Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 104 CONGRESS, FIRST SESSION

Home , Craig Washington, Earl Hutto, Frank McCloskey, Tony Blankley

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, WEDNESDAY, JANUARY 11, 1995 No. 6 House of Representatives

The House met at 11 a.m. PRIORITY AMENDMENTS FOR The rule may include a provision per- MANDATE REFORM BILL; AND mitting only the offering of amend- f PROCEDURES FOR SUBMISSION ments in the nature of a substitute by OF AMENDMENT FOR PRINTING Members who have caused their amend- PRAYER ON HOUSE JOINT RESOLUTION 1, ments to be printed in the amendment The Chaplain, Rev. James David THE BALANCED BUDGET CON- section of the CONGRESSIONAL RECORD Ford, D.D., offered the following pray- STITUTIONAL AMENDMENT not later than Friday, January 20. er: The amendments must still be con- (Mr. SOLOMON asked and was given May Your good grace, O God, be with sistent with House rules and would be permission to address the House for 1 all who call upon You, and may Your given no special protection by being minute.) spirit of peace and reconciliation, Your printed. word of purpose and direction, and Mr. SOLOMON. Mr. Speaker, the If Members are interested in having Your command to do justice, touch Committee on Rules anticipates meet- their amendments considered as a sub- each of us in the depths of our own ing next week to report an open rule stitute for House Joint Resolution 1 as hearts. We are aware, O gracious God, for the consideration of H.R. 5, the Un- reported by the Judiciary Committee, that we do not walk alone through the funded Mandate Reform Act of 1995. they must draft them as amendments The rule may include a provision giv- paths of life, but we are surrounded by in the nature of a substitute and print ing priority in recognition to Members Your love and by the support and en- them in the RECORD not later than Fri- who have caused their amendments to couragement of our colleagues, our day, January 20. be printed in the amendment section of friends, and our families. For all those Amendments should be titled, ‘‘Sub- the CONGRESSIONAL RECORD prior to gifts and for the blessings of each new mitted for printing under clause 6 of their consideration—though this would day, we offer this prayer of thanks- rule XXIII’’ and submitted at the not be mandatory. Speaker’s table. giving and praise. Amen. The amendments must still be con- f f sistent with House rules and are given no special protection by being printed. ELECTION OF MEMBERS TO CER- THE JOURNAL If Members are interested in priority TAIN STANDING COMMITTEES OF recognition, they may wish to print The SPEAKER. The Chair has exam- THE HOUSE their amendments in the RECORD prior ined the Journal of the last day’s pro- Mrs. KENNELLY. Mr. Speaker, I to Friday, January 20, when the bill is ceedings and announces to the House offer a privileged resolution (H. Res. 32) tentatively scheduled for consider- his approval thereof. and ask for its immediate consideration. It is not necessary to submit Pursuant to clause 1, rule I, the Jour- ation. your amendments to the Rules Com- nal stands approved. The Clerk read the resolution, as fol- mittee or to testify. lows: Members should use the Office of f H. RES. 32 Legislative Counsel to ensure that Resolved, That the following named Mem- PLEDGE OF ALLEGIANCE their amendments are properly drafted bers be and they are hereby elected to the to the bill as reported from the com- The SPEAKER. The gentleman from following standing committee of the House mittees of jurisdiction. Amendments of Representatives: Kansas [Mr. TIAHRT] will lead the should be titled, ‘‘Submitted for print- House in the Pledge of Allegiance. COMMITTEE ON HOUSE OVERSIGHT ing under clause 6 of rule XXIII’’ and Mr. Fazio, Ranking Minority Member; Mr. TIAHRT led the Pledge of Alle- submitted at the Speaker’s table. giance as follows: Mr. Gejdenson; Mr. Speaker, the Committee on Rules Mr. Hoyer; I pledge allegiance to the Flag of the anticipates meeting the week of Janu- Mr. Jefferson; United States of America, and to the Repub- ary 23 to report a rule for the consider- Mr. Pastor. lic for which it stands, one nation under God, ation of House Joint Resolution 1, the The resolution was agreed to. indivisible, with liberty and justice for all. balanced budget constitutional amend- A motion to reconsider was laid on ment. the table.

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 181 H 182 CONGRESSIONAL RECORD — HOUSE January 11, 1995 REFERENCES TO COMMITTEE ON Three. Welfare reform to encourage gravity by spending indefinitely more TECHNOLOGY AND COMPETI- work, not dependence; money than we take in. TIVENESS IN HOUSE RESOLU- Four. Family reinforcement to crack The balanced budget amendment will TION 12 TO BE DEEMED TO BE down on deadbeat dads and protect our put an end to this fantasy. It is not a TO COMMITTEE ON SCIENCE children; new concept. State, city, and county Mrs. KENNELLY. Mr. Speaker, I ask Five. Tax cuts for families to lift governments all over America have had unanimous consent that any references government’s burden from middle-in- a balanced budget. They have to have to the Committee on Technology and come Americans; one by law. It is now our turn. If we Competitiveness in House Resolution Six. National security restoration to had had one all along, we would not 12 adopted on January 4, 1995, be to the protect our freedoms; have the $4.5 trillion debt we must now Committee on Science. Seven. Senior Citizens’ Equity Act to contend with. The SPEAKER. Is there objection to allow our seniors to work without gov- f the request of the gentlewoman from ernment penalty; Connecticut? Eight. Government regulation and BALANCED BUDGET AMENDMENT There was no objection. unfunded mandate reforms; (Mr. GENE GREEN of Texas asked Nine. Commonsense legal reform to f and was given permission to address end frivolous lawsuits; and the House for 1 minute and to revise COMMUNICATION FROM CHAIRMAN Ten. Congressional term limits to and extend his remarks.) OF COMMITTEE ON WAYS AND make Congress a citizen legislature. Mr. GENE GREEN of Texas. Mr. MEANS This is our Contract With America. Speaker, Americans want a more open The SPEAKER laid before the House f and honest government. Last week I the following communication from the voted with the majority to open our THE NEED FOR A NATIONAL Congress to ensure public hearings. But chairman of the Committee on Ways POLICY TOWARD GAMBLING and Means: also last week the Committee on the (Mr. LAFALCE asked and was given Budget rejected on a party line vote a COMMITTEE ON WAYS AND MEANS, requirement requiring Congress to tell U.S. HOUSE OF REPRESENTATIVES, permission to address the House for 1 Washington, DC, January 10, 1995. minute and to revise and extend his re- how the balanced budget amendment Hon. NEWT GINGRICH, marks.) would be implemented. The Speaker, Mr. LAFALCE. Mr. Speaker, in 1976 We should require this House to Washington, DC. the Commission on the Review of a Na- specify those cuts to reach that bal- DEAR MR. SPEAKER: On January 5, 1995, at tional Policy Toward Gambling issued anced budget. The Congressional Budg- the organizational meeting for the Commit- its final report to Congress. In the 20 et Office has said it would cost $1.2 tril- tee on Ways and Means, the Committee des- years since that time, however, much lion in cuts by the year 2002 to reach ignated the following members to serve on that balanced budget. In the name of the Joint Committee on Taxation for the has changed. Gambling has gone from a 104th Congress, pursuant to Section 8002 of $1 billion-a-year industry in the United honesty, openness, and constructive the Internal Revenue Code of 1986: Mr. Ar- States to a $30-billion industry. There planning, we must set that course to cher, Mr. Crane, Mr. Thomas, Mr. Gibbons, was one State that legalized casino achieve the goal. and Mr. Rangel. gambling then; today some form of The people need to know how and With best personal regards, I am gambling is legal in 48 of the 50 States. what and when these cuts will be made. Sincerely, A competition exists between the We talk about a Contract With Amer- BILL ARCHER, ica. Let us not forget our contract with Chairman. States. A competition exists between the States and foreign countries. A our senior citizens in 1935 for Social Se- f competition exists between the States curity, our seniors for health care in 1965, and our veterans that provide REMOVAL OF NAME OF MEMBER and Indian tribes, whereas 20 years ago no Indian tribe was authorized to have them benefits for their sacrifices for AS COSPONSOR OF HOUSE JOINT their country. RESOLUTION 1 legalized gambling. Mr. Speaker, it is time for the estab- The people of these United States Mr. HOUGHTON. Mr. Speaker, I ask lishment of a new Commission to pur- will remember that our contract is re- unanimous consent that my name be sue a national policy toward gambling newed next year unless we tell them removed as a cosponsor of House Joint in the United States. how we are going to fulfill the contract Resolution No. 1. we agreed to. f The SPEAKER. Is there objection to f the request of the gentleman from New b 1110 York? BAN UNFUNDED MANDATES ON There was no objection. CONGRESS MUST LIVE WITH STATES f BALANCED BUDGET (Mr. TIAHRT asked and was given (Mr. KINGSTON asked and was given permission to address the House for 1 READING THE CONTRACT WITH permission to address the House for 1 minute and to revise and extend his re- AMERICA minute and to revise and extend his remarks.) (Mr. FOX of Pennsylvania asked and marks.) Mr. TIAHRT. Mr. Speaker, today the was given permission to address the Mr. KINGSTON. Mr. Speaker, as Senate is considering a bill to ban un- House for 1 minute, and to revise and taxes increase, as government regula- funded mandates by Congress for extend his remarks.) tions get more and more burdensome, States like Kansas. We must join with Mr. FOX of Pennsylvania. Mr. Speak- as the bureaucracy becomes more and them so that no longer will Congress be er, our Contract With America states more expensive, America’s middle class able to mandate that States do things on the first day of Congress a Repub- has had to tighten their belts. Even without funding. No longer will Con- lican House will force Congress to live though they are out there working as gress attempt to balance the budget on under the same laws as everyone else, hard as they can, year after year, be- the backs of the States. cut one-third of committee staffs, and cause of our actions in spending in It took the Republican majority in cut the congressional budget. We have Congress, they have to squeeze in a lit- the House and senate to bring this im- done that. tle bit more. portant issue to a vote. We will finally In the next 93 days we will vote on But now it is our turn. It is time for enact what State Governors like Kan- the following 10 items: us to match our revenues with our ex- sas Gov. Bill Graves and State legisla- One, a balanced budget amendment penses. We need to have a balanced tures have been asking for years, to re- and line-item veto; budget amendment. Our last balanced lieve the arrogant burden of denying Two. A new crime bill to stop violent budget was in 1969, and since then Con- money to States to pay for the Federal criminals; gress has decided that it could defy Government’s mandates. January 11, 1995 CONGRESSIONAL RECORD — HOUSE H 183 Just as the American people have COMMENTS ON HOUSE HISTORIAN COMMENTS ON HOUSE HISTORIAN called for a ban on unfunded mandates, (Ms. DELAURO asked and was given (Mr. LEWIS of Georgia asked and was they have also called on Congress to permission to address the house for 1 given permission to address the House balance the budget. Starting now we minute and to revise and extend her re- for 1 minute and to revise and extend will work to control our spending and marks.) his remarks.) our own budget. It is what the people Ms. DELAURO. Mr. Speaker, a new Mr. LEWIS of Georgia. Mr. Speaker, want, and what we intend to give the chapter opened today in the history not even the Speaker of the House people. surrounding the hiring and the firing of agrees. His choice of a Historian for the House Historian. Today, the former f this House is unfit to serve. There is no Historian reveals to the Atlanta Con- room in this House for bigotry, racism, stitution that she had indeed informed COMMENTS ON HOUSE HISTORIAN or anti-Semitism. I commend the the Speaker’s office about her views on Speaker for realizing his error, acting (Mr. SCHUMER asked and was given the teaching of the Holocaust before quickly, and firing his appointment. permission to address the House for 1 she was hired. This directly contradicts The operation of this House, the re- minute and to revise and extend his re- the statements that had been made by cording of its history, should be non- marks.) the Speaker’s office. The Historian was partisan. The House Administrator, the Mr. SCHUMER. Mr. Speaker, like the fired because her opposition to funding House Historian, these appointments energizer bunny, the Christina Jeffrey a course on the Holocaust was wrong should be made with the best interests story keeps going and going and going. because it did not reflect what she of this House in mind, not the Speaker, Yesterday Speaker GINGRICH’s spokes- called the Nazi point of view or the Ku not the Speaker or one political party. person, Tony Blankley, said that they Klux Klan point of view. Such extre- Last week the American people were did not know that Christina Jeffrey be- mism from the person hired to chron- promised a new openness, a new way of lieved that a Holocaust class should re- icle an important part of the history of doing business. But so far it looks like flect the views of the Nazis. our government is an affront to this business as usual. Today we read in the Atlanta Con- body and to all Americans. Mr. Speaker, this is not a Republican stitution that Ms. Jeffrey told Speaker How could a person known to have House, this is not a Democratic House. GINGRICH’s staff a month ago. But even such extreme views on this issue and This is the people’s House. Mr. Speak- worse was today’s revelations of why one that is so sensitive to so many er, the people deserve better. Americans, how could that person have Ms. Jeffrey thought she was fired. Yes- f terday Mr. Blankley said that Speaker been hired? But perhaps we should not GINGRICH held Ms. Jeffrey in high re- be surprised. This is not the only office b 1120 gard, and today we find out she be- that the new Speaker has turned into a lieves that she was told she had to go partisan political tool. The same thing H.R. 359 because ‘‘There would be marches and was done in selecting the House admin- (Mr. ROHRABACHER asked and was demonstrations and fundraising efforts istrator. I fear that we are seeing the given permission to address the House to raise money to turn over the House beginning of a dangerous pattern. for 1 minute and to revise and extend to Democrats.’’ f his remarks.) What was Speaker GINGRICH’s moti- PUBLIC HOUSING RENT REFORM Mr. ROHRABACHER. Mr. Speaker, I vation in firing Ms. Jeffrey? Was it be- am asking my colleagues to join 67 cause he disagreed with her views, as (Mr. KNOLLENBERG asked and was Members of the House in cosponsoring he should have, or was it because of ad- given permission to address the House H.R. 359. This legislation will prevent a verse publicity and bad political con- for 1 minute and to revise and extend major rip-off of American inventors sequences? his remarks.) and investors by ensuring that Ameri- Yesterday I praised the Speaker for Mr. KNOLLENBERG. Mr. Speaker, as cans have the 17 years of patent protec- we debate the reform of our Nation’s quickly firing her. I stand by that, but tion which was their right prior to the welfare system, our deliberations must there are many questions that must, passage of the GATT implementation include a close examination of the fed- must be answered. legislation last year. erally mandated system of calculating Hidden in that implementation legis- f rents paid by residents of America’s lation was a provision not required by public housing. GATT that was slipped into the imple- PASS THE BALANCED BUDGET The evidence is striking. The current mentation legislation. The provision system of establishing rents in public (Mr. WELLER asked and was given dramatically reduces the number of housing is set by bureaucrats in Wash- permission to address the House for 1 years of patent protection for Amer- ington. It provides no flexibility to pro- minute and to revise and extend his re- ican citizens, permitting foreign na- vide incentives for residents to make a tionals, foreign and international cor- marks.) better wage or even find work. porations to use American technology Mr. WELLER. Mr. Speaker, I rise In most cases, if a resident of public against us in the world competition today to respond to the Democrats’ housing obtains gainful employment, without so much as paying royalties to call for specific cuts in the Federal they end up with less disposable in- American inventors and investors who budget. They well know that Repub- come than if they had stayed on wel- created the technology. licans have pledged to consider all pro- fare. That is right, less money by going H.R. 359 will stop the rip-off and per- posals except for Social Security. Their to work. Is it any wonder we have gen- fect the GATT language by purging insistence is an effort to divert atten- erations of people who are addicted to this provision from part of the GATT tion from the real issue. Congress can the public dole? that should never have been part of it only tackle the issue of how to balance In the last Congress, this body passed the budget after we decide to balance a housing bill which included a provi- in the first place. the budget. sion which I sponsored, entitled the f The Democrats’ desire to place the Rent Reform and Empowerment Act, proverbial cart before the horse led the which would reduce these disincentives IS THE HOUSE MOVING TOO American people to give their House to through a system of income disallow- QUICKLY? the new Republican majority. We must ances and ceiling rents. Unfortunately, (Mr. RICHARDSON asked and was not let empty partisan rhetoric sway it was killed in the other body. given permission to address the House us from the task we have been sent Mr. Speaker, today I am reintroduc- for 1 minute and to revise and extend here to do; namely, to bring fiscal re- ing this important legislation. It is his remarks.) sponsibility to Washington. We owe the time we applied a little common sense. Mr. RICHARDSON. Mr. Speaker, are American people that much. It is time And keep in mind it has been this Gov- we moving too fast without taking to stand and deliver by passing the bal- ernment that has imposed some of the proper precautions that will be costly anced budget amendment. highest tax rates on America’s poor. in the future? H 184 CONGRESSIONAL RECORD — HOUSE January 11, 1995 The Speaker did the right thing to the West that are going to be affecting jobs from one area to another is a total fire Christina Jeffrey, but what is very deleteriously the counties in and waste of taxpayer money and an insult shocking is that a person with these throughout California. to the people who are losing their jobs. views could have been hired in the first My county, Los Angeles County, has Today I am introducing legislation place. been affected very, very much. that would add an antipiracy provision Are we moving ahead on unfunded I just want to thank the White House to the block grant law. It will prevent mandates legislation without recogniz- for finally responding and declaring a the use of these funds from being used ing the impact it might have on clean Federal disaster, a declaration that to steal jobs. air, on clean water, on civil rights, on will allow FEMA to come in and to pro- As we look for ways to save Federal disabilities, on health and safety? Am I vide additional help and additional pro- tax dollars and get a better bang for correctly hearing that the new major- visions to the people in California who our buck, this is the perfect place to ity wants to exempt all Contract With are suffering. start. America legislation in this legislation? It seems just yesterday, Mr. Speaker, f As we move ahead on the balanced that we had to sign $8.6 million for budget amendment, which I have sup- earthquake relief. Now we have floods THE BALANCED BUDGET ported, does it not make sense to speci- in California. AMENDMENT fy from where these cuts are coming? We thank the White House for re- (Mr. SAM JOHNSON of Texas asked Do we really want to amend the Con- sponding. and was given permission to address stitution to have a super majority on f the House for 1 minute and to revise taxes? What if we are in a recession? and extend his reamrks.) What if we are in a war? Let us make CHANGE IS HERE Mr. SAM JOHNSON of Texas. Mr. this balanced budget amendment work. (Mr. GUTKNECHT asked and was Speaker, this January, as we work for Mr. Speaker, let us have open rules. given permission to address the House and with America, we will vote to put Let us be offered alternatives. Let us for 1 minute and to revise and extend responsibility, accountability, and re- participate in a bipartisan way to deal his remarks.) spectability back in the Congress by fi- with these problems. Let us not make Mr. GUTKNECHT. Mr. Speaker, nally passing a balanced budget amend- mistakes now that we will regret later. change is here, and change is good. ment. After 40 years of one party’s rule, last f Many on the Democrat side want us week, the new majority took the first to specify budget cuts before they WE MUST TAKE ACTION critical steps to changing the House of agree to it. I think they are just using (Mr. EVERETT asked and was given Representatives. permission to address the House for 1 More change is on the way. In the this as an opportunity to invite their minute and to revise and extend his re- next month, we will vote on a balanced good friends, the special interests, to marks.) budget amendment to the Constitu- come in and save their favorite Mr. EVERETT. Mr. Speaker, recent tion. projects from elimination. polls indicate that some 80 percent of We have heard gripes from some As we have seen in the past 40 years, the American people favor the bal- Members of the new minority about we can debate all day about how to balanced budget amendment. The people what is wrong with the balanced budg- ance the budget and never actually do have sent their message to the people’s et. We have heard excuses. We have it. House. Now it is time for the people’s heard complaints. We need to set the record straight. House to respond. But after 40 years of Democrat lead- The balanced budget amendment is My colleagues, if we are sincere in ership, we never had a true commit- about discipline. We need a mechanism our desire to get big government off ment to a balanced budget amendment. that forces the Congress to balance it the back of middle income Americans, And we have not had a balanced budget every year. then we should vote yes on a balanced in about 30 years. For 40 years we tried it the other budget amendment. Mr. Speaker, the American people way. All we got was more spending and The balanced budget amendment is want a new direction from the Con- more taxes. Now it is time for Congress designed to produce results. It forces us gress. They want fiscal reponsibility; to live like everyone else in America, to take action. It forces us to be re- they do not want to pay higher taxes on a budget. sponsible with the taxpayers’ dollars. but they do want less Federal spending. f It forces us to do what this House has Mr. Speaker, change is here and not done in 30 years. change is good. That is why we must LINGERING QUESTIONS Mr. Speaker, the time for stalling is pass a balanced budget amendment to (Mr. BONIOR asked and was given past. Nearly $5 trillion of debt placed the Constitution before this Congress permission to address the House for 1 upon our children and grandchildren is adjourned. minute.) demands a response. We must take ac- f Mr. BONIOR. Mr. Speaker, there are tion now. We must pass the balanced lingering questions still unanswered in budget amendment. IN FAVOR OF THE CDBG the controversy over the fired House ANTIPIRACY LEGISLATION f historian. (Mr. BARRETT of Wisconsin asked First, what did Speaker GINGRICH WHITE HOUSE RESPONSE TO and was given permission to address know about her extreme views and DISASTER IN CALIFORNIA the House for 1 minute and to revise when did he know it? The Speaker says (Mr. TUCKER asked and was given and extend his remarks.) he did not know Ms. Jeffrey once re- permission to address the House for 1 Mr. BARRETT of Wisconsin. Mr. jected a course on the Holocaust be- minute and to revise and extend his re- Speaker, thousands of workers in my cause it failed to present the Nazi point marks.) community got a major slap in the face of view. Yet, Ms. Jeffrey’s top aide Mr. TUCKER. Mr. Speaker, I rise last year where their employer told claims he knew all along. today to bring recognition to the White them their jobs would be moved to Second, Ms. Jeffrey has been out- House response to my call and the call other parts of the country. spoken on GOPAC. She says that of other Members of this House who If this was not bad enough, these GOPAC was founded as, and I quote, ‘‘a represent areas in California that have loyal employees had salt rubbed in way of getting around campaign fi- been egregiously affected by the con- their wounds a short time later, when nance disclosure laws.’’ And she has tinuous pounding of severe Pacific it was learned that Federal Community called for repeal of those very laws. storms in California. The total now is Development Block Grant funds would I think the American people have a at 17 counties that have been affected. be used to help move these jobs to right to know: Do the Republicans Even as we speak, Mr. Speaker, here other States. agree? Do they agree that GOPAC was on the House floor, we understand that This is something that should not founded as a way of ducking campaign there are more storms coming in from happen. Using Federal funds to move finance disclosure? Do they agree that January 11, 1995 CONGRESSIONAL RECORD — HOUSE H 185 we need to bring more secrecy in the the Ethics Committee investigation of individual can achieve his or her dream political process? GOPAC. in America. Mr. Speaker, this is a question of Well, it turns out Ms. Jeffrey feels To accomplish this goal, the Govern- credibility. The Republicans talk a lot that the Nazis and the Ku Klux Klan do ment must be a partner with the peo- about rebuilding trust with the Amer- not get to tell their side of the story to ple. In keeping the dream alive, we ican people. If they really mean it, our children in their history classes. must address the unfinished agenda they should come clean and reveal the Mr. Speaker, such are the fruits of and direct our efforts to reduce vio- contributors and their expenses on extreme partisanship. It deserves no lence, help youths at risk, promote GOPAC. place in this House. interracial cooperation and economic stability. By doing so, we can make b 1130 f every American experience the land of f THE UNFUNDED MANDATES RE- opportunity once again. FORM ACT OF 1995, THE FIRST DISASTROUS SAFE DRINKING STEP TOWARD REDUCING UN- f WATER ACT MUST BE FIXED FUNDED MANDATES LET US ENACT THE BALANCED (Mr. BEREUTER asked and was (Mr. MARTINI asked and was given BUDGET AMENDMENT NOW given permission to address the House permission to address the House for 1 (Mr. NORWOOD asked and was given for 1 minute and to revise and extend minute and to revise and extend his re- his remarks.) permission to address the House for 1 marks.) minute and to revise and extend his re- Mr. BEREUTER. Mr. Speaker, the Mr. MARTINI. Mr. Speaker, it has current Safe Drinking Water Act is a marks.) become clear over the last several Mr. NORWOOD. Mr. Speaker, the his- disaster and must be fixed as it is reau- years that the burden of unfunded Fed- toric opening day of the 104th Congress thorized. This Member is committed to eral mandates placed on States and lo- was the start of a new era in American supporting legislation which will inject calities has risen to unacceptable lev- politics. A majority of both Democrats more common sense into the way that els. I am pleased to inform that yester- and Republicans voted to reform the public drinking water supplies are test- day, the Government Reform and Over- House of Representatives to make it ed, monitored, and treated. sight Committee took the first step in more open and more accountable to the It is certainly encouraging that the addressing this problem by marking up American people. distinguished gentleman from Virginia H.R. 5, the Unfunded Mandates Reform Now that we have changed the way [Mr. BLILEY], the new chairman of the Act of 1995. business is done in the House, it is time Commerce Committee, has indicated As a local official in New Jersey, I his intention to place a high priority have felt the sting of unfunded man- to change the business that the House on revising and improving Safe Drink- dates firsthand. Despite cutting discre- does, starting with a balanced budget ing Water Act. tionary county spending by 3 percent amendment. Mr. Speaker, there is a growing fi- in 1994, the part of the State and coun- As I traveled through my district, I nancial crisis for communities across ty budget mandated by the Federal listened to the people I represent tell the country that becomes more evident Government actually rose by 10 per- me that Congress should direct its fi- each year as new water testing and cent. Despite our best efforts, we were nances the same way as the rest of treatment deadlines are imposed. forced to raise county taxes. America does. The message I have These unfunded mandates hit small Mr. Speaker, the taxpayers are heard is that families wisely live with- communities especially hard. Not only angry, not just because Federal taxes in their monthly salaries, so why does are these mandates costly, they often are too high, but because local prop- Congress continually fail to do the do nothing to ensure safe drinking erty taxes are also skyrocketing due to same? water. It is clear that States and com- unfunded mandates. It is time for Congress to start living munities must be allowed to identify The voters spoke loudly on November within its means by balancing the and focus on those contaminants which 2. What they demanded was a govern- budget. It is time to change the busi- present an actual health risk in their ment that was smaller, smarter, and ness Congress does. Let us enact the geographic area. less costly. Today we begin the process balanced budget amendment now. Without question, the safety of this of accomplishing all three goals by f Nation’s drinking water must be vigor- putting an end to unfunded mandates ously protected. However, in these days and returning to the U.S. Government WHAT PROGRAMS WILL BE CUT of tightening budgets on the local, to its proper role in its relationship TO ACHIEVE THE BALANCED State, and Federal levels, it is more with the States. BUDGET AMENDMENT? important than ever that this goal be f (Mr. BECERRA asked and was given reached in a realistic cost-effective, permission to address the House for 1 and efficient manner. ON THE MARTIN LUTHER KING, minute and to revise and extend his re- JR., HOLIDAY EVERY AMERICAN f marks.) CAN MAKE A DIFFERENCE Mr. BECERRA. Mr. Speaker, the citi- THE FRUITS OF EXTREME (Ms. MCCARTHY asked and was zens of this country deserve to know PARTISANSHIP given permission to address the House what is really at stake when it comes (Ms. MCKINNEY asked and was given for 1 minute and to revise and extend to the balanced budget. Everybody permission to address the House for 1 her remarks.) agrees we have to reduce and ulti- minute and to revise and extend her re- Ms. MCCARTHY. Mr. Speaker, I rise mately eliminate the Federal budget marks.) in anticipation of the 10th celebration deficit, but what will it really take to Ms. MCKINNEY. Mr. Speaker, I rise of the Martin Luther King, Jr., holi- get a balanced budget in 7 years with- today to express my extreme concern day, which has been designated as a na- out touching the amount of money we over the judgment displayed by col- tional day of service, to encourage my now spend on defense as the Republican leagues from the Sixth District of colleagues and all Americans to be majority proposes, while at the same Georgia. His need to fire long-time mindful of the national theme: On the time offering a big cut in income friend and associate Christina Jeffrey King holiday every American can make taxes? from the office of House Historian only a difference. The Republican leadership is doing a demonstrates his folly in trying to po- The King holiday challenges Ameri- real disservice to the American people liticize every aspect of the administra- cans to remember and celebrate, but by refusing to disclose what kinds of tion of this House. most importantly, to act to address the middle class programs we will probably He first fired our bipartisan Histo- issues for which Dr. King and others have to get rid of in order to have to rian in order to have a personal biog- gave of their lives, their energies, their balance the budget by 2002. rapher. I wonder, had Ms. Jeffrey been talents. One of Dr. King’s philosophies Just a few minutes ago in the Com- retained, how she would have recorded evolves around the promise that every mittee on the Judiciary the Republican H 186 CONGRESSIONAL RECORD — HOUSE January 11, 1995 majority defeated an amendment to ex- the last Congress. However, that does preciate your consideration of these conclude Social Security from cuts to bal- not provide an adequate legislative cerns. ance the budget. record. Sincerely, What about student assistance? Prob- We have many new Members to Con- GEORGE E. BROWN, Jr. ably kiss it goodbye. Unemployment gress and some who are new to com- CONGRESS OF THE UNITED STATES, insurance? Major cuts. Medicare pro- mittees. Without hearings, Members Washington, DC, January 9, 1995. grams? Devastating cuts. What about are being asked to vote on legislation DEAR CHAIRMAN CLINGER: We understand cures for cancer? Our research institu- without the benefit of input from con- that you have scheduled a full committee tions are facing massive cuts if this stituents, interest groups, the adminis- mark-up of H.R. 5, the Unfunded Mandate budget amendment passes. tration, or their colleagues. Reform Act of 1995 for 10 a.m., January 10. These are just a few examples of the This seems inconsistent with the re- We respectfully request that you honor the kinds of massive program cuts that cent reform of House rules which are request of members of the Government Re- will occur. It is time for this open Con- intended to increase openness, partici- form and Oversight Committee for a hearing on this important piece of legislation. gress to be truly open and tell the peo- pation, and accountability. Under the leadership of Speaker Gingrich, ple how it will balance the budget. Mr. Speaker, I include for the your party has instituted a number of f RECORD 2 letters which address the two changes that are meant to ensure that Mem- committees which have planned or bers of Congress and the citizens that they CONGRESSIONAL LAWMAKERS CAN have markups without hearings this represent are fully informed about the legis- COACH AMERICA TO FISCAL VIC- week or next week. lation that is acted upon in the House of TORY The letters referred to are as follows: Representatives. We agree, and therefore, believe that a full committee mark-up of this (Mr. CHRISTENSEN asked and was CONGRESS OF THE UNITED STATES, legislation is premature. The hearing process HOUSE OF REPRESENTATIVES, given permission to address the House allows interested constituent groups and for 1 minute and to revise and extend Washington, DC, January 10, 1995. Members of Congress an opportunity to ex- Hon. ROBERT S. WALKER, his remarks.) press their views and familiarize themselves Mr. CHRISTENSEN. Mr. Speaker, in Chairman, Committee on Science, with the details of the legislative proposal 1971, the Nebraska Cornhuskers won Washington, DC. under consideration. This is a fundamental DEAR MR. CHAIRMAN: As the Committee be- and important step in the democratic proc- college football’s national champion- gins its legislative work for the 104th Con- ess that should not be by-passed, especially ship. One year later coach Tom gress, we wanted to express our concern in the case of legislation that addresses an Osborne became head coach, and over about reports that the Committee is consid- issue as important as the relationship be- the last two decades has dedicated his ering marking up bills without the benefit of tween federal, state, and local government. prior public hearings on legislative propos- life to challenging young athletes to We realize that hearings on unfunded man- als. achieve their very best. dates legislation have been held by the com- Hearings are an indispensable part of the Many times over this last quarter mittee in previous Congresses. However, we century the loyal fans of the legislative process. They provide Committee Members the opportunity to learn about the understand that H.R. 5 contains new provi- Cornhuskers felt the ground swell of a legislation, to ask questions, and to under- sions. Returning members should have an op- pending national championship vic- stand the impact of the legislation on inter- portunity to consider the new proposal prior tory, only to know the disappointment ested parties. We realize that some of the to proceeding to the committee amending as that victory slipped away. proposals on which you seek prompt legisla- process. Also, there are many new members Likewise, Mr. Speaker, since 1935 the tive action were the subject of hearings in in the House who should be given an oppor- the last Congress. But hearings in prior Con- tunity to examine the details of this pro- American people have diligently peti- posal, to ask questions, and to hear the views tioned this body for a balanced budget. gresses cannot provide an adequate legislative record for several reasons. First of all, of their colleagues and constituents through Year after year they watched and wait- fully half of the Committee Members are a formal hearing process. ed, believing reform was within their new to the Committee. Without hearings, Our hope is that we can work in a biparti- grasp, only to see the national debt and they would be asked to vote on legislation san fashion in the 104th Congress to develop government spending increase. without the benefit of hearing from constitu- sound legislation that will provide the great- They have waited patiently for law- ents, interest groups, the Administration, or est benefit to the American people. In order makers to bring them relief from the their colleagues. Such a procedure would for this to occur, both majority and minority Members of Congress must be able to partici- increasing tax burdens, only to suffer hardly be fair to the new Members on either side of the aisle. pate in a thorough, open legislative process the disappointment of another legisla- which includes formal hearings on important tive year gone by with no visible vic- In addition, even if the bills have not substantially changed, the context of those bills legislation such as H.R. 5. We trust that you tory won over the skyrocketing debt. within the broader agenda has changed con- share our appreciation for the importance of Mr. Speaker, as lawmakers we have a siderably. For example, in the light of ex- maintaining an open, thorough democratic chance to coach America’s team to a pected cuts in DOE’s energy R&D programs, process within the House of Representatives fiscal victory. We came here armed it will be difficult for Members to assess the and committees, and we thank you for your with a mandate to pass the balanced importance of increasing funding for hydro- consideration of our concerns. budget. I encourage it to happen this gen research without a better understanding Sincerely, GEORGE E. BROWN, Jr. year. of how the hydrogen program fits into overall energy research and development budget JOHN D. DINGELL. f priorities. JOHN J. LAFALCE. Finally, moving legislation without public WILLIAM L. CLAY. PUBLIC HEARINGS IN COMMIT- DAVID OBEY. TEES ARE CONSISTENT WITH hearings would seem to be inconsistent with recent Republican reforms intended to in- GEORGE MILLER. OPENNESS, PARTICIPATION, AND crease openness and accountability. We do JOE MOAKLEY. ACCOUNTABILITY not believe that either the Members or the HENRY B. GONZALEZ. MARTIN O. SABO. (Mr. BROWN of California asked and public will be well-served by legislating in the absence of a record. NORMAN Y. MINETA. was given permission to address the RONALD V. DELLUMS. House for 1 minute and to revise and We understand your desire to begin the Committee’s work quickly. Holding hearings NORM DICKS. extend his remarks.) need not be inconsistent with moving legis- VIC FAZIO. Mr. BROWN of California. Mr. Speak- lation expeditiously. Indeed, markups are DAVID BONIOR. er, I wish to express my concern over likely to be far smoother when Members f the bypassing of an important legisla- have had an adequate opportunity to under- tive process, public hearings in com- stand the measure before them. TIME FOR COMMITMENT TO A mittees. I would suggest that this need We know that you share our hope that we BALANCED BUDGET AMENDMENT not unduly delay the Republican’s 100- can move Committee legislation in a biparti- (Mr. LATHAM asked and was given day agenda, if each bill is appro- san fashion. To foster this cooperation, it is permission to address the House for 1 essential that both Majority and Minority priately scheduled. Members have the opportunity to participate minute and to revise and extend his re- I realize that some of the proposals in a thorough, open legislative process that marks.) on which you seek prompt legislative includes formal hearings on legislation that Mr. LATHAM. Mr. Speaker, I rise action were the subject of hearings in will be reported from the Committee. We ap- today to thank the people of Iowa’s January 11, 1995 CONGRESSIONAL RECORD — HOUSE H 187 Fifth Congressional District for giving message sent to Members in November I have voted for the balanced budget me the honor of representing them in and it is a task I take on gladly. amendment the last two times. I am the U.S. House of Representatives. However, Mr. Speaker, as we head going to vote for it again. But spending On the first day of this Congress, I into this very difficult year of budget got out of control in this country in was proud to help make a downpay- cuts and spending decisions, I would 1981. We sustained more debt in the ment on restoring the public’s faith in like to take this opportunity to recall last 12 years than in all the years prior Congress by passing long overdue con- to Members those qualities that have to that time. gressional reforms. made this country the strongest Na- f When the balanced budget amend- tion and longest-standing democracy ment comes to the floor of the House the world has ever known, namely, BALANCED BUDGET AMENDMENT this month, we will have an oppor- military might and a vital economy. II tunity to make another installment on The United States has shown time our contract with the American people. and time again that its military is sec- (Mrs. SEASTRAND asked and was As I ran for Congress, families ond to none. It has turned back every given permission to address the House stressed to me their fear that the enor- challenge and the men and women who for 1 minute and to revise and extend mous debt that the Federal Govern- serve are the best trained and the most her remarks.) ment has run up will destroy their chil- committed fighting force of any in the Mrs. SEASTRAND. Mr. Speaker, I dren’s and grandchildren’s future. We world. Let us be mindful of their com- rise today to support a balanced budget have a moral imperative to bring an mitment and renew our commitment amendment. We have not balanced this end to the deficit spending that has be- to the strength that has contributed to country’s budget since way before the come a way of life in Washington. Con- the peace we enjoy today. birth of my son Kurt. Mr. Speaker, gress has lacked this restraint to the As for the economy, the engine that Kurt is 25 years old. tune of over $4 trillion. The time has drives growth and creativity, we must As we have heard here on the floor come to commit to a common goal of a never turn our backs on those who lie this week, the vast majority of States balanced budget amendment. It is for at the very heart of the economy, the have balanced budget requirements. our children’s and grandchildren’s American farmer. Our families balance their budgets, our businesses balance their books, and if sake. f many of our States must balance their f CALL FOR A BALANCED BUDGET budgets then there is no reason we cannot balance the books in Washington, b 1140 (Mr. SCARBOROUGH asked and was DC. given permission to address the House THE MEXICAN CRISIS AND ITS What we have heard here from the for 1 minute.) IMPLICATIONS other side of the aisle this week is an Mr. SCARBOROUGH. Mr. Speaker, argument against the balanced budget (Mr. ROTH asked and was given per- for 40 years Congress has failed to do amendment. What we have heard is an mission to address the House for 1 what middle-class Americans and State argument against balancing the budg- minute.) legislators across the country have et. I think our country is too impor- Mr. ROTH. Mr. Speaker, just a few done, and that is to balance the check- tant, our children’s future too precious months ago Mexico was touted as the book. Let the word go forth today that and the next generation too vital to place to invest. NAFTA was passed to the checkbook has been passed for the allow the burden of Federal debt to foster trade and economic integration first time in 40 years to a new genera- continue to pile up. with Mexico. Now Mexico is in crisis. tion of leaders that want to balance Mr. Speaker, I urge my colleagues to The peso is dropping. Their stock mar- the budget and that want to balance join me and support the balanced budg- ket is falling. Interest rates are shoot- the checkbook. et amendment and once again gain con- ing upward, and the economy is facing What do we hear? We hear nothing trol of runaway Federal spending. collapse. but smoke and mirrors from people The implications for us are enor- that talk about GOPAC and try to cre- f mous. American investors in business ate images of Nazi librarians where face huge losses. The American tax- they do not exist. They are red her- BIPARTISAN SUPPORT FOR payer is liable for $9 billion in emer- rings. BALANCED BUDGET AMENDMENT gency loans and much more. Like it or We are here to do a serious task and (Mr. EDWARDS asked and was given not, our economy is linked to Mexico, that is to balance the budget before it permission to address the House for 1 because they are our largest trading is too late. We need help from both minute.) partner. sides of the aisle, because if we do not Mr. EDWARDS. Mr. Speaker, I be- But before we get in any deeper, the do it now, it is going to be late soon. lieve the balanced budget amendment American people and this Congress f is the single most important issue that must understand clearly what the situ- this Congress will face this year or ation is and what our liabilities are. As REVISITING THE REAGAN-BUSH next. I believe it is important that chairman of the International Commit- YEARS Americans understand that this issue tee on Policy subcommittee, my goal is (Mr. HOYER asked and was given is supported on a bipartisan basis by to conduct a full-scale examination of permission to address the House for 1 many Democrats as well as Repub- this crisis and the United States role in minute and to revise and extend his re- licans. In fact, the leader of the bal- rescuing the Mexican economy and its marks.) anced budget fight for many years has implications for the American tax- Mr. HOYER. Ladies and gentlemen, I been Congressman CHARLIE STENHOLM payer. was motivated by the previous speaker. of Texas, a Democrat. f We had a $945 billion debt in America This is not a Republican issue, it is in 1980. We changed the checkbook and not a Democratic issue. It is an issue MILITARY MIGHT AND VITAL one person could have stopped spending about our children, an issue about our ECONOMY KEY in its tracks from 1981 to 1989, one per- grandchildren and their future. The (Mr. CHAMBLISS asked and was son, Ronald Reagan, President of the fundamental question we face is wheth- given permission to address the House United States. We never overrode a er our Congress is going to continue to for 1 minute and to revise and extend veto of the President of the United steal money from our grandchildren to his remarks.) States from 1981 to 1992 dealing with pay for today’s spending. Mr. CHAMBLISS. Mr. Speaker, we in spending in America. Every nickel that I hope this Congress will change that, Congress face the very difficult task of was spent in America from 1981 to 1992 and I hope the American people will reigning in the national debt and re- was because either Ronald Reagan or understand that many Democrats will ducing the size and scope of an over- George Bush signed the bill allowing be at the forefront of fighting for this grown Federal bureaucracy. This was a that expenditure to go forth. most important measure. H 188 CONGRESSIONAL RECORD — HOUSE January 11, 1995 A PROGRESS REPORT ON HAITI? BASE CLOSINGS SPECIAL ORDERS (Mr. GOSS asked and was given per- (Mr. STEARNS asked and was given The SPEAKER pro tempore (Mr. BLI- mission to address the House for 1 permission to address the House for 1 LEY). Under the Speaker’s announced minute and to revise and extend his re- minute.) policy of January 4, 1995, and under a marks.) Mr. STEARNS. Mr. Speaker, I stand previous order of the House, the follow- Mr. GOSS. Mr. Speaker, today is day here to talk to my colleagues about ing Members are recognized for 5 min- 115 of the U.S. occupation of Haiti. For base closure. I think many of us realize utes each. almost 6,000 of our troops still there, we just went through a base closure op- f the mission remains as open-ended and eration not too long ago and I was in- UNFUNDED MANDATE REFORM as ill-defined as it was when it started volved with it. We are having another ACT OF 1995 back in September. Still the White one in 1995. I want to point out to my The SPEAKER pro tempore. Under a House is very vague about the time colleagues we had a vote on the House previous order of the House, the gen- line for the withdrawal of our troops. floor to slow down this process and I tleman from Indiana [Mr. MCINTOSH] is They offer very little substantive com- think it is important we do that. recognized for 5 minutes. mentary on what is the real situation Now that Republicans are in control, Mr. MCINTOSH. Mr. Speaker, I rise in Haiti today where our troops are at I hope all of us will realize we have an today to talk about a critical issue risk. opportunity to preserve some very im- that must be addressed as we address Mr. Speaker, many Members have portant bases around this country, the balanced budget at the Federal questions they would like answered, which brings me to my point about a level, it is very important that we also like: very important base in my congres- protect the taxpayer at the local level. What is the prognosis for an orderly sional district in Jacksonville, FL. It is So I wish to indicate my support for withdrawal of our troops without a re- a naval depot. My friends, it is creating the unfunded mandates bill and the turn to a climate of brutal vengeance a profit. need for liberalizing the rules govern- in Haiti? After all is said and done, here is a ing privatization of Federal infrastruc- Where do Haitian moderates fit into government operation that is creating ture assets by State and local govern- White House plans? profit every year, so why should we be ments. How much is this costing American shutting down something like that? Yesterday, the House Committee on taxpayers as we talk about balancing The community is coming together Government Reform and Oversight completed its markup of H.R. 5 the Un- the budget? very strongly to protect it. In fact on funded Mandate Reform Act of 1995. What is being done about shifting the Monday the First Coast Manufacturing Chairman BILL CLINGER showed tre- aid emphasis from commitments for Association kicked off a campaign of mendous leadership on the first day of handouts for Haitians to support for in- 500,000 postcards in support of the committee business by moving the bill vestments and jobs that will actually Jacksonville depot. so quickly. I strongly support House make a real difference in that coun- f passage of the Unfunded Mandate Re- try’s future? form Act. Mr. Speaker, it is time for some ac- CONTINUING PROCESS OF The Unfunded Mandate Reform Act countability from the White House. It REFORMS of 1995 is an important first step in is our troops that are overseas. right-sizing the Federal Government. (Mr. DREIER asked and was given The November 8 election sent Washing- f permission to address the House for 1 ton a clear message—the American minute and to revise and extend his re- people want smaller, less intrusive gov- ON WHOSE BACK? marks.) ernment. Unfunded Federal mandates (Mr. NEUMANN asked and was given Mr. DREIER. Mr. Speaker, 1 week is one costly example of Federal Gov- permission to address the House for 1 ago today we passed the most dramatic ernment overreach. minute.) reforms of the way this institution The Federal Government taxes gaso- Mr. NEUMANN. Mr. Speaker, the does business in literally decades. It line, cigarettes, payroll for Social Se- naysayers and doubters are out in full was done under the most open amend- curity, and of course, income. But that force scaring the American people ment process imaginable. We had votes is not all. Washington also taxes the about the balanced budget amendment. up or down on eight different provi- American people through costly regu- The question they ask is on whose back sions that passed, not by a simple up- lations placed on State and local governments and the private sector. The will the budget be balanced? or-down vote as we have had in years cost of Federal regulations are hidden Mr. Speaker, I would like to reverse past when the Congress has organized. in increased property and sales taxes, that question and ask on whose back We right now up in the Rules Com- higher fees on services that show up in will the burden fall if we do not bal- mittee are holding a hearing on the un- water and sewer bills, and more expen- ance the budget? funded mandates question so we will sive goods and services. In addition, not see Congress continue to impose these Federal mandates infringe upon b 1150 constraints on State and local govern- the freedom of communities to order If Congress does not act responsibly ment without providing the where- their public lives. In short, the Federal to control wasteful government spend- withal to comply with those con- Government compels taxpayers of both ing and growth, the children of our straints. There are a wide range of State and local governments and the country are the ones who will pay. We things that are going to be going on private sector, either by force of law or now have over $4 trillion in debt. How during this 100-day period. the power of the purse, to pay for its far in debt do we have to go before we But I think it is very important for policies. The America people want re- realize what we are doing to the chil- us to realize that while we did pass lief. dren of our Nation? The American peo- these eight major reforms a week ago The mayor of Richmond, IN, Steve Cornett has indicated that unfunded ple want action and they want action today, the issue of reform did not end Federal mandates have prevented that now. on January 4. We are continuing to review further opportunities to change municipality from improving vital pub- They want a government that is lic safety and infrastructure. The Envi- and improve the operations of the U.S. smaller, less expensive and more effi- ronmental Protection Agency compels cient. They want a government that Congress so that it can in fact become this community to fit its landfill with will control its spending habits. Let us more accountable to the American peo- a $1 million liner, even though the not break the back of our children’s fu- ple and once again be established as landfill is clay and not prone to leech- ture. Let us pass the balanced budget the greatest deliberative body known ing. The city also had to use scarce re- amendment and let us do it now. to man. sources to dig up empty storage tanks January 11, 1995 CONGRESSIONAL RECORD — HOUSE H 189 in a remote area near the Richmond run by the Madison County Depart- I am encouraged that the behind the scenes Municipal Airport. According to Mayor ment of Health, since privatization, the work I have already undertaken appears to Cornett, the opportunity costs of this program has nearly doubled the num- have brought the Speaker's and other Repub- Federal meddling is high. The city ber of women who have access to pre- lican leaders' attention to this problem. I very wants to update fire department equip- natal care in this program and ex- much welcome their willingness to fix their ment, but is strapped for the funding. panded to provide post-natal care. oversight. My intention in introducing this bill is Curbs, sidewalks and streets need re- Just adjacent to my district, the city to make readily availableÐto the appropriate pairs, but the demands of the Federal of Indianapolis is a leader in privatiza- committee and subcommittee chairmenÐlegis- regulations come first. The city of tion. Indianapolis Mayor Steve Gold- lative language to fix this flaw. Having intro- Richmond is not unique in this regard. smith has moved 50 public services into duced this bill, I am hopeful it can be amend- The U.S. Conference of Mayors with the private sector by way of competi- ed into H.R. 4 as soon as possible. the firm of Price Waterhouse assessed tive bidding, at a savings of $115 mil- Legal immigrants should not be used as an the cost of 10 unfunded Federal man- lion. excuse for a broken-down welfare system that dates and found that they consumed has failed to bring people out of poverty. b 11.7 percent of local revenue—(August 1200 The majority of those who receive benefits and September 1993). Mr. Speaker, I urge passage of the are either American citizens or illegal aliens. As I stated, the Unfunded Mandate bill and support for my amendment. The frustrations of this country's failed at- Reform Act of 1995 is an important f tempts to curb the illegal immigration crisis first step. To do the full work of right- should not turn into a backlash on legal immi- The SPEAKER pro tempore. Under a sizing the Federal Government, this grants. previous order of the House, the gen- Congress must also: First, address ex- These law