Understanding concerning the Pa- U.S.C. App. 1 et seq.) shall not apply to the commitments; and cific Salmon Treaty between the Govern- Panel, the Yukon River Joint Technical (c) by the Secretary of Commerce, $400,000 ment of the United States and the Govern- Committee, or the Advisory Committee cre- in each of fiscal years 1996, 1997, 1998 and 1999 ment of Canada recorded January 28, 1985. ated under section 5 of this Act. to be contributed to the Yukon River Res- SEC. 4. PANEL. SEC. 7. AUTHORITY AND RESPONSIBILITY. toration and Enhancement Fund and used in accordance with the Agreement.∑ (a) REPRESENTATION.—The United States (a) RESPONSIBLE MANAGEMENT ENTITY.— shall be represented on the Panel by six indi- The State of Alaska Department of Fish and f Game shall be the responsible management viduals, of whom— ADDITIONAL COSPONSORS (1) one (1) shall be an official of the United entity for the United States for the purposes States Government with expertise in salmon of the Agreement. S. 198 conservation and management; (b) EFFECT OF DESIGNATION.—The designa- At the request of Mr. CHAFEE, the (2) one (1) shall be an official of the State tion under subsection (a) shall not be consid- name of the Senator from California ered to expand, diminish or change the man- of Alaska with expertise in salmon conserva- [Mrs. BOXER] was added as a cosponsor agement authority of the State of Alaska or tion and management; and of S. 198, a bill to amend title XVIII of (3) four (4) shall be knowledgeable and ex- the Federal government with respect to fish- perienced with regard to the salmon fisheries ery resources. the Social Security Act to permit on the Yukon River. (c) RECOMMENDATIONS OF PANEL.—In addi- Medicare select policies to be offered in (b) APPOINTMENTS.—Panel members shall tion to recommendations made by the Panel all States, and for other purposes. be appointed as follows: to the responsible management entities in S. 243 (1) The Panel member described in sub- accordance with the Agreement, the Panel At the request of Mr. ROTH, his name section (a)(1) shall be appointed by the Sec- may make recommendations concerning the was withdrawn as a cosponsor of S. 243, conservation and management of salmon retary of State. a bill to provide greater access to civil (2) The Panel member described in sub- originating in the Yukon River to the De- section (a)(2) shall be appointed by the Gov- partment of Interior, Department of Com- justice by reducing costs and delay, ernor of Alaska. merce, Department of State, North Pacific and for other purposes. (3) The Panel members described in sub- Fishery Management Council, and other Fed- S. 256 section (a)(3) shall be appointed by the Gov- eral or State entities as appropriate. Rec- At the request of Mr. DOLE, the name ernor of Alaska, who shall consider nomina- ommendations by the Panel shall be advi- of the Senator from New Hampshire sory in nature. tions provided by organizations with exper- [Mr. SMITH] was added as a cosponsor tise in Yukon River salmon fisheries. The SEC. 8. CONTINUATION OF AGREEMENT. of S. 256, a bill to amend title 10, Governor of Alaska shall appoint at least In the event that the Treaty between Can- United States Code, to establish proce- one member under subsection (a)(3) who is ada and the United States of America con- qualified to represent the interests of Lower cerning Pacific Salmon, signed at Ottawa, dures for determining the status of cer- Yukon River fishing districts, and at least January 28, 1985, terminates prior to the ter- tain missing members of the Armed one member who is qualified to represent the mination of the Agreement, and the func- Forces and certain civilians, and for interests of Upper Yukon River fishing dis- tions of the Panel are assumed by the other purposes.

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5076 CONGRESSIONAL RECORD — SENATE April 3, 1995 S. 258 565, a bill to regulate interstate com- Whereas Allen University has produced At the request of Mr. PRYOR, the merce by providing for a uniform prod- local and national leaders who have served name of the Senator from South Caro- uct liability law, and for other pur- communities and the United States in an ex- emplary way; lina [Mr. HOLLINGS] was added as a co- poses. Whereas the late Bishop John Mifflin sponsor of S. 258, a bill to amend the S. 581 Brown and the people of the Columbia Con- Internal Revenue Code of 1986 to pro- At the request of Mr. FAIRCLOTH, the ference of the African Methodist Episcopal vide additional safeguards to protect names of the Senator from North Caro- Church had the vision to establish a school taxpayer rights. lina [Mr. HELMS] and the Senator from for the education of newly freed slaves in S. 303 Wyoming [Mr. THOMAS] were added as 1870 in Cokesbury, South Carolina, naming the school for the predecessor to Bishop At the request of Mr. LIEBERMAN, the cosponsors of S. 581, a bill to amend the Brown, Bishop Daniel Alexander Payne, and name of the Senator from Tennessee National Labor Relations Act and the appointing Professor J.W. Morris as presi- [Mr. FRIST] was added as a cosponsor of Railway Labor Act to repeal those pro- dent; S. 303, a bill to establish rules gov- visions of Federal law that require em- Whereas Bishop William F. Dickerson led a erning product liability actions against ployees to pay union dues or fees as a successful effort to relocate the school to Co- raw materials and bulk component sup- condition of employment, and for other lumbia, South Carolina, and rename the pliers to medical device manufacturers, purposes. school in 1880 for Bishop Richard Allen, the founder of the African Methodist Episcopal and for other purposes. S. 603 Church, while the Reverend James C. Waters S. 324 At the request of Mr. FAIRCLOTH, the assumed the presidency; At the request of Mr. ROTH, his name names of the Senator from North Caro- Whereas the University has a long tradi- was added as a cosponsor of S. 324, a lina [Mr. HELMS] and the Senator from tion of producing clergy and lay leadership bill to amend the Fair Labor Standards Wyoming [Mr. THOMAS] were added as for the African Methodist Episcopal Church; Act of 1938 to exclude from the defini- cosponsors of S. 603, a bill to nullify an Whereas the University has produced nu- tion of employee firefighters and res- executive order that prohibits Federal merous scholars, attorneys, physicians, cue squad workers who perform volun- contracts with companies that hire teachers, and business and governmental permanent replacements for striking leaders, and other professionals who have teer services and to prevent employers risen to positions of notoriety in the Afri- from requiring employees who are fire- employees, and for other purposes. can-American community as a whole; fighters or rescue squad workers to S. 641 Whereas Doctor Margaret Dixon is an ex- perform volunteer services, and to At the request of Mrs. KASSEBAUM, emplary Allen University Alumnae who has allow an employer not to pay overtime the names of the Senator from recently been elected president of the Amer- compensation to a firefighter or rescue Vermont [Mr. LEAHY], the Senator ican Association of Retired People; Whereas the University has endured all the squad worker who performs volunteer from Kentucky [Mr. FORD], the Senator services for the employer, and for other difficulties familiar to historically black col- from New Mexico [Mr. BINGAMAN], the leges and universities; purposes. Senator from Wisconsin [Mr. KOHL], Whereas the University, with an historic S. 391 the Senator from Louisiana [Mr. campus, is an accredited member institution At the request of Mr. CRAIG, the BREAUX], the Senator from Michigan of the Southern Association of Colleges and name of the Senator from Mississippi [Mr. LEVIN], and the Senator from Ha- Schools; [Mr. LOTT] was added as a cosponsor of waii [Mr. AKAKA] were added as cospon- Whereas the University, under the present S. 391, a bill to authorize and direct the sors of S. 641, a bill to reauthorize the leadership of Bishop John Hurst Adams and Ryan White CARE Act of 1990, and for President David T. Shannon, is equipped to Secretaries of the Interior and Agri- serve non-traditional students and others culture to undertake activities to halt other purposes. who would otherwise not have the oppor- and reverse the decline in forest health SENATE JOINT RESOLUTION 31 tunity for a college education, as well as re- on Federal lands, and for other pur- At the request of Mr. HATCH, the maining faithful to the traditional goals of poses. names of the Senator from Colorado the University of clergy and leadership edu- cation; and S. 434 [Mr. BROWN], the Senator from Ten- nessee [Mr. FRIST], and the Senator Whereas the University still strives to live At the request of Mr. KOHL, the name up to the motto of the University, which is from Louisiana [Mr. JOHNSTON] were of the Senator from Alabama [Mr. HEF- ‘‘Heads to Think, Hands to Work, and Hearts LIN] was added as a cosponsor of S. 434, added as cosponsors of Senate Joint to Love’’: Now, therefore, be it a bill to amend the Internal Revenue Resolution 31, a joint resolution pro- Resolved, That Congress— Code of 1986 to increase the deduct- posing an amendment to the Constitu- (1) commends Allen University for 125 ibility of business meal expenses for in- tion of the United States to grant Con- years of progress, commitment, and dedica- dividuals who are subject to Federal gress and the States the power to pro- tion in the shaping of productive lives; and limitations on hours of service. hibit the physical desecration of the (2) extends best wishes to Allen University flag of the United States. and hopes the University will have a produc- S. 495 tive future that continues the accomplish- At the request of Mrs. KASSEBAUM, SENATE CONCURRENT RESOLUTION 9 ments of the past. At the request of Mr. MURKOWSKI, the the name of the Senator from Okla- f homa [Mr. INHOFE] was added as a co- name of the Senator from South Da- AMENDMENTS SUBMITTED sponsor of S. 495, a bill to amend the kota [Mr. DASCHLE] was added as a co- Higher Education Act of 1965 to sta- sponsor of Senate Concurrent Resolu- bilize the student loan programs, im- tion 9, a concurrent resolution express- ing the sense of the Congress regarding EMERGENCY SUPPLEMENTAL AP- prove congressional oversight, and for PROPRIATIONS AND RESCIS- other purposes. a private visit by President Lee Teng- hui of the Republic of China on Taiwan SIONS ACT S. 524 to the United States. At the request of Mr. WELLSTONE, the names of the Senator from California f WELLSTONE AMENDMENT NO. 447 [Mrs. BOXER] and the Senator from Illi- SENATE RESOLUTION 99—COM- (Ordered to lie on table.) nois [Mr. SIMON] were added as cospon- MENDING THE 125TH ANNIVER- Mr. WELLSTONE submitted an sors of S. 524, a bill to prohibit insurers SARY OF ALLEN UNIVERSITY amendment intended to be proposed by from denying health insurance cov- Mr. THURMOND (for himself and Mr. him to amendment No. 420 proposed by erage, benefits, or varying premiums HOLLINGS) submitted the following res- Mr. HATFIELD to the bill (H.R. 1158) based on the status of an individual as olution; which was considered and making emergency supplemental ap- a victim of domestic violence and for agreed to: propriations for additional disaster as- other purposes. S. RES. 99 sistance and making rescission for the S. 565 Whereas Allen University in Columbia, fiscal year ending September 30, 1995, At the request of Mr. PRESSLER, the South Carolina, is in the midst of a year- and for other purposes; as follows: name of the Senator from Florida [Mr. long celebration of the 125th anniversary of On page 29, line 16, strike ‘‘$2,185,935,000’’ MACK] was added as a cosponsor of S. the University; and insert ‘‘$2,191,435,000’’.

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5077 On page 55, line 4, strike ‘‘$4,800,000,000’’ The PRESIDING OFFICER. Without reaucracy are not often given to flights and insert ‘‘$4,794,500,000’’. objection, it is so ordered. of independence of thought or opinion. SUBCOMMITTEE ON TAXATION AND IRS While he certainly seemed genuine and KENNEDY AMENDMENT NO. 448 OVERSIGHT straight-forward, I could not shake the (Ordered to lie on the table.) Mr. PACKWOOD. Mr. President, I ask feeling that his statements were sim- Mr. KENNEDY submitted an amend- unanimous consent that the Sub- ply a glossy version of what we have ment intended to be proposed by him committee on Taxation and IRS Over- been hearing from Beijing on this topic to amendment No. 420 proposed by Mr. sight of the Finance Committee be per- for some time. He spoke at length HATFIELD to the bill, H.R. 1158, supra, mitted to meet Monday, April 3, 1995, about how Hong Kong’s present status as follows: beginning at 9:30 a.m. in room SD–215, would be protected, but said nothing At the appropriate place in the amdt, in- to conduct a hearing on the research substantive about the mechanics of sert the following; and experimentation [R&E] tax credit. that protection. As a writer for the SEC. . SENSE OF THE SENATE REGARDING TAX The PRESIDING OFFICER. Without Nanhua Zaobao, South China Morning AVOIDANCE. objection, it is so ordered. Post, so accurately put it: (a) IN GENERAL.—It is the sense of the Sen- f [D]espite having an excellent ambassador ate that Congress should act as quickly as in the eloquent English-speaking Mr. Lu, and possible to amend the Internal Revenue Code ADDITIONAL STATEMENTS in spite of the articulate back-up of sharp of 1986, to eliminate the ability of persons to minds like those of Rita Fan and Simon Lee, avoid taxes by relinquishing their United the fact remained that they had—to Amer- States citizenship. ANNOUNCEMENT OF POSITION ON ican earns at least—very little to say. The (b) EFFECTIVE DATE.—It is the sense of the CERTAIN VOTES style was good, but the U.S. needs a lot more Senate that the amendment referred to in ∑ Mr. FAIRCLOTH. Mr. President, on meat in its sandwiches. subsection (a) should take effect as if en- Moreover, while painting a picture of acted on February 6, 1995. March 30, 1995, I was necessarily absent from rollcall votes. If I were present on a bright fairy-tale scene full of sun- f that day, I would have voted as follows: shine and singing birds, Mr. Lu ne- BARNUM & BAILEY CIRCUS ‘‘Yea’’ on rollcall vote No. 121 to lay on glected to peer at the troll under the COMMEMORATION the table the amendment of the Sen- bridge: The increasing threats made to ator from Washington [Mrs. MURRAY]; the rule of law in Hong Kong. In 1984, ‘‘nay’’ on rollcall vote No. 122 to lay on the People’s Republic of China and SMITH AMENDMENT NO. 449 the table amendment No. 435 of the Great Britain finalized a document Mr. SMITH proposed an amendment Senator from Nebraska [Mr. KERREY]; known as the Joint Declaration. The to the concurrent resolution (H. Con. ‘‘yea’’ on rollcall vote No. 123 to lay on declaration set forth PRC guarantees Res. 34) concurrent resolution author- the table amendment No. 436 of the for Hong Kong’s continued autonomy izing the use of the Capitol Grounds for Senator from California [Mrs. BOXER]; after 1997, an elected local legislature, the Ringling Bros., and Barnum & Bai- ‘‘yea’’ on rollcall vote No. 124 on and the continuation of its common- ley Circus anniversary commemora- amendment No. 437 of the Senator from law legal system. Unfortunately, since tion; as follows: Alabama [Mr. SHELBY]; and ‘‘yea’’ on that time Beijing has acted in such a way so as to call its commitment to On page 2, strike lines 9 through 13, and in- rollcall vote No. 125 to lay on the table sert the following: ‘‘performers, on the Cap- amendment No. 438 of the Senator from these basic principles into question. In itol Grounds, on April 3, 1995, or on such Nevada [Mr. REID].∑ 1990, the National People’s Congress other date as the Speaker of the House of f enacted what is known as the Basic Representatives and President pro tempore Law, the statutes that will govern of the Senate may jointly designate. HONG KONG Hong Kong after 1997. In contravention SEC. 2. CONDITIONS. ∑ Mr. THOMAS. Mr. President, the of the Joint Declaration, it—inter No elephants shall be allowed on the Cap- week before last I had the pleasure of alia—subordinates the colony’s legisla- itol Grounds for the purpose of this event.’’. cohosting a breakfast with Congress- tive council to an executive appointed f man GILMAN for Lu Ping. Mr. Lu is the by Beijing, and assigns a power of judi- head of the People’s Republic of Chi- cial interpretation not to the local NOTICE OF HEARING na’s Office of Hong Kong and Macau Af- courts but to the Standing Committee COMMITTEE ON INDIAN AFFAIRS fairs, as well as a body known as the of the People’s Congress. In 1993, a sen- Mr. MCCAIN. Mr. President, I would Preliminary Working Committee. In ior official of the PRC’s judicial branch like to announce that the Senate Com- other words, he is the Chinese official intimated that the People’s Republic of mittee on Indian Affairs will be holding in charge of overseeing the transition China will replace Hong Kong’s com- an oversight hearing on Wednesday, of Hong Kong from a dependent terri- mon-law system with one more closely April 5, 1995, beginning at 9:30 a.m., in tory of the United Kingdom to a spe- resembling China’s where the civil law room 485 of the Russell Senate Office cial administrative region under the is merely an extension of the party. Building on providing direct funding jurisdiction of the People’s Republic of Finally, and most ominously in my through block grants to tribes to ad- China in the summer of 1997. opinion, the People’s Republic of China minister welfare and other social serv- Mr. Lu and his group were, in effect, has called into doubt its commitment ice programs. on a public relations tour of the United to establish a Court of Final Appeal in Those wishing additional information States to convince policymakers here— Hong Kong. Presently, final judicial de- should contact the Committee on In- as well as an audience back home—that cisions are appealable to the Privy dian Affairs at 224–2251. Hong Kong will continue to thrive as a Council in London. Of course, that can- f bastion of capitalism after 1997. Mr. Lu not continue to be the case after rever- did his job well. He spoke eloquently sion, and one of the principle concerns AUTHORITY FOR COMMITTEES TO and reassuringly, painting a rosy pic- of the residents of the colony is that, MEET ture for the colony’s future without after 1997, local legal decisions con- SUBCOMMITTEE ON CONSUMER AFFAIRS, sounding phony or unrealistic. While I tinue to be appealable to a court with FOREIGN COMMERCE AND TOURISM greatly appreciated the opportunity to interests not inimicable to the com- Mr. PACKWOOD. Mr. President, I ask meet with Mr. Lu and hear his views, I mon law and judicial independence unanimous consent that the Sub- have a concern with his pronounce- from extralegal influences. Without a committee on Consumer Affairs, For- ments which I would like to share with local final appeals court, they worry— eign Commerce and Tourism of the my colleagues. rightly in my opinion—that the final Committee on Commerce, Science, and Despite his polished presentation it arbiter of the law in Hong Kong will be Transportation be authorized to meet seemed to me that his views diverged a party cadre in Beijing. So, the Joint Monday, April 3, 1995, at 9:30 a.m. on S. little, if at all, from the official party Declaration provided for the establish- 565, the Product Liability Fairness Act line. Certainly, this was not entirely ment of a Court of Final Appeal [CFR]. of 1995. unexpected. Members of the PRC bu- Since that time, however, there has

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5078 CONGRESSIONAL RECORD — SENATE April 3, 1995 been increased wrangling between Bei- is retiring today after 30 years of serv- all, or part of, his or her working years jing and London, and Hong Kong, over ice. I rise to honor Carol C. Fitzgerald. in that State. This unjust tax is, in the form of the court; and, for a vari- Ms. Fitzgerald’s career culminated in many cases, automatically deducted ety of reasons I will not expound upon 1994, her final year of service, with the from the retiree’s pension benefit every here, the future of the CFR is much in receipt of the prestigious Angie Award month. question. While it is probably not fair from the Federal Court Clerks’ Asso- Retirees are outraged because their to lay 100 percent of the blame for the ciation. The Angie Award honors those taxes are going to pay for services of imbroglio over the CFA on China, that individuals who consistently display which they cannot take advantage. country, I believe, bears a lion’s share. unrelenting commitment to improving They are not able to partake in the Mr. President, the continuation of the administration of justice, fearless senior services, medical services, trans- the rule of law in Hong Kong after 1997 pursuit of causes and goals regardless portation facilities, or public parks in is synonymous with its ability to re- of their popularity, and unblemished States where they no longer reside. main a thriving center of finance and integrity. Ms. Fitzgerald demonstrated They do not vote in those States and democracy at the doorstep of the Com- all of those characteristics throughout cannot influence how their tax dollars munist behemoth to the north. The her 30 years of service. are being spent. They are, however, rule of law ensures that business can be She joined the clerk’s office in the forced to pay taxes to support these conducted in a fair and secure way, District of Nevada on March 15, 1965, services so that others may benefit that contracts are binding, and that and was appointed clerk of the court on from them. The seniors in my State there is a predictable and impartial April 1, 1976 by the Honorable Roger D. characterize this practice as taxation means of settling disputes and appeals. Foley. Under Ms. Fitzgerald’s capable without representation. I agree. Just what kind of problems the absence leadership, the clerk’s office grew from of the rule of law creates in China is less than 10 employees to well over 50. The source tax is not only taxation easily illustrated. McDonald’s had a The number of case filings for the dis- without representation, but also a fur- contract with the Peoples Republic of trict of Nevada has reached the third ther drain on the already limited and China for a restaurant on Tiananmen highest in the Nation. fixed incomes of our senior citizens. Square. It operated there for several Carol has consistently been active in Seniors, dependent upon fixed incomes years, until the Chinese Government Nevada’s judicial community. She to pay their bills and buy their gro- decided that it wanted to give the served 4 years as a member of the dis- ceries, are shocked when they learn choice location to someone else. Con- trict clerk’s liaison committee to the that they may not have enough to get sequently, despite contractual provi- ninth circuit judicial conference, was a by because of the taxation policies of sions to the contrary, the Chinese member of the gender bias sub- other States. kicked McDonald’s out of their loca- committee, and was chair of the liaison Many senior citizens have written to tion. Another company, Revpower, committee. She was a member of the me about this burdensome practice. Ltd., entered into a contract with the ninth circuit automation and tech- Seniors throughout the State of Wash- Government-owned Shanghai Far-East nology committee, the ninth circuit ington have expressed their outrage Aero-Technology Import and Export task force on court reporting, and the and frustration at being taxed by other Corp. After a dispute between the two chair of the subcommittee on court re- States. And, as I travel around the was settled by arbitration, an arbitral porter/recorder management. Ms. Fitz- State listening to the concerns of the award in the amount of $6.6 million gerald was also president of the Fed- citizens, this issue is continually was made against the Shanghai firm. eral Court Clerks’ Association. brought to my attention. As a practicing trial attorney, I first Despite its contractual promise, how- We need to correct this practice now. hand witnessed the tireless efforts of ever, the Chinese firm refused to abide That is why I cosponsored S. 44, the Carol Fitzgerald to serve the interests by the results of the arbitration. Source Tax Elimination Act. I encour- of the public, the bar, and the judici- Revpower subsequently sought the as- age my colleagues to help me pass this ary. Her efforts culminated in a rela- sistance of the Shanghai Intermediate bill and restore tax fairness to our re- tionship of efficiency and trust by all People’s Court in enforcing the award, tirees.∑ but the court has failed to act or even three. As a member of the House of acknowledge the existence of the suit. Representatives and the United States f One can see why the absence of the rule Senate, I also witnessed Carol’s advo- of law would make businesses skittish. cacy of the Federal court in the federal Mr. President, I come to the floor bureaucracy. Her endeavors on the ANNOUNCEMENT OF POSITION ON today as the chairman of the Senate court’s behalf bore fruit in the out- CERTAIN VOTES Subcommittee on East Asian and Pa- standing link now found between the ∑ Mr. BAUCUS. Mr. President, I regret cific Affairs to let the people of Hong Nevada Federal judiciary and the Ne- being absent for several votes on Kong—as well as the government in vada congressional delegation. Thursday, March 30, 1995. However, I Beijing—know that the United States So, as this fine woman moves from felt an obligation to be home in order take great interest in the future of the court to another sphere of commu- to take part in the Base Realignment Hong Kong. We will be keenly watching nity involvement, I congratulate and and Closure Commission hearing and to be sure that the parties live up to applaud her good works and friend- site tour of Malmstrom Air Force Base. the letter and spirit of the Joint Dec- ship.∑ These events will help determine laration, especially any developments f Malmstrom’s future: and I firmly be- regarding the CFR and the rule of law. ABOLISH THE SOURCE TAX lieve that Malmstrom plays a crucial The People Republic of China should role in our national defense and the know that we will use how it treats ∑ Mr. GORTON. Mr. President, today I community of Great Falls, MT. Hong Kong as a strong indicator on speak in support of an important piece how it will be expected to act in other of legislation designated to eliminate Yet I want to briefly express my sup- areas such as the WTO or similar body, an unfair practice affecting thousands port for two amendments, one offered for example. If the PRC fails in the of senior citizens in my home State of by Senator KERREY of Nebraska and former, then I will be hard-pressed to Washington. It is S. 44, introduced by the other offered by Senator SHELBY, support its accession to the latter. The my distinguished colleagues from Ne- that would have curbed wasteful spend- world is watching, Mr. President; let us vada, Senators REID and BRYAN, to ing on Federal courthouses. This is a hope that we will like what we see.∑ abolish the so-called source tax. problem I helped bring to light last f As it stands today, retirees living year during an investigation I con- anywhere in the country may find that ducted as chairman of the Environ- TRIBUTE TO CAROL FITZGERALD their retirement pensions are taxed by ment and Public Works Committee. I ∑ Mr. REID. Mr. President, I rise today a State in which they no longer reside. am pleased that the Senate is now on to pay tribute to an outstanding mem- A State may tax a nonresident’s pen- record as saying we must get wasteful ber of the Nevada judicial system who sion simply because the person spent courthouse spending under control.∑