abiding immigrants patiently wait isting unfunded mandates—H.R. 5 di- tleman from Oregon [Mr. DEFAZIO] is and study for 5 years to become U.S. citizens rectly addresses only prospective man- recognized for 5 minutes. while illegal aliens have no regard for the law. dates; Second, level the playing field [Mr. DEFAZIO addressed the House. Legal immigrants contribute to the national between public and private entities— His remarks will appear hereafter in identity, whereas illegal immigrants can all too that is to say, private sector entities the Extensions of Remarks.] often become a burden to the Nation's tax- that provide services such as utilities f payer. should receive the same relief from The SPEAKER pro tempore. Under a I was an immigrant who entered the United regulation as publicly held entities; previous order of the House, the gen- States lawfully. I worked hard for an education and third, reduce barriers to privatiza- tleman from Colorado [Mr. MCINNIS] is and I couldn't wait for the chance to become tion. With regard to the last—privat- recognized for 5 minutes. an American citizen. I still take personal pride ization—I hope to introduce an amend- knowing that I worked hard, paid my fair share ment to H.R. 5 to reduce barriers to the [Mr. MCINNIS addressed the House. of taxes, earned my way, and provided for my privatization of federally financed in- His remarks will appear hereafter in family. frastructure assets by State and local the Extensions of Remarks.] I decided to enter public service so I could governments. f pay back my country for the opportunities that State and local governments should The SPEAKER pro tempore. Under a it gave me. have greater control over infrastruc- previous order of the House, the gentle- Where is the incentive for immigrants to pay ture decisions, on roads, utilities, and woman from New York [Ms. taxes, and to enter the United States legally if airports. Current Federal policy great- VELA´ ZQUEZ] is recognized for 5 min- they are cut off from the system? ly restricts the options available to utes. With this kind of discrimination why not those governments to manage infra- [Ms. VELA´ ZQUEZ addressed the enter illegally? We should prevent thatÐnot structure assets with little regard to House. Her remarks will appear here- encourage it. local priorities. after in the Extensions of Remarks.] This is why I believe that saving money My amendment would allow State from denying legal, taxpaying immigrants the and local governments to transfer Fed- f benefits for which they have paid and may eral-aid facilities to the private sec- The SPEAKER pro tempore. Under a need in the future, is not the answer. tor—either by sale or long-term lease— previous order of the House, the gen- Instead, Congress should focus on how to without repayment of Federal grants, tleman from Nebraska [Mr. BEREUTER] get people already on welfare off of it quickly. provided the facility continues to be is recognized for 5 minutes. The Federal Government has spent billions of used for its original purpose. This leg- [Mr. BEREUTER addressed the tax dollars on people who originally needed a islation is an extension of Executive House. His remarks will appear here- temporary helping hand, but soon became ac- Order 12803 on Privatization that Presi- after in the Extensions of Remarks.] customed to getting a free ride. dent Bush signed in 1992. It would not f Over time, our country has created a per- interfere with any contractural obliga- manent society dependent on the Federal The SPEAKER pro tempore. Under a tions agreed to by local government Government. That must be changed. previous order of the House, the gentle- owners in connection with previous H.R. 4Ðthe Republican welfare reform billÐ woman from Texas [Ms. JACKSON-LEE] grants. will be an effective first step in that process. is recognized for 5 minutes. In my home district, the Second Con- With the changes I have proposed today, I be- gressional District of Indiana, there [Ms. JACKSON-LEE addressed the lieve the Republican efforts at welfare reform are many examples of successful pri- House. Her remarks will appear here- will be even fairer and more successful. vatization efforts. Two in particular after in the Extensions of Remarks.] f are the Muncie Youth Opportunity f Center and the Anderson Community CONGRESSIONAL REFORM Hospital Pregnancy Plus Program. The PROPOSED CHANGES TO H.R. 4, The SPEAKER pro tempore. Under a Muncie Youth Opportunity Center is a WELFARE REFORM LEGISLATION previous order of the House, the gen- home for disadvantaged young people The SPEAKER pro tempore. Under a tleman from California [Mr. DREIER] is privatized and supported by private do- previous order of the House, the gen- recognized for 5 minutes. nations under the very able leadership tleman from California [Mr. KIM] is Mr. DREIER. Mr. Speaker, I have of Judge Steven Caldemeyer. The cen- recognized for 5 minutes. taken this time out to talk about an ter was previously administered by Mr. KIM. Mr. Speaker, I am concerned that issue which I raised briefly in the 1- Delaware County and since its privat- in H.R. 4, the welfare reform legislation, as in- minutes earlier, the question of con- ization, the center has renovated its fa- troduced, unjustly treats taxpaying legal immi- gressional reform. cilities and begun to serve more needy grants the same as illegal aliens. The two are I would like to take time because children in my hometown. The Ander- very different. today marks the 1-week point of the son Community Hospital Pregnancy Therefore, today I am introducing legislation strongest and most dynamic reform of Plus Program offers prenatal care to that will ensure that taxpaying legal immi- this institution that we have seen in women of limited means. Previously grants are not discriminated against. decades, and there has been this sense H 190 CONGRESSIONAL RECORD — HOUSE January 11, 1995 among many that January 4 brought included among them will be further ning Committee, and he was twice ap- about an end to the issue of congres- reform of this institution. pointed chief deputy whip. sional reform. f Ed Madigan was known as a consen- The new Members who are rep- sus builder and at the time of his death resented, among others, by the gen- A TRIBUTE TO ED MADIGAN he was quoted as having said when he tleman from California [Mr. BILBRAY] first entered Congress, as he began his The SPEAKER pro tempore (Mr. BLI- here on the floor insisted that we pass life in the Nation’s Capital, he said a resolution in the Republican con- LEY). Under the Speaker’s announced policy of January 4, 1995, the gen- that he had one goal: ‘‘I have the ambi- ference which called for continued re- tion to be an influential Members of tleman from Illinois [Mr. EWING] is rec- view of the issue of reform of this insti- Congress and to use that influence to tution. Because while we have spent a ognized for 60 minutes as the designee of the majority leader. bring credit to myself and to help peo- couple of years in the Joint Committee ple.’’ I think there is no doubt in all of on the Organization of Congress and in Mr. EWING. Mr. Speaker, we are here today to recognize a former colleague our minds that Ed Madigan achieved our Republican conference talking that goal. about the need to reform the Congress, of ours, a Member who represented On a personal basis, Ed Madigan and we have not completed our job. that part of central Illinois that I now I were both born within 6 months of Now, on January 4 we did a number have the privilege to represent, the each other in the same county, in of things that were extraordinarily im- gentleman who I followed here in these portant, having Congress comply with Halls of Congress in 1991, Mr. Ed Mad- Logan County, IL, and we both grew to laws that are imposed on every other igan. manhood in that rural Illinois county. American, very important; trying to I want to open this special order of Our fathers were close friends, and Ed reduce the number of committees and recognition of the life of Ed Madigan used to enjoy telling his somewhat subcommittees in the Congress, very with a few comments, a little back- long stories about how my father important; reducing the number of ground about this great individual, and would try and outdo his father in some committee staff, very important. But a few personal comments. horse deal; but you know, when his we have not completed that effort. Ed Madigan was born in central Illi- story ended, his father always came I believe that it was really a first nois in January, on January 13, 1936. out on top. But they were interesting, step on the road toward even further He graduated with a business degree amusing stories. reform of the institution. from Lincoln College in Lincoln, IL, a Ed Madigan was a wonderful speaker, Now, as we look at some of the community that was his home his en- and he had so much charisma. He was things that we would like to do, I be- tire life. a man of his word. He was an honorable lieve that this review effort that the He was first elected to the Illinois person. Ed Madigan was loved by his Republican conference has put together House of Representatives in 1966, and constituents, respected by his constitu- will have a great deal of input from he served there for 6 years until he was ents, and he is missed by his former new Members of this institution, and elected to Congress in 1972. While serv- constituents. as they familiarize themselves with the ing in Congress, he was the ranking Re- workings of Congress, I am convinced publican on the Committee on Agri- b 1210 culture the last 8 years in office, and that they will come up with a wide He is survived by his wife Evelyn, range of recommendations which will he played a key part in both the 1985 certainly one of the greatest ladies to include, among other things, probably and 1990 farm bills. ever serve as a spouse in the Washing- even more streamlining of the commit- Ed Madigan received an honorary ton scene; three daughters, Kimberly, tee process. We, I believe, still need to doctorate degree in 1974 from his alma Kellie, and Mary Elizabeth; three look at changes that conceivably could mater, Lincoln College, and he received be made throughout the 104th Con- in 1977 honorary doctorate degrees grandchildren, to whom he was de- gress. from Millikin University and Illinois voted; and a brother, Senator Robert Also, a number of the items that Wesleyan University. Madigan, who serves in the Illinois came up in our rules package need to Probably one of the great highlights State Legislature, and also one sister, be incorporated in statute, and we of his career was when he left Congress Sandra. know that if we are going to have com- to go and serve in the Bush Cabinet as I know that everyone in Illinois joins plete and full compliance of the laws Secretary of Agriculture. He was the with me, as do many of my colleagues imposed on every other American, we 24th Secretary of Agriculture of this here today, to remember Ed Madigan, cannot simply do it with a rules change great country, appointed in 1991, and to honor Ed Madigan, and to celebrate here. We are going to have to look at a he served there throughout the remain- life and his service to this Nation. statute. der of the Bush administration. Mr. Speaker, I would like to yield to So I think that what needs to be real- As I indicated before, he was a life- the gentleman from Kansas, the chair- ized is that tremendous reforms were long resident of Lincoln, IL. He was man of the House Committee on Agri- made with those votes that were cast 1 very proud of that. He never lost the culture, Chairman PAT ROBERTS. week ago today, but much work lies roots from which he came. Mr. ROBERTS. I thank the gen- ahead. We, of course, during this 100- He though and believed that his tleman for yielding. day period are focusing on the balanced major accomplishments in the field of As the gentleman has indicated, Ed budget amendment, unfunded man- agriculture included the part that he Madigan and the Madigan family come dates which we are discussing right played in the 1985 and the 1990 farm from Illinois, Lincoln, IL, as he has now upstairs in the Committee on bills. He pushed for greater market ori- stated, to be exact. And to borrow from Rules, and a wide range of other items, entation in our ag policies, and he was President Lincoln’s famous address, it and then following the first 100 days, the father of our crop insurance pro- is altogether fitting and proper that we we obviously are going to be addressing gram. do this. items which were actually included in He also began the process of reor- More especially, in regard to the gen- that advertisement that appeared in ganizing the USDA, something that we tleman from Illinois [Mr. EWING], who TV Guide magazine, that pointing out have carried forward, and he was a is now so ably representing the 15th things like health care reform. We major contributor to the GATT nego- district, Mr. EWING, like Ed Madigan, have not ignored that, and there are tiations. Ed Madigan not only served serves on the House Agriculture Com- other proposals that will be debated as agriculture when he was in this Con- mittee, and in many ways, I think, ex- we go on into the rest of the 104th Con- gress, but he served as the ranking emplifies Ed Madigan’s legacy of posi- gress. member on Energy and Commerce, and tive attributes. It is important to realize that the on the Subcommittee on Health and All of us who have admired and 104th Congress is not going to be 100 the Environment. known and love Ed want to thank my days long. It is a 2-year period. While In the 97th Congress, he was chair- colleague, more especially, for taking we address issues beyond the 100 days, man of the House Research and Plan- this special order. January 11, 1995 CONGRESSIONAL RECORD — HOUSE H 191 In the House we have a parliamen- Please go on bravely with a gallant smile He was proud to be a public servant at a tary means that allows us to say, in es- And for my sake and in my name, time when public service has been getting sence, ‘‘That was a mighty fine Live on and do all things the same— bad press. speech.’’ Or, ‘‘What you said certainly Spend not your life in empty days, Well, Ed Madigan’s life is the answer we give to those who doubt that a genuine sense makes sense to me.’’ And we put it this But fill each waking hour in useful ways— Reach out your hand in comfort and in of public service still live in this country. way: ‘‘I thank the gentleman,’’ or cheer, As a member of the Energy and Commerce ‘‘gentlewoman, and I associate myself And I in turn will comfort you and hold Committee and of the Agriculture Commit- with his remarks.’’ you near. tee, Ed always brought to his duties that en- Now today there are many, many of And that is the way that Ed would viable but indefinable quality called class. Ed’s friends who share our sense of per- want us to conduct ourselves, to live Ernest Hemingway once defined courage as ‘‘grace under pressure.’’ We might similarly sonal loss and love for this man and his our lives to the fullest, thankful that family, who associate themselves with define class as grace under the glaring spot- the Lord really gave us the oppor- light of public life. this special order. tunity to know him and to share this There was a sense of easy, good-humored In this regard I do want to make spe- all too brief time in space. charm about Ed, always tempered by that cial mention of former Congressman I submit the eulogy of Mr. Michel for sense of reserve, that attractive reticence, that innate self-possession that is as rare as Bob Smith of Oregon. It was Bob Smith the RECORD. and PAT ROBERTS, along with any it is admirable in the rough and tumble farmer and rancher who knew Ed Mad- EULOGY FOR THE HONORABLE EDWARD R. world of politics. igan, who thought we should and MADIGAN And that is how we will remember him: his fought to make Ed Secretary of Agri- class, his sense of calm amidst the storm, (Offered by Republican Leader Robert H. the easy, comfortable charm of the born culture. We had been riding shotgun Michel, Dec. 12, 1994) leader. with him for a long time. Evelyn, Kim, Kellie, Mary Elizabeth, Again I thank the gentleman for The same applies to the members of brother Bob, Sister Sandra and Grand- yielding and reserving this special the ‘‘team’’ Madigan, if I may use that children. order. term, both on the Hill and at the De- It’s a most difficult task to be called upon Mr. EWING. Mr. Speaker, I thank the partment of Agriculture, talking about to speak when you are overcome with grief gentleman from Kansas for his com- Chuck Hilty, Bill O’Connor, Diane in the passing of a loved one. ments. Liesman, Jackie Parke, Mary All the more so when it’s your close friend and colleague who has been taken from you I yield to the gentleman from New McGrane, Allie Devine, and Jim York [Mr. HOUGHTON]. Waller. so suddenly. We find it particularly hard to take when Mr. HOUGHTON. I thank the gen- I would also like to make special the last time we saw Ed, scarcely two tleman very much. mention of former deputy secretary of months ago, he was in his usual good form Mr. Speaker, regarding Ed Madigan, agriculture Ann Veneman, who worked speaking atop a couple of bales of straw at a are there are lots of things that could with Secretary Madigan in streamlin- Logan County Pig Roast he was hosting for be said; we could go through a litany of ing the USDA and certainly making it Ray LaHood just before the election. those things which he did as Secretary more cost-effective. I know this list We simply can’t fathom the speed with of Agriculture or as a Member of the could go on for many special orders in which the scourge of cancer can take its toll House here for 10 years. But that is not on what we all perceived as a very healthy, regards to Ed’s many friends, but I also what I want to talk about. In the few want to mention one person, Ed’s spe- robust, tall and erect good-looking fellow like Ed Madigan. seconds that I have I would just like to cial friend, Joe Quattrone, or ‘‘Joe Q.,’’ Who are we to know what our fate will mention a couple of things. of the House barbershop. All of us miss bring—the whys and wherefores—all we George Romney used to describe him, and he is part of us. know and feel is that Ed was taken from us friends of his as ‘‘a great human.’’ Ed Mr. Speaker and ladies and gen- all too soon. was a great human. He had an impact tleman of the House, in reflecting on His was a life deeply steeped in politics, on all of us here; whether it was, as the what I would like to say and should say and devoted primarily to public service. gentleman from Illinois [Mr. EWING] during this special order, I came to one I knew him as a very able state legislator mentioned, consensus building or what- very obvious conclusion. Simply put, before he came to the Congress where he ever, he recognized and emulated those when our Republican leader Bob Michel served for another 20 years prior to being selected by President Bush as his Secretary of great human qualities which I would spoke in giving the moving and very el- Agriculture. like to feel we all aspire to. oquent eulogy for Ed Madigan, he During the extended period we worked But another thing, President Eisen- spoke for us all. And borrowing from closely together and became fast friends. hower used to have on his desk a say- Lincoln again, I believe we can neither He was not the flamboyant type, but rath- ing that said, ‘‘Suaviter in modo add nor detract from what Bob Michel er one who prided himself in doing his home- fortiter in re.’’ That means, ‘‘Softly in stated. work, quietly going about his business, get- manner, strongly in deed.’’ That is Mr. Michel’s eulogy will follow my ting the facts, and being a stickler for detail. what Ed represented. We talk, we show remarks. So in closing, let me say on In short, he was a legislator of the old our emotion on a variety of different behalf of Ed’s family, his wife Evelyn— school. issues, but Ed was always interested in A legislative craftsman genuinely inter- and what a source of strength and re- ested—and marvelously skilled—in forming the deed rather than the emotion or solve and love she has been to us all good legislation out of the give-and-take of the show. I would like to feel that as he and to Ed and the family: To Kim, debate and discussion. was trying to build sort of a family- Kellie, Mary Elizabeth, brother Bob, To legislate successfully in a democracy friendly Agriculture Department at- sister Sandra, and all of the grand- means not only being able to understand the mosphere, down here we are trying to children, that we share in your sense of problems, or articulate the problems, but build a citizen-friendly atmosphere. I personal loss and that you are in our also the rare ability to work with colleagues hope he would be proud of us. prayers. on both sides of the aisle to solve the prob- I thank the gentleman for yielding. lems. Mr. EWING. I thank the gentleman. I If Ed were with us today, in his true Some political activists call such an ap- Irish wit, he would put his glasses down proach ‘‘compromise.’’ Ed called it by its would now like to yield to the gen- on his nose, sitting somewhere in the real name: democracy in action. tleman from Texas, the former chair- House, and as he has done many times I can tell you from experience that not ev- man of the Committee on Agriculture, in the House Committee on Agri- eryone is capable of enduring the long hours, Mr. DE LA GARZA. culture, he would say, ‘‘That is enough, the endless debates, the mixture of raging Mr. DE LA GARZA. I thank my distin- Roberts.’’ ego and intense ambition and partisan enmi- guished colleague. But I do want to repeat a quote from ties that make up so much of the legislative Mr. Speaker, today we gather to pay process. tribute to one of our former colleagues Helen Steiner Rice which I think pret- But Ed Madigan, with that sense of civility ty well sums up how we feel and how and reserve and decency which seemed inher- and a former Secretary of Agriculture, we should feel as we celebrate Ed’s life. ent in him, went about his work patiently the Honorable Ed Madigan. It is with Helen Steiner Rice said the following: and proudly, always being the perfect gen- great sadness at his death that I want When I must leave you for a little while, tleman. to take this opportunity to say about H 192 CONGRESSIONAL RECORD — HOUSE January 11, 1995 our recently departed colleague what ministration for the TEFRA bill. That body, and I am glad to follow people an outstanding individual he was. I use was the bill that was going to try to re- like the gentleman from Kansas [Mr. that word earnestly, since Ed Mad- store some tax revenue after the big ROBERTS] with whom I sat side by side igan’s life was nothing less than that. tax cut in 1981, and after we returned while Ed Madigan was our ranking Ed Madigan came to these hallowed from Camp David that afternoon, the member, and he always said, ‘‘It’s time halls, as I did, from the statehouse. He news media asked a lot of us there for the authorizers and appropriators made his decision to run for congres- what was it all about, and they asked to be getting together,’’ and we are sional office in order to be more in- Ed Madigan. Particularly they said: doing exactly that. It is a good com- volved with the political process on a ‘‘We understand you’re already in bination, and, under that tutelage, I national level, wanting to make a real favor of TEFRA. Why did you go up to think it is a stamp of the kind of indi- difference to the people of Illinois who Camp David with all of these other vidual that Mr. Madigan was, that he had elected him to Congress, and he folks who were allegedly undecided?’’ imbued within people who come to did. With great enthusiasm, knowledge, And Ed, with that wry smile of his, Congress a sense of service with great and legislative prowess, that is exactly said, ‘‘I suspect I was a shill,’’ and that dignity and always with a very re- what he did in his years here as part of was really the embodiment of his per- served, never overexcited or a grenade this illustrious body. I had the honor sonality. thrower, but just one who had a simple and privilege to have him as my rank- I valued his friendship; I valued our approach to the thing of ‘‘Let’s get the ing minority member of the Agri- service together on the committee. We job done.’’ culture Committee when I was chair- will dearly miss Ed. Our best to Evelyn Mr. Speaker, I came to the floor of man. and the entire family. Our condolences, the House with a number of my col- He was a self-confident man, a natu- but with strong memories of Ed as a leagues of the House today to express ral leader, and it was only fitting for great personality here in this House our deepest sympathies to the family him to cap his career in 1991 by being who was well respected and well liked and friends of Ed Madigan who passed appointed as the Secretary of Agri- by everyone he served with. away on December 7, 1994. He is a close culture. I say this because his quali- Mr. Speaker, perhaps the name of Ed Mad- friend of mine, and I know that I join fications for this job were superb. igan's hometown can give you an idea of the many others in saying that we will all Once in this position, he exercised type of leadership qualities and personal at- miss him greatly. I always enjoyed get- them skillfully, overseeing the Na- tributes he possessed. As a native of Lincoln, ting together with Ed, no matter what tion’s agricultural needs and drawing IL, Ed had become an influential member of the task was that we had at hand, be- upon his knowledge and expertise as a the State in just 6 years. He made the move cause I valued our friendship and most- former member of the House Agri- from the Illinois House of Representatives, ly because he was a gentleman’s gen- culture Committee to do so. where he had served since 1966, to the U.S. tleman, and I always appreciated his We worked together for things agri- House of Representatives in 1972. quiet, sincere but enthusiastic, man- culture; as colleagues and as friends, Ed embodied all of the characteristics of an ner. we traveled together for American ag- admirable Republican leader. His honesty and Ed Madigan embodied what makes riculture to different parts of the integrity made him a devoted public servant. this town and this institution the spe- world; we worked with the leaders of His shrewdness and enthusiasm made him ef- cial place that it is. His good nature the major countries of the world and fective. His qualities are at the foundation of and talent for knowing how to get also with the less-developed countries, Republican ideals, and by using these at- things done in Washington served him, and many of these areas that he tributes, Ed earned the trust of his colleagues his constituency and this country well. worked on are now coming to fruition. as well as our respect. The farmers and ranchers in Illinois He worked on or started so many Ed was a great legislative strategist. His be- and rural areas around the country owe things that now we are finalizing. hind the scenes style of compromise earned a special debt of gratitude to Ed Mad- To me it will always be an honor to him the position of U.S. Agriculture Secretary igan, his family, and his supporters. Ed have had the privilege of working with under President Bush. Prior to becoming sec- could discuss the intricacies of agricul- Ed Madigan. To have been his friend retary, Ed was selected to 10 terms in the tural policy in a way that spoke di- meant even more. His loss is a personal U.S. House where he served in several lead- rectly to agricultural producers, and he one, and I will miss him greatly. ership positions, including chief deputy minor- initiated a number of revolutionary ity whip and chairman of the House Repub- ideas in Congress and at the Depart- b 1220 lican Research Committee. ment of Agriculture, and many of these I extend my condolences to his wife, Over the course of his political years, Ed policies continue through the current Evelyn, and to his family. used his influence to promote the vast inter- administration. His plan to reorganize Mr. EWING. I thank the gentleman ests of his Illinois constituents through service the Department of Agriculture will for his comments, and I yield to the on the Youth and Families Committee and the save taxpayers millions of dollars gentleman from Ohio [Mr. OXLEY]. Veterans' Affairs Committee. As the agri- while providing agricultural producers Mr. OXLEY. Mr. Speaker, I want to culture committee's ranking Republican, he with a much more efficient and effec- first thank the gentleman from Illinois was one of the few farm-state Republicans tive Department of Agriculture. [Mr. EWING] for this special order for willing to apply free market principles to crops When I first came to Congress in 1980, Ed Madigan, and I have some prepared that grew in his district. Also, he was instru- Mr. Speaker, Ed and I immediately be- remarks, but I just would like to make mental in many decisions concerning health came friends, and I often looked to him a couple of personal comments. and environmental issues, as well as transpor- for advice and counsel. He was my first Ed was a long-time friend and mentation issues. ranking member on the Committee on tor, and I know a lot of the members of When Ed began his life in the Nation's Cap- Agriculture, and we continued to stay the Ag Committee talked about his ital, he said he had but one goal: ``I have the in touch over the years as I went up to service on the Ag Committee, but he ambition to be an influential Member of Con- the Committee on Appropriations and also had distinguished service for many gress and to use that influence to bring credit he went on to the Bush administration. years on the Committee on Energy and to myself and to help people.'' Mr. Speaker, I regret that he is not Commerce, and I considered him one of I think we can all agree that his goal was here today to share this wonderful my mentors when I came to the com- achieved. change of positions and thus acquiring mittee back in 1984. I found him to be Mr. EWING. Mr. Speaker, I yield to the majority status in this body be- truly the embodiment of what a public the gentleman from New Mexico [Mr. cause he was a very much majority-ori- servant ought to be, one who did not SKEEN]. ented individual. take himself too seriously, but took his Mr. SKEEN. Mr. Speaker, I want to I say to my colleagues, ‘‘I know Ed’s job very seriously, one who could spin thank the gentleman from Illinois [Mr. legacy and memory will live for years a good story as well as anybody. EWING] for the time that he has taken to come, and I feel very fortunate to I remember in one particular case we for this special order because I think it have known Ed, as many of you have as were asked to go to Camp David to be is most appropriate for one of the fin- well, and I again appreciate that kind lobbied very heavily by the Reagan ad- est gentlemen who ever served in this of friendship because, when it’s all January 11, 1995 CONGRESSIONAL RECORD — HOUSE H 193 over, that’s what you take with you other Illinoisan served on—Abraham feat as he did in victory. Ed Madigan when you go.’’ Lincoln. impressed me as a man who had real Mr. EWING. Mr. Speaker, I thank the One of the things I always remem- class. He was gracious and fair-minded, gentleman. bered that I shared particularly with and I gained respect for him on my Mr. Speaker, I yield to the gentleman Ed, Ed, I guess coming from the taxi own, with fresh realization of what my from Illinois [Mr. HASTERT]. business, loved old automobiles, and he father’s earlier praise really meant. Mr. HASTERT. Mr. Speaker, I thank could talk about old Lincolns and old In public service, if we are lucky, we the gentleman from Illinois [Mr. Packards. You could see his eyes light form many friendships with colleagues, EWING] for reserving this time. up with the love of those cars, and he and when it comes to remembering I rise today to join my colleagues in actually collected a few. them under these circumstances we marking a passing of a former Member We have to look back on Ed Madigan may tend to recall personal traits over of the House, a person that is certainly with a smile and a tear for his loss, actual accomplishment. So I want to unique. Ed Madigan of the 15th District but, Mr. Speaker, I say to my col- end my tribute to Ed Madigan today by of Illinois was not only a friend and a leagues that I take the well today be- relating what people who know agri- colleague, but certainly a mentor. cause Ed was a friend. He was also a culture saw as a true labor of love by Ed serve in this House, in this Na- leader of this House, and he rep- Ed and a victory by anyone’s stand- tion, over a period of two decades. He resented the best that this House ards. was first elected to this House in 1972 stands for. He certainly was a person When the 1985 farm bill was being following three terms in the Illinois who could cut through a lot of non- written, of vital importance to farm legislature, and served ably, both as a sense. He was a person who cut to the families and related businesses and quick of what the issues were. their employees, a tangle of legislation representative of his district in central We remember him fondly today as a banded together for full House consid- Illinois and later as Secretary of Agri- friend and a fellow Member of this Con- eration made its way to the floor but culture during the Bush administra- gress and as a man who did his best to for all intents and purposes was tion. serve the people he loved. For a Mem- doomed. I remember the gentleman from Lin- ber of the House of Representatives, I The effort to mold a planning docu- coln as both a friend as a mentor. We guess we can ask no greater honor. ment, on which so many people and so both served for 6 years in the Illinois Mr. EWING. Mr. Speaker, I thank the much commerce would depend, was in House prior to coming to Washington gentleman from Illinois [Mr. HASTERT]. disarray. It was headed for defeat, but and we both served on the House En- Mr. Speaker, I yield to the gentleman Ed Madigan’s amendments saved it. ergy and Commerce Committee. In from New York [Mr. WALSH]. Ed Madigan, who honored the mem- fact, I remember just coming on the Mr. WALSH. Mr. Speaker, my tribute ory of Abraham Lincoln and modeled House Committee on Agriculture or to Ed Madigan is on behalf of myself, himself in some ways after his fellow House Committee on Energy and Com- because I lost a friend, and my father, Illinois Representative, virtually re- merce, and Ed was kind of giving me who had the pleasure of serving with wrote the farm bill on the floor in a advice all the way along, and finally Ed Madigan in this House a little over way that not only accomplished the one day he said, ‘‘Well, what are your a decade ago, and who indeed, also, has short-term goal—but, amazingly, was subcommittees going be,’’ and I said, lost a friend. Because it is true that if so cohesive and comprehensive that it ‘‘Well, Ed, I wanted to be on the Tele- you ever served with Ed, you probably served as a blueprint for the farms bills communication Subcommittee,’’ and I ended up his friend. to follow. thought it was important to be on the In the tradition of Irish stock who I said I lost a friend, and for that I Energy Subcommittee, and he said, emigrated to America to fill positions am sad. But I am happy now to recall ‘‘I’m a ranking member on the Health in civic duty, some of Ed Madigan’s an- his work and honor his memory. Thank and Environment Subcommittee,’’ and cestors were in law enforcement. His you. he said, ‘‘You know it would serve you father was a sheriff, of which Ed was Mr. EWING. Mr. Speaker, I thank the well to get on that subcommittee be- very proud. A strapping man, hand- gentleman from New York [Mr. cause,’’ he said, ‘‘you know it’s going some and smiling, Ed Madigan was a WALSH]. to be a lot of things happening in powerful figure who could tell a good Mr. Speaker, I now yield to the gen- health and environment in the next story, who had a sense of humor. tleman from New York [Mr. GILMAN]. year or two.’’ And, sure enough, I put After I was first elected to the House, Mr. GILMAN. Mr. Speaker, I thank in to get on the Health Subcommittee, before I got down here, my father told the gentleman from Illinois [Mr. and within 3 weeks Ed Madigan was me about Ed Madigan, suggested I look EWING] for arranging this special order Secretary of Agriculture, and I sat on him up. When I did, the man took me and for providing us with this oppor- that committee being the only Illinois under his wing as if a self-appointed tunity to pay tribute to an outstanding person on it and later taking on all the mentor. I had requested a seat on the figure in American Government; Ed- health issues, and Ed would call me Agriculture Committee and of course ward Madigan. from time to time and lend me some Ed was the ranking member in those Former Congressman and Secretary good advice. days when we were in the minority. At of Agriculture, Edward Madigan, Ed, when I think of his time in both the same time, by the way, he was passed away on December 7 after bat- agriculture, and in science issues, and ranking member of Energy and Com- tling lung cancer. Ed Madigan served the energy issues, and telephone issues, merce, just to give you an idea of what as our Nation’s 24th Secretary of Agri- I also think of his time, as my col- he could accomplish. culture under President Bush. Prior to leagues know, that Ed was not a pro- What I learned from him on the Agri- becoming our Agriculture Secretary, fessional politician. He had came from culture Committee was invaluable. I Ed was my classmate, the class of 1972. Lincoln, IL, and he ran the local taxi learned about some things from him He was elected to 10 terms in the House company in Lincoln, IL. about farming, for sure, and about poli- where he meritoriously served in sev- tics. But mostly I learned that a eral leadership positions, including the b 1230 thoughtful, sincere approach in a dis- ranking member of the Committee on Prior to that his dad and he ran a liv- tinguished and respectable manner can Agriculture, the chief deputy minority ery company, a horse-trading and serv- accomplish as much, if not more, than whip, and as the chairman of the Re- ice company in Lincoln, IL. So the sto- bluster. publican Research Committee. ries and the humor that Ed pulled out Soon after I was here, he got involved In our House Chamber where, during from time to time go back to those in the race for whip, and I was happy to Ed’s tenure, Democrats outnumbered earthy times back in Illinois dealing work for him. He lost the race, a very Republicans, Ed was highly effective in with Illinois farmers. He was never a close race to a brilliant and rising star garnering wide support from both sides farmer, but he knew the farmers and in Republican House politics, our cur- of the aisle. As the senior Republican the people that he dealt with there al- rent Speaker NEWT GINGRICH. Ed on the Agriculture and Energy and most on the same hustings that an- showed strength and character in de- Commerce Committees, Ed had as H 194 CONGRESSIONAL RECORD — HOUSE January 11, 1995 much impact on public policy over the As is demonstrated by those who par- 1973 was the potential impeachment of a Re- last decade as all but a few senior ticipate today in this special order, Ed publican president, Richard Nixon. Democrats. Madigan was loved and admired by ‘‘I would have voted to impeach, too,’’ he once told me, ‘‘because not even the presi- Ed seized the opportunity for leaving Members of both sides of the aisle. dent is above the law.’’ a significant imprint on the 1985 farm b 1240 He fought to restrict the growth of govern- bill, winning approval of an amendment, but spent a legislative career power- ment that in effect determined the On a very personal note, I must take lessly watching it multiply. In his congres- measure’s main thrust. His expertise, special note of the fact that the last sional district, the very center of Illinois’ willingness, and proficiency will be public event that Ed Madigan partici- abundant agriculture, government employ- sorely missed when the 104th Congress pated in was a fund raising hog roast ees outnumber farmers by a 5-to-1 ratio. The irony contained in that unbalanced gathers again to discuss and debate for me in his home county on October equation was not lost on him in farm policy farm issues. 3. I knew he was not feeling well, but writing, either. Mr. Speaker, I am proud to associate he never complained. He stood before a As a rookie Republican on the House Agri- myself with the remarks of our col- group of 300 of his neighbors and culture Committee, he voted for the 29-page, leagues praising one of the most re- friends to spin tales and offer support- 1973 Farm Bill. The last Farm Bill he helped markable countrymen of our time. ive comments on my behalf, for which craft as the ranking minority member in 1990 Most importantly, Ed was a good friend I will forever be grateful. totaled a staggering 719 pages. In conclusion, I want to quote from a Despite being viewed as a moderate, he was and a dear colleague who personally as- often staunchly partisan. When he preached sisted my constituency. He was sin- column by Alan Guebert, an agricul- the party line, however, it usually was in cerely helpful and supportive of the tural writer, which I will enter into the private and it always was with unfailing po- farmers in my congressional district, RECORD: ‘‘There are two kinds of politi- liteness. especially Orange County. Ed gra- cians, show horses and work horses.’’ He disliked the take-no-prisoners politics ciously and eloquently addressed my He was by his own admission the lat- of today’s Republican leadership. He saw its constituents during one of our Cham- ter, a work horse; a man who sought rise and tried to stop it by challenging Newt Gingrich for the Republican whip’s job in ber days. fairness, not fame. He never sought the television lights. 1989. He lost that intraparty fight by two To Ed’s gracious wife, Evelyn, and votes—87 to 85—and confrontation replaced his three wonderful children, our When Edward R. Madigan was low- compromise in his beloved House. thoughts and our condolences are with ered into the deep black prairie on the Weary of always being in the minority— you. The Congress of the United States afternoon of December 12, 8 straight and, having seen the Republicans snare the has lost a true statesman and to many days of dismal winter weather broke, presidency four times during his Washington a good friend. Ed Madigan brought a and stunning sunshine flooded the Illi- tenure without making a dent in the Demo- sense of leadership, of dignity, and ex- nois farm country. cratic majority in the House—he lost faith in I would like to conclude today by early 1991 and opted out. perience that was unparalleled. He When he notified the White House in Janu- asking to have entered into the RECORD made his mark and will be sorely ary 1991 of his interest in the vacant sec- missed by his colleagues. the heartfelt eulogies delivered by Illi- retary of agriculture post—indirectly and Mr. EWING. Mr. Speaker, I thank the nois Gov. Jim Edgar and my former very discreetly, of course—the job looked gentleman from New York [Mr. GIL- boss and former Republican leader, safe for six years. George Bush was cruising MAN]. Congressman Bob Michel. toward re-election with a sparkling voter ap- Mr. Speaker, I now yield to a new Again to you, Tom, thank you so proval rating of 87 percent. much for arranging this special order. But Bush stumbled in 1992 and the man Member of the Illinois delegation, an who had trained 18 years to lead American old friend of Ed Madigan, the gen- ED MADIGAN: HE LED QUIETLY AND SOUGHT agriculture silently left USDA after just 18 tleman from Illinois [Mr. LAHOOD]. FAIRNESS, NOT FAME months as secretary. It was the one time his Mr. LAHOOD. Mr. Speaker, this is my (By Alan Guebert) political instinct had failed him. first opportunity to stand in the well of There are only two types of politicians, he But he did not complain. He never com- the House, and I take it very seriously liked to say: show horses and workhouses. He plained. He led. And he led quietly. Like a because I am pleased to participate in was, by his own admission, the latter; a man workhorse. who sought fairness, not fame or television When Edward R. Madigan was lowered into a special order to honor our former col- the deep, black prairie on the afternoon of league, Ed Madigan. My special thanks lights. Yet fame finally found him. And when it Dec. 12, eight straight days of dismal winter to you, TOM EWING, a friend and a did, he glided through glittering Washington weather broke and stunning sunshine flooded neighbor, for setting aside this time to in limousines. His friends all knew, however, the Illinois farm country. honor Ed Madigan, who obviously was that he was more comfortable exploring EULOGY OF HON. ROBERT MICHEL FOR ED a dear friend of yours and of many oth- junkyards for vintage jalopies. MADIGAN ers. His predecessors at the U.S. Department of Evelyn, Kim, Kellie, Mary Elizabeth, While Ed was a Member of Congress Agriculture possessed farm backgrounds and brother Bob, Sister Sandra and Grand- he represented a large part of the dis- walls full of postgraduate degrees. But he children. trict which I currently represent. Ed grew up driving his father’s taxi, not trac- It’s a most difficult task to be called upon and his lovely wife, Evelyn, resided in tors, around Lincoln. The only advanced de- to speak when you are overcome with grief gree he earned—other than honorary—came in the passing of a loved one. their hometown of Lincoln, where he from the Knights of Columbus. All the more so when it’s your close friend was finally laid to rest. He served in the Illinois House of Rep- and colleague who has been taken from you I have known Ed for a long time, but resentatives for six years, the U.S. House of so suddenly. my fondest memories will always be Representatives for 18 years and USDA for We find it particularly hard to take when his knack of telling great stories. He two years. But before he served Central Illi- the last time we saw Ed, scarcely two had a very dry sense of humor, and he nois, the nation and farmers, he first served months ago, he was in his usual good form used his tale-spinning ability to enter- his church as an altar boy for 12 years. speaking atop a couple of bales of straw at a tain audiences with one funny story After he stepped into public service in Logan County Pig Roast he was hosting for early 1966, he won an enviable string of 13 Ray LaHood just before the election. after another. Because of this talent, I consecutive races in 26 years. After he left We simply can’t fathom the speed with will always remember Ed Madigan as public office in 1992, he lost his biggest race which the scourge of cancer can take its toll the ‘‘Will Rogers of central Illinois.’’ of all Dec. 7. on what we all perceived as a very healthy, He was an astute politician who He pushed, cajoled, jawbound and jostled robust, tall and erect good-looking fellow could draw a congressional map to negotiators of the European Union into ac- like Ed Madigan. favor those of his own party. He was a cepting the first-ever global trade treaty for Who are we to know what our fate will talented legislator and craftsman who agriculture. But he passed away one day be- bring—the whys and wherefores—all we helped to write an 800-page farm bill in fore President Bill Clinton signed the Gen- know and feel is that Ed was taken from us eral Agreement on Tariffs and Trade. all too soon. 1990, and he was a statesman, as evi- He devoted his life to the Republican His was a life deeply steeped in politics, denced by his tenure as Secretary of Party, just as his father, ‘‘Red,’’ had done as and devoted primarily to public service. Agriculture during the Bush adminis- a GOP stalwart for 40 years. But the first big I knew him as a very able state legislator tration. vote he faced as a freshman congressman in before he came to the Congress where he January 11, 1995 CONGRESSIONAL RECORD — HOUSE H 195 served for another 20 years prior to being se- Over the past decade, he has had as much gentleman from Wisconsin [Mr. GUN- lected by President Bush as his Secretary of impact on public policy as all but a few sen- DERSON]. Agriculture. ior democrats. As Secretary of Agriculture, (Mr. GUNDERSON asked and was During the extended period we worked he was equally as effective though unfortu- given permission to revise and extend closely together and became fast friends. nately he didn’t serve in that position as He was not the flamboyant type, but rath- long as he did in Congress. I well remember his remarks.) er one who prided himself in doing his home- in the closing days of the bush Administra- Mr. GUNDERSON. Mr. Speaker, I work, quietly going about his business, get- tion, talking to Ed by phones and saying want to thank our friend and colleague ting the facts, and being a stickler for detail. ‘‘are you kind of winding down?’’ * * * he from Illinois, like everyone else has, In short, he was a legislator of the old says ‘‘No, I have to go back and forth to Eu- for doing this, because I think it is school. rope as I am trying to negotiate part of the only appropriate that we take time to A legislative craftsman genuinely inter- Gatt Treaty’’ * * * and I thought to myself remember someone who was such a val- at that time, how fortunate the farmers of ested—and marvelously skilled—in forming uable part, both of this institution, of good legislation out of the give-and-take of this country and all of us were to have some- debate and discussion. one with the ability to negotiate like Ed service to this country in many dif- To legislate successfully in a democracy Madigan representing us. And that reminded ferent facets, and to us personally. means not only being able to understand the me the other day when one of the newspaper I had the privilege of working with problems, or articulate the problems, but stories told of a Democratic Congressman Ed Madigan on the House Committee also the rare ability to work with colleagues who commented about Ed that he was a per- on Agriculture for much of the past 12 on both sides of the aisle to solve the prob- son when you negotiated with him and you years, until he went down to the De- lems. all got done, you realized you had all bought the same horse a couple of times. And he partment. Ed and I had this affection Some political activists call such an ap- for each other. We called each other proach ‘‘compromise.’’ Ed called it by its meant that as a highest compliment. real name: democracy in action. Ed Madigan had many outstanding charac- Mr. Leader. He had reason to be called I can tell you from experience that not ev- teristics. Those of you would attended Re- leader, and I think he did it for me just eryone is capable of enduring the long hours, publican functions during the year knew out of friendship and in response. But, the endless debates, the mixture of raging that whenever Ed Madigan was going to of course, he then became our leader. ego and intense ambition and partisan enmi- speak, you could count on a good story. He He became our leader on the House learned that well from the namesake of his ties that make up so much of the legislative Committee on Agriculture, and, as oth- process. hometown, Lincoln. In fact, the only fear I had when he started to tell those stories ers have said, astutely, in different But Ed Madigan, with that sense of civility times, managed the farm bill. and reserve and decency which seemed inher- * * * that I might be the object of one of ent in him, went about his work patiently those stories. I think many people remember him and proudly, always being the perfect gen- Ed Madigan also had the characteristic of as well with his leadership on the Sub- tleman. loyalty. In fact, that was something I always committee of Health over in Energy He was proud to be a public servant at a admired * * * he was very loyal—loyal to and Commerce. I told the press when time when public service has been getting family. In fact, I don’t know of any time I he became Secretary of Agriculture bad press. journeyed out to Washington or he was back in Springfield, we sat down and talked about that Ed Madigan was the best agricul- Well, Ed Madigan’s life is the answer we tural strategist I have every known, give to those who doubt that a genuine sense things, that he didn’t bring up a member of of public service still lives in this country. the family. and I suspect he will continue to be As a member of the Energy and Commerce To his community, even though he went that for some time. Committee and of the Agriculture Commit- far in Washington, he never forgot his roots. He was able to quietly and carefully, tee, Ed always brought to his duties that en- He never forgot particularly, his hometown and yet all knowingly, listen to his col- viable but indefinable quality called class. of Lincoln and the many people he grew up leagues, listen to his constituency, Ernest Hemingway once defined courage as with and represented there so well. The mayor was quoted in the paper the other day whether it be in Illinois or in agri- ‘‘grace under pressure.’’ We might similarly culture communities across this coun- define class as grace under the glaring spot- saying ‘‘the day he became Secretary of Ag- light of public life. riculture, Ed Madigan traced him down— try, and design within the realm of the There was a sense of easy, good-humored tracked him down (I think) on vacation, and possible the best possible package. charm about Ed, always tempered by that said, ‘‘oh, by the way, you need to know Finally, I think Ed Madigan should sense of reserve, that attractive reticence, about this grant that could help Lincoln.’’ be remembered not only as a leader and that innate self-possessiony that is as rare as That’s the way he was, very loyal to fam- a strategist, but he should be remem- ily, to community, and to friends. I consider it is admirable in the rough and tumble bered as one committed to public serv- world of politics. Ed Madigan one of the closest friends I’ve had in politics. ice. Ed Madigan took over the leader- And that is how we will remember him: his ship of the House Committee on Agri- class, his sense of calm amidst the storm, We first met in 1971. He was a young mem- the easy, comfortable charm of the born ber of the Illinois House and I was a young culture because he was the right man leader. staffer in the Illinois State Senate. And we for the right time to do that. He be- worked on reapportionment. Now, those of came Secretary of Agriculture under JIM EDGAR EULOGY ED MADIGAN FUNERAL you who knew Ed, knew that there was noth- George Bush because he was the right Reverend Clergy, Eveline and members of ing more important than politics and par- man to take that job at that time. Nei- the family, to my colleagues in government ticularly, reapportionment. He was a very skilled negotiator at an early age. And from ther of these were appointments that and to friends and neighbors of Ed Madigan were necessarily looked upon and * * * I consider it a great honor to be asked that point in 1971, we became close friends. to say a few words about my good friend. But And no matter when I needed help or needed sought by Ed Madigan for a long period first, on behalf of Brenda and myself and all advice, and I would turn to Ed, he was al- of time and yet he recognized that the people of Illinois, Eveline, to you, and ways available. Whether I was just a staffer there comes a time and place when you members of the family, let us express our or later a State Legislator, or Secretary of can make a special contribution, and sympathy and best wishes. State, or then as Governor, he always had as the gentleman before me said, not Ed Madigan is without doubt, one of the time no matter what he was doing in Wash- with the fanfare of the press, not with most effective and competent public officials ington, to set aside part of his day to meet with me. the glare of the lights, and the public- I ever had the pleasure of knowing or work- ity that follows with it, but rather ing with. As a legislator, he was second to Ed Madigan was truly a good friend and I none. Particularly when you consider the 24 am sure I speak for many many in this with the sincere commitment that he years he spent in the legislative branch of church today who felt that way about Ed. had an opportunity and ability to government, only six of those years, the first Much can be said about Ed, but to me, I make a great contribution to this six, when he was a member of the Illinois guess the most important thing was he was country. House, he was in the majority party. All the someone you could always could on. Some- He did it in this Congress, he did it as time he served in the United States Con- one who in his quiet and effective way, made Secretary of Agriculture, he has done gress, he was in the minority party. but a difference. We will all miss Ed. But more importantly, no matter how long we live, we it for this country. We are all better throughout his legislative career, he was ex- because of that. tremely effective. As politics in America will always be very appreciative that we had * * * said of Ed, no one seems to have told a chance to know Ed and we will never forget Mr. EWING. I thank the gentleman Madigan that Republican’s are at a disadvan- Ed Madigan. for those comments. I now yield to the tage when it comes to writing legislation in Mr. EWING. Thank you for your distinguished Member from California a heavily Democratic House. comments. I yield 2 minutes to the [Mr. WAXMAN]. H 196 CONGRESSIONAL RECORD — HOUSE January 11, 1995