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5079 CONGRATULATING JIM NICHOLSON the American Heart Association, the wellhead price is figured at a price less AND PVS CHEMICALS, INC., ON American Lung Association, and sev- transportation. Thus, the lower the 50TH ANNIVERSARY eral other charitable causes. transportation cost, the more money ∑ Mr. ABRAHAM. Mr. President, I rise Mr. President, this Nation needs Alaska will receive. If the oil can be to congratulate PVS Chemicals, based more companies like PVS, which take transported to Korea, as it can without in Detroit, MI, on the occasion of its seriously their obligations to the com- the restriction, cheaper than it can be 50th anniversary. Jim Nicholson, presi- munities in which they work and live. transported to the United States, ex- dent and chief executive officer of PVS, I congratulate PVS on 50 years of re- ports will generate more revenue for and son of founder Floyd A. ‘‘Nick’’ sponsible, successful work, and wish Alaska. My primary concern is that, while Nicholson, has a great deal of which he them many more.∑ lifting the export restriction will en- should be proud. Since he came to head f hance Alaska’s oil-rich economy, this PVS in 1979 Jim has diversified its TRIBUTE TO GEORGE D. DALTON comes at the expense of thousands of products and services and expanded ∑ lost American jobs and a weakened do- into the international marketplace Mr. KOHL. Mr. President, I rise be- mestic tanker fleet, all with particular while maintaining the company’s com- fore you today to pay tribute to the impact in my home State. mitment to safety, qual- distinguished winner of the Wisconsin Business Leader of the Year Award for Passage of the 1973 export restriction ity,environmental responsibility, cus- on Alaskan North Slope oil ensured tomer service, and employee and com- 1994. George D. Dalton, chairman and chief executive officer of Fiserv, Inc., that U.S. repaired vessels would be car- munity support. rying U.S. crude oil. In 1976, realizing Founded in 1945 in Detroit as Pres- has been selected to receive this pres- tigious award which is presented annu- the increase in the demand for large re- sure Vessel Service, Inc., PVS has pair facilities, citizens of Portland in- grown and expanded dramatically. ally by the Harvard Business School Club of Wisconsin and the Milwaukee vested $84 million in a shipyard expan- Today it manufactures inorganic sion program to handle the repair Journal Sentinel newspaper. chemicals for industry, and also for needs for the Alaskan north Slope very George, a cofounder of Fiserv, Inc., municipal water treatment. With re- large crude carriers. Today, 60 percent has played an integral role in making ported sales of $121.7 million in 1994, of Portland’s current ship repair work this company one of the largest data PVS also expedites recycling of se- comes from these tankers. The 1973 re- processing firms for financial institu- lected chemical wastes and operates a striction reassured Portland that there licensed waste treatment facility in tions in the United States. Fiserv, Inc., was a market out there for ship- Detroit. now serves more than 5,000 financial in- building repair, and Portlanders took a In addition to its commitment to the stitutions and has operations in 62 cit- big risk in providing this market. Responsible Care Program of the ies world wide. In the last decade, Today, between 500 to 800 family wage Chemical Manufacturers Association Fiserv, Inc., has grown from fewer than jobs in Portland have been directly and to the Responsible Distribution 300 employees with revenues of $24 mil- supported by the repair needs of these Program of the National Association of lion to 6,700 employees with year-end large crude oil tankers, on top of an- Chemical Distributors, PVS maintains 1994 revenues of $563 million. other 1,000 jobs that are indirectly con- an active concern with improving the I am proud of the contributions nected to the port’s tanker repair ac- quality of life in the communities in George has made to Wisconsin and the tivities. which its plants are located. Each PVS Nation and am pleased to have their S. 395 does have a provision which location chooses a direction for its own opportunity to congratulate him on makes it mandatory that any tanker community outreach activities. Edu- winning this award.∑ used to export Alaskan oil would be cational support has been a major f U.S. owned and operated. And accord- focus, including scholarships, intern ing to U.S. maritime law, any U.S. opportunities, mentoring, tutoring, ca- EXPORTATION OF ALASKAN NORTH SLOPE CRUDE OIL flagged vessel seeking repairs overseas reer day participation, equipment and would be assessed an ad valorem pen- ∑ materials donations, and significant Mr. PACKWOOD. Mr. President, I alty of 50 percent of the repair cost. contributions at the college level. Site would like to express my deep concern While this sounds as though U.S. ships adjacent cleanup activities also are a about S. 395, and other similar legisla- would have a disincentive to seek over- common PVS contribution to the com- tion which would permit the expor- seas repairs, this simply will not hap- munity. River cleanups, trash pickup, tation of Alaskan North Slope crude pen. Not only are loopholes available and even adoption of park areas and oil. Lifting the ban would cause severe where virtually any tanker can seek an vacant blocks characterize these ef- economic strain in Oregon and Wash- exemption from the 50 percent assess- forts to spruce up PVS neighborhoods. ington, and could raise the Nation’s ment penalty, but because the U.S. And PVS plans to extend and integrate gas prices as well as jeopardize na- ship repair industry is faced with strict all of these activities to better help tional security. labor laws, environmental compliance their communities. In 1973, Congress passed legislation laws, minimum wage standards, and PVS’ public spirit clearly stems from authorizing construction of the Trans- labor union demands, it is still more the vision of its president and CEO, Alaska Pipeline System. As part of the cost effective, even with the penalty, Jim Nicholson. Jim took over PVS in agreement, we required that none of to seek repairs overseas in markets 1979 after serving a stint overseas with the Alaska North Slope crude be ex- where no strict compliances exist. In the First National Bank of Chicago and ported unless the President and Con- addition, according to the new ship- serving in PVS as a vice president and gress found that it was in the national building agreement being prepared by later treasurer. He is an active member interest to do so. In imposing this re- the Organization of Economic Coopera- of his community, having served as striction, we made sure that no indi- tion and Development, we may even vice chairman for economic develop- vidual oil company would decide that lose the right to assess an ad valorem ment for Mayor Archer’s transition their interest in profit was more im- 50 percent penalty. Nevertheless, with committee, on various boards of direc- portant than the national interest to or without penalty, S. 395 serves to in- tors and on the Advisory Board of preserve our economy and our national crease the incentive to repair ships in United Way for Southeastern Michi- security. foreign yards by making it possible for gan, the Detroit Institute of Arts Congress is being asked, by the spon- ships to take revenue-producing car- Founders Society Corporate Relations sors of S. 395, to lift the restriction. goes of Alaskan North Slope oil to the Committee, and the dean’s board of ad- Mr. President, I understand the poten- Far East prior to undergoing repair. visors for the Wayne State University tial for significant economic benefits This incentive to seek repairs overseas School of Business Administration. He for both Alaska, and the oil industry, if will not only cause serious environ- also is actively involved with the this ban were lifted. The economics are mental risks, but will virtually destroy Michigan Chapter of the Nature Con- simple to follow. Alaska receives the ship repair industry in Portland, as servancy and the United Negro College money from oil produced in the State well as the rest of the entire west Fund and has served on committees for based upon the wellhead price. The coast. As many as 10,000 maritime and

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5080 CONGRESSIONAL RECORD — SENATE April 3, 1995 shipyard jobs could be lost. Let me be Currently, she is on the board of Volunteerism is a key to the great crystal clear, there is no true disincen- trustees of the San Francisco Ballet, success of this program. Most of the tive to seek repairs in foreign ports by the Cate School, the Nevada Museum hobby shop’s funding comes from dona- U.S. tankers. As a result, we will wit- of Art, and she is the executive direc- tions from individuals, corporations, ness the demise of the U.S. tanker re- tor of the Wiegand Foundation, a pri- and churches—and Glenn and Tara pair industry in Oregon. vate charitable trust. Indeed, she has McLain have not only won the support Furthermore, lifting the restriction lent her talent and energy to many of children in the Lindsley Avenue could increase our vulnerability to out- causes in philanthropy, higher edu- neighborhood, but they have attracted side influence on U.S. foreign policy. cation, and the arts. the support of more than 75 university Our Nation may become more exposed Kristen and Skip Avansino have been students and adults who volunteer reg- to foreign pressures, particularly from good friends for many years. They have ularly to help the kids improve their the volatile Middle Eastern nations. given unselfishly to civic and commu- reading skills. At the beginning and This poses a great danger to our ability nity causes and have always been will- end of each school year, the children’s to successfully maintain our independ- ing to give help when help was needed. reading skills are tested to measure ence in global politics. I am glad to share with the rest of their progress. Mr. President, in conclusion, there is the country what we in Nevada have Glenn and Tara McLain have dedi- no doubt that lifting this export re- known for a long time, and to con- cated their lives to helping inner-city striction will hurt the American mer- gratulate the Avansino’s for a lifetime children, and for that, Mr. President, I chant fleet. It is going to hurt the ship of dedication and concern for their fel- want to thank them. The success of repair yards on the west coast, it is low citizens.∑ their hard work and dedication is im- going to raise the cost of crude oil to f measurable and their impact on the the United States, it is going to threat- city of Nashville is invaluable.∑ en our national security, and it is TRIBUTE TO NASHVILLE’S YOUTH going to cost thousands and thousands HOBBY SHOP f of American jobs, particularly in Or- ∑ Mr. FRIST. Mr. President, I com- egon. I do not find this to be in the na- mend the work of two Nashvillians BURUNDI: ON THE BRINK OF tional interest, and I am confident that whose efforts to help inner-city chil- DISASTER my colleagues will concur.∑ dren have often gone unrecognized— f Glenn and Tara McLain. As directors ∑ Mr. FEINGOLD. Mr. President, the Central African nation of Burundi is TRIBUTE TO KRISTEN AND SKIP for the Lindsley location of Nashville’s once again on the brink of disaster. Ex- AVANSINO Youth Hobby Shop, Glenn and Tara McLain have worked to provide a posi- actly 1 year after the world witnessed a ∑ Mr. REID. Mr. President, on Tues- 1 tive role model and change the lives of genocide in Rwanda, and 1 ⁄2 years after day, April 11, Kristen and Raymond inner-city youth, one by one. ethnic violence between Hutus and ‘‘Skip’’ Avansino will be honored by In an area where violence and pov- Tutsis killed more than 100,000 people the American Jewish Committee’s In- erty prevent children from achieving in Burundi, we are watching a similar stitute of Human Relations for their ef- their dreams, the McLains have tu- catastrophe unfold before our eyes forts to protect the religious, political, tored more than 100 children each week again. We must do what we can to try and economic rights of all Americans. in the Youth Hobby Shop and have to deter another bloodbath. It is with pleasure that I take this worked to keep the kids off of drugs. In After months of a tense calm in Bu- occasion to recognize and commend addition, they serve as counselors and rundi, political violence began esca- them for their many years of service to friends for many of the children and lating in the last several weeks as ex- the people of Nevada and throughout teenagers who participate in the many tremist Tutsi militia, with the com- the country. plicity of the Tutsi-dominated military Skip Avansino has had a long and re- activities at the Lindsley hobby shop establishment, stepped up attacks markable career, and is a role model location. As a result, many of these against Hutus, and Hutu extremists for all young people who wish to suc- people involved in Youth Hobby Shop ceed in public and private life. After stay in school, enter college, or join prepared for military activity. The vio- graduating from the University of Ne- the work force. Mr. President, this pro- lence directly threatens the power- vada, Reno, Skip earned a degree in gram is changing the lives of our young sharing agreement negotiated in Sep- law from the University of San Fran- Americans, and in turn, is helping to tember 1993, and disrupts what we all cisco and a masters of law in taxation change the direction of this country to- had hoped would be a transition to co- from New York University. ward a more independent, self-suffi- existence in Burundi. He returned to the University of Ne- cient, and productive society. In the last couple of weeks, Amnesty vada as an assistant professor of busi- When it was founded more than 36 International reports that hundreds of ness, real estate, and accounting law. years ago, the Youth Hobby Shop used people have been killed or disappeared Following a 4-year term on the Nevada hobbies and crafts to help children in in Burundi, and thousands of Hutus Gaming Commission, Skip entered pri- Nashville who could not help them- have fled their villages to seek refuge vate practice specializing in corporate selves—those who had no one to come in Zaire and elsewhere. Some are being tax and gaming law. In the mid-1980’s, home to after school or needed alter- held hostage in their own villages, sur- Skip’s talents were recognized by the natives to the dangerous streets. As rounded by hostile armed youths and Hilton Hotel Corp. and he was ap- the needs of inner-city children have cut off from outside contract. Rwandan pointed to the corporations board of di- changed, so has the program. Now refugees who sought refuge in Burundi rectors. Youth Hobby Shop provides tutoring in last year are now beginning to flee to In February 1993, he was elected a variety of subjects, as well as drug Zaire and Tanzania out of fear that president and chief operating officer of prevention programs, parenting class- similar terror will prevail in the ref- Hilton Hotels where he is responsible es, field trips, summer camps, and a ugee camps. for overseeing one of the largest resort/ first-rate basketball league to keep the The latest round of violence comes casino operations in the world. children off the street and guide them on the heels of the assassination in Kristen Avansino is equally talented. toward productive futures. early March of the Minister for Mines An accomplished dancer and choreog- A recent survey of residents living and Energy, Ernest Kabushemeye, a rapher, Kristen has served as professor within a mile radius of both Youth Hutu leader, and the discovery of the of dance at the University of Nevada, Hobby Shop locations found that 79 dismembered body of a retired Tutsi Reno, and as an instructor for the Ne- percent of the households knew of the army officer, Lt. Col. Lucien Sakubo. A vada Museum of Art. She earned a hobby shop’s programs and spoke high- week later, 17 more, including 3 Bel- bachelor’s and master’s degree from ly of them. The survey also suggested gians and a 4-year-old child, were Mills College and a lifetime teaching areas in which the program could ex- killed in a highway ambush by Hutu credential from the University of Cali- pand, including adding job training and extremists outside of Bujumbura. Last fornia. a neighborhood child care service. weekend, at least 200 people were killed

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5081 in the capital, according to Amnesty, go unpunished, further violence would Paul never expressed regret about pass- and more than 100 people were found only be encouraged. ing the first donated liver to the little dead, lying along a rural road south of Wednesday marks the anniversary of girl. Bujumbura. the beginning of the genocide in Rwan- Another liver was finally available in The situation in Burundi has so dete- da. The Subcommittees on African Af- early February and Paul underwent a riorated that families of American and fairs of both the House and the Senate successful 15 hour transplant surgery. European diplomats are being urged to will hold a joint hearing on Central Af- Paul, is now at his home in Carson City leave. After initially resisting such rica. I urge my colleagues to pay atten- doing well. Through his story, Paul has guidance, the dependents of the United tion to this hearing because we will sparked interest in the donor program States Ambassador to Burundi, Robert hear testimony on the aftermath of and blood drives in northern Nevada. Krueger, also left this week. last year’s violence, and examine op- Paul could have chosen to take the The Prime Minister of Burundi, tions to avert another catastrophe this first donated liver to save his own life. Antoine Nduwayo, has issued a plan of year. I also expect we will discuss how Instead, he chose to put a little girl’s action designed to strengthen law and American initiatives, such as the Afri- life ahead of his own. Paul’s altruism order in Burundi, and the majority can Conflict Resolution Act, intro- serves as an inspiration to all of us. I leader of the Burundian Parliament, duced by the distinguished Senator wish him will in the future and com- Bubugive, is traveling throughout Afri- from Illinois and past chair of the sub- mend him for his heroic act.∑ ca to coordinate regional efforts to committee, Senator SIMON, can help f help Burundi. We should be prepared to avoid future tragedies. offer any support we can for these dip- Our national attention is properly APPOINTMENT BY THE PRESIDENT lomatic initiatives. turned to rescissions, constitutional PRO TEMPORE Mr. President, the U.N. Special Rep- amendments, and other pressing do- The PRESIDING OFFICER. The resentative, Ahmedou Ould Abdallah, mestic matters now. But we would be Chair, on behalf of the President pro has told the Associated Press that remiss to ignore disaster elsewhere be- tempore, pursuant to public law 83–29, ‘‘this country * * * is headed toward cause it will come back to haunt us. as amended by public law 98–459 and collision with disaster.’’ And, in reac- We may be called upon to contribute 102–375, reappoints Robert L. Goldman, tion to the violent sweeps of Hutu money and supplies for humanitarian of Oklahoma, to the Federal Council on neighborhoods by Tutsi gangs last relief; or support U.N. troops deployed the Aging. weekend, Burundi’s President, to quell the rampant, sickening vio- f Sylvestre Ntibantunganya, predicted, lence; or deal with destabilization in APPOINTMENTS BY THE VICE ‘‘I really see a genocide, because those Africa because of a massive refugee PRESIDENT things were well prepared and carried spillover; or we may face other out fairly systematically.’’ unforseen long-term consequences, The PRESIDING OFFICER. The Genocide is a loaded word, and I use such as threats to our health, environ- Chair, on behalf of the Vice President, it very carefully and sparingly. Given ment, food supplies, and who knows pursuant to Public Law 94–304, as the past events, Burundi’s current cri- what, if we completely ignore Central amended by Public Law 99–7, appoints sis could explode into a second geno- Africa. the following Senators to the Commis- cide in Africa within a year. I urge my colleagues to join us in sion on Security and Cooperation in President Clinton has taken a per- confronting the complicated problems Europe: the Senator from Colorado sonal interest in Burundi, broadcasting in Central Africa, and to consider the [Mr. CAMPBELL], the Senator from a plea over Voice of America to the price we may pay—not to mention the Idaho [Mr. KEMPTHORNE], the Senator people of Burundi to ‘‘say no to vio- humanitarian disaster that may re- from Pennsylvania [Mr. SANTORUM], lence and extremism.’’ National Secu- sult—if we pretend Africa does not and the Senator from Michigan [Mr. rity Adviser Tony Lake and Secretary exist.∑ ABRAHAM]. of State Christopher have called for f f diplomatic intervention. Our Ambas- COMMENDING THE 125TH ANNIVER- sador to Burundi has done a stellar job TRIBUTE TO PAUL SAUCEDO SARY OF ALLEN UNIVERSITY, at communicating the dangers and in- ∑ Mr. BRYAN. Mr. President, I rise AND FOR OTHER PURPOSES volving himself where appropriate. I today to recognize one of Nevada’s out- admire and thank him for his commit- standing citizens, who, through a cou- Mr. THURMOND. Mr. President, on ment. rageous act has given another person a behalf of the leader of the Senate, I ask As events were worsening this week, chance to live. It is my privilege today unanimous consent that the Senate U.N. Secretary General Boutros to honor a man from Carson City, Paul now turn to the consideration of Sen- Boutros-Ghali proposed that a U.N. Saucedo. ate Resolution 99, relative to the Allen peacekeeping force be earmarked for In 1989, Paul was diagnosed with Hep- University in Columbia, SC; that it be intervention so that if there is a need, atitis C he believes was contracted agreed to; and that the motion to re- troops can be promptly deployed. from a blood transfusion. His condition consider be laid upon the table. Last week, the U.N. Security Council began to deteriorate and soon, the dis- The PRESIDING OFFICER. Without also issued a warning that those re- ease had scarred his liver so badly he objection, it is so ordered. sponsible for ethnic violence in Bu- began to suffer from increased pain and Mr. THURMOND. Mr. President, I am rundi could eventually be tried in mental confusion. In 1994, Paul was pleased to submit today a resolution international courts for crimes against hospitalized a half-a-dozen times. Paul commending Allen University in Co- humanity. I was encouraged by this soon had to retire as an engineer at the lumbia, SC, which is in the midst of a since I, along with the Senator from Nevada Department of Transportation, year-long celebration of its 125th anni- Kansas, Senator KASSEBAUM, chair of because he was too tired during his ill- versary. the Africa subcommittee, and 10 of our ness to do much of anything. Last sum- In 1870, Bishop John Mifflin Brown colleagues sent a letter to our Ambas- mer, he was given a 30 percent chance and the people of the Columbia Con- sador to the United Nations, Ambas- of survival. A liver transplant was ference of the African Methodist Epis- sador Madeleine Albright, urging her needed to save Paul’s life. copal Church established a school for to support the request made by the In August of last year, California Pa- the education of newly-freed slaves in Government of Burundi to the U.N. Se- cific Medical Center in San Francisco Cokesbury, SC, naming the school for curity Council to establish a judicial contacted Paul and informed him a the predecessor to Bishop Brown, commission of experts. This commis- liver was available. When both Paul Bishop Daniel Alexander Payne. The sion would be essential to investigating and his wife learned of a baby girl in school was later relocated to Columbia, those who have committed past human the hospital that also needed a liver, SC and in 1880, it was renamed for rights violations, and could serve as a Paul decided to give it to the little Bishop Richard Allen, the founder of deterrent for others. If extremists who girl. Even though doctors gave him lit- the African Methodist Episcopal perpetuate ethnic violence in Burundi tle chance of surviving another year, Church.