Mr. WAXMAN. I thank you very Mr. LEWIS of California. TOM EWING, centered around all of us needing to much for yielding to me, and I want to I very much appreciate your yielding recognize how important it is that we join in this memorial service and com- me this time, and especially appreciate take time out and appreciate laughing memorate the relationship that so having this special order in memory of at ourselves. many of us had with our colleague, Ed Ed Madigan. We will miss you, Ed. Madigan. Ed and I served together on Ed Madigan was one of the greatest Mr. EWING. Mr. Speaker, I thank the the Commerce Committee, and for a Secretaries of Agriculture that this gentleman. number of years he was the ranking country will ever have. Ed Madigan I now yield to the gentleman from minority member of the Subcommittee was one of the finest human beings Virginia [Mr. BLILEY]. on Health and Environment during the that one could ever hope to meet. Mr. BLILEY. Mr. Speaker, I thank time that I served as chairman. Much has been said about his home- the gentleman from Illinois for yield- It was a honor to have worked with town of Lincoln, IL, and the parallel ing to me. him. He was a man who was dedicated between Ed and other great leaders When I came to this body, in 1980, the to solving problems, to trying to figure from his State. Ed Madigan was, first minority leader and the Committee on out what the issues were, how can we and foremost a member of the House. Committees assigned me to the Com- resolve philosophical differences, which Nobody, but nobody, in my experience merce Committee. And once arriving we obviously had, but how do you solve reflected more the qualities and the there, the then ranking member, Jim real world problems to make this a bet- mix of talent and personality that ter country. makes a great Congressman than Ed Broyhill from North Carolina, assigned We worked together on a number of Madigan. me to the Health and Environment issues. One was the breast cancer legis- I must say that my picture of him at Subcommittee where I first met Ed lation. That legislation provided addi- this moment was back there behind the Madigan, who at that time was ranking tional funds to combat this disease, to rail off the House floor. I was a new member and, indeed, remained ranking get screening so women would have Member coming from California, frus- member on the Health Subcommittee mammographies to try to find the can- trated by the longstanding minority on Commerce until President Bush cer early and be able to totally eradi- status that we experienced in the asked him to take over the Agriculture cate it. House. New Members, who served in Department in his Cabinet. He was very much in support of giv- their own State legislature as Ed did, He was a great help to me. I had not ing information to consumers about quickly learned that you didn’t have come from State government. I had nutrition and foods so that consumers much to say around this place being in come from local government, city could make their own choices, and he the minority. council, and mayor. He helped me im- and I worked very closely on that legis- measurably in my first term and, in- b 1250 lation. deed, in all the terms when he was We worked on environmental issues Ed saw my frustration, came up to ranking member. like the Safe Drinking Water Act and me one day, and suggested that I spend As has been said before, he achieved the Clear Air Act, where we had to some time working within his circle, a lot, through charm, wit, and great in- struggle for many years trying to fig- within the leadership. He took me to tellect. He was, indeed, a giant. ure out exactly the best formula to the Research Committee and to other We all miss him. To Evelyn and the protect the environment, but also to jobs and together we worked for almost family, know that you are in our pray- recognize the economic needs of the a decade on the Republican side of the ers. country. aisle within the Republican leadership. And I hope, Ed, wherever he is, is Then one of the things he was very Most importantly, Ed Madigan was a watching as we do this today. proud of and was a genuine contribu- leader in the House who recognized I thank the gentleman for yielding to tion, was to have the nursing profes- that beyond the responsibilities we had me, Mr. Speaker. sions, which make such an important in terms of partisan battle, most of our Mr. Speaker, I rise today to remember not contribution to patient care, get a sta- challenges had little to do with par- only a dear colleague but also a great friendÐ tus at the National Institutes of Health tisan politics. For he was a policy- the distinguished gentleman from Illinois, Ed so that the research money there that maker, a guy who wanted to make a Madigan. would improve health care for all difference in people’s lives by way of A recent Illinois newspaper quite accurately Americans would recognize the unique shaping public policy. role of nurses. Because of that, he had great respect described the man I knewÐhonest, effective, He typified the view that you need to on both sides of the aisle. As has been insightful, and sincere. Ed Madigan not only work together to find solutions to indicated, he was a workhorse, not a portrayed these attributes in his professional problems. Even though you may have show horse. Rarely did Ed Madigan just life, but in his personal life as well. He was a differences you to keep those dif- quickly get up to speak on an issue. straight shooter who told it like it was. If some ferences in perspective. He was a won- But because he seldom spoke, he was called Ed old fashionedÐbecause of his pref- derful human being. He cared deeply always listened to with great care by erence for calm deliberations instead of heat- about people. He will be sorely missed. those Members who knew of his talent ed, partisan confrontationsÐthen so be it. For I regret that I wasn’t able to get to and his background and the seriousness if old fashioned meant accomplishing great the funeral, that the House of Rep- with which he took issues that he things while earning the respect of Members resentatives did not make provisions chose to speak about. from both sides of the aisle, then Ed was for us to travel to that occasion. Had I In California, there is on the front of pleased to wear that label. been there, I would have liked to see one of our buildings a statement that With a steady hand guiding the wants and Evelyn and his daughters and the rest we should bring men to match our needs of his constituents, Ed steered many a of his family and to express to them mountains. In Ed Madigan, we saw the debate in the House through the smooth wa- personally my feelings. I was able to greatest of leaders. He will be greatly ters of agreement and the stormy seas of dis- communicate them on the phone and in missed by his friends. I hope there are sent. But, through it all, this loyal public serv- writing. But I hope that they will see friends beyond his work that will re- ant stayed the courseÐoffering guidance and this tape or read the transcript and member that Ed had a great sense of good humor to all along the way. know that those of us who worked with humor. It was wry and quiet, but a real However, Mr. Speaker what has distin- Ed Madigan will miss him greatly. He sense of humor. The part of that that guished this gentleman the most in his years was a wonderful human being and made strikes me most and that I would like of service is his devotionÐhis devotion to see an enormous contribution to this insti- to leave my colleagues with is that Ed the good in his fellow man and woman, while tution and to the betterment of our Madigan was one of those great leaders others only would see the bad; his devotion to country. who understood the value and very guard not only for the things that would be Mr. EWING. I thank the gentleman much appreciated the importance of good for the land of Lincoln, but also for the for those comments. Now the gen- our being willing to laugh at ourselves. things that would help all American families; tleman from California, JERRY LEWIS. His stories, his jokes, his humor often and finally, his devotion to his party and this January 11, 1995 CONGRESSIONAL RECORD — HOUSE H 197 institution has been a constant source of inspi- Mr. Speaker, I yield to the gentleman the opportunity to speak today, and ration to all those who may have forgotten the from Iowa [Mr. NUSSLE]. also for sponsoring this important spe- true meaning of public service. Mr. NUSSLE. Mr. Speaker, I thank cial order. It was a distinct pleasure and privilege to the gentleman for yielding. I would also like to acknowledge to serve in the U.S. House with Ed Madigan. Mr. Speaker, I was struck, as I was the Speaker that on the floor today we While his presence in this body will be greatly watching this conversation that we are have a former colleague from our State missed, there are plenty of us who will re- having this eulogy, this presentation of Illinois, Terry Bruce, who served in member him well. Thank you, my friend, for that we are having today, how many this House of Representatives for many your tireless efforts and your loyal commitment people mentioned the words ‘‘help’’ and years with Ed Madigan, and wanted to to your party and to your NationÐyour hard ‘‘assistance’’ that Ed Madigan provided be here as part of the audience, at work certainly did not go unnoticed. them along the way. I thought it was least, in this special order. I am glad Mr. EWING. Mr. Speaker, I thank the only me. I have to say that I am not, as that he could attend. He and I both distinguished chairman. many others who served with Ed Mad- counted Ed Madigan, a Republican, a I yield to the distinguished gen- igan and knew him so very personally, good Republican, as a good friend of tleman from California [Mr. DREIER]. I did not have that kind of experience our party and our side of the aisle, par- Mr. DREIER. Mr. Speaker, I thank with Ed. I did not know him that well. ticularly when it came to issues of im- my friend for yielding and congratulate And that is why, if for no other reason, portance to Illinois. him for taking out this special order. I am struck by the two instances that It is hard to believe, I still cannot be- I would like to follow on the line that I recall the most about Ed and my very lieve, that Ed has passed away. Only 10 was raised by my friend, the gentleman brief relationship. weeks passed between the announce- from Redlands, CA [Mr. LEWIS], who re- One was when I was a candidate. I got ment of his serious illness, the lung ferred to the fact that Ed Madigan was a call out of the blue from Ed Madigan. cancer that he faced, and our attend- able to match the mountains that we I really did not even know who he was, ance at a memorable funeral in Lin- have in California. I was extraor- I have to confess. He called me up and coln, IL, paying tribute to him as a dinarily saddened and shocked, as ev- he said, ‘‘I am a representative from Il- man and as a public servant. eryone was, at Ed’s passing, because we linois and just wanted to know if you One of the people in the crowd whose have all known Ed to be an extraor- had any questions or concerns about ag name should be mentioned today is dinarily vigorous and impressive policy. I would be glad to try and an- Chuck Hilty. Chuck I think was at Ed’s human being. It is difficult to imagine swer them.’’ side forever. I never saw the two of that he is gone. I made up a couple of questions real them apart. From Ed’s service in the But when JERRY LEWIS mentioned quick, wishing that I had been better House of Representatives, on the Agri- the fact that Ed Madigan was one who briefed to even ask the questions. I culture Committee, and the Depart- could match those mountains, I could went on from that experience thinking, ment of Agriculture, Chick Hilty was not help but think about a great oppor- why in the world, this guy must have always at his side, not only as his tunity that I had with Ed, when he nothing better to do than to call me trusted assistant but as his close come to southern California to visit up. Obviously, we all know he did. friend. He was one of his pallbearers on with some former constituents of Mr. But then when I got to Washington, I that day of the funeral in Lincoln. LEWIS, our mutual friend, Howard was told that I had a big brother for I saw Bob Michel here earlier, and I Margolies from the Coachella Valley. my orientation, and I was honored to am sure he has been acknowledged, but Mr. Madigan had not had the chance discover it was this same Ed Madigan. as our former minority leader, I know to, since he had become Secretary of I discovered who he was and what he he wanted to be on the floor as part of Agriculture, focus on what is the larg- did, and when I went to my first meet- this special order. His eulogy for Ed est industry in our State of California, ing and our first discussion was about Madigan was memorable. He brought that being agriculture. We all know committee assignments, he came pre- to it a vision of the man and a level of how devastated so much of the State is pared with a sheet of paper of ideas for emotion that was truly genuine, and I now because of the terrible floods that me, which I know now, having been a think each of us in the church that day have hit us. representative for 4 years, how difficult felt that Bob Michel represented all of But Ed came to southern California it was or how time-consuming it was to us in public life who had known Ed and spent a couple of days traveling put that together. Yet how much time Madigan so well. around the State, familiarizing himself he thought. It was not just off the cuff The term and phrase ‘‘gentleman’’ is even more with our specific concerns in with Ed. It was not just a spur of the used so often in our country and in our the area of agriculture. And it was a moment. He put some thought into it. society and in this Chamber, ‘‘Will the great honor that I had to be able to I have to say that it is something that gentleman yield?’’ and so forth. But spend that couple of day period with I learned from and I hope to emulate. I when I think of Ed Madigan, I think he him when he visited California for his have tried to. was truly a gentle man, soft spoken. first time after having been named If there was any effect that Ed had on In a business where a lot of politi- Secretary of Agriculture. me, it was that we have to be willing to cians will roar, Ed Madigan never One other experience that I had that take time to teach and inspire other raised his voice. In a business where a I would like to mention very briefly people who come after us to do good lot of people get red in the face and was that, in 1986, I had the chance to things and to be proper participants in waive their arms to try to get some- travel with Ed and Evelyn and a rather this process. And he gave me that in- thing done, Ed Madigan never stooped large delegation to the Pacific Rim, spiration. I am not sure if it took, but to that, and yet was probably one of and Ed was the leader of that delega- I want to thank him for being a broth- the most effective Congressmen whom tion. And we had a tremendous time er and being an inspiration and being a I have known in this Chamber. looking at some of the trade and agri- mentor. It is something that I hope I He used the art of gentle persuasion. cultural issues that affected the rela- can pass on to someone else in the spir- How many times he would call me from tionship between the United States and it that Ed Madigan passed it on to me. the Agriculture Committee and ask me nations in the Pacific Rim. I thank the gentleman for yielding to to make a tough vote, never suggesting I thank my friend for yielding me me. to me what the politics were, but just this time. I know I was given 1 minute. Mr. EWING. I thank the gentleman saying ‘‘I think this is a good thing to I would simply like to say that, along very much for those comments. do,’’ and it made its impression. with every other Member of this insti- Mr. Speaker, I yield to the distin- Then serving in the Illinois delega- tution, we extend our condolences to guished gentleman from Illinois [Mr. tion, as Mr. EWING and I have the honor Evelyn and other members of the Mad- DURBIN]. to do, we have had an unusual tradition igan family. We certainly do miss the of bipartisan delegation meetings. We b presence of this extraordinary human 1300 meet each month, hang our hats at the being. Mr. DURBIN. I thank my colleague door, Democrats and Republicans come Mr. EWING. I thank the gentleman. and friend, Mr. EWING, for giving me in and gather in the room as residents H 198 CONGRESSIONAL RECORD — HOUSE January 11, 1995 of Illinois to try to solve problems. Ed nitely in his beloved home town of Lin- Ed Madigan was a master political strategist was always there, not only as a mem- coln, IL. and a fighter. He was tough, but his wide re- ber of the delegation, but also as Sec- I will miss him. I wish there were spect from Members of both parties gave tes- retary of Agriculture. more like him around here. He has left tament to his fairness. He was a good man, When the time came, and I think the a good lesson in his life for those of us and I know we were all saddened to learn of suggestion was originally from Mr. who follow, that we should try to lead his passing. Ed will certainly be missed by Michel, that we as a delegation join in our lives a little more closely to his those who had the privilege of working with writing a letter to President Bush en- model. him. couraging him to name Ed Madigan as Mr. EWING. I thank the gentleman Mr. Speaker, Ed Madigan epitomized what a Secretary of Agriculture, it was unani- from Illinois for those very appropriate public servant should be and his unselfish de- mous. Every member of the delegation, comments. votion to the challenge of public service was Democrat and Republican, came for- Let me say that the gentleman from reflected in his commitment to meeting the ward and stated, ‘‘He is the right California [Mr. HUNTER], and the gen- needs of his constituents. He devoted many choice for the job,’’ and boy, was he. tleman from Illinois [Mr. WELLER], long years to hard work to crafting legislative What a great Secretary of Agriculture. were both here and wanted to speak on policy that served not only his district, but the A lot of my friends who are farmers behalf of this special order for Ed Mad- Nation as a whole. He never forgot where he back in Illinois often wonder about igan, but because of the long list of came from, and he never forgot the people of whether Ed was raised on a farm. Well, Members who have come out today, Lincoln, IL. he wasn’t, but you would never have they had to go on to other business. Ed's devotion to the Nation's heartland known it. He had spent a lifetime here They will submit their remarks, along blazed the path for his ascension to ranking becoming more familiar with agricul- with the gentleman from Illinois [Mr. Republican on the House Agriculture Commit- tee for 8 years. He also served on the Com- tural issues and policies than any per- POSHARD]. son who was born on a farm might be. I, too, want to recognize former Con- mittee on Energy and Commerce, where any of his colleagues would attest to the quality of He brought that knowledge and under- gressman Terry Bruce from Illinois, his work and his sense of fairness and dedica- standing to the job as Secretary of Ag- who I know from my conversations tion. He was a statesman of the highest cali- riculture. with Ed and his family was one of his ber. My Friend, Congressman LEWIS from very closest friends in this body, and I always admired Ed and the dignified man- California, referred to his sense of who has been so good to the Madigan ner in which he held forth on the floor. He was honor. I recall visiting him at the De- family. articulate, and his deep, resonant voice com- partment of Agriculture in this beau- I hope, in closing, that all the view- manded respect for all within the range of his tiful office reserved for the Secretary. I ers, all those who are back in Illinois, voice. But more than that he was a gen- was complimenting him on his wonder- will recognize the very high esteem, tleman, and though we were in different par- ful office. He said, ‘‘You know, Dick, I and particularly the family of Ed Mad- ties we were good friends. have been here a long time and I still igan and Evelyn Madigan, will recog- Mr. Speaker, as we reflect on the distin- haven’t figured out how to get the heat nize the very high esteem in which he guished career of an outstanding Member, let on in this office. I have called a number was held by this body, and the great us also give our thoughts to his family that he of people in. You can just understand loss that his passing is to all of us, but loved so dearly. His wife, Evelyn, was often what kind of bureaucracy I have to go the great joy we take in the life that credited by Ed with truly holding the ship to- through just to get the heat on in my he lived and the service that he gave to gether, and his three daughtersÐKimberly, office.’’ his country. Kellie, and Mary ElizabethÐwere a source of Ed was always taking things lightly Mr. MARTINEZ. Mr. Speaker, I am pleased true pride. Ed Madigan knew what was impor- when it came to himself personally, to join my colleagues today to celebrate the tant to him, and where his bedrock strength but taking his job very, very seriously. remarkable life of Ed Madigan. Ed's untimely lay in this sometimes tumultuous atmos- I liked him, too, because you could death last month has robbed our Nation of a phereÐthat strength was his family. come to him and deal in honest terms great American and great public servant. Mr. Speaker, Ed Madigan was a special with him. You could talk to him about Throughout his distinguished service in the breed of public servant. He worked quietly and things that were important to you and Illinois State Legislature, the U.S. House of effectively within the system, he worked with know that the message would go no Representatives and, finally, as Secretary of his colleagues on both sides of the aisle, and further. You could talk to him about Agriculture, Ed Madigan never lost touch of he helped raise the public's respect for the political concerns and know that he his roots. He always exhibited deep concern House of Representatives by dutifully serving would be honest, and would try to deal for the problems confronting main street Amer- as a man of whom we could all be proud. He with you in an honest fashion. ica. Ed dedicated his life to helping people will be missed, but never forgotten. I really respected him for that, and which is a legacy that his family can be proud Mr. QUILLEN. Mr. Speaker, over the recess time and time again I came to value of. I was greatly saddened to learn of the death his judgment and his friendship. Ed cherished this institution, earning the re- of my good friend Ed Madigan, whom I served The last time I saw him alive was in spect and admiration of his colleagues. While alongside in this body for almost 20 years. For the runway of the Rayburn Building a soft-spoken man, Ed was both persuasive that time period, the 15th Congressional Dis- near the subway. We just chanced and tireless in pursuing the interests of his district of Illinois could not have had a more con- across one another. He said, ‘‘You trict and country. He served the people of Illi- scientious or hard-working Representative in know, now that I am out of politics, I nois and the Nation with dignity and honor. the U.S. Congress. can come in and campaign for you.’’ I Even though Ed and I served on opposite Ed Madigan was one of the quiet work- said, ‘‘I would be glad to have you and sides of the aisle in the House, I considered horses that make it possible for the House to honored to have you support my can- him a friend and a man of impeccable integ- do its business. I come from an area where didacy.’’ rity. His death represents not only a tragic loss agriculture dominates the economy, and all of I dropped him a note and said, ‘‘You for his family but for our country he loved and my constituents, as well as millions of others have to hang on. I may not need you in served so well. across this Nation, owe him a great debt of this election, but I may need you later Mr. STOKES. Mr. Speaker, last month the thanks for the way in which he served as on.’’ He was a wonderful man. He was people of the 15th Congressional District of Il- ranking minority member of the Committee on that kind of guy. You knew his friend- linois lost one of their strongest allies and ad- Agriculture. Passing a 5-year farm bill is an ship meant a lot. vocates, Edward Rell Madigan. A man of his ardous process, and Ed's mastery of the is- I thank the gentleman from Illinois word and a man of the people, Ed Madigan sues involved made it possible to craft legisla- for bringing this special order. I think served in the Illinois State Legislature for 6 tion that helped make American agriculture the the number of people who have come years in the late 1960's before being elected most productive in the world. together to the floor this afternoon are to the U.S. House of Representatives in 1972, On the Energy and Commerce Committee, evidence of the kind of legacy which Ed where he served central Illinois for 18 years. Ed held the line against excessive Govern- Madigan has left in this Chamber; cer- Ed Madigan then served as the U.S. Secretary ment regulations, and it is unfortunate that he tainly in our State of Illinois, and defi- of Agriculture under President Bush. is not here to witness the new congressional January 11, 1995 CONGRESSIONAL RECORD — HOUSE H 199 majority fulfill his vision of rolling back the tide Ed Madigan dedicated his entire life to the His initial comments to a Pantagraph re- of Government redtape. As the lead Repub- people and state of Illinois, and for that we are porter who visited him in Washington, D.C., lican on the most active subcommittee of En- grateful. His sincere and unselfish manner put a few months after he was elected weren’t so much about the nation’s capital and all of ergy and Commerce, Ed was a voice of com- him above the rest. I truly believe the spirit the political power. mon sense that we all heeded. and convictions of Ed Madigan will live for He talked more about making sure he Mr. Speaker, President Bush recognized years to come in the hearts of all of us and would be known as a man of his word and not Ed's leadership when he selected him to be all those in Illinois and across this great Nation a ‘‘flapmouth’’; the high price of housing; Secretary of Agriculture, a job at which Ed whom he helped and represented. We extend and how his family would have to adjust. It performed admirably. I was sad to hear of his to the entire Madigan family our condolences, said something about his roots. passing, and my wide, Cecile, and I send our and I am grateful to them for the continuous Mr. Madigan memorized a book containing deepest condolences to Ed's family and support they gave Ed during his many years the names and pictures of his colleagues so he could call them by their first names. By friends. in public office. Ed will truly be missed, but al- calling them by their first names, he said it Mr. WOLF. Mr. Speaker, I rise today to join ways remembered by those he touched over forced them to find out who he was. my colleagues in saluting and paying tribute to the years. But Central Illinois was first and foremost our esteemed former colleague, the late Ed- Mr. COSTELLO. Mr. Speaker, I rise today to for the Lincoln native, even coming home to ward Madigan. honor a good friend and former colleague, Ed fight the biggest challenge of his life. For almost 20 years, Ed Madigan ably Madigan, who passed away in December. Ed He remembered the farmers of Illinois in served his constituents as the representative Madigan served his constituents in the State one of his more significant roles in Washing- for the 15th Congressional District of Illinois. A of Illinois with dignity and competence in the ton, D.C., as he helped amend the 1985 farm bill to ensure that it favored the free-market native of Lincoln, IL, Ed came to the House in U.S. Congress, and served the Nation ably as approach instead of imposing production 1972 following 6 years in the Illinois House. the 24th U.S. Secretary of Agriculture under limits. He also helped craft the final com- He quickly earned the respect and admiration President George Bush. promise on clean-air legislation that encour- of his constituents and colleagues with his de- Ed Madigan, as a Member of Congress, aged the use of ethanol. voted service and principled manner. fought hard to protect the agricultural way of Challenges were what Mr. Madigan seemed As a member of the House Agriculture and life in Illinois. As a long-serving member of to thrive on. With a few exceptions, he used Energy and Commerce Committees, Ed both the House Agriculture and Energy and his soft-spoken, behind-the-scenes style of played a key role in formulating public policy, Commerce Committees, he fought hard to compromise to get things done, rising to become the fifth-ranking Republican in the including the crafting of the house-version speak on behalf of small business owners in House as chairman of the House Republican 1985 farm bill, and health legislation. Ed de- the Midwest and those needing quality health Research Committee. servedly earned the reputation as an informed, care. Perhaps one of Mr. Madigan’s more dis- hard-working Member of Congress who would In his 10 terms in the U.S. House, Ed Mad- appointing times in Washington came when protect the interests not only of his constitu- igan distinguished himself as a Member who he lost the race for House Republican whip ents but the Nation as a whole. worked diligently but quietly, with a friendly bi- to Newt Gingrich of Georgia in 1989. He Ed was also an active member of the House partisanship but a solid belief in those issues would not change his approach to match the Republican leadership, serving his colleagues he considered important. His battle with lung fire-brand, confrontational ways of Gingrich. He carried that same style into his job as as the ranking member of the House Agri- cancer went all but unknown to the public until U.S. agriculture secretary when he was ap- culture Committee, chairman of the Repub- he was near the end of his life, a testimony to pointed by President Bush in March 1991. He lican Research Committee, and chief deputy his grace and demeanor. served until Bush was defeated the following Republican whip. His expertise and knowledge I join my colleagues today in honoring his year. about agriculture and farm programs was re- memory. I considered Ed Madigan a very Mr. PORTER. Mr. Speaker, the death of our nowned, and led to his appointment by Presi- good friend, and his work here in the House friend Ed Madigan is a profound loss for the dent Bush to serve as the Secretary of Agri- and his legacy as a fellow human will be long Congress, the citizens of Illinois, and our en- culture in 1990. As Secretary, Ed continued to remembered. tire Nation. One of America's most respected work hard on behalf of America, and was in- [From the Pantagraph (Bloomington, IL), and influential leaders has been taken from us strumental in formulating early plans for the Dec. 9, 1994] much too soon, and together with Ed's family, reorganization of the U.S. Department of Agri- ED MADIGAN’S LEADERSHIP EMPHASIZED we are deeply saddened. culture. PERSONAL TOUCH Throughout his service in public office, Ed As a friend of Ed's, and having served as Ed Madigan was a leader who didn’t have distinguished himself as a hard-working legis- his colleague since 1981, I was saddened to to shout. lator and gained the respect, admiration, and learn of his death, and would like to join with His actions spoke for him. friendship of members on both sides of the The adjectives describing Mr. Madigan, my colleagues in expressing my sincerest who served as state and U.S. representative aisle. Those of us in the Illinois delegation are sympathy to the entire Madigan family. Ed and U.S. secretary of agriculture, will be nu- especially proud to have worked with Ed, who Madigan, however, will always be remem- merous in the days to come: honest, charm- set an example for all of us with his quietly ef- bered by those with whom he served, as well ing, low-key, consensus maker, skilled play- fective and thoughtful leadership. as his constituents in the 15th Congressional er, quiet, effective, insightful, sincere, en- Ed has left his mark on this institution and District of Illinois. Ed was a model legislator thusiastic to serve, politician’s politician, on our Nation, especially in the area of agri- and a tireless worker, and his service to our tactful and master strategist. culture. Both as a Member of the House and Most people saw Ed Madigan the same nation is greatly appreciated. way. He was not a politician of many faces. as our Secretary of Agriculture under Presi- Mr. POSHARD. Mr. Speaker, I rise today to He knew the art of compromise, but dent Bush, Ed's expertise and common sense pay tribute to my colleague and dear friend, wouldn’t cave in. Just as he didn’t cave in helped guide America toward sound policy in Ed Madigan. Ed served in this chamber for 18 without a struggle to lung cancer, whose this area. In particular, he played a vital role years, and I, along with the entire Illinois con- complications eventually took his life in shaping the 1985 farm bill, urging a free- gressional delegation, am saddened to lose Wednesday. market approach and cautioning against pro- him. As a member of the House of Represent- He was also a man who had a knack for duction limits. atives, Ed served the people of the 15th Con- putting things into perspective. You didn’t When I came to the House 15 years ago, have to know him well to know that at the gressional District with great pride and vigor. top of his list was family. He loved to talk the first thing I learned was that Ed Madigan He never lost touch with the people back politics, but he could also spend considerable was our Illinois farm expert, and since I had home, and it was evident in his work and time talking about how his wife, Evelyn, almost no farms in my district, and little knowl- friendships. gave him the support that was really impor- edge of farm policy and lawÐone of the most As Secretary of Agriculture under President tant. complex of allÐI would invariably follow Ed's Bush and during his 16 years on the House That was especially true when he made the lead in voting on farm matters. You knew Ed Agriculture Committee, Ed was a champion for move from the Illinois House of Representa- has done his homework and had made a farmers in Illinois and across the Nation. It tives, where he had served since 1966, to the sound judgment for our country and our state. U.S. House of Representatives in 1972. He had was Ed who worked diligently to support the become an influential member of the state But beyond his wise judgment, we most of use of ethanol and to shape the agriculture House in just six years, but he passed on a all will cherish Ed's great strength of character provisions in the General Agreement on Tariffs chance to run for lieutenant governor to and his personal warmth. He was not only a and Trade that I believe will greatly increase seek the U.S. House seat because he wanted leader who informed our debates, but a friend the income and flexibility of American farmers. to be more involved with people. whose great courage in facing cancer inspired H 200 CONGRESSIONAL RECORD — HOUSE January 11, 1995 us. He was not only a representative who working out compromises where others failed are in need, it is important that this knew how to get the job done, but someone to make progress. Federal Government, this National who knew how to keep things in perspective. Ed was ranking Republican on the House Government, rally to their assistance. As one editorial noted of Ed: Committee on Agriculture at the time of his Having said that, though, I would You didn’t have to know him well to know resignation. He was also serving at that time like to put into context some of the de- that at the top of his list was family. He as Chief Deputy Minority Whip. Ed Madigan bate which is going on today on Capitol loved to talk politics but he could also spend willingly sacrificed the position he loved so Hill as part of the Contract with Amer- considerably time talking about how his much in this House of Representatives to ica, and to give the perspective of the wife, Evelyn, gave him the support that was heed the call of President George Bush to be- really important. Contract with America on which it come a member of the President's Cabinet. means to the flood victims of Califor- The writer goes on to observe that after his He was the Nation's 24th Secretary of Agri- nia and victims of future disasters. election to the House, in the face of over- culture. First, if you search the Constitution whelming new responsibilities and challenges, Ed Madigan was a fine son of the State of of the United States, you will find no Ed's principal concern was how his family Illinois. He was our colleague, and most im- would adjust to life in Washington. reference to a Federal obligation to portant, he was our friend. Ed Madigan will be pay for natural disaster assistance. It Mr. Speaker, in his all too short life, Ed missed. is an obligation assumed by the Fed- Madigan contributed great intelligence and in- In closing, I would like to extend our sym- eral Government, and an expensive sight to the public policy debates in this coun- pathies to his wife, Evelyn. one. In the 1950’s, the Federal Govern- try, and we will long cherish his memory. He f showed us all what distinguished public serv- ment paid about 5 percent of the cost ice really means and we will miss him more GENERAL LEAVE of natural disaster problems and dam- than words can say. Mr. EWING. Mr. Speaker, I ask unan- ages across America. Today the Fed- I join my colleagues in expressing our deep- imous consent that the Members may eral Government pays over 95 percent est condolences to Ed's wife, Evelyn, and to have 5 legislative days in which to re- of the cost. We are on the hook. his entire family. All Americans share in your vise and extend their remarks on the In the Northridge earthquake near great loss, and our thoughts and prayers are subject of this special order. Los Angeles we have already spent with you. The SPEAKER pro tempore (Mr. BLI- more than $5 billion. The Federal Gov- Mrs. MORELLA. Mr. Speaker, I rise today to LEY). Is there objection to the request ernment came to the assistance of the pay tribute to the late Ed Madigan, a thought- of the gentleman from Illinois? State of California, a deficit-ridden ful, consensus-seeking public servant who There was no objection. Federal Government rallied to the as- carved out a great career in Washington, first f sistance of the State of California, be- as a 10-term Member of this body and later as cause the people needed help. More Secretary of Agriculture under President Bush. LEGISLATIVE ISSUES UNDER money will be needed because of that In the House, Ed's leadership skills were DEBATE ON CAPITOL HILL earthquake. More money will be need- demonstrated by his rise to the fifth-ranking The SPEAKER pro tempore. Under ed because of these floods. position in the Republican hierarchy: Chairman the Speaker’s announced policy of Jan- Let us talk about two issues we are of the party's Research and Planning Commit- uary 4, 1995, the gentleman from Illi- debating in Congress right now. One is tee. He was also appointed twice as chief nois [Mr. DURBIN] is recognized for 60 unfunded mandates. Let me give you deputy whip. minutes as the designee of the minor- an example of an unfunded mandate Later, the Illinois Representative gave up his ity leader. from the Federal Government. The leadership post to assume the ranking Repub- Mr. DURBIN. Mr. Speaker, I will be Federal Energy Management Agency lican position on the Agriculture Committee, joined by several of my colleagues to [FEMA] which has the responsibility to playing a key role for 8 years on farm legisla- discuss some of the legislative issues come in and pay for disasters, estab- tion. He was especially instrumental in shap- that are being debated on Capitol Hill lishes guidelines for communities that ing the 1985 farm bill. at this time. they should follow to try to reduce In addition to serving as Secretary of Agri- I would like to start off by noting flood damage. culture at a time when the Department had a this Los Angeles Times story this For example, they suggest that peo- high profile, Ed was named by President Bush morning, the devastation that is shown ple should not build in a flood plain if to serve as lead negotiator on the agriculture here from the flooding in California. I they want to qualify for Federal flood section of the trade negotiations under GATT. can certainly identify with this. Mine insurance. Is that a Federal mandate? was one of the districts in the Midwest Since leaving Government service, and until Yes. Does the Federal Government pay his untimely death last month, Ed had been which was flooded in 1993. I worked the for it? No. If the communities follow associated with a major Illinois-based insur- sandbag lines, and did my best as a the mandate, what happens? It lessens ance company and had served on the board Congressman to try to help many of the damage that might occur because of a number of corporations. the families, farmers, and businesses of flooding or other natural disasters. Ed was a soft-spoken, generous individual get back on their feet. It was a devastating loss. I can cer- who let his achievements speak for them- b 1310 selves. He leaves a great legacy in this body, tainly understand what many families where so many of us counted him as a good and people in California are facing Why is that Federal mandate impor- friend. today. tant? Because ultimately Federal tax- Mr. CRANE. Mr. Speaker, Ed Madigan's un- Let me say that it has been my honor payers will be left holding the bag expected passing away came as a shock to all to serve in this Chamber for 12 years. I when the flood hits the community. of us who regarded him as our friend. Had he have at various times been asked by And if the community has not lived up lived, he would have celebrated his 59th birth- people from across the country to come to the Federal-mandated guidelines, day the day after tomorrow. to their assistance in the midst of a that cost to Federal taxpayers is high- Ed Madigan served the citizens of his dis- disaster. I have tried to do that. In er. trict in north-central Illinois for almost two dec- fact, I have done that every time, Many people will get up and condemn ades. And he served them well. whether it was the Loma Prieta earth- Federal mandates but they do not look His legislative career began in 1967 in quake near San Francisco or the at this perspective, that many of these Springfield where he served in the Illinois Northridge earthquake near Los Ange- mandates are necessary to make sure State House of Representatives. les, or these floods. that we lessen the ultimate liability of He brought his many talents to Congress in I am sure they will all result in re- Federal taxpayers. 1973 after 6 years in the Illinois General As- quests for assistance by the Federal The Governor of the State of Califor- sembly. Ed's many Springfield honors included Government. I will be there, because I nia, Mr. Wilson, as I understand it, being named Outstanding State Legislator. think that is one of my responsibil- gave his State of the State message His legislative abilities became apparent to ities, not just to represent the 20th Dis- yesterday and in the course of that those of us in this Chamber shortly after his trict of Illinois, but to serve our Na- State of the State message, he said, arrival in Washington. He was a master of tion. When some people in our Nation and I quote, that he as the Governor of January 11, 1995 CONGRESSIONAL RECORD — HOUSE H 201 the State was proceeding with his law- off’’ that when he comes to the Federal ment to balance the budget, that they suit to sue the Federal Government be- Government with his hand out for bil- seek to deny our constituents the kind cause we were not paying for things lions of dollars for disaster aid, we are of information so they can make an in- that we were mandating. In the words going to say, ‘‘Unfortunately, Mr. Gov- formed decision about whether or not of the Governor, he said, ‘‘We are going ernor, we don’t have that money any- they want us to vote for or against the to sue their butts off.’’ In a day or two more. We now have a balanced budget balanced budget amendment. we will be hearing from this same Gov- amendment which lessens discre- I find it rather interesting as you ernor who is going to ‘‘sue our butts tionary funds available to come to quoted the majority leader, the gen- off’’ because all the things the Federal your assistance.’’ tleman from Texas [Mr. ARMEY] saying Government is not paying for that he This is part of the real debate that that if the public knew the cuts that is going to need Federal disaster assist- has to take place. We have got to move would be necessary, that their knees ance because of his flood in California. beyond the bumper strip slogans of would buckle, or our knees would buck- I would suggest that Governor Wilson ‘‘End Federal Mandates, Give Us a Bal- le. should pause and reflect that the same anced Budget Amendment,’’ and talk I really find it interesting when it Federal Government which he is com- about the real world that will result. comes from individuals that profess a plaining about, he is now going to turn What cuts will there be in disaster as- great belief in democracy, that herald to, despite our deficit, for assistance sistance, money for education, Social governments that turn toward democ- badly needed by the people of Califor- Security, Medicare, things which fami- racy, we have spent billions of dollars nia. Does the word ‘‘ingrate’’ come to lies hold near and dear in this country? to spread democracy throughout the mind? I concede we have to move toward a world at a time when the Speaker of I would submit that the Governor balanced budget amendment. From my the House, the gentleman from Georgia should reflect as every Governor should personal point of view, it is not our [Mr GINGRICH] says that he is going to on the fact that the Federal Govern- highest priority. The highest priority put every bill on the Internet so that ment comes to their assistance time in this Nation is sound economic the American people will have greater and time again in disasters and tries to growth. Moving toward a balanced access, be able to make decisions, but make up for the losses which States budget amendment is part of it, but and local governments could never ab- only part of it. Equally if not more im- what he is not going to put on the sorb. portant is economic growth and eco- Internet are the ramifications of the We may have debated a few days on nomic development, creating more bill. next week on eliminating Federal man- jobs, more opportunities and more cap- He is going to tell people that we are dates. Will we eliminate the require- ital formation. Insidiously a balanced going to balance the budget by the ment that States like California and budget amendment could work against year 2002 but, like President Nixon who my home State of Illinois in the future that. had a secret plan to end the war, only do things to mitigate disaster damage In times of recession when Federal after people vote or after that becomes so that Federal taxpayers will not be revenues are down and people need help a law, he will then display what is nec- holding a bag that is much larger? with unemployment insurance, for ex- essary to meet the balanced budget. Then the next week we will debate ample, and things to get by that their That is arrogance. That is the height of the balanced budget amendment. The families can live on, we may not have arrogance. Because the balanced budg- balanced budget amendment says ulti- the money to pay for it, and that I et amendment, unlike a lot of other mately we are going to reduce the think would frankly deepen the reces- legislation that we deal with on the amount of money available for the sion, would not bring us out, would not floor of the Congress that the various Federal Government to come to the as- get families back on their feet. sessions does not affect one particular sistance of any State that suffers a dis- What we are talking about in a bal- part of American society or some nar- aster. anced budget amendment debate is row special interest group, it affects One of the things we as Democrats more veracity, more truth, more frank- every citizen in this country, because are insisting on is if the Republicans ness. If our knees are going to buckle of the ramifications. under their contract want to move a here on the floor, I say to the majority We have seen proposals where dif- balanced budget amendment, they leader the gentleman from Texas [Mr. ferent people from the right or from should in fact tell us where these cuts ARMEY] and others, ‘‘So be it. That’s the left have suggested what would or are going to take place to balance the the job we accepted. We’re supposed to would not take place under a balanced budget. I do not think that is unreason- face the tough decisions.’’ budget. Every segment of our society is able. I think it is critically important that impacted, from our national security Former President Ronald Reagan in the Republicans in their rush to move to the security of our retirement sys- dealing with the Soviet Union in terms these things through in the next 80 or tems, to the education of our children, of disarmament said ‘‘trust but ver- 90 days take the time to do it right. to our ability to meet the natural dis- ify.’’ I think the same thing is true Use common sense. The American peo- asters that beset my State at this very when the American people look at the ple demand that of us. Be honest with moment. Everybody has a stake in this Federal Government. the American people. ‘‘Don’t be afraid debate. But it is the intention of the If the Republican leadership in the that their knees are going to buckle,’’ leadership of this House to preclude ev- House can be trusted to bring us a bal- I say to the Republican party. Tell erybody from participating in this de- anced budget amendment, we should them honestly what it means to Cali- bate. ask them to verify the actual cuts that fornia and Illinois and all across the What should be done is they should will be necessary to reach that balance. country. spread upon the ledger those cuts that The new majority leader of the Mr. MILLER of California. Mr. are necessary to meet the target of a House, the gentleman from Texas [Mr. Speaker, will the gentlemen yield? balanced budget in the year 2002, and ARMEY], said on a television show over Mr. DURBIN. I yield to the gen- they should be required to do that now the weekend that he did not want to do tleman from California. so that there is truth-in-budgeting, so that because he was afraid that the Mr. MILLER of California. I thank there is full disclosure, so that the pub- knees of Congressmen would buckle the gentleman for his comments. lic interest is protected, and the people when they saw the kind of cuts nec- I want to say that over the last cou- who live in the greatest democracy on essary to reach a balanced budget. I ple of years, time and again we heard the face of the Earth will have an op- would suggest to my friend from Texas Members of the other party, the Repub- portunity to exercise those rights that if our knees would buckle, so lican Party, take the well and talk under that democracy, and that is to would the knees of our constituents. about the arrogant Congress. pick up the phone, or the pen or pencil, They need to be told what is involved I find it rather interesting now that and call their Member of Congress and in this decision, that it is going to be as the Republicans get ready to present say, ‘‘I like this, I don’t like this, tough, that it may mean for Governor to the Congress a balanced budget change this, change that.’’ That is Wilson after he has ‘‘sued our butts amendment, a constitutional amend- about the empowerment of people. H 202 CONGRESSIONAL RECORD — HOUSE January 11, 1995 That is supposedly what putting the budget. Members of Congress want to forced out of school. These young peo- legislation on the Internet is about. do that, the public wants to do that, we ple and their families have a right to If you put nothing more on the want to erase the debt that threatens know what is in that balanced budget Internet than a piece of legislation our children’s future. That is what we amendment. that says the budget shall be balanced are about. Twenty-four percent across the board by the year 2002, you have told the peo- To add to what the majority leader would mean one of every four high ple nothing. You have told them noth- said over the weekend on the television school graduates currently in appren- ing. You have not told them whether or shows, Mr. ARMEY said not only would ticeship programs would be denied the not you are going to gradually make Congress’ knees buckle, but that he job training that would allow them to those exchanges over that 7-year period feared that if you spelled it out for the get ahead and to earn a living. They of time or whether you are going to American public they could not deal have a right to know what is in this run to the political necessity of doing with the pain. balanced budget amendment. it in the last 2 of 3 years, where the im- Now is that not a terrible indictment Would 24 percent across the board pact is much greater and people are not of the American public? As far as I mean that one of every four children able to prepare for it. know we are still a representative de- enrolled in the Head Start Program If we give this country notice and if mocracy. We did not come back here to would lose also the help that they need we give them a plan, clearly a balanced impose a secret exclusive policy on the to start each day and enter school budget is within our grasp. public and the people that we represent ready to learn? but, in fact, rather to open up an exclu- Essentially what we are saying, the b 1320 sive debate on where this Nation long and the short of it is you cannot But if we do not do that, then in fact should go. That is what this is about. talk about and run for office on open we cannot expect to reach that star Quite frankly, that is what Repub- government and then decide to shut it target. So what we are talking about licans campaigned on with the bumper down when you are in charge. We are here is very fundamental notions, fun- stickers you were talking about. In just asking the Republicans to come damental notions about the arrogance fact, we need to have open government. clean. We all know that balancing the of the leadership of this Congress as to But I tell you, we do have some gen- budget is going to require sacrifice. whether or not they will fully inform eral idea of the Republican plan and The public knows that, Members of people about the hypocrisy of the lead- what it would require. According to the this body know that, and if they do not ership of this Congress that says Congressional Budget Office it would they should know that because it is whether or not they want to, they want require $1.2 trillion in deficit reduc- going to be difficult. We have to make to truly let people know what is going tion, revenue increases, or spending the tough choices. That is all we are on inside the halls of Congress or cuts, or a combination of the two to asking here. whether they want to hide it from balance the budget by the year 2002. I joined my colleagues last year in them, and right now what they are en- Since Republicans have indicated supporting the Democratic balanced gaged in is one of the great coverups. that the revenue increases will not be budget amendment that sought to They will not tell us what they are used to balance the budget, a constitu- achieve a balanced budget while trying going to do because apparently they do tional amendment would then require to keep Social Security intact. Does not have the courage of their convic- $1.2 trillion in spending cuts alone to the Republicans’ balanced budget put tions. They have the courage of their balance the budget. This estimate does Social Security on that chopping bumper stickers, they have the courage not even take into account the $193 bil- block? In fact it does. of their campaign slogans. They simply lion in tax cuts over the next 5 years Today in the Judiciary Committee, do not have the courage of their con- that are contained in the Republican Republican members of the committee victions to look the American people contract, nor does it talk about what voted not to exclude and exempt Social in the eye and say these are the rami- the increase in defense spending on Security from the balanced budget fications, this is what is required to en- star wars would mean in terms of the cuts. What does that mean? Seniors in gage in a balanced budget by this time. cuts. this Nation have a right to know what I also think that they give the Amer- Let me just give a couple of examples this is about. ican people far too little credit for which I think are very critical, and The fact is that the Republicans fear their willingness to participate, be- this not by Democratic standards but opening the debate on their ideas to cause we know there is an overwhelm- by a Republican Senate and Republican the American public. They are afraid of ing desire among the American people House staff which says that this would letting people participate in this deci- to see us get our financial house in require a 24-percent increase across the sionmaking process that is critical to order. But we ought to invite them in board. That is what their notions are in our Nation’s future. as partners, we ought to recognize terms of a cut. I am delighted to join my colleagues their dignity and intelligence and If you talk about Medicare, let us this afternoon in this discussion be- make them, if you will, partners in this take a look at that. In the last week cause as I said at the outset, nothing process. the Speaker of the House, Mr. GING- can be more important than this de- For the Republicans to suggest that RICH, suggested transforming the Medi- bate. Members of Congress have to we are going to take it on a whim and care system into another system. Is know what is in that balanced budget a promise is the height of arrogance, this in the balanced budget, which is amendment, the American public has and I want to thank the gentleman for the truth that we need to know and got to know what is in that balanced raising this point at this time. I hope that the public needs to know. Is that budget amendment. that they will yield to the will of the in there? What does it mean to seniors Mr. MILLER of California. If the gen- American people and not to the politics in this Nation if we are going to talk tleman will yield, I want to thank the of the majority in this Congress. about a 24-percent increase in their gentlewoman for her remarks and Ms. DELAURO. Mr. Speaker, Will the premiums for Medicare beneficiaries? point out she makes a very important gentleman yield? What services are no longer going to be point. There is more than one way to a Mr. DURBIN. I yield to the gentle- covered by Medicare? Could it be balanced budget, and there are those woman from Connecticut. worse? who believe that the way to a balanced Ms. DELAURO. I am delighted to join Also, according to a Republican Sen- budget is simply to cut until you have my colleagues here this afternoon. This ate Budget Committee staff analysis, arrived at that point by doing away I think is one of the most important you would have to cut almost $1 tril- with many, many programs of the Fed- debates that we are going to have in lion over the next 7 years to pay for eral Government. There are others who the next several days and in the next the Republican contract. believe you should tax and you should several weeks. Further examples of what this 24-per- cut. Others believe, as the Chairman of I would like to add to what my col- cent across-the-board cut means is that the Federal Reserve Board told the leagues have said in this respect, that one out of every four college students Senate yesterday, that if you simply