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5082 CONGRESSIONAL RECORD — SENATE April 3, 1995 Allen University has a long tradition ductive future that continues the accom- Brig. Gen. Reese R. Nielsen, 000–00–0000, Air of producing clergy and lay leadership plishments of the past. Force Reserve. for the African Methodist Episcopal f Brig. Gen. Ralph H. Oates, 000–00–0000, Air Force Reserve. Church, as well as scholars, attorneys, EXECUTIVE CALENDAR physicians, teachers, business and gov- To be brigadier general ernmental leaders, and other profes- Mr. THURMOND. Mr. President, on Col. Louis C. Ferraro, Jr., 000–00–0000, Air behalf of the leader, in executive ses- Force Reserve. sionals who have risen to prominent Col. Clayton T. Gadd, 000–00–0000, Air Force positions in our society. sion, I ask unanimous consent that the Senate immediately proceed to the Reserve. I hope my colleagues will join me in Col. Walter T. Hatcher III, 000–00–0000, Air commending Allen University and ex- consideration of the following nomina- Force Reserve. tending our best wishes to the univer- tions on the Executive Calendar, en Col. Robert A. Krell, 000–00–0000, Air Force sity under the leadership of Bishop bloc: Calendar Nos. 52–62 and 64–66, and Reserve. John Hurst Adams and President David all nominations placed on the Sec- Col. Sharon K. Mailey, 000–00–0000, Air Force Reserve. T. Shannon. retary’s desk. Further, that the nominations be Col. James L. Martin, 000–00–0000, Air So the resolution (S. Res. 99) was Force Reserve. considered and agreed to. confirmed, en bloc; that the motions to Col. Wayne L. Pritz, 000–00–0000, Air Force The preamble was agreed to. reconsider be laid upon the table, en Reserve. The resolution, with its preamble, is bloc; and that any statements relating Col. Edward F. Rodriquez, Jr., 000–00–0000, as follows: to the nominations appear at the ap- Air Force Reserve. S. RES. 99 propriate place in the RECORD; that the Col. Dennis W. Schulstad, 000–00–0000, Air President be immediately notified of Force Reserve. Whereas Allen University in Columbia, Col. Lawrence F. Sheehan, 000–00–0000, Air South Carolina, is in the midst of a year- the Senate’s action, and that the Sen- Force Reserve. long celebration of the 125th anniversary of ate then return to legislative session. Col. Larry L. Twitchell, 000–00–0000, Air the University; The PRESIDING OFFICER. Without Force Reserve. Whereas Allen University has produced objection, it is so ordered. Col. Ernest R. Webster, 000–00–0000, Air local and national leaders who have served The nominations were considered and Force Reserve. communities and the United States in an ex- confirmed, en bloc, as follows: Col. Geoffrey P. Wiedeman, Jr., 000–00–0000, emplary way; Air Force Reserve. Whereas the late Bishop John Mifflin AIR FORCE Brown and the people of the Columbia Con- The following-named officer for appoint- The following-named officer for appoint- ference of the African Methodist Episcopal ment to the grade of general on the retired ment to the grade of lieutenant general on Church had the vision to establish a school list pursuant to the provisions to title 10, the retired list pursuant to the provisions of for the education of newly freed slaves in United States Code, section 1370: title 10, United States Code, section 1370: 1870 in Cokesbury, South Carolina, naming To be general To be lieutenant general the school for the predecessor to Bishop Gen. Ronald W. Yates, 000–00–0000, U.S. Air Lt. Gen. James A. Fain, Jr., 000–00–0000, Brown, Bishop Daniel Alexander Payne, and Force. U.S. Air Force. appointing Professor J.W. Morris as presi- The following-named officer for appoint- dent; The following-named officer for reappoint- ment to the grade of lieutenant general of Whereas Bishop William F. Dickerson led a ment to the grade of general while assigned the retired list pursuant to the provisions of successful effort to relocate the school to Co- to a position of importance and responsi- title 10, United States Code, section 1370: bility under title 10, United States Code, sec- lumbia, South Carolina, and rename the To be lieutenant general school in 1880 for Bishop Richard Allen, the tion 601: To be general Lt. Gen. John M. Nowak, 000–00–0000, U.S. founder of the African Methodist Episcopal Air Force. Church, while the Reverend James C. Waters Gen. Henry Viccellio, Jr., 000–00–0000, U.S. assumed the presidency; Air Force. The following-named officer for appoint- Whereas the University has a long tradi- ment to the grade of lieutenant general The following-named officer for reappoint- while assigned to a position of importance tion of producing clergy and lay leadership ment to the grade of lieutenant general for the African Methodist Episcopal Church; and responsibility under title 10, United while assigned to a position of importance States Code, section 601: Whereas the University has produced nu- and responsibility under title 10, United merous scholars, attorneys, physicians, States Code, section 601: To be lieutenant general teachers, and business and governmental To be lieutenant general Maj. Gen. George T. Babbitt, Jr., 000–00– leaders, and other professionals who have 0000, U.S. Air Force. risen to positions of notoriety in the Afri- Lt. Gen. Billy J. Boles, 000–00–0000, U.S. Air Force. The following-named officer to be placed can-American community as a whole; on the retired list in the grade indicated Whereas Doctor Margaret Dixon is an ex- The following-named officer for reappoint- under the provisions of title 10, United emplary Allen University Alumnae who has ment to the grade of lieutenant general States Code, section 1370: recently been elected as president of Amer- while assigned to a position of importance ican Association of Retired People; and responsibility under title 10, United To be lieutenant general Whereas the University has endured all the States Code, section 601. Lt. Gen. Glynn C. Mallory, Jr., 000–00–0000, difficulties familiar to historically black col- To be lieutenant general U.S. Army. leges and universities; The following-named officer to be placed Whereas the University, with an historic Lt. Gen. Eugene E. Habiger, 000–00–0000, U.S. Air Force. on the retired list in the grade indicated campus, is an accredited member institution under the provisions of title 10, United The following-named officer for appoint- of the Southern Association of Colleges and States Code, section 1370: Schools; ment to the grade of lieutenant general Whereas the University, under the present while assigned to a position of importance To be lieutenant general leadership of Bishop John Hurst Adams and and responsibility under title 10, United Lt. Gen. Daniel R. Schroeder, 000–00–0000, President David T. Shannon, is equipped to States Code, section 601: U.S. Army. serve non-traditional students and others To be lieutenant general NAVY who would otherwise not have the oppor- Maj. Gen. Lawrence P. Farrell, Jr., 000–00– The following-named officer for appoint- tunity for a college education, as well as re- 0000, U.S. Air Force. ment to the grade of Admiral while assigned maining faithful to the traditional goals of The following-officers for appointment in to a position of importance and responsi- the University of clergy and leadership edu- the Reserve of the Air Force, to the grade in- bility under title 10, United States Code, sec- cation; and dicated, under the provisions of Sections 593, tions 601 and 5035: Whereas the University still strives to live 8373, and 8374, and 12004, title 10, United VICE CHIEF OF NAVAL OPERATIONS up to the motto of the University, which is States Code: ‘‘Heads to Think, Hands to Work, and Hearts To be admiral to Love’’: Now, therefore, be it To be major general Vice Adm. Joseph W. Prueher, 000–00–0000, Resolved, That Congress— Brig. Gen. Louis A. Crigler, 000–00–0000, Air U.S. Navy. (1) commends Allen University for 125 Force Reserve. The following-named officer for appoint- years of progress, commitment, and dedica- Brig. Gen. Terrance L. Dake, 000–00–0000, ment to the grade of Vice Admiral while as- tion in the shaping of productive lives; and Air Force Reserve. signed to a position of importance and re- (2) extends best wishes to Allen University Brig. Gen. Robert A. Nester, 000–00–0000, sponsibility under title 10, United States and hopes for the University will have a pro- Air Force Reserve. Code, section 601:

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS April 3, 1995 CONGRESSIONAL RECORD — SENATE S5083 To be vice admiral Army nominations beginning Richard G. nominations were received by the Senate and Rear Adm. Donald L. Pilling, 000–00–0000, Austin, and ending William D. Mcgowin, Jr., appeared in the CONGRESSIONAL RECORD of U.S. Navy. which nominations were received by the Sen- February 8, 1995. ate and appeared in the CONGRESSIONAL Navy nominations beginning Amy L. MARINE CORPS RECORD of February 8, 1995. Digiovanni, and ending Mark S. Spitzer, The following-named colonel of the U.S. Army nominations beginning Gary D. which nominations were received by the Sen- Marine Corps Reserve for promotion to the Bray, and ending William T. Sherer III which ate and appeared in the CONGRESSIONAL grade of brigadier general, under the provi- nominations were received by the Senate and RECORD of March 8, 1995. sions of section 5912 of title 10, United States appeared in the CONGRESSIONAL RECORD of f Code: February 8, 1995. To be brigadier general Army nominations beginning Ben W. LEGISLATIVE SESSION Col. Stephen M. Engelhardt, 000–00–0000. Adams, Jr., and ending Richard D. Ligon, which nominations were received by the Sen- The PRESIDING OFFICER. Under The following-named colonels of the U.S. the previous order, the Senate will re- Marine Corps for promotion to the perma- ate and appeared in the CONGRESSIONAL nent grade of brigadier general, under the RECORD of February 16, 1995. turn to legislative session. Army nomination of Milton D. Hughes, provisions of section 624 of title 10, United f States Code: which was received by the Senate and ap- peared in the CONGRESSIONAL RECORD of Feb- ORDERS FOR TUESDAY, APRIL 4, To be brigadier general ruary 22, 1995. 1995 Col. Charles F. Bolden, Jr., 000–00–0000. Army nominations beginning Peter P. Col. James M. Hayes, 000–00–0000. Baljet, and ending Stephen A. Greene, which Mr. THURMOND. Mr. President, on Col. Randall L. West, 000–00–0000. nominations were received by the Senate and behalf of the Senate leader, I ask unan- Col. Michael W. Hagee, 000–00–0000. appeared in the CONGRESSIONAL RECORD of imous consent that when the Senate Col. Wallace C. Gregson, Jr., 000–00–0000. February 27, 1995. completes its business today, it stand Col. Garry L. Parks, 000–00–0000. Army nominations beginning Jack N. An- in recess until the hour of 9:30 a.m. on Col. Martin R. Berndt, 000–00–0000. derson, and ending Karl K. Willoughby, Tuesday, April 4, 1995; that following Col. Dennis T. Krupp, 000–00–0000. which nominations were received by the Sen- the prayer, the Journal of proceedings Col. Michael A. Hough, 000–00–0000. ate and appeared in the CONGRESSIONAL Col. Henry P. Osman, 000–00–0000. RECORD of February 27, 1995. be deemed approved to date, that the Col. Paul M. Lee, Jr., 000–00–0000. Army nominations beginning Duane B. An- time for the two leaders be reserved for Col. Edward R. Langston, Jr., 000–00–0000. derson, and ending James J. Welch, which their use later in the day, and that Col. Jerry D. Humble, 000–00–0000. nominations were received by the Senate and there then be a period for the trans- Col. Jan C. Huly, 000–00–0000. appeared in the CONGRESSIONAL RECORD of action of routine morning business not IN THE AIR FORCE, ARMY, MARINE CORPS, February 27, 1995. to extend beyond the hour of 10:30 with Army nominations beginning Arthur D. NAVY Senators permitted to speak therein Bacon, and ending Jon M. Wright, which Air Force nominations beginning Harold L. nominations were received by the Senate and for up to 5 minutes each, with the ex- Kennedy, and ending Douglas D. Taylor, appeared in the CONGRESSIONAL RECORD of ception of the following: Senator which nominations were received by the Sen- February 27, 1995. THOMAS for up to 30 minutes; Senator ate and appeared in the CONGRESSIONAL Army nominations beginning Andre E. DASCHLE or his designee for up to 30 RECORD of February 3, 1995. Adams, and ending William Zekas, which minutes. Air Force nominations beginning Thomas nominations were received by the Senate and A. Work, and ending Quay C. Snyder, Jr., I further ask unanimous consent that appeared in the CONGRESSIONAL RECORD of at the hour of 10:30, the Senate resume which nominations were received by the Sen- February 27, 1995. ate and appeared in the CONGRESSIONAL Army nomination of David C. Chuber, consideration of H.R. 1158, the supple- RECORD of February 8, 1995. which was received by the Senate and ap- mental appropriations bill; and that Air Force nominations beginning Maj. peared in the CONGRESSIONAL RECORD of the Senate stand in recess from the Lawrence R. Dowling, 000–00–0000, and ending March 6, 1995. hours of 12:30 p.m. until 2:15 p.m. for Maj. Ellen N. Thomas, 000–00–0000, which Army nominations beginning Joseph L. the weekly party luncheons to meet. nominations were received by the Senate and Walden, and ending Richard A. Logan, which The PRESIDING OFFICER. Without appeared in the CONGRESSIONAL RECORD of nominations were received by the Senate and objection, it is so ordered. February 8, 1995. appeared in the CONGRESSIONAL RECORD of Air Force nominations beginning Maj. Mi- March 14, 1995. f chael M. Adkinson, 000–00–0000, and ending Army nominations beginning Douglas M. PROGRAM Maj. Sheldon R. Omi, 000–00–0000, which Anderson, and ending Steven Wonderlich, nominations were received by the Senate and which nominations were received by the Sen- Mr. THURMOND. Mr. President, on appeared in the CONGRESSIONAL RECORD of ate and appeared in the CONGRESSIONAL behalf of the leader, under the previous February 8, 1995. RECORD of March 14, 1995. Air Force nominations beginning Norman order, the Senate will resume consider- Marine Corps nomination of Maj. Lawrence ation of the supplemental appropria- W. Anderson, and ending Darin L. Williams, J. Kovalchik, which was received by the Sen- tions tomorrow morning at 10:30. which nominations were received by the Sen- ate and appeared in the CONGRESSIONAL ate and appeared in the CONGRESSIONAL RECORD of February 3, 1995. Therefore, rollcall votes are expected RECORD of February 8, 1995. Marine Corps nominations beginning Bran- throughout the day on Tuesday. Air Force nominations beginning James M. don D. Brown, and ending Steven M. Wolf, Members are also reminded to be in Corrigan, and ending John A. Stahl, which which nominations were received by the Sen- the Chamber at 2:15 p.m. tomorrow for nominations were received by the Senate and ate and appeared in the CONGRESSIONAL the official photograph of the 104th appeared in the CONGRESSIONAL RECORD of RECORD of February 8, 1995. Congress. February 8, 1995. Marine Corps nominations beginning Capt. Air Force nominations beginning Saket K. Donovan E.V. Bryan, and ending Capt. Chris- f Ambasht, and ending Randall C. Zernzach, topher J. Wagner, which nominations were ORDER OF PROCEDURE which nominations were received by the Sen- received by the Senate and appeared in the ate and appeared in the CONGRESSIONAL CONGRESSIONAL RECORD of February 16, 1995. Mr. THURMOND. Mr. President, I RECORD of February 16, 1995. Marine Corps nominations beginning Jona- ask unanimous consent that following Air Force nominations beginning Carl M. than M. Aadland, and ending Walter Yates, the remarks by the Senator from Alley, and ending Roberta L. Young, which which nominations were received by the Sen- South Dakota, the Senate stand in re- nominations were received by the Senate and ate and appeared in the CONGRESSIONAL cess. appeared in the CONGRESSIONAL RECORD of RECORD of February 16, 1995. March 6, 1995. Navy nomination of Sergey M. Scollan, The PRESIDING OFFICER. Without Air Force nominations beginning Roberta which was received by the Senate and ap- objection, it is so ordered. L. Fierro, and ending Stephen D. Hess, which peared in the CONGRESSIONAL RECORD of Jan- Mr. PRESSLER addressed the Chair. nominations were received by the Senate and uary 6, 1995. The PRESIDING OFFICER. The Sen- appeared in the CONGRESSIONAL RECORD of Navy nominations beginning Kerby E. ator from South Dakota. March 8, 1995. Rich, and ending Lawrence W. Wiggins, Army nominations beginning Orin R. which nominations were received by the Sen- f Hilmo, Jr., and ending Stephen C. Wallace, ate and appeared in the CONGRESSIONAL TELECOMMUNICATIONS BILL which nominations were received by the Sen- RECORD of February 8, 1995. ate and appeared in the CONGRESSIONAL Navy nominations beginning Eric R. Vic- Mr. PRESSLER. Mr. President, I RECORD of February 3, 1995. tory, and ending Robert L. Stewart, which would like to report to the Senate on

VerDate Aug 31 2005 04:44 May 28, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S03AP5.REC S03AP5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5084 CONGRESSIONAL RECORD — SENATE April 3, 1995 the status of the telecommunications CHRIS R. GLAESER, 000–00–0000 CLAUER, JOHN A., 000–00–0000 MARK H. HULSEY, 000–00–0000 CLIFTON, DAVID R., 000–00–0000 bill. On March 23, the Commerce Com- THOMAS F. KEATING, 000–00–0000 CONWAY, TIMOTHY C., 000–00–0000 mittee voted overwhelmingly in favor JOHN T. MC DERMOTT, 000–00–0000 CROOKSTON, JOSEPH A., 000–00–0000 TIMOTHY C. MORRIS, 000–00–0000 CUSHING JR., JOHN P., 000–00–0000 of the Telecommunications Competi- JOE A. ROSE, JR., 000–00–0000 DAVIS, JACK G., 000–00–0000 tion and Deregulation Act of 1995. CHARLES R. SENCINDIVER, 000–00–0000 DOMARASKY III, ANDREW M., 000–00–0000 DONALD B. SIMS, 000–00–0000 DULIN, PATRICK J., 000–00–0000 It is my strongest hope now that we JERRY D. STEVENS, 000–00–0000 EINSIDLER, MICHAEL A., 000–00–0000 can get this bill up for action on the JOHN R. TUTTLE, 000–00–0000 FARMER, LEE H., 000–00–0000 SMILEY J. VEAL, 000–00–0000 FARMER, ROGER T., 000–00–0000 floor this week, before the recess. The GEORGE A. WASKOSKY, 000–00–0000 FORTE, ROBERT T., 000–00–0000 danger in delay is that it could be GARRETT, WILLIAM B., 000–00–0000 JUDGE ADVOCATE GENERALS DEPARTMENT GISOLO, GARY G., 000–00–0000 picked apart by the various interest To be lieutenant colonel GRAHAM JR., JOHN W., 000–00–0000 groups. HALTON, PATRICK K., 000–00–0000 DEAN A. ARNOLD, 000–00–0000 HAMILTON, RICHARD D., 000–00–0000 This bill would be a roadmap for in- HARLIN JR., DONALD V., 000–00–0000 CHAPLAIN CORPS vestment for the next 15 years, until HELLAND, SAMUEL T., 000–00–0000 To be lieutenant colonel HENDRICKSON, LEIF H., 000–00–0000 the wireless age. There will be an ex- HOFFER, NICHOLAS J., 000–00–0000 plosion of investment if we pass it. The MICHAEL J. SHEA, 000–00–0000 HOGAN, JOHN J., 000–00–0000 JEPSEN, NORMAN W., 000–00–0000 benefits to consumers will be tremen- MEDICAL SERVICE CORPS JOHN, DAVID L., 000–00–0000 dous. To be lieutenant colonel JONES, JOSEPH B., 000–00–0000 KARLE, JR., ALFRED J., 000–00–0000 I wish to urge Members of the Senate JAMES R. BURKHART, 000–00–0000 KIFFER, DAVID L., 000–00–0000 and the various interests and consumer KRAMLICH, RICHARD S., 000–00–0000 BIOMEDICAL SCIENCE CORPS KRUMM, FRED A., 000–00–0000 groups that are lobbying and working To be lieutenant colonel LARSEN, LEIF R., 000–00–0000 on this bill to remember that if we give LARSEN, TIMOTHY R., 000–00–0000 OSVALDO COLLAZO, 000–00–0000 LARSON, LAWRENCE L., 000–00–0000 one group a special consideration, then LEAVIS, JAMES M., 000–00–0000 MEDICAL CORPS we have to give it to others. LEMOINE, JOHN A., 000–00–0000 To be lieutenant colonel LENNOX, DYER T., 000–00–0000 It seems that everybody wants to LONG, DENNIS E., 000–00–0000 have a bill. CEO’s all say they want a CHARLES E. LOWREY, 000–00–0000 MAISEL, GREGORY N., 000–00–0000 MARTIN JR., JOSEPH, 000–00–0000 bill; the administration wants a bill. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED MCDANIEL, DANNY J., 000–00–0000 But we will not have a bill unless we STATES OFFICERS FOR PROMOTION IN THE RESERVE OF MULLIN, PATRICK J., 000–00–0000 THE AIR FORCE UNDER THE PROVISIONS OF SECTIONS NANGLE, ORVAL E., 000–00–0000 have some cooperation and everyone 12203 AND 8379, TITLE 10 OF THE UNITED STATES CODE. PATTON, TOMMY L., 000–00–0000 working together. That has been my PROMOTIONS MADE UNDER SECTION 8379 SHALL BEAR AN PELLICONE, JOHN J., 000–00–0000 EFFECTIVE DATE ESTABLISHED IN ACCORDANCE WITH PERRY, MICHAEL T., 000–00–0000 message. SECTION 8374, TITLE 10 OF THE UNITED STATES CODE. QUINLAN, MICHAEL J., 000–00–0000 So I do hope we get the telecommuni- LINE OF THE AIR FORCE RICHARDSON, DONALD A., 000–00–0000 ROAN, RICHARD W., 000–00–0000 cations bill up this week. If not, we To be lieutenant colonel ROWLAND, ROBERT O., 000–00–0000 will pass it later—but it is far better to SCHLAICH, NORMAN G., 000–00–0000 JOSE T. AGUINEGA, 000–00–0000 SCHLEINING JR., JAMES E., 000–00–0000 act sooner than later. I would implore KENNETH E. BERGGREN, 000–00–0000 SCOVEL III, CALVIN L., 000–00–0000 the various interests in this country MICHAEL R. BOULANGER, 000–00–0000 STEWART, FRANK M., 000–00–0000 JAMES A. CAPORINI, 000–00–0000 STEWART, JOE R., 000–00–0000 which are following this bill to work SCOTT L. DONALDSON, 000–00–0000 THOMAS, JOHNNY R., 000–00–0000 together. This is the sort of bill that is RUSSELL G. ERLER, 000–00–0000 TIMOTHY, EUGENE R., 000–00–0000 GEHL L. HAMMOND, 000–00–0000 TRACY, PHILIP D., 000–00–0000 not on every American citizen’s mind CRAIG E. HARRIMAN, 000–00–0000 TRIPLETT, MITCHEL T., 000–00–0000 every day, but I think it is the most WILLIAM L. LEVAY, 000–00–0000 WHITE III, THOMAS B., 000–00–0000 FRANK SARCONE, 000–00–0000 WILLIAMS, THOMAS J., 000–00–0000 important bill for our country’s econ- CRAIG E. WALLACE, 000–00–0000 WOODSON, THOMAS S., 000–00–0000 omy in the Congress today. It is up to JUDGE ADVOCATE GENERALS DEPARTMENT f those of us in the Senate and the House To be lieutenant colonel CONFIRMATIONS and the White House to work together KEVIN FINNIGAN, 000–00–0000 cooperatively. I look forward to doing VICTORIA A. REARDON, 000–00–0000 Executive nominations confirmed by that. CHAPLAIN CORPS the Senate April 3, 1995: IN THE AIR FORCE f To be lieutenant colonel THOMAS E. KINNEY, 000–00–0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT RECESS UNTIL 9:30 A.M. DAVID L. VAIL, 000–00–0000 TO THE GRADE OF GENERAL ON THE RETIRED LIST PUR- SUANT TO THE PROVISIONS TO TITLE 10, UNITED STATES TOMORROW MEDICAL SERVICES CORPS CODE, SECTION 1370: Mr. PRESSLER. Mr. President, I now To be lieutenant colonel To be general move that the Senate stand in recess JAMES B. HINSON, 000–00–0000 GEN. RONALD W. YATES, 000–00–0000. under the previous order. BIOMEDICAL SERVICES CORPS THE FOLLOWING-NAMED OFFICER FOR REAPPOINT- The motion was agreed to, and the To be lieutenant colonel MENT TO THE GRADE OF GENERAL WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY Senate, at 7:33 p.m., recessed until BAXTER D. BURTON, 000–00–0000 UNDER TITLE 10, UNITED STATES CODE, SECTION 601: Tuesday, April 4, 1995, at 9:30 a.m. ERNEST D. GREEN, 000–00–0000 To be general MEDICAL CORPS f GEN. HENRY VICCELLIO, JR., 000–00–0000. To be lieutenant colonel NOMINATIONS THE FOLLOWING-NAMED OFFICERS FOR REAPPOINT- ROBERT J. LYNCH, 000–00–0000 MENT TO THE GRADE OF LIEUTENANT GENERAL WHILE Executive nominations received by PAUL E. RECKARD, 000–00–0000 ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- JOHN G. SOTOS, 000–00–0000 SIBILITY UNDER TITLE 10, UNITED STATES CODE, SEC- the Senate April 3, 1995: TION 601: NURSE CORPS MARINE MAMMAL COMMISSION To be lieutenant general To be lieutenant colonel VERA ALEXANDER, OF ALASKA, TO BE A MEMBER OF LT. GEN. BILLY J. BOLES, 000–00–0000. THE MARINE MAMMAL COMMISSION FOR A TERM EXPIR- STEPHEN L. JERENTOWSKI, 000–00–0000 LT. GEN. EUGENE E. HABIGER, 000–00–0000. ING MAY 13, 1997, VICE JACK WARREN LENTFER, TERM IN THE MARINE CORPS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT EXPIRED. TO THE GRADE OF LIEUTENANT GENERAL WHILE AS- THE FOLLOWING-NAMED LIEUTENANT COLONELS OF SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- IN THE AIR FORCE THE U.S. MARINE CORPS FOR PROMOTION TO THE GRADE BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION OF COLONEL, UNDER THE PROVISIONS OF SECTION 624 OF THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED 601: STATES OFFICERS FOR PROMOTION IN THE RESERVE OF TITLE 10, UNITED STATES CODE: To be lieutenant general THE AIR FORCE UNDER THE PROVISIONS OF SECTIONS To be colonel 12203 AND 8379, TITLE 10 OF THE UNITED STATES CODE, MAJ. GEN. LAWRENCE P. FARRELL, JR., 000–00–0000. PROMOTIONS MADE UNDER SECTION 8379 AND CON- ALAURIA, ANTHONY T., 000–00–0000 FIRMED BY THE SENATE UNDER SECTION 12203 SHALL ALLEN, PAUL C., 000–00–0000 THE FOLLOWING OFFICERS FOR APPOINTMENT IN THE BEAR AN EFFECTIVE DATE ESTABLISHED IN ACCORD- BAIN, WILLIAM F., 000–00–0000 RESERVE OF THE AIR FORCE TO THE GRADE INDICATED, ANCE WITH SECTION 8374, TITLE 10 OF THE UNITED BAMFORD II, RENO C., 000–00–0000 UNDER THE PROVISIONS OF SECTIONS 593, 8373, 8374, AND STATES CODE. BARNHOUSE, THOMAS N., 000–00–0000 12004, TITLE 10, UNITED STATES CODE: BARTH, WILLIAM M., 000–00–0000 LINE OF THE AIR FORCE BEAULIEU, RAYMOND, 000–00–0000 AIR FORCE RESERVE To be lieutenant colonel BERUBE, RONALD A., 000–00–0000 To be major general BLACKLEDGE, MATTHEW W., 000–00–0000 BRADLEY C. ANDREESEN, 000–00–0000 BROOKS, MICHAEL A., 000–00–0000 BRIG. GEN. LOUIS A. CRIGLER, 000–00–0000. JOHN M. CAVENDISH, 000–00–0000 BUDKA, ANDREW J., 000–00–0000 BRIG. GEN. TERRENCE L. DAKE, 000–00–0000. ROBERT B. DEEBEL, 000–00–0000 CARR, EDGAR B., 000–00–0000 BRIG. GEN. ROBERT A. NESTER, 000–00–0000. PETER L. FARIS, 000–00–0000 CATTO, WILLIAM D., 000–00–0000 BRIG. GEN. REESE R. NIELSEN, 000–00–0000.

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BRIG. GEN. RALPH H. OATES, 000–00–0000. WERE RECEIVED BY THE SENATE AND APPEARED IN THE POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER CONGRESSIONAL RECORD ON MARCH 6, 1995. TITLE 10, UNITED STATES CODE, SECTION 601: AIR FORCE RESERVE AIR FORCE NOMINATIONS BEGINNING ROBERTA L. To be brigadier general FIERRO, AND ENDING STEPHEN D. HESS, WHICH NOMINA- To be vice admiral TIONS WERE RECEIVED BY THE SENATE AND APPEARED COL. LOUIS C. FERRARO, JR., 000–00–0000. IN THE CONGRESSIONAL RECORD ON MARCH 8, 1995. REAR ADM. DONALD L. PHILLING, 000–00–0000 COL. CLAYTON T. GADD, 000–00–0000. NAVY NOMINATION OF SERGEY M. SCOLLAN, WHICH COL. WALTER T. HATCHER III, 000–00–0000. IN THE ARMY WAS RECEIVED BY THE SENATE AND APPEARED IN THE COL. ROBERT A. KRELL, 000–00–0000. THE FOLLOWING-NAMED OFFICERS TO BE PLACED ON CONGRESSIONAL RECORD OF JANUARY 6, 1995. COL. SHARON K. MAILEY, 000–00–0000. THE RETIRED LIST IN THE GRADE INDICATED UNDER NAVY NOMINATIONS BEGINNING KERBY E. RICH, AND COL. JAMES L. MARTIN, 000–00–0000. THE PROVISIONS OF TITLE 10, UNITED STATES CODE, ENDING LAWRENCE W. WIGGINS, WHICH NOMINATIONS COL. WAYNE L. PRITZ, 000–00–0000. SECTION 1370: WERE RECEIVED BY THE SENATE AND APPEARED IN THE COL. EDWARD F. RODRIQUEZ, JR., 000–00–0000. CONGRESSIONAL RECORD ON FEBRUARY 8, 1995. COL. DENNIS W. SCHULSTAD, 000–00–0000. To be lieutenant general NAVY NOMINATIONS BEGINNING ERIC R. VICTORY, AND COL. LAWRENCE F. SHEEHAN, 000–00–0000. COL. LARRY L. TWITCHELL, 000–00–0000. LT. GEN. GLYNN C. MALLORY, JR., 000–00–0000 ENDING ROBERT L. STEWART, WHICH NOMINATIONS COL. ERNEST R. WEBSTER, 000–00–0000. LT. GEN. DANIEL R. SCHROEDER, 000–00–0000 WERE RECEIVED BY THE SENATE AND APPEARED IN THE COL. GEOFFREY P. WIEDEMAN, JR., 000–00–0000. ARMY NOMINATIONS BEGINNING ORIN R. HILMO, JR., CONGRESSIONAL RECORD ON FEBRUARY 8, 1995. AND ENDING STEPHEN C. WALLACE, WHICH NOMINA- NAVY NOMINATIONS BEGINNING AMY L. DIGIOVANNI, THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT TIONS WERE RECEIVED BY THE SENATE AND APPEARED AND ENDING MARK S. SPITZER, WHICH NOMINATIONS TO THE GRADE OF LIEUTENANT GENERAL ON THE RE- IN THE CONGRESSIONAL RECORD ON FEBRUARY 3, 1995. WERE RECEIVED BY THE SENATE AND APPEARED IN THE TIRED LIST PURSUANT TO THE PROVISIONS TO TITLE 10, ARMY NOMINATIONS BEGINNING RICHARD G. AUSTIN, CONGRESSIONAL RECORD ON MARCH 8, 1995. UNITED STATES CODE, SECTION 1370: AND ENDING WILLIAM D. MC GOWIN, JR., WHICH NOMINA- To be lieutenant general TIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE MARINE CORPS IN THE CONGRESSIONAL RECORD ON FEBRUARY 8, 1995. THE FOLLOWING-NAMED COLONEL OF THE U.S. MARINE LT. GEN. JAMES A. FAIN, JR., 000–00–0000. ARMY NOMINATIONS BEGINNING GARY D. BRAY, AND CORPS RESERVE FOR PROMOTION TO THE GRADE OF LT. GEN. JOHN M. NOWAK, 000–00–0000. ENDING WILLIAM T. SHERER III, WHICH NOMINATIONS BRIGADIER GENERAL, UNDER THE PROVISIONS OF SEC- WERE RECEIVED BY THE SENATE AND APPEARED IN THE THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT CONGRESSIONAL RECORD ON FEBRUARY 8, 1995. TION 5912 OF TITLE 10, UNITED STATES CODE: TO THE GRADE OF LIEUTENANT GENERAL WHILE AS- ARMY NOMINATIONS BEGINNING BEN W. ADAMS, JR., SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- AND ENDING RICHARD D. LIGON, WHICH NOMINATIONS To be brigadier general BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION WERE RECEIVED BY THE SENATE AND APPEARED IN THE COL. STEPHEN M. ENGELHARDT, 000–00–0000 601: CONGRESSIONAL RECORD ON FEBRUARY 16, 1995. To be lieutenant general ARMY NOMINATION OF MILTON D. HUGHES, WHICH WAS THE FOLLOWING-NAMED COLONELS OF THE U.S. MA- RECEIVED BY THE SENATE AND APPEARED IN THE CON- RINE CORPS FOR PROMOTION TO THE PERMANENT MAJ. GEN. GEORGE T. BABBITT, JR., 000–00–0000. GRESSIONAL RECORD ON FEBRUARY 22, 1995. GRADE OF BRIGADIER GENERAL, UNDER THE PROVI- SIONS OF SECTION 624 OF TITLE 10, UNITED STATES AIR FORCE NOMINATIONS BEGINNING HAROLD L. KEN- ARMY NOMINATIONS BEGINNING PETER P. BALJET, CODE: NEDY, AND ENDING DOUGLAS D. TAYLOR, WHICH NOMI- AND ENDING STEPHEN A. GREENE, WHICH NOMINATIONS NATIONS WERE RECEIVED BY THE SENATE AND AP- WERE RECEIVED BY THE SENATE AND APPEARED IN THE PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY CONGRESSIONAL RECORD ON FEBRUARY 27, 1995. To be brigadier general ARMY NOMINATIONS BEGINNING JACK N. ANDERSON, 3, 1995. COL. CHARLES F. BOLDEN, JR., 000–00–0000 AND ENDING KARL K. WILLOUGHBY, WHICH NOMINA- AIR FORCE NOMINATIONS BEGINNING THOMAS A. COL. JAMES M. HAYES, 000–00–0000 TIONS WERE RECEIVED BY THE SENATE AND APPEARED WORK, AND ENDING QUAY C. SNYDER, JR., WHICH NOMI- COL. RANDALL L. WEST, 000–00–0000 IN THE CONGRESSIONAL RECORD ON FEBRUARY 27, 1995. NATIONS WERE RECEIVED BY THE SENATE AND AP- COL. MICHAEL W. HAGEE, 000–00–0000 ARMY NOMINATIONS BEGINNING DUANE B. ANDERSON, PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY COL. WALLACE C. GREGSON, JR., 000–00–0000 AND ENDING JAMES J. WELCH, WHICH NOMINATIONS 8, 1995. COL. GARRY L. PARKS, 000–00–0000 WERE RECEIVED BY THE SENATE AND APPEARED IN THE AIR FORCE NOMINATIONS BEGINNING MAJ. LAWRENCE COL. MARTIN R. BERNDT, 000–00–0000 CONGRESSIONAL RECORD ON FEBRUARY 27, 1995. R. DOWLING, 000–00–0000 AND ENDING MAJ. ELLEN N. COL. DENNIS T. KRUPP, 000–00–0000 ARMY NOMINATIONS BEGINNING ARTHUR D. BACON, THOMAS, 000–00–0000, WHICH NOMINATIONS WERE RE- COL. MICHAEL A. HOUGH, 000–00–0000 AND ENDING JON M. WRIGHT, WHICH NOMINATIONS CEIVED BY THE SENATE AND APPEARED IN THE CON- COL. HENRY P. OSMAN, 000–00–0000 WERE RECEIVED BY THE SENATE AND APPEARED IN THE GRESSIONAL RECORD ON FEBRUARY 8, 1995. COL. PAUL M. LEE, JR., 000–00–0000 CONGRESSIONAL RECORD ON FEBRUARY 27, 1995. AIR FORCE NOMINATIONS BEGINNING MAJ. MICHAEL M. COL. EDWARD R. LANGSTON, JR., 000–00–0000 ARMY NOMINATIONS BEGINNING ANDREW E. ADAMS, ADKINSON, 000–00–0000, AND ENDING MAJ. SHELDON R. COL. JERRY D. HUMBLE, 000–00–0000 AND ENDING WILLIAM ZEKAS, WHICH NOMINATIONS OMI, 000–00–0000, WHICH NOMINATIONS WERE RECEIVED BY COL. JAN C. HULY, 000–00–0000 THE SENATE AND APPEARED IN THE CONGRESSIONAL WERE RECEIVED BY THE SENATE AND APPEARED IN THE RECORD ON FEBRUARY 8, 1995. CONGRESSIONAL RECORD ON FEBRUARY 27, 1995. MARINE CORPS NOMINATION OF MAJ. LAWRENCE J. AIR FORCE NOMINATIONS BEGINNING NORMAN W. AN- ARMY NOMINATION OF DAVID C. CHUBER, WHICH WAS KOVALCHIK, WHICH WAS RECEIVED BY THE SENATE AND DERSON, AND ENDING DARIN L. WILLIAMS, WHICH NOMI- RECEIVED BY THE SENATE AND APPEARED IN THE CON- APPEARED IN THE CONGRESSIONAL RECORD OF FEB- NATIONS WERE RECEIVED BY THE SENATE AND AP- GRESSIONAL RECORD ON MARCH 6, 1995. RUARY 3, 1995. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY ARMY NOMINATIONS BEGINNING JOSEPH L. WALDEN, MARINE CORPS NOMINATIONS BEGINNING BRANDON D. 8, 1995. AND ENDING RICHARD A. LOGAN, WHICH NOMINATIONS BROWN, AND ENDING STEVEN M. WOLF, WHICH NOMINA- AIR FORCE NOMINATIONS BEGINNING JAMES M. WERE RECEIVED BY THE SENATE AND APPEARED IN THE TIONS WERE RECEIVED BY THE SENATE AND APPEARED CORRIGAN, AND ENDING JOHN A. STAHL, WHICH NOMINA- CONGRESSIONAL RECORD ON MARCH 14, 1995. IN THE CONGRESSIONAL RECORD FEBRUARY 8, 1995. TIONS WERE RECEIVED BY THE SENATE AND APPEARED ARMY NOMINATIONS BEGINNING DOUGLAS M. ANDER- MARINE CORPS NOMINATIONS BEGINNING CAPT. DONO- IN THE CONGRESSIONAL RECORD ON FEBRUARY 8, 1995. SON, AND ENDING STEVEN WONDERLICH, WHICH NOMI- VAN E.V. BRYAN, AND ENDING CAPT. CHRISTOPHER J. AIR FORCE NOMINATIONS BEGINNING SAKET K. NATIONS WERE RECEIVED BY THE SENATE AND AP- WAGNER, WHICH NOMINATIONS WERE RECEIVED BY THE AMBASHT, AND ENDING RANDALL C. ZERNZACH, WHICH PEARED IN THE CONGRESSIONAL RECORD ON MARCH 14, SENATE AND APPEARED IN THE CONGRESSIONAL NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 1995. RECORD FEBRUARY 16, 1995. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY IN THE NAVY MARINE CORPS NOMINATIONS BEGINNING JONATHAN M 16, 1995. AADLAND, AND ENDING WALTER YATES, WHICH NOMINA- AIR FORCE NOMINATIONS BEGINNING CARL M. ALLEY, THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT TIONS WERE RECEIVED BY THE SENATE AND APPEARED AND ENDING ROBERTA L. YOUNG, WHICH NOMINATIONS TO THE GRADE OF VICE ADMIRAL WHILE ASSIGNED TO A IN THE CONGRESSIONAL RECORD ON FEBRUARY 16, 1995.

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UPPER DARBY SCHOOL DISTRICT UNIVERSITY OF COLORADO RE- dian study that showed no benefit from regu- FEEDS EVERY CHILD WITHOUT SEARCHERS TO BE COMMENDED lar mammography. The National Cancer In- FEDERAL DOLLARS FOR IMPORTANT STUDY ON stitute withdrew support of the guidelines MAMMOGRAMS while the American Cancer Society decided there was insufficient evidence to change the recommendations. HON. CURT WELDON HON. PATRICIA SCHROEDER The study included eight controlled trials OF PENNSYLVANIA OF COLORADO of regular mammography of women ages 40 IN THE HOUSE OF REPRESENTATIVES to 49 years. The authors focused on data IN THE HOUSE OF REPRESENTATIVES Monday, April 3, 1995 from 1963 to 1988. Monday, April 3, 1995 Hendrick, CU colleague James Rutledge, Mrs. SCHROEDER. Mr. Speaker, less than Dr. Charles Smart, formerly of the National Mr. WELDON of Pennsylvania. Mr. Speaker, a decade ago a Government task force and Cancer Institute, and Robert A Smith of the during the debate occurring on March 24, the Congressional Caucus for Women's Is- American Cancer Society followed up the 1995, on the Personal Responsibility Act, one sues sounded the alarm about the lack of re- women seven to 18 years later rather than of my colleagues across the aisle made seri- search on women's health. Since then, there just seven years in the Canadian study. Their conclusion was that routine screening ous misstatements about a school district in have been many positive advances, among my district. I want to set the record straight. can reduce breast cancer deaths when com- them more extensive research into breast can- bined with adequate followup. Reference was made by my colleague to cer, the leading cause of death for women Hendrick noted that the quality of mam- this school district opting out of the Federal aged 40 to 44 and the leading cause of can- mography today ‘‘is much better than that School Lunch Program. It was implied that this cer death for women aged 15 to 54. Mammog- used in most of the trials. That means we’re school district deals with its poorer children raphy is still one of the few tools we have for even better at detecting small cancers and who need a lunch by feeding them scraps and detection of breast cancer. For women over reducing the death rate.’’ leftovers. age 50, the value of mammography is Smith of the American Cancer Society said Mr. Speaker, this is simply not true. The dis- uncontested. But there has been ongoing con- a trend toward benefiting from mammog- trict my colleague referred to is the Upper raphy has appeared later in the 40- to 49- troversy about its effectiveness for women in year-old group compared with women over 50 Darby School District, which I represent. The their forties. We are closer to resolving that years. Upper Darby district opted out of the Federal controversy because of the work of two Uni- ‘‘Women in this age group diagnosed with School Lunch Program 13 years ago. The dis- versity of Colorado researchers and their col- breast cancer are healthier than older trict's decision was made then, as it is made leagues. Their study, the ``Benefits of Mam- women and in general their survival is bet- now, on a careful review of the district's demo- mography Screening in Women Ages 40 to 49 ter,’’ Smith said. graphics and a review of what is best for the Years,'' appears in the April 1 issue of the f community. American Cancer Society's journal, Cancer. It Before opting out, Upper Darby was losing shows that regular mammography for these FAREWELL TO BLM’S BOB MOORE $60 to $80 thousand a year by participating in women can significantly reduce deaths from the Federal Lunch Program. Federal rules re- breast cancer. It is with the help of good re- quired extra people for food preparation and search such as this that we will be able to HON. DAVID E. SKAGGS monitoring. Food sent to the schools as part of offer women more definitive guidance about a OF COLORADO the program was not popular. Kids were pay- disease that is expected to kill 46,000 of them IN THE HOUSE OF REPRESENTATIVES ing 20 cents for a meal that cost a dollar to in this country this year and afflict another prepare, taking a couple of bits, and dumping 182,000. I submit a March 21 Denver Post ar- Monday, April 3, 1995 most of the food. So the Upper Darby district ticle telling about this important study. Mr. SKAGGS. Mr. Speaker, I want to note opted out. [From the Denver Post, Mar. 21, 1995] that this will be the last week on the job for No child goes hungry and no child is fed STUDY BACKS MAMMOGRAMS AT 40 one of the most creative and dedicated Fed- scraps. The district's goal is to have a self-suf- (By Ann Schrader) eral employees with whom I have had the ficient food service program that serves nutri- Regular mammography in women 40 to 49 pleasure of working. tious meals. And that is what Upper Darby years old can significantly reduce deaths Mr. Bob Moore, who now serves as the Col- has. from breast cancer, according to a study by orado Director for the Bureau of Land Man- The district has contracted with a private two University of Colorado researchers and agement, will retire on Monday after nearly 40 food service management company to run its their colleagues. years of extraordinary public service. The report in the April 1 issue of the Amer- program. The district's menus meet the nutri- ican Cancer Society journal Cancer comes as In Colorado, as in much of the West, com- tional guidelines set by the Federal Govern- debate continues over the benefits of routine peting opinions on Federal land policy tend to ment. The menus encourage healthy eating by screening. be strongly held, and sometimes the people offering a variety of foods, including salads, ‘‘I would hope that the results are that involved seem to have little interest in com- yogurt, poultry, and other healthful choices. women and their physicians would choose promise or cooperation. Even in that kind of The kids have a choice about what to eat and mammography screening starting at age 40 contentious atmosphere, Bob has helped citi- as a result much less food is wasted. in most cases,’’ said Ed Hendrick, chief of ra- zens reach consensus on outdoor recreation, diological services at the CU Health Sciences Upper Darby has never had a problem with Center. ‘‘I don’t think we’ll see an impact on landscape management, trails and scenic by- kids not getting a meal at school. Current pro- the National Cancer Institute’s guidelines ways, grazing, cultural history, and wilderness gram participation in Upper Darby elementary until there is more data in,’’ he added. protectionÐsome of the most important issues schools ranges from 56 to 70 percent. The Several European and Scandinavian coun- we face in our part of the country. contractor works with individual schools to as- tries are conducting mammography studies. I'm sorry to lose this outstanding, thoughtful, sist needy children. In 1989, the American Cancer Society, Na- soft-spoken gentleman from public service. On No child goes hungry. No child eats scraps tional Cancer Institute and 11 other organi- behalf of all of us in Colorado, I offer him my zations agreed on mammography guidelines in the Upper Darby schools. The program that called for regular screenings every one best wishes in his life's next chapters. Bob ex- serves nutritious meals that kids will actually to two years for women who are 40 to 49 emplifies the dedication to an important na- eat, saves money, and meets the needs of the years old and have no symptoms. tional mission that characterizes many thou- community. But three years later, the guideline con- sands of career civil servants whom we too Those are the facts, Mr. Speaker. sensus crumbled with publication of a Cana- often disparage as mere bureaucrats.

∑ 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 756 CONGRESSIONAL RECORD — Extensions of Remarks April 3, 1995 LEGISLATION TO PROVIDE FOR UNIONTOWN, PA AMERICAN LE- to helping others in their times of need. I think THE AWARD OF THE PURPLE GION POST TO HONOR LT. COL. I speak for all the citizens of Rhode Island HEART IN INCIDENTS OF MATT URBAN when I say that we are all enamored by Car- FRIENDLY FIRE DURING PEACE- men's courage and extremely proud of her. KEEPING ACTIVITIES HON. JOHN P. MURTHA Next year Carmen will attend college. As OF PENNSYLVANIA she embarks on this new and exciting journey I want to wish her only the best that life can IN THE HOUSE OF REPRESENTATIVES HON. JULIAN C. DIXON offer. I know that these last years have been Monday, April 3, 1995 difficult, but in the days ahead I encourage her OF CALIFORNIA Mr. MURTHA. Mr. Speaker, true American to continue to draw strength from these dif- IN THE HOUSE OF REPRESENTATIVES heroes hold an honored place in the hearts of ficult times. The special relationship that she all of us who love our Nation. The Congres- had with her father is a memory that can Monday, April 3, 1995 sional Medal of Honor is one of the ways we never be taken away, and a constant reminder Mr. DIXON. Mr. Chairman, today I am intro- have chosen to honor their heroes, and it is that life must be cherished. ducing legislation to award the Purple Heart an award that is only given to those individ- I hope that we can all learn a valuable les- posthumously to members of the Armed uals who have exhibited an exceptional son from Carmen's example. She has shown Forces killed on April 14, 1994, in a friendly amount of courage on behalf of the United us that when times are hard it is a strong spirit fire incident in the northern Iraqi ``no fly'' zone. States. that survives. Fulfillment is defined not only by Fourteen American service members on Lt. Col. Matt Urban is a true American hero what makes us happy, but by how we create peacekeeping duty were killed when two and a Congressional Medal of Honor winner. a better life for ourselves by gaining strength from the people that we love most. My American F±15C fighter aircraft accidently His resume of awards does not stop here, thoughts go out to Carmen and her family and shot down two United States UH±60 Black however, as he is recognized as America's most decorated combat soldier. His bravery in I hope that her father's love remains eternal in Hawk helicopters in northern Iraq. Mrs. Kaye numerous battles in World War II is an exam- all their hearts. Mounsey, the widow of Army WO Eric ple of the courage so many American soldiers MounseyÐa pilot of one of the helicoptersÐ f showed in this monumental struggle. resides in Culver City in my congressional dis- The Uniontown, PA American Legion Post TRIBUTE TO BOB HUNTER trict. 51 holds an annual Americanism Day each I believe that recognizing the sacrifice of year, and this year's event will take place on HON. FRANK PALLONE, JR. these members of the Armed Forces is the May 1. The American Legion has chosen to OF NEW JERSEY appropriate thing to do. While the loss of a honor Lt. Col. Matt Urban this year, and he IN THE HOUSE OF REPRESENTATIVES husband, brother, sister, or child can never be will serve as Grand Marshal of the parade compensated, it is essential that we acknowl- which marks the highlight of this special cele- Monday, April 3, 1995 edge the Nation's gratitude for the ultimate bration. I know the American Legion Post 51 Mr. PALLONE. Mr. Speaker, on Saturday, sacrifice that these Americans gave in service is extremely excited to have Lt. Col. Urban as April 1, 1995, the First Annual Bob Hunter Me- to their country. their guest of honor, and as we celebrate the morial Flounder Tournament was held at the Following the tragedy last April, the services 50th Anniversary of the conclusion of World Clam Hut Restaurant in Highland, NJ. There had decided that the incident did not meet cri- War II, I can't think of a more appropriate was a spring flounder weigh-in and other ac- teria for award of the Purple HeartÐciting the guest for this event. tivities, with proceeds benefiting the environ- accidental nature of the shoot down and the I know I join all Americans in saluting Lt. mental organization Clean Ocean Action. noncombat situation in the ``no fly'' zone. Col. Matt Urban for his courage and devotion While there have been and will continue to be However, language was included in last to the United States, and I wish the Uniontown many diverse tributes to the late Bob Hunter, year's Department of Defense appropriations American Legion Post 51 all the best in their I cannot think of one more fitting in epitomiz- conference report which urged the Secretaries 40th annual Americanism Day celebration. ing what Mr. Hunter's life meant to his many of the Army and the Air Force to review their f friends and well-wishers on the Jersey shore. decision and award the Purple Heart or other Bob Hunter has been nominated for New A TRIBUTE TO CARMEN PINA Jersey's prestigious Pinnacle Award for Excel- medal of distinction to service members killed lence by a number of individuals and organi- over northern Iraq. The deadline for reporting HON. PATRICK J. KENNEDY zations who have all been helped and sup- back to Congress on this matter was March ported by him through the years. Throughout 31, 1995. OF RHODE ISLAND IN THE HOUSE OF REPRESENTATIVES his life, he was a tireless booster of his native We have yet to hear from the military re- StateÐfor example, his restaurant always of- garding this matter, and, as a result, I am in- Monday, April 3, 1995 fered a wide variety of New Jersey wines, troducing this bill to ensure award of the Pur- Mr. KENNEDY of Rhode Island. Mr. Speak- while he always made sure Jersey seafood ple Heart for members of the Armed Forces er, I rise today to honor a young woman who was served at the promotional festivals he killed or wounded due to friendly fire while en- represents the finest qualities of human na- helped organize. His death last October has gaged in peacekeeping activities. I feel very ture. Carmen Pina, a student from the city of left a void that has been deeply felt, most strongly that if the services deem that the situ- Pawtucket, has shown her entire community acutely by his widow, Lynn, and his two ation under which these Americans were killed what it means to have grace under pressure. daughters, Maggie and Elizabeth, but also by did not merit the award, then the criteria for Carmen recently lost her father to Lou many others who had the privilege of working the medal should be modified. Gehrig's disease, a crippling illness that was with him or were just lucky enough to meet As the role and complexity of U.S. Armed emotionally draining on Carmen's entire fam- him at the Clam Hut. Forces missions have evolved, the criteria for ily. Rather than succumb to perpetual sadness Bob Hunter was born in Red Bank, NJ, and award of the Purple Heart should reflect that Carmen focused her energies on improving lived all his life in the nearby town of Rumson. evolution. In 1993 Congress included criteria the quality of her own life. Nineteen years ago, he was named general in statute to ensure award of the Purple Heart Recently Carmen has been honored with manager of the Clam Hut, one of the leading in incidents of friendly fire in combat situa- several awards that have become a testament restaurants in a town noted for fine res- tions. This legislation would amend the law to to her hard work and dedication to life. Not taurants. In the intervening years, he, along include peacekeeping missions in that criteria, only has she helped her family, natives of Por- with his wife of 17 years, Lynn Shugard, tugal, get back on the path to emotional re- whose father founded the business, brought with an effective date of January 1, 1994Ðen- cover, but she has excelled in her own work, the waterfront restaurant from a beachfront suring award of the Purple Heart to service and has been named valedictorian of the sen- stand to its present capacity of more than 300 members killed in the Iraqi friendly fire inci- ior class at Charles E. Shea High School in diners in three inside rooms and an outdoor dent. Pawtucket. Today, Carmen is 1 of 88 students deck overlooking the Shrewsbury River. As from around the country to win this years Ho- general manager, Mr. Hunter also became in- ratio Alger scholarship. This coveted award is volved in both the State and national res- reserved only for those who have overcome taurant associations, firmly believing that res- the obstacles of life and made a commitment taurants were central to New Jersey's tourism April 3, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 757 and its overall economy. During his 16 years I urge my colleagues to work against Re- Voice of Democracy Scholarship Program was with the association, Bob rose through the publican attempts to undo the laws that have started 48 years ago with the endorsement of ranks as a member of the board of directors already reduced gun violence and saved lives. the U.S. Office of Education and National As- and eventually as president. f sociation of Broadcasters, Electronic Industries Bob also maintained an active involvement Association and State Association of Broad- with the promotional activities at Sandy Hook, TRIBUTE TO ELIZABETH RAUCH casters. the Gateway National Recreation Area facility Starting in 1958, the program was con- adjacent to Highlands, known and loved by HON. JAMES M. TALENT ducted in cooperation with the Veterans of people from all over New Jersey. He could al- OF MISSOURI Foreign Wars [VFW], with the broadcasters ways be counted on to help any cause to pro- IN THE HOUSE OF REPRESENTATIVES still serving as sponsors. in 1961, the VFW as- mote New Jersey. He participated in Governor Monday, April 3, 1995 sumed sole sponsorship responsibility. At that Whitman's Sampling in Atlantic City prior to time, the national scholarship award consisted her inauguration, frequently hosted Bayshore Mr. TALENT. Mr. Speaker, I rise today to of a single $1,500 scholarship for the first pay tribute to Mrs. Elizabeth Rauch, a resident Development Office meetings for the Depart- place winner. ment of Commerce, and offered his restaurant of St. Charles, MO, who on March 11, 1995, During the past 35 years, under VFW spon- for any event to advance tourism in New Jer- was honored by Youth in Need as their 1995 sorship, the annual national scholarship have sey. He was a long-time member of the High- Celebration of Youth Honoree. been increased to 47 totaling $109,000 with lands Chamber of Commerce, and brought a Elizabeth Rauch has faithfully served her the first place winner receiving a $20,000 special passion to maintaining the lively water- community, and her outstanding leadership front business community. In his home town of abilities have contributed to the continued scholarship to the college of their choice. Rumson, Bob coached Pop Warner football, growth and development of her community. This past year, more than 126,000 students served on the zoning board of adjustment, She has dedicated her time as an active par- participated. Over 8,200 schools participated, was treasurer of the Republican Club and was ticipant in countless community efforts to as- over 4,400 VFW posts and over 4,200 auxil- a Republican committeeman for many years. sist the young people of St. Charles. Mrs. iaries sponsored the program. The total mone- Notwithstanding his Republican affiliation, Bob Rauch serves as a member of the tary value of scholarships, bonds, and awards maintained close ties with officials from both Lindenwood College Board of Directors and as provided by VFW posts, auxiliaries, districts, political partiesÐalways willing to work with chairwoman of the Academy of the Sacred county councils, departments, and national anyone who shared his devotion to improving Heart Board of Trustees Endowment Fund. amounted to over $2.5 million this past year. the economy and quality of life on the Jersey She has also been appointed to a 4-year term I commend the VFW and its Ladies Auxiliary Shore. on the Archdiocesan Development Appeal for this program and their role in promoting Mr. Speaker, it is a truly an honor for me to Council. scholastic achievement in our Nation. pay tribute to Bob Hunter, a good man and a Elizabeth Rauch promotes many civic and I am proud that the VFW and its Ladies great leader who made a difference for our charitable groups. She supports such noble Auxiliary have honored Ms. Michelle Douglas community. causes as the Academy of the Sacred Heart with this year's award. I wish Ms. Douglas all f Mother's Club, American Red Cross Junior the best in her chosen career path and in her Program, St. Joseph's Hospital, Alliance for college years. I encourage my colleagues to IN SUPPORT OF FEDERAL GUN Regional Community Health, United Way of take the time to read her thoughtful and inspir- CONTROL LEGISLATION St. Charles, Meals on Wheels, Salvation ing essay. Army, and St. Charles Historical Society. ‘‘MY VISION FOR AMERICA’’ HON. NANCY PELOSI Elizabeth Rauch is a role model for commu- OF CALIFORNIA nity service, and in fact the St. Charles Cham- (BY MICHELLE DOUGLAS) IN THE HOUSE OF REPRESENTATIVES ber of Commerce recognized her dedication Nearly everyone has a view of how Amer- Monday, April 3, 1995 and leadership by awarding her its Humani- ica ought to be; even I have a dream. Most of us would probably imagine a future where all Ms. PELOSI. Mr. Speaker, March 30 was tarian Award in 1984. She is indeed an inspi- ration to us all, and is rightfully honored for injustices are righted, where peace reigns. It the 14th anniversary of the assassination at- would be a country without problems: a par- tempt on President Ronald Reagan and the her continued service as Youth in Need's adise for everyone. But this idea alone is wounding of his press secretary, Jim Brady. 1995 Celebration of Youth Honoree. vague. In order for a vision to materialize, To commemorate that date, 82 national orga- Mr. Speaker, I commend Elizabeth Rauch there must be something concrete. nizations, representing more than 88 million on this outstanding achievement and wish her I am not saying it is necessary to have the members, joined together in a campaign to the best of luck in her future endeavors. blueprint laid out in front of us, or even to protect sane gun laws. f have a clear idea of the final vision. I am Mr. Speaker, we commemorate this anniver- only saying that each of us contributing in sary because the extreme Republican majority TRIBUTE TO MICHELLE DOUGLAS, our own way, whether large or small, will VOICE OF DEMOCRACY WINNER make a unique vision of America become re- has vowed to overturn the Federal firearms ality. Imagine each of us holding a piece of laws that we have enacted, including the a puzzle, and none of us knowing what the Brady law, the assault weapons ban, and HON. ROBERT A. UNDERWOOD final picture will be. Yet as each of us con- other firearms provisions of last year's crime OF GUAM nects our piece—our individual vision—with bill. IN THE HOUSE OF REPRESENTATIVES the others, a picture emerges, becoming These laws have begun to make America clearer as more pieces are added. Monday, April 3, 1995 safer. A poll conducted by the International Perhaps the first part of America’s vision Association of Chiefs of Police and Handgun Mr. UNDERWOOD. Mr. Speaker, I am was placed by Thomas Jefferson in the early Control, Inc. on the effectiveness of the Brady pleased to rise today to congratulate Ms. summer of 1776 as he pondered over the word- law found that background checks in 115 Michelle Douglas of Agana, Guam, for winning ing to the Declaration of Independence. His this year's Pacific Area Voice of Democracy ideas not only challenged the oppression State and local jurisdictions stopped 19,000 that stifled the daily lives of the colonists, felons and other prohibited persons from ob- broadcast scriptwriting contest. they also changed the course of history and taining handguns. Ms. Douglas is a senior at John F. Kennedy continue to guide us into the future. If Jef- The American people also continue to show High School and hopes to pursue a career as ferson were asked where his vision would strong support for gun control legislation. A a music or drama teacher. She has been hon- take this great nation two hundred years 1993 Time/CNN poll showed that 92 percent ored repeatedly for her scholastic and extra- later, he would have hardly imagined the re- of Americans supported the Brady law. curricular achievements and is a leader in sults. He could not have known how the vi- Mr. Speaker, this Republican attack on our school offices. Her patriotic essay, titled ``My sion would grow, or how important his piece gun laws is senseless. Letting more criminals Vision of America'' represents a vision of would be. Nor did he have to. buy guns will not reduce gun violence and put- America as a place dedicated to the principles When Abraham Lincoln delivered the Emancipation Proclamation to a war weary ting more guns on the streets of America will of equality and opportunity. I am proud to an- nation, he probably did not realize he was not make our streets safer. nounce that as a result of her hard work, Ms. setting the stage for future equal rights. In Let us not weaken the gun control legisla- Douglas has been awarded $1,000. fact, ethics was not the issue. He had de- tion that has begun to make our country a This monetary award comes from the Voice cided, right or wrong, that freeing the slaves safer one. of Democracy Scholarship Program. The would hold the nation together. This does E 758 CONGRESSIONAL RECORD — Extensions of Remarks April 3, 1995 not mean that the future outcome was not mon sense, Judge Nickerson ruled in favor of medal to prove it, but she was later cash- welcome. But it does show that a single act, six service members who challenged this cruel iered by the National Guard stateside be- however intended, can create astounding re- and unjust policy. cause of her sexual orientation. sults, even without great insight. So are many others, who fought in wars or These men from our history were magnifi- In striking down the law, the district court served in peace, all the while keeping their cent figures whose actions affected the fu- found it ``demeaning and unworthy of a great secret because of the fear of discharge or ture of America, making it a better place for nation to base a policy on pretense rather worse, should the straights find out. posterity. But we do not have to be presi- than truth.'' It also accurately characterized the One particularly egregious example of the dents of the country to make worthwhile scholastic distinctions on which the law relies mindset against gays resulted from the April contributions. as ``Byzantine'' and ``Orwellian.'' 1989 explosion inside a gun turret aboard the We do not have to see the final picture, or Since the decision was handed down, the battleship USS Iowa that killed 47 sailors. even plan something remarkable for our fu- court's conclusions have been echoed on edi- Looking for somebody to blame, the Navy ture in order to be ‘‘visionary.’’ We needn’t settled on a young seaman who was killed, even focus on the results of our efforts. We torial pages across the country. Few could and put forth the story that he had caused only need to work toward what we believe in, surpass the editorial published on March 31, the blast because he had been jilted by one of making a personal effort to correct prob- 1995 in the Cape Cod Times, which I am the victims. lems. The results will come, whether today proud to insert in the Record. Better that, they reasoned, than the truth, or tomorrow. A RICHLY DESERVED DEFEAT which emerged anyway, several months Let’s consider Rosa Parks. She was only an It took a federal judge to tell President later: One of the propellant bags contained everyday-type person, a poor black seam- Clinton what a great many people have unstable explosive that went off when it was stress who never had time for politics; she known for years to be true—his ‘‘Don’t ask, shoved into the breech. The story about the only tried to make enough to survive. One don’t tell’’ policy on gays in the military sailor was a crock, pure and simple. day as she sat on a bus, work out and tired, was a compromise full of flaws right from As far back as October 1991, in a speech at she was ordered to give up her seat to a Harvard, then-Governor Clinton made his po- white man. Non-violently, she refused and the start. Basically, the policy allows gays and lesbians to serve as long as they don’t sition clear—at least, he thought he did—on was arrested. permitting homosexuals to serve as equals in Her simple action became a catalyst for admit their sexuality to anyone. If they do, they will be handed an honorable discharge the military: It will be done. Thirteen many others, starting an avalanche which months later came slippage. The then-presi- turned into the Black Movement. Martin Lu- and booted through the gate. Yesterday, U.S. District Court Judge Eu- dent-elect said he would form a group to ther King championed her very thoughts and study the problem, ‘‘but I am not going to feelings by organizing bus boycotts. Thou- gene Nickerson ruled that the policy is dis- criminatory, a violation of free speech and it change my mind on it.’’ So much for his sands of others added to the vision; many pledge. were poor, and many may have thought they forces people to lie. In short, he said, the pol- icy is ‘‘inherently deceptive.’’ The ruling in- The frustration among gays and their had little to offer. But when all was done, sense of having been betrayed by the presi- the course of history was changed, once volves, and applies to, only the six service personnel who filed the suit. The Defense De- dent is understandable. There is so much again. And equality for all minorities, not anger against them from society in general just Blacks, was promoted. But that was not partment will appeal. This is the latest twist in a three-year de- and the military in particular that it’s truly the issue. The point was this: although Rosa a wonder that any of their orientation even was not the greatest martyr in history, she bate that began when then-candidate Clinton made a rock-solid promise that if elected he dare enter the services. stood up for her beliefs, and that is how vi- But the fear of gays is largely based on an sions turn into reality. would lift the ban entirely. That lit the fires, and the waffling started. ignorance that breeds intolerance and is to How can you contribute to America’s vi- be found not only in government institutions sion? It only takes a combination of your at- His first full year in office, 1993, was not a good one for The Pledge or the president. In but among religious conservatives, who have titude and pride in your country. Being gen- become a political force now and will cer- erous with your resources, helping out wher- January, the Pentagon and its supporters in Congress went on the offensive. The Joint tainly have an effect in the 1996 elections. ever possible, and using your abilities for Judge Nickerson’s ruling is a victory for good characterize a true contributor. Chiefs of Staff met with the Commander in Chief behind closed doors. When they gays and common sense, though in context My individual piece of the final vision for of the war over equality, this—alas—was but America may not become as great as those of emerged their only word was that it was a ‘‘constructive’’ meeting. a skirmish. Thomas Jefferson’s, Abraham Lincoln’s, Mr. Chairman, the six plaintiffs and their at- Rosa Park’s, or even yours. But it will be Two months later, in the semantic equiva- just as important. I cannot guarantee world lent of jogging backwards, Clinton told his torneys have won an important victory, not peace; I may not find a cure for the world’s first televised press conference that he was only for themselves but for all who have illnesses or put an end to starvation. I can, now considering segregating homosexuals, served and still serve with honor and distinc- however, dedicate my efforts along with which surprised even the military. Clinton tion. It is a victory shared most of all by those yours to the continued building of this great fumbled that one, because it soon became who challenged earlier versions of the ban in nation. After all, aren’t our combined efforts clear he hadn’t a clue as to how segregation could be done or whether it would even work years past only to have their pleas fall on deaf today the way to create the greatest vision ears. for America tomorrow? (it wouldn’t have—gays and lesbians aren’t lepers). I fully expect that the Government will ap- f As was inevitable, the gays struck back in peal this decision, and that the constitutionality A VICTORY FOR COMMON SENSE a most telling manner. At the same time in of the ban will ultimately be revisited by higher May, 1993, that Sam Nunn, chairman of the courts. But whatever may happen in the HON. GERRY E. STUDDS Senate Armed Services Committee, was on months to come, today's ruling is the begin- the road collecting comments from military ning of the end for a policy that is unworthy of OF MASSACHUSETTS and naval bases about gays in the military, our country and the brave service members IN THE HOUSE OF REPRESENTATIVES Sgt. Jose Zuniga, the Sixth Army’s 1992 who offer their lives in its service. Monday, April 3, 1995 ‘‘Soldier of the Year,’’ was packing his bags at the Presidio in San Francisco. The richly f Mr. STUDDS. Mr. Speaker, some 18 honored Sergeant Zuniga had ‘‘come out’’ months ago this House enacted legislation to earlier in the month during a gay rights TESTIMONY BEFORE SUBCOMMIT- codify the so-called ``Don't Ask, Don't Tell'' march in Washington, D.C. He did so to TEE ON INTERNATIONAL OPER- policy barring gay and lesbian Americans from prove to anyone who happened to care that gays and lesbians can be as good servicemen ATIONS AND HUMAN RIGHTS serving openly in the Armed Forces. The law and women as any of their straight peers— thus placed on the statute books was an un- and in Zuniga’s case, much better than most. precedented exercise in overt, state-sanc- The argument that Senator Nunn and so HON. FRANK R. WOLF tioned discrimination. It was, from first to last, many others believe—homosexuals are a dan- OF VIRGINIA an irrational policy supported by nothing more ger to morale, are incapable of doing battle, IN THE HOUSE OF REPRESENTATIVES than naked prejudice. are born molesters who can’t resist putting I stated at the time that I did not believe the make on their God-fearing mates in uni- Monday, April 3, 1995 such a policy could survive constitutional scru- form and all the other stuff—is dead wrong. Mr. WOLF. Mr. Speaker, I just returned from Sergeant Zuniga, who could have stayed in tiny, and that the day would come when the the closet until retirement and remained a one of the most moving hearings I have ever courts would say so. On Thursday, March 30, role model for his troops, is proof of that. So attended. Six survivors of the Chinese labor 1995, Federal District Judge Eugene H. Nick- are two Medal of Honor recipients and an camp system, the Laogai, told their stories of erson fulfilled that prediction. In a 39-page Army nurse with the rank of colonel. She life inside the prison. These are stories every opinion that is a triumph of decency and com- served with distinction in Vietnam and has a Member of Congress and every American April 3, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 759 should read. I am submitting the first three ac- baton and shackles. There were more than munist government before I was even 18 counts for the RECORD. The others will follow ten types of shackles, including thumb years old. I was arrested on September 5, in coming days. shackles, ‘‘earth’’ shackles, all kinds of wrist 1955, as was our bishop in Shanghai, Cardinal shackles, chain shackles, chain link shack- I hope all my colleagues will take these Kung, who is now in the U.S. receiving medi- les, door-frame shackles, heavy shackles, cal care. powerful stories to heart. Our China policy and others. The most simple method was to Between 1953 and 1955, the church-run does not take these brave people, and the conduct a political study class where the schools and hospitals in Shanghai were many like them who are still suffering in China prisoners needed to attend for long periods of taken over by the Communists. The church’s today, into account. time while shackled. I personally experi- other charitable institutions were simply TESTIMONY OF TANG BOIQIAO, LAOGAI SURVI- enced electric shocks and many kinds of closed. The foreign missionaries has already VOR, BEFORE THE U.S. HOUSE OF REP- shackles. been expelled as ‘‘imperialists’’. The Chinese RESENTATIVES, SUBCOMMITTEE ON INTER- The Laogai prisons used different types of priests and bishops were all targets of the NATIONAL OPERATIONS AND HUMAN RIGHTS, abuse and control than those of the deten- Communists and were either killed or ar- APRIL 3, 1995 tion centers. After I was transferred to the rested one after another. Most Christians My name is Tang Boiqiao, and I am a prison, when I was first assigned to a prison were forced to go through brainwashing. former student of the Hunan Teachers’ Col- brigade, we were shown the three unforget- They faced losing their jobs or educational lege. In July of 1989, I was arrested by the table phrases that were written on the wall opportunities, and they also faced being sent Communists because of my organizing and at the prison entrance: ‘‘Where are you? to the Laogai camps or prison to suffer be- What are you? What are you to do here?’’ participating in the Hunan students’ move- cause of their faith. Religious people were Later, in the daily ‘‘political study’’ classes, ment. I was held until July of 1990 before fi- continuously persecuted by the Communists. we needed to follow these questions with the nally being sentenced to three years deten- We did not oppose the government. We responses, ‘‘This is a prison. I am a criminal. tion. My ‘‘crime’’ was called ‘‘counter-revo- only wanted to practice our religion. But the I am here to receive reform through labor.’’ lutionary propagandizing and incitement’’. Communists said it was a crime against We also had to sing three songs at the begin- In October of that year, I was transferred to China. The sole reason I was put in jail was the Hunan Province Longxi Prison for re- ning of every ‘‘political study’’ class. The songs were ‘‘Socialism Is Good’’, ‘‘Without because I was an active Christian. I was a form through labor. In January 1991, I was member of the Legion of Mary, which is a de- unexpectedly released from prison. the Communist Party, There Would Be No New China’’, and ‘‘Emulate Lei Feng’’ (Lei vout missionary organization. I did mission- After my release, I was again arrested be- ary work. I refused to renounce our church cause of my continued involvement in the Feng was a 1950’s Chinese Communist mar- tyr). and did not want to be a part of the Com- popular movements and human rights activi- munist controlled church. ties. Following the summer of 1991, I fled I still remember the songs. The words of ‘‘Socialism Is Good’’ begin, ‘‘Socialism is Because of my faith, they put me in jail. China. In April of 1992, I entered the United They isolated me from the outside world. States and sought political asylum. My rea- good/ Socialism is good/ Everyone in a so- cialist society is improved’’. The lyrics of They tried to confuse me with all of their son for coming here today is to share with propaganda. But I knew they told lies. I you my experiences while in the Laogai. ‘‘Without the Communist Party, There Would Be No New China’’ are ‘‘Without the could not go against my conscience. I could I was first arrested in July of 1989 in not deny the truth. I could not give up my Guangdong Province, after which I was held Communist Party, there would be no new most precious gift, my faith. Many Chris- in three different detention centers where I china/ the Communist Party is united for the tians were willing to die before giving up was forced to labor with my fellow prisoners. people/ the Communist Party is united to their faith. While at the Guangdong Number 1 Detention save China/ Its leaders go forward towards At first, they sentenced me to seven years Center, I made toys which had the words the light/ It is the great leader of all the peo- in the Laogai as a ‘‘counter-revolutionary’’. ‘‘Made in China’’ in English written on them. ple.’’ The meaning of the last song is that we I was not allowed legal representation. I did I was allowed to eat only twice a day. should all be like the Communist hero Lei not even have a trial. When they found out Next, I was transferred to Changsha in Feng; ‘‘Loyal to the revolution/ Loyal to the that I had still not changed my mind after Hunan and spent more than a year at the Party/ Standing in the field, erect and my seven years, they wouldn’t let me go. Changsha Number 1 Detention Center. Dur- unwaving/ Communist thinking emits knowl- They kept me in the Laogai camp for 21 ing this time, I suffered through the darkest edge’’. I knew that this was how they would and most hopeless of existences; for more force us to reform our thinking, so I refused years. than four months straight, I was questioned to sing the three songs. The police used The Chinese Communists cannot tolerate about my case an average ten hours a day, in many methods of trying to intimidate and religion, especially the Christian religion. what the Communists call ‘‘exhaustive tac- coerce me into cooperating, and in the end I They have a hatred for anything which in- tics’’. This Laogai forced its prisoners to was sent to the ‘‘prison of prisons’’—solitary volves a belief in any God above or beyond produce matchboxes. There were no labor re- confinement. Its length and height are bare- human kind. To this day, they are still per- wards, but every month the cellmates which ly enough for a man’s size, and it has solid secuting and imprisoning religious believers. had the highest production numbers were walls with only a tiny slot on the door. It I would like to now give you some exam- given one cheap cigarette a day. The police very easily makes men think like an animal ples of the systematic abuse and persecution forced the prisoners to work day and night so in a cage. It can be said that being confined of the Laogai camps. These Laogai camps are that they could report increased production in a small cage for a long period of time will in no way like the prisons we know of in this output and receive cash incentives. We would certainly make any man go insane. country. Words are not enough to convey the work for at the least twelve hours a day. The These are only some of the stories of my horrible, day to day realities of prisoners in longest day was one when we worked for 23 time in the Laogai. Yet all of the mistreat- the Laogai. and a half hours, with a half-hour food ment and abuse I suffered in the Laogai is Physically, we were always hungry, tired, break. just a drop of water in a great river. When and filthy. The women were forced to do Because I would refuse to work, the public you think of all of the abuses of the millions heavy labor, like plowing the desert, raising security police would often arrange for the of Chinese citizens still condemned to the cattle, or running a tea farm. They physical other prisoners to abuse and beat me. One Laogai, my story is just the tip of the ice- tortures on our bodies were so extreme that day, I was beaten three different times by berg. Thank you for your time in listening to menstruation ceased in many of the women. seven or eight young prisoners, two of whom my personal story of the terrors of the This puts great strain on both a woman’s were convicted murderers. The first time, be- Laogai. body and her mind. There were never any cause I was unwilling to be forced to labor, TESTIMONY OF CATHERINE HO, LAOGAI SURVI- medical treatments of this or other sick- they beat me until I bled from the eyes, ears, VOR, BEFORE THE U.S. HOUSE OF REP- nesses. nose and mouth; the second time, because I RESENTATIVES, SUBCOMMITTEE ON INTER- Despite these exhaustive and grueling con- resisted when they tried to force me to kneel NATIONAL OPERATIONS AND HUMAN RIGHTS, ditions, we were forced to produce high level down, they used anything they could find in APRIL 3, 1995 products. For example, I was in a Laogai the cell to beat me, including a wooden My name is Catherine Ho, one of the goals camp tea farm for about ten years. The stool, heavy wooden sticks, and metal cups of the Laogai camps is to break the human women prisoners were forced to plant trees, and bowls; the last time they beat me while spirit through torture of the body. But even take care of the plants, and then process the I couldn’t move and lay on the floor hunched worse than the bodily abuses is the unceas- tea leaves into red or green tea. I spent an- over. At this, the public security police still ing assault on the prisoner’s thoughts and other four years weaving silk and cloth in a were not satisfied, so that evening they held individual will. This is especially true of the Laogai factory. On the surface, it was a tex- a ‘‘struggle meeting’’ and ordered every pris- suffering endured by the millions of women tile factory in Hangzhou, but the workers oner in the Laogai to viciously beat me. condemned to the Laogai. were all women prisoners doing forced labor. That night, I developed a fever of 104 degrees, I was born into a well-educated family in In the factory, there were two constant pres- which persisted for more than a week. I was Shanghai. My decent parents sent me to an sures upon us: first was the physical fatigue, unable even to sit upright. excellent Catholic high school. I became a I was forced to work very hard for fourteen While there were many methods used in Christian while there. I studied very hard, hours a day. I had to fight exhaustion just to torturing people at this Laogai, the most and should have had a bright future. Instead, keep from falling into the machines; second often used tools were the electric police I was arrested and imprisoned by the Com- was the constant supervision, since we were E 760 CONGRESSIONAL RECORD — Extensions of Remarks April 3, 1995 told that the products we made were for ex- ing to my story. I hope that you may better Forest Service [FS] grazing permits until the port to foreign countries, they watched our understand the realities of the Laogai FS completes its obligations under the Na- every move to be sure we made no mistakes. through my account of it. tional Environmental Policy Act [NEPA]. If there were mistakes or someone did not TESTIMONY OF FATHER CAI ZHONGXIAN, appear to be working hard, we were severely Roughly half of the 9,000 term grazing per- LAOGAI SURVIVOR, BEFORE THE U.S. HOUSE mits issued on 90 million acres of National punished. They used ankle fetters, handcuffs, OF REPRESENTATIVES, SUBCOMMITTEE ON Forest System lands will expire by the end of solitary confinement, and other means to INTERNATIONAL OPERATIONS AND HUMAN punish us. RIGHTS, APRIL 3, 1995 1996. Some of these permits have already ex- Today, I often wonder if the tea I drink or My name is Cai Zhongxian. I am a Catholic pired, and ranchersÐby no wrongdoing of the silk I weave comes from a Laogai camp priest. their ownÐhave been denied their right to and is made by all those poor Laogai slaves graze their livestock due to bureaucratic red still suffering in China. I was ordained in 1940. I was arrested and Daily, we were assaulted mentally. We charged as a counter-revolutionary in 1953 tape. The FS is required to conduct analyses were continually brainwashed. We were not because of my refusal to cooperate with the to ensure that permits comply with NEPA, but allowed to say our prayers or to read the Communist authorities and denounce the the sheer volume of work has resulted in the Bible. I remember clearly my first day in the Roman Catholic Church. I was unexpectedly FS's denying to reissue some permits be- detention center. I knelt down on the muddy released without explanation in 1956. It cause it is unable to complete NEPA docu- ground, bowed my head, and begged to the turned out that the Communists hoped that the leniency showed to me would convince mentation. My bill would extend these permits Lord to give me strength. A warden imme- until the FS completes its obligations under diately scolded me, ‘‘Who told you to kneel me to collaborate with the Party to persuade down? Even at the door of death, you keep up other Catholics to become members of the NEPA. your superstitions. This is a counter-revolu- officially sanctioned ‘‘Patriotic Catholic My legislation would ensure fair treatment of tionary activity.’’ In the Laogai, we were not Church’’. This ‘‘Patriotic Catholic Church’’ law-abiding ranchers. These ranchers ought allowed to hear and read anything but Com- is nothing more than a Communist puppet not be punished because the FS cannot com- munist propaganda. We had to spend two organization. When I refused to cooperate, I plete its NEPA obligations on time. It is pa- hours every day reading Mao’s book and re- was once again arrested. I was detained tently unfair that some permits have already citing the prison regulations. I remember twice for a total of seven years at the Shang- hai Detention Center, without charge or been denied reissuance, and thousands of one sixty-year-old Sister who made a set of ranchers with permits on the brink of expira- small rosary beads out of a thread so it trial, until I was finally sentenced to a fif- would not be discovered and be confiscated teen-year term in 1960. tion face the same predicament. If the law is by the guards. This continuous brainwashing I was then sent to a Laogai camp in going to require the FS to jump through bu- helped destroy all human love and was a de- Jiangxi Province which served as a brick fac- reaucratic hoops, they ought to have time to nial of all basic human rights. tory. I avoided dying of starvation mostly do it before the permits of honest, hard-work- Spiritually, it was a constant struggle. We because I supplemented the rationed food by ing ranchers are arbitrarily denied. faced constant despair, and always heard the eating frogs, snakes, and rats. The ranchers I know hold up their end of In 1962, five other priests and I were con- discouraging and threatening comments of the bargain; they are good stewards of the the authorities. A prisoner had to confess fined in a six-by-twelve foot windowless her crime everyday, which meant scolding room that was filled with four inches of land, they fulfill their obligations, and they oneself and accusing oneself of being guilty standing water. Despite this ill-treatment have every right to expect the Government to of the greatest crimes against the people and and other inhumane conditions, I continued get its job done. They ought not be punished government. Every prisoner was degraded. my services as a Catholic clergy. I even suc- because our nation's environmental laws are They minimized their own value of being cessfully converted some of the guards who unreasonable and inflexible. My bill would ex- human. They were separated from their fam- were charged to watch us to Catholicism. tend their grazing permits until the FS com- ilies and society. They were tortured in a At the completion of my sentence, I was 62 pletes its NEPA documentation, so that no dark hell that had no foreseeable end. They years old. I was not fully released at that fought the despair and hopelessness of think- time. The government forced me to accept rancher is denied a permit because of bureau- ing that they were to spend the rest of their ‘‘forced-job-placement’’ in the Laogai camp cratic delays. lives as slaves in the Laogai. because I was originally charged with a The FS, to its credit, has expressed a will- One woman refused to work on Sundays. ‘‘counter-revolutionary crime’’. I knew that ingness to work out this problem, but actions She would say prayers instead of singing rev- a ‘‘forced-job-placement’’ assignment meant speak louder than words. The fact is that olutionary songs in front of Mao’s portrait. a life sentence laboring at the Laogai. I la- ranchers are being denied permits, through no One day, she was dragged out to the field bored at the Nanchang Number 4 Prison for fault of their own. That is simply unacceptable where we were working and beaten to death eleven years as a ‘‘forced-job-placement’’ and my bill will fix it. in front of all of us. worker. I said the Communists aim was to torture In 1981, at the age of 74, I was again ar- I ask unanimous consent that a copy of the the body and break the human spirit in rested for my continued activities as a legislation appear in the RECORD after my every possible way and at every possible op- Catholic priest. I was sentenced to serve an- statement. portunity. When the warden told me my other ten-year term as a Laogai slave. In H.R. 1375 lovely sister had died, he simply said, ‘‘The 1988, I was released fully as a token of good People’s Government acted humanely . . . it will towards Filipino Bishop Sinhemai. I was Be it enacted by the Senate and House of Rep- is all over now . . . you should not cry be- 81 years old at the time of my release. resentatives of the United States of America in cause that’s against the rules and it would I served a total of thirty-three years in the Congress assembled, have a bad effect on the feelings of the oth- Laogai. I can’t begin to tell you how many SECTION 1. AUTOMATIC EXTENSION OF NA- ers about thought reform’’. They succeeded people disappear completely for every one TIONAL FOREST SYSTEM GRAZING to the point where to many it looked like that survives. Thank you for inviting me PERMITS PENDING COMPLETION OF there was no future and no hope. The pris- here. I hope I have helped you gain an under- FINAL AGENCY ACTION. oners in the Laogai camp were always in a standing of the Communist government’s (a) EXTENSION.—The term of each expiring deep depression. I myself prayed to God to willingness to use the Laogai to destroy its term grazing permit issued for lands within let me die. I wanted to die more than I want- citizens lives. the National Forest System is hereby ex- ed to live because the circumstances were f tended to cover the period beginning on the too horrible. Even if you didn’t want to con- expiration date of the permit and ending on tinue living under those circumstances, they EXTENSION OF EXPIRING NA- the date on which the Secretary of Agri- wouldn’t let you die. There was a constant TIONAL FOREST SERVICE GRAZ- culture completes final agency action in con- suicide watch. ING PERMITS PENDING FINAL nection with the renewal of the permit. The God sustained us nonetheless. My faith extension shall apply to the holder of the ex- preserved me. God’s Grace helped me live AGENCY ACTION piring term grazing permit, subject to the through this nightmarish journey. Finally, same terms and conditions as apply to the my prayers were answered. After my parents HON. WES COOLEY expiring term grazing permit. had written many, many letters to the gov- OF OREGON (b) EXCEPTION.—Subsection (a) shall not ernment from Hong Kong, my husband, my apply if the holder of an expiring term graz- IN THE HOUSE OF REPRESENTATIVES son, and I were allowed to leave the Laogai ing permit is not in compliance with the in December 1978. Monday, April 3, 1995 terms and conditions of the permit at the Today, I sit before you to take this oppor- time the permit is originally due to expire. Mr. COOLEY. Mr. Speaker, today I am in- tunity to tell you the truth. To tell you the (c) ADMINISTRATIVE APPEAL AND JUDICIAL facts as I have myself experienced. But I troducing legislation to prevent bureaucratic REVIEW.—The extension of expiring term speak not for myself, but for the thousands delays from hurting working ranchers that grazing permits under subsection (a) shall of brothers and sisters who are still living graze their livestock on National Forest Sys- not be subject to administrative appeal or this terrible existence. Thank you for listen- tem lands. My legislation would extend U.S. judicial review. April 3, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 761 (d) DEFINITIONS.—For purposes of this sec- Tony C. Marshall, Jr., Washington High The Social Security tax should be elimi- tion: School, Yvonne Olivarez, Dorsey High School, nated. I encourage my colleagues to take this (1) EXPIRING TERM GRAZING PERMIT.—The Oscar Sosa, Eagle Rock High School, Daniel first step toward resolution and to support the term ‘‘expiring term grazing permit’’ means a term grazing permit— Tekleab, Venice High School, Domikian Ware, repeal of the Clinton Social Security tax hike (A) that expires in 1995 or 1996; or Hamilton High School, and Sharon Williams, as included in H.R. 1215. (B) that expired in 1994 and has not been Monrovia High School. f replaced with a new term grazing permit The sharing of perceptions through candid solely because the analysis required by the discussion is a major feature of the program. HONORING NATALIE ROBERTS National Environmental Policy Act of 1969 These young leaders are provided an extraor- (42 U.S.C. 4321 et seq.) and other applicable dinary opportunity to spend more than a week HON. ELIOT L. ENGEL laws has not been completed. meeting with community leaders to learn more (2) FINAL AGENCY ACTION.—The term ‘‘final OF NEW YORK about challenges they face. This provides a agency action’’ means agency action regard- IN THE HOUSE OF REPRESENTATIVES great opportunity for modeling and building ing an expiring term grazing permit in Monday, April 3, 1995 which— long-term relationships. (A) any analysis required by the National For many who leave their neighborhoods for Mr. ENGEL. Mr. Speaker, after a distin- Environmental Policy Act of 1969 (42 U.S.C. the very first time, it is a remarkable oppor- guished career of almost 40 years of service 4321 et seq.) and other applicable laws has tunity to broaden their cultural horizons. I sa- to the children of the Bronx, my good friend been completed; and lute the Young Ambassadors Program for pro- Natalie Roberts will be retiring from the New (B) all available administrative remedies viding a life-changing, positive experience for York City educational system. have been exhausted. young people. I also salute Mr. Shintaro Tsuji (3) HOLDER.—The term ‘‘holder’’ includes Natalie Roberts started her career as a the purchaser of a term grazing permit hold- and Mr. Kunihiko Tsuji for their thoughtful con- teacher in 1955 and later became an assistant er’s permitted livestock or base property if— cern and action on behalf of our mutual com- principal, and finally a principal in the New (A) between January 1, 1995, and December munities. York City schools. 1, 1996, the holder has waived the term graz- f Natalie has served as vice president of the ing permit to the Secretary pursuant to sec- New York City Elementary Principals' Associa- tion 222.3(c)(1)(iv) of title 36, Code of Federal REGARDING THE REPEAL OF THE tion and the New York City Administration Regulations; and 1993 CLINTON SOCIAL SECURITY Women in Education. She has served as a (B) the purchaser of the term grazing per- TAX mit holder’s permitted livestock or base mentor to others and has been honored by property is eligible and qualified to hold a B'nai B'rith and the Association of Jewish Pro- term grazing permit. HON. CHRISTOPHER H. SMITH fessionals. In addition, she was the recipient (4) TERM GRAZING PERMIT.—The term ‘‘term OF NEW JERSEY of the Distinguished Education Award from the grazing permit’’ means a grazing permit or IN THE HOUSE OF REPRESENTATIVES Association for Curriculum Development. grazing agreement issued by the Secretary of I join with her family, friends, and colleagues Agriculture for a specified term under sec- Monday, April 3, 1995 in saying to Natalie: Job Well Done. tion 402 of the Federal Land Policy and Man- agement Act of 1976 (43 U.S.C. 1752), section Mr. SMITH of New Jersey. Mr. Speaker, this f 19 of the Act of April 24, 1950 (commonly week we will have the opportunity to right the known as the ‘‘Granger-Thye Act’’) (16 U.S.C. wrong done to America's seniors only 2 years A TRIBUTE TO SELENA 580l), or other law. ago when President Clinton pushed through f CongressÐagainst the vote of every Repub- HON. HENRY BONILLA licanÐa tax package raising the tax on Social OF TEXAS TRIBUTE TO YOUNG Security benefits. IN THE HOUSE OF REPRESENTATIVES AMBASSADORS PROGRAM The Clinton tax hike increased the financial burden on some 9 million middle-income sen- Monday, April 3, 1995 HON. LUCILLE ROYBAL-ALLARD iors by an estimated $500 per year. And let us Mr. BONILLA. Mr. Speaker, ever so often, OF CALIFORNIA not forget that the Clinton tax package hit sen- someone comes along who rises above the IN THE HOUSE OF REPRESENTATIVES iors in other ways as well, including the in- crowd, yet is so well grounded that we all feel creased energy tax and increased Medicare special. Selena was like that. Despite inter- Monday, April 3, 1995 premiums. national recognition and having been awarded Ms. ROYBAL-ALLARD. Mr. Speaker, I Furthermore, this was all laid on top of al- the highest honors in the music industry, she would like to commend the Young Ambas- ready inequitable circumstances such as the always remained ``de nosotros.'' sadors Program for facilitating and promoting ``notch'' disparity and the Social Security earn- She brought a great deal of pride to the cultural and racial understanding between the ings test. After years of service to their Nation Mexican-American community of Texas. United States and Japan. In 1990, the first as workers, soldiers, mothers and fathers, Adults respected her for her promotion of fam- delegation of Los Angeles area students and America's seniors hardly deserve this biased ily values. Young people took pride in her community leaders initiated the program with a treatment in their retirement years. achievements. We all enjoyed her music and visit to Japan. The Sixth Young Ambassador It wasn't until the mid-1980's that the Fed- admired her great beauty and talent. delegation will travel to Japan between April 6 eral Government began to tax seniors' Social It is ironic that we lost Selena during the and 14, 1995. Security benefits. At that timeÐand against spring when the most beautiful and colorful of The Young Ambassadors Program was my vote, I might addÐCongress applied Fed- Texas flowers open up and bloom. We were founded by Sanrio Co., Ltd., a Japanese com- eral income taxes to 50 percent of Social Se- looking forward to seeing her blossom. Yet, pany specializing in small gift items. Mr. curity benefits for seniors earning $25,000 as she will always remain near in our hearts. Shintaro Tsuji, president of Sanrio Co., Ltd. individuals or $32,000 as couples. President We have her music and we have our pre- and his son, Kunihiko, Tsuji, president of Clinton increased to 85 percent the amount of cious memories. She loved her, husband, her Sanrio Communications, Inc. have been in- income subject to taxation for seniors making family, and usÐher fansÐand we loved her, strumental in supporting and nurturing the pro- only $34,000 a year. too. She will be missed. gram. The only message this conveys is that care- f The delegation is composed of eight high ful savings and planning for retirement do not school students. Reflecting the rich diversity of pay off. Is this the message we want to send HONORING STANLEY O. IKEN- the Los Angeles area, the students include im- to American workers? BERRY UPON HIS RETIREMENT migrants from Eritrea, El Salvador, and Korea. Furthermore, the Social Security tax is a American-born African-American, Mexican- clear violation of the pact with America's sen- HON. THOMAS W. EWING American, white and multiracial students are iors which the Social Security Program rep- OF ILLINOIS also in the delegation. Over the past 5 years, resents. Seniors work hard all their life and IN THE HOUSE OF REPRESENTATIVES more than 23 different ethnicities have been have a substantial portion of their income represented in the program. taken from their pay check and placed in hold- Monday, April 3, 1995 Current delegates include: Shameka Allen, ing for their retirement as Social Security ben- Mr. EWING. Mr. Speaker, this week the Illi- Granada Hills High School, Er-Gene Kahng, efits. To tax this income when seniors collect nois congressional delegation and alumni of Los Angeles Center for Enriched Studies, it is no less than double taxation. the University of Illinois in the Washington, DC E 762 CONGRESSIONAL RECORD — Extensions of Remarks April 3, 1995 area will honor University of Illinois President ment of research, and distinguished service to Archbishop Flores, upon his 1970 installa- Stanley O. Ikenberry. At the conclusion of this students at the University of Illinois, as well as tion as bishop, was the first Mexican-American academic year, President Ikenberry will be re- all of the people of Illinois and our country. We elevated to the hierarchy of the Catholic tiring from his post after 16 years of outstand- cannot thank him enough for his contributions Church in the United States. I cannot empha- ing service to the University of Illinois, the toward the betterment of all our lives. size the importance of this accomplishment to Champaign-Urbana community, the entire f the hundreds of thousands of Catholic Ameri- State of Illinois and indeed to the country. His cans of Mexican descent. It is fitting that we TRIBUTE IN HONOR OF THE 25TH daily presence in the president's office will be will mark this special occasion at Mission San ANNIVERSARY OF ARCHBISHOP deeply missed, but his influence will be felt for Jose, one of the early outposts of Spanish Ca- PATRICK F. FLORES’ SERVICE many years to come. tholicism in the New World. And now one of Among the highlights of President the students of those early missionaries cele- Ikenberry's tenure are the establishment of the HON. FRANK TEJEDA brates 25 years as a bishop. University of Illinois at Chicago campus, the OF TEXAS But more important than the honor is what Beckman Institute for Advanced Science and IN THE HOUSE OF REPRESENTATIVES Archbishop Flores has accomplished. In the Technology, the President's Award and Uni- Monday, April 3, 1995 early 1970's, he broke new ground in his ef- versity Scholars Programs, and the National forts to establish the Mexican-American Cul- Center for Supercomputing Applications, in ad- Mr. TEJEDA. Mr. Speaker, in the rush of dition to construction of a host of new aca- our congressional lives, it is fitting that we take tural Center in San Antonio, the National demic buildings and laboratory space. Presi- a moment to reflect on the work and accom- Foundation for Mexican-American Vocations, dent Ikenberry's leadership and dedication to plishment of the Most Reverend Patrick F. Flo- and the National Hispanic Scholarship Fund. these and other projects have earned the Uni- res, archbishop of San Antonio. His life rep- He served as chairman of the Texas Advisory versity of Illinois its continued paramount rep- resents devotion to community, respect for his Committee to the U.S. Commission on Civil utation in the academic and scientific research fellow man, and tireless work to assist the less Rights, was recognized by the American Jew- community not only in Illinois but throughout fortunate. In just a few weeks, we will gather ish Committee for his humanitarianism, and the country. Indeed, President Ikenberry's vi- in San Antonio, within the historic walls of Mis- received the Medal of Freedom in conjunction sionary and bold leadership over the years sion San Jose, to pay a most deserved tribute with the Statue of Liberty's 100th anniversary. has helped to establish the University of Illi- to Archbishop Flores on the 25th anniversary To serve his community, he established an nois as one of the premier and most highly-re- of his Episcopal ordination. It is my privilege to annual December telethon to help the needy spected research institutions throughout the highlight this special event for my colleagues cope with temporary housing and medical world. in the House of Representatives. emergencies. In this same vein, he sponsors On a personal note, President Ikenberry has I should begin with some of the basics. He an annual breakfast for a battered women's been a good friend and someone with whom was born in Ganado, TX, a small town be- shelter, and raises money to fight diabetes it has been a fine pleasure to work closely tween Victoria and Houston on what is now and help handicapped children. with over many years both as a Member of Highway 59. He entered the priesthood on His dedication speaks for itself. His commit- Congress and during my service in the Illinois May 26, 1956, with his ordination at St. Mary's ment to the less fortunate is evident. His work General Assembly. I am pleased that Stan Cathedral in Houston. On March 18, 1970, for the community is legion. The benefits of and his wife Judith will continue to call Urbana Pope VI appointed him to serve as auxiliary to his work extend beyond the immediate recipi- home and I look forward to continuing our the archbishop in San Antonio. After a brief entsÐwe benefit from the repaired lives in our friendship in the years ahead. period as bishop of the diocese of El Paso, communities and the example he sets for us Mr. Speaker, on behalf of the entire Illinois TX, Bishop Flores was elevated to archbishop and our children. Now it is fitting that we ex- delegation I offer our congratulations to Presi- of San Antonio on October 13, 1979. Pope press our gratitude. dent Ikenberry for his life-long commitment to John Paul II, on May 25, 1982, conferred the the highest quality education, the advance- pallium on Archbishop Flores. April 3, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 763 SENATE COMMITTEE MEETINGS ricultural Research Service, Coopera- partment of Defense, focusing on Navy tive State Research, Education, and and Marine Corps programs. Title IV of Senate Resolution 4, Extension Service, Economic Research SD–106 agreed to by the Senate on February 4, Service, and the National Agricultural Appropriations 1977, calls for establishment of a sys- Statistics Service, all of the Depart- VA, HUD, and Independent Agencies Sub- tem for a computerized schedule of all ment of Agriculture. committee meetings and hearings of Senate com- SD–138 To hold hearings on proposed budget es- mittees, subcommittees, joint commit- Appropriations timates for fiscal year 1996 for the Fed- tees, and committees of conference. Commerce, Justice, State, and the Judici- eral Emergency Management Agency. This title requires all such committees ary Subcommittee SD–138 to notify the Office of the Senate Daily To hold hearings on proposed budget es- Commerce, Science, and Transportation Digest—designated by the Rules Com- timates for fiscal year 1996 for the Im- Business meeting, to mark up S. 565, to migration and Naturalization Service, regulate interstate commerce by pro- mittee—of the time, place, and purpose and the Bureau of Prisons, both of the viding for a uniform product liability of the meetings, when scheduled, and Department of Justice. law. any cancellations or changes in the S–146, Capitol SR–253 meetings as they occur. Governmental Affairs As an additional procedure along To continue hearings on the earned in- Finance with the computerization of this infor- come tax credit. To hold hearings to examine issues relat- mation, the Office of the Senate Daily SD–342 ed to the Consumer Price Index. SD–215 Digest will prepare this information for Judiciary 10:00 a.m. printing in the Extensions of Remarks Business meeting, to mark up S. 343, to reform the Federal regulatory process. Appropriations section of the CONGRESSIONAL RECORD SD–226 Commerce, Justice, State, and the Judici- on Monday and Wednesday of each Labor and Human Resources ary Subcommittee week. To hold hearings to examine activities of To hold hearings on proposed budget es- Meetings scheduled for Tuesday, the Department of Health and Human timates for fiscal year 1996 for the Na- April 4, 1995, may be found in the Daily Services’ Food and Drug Administra- tional Oceanic and Atmospheric Ad- Digest of today’s RECORD. tion, focusing on the future of Amer- ministration, and the National Insti- ican biomedical and food industries. tute of Standards and Technology, MEETINGS SCHEDULED SD–430 both of the Department of Commerce. Select on Intelligence S–146, Capitol APRIL 5 To hold hearings to examine allegations Environment and Public Works 9:00 a.m. of U.S. involvement in two murders in Transportation and Infrastructure Sub- Joint Economic Guatemala. committee To resume hearings to examine the Ad- SD–106 To resume hearings on S. 440, to provide ministration’s proposal to raise the 1:30 p.m. for the designation of the National minimum wage. Appropriations Highway System, focusing on issues re- 1100 Longworth Building Transportation Subcommittee lated to the Woodrow Wilson Bridge 9:30 a.m. To hold hearings on proposed budget es- and the innovative financing of trans- Appropriations timates for fiscal year 1996 for the Fed- portation facilities. VA, HUD, and Independent Agencies Sub- eral Aviation Administration, Depart- SD–406 committee ment of Transportation. Judiciary To hold hearings on proposed budget es- SD–138 To hold hearings to examine the right to timates for fiscal year 1996 for the Na- 2:00 p.m. tional Aeronautics and Space Adminis- Foreign Relations own property. tration. African Affairs Subcommittee SD–226 SD–192 To hold joint hearings with the House Joint Economic Armed Services Committee on International Relations’ To hold hearings to examine the eco- Personnel Subcommittee Subcommittee on African Affairs to ex- nomic effects of a proposed $500-per- To resume hearings on proposed legisla- amine the crisis in Rwanda and Bu- child expanded family tax credit. tion authorizing funds for fiscal year rundi. SD–562 1996 for the Department of Defense and SR–325 Commission on Security and Cooperation the future years defense program, fo- Judiciary in Europe cusing on the Department of Defense Antitrust, Business Rights, and Competi- To hold hearings to examine United Na- Quality of Life Programs. tion Subcommittee tion and NATO activities in the former SH–216 Business meeting, to consider pending Yugoslavia, focusing on the develop- Energy and Natural Resources calendar business. Forests and Public Land Management Sub- ment of a new mandate for United Na- SD–226 committee tion peacekeepers in Croatia and ef- 2:30 p.m. To hold oversight hearings on the U.S. forts to restore peace and stability in Armed Services Forest Service land management plan- Bosnia- Herzegovina. Airland Forces Subcommittee ning process. 2261 Rayburn Building To hold hearings on the future of the SD–366 2:00 p.m. North Atlantic Treaty Organization Environment and Public Works Armed Services (NATO). Superfund, Waste Control, and Risk As- Acquisition and Technology Subcommittee SR–222 sessment Subcommittee To resume hearings on proposed legisla- To resume oversight hearings on the im- APRIL 6 tion authorizing funds for fiscal year plementation of the Comprehensive 1996 for the Department of Defense and 9:00 a.m. Environmental Response, Compensa- the future years defense program, fo- Labor and Human Resources tion, and Liability Act (P.L. 102-426). cusing on the implementation of acqui- SD–406 Business meeting, to mark up S. 454, to sition management reform. Finance reform the health care liability system SR–232A To hold hearings to examine various flat and improve health care quality tax proposals. through the establishment of quality Banking, Housing, and Urban Affairs SD–215 assurance programs; to be followed by Securities Subcommittee Indian Affairs hearings to continue to examine activi- To hold hearings to examine securities To hold hearings on providing direct ties of the Department of Health and litigation reform proposals. funding through block grants to tribes Human Services’ Food and Drug Ad- SD–538 to administer welfare and other social ministration, focusing on the future of service programs. American biomedical and food indus- APRIL 7 SR–485 tries. 9:30 a.m. 10:00 a.m. SD–430 Joint Economic Appropriations 9:30 a.m. To hold hearings to examine the employ- Agriculture, Rural Development, and Re- Appropriations ment-unemployment situation for lated Agencies Subcommittee Defense Subcommittee March. To hold hearings on proposed budget es- To hold hearings on proposed budget es- SD–562 timates for fiscal year 1996 for the Ag- timates for fiscal year 1996 for the De- E 764 CONGRESSIONAL RECORD — Extensions of Remarks April 3, 1995 10:00 a.m. be Medical Director in the Regular MAY 11 Commission on Security and Cooperation Corps of the Public Health Service, De- 10:00 a.m. in Europe partment of Health and Human Serv- Appropriations To hold a closed briefing on the United ices. Interior Subcommittee Nations High Commissioner for Refu- SH–216 To hold hearings on proposed budget es- gees (UNHCR) activities and concerns timates for fiscal year 1996 for the Bu- in the former Yugoslavia and several of MAY 3 reau of Indian Affairs, Department of the newly independent states of the the Interior. former Soviet Union. 9:30 a.m. SD–116 2255 Rayburn Building Appropriations VA, HUD, and Independent Agencies Sub- 1:00 p.m. Appropriations APRIL 26 committee To hold hearings on proposed budget es- Interior Subcommittee 9:30 a.m. To hold hearings on proposed budget es- Appropriations timates for fiscal year 1996 for the En- vironmental Protection Agency, the timates for fiscal year 1996 for the In- Interior Subcommittee dian Health Service, Department of To hold hearings on proposed budget es- Council on Environmental Quality, and the Agency for Toxic Substances and Health and Human Services. timates for fiscal year 1996 for energy SD–116 conservation. Disease Registry. SD–192 2:00 p.m. SD–116 Appropriations 10:00 a.m. 10:00 a.m. Labor, Health and Human Services, and Appropriations Appropriations Education Subcommittee Agriculture, Rural Development, and Re- Agriculture, Rural Development, and Re- To hold hearings to examine access to lated Agencies Subcommittee lated Agencies Subcommittee abortion clinics. To hold hearings on proposed budget es- To hold hearings on proposed budget es- SD–192 timates for fiscal year 1996 for the Food timates for fiscal year 1996 for the De- and Consumer Service, Department of partment of Agriculture. MAY 17 Agriculture. SD–138 SD–138 9:30 a.m. Appropriations MAY 4 Appropriations Commerce, Justice, State, and the Judici- Interior Subcommittee ary Subcommittee 10:00 a.m. To hold hearings on proposed budget es- To hold hearings on proposed budget es- Appropriations timates for fiscal year 1996 for the Na- timates for fiscal year 1996 for the Transportation Subcommittee tional Park Service, Department of the Legal Services Corporation. To hold hearings on proposed budget es- Interior. S–146, Capitol timates for fiscal year 1996 for the SD–192 11:00 a.m. United States Coast Guard, Depart- Appropriations ment of Transportation. MAY 24 Interior Subcommittee SD–192 9:30 a.m. To hold hearings on proposed budget es- 2:00 p.m. Appropriations timates for fiscal year 1996 for fossil Appropriations Interior Subcommittee energy, clean coal technology, Strate- Labor, Health and Human Services, and To hold hearings on proposed budget es- gic Petroleum Reserve, and the Naval Education Subcommittee timates for fiscal year 1996 for the Petroleum Reserve. To hold hearings on proposed budget es- United States Fish and Wildlife Serv- SD–116 timates for fiscal year 1996 for the Na- ice, Department of the Interior. tional Institutes of Health, Depart- SD–192 APRIL 27 ment of Health and Human Services. 10:00 a.m. SD–192 JUNE 6 Appropriations Appropriations 9:30 a.m. Transportation Subcommittee Treasury, Postal Service, and General Gov- Appropriations To hold hearings on proposed budget es- ernment Subcommittee Interior Subcommittee timates for fiscal year 1996 for the Fed- To hold hearings on proposed budget es- To hold hearings on proposed budget es- eral Transit Administration, Depart- timates for fiscal year 1996 for the De- timates for fiscal year 1996 for the De- ment of Transportation. partment of the Treasury and the Of- partment of the Interior. SD–192 fice of Management and Budget. SD–138 SD–138 MAY 2 9:30 a.m. MAY 5 POSTPONEMENTS Appropriations Interior Subcommittee 9:30 a.m. To hold hearings on proposed budget es- Appropriations APRIL 6 timates for fiscal year 1996 for the For- VA, HUD, and Independent Agencies Sub- 10:00 a.m. est Service of the Department of Agri- committee Foreign Relations culture. To hold hearings on proposed budget es- Near Eastern and South Asian Affairs Sub- SD–138 timates for fiscal year 1996 for Environ- committee Labor and Human Resources mental Protection Agency science pro- To hold hearings to examine the Arab To hold hearings on the nomination of grams. boycott of Israel. Henry W. Foster Jr., of Tennessee, to SD–138 SD–419 Monday, April 3, 1995 Daily Digest

HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate agreed to Conference Report on Self-Employed Health Insurance Tax Credit. Senate Pending: Chamber Action Hatfield Amendment No. 420, in the nature of a Routine Proceedings, pages S5025–S5085 substitute. Measures Introduced: Three bills and one resolu- D’Amato Amendment No. 427 (to Amendment tion were introduced, as follows: S. 660–662, and S. No. 420), to require Congressional approval of ag- Res. 99. Pages S5073, S5076 gregate annual assistance to any foreign entity using the exchange stabilization fund established under Measures Reported: Reports were made as follows: section 5302 of title 31, United States Code, in an S. 523, to amend the Colorado River Basin Salin- amount that exceeds $5 billion. ity Control Act to authorize additional measures to Murkowski/D’Amato Amendment No. 441 (to carry out the control of salinity upstream of Imperial Amendment No. 427), of a perfecting nature. Dam in a cost-effective manner, with an amendment Daschle Amendment No. 445 (to Amendment in the nature of a substitute. (S. Rept. No. 104–24) No. 420), in the nature of a substitute. S. 641, to reauthorize the Ryan White CARE Act Pages S5050±66 of 1990. (S. Rept. No. 104–25) Page S5073 Dole (for Ashcroft) Amendment No. 446 (to Measures Passed: Amendment No. 445), in the nature of a substitute. Authorizing Use of Capitol Grounds: Committee Senate will resume consideration of the bill on on Rules and Administration was discharged from Tuesday, April 4, 1995, at 10:30 a.m. further consideration of H. Con. Res. 34, authorizing Self-Employed Health Insurance Tax Credit— the use of the Capitol Grounds for the Ringling Conference Report: Senate agreed to the conference Bros. and Barnum & Bailey Circus Anniversary report on H.R. 831, to amend the Internal Revenue Commemoration, and the resolution was then agreed Code of 1986 to permanently extend the deduction to, after taking action on the following amendment for the health insurance costs of self-employed indi- proposed thereto: Pages S5066±70 viduals, and to repeal the provisions permitting non- Rejected: recognition of gain on sales and exchanges effectuat- Smith Amendment No. 449, to prevent the use of ing policies of the Federal Communications Commis- elephants on the Capitol Grounds for the purpose of sion, clearing the measure for the President. this event. Pages S5066±70 Pages S5029±47 Commending Allen University: Senate agreed to During consideration of this measure today, the S. Res. 99, commending the 125th anniversary of Senate took the following action: Allen University. Pages S5081±82 By a unanimous vote of 83 yeas (Vote No. 126), three-fifths of those Senators duly chosen and sworn FEMA Supplemental Appropriations/Rescissions: having voted in the affirmative, Senate agreed to Senate continued consideration of H.R. 1158, mak- close further debate on the conference report. ing emergency supplemental appropriations for addi- Page S5029 tional disaster assistance and making rescissions for the fiscal year ending September 30, 1995, taking Appointments action on amendments proposed thereto, as follows: Federal Council on the Aging: The Chair, on be- Pages S5049±66 half of the President pro tempore, pursuant to Public D 462 April 3, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 463 Law 93–29, as amended by Public Laws 98–459 and 102–375, reappointed Robert L. Goldman, of Okla- Committee Meetings homa, to the Federal Council on the Aging. (Committees not listed did not meet) Page S5081 Commission on Security and Cooperation in Eu- APPROPRIATIONS—IRS/OPM rope: The Chair, on behalf of the Vice President, Committee on Appropriations: Subcommittee on Treas- pursuant to Public Law 94–304, as amended by ury, Postal Service, and General Government held Public Law 99–7, appointed the following Senators hearings on proposed budget estimates for fiscal year to the Commission on Security and Cooperation in 1996, receiving testimony in behalf of funds for Europe: Senators Campbell, Kempthorne, Santorum, their respective activities from Margaret Richardson, and Abraham. Page S5081 Commissioner, and Larry Westfall, Director, Office Messages From the President: Senate received the of Tax Systems Modernization, both of the Internal following messages from the President of the United Revenue Service; and James King, Director, Office of States: Transmitting the 1994 Annual Report on Personnel Management. Alaska’s Mineral Resources; referred to the Commit- Subcommittee will meet again on Thursday, May tee on Energy and Natural Resources. (PM–40). 4. Page S5072 Nominations Confirmed: Senate confirmed the fol- KIRTLAND AIR FORCE BASE lowing nominations: Committee on Appropriations: Subcommittee on Energy 26 Air Force nominations in the rank of general. and Water Development held hearings on the nu- 2 Army nominations in the rank of general. clear weapons implications of the Administration’s 15 Marine Corps nominations in the rank of gen- proposal to close Kirtland Air Force Base in New eral. Mexico, receiving testimony from Vic Reis, Assistant 1 Navy nomination in the rank of admiral. Secretary for Defense Programs, and Al Narath and Routine lists in the Air Force, Army, Marine Bruce Twining, both of Sandia National Laboratories Corps, Navy. Pages S5082±83 (Albuquerque, New Mexico), all of the Department of Energy; and Maj. Gen. Kenneth L. Hagemann, Nominations Received: Senate received the follow- USAF, Director, Defense Nuclear Agency, Depart- ing nominations: ment of Defense. Vera Alexander, of Alaska, to be a Member of the Subcommittee recessed subject to call. Marine Mammal Commission for a term expiring May 13, 1997. PRODUCT LIABILITY FAIRNESS ACT Routine lists in the Air Force and Marine Corps. Committee on Commerce, Science, and Transportation: Sub- Pages S5084±85 committee on Consumer Affairs, Foreign Commerce, Messages From the President: Page S5072 and Tourism held hearings on S. 565, to regulate Communications: Pages S5072±73 interstate commerce by providing for a uniform product liability law, receiving testimony from Sen- Statements on Introduced Bills: Pages S5073±75 ators Lieberman and Boxer; Illinois State Senator Additional Cosponsors: Pages S5075±76 Kirk Dillard, Springfield, on behalf of the American Amendments Submitted: Pages S5076±77 Legislative Exchange Council; Rhode Island State Representative Jeffrey Teitz, Providence, on behalf of Notices of Hearings: Page S5077 the National Conference of State Legislators; Stanley Authority for Committees: Page S5077 G. Feldman, Chief justice, Arizona State Supreme Additional Statements: Pages S5077±81 Court, Phoenix, on behalf of the Conference of Chief Justices; and James L. Martin, National Governors Record Votes: One record vote was taken today. Association, William Fry, HALT, Robert Hunter, (Total—126) Page S5029 Consumer Federation of America, Victor E. Scwartz, Recess: Senate convened at 9:30 a.m., and recessed Crowell and Moring, on behalf of the Product Liabil- at 7:33 p.m., until 9:30 a.m., on Tuesday, April 4, ity Coordinating Committee, and Larry Stewart, As- 1995. (For Senate’s program, see the remarks of the sociation of the Trial Lawyers of America, all of Acting Majority Leader in today’s RECORD on page Washington, D.C. S5084.) Hearings continue tomorrow. D 464 CONGRESSIONAL RECORD — DAILY DIGEST April 3, 1995 RESEARCH AND EXPERIMENTATION TAX C. Alexander, Akin, Gump, Strauss, Hauer and Feld, CREDIT on behalf of the Pharmaceutical Research Manufac- Committee on Finance: Subcommittee on Taxation and turers Association, all of Washington, D.C.; Paul IRS Oversight held hearings to examine whether the Cherecwich, Jr., Thiokol Corporation, Ogden, Utah, research and experimentation tax credit (enacted in on behalf of the Aerospace Industries Association; 1981) should be made a permanent part of the Tax Marty Glick, Genentech, Inc., San Francisco, Califor- Code, restructured, or allowed to expire after the nia, on behalf of the R&D/Section 861 Coalition; current June 30, 1995, expiration date, receiving tes- Robert S. Gregg, Sequent Computer Systems, Inc., timony from Natwar M. Gandhi, Associate Director, Beaverton, Oregon, on behalf of the American Elec- Tax Polity and Administration Issues, General Gov- tronics Association; and Cliff Simpson, Novell, Inc., ernment Division, General Accounting Office; Lin- Salt Lake City, Utah, on behalf of the Working den C. Smith, KPMG Peat Marwick LLP, Martin A. Group on Research and Development. Sullivan, American Enterprise Institute, and Donald Hearings were recessed subject to call. h House of Representatives Fisherman’s protection: H.R. 716, to amend the Chamber Action Fishermen’s Protective Act (passed by a yea-and-nay Bills Introduced: Seven public bills, H.R. vote of 384 yeas, Roll No. 280); 1375–1381; one private bill, H.R. 1382; and two Pages H4044±45, H4072±73 resolutions, H. Con. Res. 54 and H. Res. 127, were U.S. citizens imprisoned in Iraq: H. Res. 120, introduced. Pages H4104±05 amended, expressing the sense of the House of Rep- Reports Filed: Reports were filed as follows: resentatives regarding American citizens held in Iraq H. Res. 125, providing for the consideration of (agreed to by a yea-and-nay vote of 399 yeas, Roll H.R. 1271, to provide protection for family privacy No. 281); and Pages H4046±48, H4073 (H. Rept. 104–97); District of Columbia financial responsibility: H. Res. 126, providing for the consideration of H.R. 1345, amended, to eliminate budget deficits H.R. 660, to amend the Fair Housing Act to modify and management inefficiencies in the government of the exemption from certain familial status discrimi- the District of Columbia Financial Responsibility nation prohibitions granted to housing for older per- and Management Assistance Authority. sons (H. Rept. 104–98); and Pages H4048±72 Conference report on S. 244, to further the goals of the Paperwork Reduction Act to have Federal Late Report: Conferees received permission to have agencies become more responsible and publicly ac- until midnight tonight to file a conference report on countable for reducing the burden of Federal paper- S. 244, the Paperwork Reduction Act of 1995. work on the public (H. Rept. 104–99). Page H4072 Pages H4079, H4093±H4102, H4104 Recess: House recessed at 3:59 p.m. and reconvened Speaker Pro Tempore: Read a letter from the at 5:00 p.m. Page H4072 Speaker wherein he designates Representative Hast- Referrals: Two Senate-passed measures were referred ings of Washington to act as Speaker pro tempore to the appropriate House committees. Page H4103 for today. Page H4033 Senate Messages: Messages received from the Senate Recess: House recessed at 1:11 p.m. and reconvened today appear on pages H4041 and H4072. at 2:00 p.m. Page H4040 Quorum Calls—Votes: Two yea-and-nay votes de- Presidential Message—Alaska Minerals Re- veloped during the proceedings of the House today sources: Read a message from the President wherein and appear on pages H4072–73 and H4073. There he transmits the 1994 Annual Report on Alaska’s were no quorum calls. Mineral Resources—referred to the Committee on Adjournment: Met at 12:30 p.m. and adjourned at Resources. Page H4044 8:39 p.m. Suspensions: House voted to suspend the rules and pass the following measures: April 3, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 465 Renal Disease (Kidney Failure) Program. Testimony Committee Meetings was heard from Helen L. Smits, M.D., Deputy Ad- AGRICULTURE, RURAL DEVELOPMENT, ministrator, Health Care Financing Administration, FDA, AND RELATED AGENCIES Department of Health and Human Services; and APPROPRIATIONS public witnesses. Committee on Appropriations: Subcommittee on Agri- culture, Rural Development, Food and Drug Admin- Joint Meetings istration, and Related Agencies continued appropria- tion hearings. Testimony was heard from Members FORMER YUGOSLAVIA of Congress and public witnesses. Commission on Security and Cooperation on Europe: Com- INTERIOR APPROPRIATIONS mission met in closed session to receive a briefing on recent developments in Croatia, and Bosnia and Committee on Appropriations: Subcommittee on Interior Herzegovina. (and Related Agencies) held a hearing on Office of Commission will meet again tomorrow. the Secretary, Office of the Solicitor, and on the In- f spector General. Testimony was heard from the fol- lowing officials of the Department of the Interior: COMMITTEE MEETINGS FOR TUESDAY, Bonnie R. Cohen, Assistant Secretary, Policy, Man- APRIL 4, 1995 agement and Budget; and John D. Leshy, Inspector (Committee meetings are open unless otherwise indicated) General. MEDICARE SELECT POLICIES OFFERED IN Senate STATES Committee on Agriculture, Nutrition, and Forestry, to re- sume hearings on proposed legislation to strengthen and Committee on Commerce: Ordered reported amended improve United States agriculture programs, focusing on H.R. 483, to amend title XVIII of the Social Secu- market effects on Federal farm policy, 9:30 a.m., SR–332. rity Act to permit Medicare Select policies to be of- Committee on Appropriations, Subcommittee on Defense, fered in all States. to hold hearings on proposed budget estimates for fiscal CHINESE PRISON SYSTEM year 1996 for the Department of Defense, focusing on Air Force programs, 9:30 a.m., SD–106. Committee on International Relations: Subcommittee on Subcommittee on Labor, Health and Human Services, International Operations and Human Rights held a and Education, to hold hearings to examine education hearing on the Chinese Prison System. Testimony technology, 9:30 a.m., SD–192. was heard from public witnesses. Committee on Armed Services, Subcommittee on SeaPower, to hold hearings on proposed legislation authorizing OVERSIGHT funds for fiscal year 1996 for the Department of Defense Committee on the Judiciary: Subcommittee on the Con- and the future years defense program, focusing on surface stitution held an oversight hearing on group pref- shipbuilding programs and the Department of the Navy’s erences and the law. Testimony was heard from Mary plans for modernization and recapitalization, 9:30 a.m. Frances Berry, Chair, Commission on Civil Rights; SR–222. and public witnesses. Full Committee, to hold hearings on proposed legisla- tion authorizing funds for fiscal year 1996 for the Depart- FAMILY PRIVACY PROTECTION ment of Defense and the future years defense program, fo- Committee on Rules: Granted an open rule providing cusing on Department of Energy national security issues, for one hour of general debate on H.R. 1271, Family 2:30 p.m., SR–222. Committee on Commerce, Science, and Transportation, Sub- Privacy Protection Act of 1995. Testimony was committee on Consumer Affairs, Foreign Commerce, and heard from Chairman Clinger and Representatives Tourism, to continue hearings on S. 565, to regulate Horn, Souder, Collins of Illinois, and Maloney. interstate commerce by providing for a uniform product HOUSING FOR OLDER PERSONS liability law, 9:30 a.m., SR–253. Committee on Environment and Public Works, business Committee on Rules: Granted an open rule providing meeting, to consider the nomination of Shirley Ann Jack- for one hour of general debate on H.R. 660, Hous- son, of New Jersey, to be a Member of the Nuclear Regu- ing for Older Persons Act of 1995. Testimony was latory Commission, 10 a.m., SD–406. heard from Representative Canady of Florida. Committee on Finance, to hold hearings to review the MEDICARE END-STAGE RENAL DISEASE 1995 Trade Policy Agenda and 1994 Annual Report of PROGRAM the President of the United States on the Trade Agree- ments Program, 9:30 a.m. SD–215. Committee on Ways and Means: Subcommittee on Committee on Foreign Relations, Subcommittee on West- Health held a hearing on the Medicare End-Stage ern Hemisphere and Peace Corps Affairs, to hold hearings D 466 CONGRESSIONAL RECORD — DAILY DIGEST April 3, 1995 to examine drug control strategies in the western hemi- Competitiveness Act of 1995; Glass-Steagall Reform; and sphere, 1:30 p.m., SD–419. related issues, 10 a.m., 2128 Rayburn. Committee on Governmental Affairs, to hold hearings on Committee on the Budget, to consider Committee views the earned income tax credit, 10 a.m., SD–342. and estimates, 10 a.m., and to hold a hearing on Medic- Committee on the Judiciary, to hold hearings on punitive aid: A Program in Need of Reform, 10:05 a.m., 210 Can- damages tort reform, 10 a.m., SD–226. non. Committee on Small Business, to hold hearings to examine Committee on Economic and Educational Opportunities, Sub- the Small Business Administration’s 8(a) Minority Busi- committee on Oversight and Investigations, hearing on ness Development Program, 10 a.m., SH–216. Identifying Conflicts and Inconsistencies in Workplace Regulations, 9:30 a.m., 2175 Rayburn. NOTICE Committee on Government Reform and Oversight, Sub- For a listing of Senate Committee Meetings sched- committee on Human Resources and Intergovernmental uled ahead, see pages E763–64 in today’s RECORD. Relations, oversight hearing on the Department of Labor: Opportunities for Cost Savings, 10 a.m., 2247 Rayburn. House Committee on House Oversight, hearing and markup of Committee on Agriculture, to mark up H.R. 618, to ex- FCC Authorization, 10 a.m., 1310 Longworth. tend the authorization for appropriations for the Com- Committee on International Relations, hearing on State De- modity Futures Trading Commission through fiscal year partment Reorganization, 10 a.m., and a hearing on the 2000, 2 p.m., 1300 Longworth. Administration’s International Affairs Budget Request for Committee on Appropriations, Subcommittee on Agri- Fiscal Year 1996, 3 p.m., 2172 Rayburn. culture, Rural Development, Food and Drug Administra- Committee on National Security, Subcommittee on Mili- tion and Related Agencies, on Congressional and Public tary Installations and Facilities, to continue hearings on Witnesses, 1 p.m., 2362A Rayburn. the fiscal year 1996 national defense authorization re- Subcommittee on Commerce, Justice, State, and Judici- quest, 10 a.m., 2212 Rayburn. ary (and Related Agencies) on NOAA, 10 a.m., and on Subcommittee on Military Personnel, to continue hear- SEC and Commission on Civil Rights, 2 p.m., H–309 ings on the fiscal year 1996 national defense authorization Capitol. request, 2 p.m., 2212 Rayburn. Subcommittee on Foreign Operations, Export Financ- Subcommittee on Military Research and Development, ing and Related Programs, on Security Assistance/States to continue hearings on the fiscal year 1996 national de- and DOD, 10 a.m., H–144 Capitol. fense authorization request, 2 p.m., 2118 Rayburn. Subcommittee on Interior (and Related Agencies), on Committee on Rules, to continue consideration of H.R. Public Witnesses (Natural Resources), 10 a.m. and 1 1215, Contract With America Tax Relief Act of 1995, p.m., B–308 Rayburn. time to be announced, H–313 Capitol. Subcommittee on Labor, Health and Human Services, Committee on Small Business, Subcommittee on Procure- and Education (and Related Agencies), on Corporation for ment, Exports, and Business Opportunities, hearing on National and Community Service and Federal Mediation Surety Bonds, 10 a.m., 2359 Rayburn. and Conciliation Service, 10 a.m., and on Federal Mine Committee on Standards of Official Conduct, executive, to Safety and Health Review Commission, National Com- consider pending business, 4 p.m., HT–2M Capitol. mission on Libraries and on the National Council on Dis- Committee on Transportation and Infrastructure, to mark ability, 2 p.m., 2358 Rayburn. up legislation to reauthorize and amend the Federal Subcommittee on Military Construction, executive, on Water Pollution Control Act, 10 a.m., 2167 Rayburn. Arabian Gulf Construction Program, 9:30 a.m., B–300 Permanent Select Committee on Intelligence, executive, hear- Rayburn. ing on Covert Actions, 10 a.m., and executive, to con- Subcommittee on National Security, on Fiscal Year sider pending business; and executive, followed by a hear- 1996/97 Navy/Marine Corps Budget Overview, 10 a.m., ing on Intelligence Personnel, 2 p.m., H–405 Capitol. and on Navy-Marine Corps Acquisition Programs, 1:30 p.m., H–140 Capitol. Joint Meetings Subcommittee on Veterans’ Affairs, Housing and Commission on Security and Cooperation in Europe, to hold Urban Development and Independent Agencies, on Con- hearings to examine the extent to which ethnic cleansing, gressional and Public Witnesses, 9:30 a.m. and 2 p.m., destruction of cultural sites and associated war crimes in H–143 Capitol. Bosnia and Herzegovina and other parts of the former Committee on Banking and Financial Services, to continue Yugoslavia constitute genocide, 2 p.m., 2322 Rayburn hearings on the following: H.R. 1062, Financial Services Building. April 3, 1995 CONGRESSIONAL RECORD—DAILY DIGEST D 467

Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED FOURTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 4 through March 31, 1995 January 4 through March 31, 1995 Senate House Total Civilian nominations, totaling 162, disposed of as follows: Days in session ...... 59 53 . . Confirmed ...... 39 ′ ′ Time in session ...... 488 hrs., 28 486 hrs., 40 . . Unconfirmed ...... 122 Congressional Record: Withdrawn ...... 1 Pages of proceedings ...... 5023 4032 . . Extensions of Remarks ...... 753 . . Public bills enacted into law ...... 5 . . . . Civilian nominations (FS, PHS, CG, NOAA), totaling 702, disposed Private bills enacted into law ...... of as follows: Bills in conference ...... 4 2 . . Confirmed ...... 696 Measures passed, total ...... 77 111 . . Unconfirmed ...... 6 Senate bills ...... 11 6 . . House bills ...... 3 39 . . Senate joint resolutions ...... 0 . . . . Air Force nominations, totaling 9,890, disposed of as follows: House joint resolutions ...... 0 2 . . Confirmed ...... 9,490 Senate concurrent resolutions ...... 0 . . . . Unconfirmed ...... 400 House concurrent resolutions ...... 4 8 . . Simple resolutions ...... 59 56 . . Measures reported, total ...... *40 *94 . . Army nominations, totaling 3,361, disposed of as follows: Senate bills ...... 13 . . . . Confirmed ...... 2,627 House bills ...... 2 58 . . Unconfirmed ...... 734 Senate joint resolutions ...... 2 . . . . House joint resolutions ...... 1 3 . . Senate concurrent resolutions ...... 2 . . . . Navy nominations, totaling 3,715, disposed of as follows: House concurrent resolutions ...... 0 . . . . Confirmed ...... 884 Simple resolutions ...... 20 33 . . Unconfirmed ...... 2,831 Special reports ...... 5 . . . . Conference reports ...... 2 . . Measures pending on calendar ...... 30 16 . . Marine Corps nominations, totaling 886, disposed of as follows: Measures introduced, total ...... 795 1,636 . . Confirmed ...... 94 Bills ...... 659 1,374 . . Unconfirmed ...... 792 Joint resolutions ...... 31 85 . . Concurrent resolutions ...... 9 53 . . Simple resolutions ...... 96 124 . . Summary Quorum calls ...... 2 8 . . Yea-and-nay votes ...... 128 62 . . Total nominations received this session ...... 18,716 Recorded votes ...... 209 . . Total confirmed ...... 13,830 Bills vetoed ...... Total unconfirmed ...... 4,885 Vetoes overridden ...... Total withdrawn ...... 1

* These figures include all measures reported, even if there was no accom- panying report. A total of 23 reports have been filed in the Senate, a total of 96 reports have been filed in the House. D 468 CONGRESSIONAL RECORD — DAILY DIGEST April 3, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, April 4 9:30 a.m., Tuesday, April 4

Senate Chamber House Chamber Program for Tuesday: After the recognition of two Sen- Program for Tuesday: Consideration of the following ators for speeches and the transaction of any morning Suspension: H.R. 1240, Sexual Crimes Against Children business (not to extend beyond 10:30 a.m.), Senate will Prevention Act of 1995; and resume consideration of H.R. 1158, FEMA Supplemental Consideration of H.R. 1271, Family Privacy Protection Appropriations. Act of 1995 (open rule, one hour of general debate). (Senate will recess from 12:30 p.m. until 2:15 p.m. for re- spective party conferences.) (At 2:15 p.m., the National Geographic will take the offi- cial photograph for the 104th Congress.)

Extensions of Remarks, as inserted in this issue

HOUSE Kennedy, Patrick J., R.I., E756 Smith, Christopher H., N.J., E761 Murtha, John P., Pa., E756 Studds, Gerry E., Mass., E758 Bonilla, Henry, Tex., E761 Pallone, Frank, Jr., N.J., E756 Talent, James M., Mo., E757 Cooley, Wes, Ore., E760 Pelosi, Nancy, Calif., E757 Tejeda, Frank, Tex., E762 Dixon, Julian C., Calif., E756 Roybal-Allard, Lucille, Calif., E761 Underwood, Robert A., Guam, E757 Engel, Eliot L., N.Y., E761 Schroeder, Patricia, Colo., E755 Weldon, Curt, Pa., E755 Ewing, Thomas W., Ill., E761 Skaggs, David E., Colo., E755 Wolf, Frank R., Va., E758

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