we all do want to have a balanced now receiving Pell grants would be adjust the inflation factor by a point or January 11, 1995 CONGRESSIONAL RECORD — HOUSE H 203 a point and a quarter, you could arrive Mrs. CLAYTON. I am also delighted The budget of the United States and would not have to make those to enter into this debate. makes a statement about who we are cuts. It is said the measure of good govern- and where we stand. It signals to our There are all of these options avail- ment is not where we stand and what it citizens and to the world the priorities able, but I think the gentlewoman does when times are good, the true that we are governing our lives by. We makes an interesting point. Some of measure of good government is where must be a nation determined to pro- the options have different ramifica- we stand and what it does when times mote peace. Or will we be a nation de- tions for different people. If, as the Re- are tough. That was the philosphy of signed to encourage war? Will we spend publican plan anticipates there is a tax Dr. Martin Luther King. I think it is our money urging our young people to cut, both capital gains and some kind appropriate at this time in history that stretch for the stars, or will we spend of middle-income tax cut, it may very we recall his wisdom, appropriate this our money on dubious weaponry? What well be that when middle-income weekend. will we say to our veterans who at Americans look at that option they Soon Congress will consider a pro- great sacrifice have defended this coun- may say forget the tax cut, make the posed amendment to the Constitution try war after war, in fact they have down payment on the deficit. Keep the that would mandate a balanced budget. risked their lives, will we say to them interest rate on my adjustable home This is not a minor matter. This is a our balanced budget requires us to loan down, keep the interest rate on very populist concept and really needs eliminate their pension and health care my child’s student loan down, and to be debated by those of us in Con- which we promised? make sure that I can pay off my credit gress and also by those in America. These demand answers now, not after card debt, because if you are going to The vote we take on this proposal will April, not after all our citizens have echo in our lives for years and years to give me back a $1.25 a day, then why paid their taxes. We need those answers come. That is especially true if the pro- now. not just make sure that the interest vision requiring a three-fifths vote to Who will be helped by this balanced- rates are lower because I will lose more raise revenue remains on final passage. budget amendment, and who will be than that in 1 month if the Federal Re- I support the goals of a balanced hurt? serve raises the interest rates and my budget. As a local government official, If the majority has their way, we will home mortgage goes up. chair of the board of commissioners of have a flat tax, we are told. Under the We ought to let the American people my county in the State of North Caro- proposal, every citizen will be taxed at decide which course they want to take. lina, I had to live under a balanced- the same rate, 17 percent. If the truth A lot of people have come up to me, as budget amendment, not only amend- is known, the majority is not allowing hungry as they are for tax relief, and ment, but a mandate. We did that, and you to understand at all the average say geez, if you could really make an I felt that is, indeed, the way govern- American now pays less than that. additional dent in the deficit beyond ment should function. That is, indeed, They pay around 15 percent. So they what you did over the $500 billion or the way this body should function. are not telling the whole. Actually $600 billion that have already been I also realize that we must accept the they are not telling you that the un- made, I am for that, and I will forgo reality that in the near term we face earned-income money from dividends, the tax cut because I want to make and must accept to make some sac- interest, will not be taxed under that sure that the interest rates are low, rifice. That sacrifice must be borne by proposal. Those with stock and money that we can continue to create jobs, all Americans. Our senior citizens, vet- in the bank will not have to pay that that my business can continue to erans, States, local communities, and tax at all and, in fact, the rich will be thrive. That is what we are asking for. our children will be required to, indeed, excused from that. We are saying to the Republicans, let receive less from their Government. But those who have families and stu- the American public participate and However, the people really need to dents in college and student loans and choose how they would like to meet know what, indeed, the sacrifices are medical bills and debts to pay on their this obligation to get rid of this hor- they will be called to make. There will house, they, indeed, will have to pay rendous deficit. be cuts in the budget, less spending, those taxes. and continued emphasis on reducing Will we breach our contract and our b 1330 the deficit. covenant with the elderly and say to But that is unfortunately what they The issue is not will we cut. The our senior citizens at the sunset of are not going to allow, and I think the issue is what will we cut. The issue is their lives that, ‘‘We will not provide gentlewoman makes incredibly impor- not should there be cuts. The issue is that which we promised; we will be cut- tant points that every segment of our where will those cuts be. The issue is ting Social Security and Medicare’’? It society has got to be able to examine where will the cuts be the fiscal re- may be we will have to reduce these re- this and say, ‘‘How does this affect sponsibility will compel us to cut. The sources, but we need to be honest with me?’’ question is not will we not cut. The our senior citizens. What we know is when we play fair question is where and how much and Will we say to the small farmers who with the American people and you give what will be the pain and how we will literally work their fingers to the bone them the knowledge, these are people inform the American people. for feeding this country and all the who are willing to sacrifice as long as The American people have a right to world, that we are no longer going to they know that everyone else is. As we know, and I concur with my colleague support you at any risk? have seen in the natural disasters that who said the American people, if they Will we say to rural areas, ‘‘There is are besetting my State, neighbors are are properly informed, usually are pre- no longer rural credit or rural hous- helping neighbors, communities. We pared to make that sacrifice. ing’’? None of this will be available if saw it all up and down the Mississippi A balanced-budget mandate will we say to our young that the balanced River 2 years ago. mean painful cuts in programs that budget requires us to cut indiscrimi- This is a great country. Why do we many of our citizens and our commu- nately. not treat them like great people and nities have come to expect and have Will we say to our children, ‘‘We are invite them into the debate and have come to rely upon. It is because of a reno longer able to immunize you from the Speaker of the House put the op- sounding impact of this proposal that disease or feed the hungry or shelter tions on Internet and let the people we must demand, and the American you from the cold because we are giv- choose and inform themselves? And people have a right to know, which pro- ing money to those who are more then we will have to make the tough grams the majority intends to keep wealthy’’? decisions that will flow from that kind and which programs they intend to The American people have a right to of participation in this democratic sys- eliminate or to reduce. know the implication of this budget. tem. At the end of each day, those of us in Times were tough in our country in the Mr. DURBIN. I yield to the gentle- government must be honest and answer 1930’s. Our economy had virtually col- woman from North Carolina [Mrs. the question by our policy who have we lapsed under the weight of a Great De- CLAYTON]. helped and who have we hurt. pression. H 204 CONGRESSIONAL RECORD — HOUSE January 11, 1995 How we responded then, and how we b 1340 of Illinois had a drinking age of 21. So will respond now tells us something Mr. DURBIN. I thank the gentle- on the northern Illinois border, teen- about our country. Then under the woman from North Carolina, particu- agers would get in their cars on Satur- careful and compassionate hand of larly for her reference to a man who day night, drive over to Wisconsin, get President Roosevelt, we did not elimi- might have been our greatest Demo- drunk, and drive back, drive home, nate programs. We refocused. We cratic President, Franklin Delano Roo- wrecking their cars, killing themselves reenergized government to respond to sevelt. It brings to mind one of his and a lot of innocent people. It got so that crisis. We did not just cut pro- most memorable phrases, which was bad that they called the stretch of grams. We found ways to respond to when he spoke to the American people highway ‘‘Blood Alley’’ because of all the appropriate need then. in the depths of the Depression and the lives that had been lost due to the That appropriate use of government said, ‘‘We have nothing to fear but fear teenagers drinking in Wisconsin and eventually ushered in an unprece- itself.’’ I think the Republicans’ slogan coming back to Illinois. dented growth in our country. The today is, ‘‘We have nothing to fear but Do you know what happened? The economy was booming, and little did the facts.’’ Federal Government, the committee I we know that we were moving toward They are afraid to share the facts serve on, passed a Federal mandate and his goal that we would have a car in with the American people. As the gen- said we are going to have a uniform tleman from Texas [Mr. ARMEY] said every garage and families, indeed, drinking age of 21 in the United States last Sunday, they are afraid their would have homes and that they would or, ‘‘Your State is going to lose Federal knees would buckle when they faced provide for the children. Good times re- highway funds.’’ Was it a mandate? the facts. Yes. Did it cost the State of Wisconsin? sulted from that in America. President Roosevelt had confidence Today we are facing a staggering bal- Yes, it did cost them to enforce it. in the American people. I think the Re- What was the result? Kids lives were ance-of-trade deficit with many of our publican leadership of the House should foreign trading partners. Very often saved, lives of innocent were saved. have confidence in the American peo- Blood Alley is just a bitter memory the car Americans can afford in their ple too. Let them know what is in now, it is gone. garage is from Japan, and that is not store, let them know the truth of what Time and again we find these Federal as it should be. The jobs that followed is involved in a balanced budget standards lead to a higher quality of in 1950 have taken flight to cheaper amendment. If it means 5 or 10 years labor markets. Indeed, crime is on the from now the Social Security system life. rise. or the Medicare system will be I yield to the gentlewoman from Con- There are problems we have now. changed, should not families be alerted necticut. Teenage pregnancy is at an unaccept- to that fact now so that they could Ms. DELAURO. I would like to make able level. make some sort of plans now for their a comment about an article today that has to do with the balanced budget I say these are tough times. What future? To spring this on the family 5 amendment, from the Wall Street will we do? How will we respond to or 10 years down the line when they are Journal, by their economist Robert this? in retirement is beyond the time when Eisner. He points out, with regard to a The question is how will we respond they can do something about it. But to balanced budget amendment, house- to these tough issues as we balance the talk about it today is the honest way holds could not begin to balance their budget? That is the issue the American to approach it. I hope that the Repub- lican leadership, Mr. ARMEY, Mr. GING- budgets the way the Government would people should know. Where will they RICH, and others will have the same be required to under the Republican fall in our response to them as a gov- kind of faith in the American people plan. The point being, I guess, that if erning official? that President Roosevelt did. Let them we are to look at investments either by We do not need a government for the face the crisis together, let us come to- the Federal Government or by families, sake of government. Certainly we need gether and resolve this. families borrow to buy a car, to buy a to reduce government where it needs to What is at issue here with these var- home, get their kids to school; busi- be reduced. But we do need a govern- ious items in the Republican contract nesses borrow. If you had to take all of ment that is appropriate, careful in its is something as basic as the economic that, if you had to pay for everything spending, fair in its revenue raising, relationship between the 50 States and out of current income, you would find and should dictate how we govern in a the Federal Government. When it yourselves unable to do the things that fair manner. comes to the question of unfunded families normally do every day. We must not waste. Our citizens need mandates, what we hear from Mr. Now, just to go back to what my col- not want. But we must be truthful with GINGRICH and the Republican side is league from California was talking our citizens and tell them what sac- that the Federal Government should about, there are a variety of ways to stop telling the States what to do un- rifices they are going to bear. deal with this issue. You can, as was less you are going to pay for it. Let the We did not get elected to come here suggested in this article, and as some States decide is the call coming from to create a robot-like system where en- of our colleagues suggested, that you titlements are slashed indiscrimi- the Republican side of the aisle. But I wonder, if you apply that to real-life separate out a capital budget from an nately. Some may need to be reduced. operating budget, which is the way, in Why not tell the American people what situations, whether most Americans would agree. fact, most States today balance their we are about as we are to make these budgets. They do that because they hard decisions? I have a district that is on the Mis- sissippi River. The quality of the water have a capital expenditure, it is paid In fact, the balanced-budget amend- in that river is very important to the for over the life of the asset, and you ment may be the easy vote, because we people who live along that river. But deal with your current expenditures do not have to stand up to people and we cannot control the quality of that out of current cash. Families do that to tell them this, indeed, is how I will water in the State of Illinois. Now, we every single day. By narrowing the propose to reduce this budget. have to have a standard, a national playing field, if you will, what the Re- The majority proposed an answer to standard that we can trust, starting publicans are doing is not allowing for these difficult things by saying the bal- from the headwaters of the Mississippi various ideas and various opportunities anced-budget amendment, with a two- in Minnesota, working its way down. to come up so that we can debate each thirds vote requirement, is the only We need a Federal standard, if you will, of these and figure out the best way in way. I submit to you, Mr. Speaker, the a Federal mandate, to suggest that the which you can balance that budget, American people have a right to know water quality is something that we as thereby allowing both the Federal Gov- the sacrifices we are asking them to Americans can trust. ernment and families and businesses to make and we are called to make. Let me give you another example: A continue to invest in their future, and I think the more responsible position few years ago the State of Wisconsin not cut them off or shut them down in is letting the people know. has a drinking age of 18, and the State their ability to move forward. January 11, 1995 CONGRESSIONAL RECORD — HOUSE H 205

So that we are in this most impor- of a cocktail napkin, called the Laffer Ms. DELAURO. I just want to say I tant debate, finding ourselves in a posi- curve, and reduced those cuts in taxes mean through all the discourse and tion where the public has called out to the wealthiest people in this coun- commentary on this issue quite frank- and cried out—and I believe this is true try, and dramatically slashed some of ly, as a woman in West Haven, CT, said in this election—for open government, the spending on the domestic side but to me at office hours one morning, one participatory government, for not al- not on the military side. Once again, Saturday morning, she said, ‘‘I wish for lowing for gridlock, for moving for- that is an echo we are hearing in this one minute that the people in Washing- ward. And we see that all of that is Congress. And the result was a trillion ton would put their feet in our shoes being throttled by the Republican lead- dollars’ worth of debt. The result was and understand what our lives are all ership, and all in the name of saying interest payments of $300 billion, $400 about,’’ and that is what this is about. that the public is afraid and would be billion a year, that will be paid for by It is what people want to know, is their fearful of the pain that is involved if every American family, paid for by all standard of living going to be raised? we have to balance the budget. It does of our children. Are they going to be able to get their not make any sense. Many of us voted against that plan. kids to school? Are they going to be Mr. DURBIN. Reclaiming my time, I But the way it was presented to this able to live in some kind of sense of se- think what the gentlewoman said so Congress was that you had to vote that curity? Are they going to be able to forcefully and eloquently is that basi- day, there could not be any hearings, pass on that American dream to their cally we need to trust the American you had to vote for the substitute, take people, give them the information. it or leave it. There was no time to tell kids the way my colleagues’ fathers, The Republican leadership appears to the American people what was done. and my mother and father, did for me? be very reluctant to do that. You There was no time to debate it on this The whole point of this and part of know, we have been through this, some floor. The Congress took it, unfortu- that is that we do get our fiscal house of us in this Chamber, back in the nately, and a trillion dollars later in in order. There is no question about Reagan and Bush era, when we were red ink, hundreds of billions of dollars that. But let us come clean with the told to just have confidence and faith in interest payments that could have American public and in fact tell them in the so-called Laffer curve. That was gone covering back to the people or whether this balanced budget amend- appropriately named, the Laffer curve, could have been used for productivity ment is going to deny their kid, one and some of the different approaches, in this country or for social progress out of four, a Pell grant to get them to that it was all going to work out, we was denied because of that kind of snap school. Is it going to put their mother could increase spending, cut taxes, and decision, the same kind of snap deci- or elderly mother and father in jeop- when it was all over the economy was sions we have seen around here that ardy with regard to Social Security going to blossom and flourish. It didn’t have been recanted within 1 hour, 2 and with Medicare? Is it going to jeop- happen. What did flourish was our na- hours, 12 hours, on the theory that ev- ardize their ability to get education tional debt during the Reagan-Bush era erything has to be done immediately. and training so that they can get that because we were buying into the eco- Now they are saying that they have first job? That second job? That fifth nomic theories of extreme thinkers. got to rush this, they cannot let the job? And earn a living wage? And is it The Republicans have a tendency to people take a look at it because it will going to do something to allow them to gravitate toward extreme thinkers. I break their political momentum. What work and go to work in this country? Is think we are hearing from those folks is more important: the economic mo- it going to raise that standard of liv- again. mentum of this Nation, or the political ing? I think most of us would agree we momentum of the Speaker of the Let us have that open debate in this should reduce Federal mandates where House? I think it is the economic mo- body. The American people deserve no they just involve bureaucracy and pa- mentum of this Nation. less around this issue of the balanced perwork and do not serve a national We see time and again economists, budget. purpose. But do not go too far. If the chairmen of the Federal Reserve, say- Mr. DURBIN. Mr. Speaker, I thank Republicans want to go so far as to ing, ‘‘Be careful what you do here be- the gentlewoman from Connecticut jeopardize environmental quality, jeop- cause if you do it wrong and don’t [Ms. DELAURO]. ardize health standards, they have think it through, interest rates are As my colleagues know, one of the gone too far. They should stay away going to go up.’’ Everybody believes if interesting things over the last 12 or 13 from that extreme thinking. interest rates continue to go up one years is how popular this balanced We should move toward a balanced more time or two more times, that the budget amendment has become and budget amendment, but from my point economic recovery is then choked off. how necessary in many respects, and of view, more important than that is b economic growth in this country. I 1350 yet each of us who serves in this Cham- would like to make sure we are creat- And then we can look forward to the ber knows that we have it within our ing new good-paying jobs. That should auto worker being laid off, the aircraft own power to deal with this budget on be our highest priority, not some book- manufacturer being laid off, the rail a regular basis and try to reduce spend- keeping standards that really do not people being laid off, and once again ing. pay any attention to the real world. there goes the Federal deficit, but that Last year I came to the floor with a That is the kind of extreme thinking is not what these people are saying. reduction in an appropriation bill of 10 Americans are not going to buy into. They do not want to listen to this. percent from the previous year, $1.3 bil- They want this Government, this Con- They do not want to have these points lion in cuts, and I am sorry to report to gress, to be sensitive to the real prob- of view aired in public. my colleagues that many of the people lems, to the real families, to the need This is supposed to be the most open who have this extreme passion for a for jobs, to the need for business to the time, the most open Congress. But yet balanced budget amendment were no- need to expand. we find out there is no time for debate, where to be found when I needed their Merely paying homage to some there is no time for the public’s view. I votes to pass my appropriation. They bumper sticker with some extreme say, you can’t have it both ways. You call for major surgery on the deficit, viewpoint is not serving the national cannot be the most open Congress. You and they faint at the sight of blood purpose. cannot pass sunshine laws and then tell when they see appropriation cuts, and I yield to the gentleman from Cali- the American people to keep out. that happened time and time again. fornia. Mr. Speaker, we owe them more. We So I think now what we are saying Mr. MILLER of California. I thank owe them more dignity and more re- now to the people who are proposing the gentleman. I think that is an im- spect for their intelligence. this bumper sticker balanced budget portant point. The point is now the Re- Ms. DELAURO. Mr. Speaker, would amendment is, ‘‘Get real. Tell us what publican Members of this Congress are my colleague yield for just one second? we can live with, what you’re prepared forewarned. We took that route once, Mr. DURBIN. Yes, I would be happy to live with. Put it on paper. Tell us we took an economic plan on the back to yield. what you are prepared to vote for. H 206 CONGRESSIONAL RECORD — HOUSE January 11, 1995 Take it home and explain to your vot- here and how it is being deliberated. unrelated to domestic policy, but very ers, as all of us are required to.’’ And I We have to call on people who are in much related to the oil cartel that was do not think that is unreasonable. positions as Governors and elected offi- created in the Middle East. As my colleagues know, ultimately cials to be responsible. It is not just a Mr. BURTON of Indiana. That was a the fate of this balanced budget amend- bumper sticker. It is not just a slogan. fact. ment is not in this Chamber. We will If that is what we were doing in the Mr. HOYER. And energy costs sky- pass it, I suppose, and the Senate past, and that is what we have decried rocketed. We had long lines, shortages, might. Then it goes off to the State and said we are not going to do in the and energy prices skyrocketed. legislatures, and it takes 38 of them to future, then let us not go back to busi- But the gentleman also correctly ob- approve it for it to become the law. ness as usual. Let us not do that. The served that interest rates followed the Some 7,424 State legislators will actu- American people, as I said earlier, de- inflation rate up, and the reason they ally decide whether or not there will be serve better than that, and we have an do that obviously is because money, a balanced budget amendment in the opportunity here. That is what we were like any other commodity, is affected Constitution. sent here to do; that is what Governors by inflation, and the payback, the am- Recently a Wall Street Journal arti- were elected to do as well. ortization, the payback of the price of cle went around and asked some of Mr. DURBIN. Mr. Speaker, I thank the money, is keyed to the differential those State legislators, some of whom my colleague from Connecticut. between what our inflation rate is and had supported this in the past, what In the past special orders have been what our cost of money is, and that is they thought of it now that it was on political monologs from one side or the the real cost of money, the real. the horizon. A gentleman from Dela- other, and I would hope in the future And, as the gentleman knows, not- ware, State Senator Robert Connor, a that could change, and in the spirit of withstanding the fact that the interest Republican, said, ‘‘For us it could be trying to bring that change my col- rates were nominally high in the late devastating. In the end we could be left league from Indiana, my Republican 1970’s, in point of fact as the gen- with severe budget cuts and an in- colleague, asked for an opportunity to tleman—— crease in taxes in Delaware.’’ speak earlier, and, realizing we only Mr. BURTON of Indiana. Nominally? In Alabama a Democratic representa- have maybe 8 or 9 minutes left, if we tive, Michael Bach, said it was a farce. could enter into a dialog, I would be Twenty-one and a half percent? The way the amendment looks now it happy to at the moment. Mr. HOYER. Nominally in terms of simply shifts the burden to us. That is Mr. BURTON of Indiana. Mr. Speak- the difference between inflation, which not what the people of Alabama need. er, I thank the gentleman from Illinois was 17 or 18 percent, and interest rates So, finally some folks are starting to [Mr. DURBIN] for yielding, and I do not which were 21 percent, a 3.5-point dis- realize what it is all about. want to prolong the discussion, but crepancy. In point of fact, in the 1980’s Going back to my earlier point, I what I think would be helpful for the real interest rates, which is really hope the Governor of California will at American people is if maybe we could what the gentleman is worried about least pause and think when he calls up have some debates, not the English because it is the difference between his congressional delegation here in style debates we were talking about, what our money depreciates at and Washington and says, ‘‘We need help in where we could get two people on the what we have to pay it back at, were California,’’ that he is the same Gov- gentleman’s side and two on our side to higher in the 1980’s than they were in ernor who just at Tuesday’s press con- come down and to debate at length the the 1970’s. ference in Sacramento said of the Fed- subject of the economy and how we are Mr. BURTON of Indiana. Oh my. I eral Government, quote, we are going going to deal with it. will get into that more at length later, to sue their butts off, close quote, be- One of the things that I was going to and I thank the gentleman. cause they are imposing burdens on us take issue with and will be when I have Mr. HOYER. I will be glad to discuss that we should not have to pay for. my special order here in a few short that with the gentleman, and most Well, honestly I think we should come minutes was the issue of interest rates every economist will say that is the to the help of the people of California, that the gentleman from California fact, but of course the gentleman is but it would be helpful also if the Gov- talked about. correct. Most people did not think that ernor of California would sit down and When Jimmy Carter was President, because the numbers were not as large. at least take a look at his own request, interests rates went to 21.5 percent—— But, in borrowing money, we really are that we, a deficit-ridden Federal Gov- Mr. DURBIN. They were horrible. very interested in what the real—— ernment, are coming to the rescue Mr. BURTON of Indiana. Because the Mr. BURTON of Indiana. Let me just again, as we should, of residents of his inflation rate got out of control, and say to my colleague and the gentleman State. And all of the people who are Mr. Volcker thought he had to do that from Illinois, what I’d like to do, if we telling us, ‘‘Pass the balanced budget to choke off inflation, and, when Presi- could, is maybe we could sit down at amendment; reduce the amount of dent Reagan came in and cut the top some point and decide on the two or money you have,’’ should stop and tax rate, which is not talked about three topics, and come down with two think in Sacramento, CA, in Spring- very much, we ended up with seeing in- Members on each side, and have some field, IL, in State capitals all across terest rates going down dramatically real, in-depth debates that the Amer- the country, that they will have new along with inflation. ican people, who may be tuning in, can obligations and new responsibilities. So, when we start talking about, and watch and get both perspectives. Let us get real. Let us get respon- the Democrat minority starts talking Mr. DURBIN. The gentleman from sible. Let us be honest with the people about, interest rates being out of con- Indiana [Mr. BURTON] I think has made of this country and let them know trol because of our policies, which we an excellent suggestion, and I also hope what is in store with the balanced are talking about right now, I think we we can kind of create a different kind budget amendment. need to look at history and see that of environment for debate on the floor The gentlewoman from Connecticut. the real problem that was created as where we try to have more exchange of Ms. DELAURO. I would just like to far as interest rates and inflation last ideas. Certainly we want to express our say to my colleagues, that’s absolutely time occurred primarily under Demo- viewpoint, and the gentleman does, correct, and that is all we are asking crat administrations. too, but we should try to maintain dia- for, is to have that opportunity for the Mr. DURBIN. I think my colleague log. I think it is more interesting for discussion and for the debate. from Maryland would like to respond. those who are observing the debate, And I join my colleagues today and Mr. HOYER. Mr. Speaker, I thank and perhaps we can generate some new others, and I think what I am prepared my friend, the gentleman from Illinois knowledge for both of us. to do is to have this discussion and de- [Mr. DURBIN] for yielding, and I want to b bate on a daily basis, if that is what is respond to my friend from Indiana. 1400 required in order to try to get the in- Interest rates, of course, and infla- I only have a few minutes remaining. formation out to the American people tion rose very rapidly in the 1970’s. as The gentleman from California [Mr. as to what, in fact, we are deliberating the gentleman well knows, for reasons BECERRA] has asked me to yield to him, January 11, 1995 CONGRESSIONAL RECORD — HOUSE H 207 and I am happy to yield to him at this incredulous to believe that we are now bureaucracy in this country can be cut point. talking about a balanced budget dramatically. Mr. BECERRA. Mr. Speaker, I want amendment which would cut away the On the first day of this session we re- to thank the gentleman for allowing money for some programs like the Fed- duced the congressional committee me to have these few minutes. eral Emergency Management Agency staff and the congressional budget by a I was watching some of the discus- which would provide those emergency third. That was just on the first day. sion over the television as I was in the dollars to California right now. We do So it can be done, but it is going to Judiciary Committee, and I thought it not know whether that will happen or take time to go through each one of was important enough to come down not because we cannot get anyone in those agencies, each area of govern- here, because at this very moment our the majority to tell us, and that is a ment, and cut the largesse that has committee is debating the balanced true shame. It seems that what we been put on those budgets over the last budget amendment and I just wanted should be talking about right now is 40 years. They have had control since to add a few points. openness. It reminds me of those games 1954. They have had one House continu- It seems to me that for the last that the kids play. Right now we are ously since 1954 and both Houses for month and a half we have been talking playing hide and seek with the Amer- most of that time. So for us to turn about how open this new Congress will ican people. Rather than playing hide around the runaway government that be and how important it is to give the and seek, I think it is about time, since has caused these huge deficits and the people of America a chance to really we are playing with Americans’ hard- problems facing this country is going understand the workings of the House earned dollars, that we play show and to take more than 4 or 5 days. of Representatives and of the Senate. tell. And at this stage we have not seen Make no mistake about this, I say to Yet it seems to me the first thing we any show and tell. my colleagues and to anyone else who are doing with this balanced budget Mr. DURBIN. Mr. Speaker, I thank may be paying attention across this amendment is closing doors to open- my colleague, the gentleman from great land of ours, we are going to re- ness to the American public. We are California. duce the size of Government. We are not giving them any idea about how we Mr. Speaker, I yield back the balance going to reduce taxes. We are going to are going to pay for anything in the of my time. pass a constitutional amendment that balanced budget amendment. f As the gentlewoman from Connecti- is going to say that if we raise taxes cut pointed out, we are talking about THE ECONOMICS OF SPENDING again, we are going to have to have a cutting $1,200,000,000,000 over the next 5 CUTS—AND WHITEWATER 60-percent vote, not 51 percent but 60 percent, because we do not want every to 7 years, and the American people The SPEAKER pro tempore (Mr. SAM Congress coming in here and saying on should know what that means. It is to JOHNSON of Texas). Under the Speak- me somewhat disconcerting to find er’s announced policy of January 4, a whim that they want to raise taxes that in the Judiciary Committee today 1995, the Chair recognizes the gen- again, which has been the case for a the only way we could try to extract tleman from Indiana [Mr. BURTON] for long, long time. We are committed to anything from the Republican majority 60 minutes. streamlining Government and getting on how they intend to pay for this is to Mr. BURTON of Indiana. Mr. Speak- Government off the American people’s propose amendments to find out if they er, I came down here tonight to talk backs as much as possible, and that in- would include those amendments to about the Whitewater-Vince Foster-Ar- cludes the private sector, the entre- protect certain programs, for example, kansas Development Financial Author- preneur, the businessman who creates Social Security. We had an amendment ity debacle and how it pertains to the these jobs in this country, as well as that would say that in the process of Clinton administration and in particu- the cities and States that have been trying to balance the budget we would lar, to Bill and Hillary Clinton, the crying for years, ‘‘The Government in not go after the moneys that hard- President and the First Lady. But be- Washington tells us to do something working Americans have put into the fore I do that, I feel compelled to re- and then doesn’t give us the money to Social Security fund. That amendment spond a little bit to my Democratic do it, so what we have to do is raise failed. The Republicans said we could colleagues who have been down here taxes at the local level, property taxes not do that. maligning the new Republican leader- and sales taxes and State income taxes, Now, their reasons are similar to ship about our economic policies and to pay for it.’’ So we have been putting that analogy that I recall from that how we are going to deal with the fi- undue burdens on local and State gov- zealous military man who said that in nancial problems of this country over ernments without giving them the order to save the village he had to burn the next 5 to 10 years. wherewithal to deal with it. it. In essence, that is what we were told First of all, let me say that we have What we want to do is reduce these today in the Judiciary Committee. We been in power about a week to 10 days. Federal mandates and allow States and cannot put an amendment in that You cannot expect everything to be ac- local governments to deal with their would protect Social Security from the complished in the first 10 days. After problems themselves, closer to the peo- massive cuts, because if we do so, we all, the Contract With America which ple, where they can do it better and will ruin Social Security. The logic we promised the American people be- more efficiently. And all these things evades me. fore the election we will deal with is we are going to be talking about in the Just minutes ago—in fact, I missed going to take a hundred days, and for weeks and months to come. the vote because I was trying to get us to do everything the Democrats are Chairman KASICH of the Budget Com- here—we had a vote to try to exclude talking about today on the floor is vir- mittee has said time and time again on some major cuts like veterans’ benefits tually impossible. It is going to take a national television that we are going for those who have served in the wars little bit of time to illuminate the to create a bank account, if you will, of this country, defending this country, American people as to where the cuts where we make the cuts in Government and who have now come back injured. are going to take place and how exten- spending first and put it in the bank, We could not get the Republicans to sive they will be. and then we use that to spend in other agree to that amendment. Now, it is true that we are going to areas where it is absolutely necessary, So it is disconcerting to see that the have to reduce over the next 5 to 6 to where we can make cuts, like cutting only way to try to find out what they 7 years the cost of Government by taxes. We are not going to do the are not willing to protect is by propos- about $1 trillion to $11⁄2 trillion. That is spending first; we are going to do the ing amendments which they are now doable, although my Democratic col- cutting first. That is something that is rejecting. leagues would lead us to believe it can- new and revolutionary in this body be- The gentleman from California [Mr. not be done without a lot of wailing cause every time in the last 40 years, MILLER] pointed out that right now in and gnashing of teeth. We have a lot of when we wanted to do something, we California, as they are suffering Government agencies that can be done just raised taxes; we did not try to cut through some major devastation from away with. We have a lot of Govern- Government, we did not try to cut the the floods and rains, it seems almost ment agencies that can be reduced. The bureaucracy, and we did not try to cut H 208 CONGRESSIONAL RECORD — HOUSE January 11, 1995 the regulations that have been burden- thing to invest for plant and equip- mained to be answered, and that con- ing the private sector. ment. So we have to make sure when gressional hearings were the only way My colleagues indicated in their we cut taxes, we cut it fairly, not just to get those answers. comments just a few moments ago that for the poor and the middle class, but As we begin this new year and new we had to create jobs, and the implica- for the people who have the where- session of Congress, the questions are tion was that Government had to help withal to create jobs as well. They are still unanswered, and the need for hear- in creating jobs. Government has been the ones who make the capital invest- ings into possible illegal activities by the problem in stopping job creation by ment for economic expansion and more the President and First lady and others loading on the backs of private busi- jobs. need to be answered, and we need these ness people more costs and more Gov- So we shouldn’t have this class war- hearings. The necessity is greater than ernment mandates that they have to fare they have been talking about for ever. pay for. 40 years, rich against poor, because we Today I am going to discuss some of are all in this boat together. And if we the most noteworthy controversies b 1410 help the businessman, if we cut, for in- that were created and discussed last If a businessman in Ohio or Indiana stance, capital gains, it helps every- year and that came to light. Then I or California is told by the Federal body. It helps create jobs because there will discuss some new revelations and Government he has to do something, is more money for investment in new new events that unfolded during the re- and it is going to cost money, that capital goods and equipment and plant cess over the Christmas holiday. In the money does not come from heaven. He expansions. coming weeks I will be taking time on has to pay for that some way. The way So I really kind of get upset when the floor to discuss a number of these he pays for it is by raising the price of they are attacking various classes in areas in much more detail. his product. our country and, in effect, attacking First of all, let me talk about Vince We are now in a global marketplace, the very system itself which we call Foster. He is the fellow who was the a global economy. You can get people free enterprise, because free enterprise counsel to the President, assistant to work in Mexico for $1 an hour, in- is the way you create jobs and eco- counsel to the President, who was cluding fringe benefits. So the Amer- nomic expansion, not by more Govern- found dead out at Fort Marcy Park. ican entrepreneur, when the Federal ment, not by more taxes, and not by There is a lot of questions concerning Government adds a mandate on his more regulation. his death. back that is going to cost money, it When they start talking about Social The evening of Vince Foster’s death puts him in a less competitive position Security, for anybody who may be pay- at Fort March Park, the White House with that businessman in Mexico, who ing attention that is a senior citizen, chief of staff, Mack McLarty, ordered has a great advantage already at the we have already said that Social Secu- Vince Foster’s office sealed. He said it beginning because of wage rates and rity is off the table. There are no cuts should be sealed to protect everything other things that the Mexican Govern- in Social Security planned, and so in there because there may be some in- ment does not require that we do. when they start talking about that, vestigation concerning his death. So every time our Government adds they are creating a red herring. His office was not sealed. Instead, more requirements on private business I think that is pretty much what I three White House officials searched in this country, it costs them money wanted to say about my colleagues. As his office in the middle of the night and and it ends up costing jobs. So the I said during a small colloquy with my removed many files from his filing things that they are doing over there Democrat counterparts, I hope we can cabinets, and these documents were by adding mandates and Government have some real honest debates, maybe taken away. controls on business ends up costing during special orders, in the weeks and The three officials who went into his Americans jobs and drives American months to come, so the American peo- office in violation of the what the chief industry out of the country where the ple can see very clearly where both of staff, Mr. McLarty, said was going to cost of doing business is less and the sides are coming from. But in closing be done, were Bernie Nussbaum, the American jobs go with it. on this section of my special order, let President’s counsel; Hillary Clinton’s So what we want to do as a new Re- me just say that we want to unchain chief of staff, I don’t know what she is publican majority is reduce those man- the free enterprise system, we want to doing in there, Margaret Williams; and dates on cities and States, reduce those reduce the tax burden on American special assistant to the President, mandates and controls on the private citizens, we want to reduce regulation Patsy Thomasson. sector so we can unchain the free en- on the private sector so they can be It was later revealed at last August’s terprise system, so we can be competi- competitive in the world marketplace, congressional hearings before the Com- tive in any world market competition and if we do those things, then this mittee on Banking, Finance, and Urban with Japan, with Taiwan, with Korea, country is going to be much, much bet- Affairs that Bernie Nussbaum gave one with England, with France, with Ger- ter off. And the thing that my Demo- of the files concerning Whitewater to many, any country. And that is going crat colleagues fear absolutely the Margaret Williams, Hillary Clinton’s to be good for America. It is going to most is that this revolution that took chief of staff. After checking with Hil- cause a burgeoning economy, a growing place on November 8 will continue into lary Clinton, Ms. Williams locked the economy in the years to come. the next election and the next election file away upstairs in Hillary Clinton’s Less Government, less taxes, less and the next election, because their personal residence, and several days Government interference, and less Gov- philosophy is not what the American later it was given to the President’s ernment control means a stronger people want. And I think that is one of personal lawyer. When the President’s economy in the long term. And that is the reasons why you hear them squeal- First Lady was asked about this, she anathema to the more liberal element ing so much right now. said it was locked away in a file and we that believes more Government is bet- COMMENTS ON WHITEWATER didn’t look at it. ter. They have believed for 40 years Now, let me talk about something Now, that bothers me. I am not cer- that the way to get things moving in that is very, very important that deals tain that they would take that out of the right direction is to sock it to the with a different subject, and it has to his filing cabinet in violation of what rich and give it to the poor. And the deal with the President of the United Mack McLarty requested and what the implication was that if you have States and Whitewater, the Arkansas FBI and police would request, put it in money, that is bad, and we are going to Development Financial Authority, and her filing cabinet upstairs, and then take it from the rich and give it to the a lot of other things. she says she didn’t look at it. poor, and that redistribution of wealth Before we adjourned last November, I Two days later Bernie Nussbaum is going to solve the problem. discussed several aspects of the went back into Vince Foster’s office The fact of the matter is poor people Whitewater investigation and other re- and conducted a second search of his don’t create jobs. A man who doesn’t lated scandals surrounding President office, and he told the Park Police and have anything doesn’t go out here and Clinton, in special orders. I said at that the FBI to sit on chairs outside the of- create jobs. You have to have sometime that many, many questions re- fice so they couldn’t see what he was January 11, 1995 CONGRESSIONAL RECORD — HOUSE H 209 doing, and he removed several more of legal size paper torn into 27 pieces The New York Times article impli- files. with 1 piece missing. The pieces of cated the President and the First Lady Here are some questions that need to paper had no fingerprints on them. in Whitewater. They took these files be answered in hearings before the Con- Torn into 27 pieces and no fingerprints back from the Governor’s Mansion to gress. Why did Bernie Nussbaum, Ms. on it. the Rose law firm for shredding on Williams, Hillary Clinton’s chief of I don’t know how that happens, but I seven different occasions. One em- staff, and Patsy Thomasson, the chief guess it does. Two earlier searches ployee said a conservative estimate personnel officer at the White House, turned up no such note. Now, get that. would be that there were more than a remove files from Mr. Foster’s office in Two earlier searches of the office and dozen boxes of documents that were ul- the middle of the night after the office briefcase turned up no such note, yet 6 timately shredded and destroyed. was ordered sealed? What documents days later they found this note torn In 1994, a part-time courier for the were they searching for and what docu- into 27 pieces with no fingerprints on Rose law firm, a man named Jeremy ments did they take out, and did they it. Hedges, told a grand jury that he was destroy any of those documents? b 1420 told to shred documents from the file Why weren’t the Park Police and the of Vince Foster, the man found dead at Here are some questions. How can a FBI given immediate access to Mr. Fort Marcy Park, who was assistant piece of paper torn into 27 pieces of fin- Foster’s office? Why didn’t the White counsel to the President. This guy at gerprints, at least a smudge on one of House give them access to all of the the Rose law firm, this young man was documents to help them in their inves- them, how could two previous searches of his briefcase have missed such a told to shred Vince Foster’s files. This tigation? Why were the Whitewater occurred after Special Counsel Robert files locked up in the personal resi- note? Fiske announced in January that he dence after they were taken from Mr. Here are some new developments. would investigate Foster’s death. That Foster’s office? And have investigators New and very serious questions have appears to be obstruction of justice. from the independent counsel’s office surfaced recently about Mr. Foster’s Here we had a possible suicide or been given access to all of those files? briefcase. Independent counsel, Ken- murder case that was going to be inves- We may never known, because we don’t neth Starr, who I think is doing a very know what was taken out of there and good job on this case, Independent tigated by the independent counsel or if any of them were destroyed. Counsel Kenneth Starr is questioning the special counsel and after the fact Here are some new developments. witnesses before a grand jury right now the Rose law firm started shredding One of the projects that Vince Foster about this matter. According to press Vince Foster’s files. What were they was working on was preparing 3 years reports, two of the rescue workers who shredding down there, why? of overdue tax returns for Whitewater were the first ones to arrive at the Mr. Hedges said that he knew they Development Corp. He was assistant scene told the FBI that they saw a were Mr. Foster’s files because they counsel to the President and was in the black briefcase in Mr. Foster’s car at had Vince Foster’s initials on all of process of preparing tax returns for 3 Fort Marcy Park. The park police re- them. years of overdue taxes for the White ported no briefcase when they searched Here are some questions: Why were Water Development Corp. He had no his car. documents destroyed in Arkansas dur- business doing that while he was in the The two rescue workers were George ing the 1992 Presidential campaign White House. Nevertheless, he was in Gonzalez and Todd Hall. They told the after the New York Times reported the process of doing that. FBI about the briefcase last March. that Hillary and Bill Clinton were in- We can assume that these were Questions: Did the briefcase in Mr. volved with the Whitewater mess? We among the Whitewater records re- Foster’s car belong to Mr. Foster? If so, have other reports that indicate that moved from his office by Mr. Nuss- how did it get from his car at Fort the Whitewater files that Hillary and baum. The President’s deposition, the Marcy Park back to the office? Three, Bill Clinton were involved in were President gave a deposition concerning why did the park police say they found taken from the Rose law firm over to Mr. Foster given to the independent no briefcase in Mr. Foster’s car? And the Governor’s Mansion before the counsel, which was released as part of four, why did Independent Counsel campaign and then documents were the Senate Committee on Banking, Fi- Fiske at that time make no mention of taken back to the Rose law firm after nance, and Urban Affairs report. And in this controversy in his report? The FBI this report by the New York Times and his deposition, President Clinton said interviewed these rescue workers a full shredded. It appears they were the he was not aware that Vince Foster 3 months before the report was issued. same documents, but we cannot prove was working on tax records for So that briefcase was in that car and it that. Whitewater. was Mr. Foster’s briefcase, and they Two, did these documents contain Vince Foster was the associate coun- found a suicide note 6 days later in the crucial information about the sel to the President. He was working in office. And it is the same briefcase. It Whitewater scandal that were needed the White House. His responsibilities did not just fly there. Somebody had to by Federal investigators? One would were to do what the President wanted. take it there. That needs to be looked guess that they probably did, but we do And yet he was working on 3 years of into by a congressional hearing as well not know that for sure. Three, why back tax returns for Whitewater, the as the special counsel, the independent were more documents destroyed in President was involved in Whitewater, counsel. early 1994, after Mr. Fiske announced and he said he didn’t know anything Destruction of documents in Arkan- he would investigate the death of Vince about it. sas. In March 1992, during the Presi- Foster? Why did they start destroying The question is how could the Presi- dential campaign, the New York Times all his files at the Rose law firm? And dent not know that his personal friend published a groundbreaking story on four, what documents were destroyed? was working on a project of that im- the Whitewater Development Corp. and And I am not sure we will ever know portance? Whitewater had become a the Clintons. Three employees of the the answer to that one. But we do major scandal at the time and was con- Rose law firm, where Hillary Clinton know that they were really destroying suming everyone’s attention at the was employed, three employees of the documents down there out of the Gov- White House. Yet the President said Rose law firm have reported that they ernor’s Mansion after the campaign under oath he didn’t know anything were summoned to the Governor’s and after Vince Foster’s death. That about it. Mansion by Hillary Rodham Clinton would lead one to believe that they had Now, there was a briefcase I want to and were given records that they were something to hide. talk about. Six days after Vince Fos- told then to shred back at the law firm. Now, Paula Casey, a conflict of inter- ter’s death, White House officials in- They reported making at least six est. In 1993, Paula Casey was appointed formed law enforcement officials that other trips to the Governor’s Mansion by Bill Clinton to be the U.S. Attorney they had searched Mr. Foster’s brief- during the campaign. The shredding in Little Rock, AR. She had worked on case in the White House office. They began after the New York Times arti- his campaigns, and her husband had found a suicide note written on a sheet cle and ran up through the election. been appointed by Governor Clinton to H 210 CONGRESSIONAL RECORD — HOUSE January 11, 1995 a State job. She was a friend of Bill uted substantial amounts of money to Bear in mind the President flew Clinton’s, a very close friend. Clinton’s campaign for governor, and around in a lot of these planes during Just before the election, the Resolu- he took the Clintons to several events several of the campaigns and on per- tion Trust Corporation sent the first of around the State over a period of sonal trips. Cocaine was being used on two criminal referrals concerning months and years on his own private these planes, and they could have been Whitewater to the U.S. attorney in Lit- plane. seized and moneys could have been tle Rock to investigate. It named the Lassiter’s investment company, seized during the investigation. Clintons as potential beneficiaries of a Lassiter and Company, received mil- Delaughter also told the Albuquerque check kiting scheme. Here we have this lions of dollars in bond business from newspaper that the investigation was friend of Bill and Hillary Clinton, who the State of Arkansas. frustrated by interference by high is the U.S. attorney down there in Lit- Question: Why did Mr. Lassiter’s ranking State officials appointed by tle Rock, and she had this referral from company receive the lucrative bond Governor Clinton. Delaughter said that the Justice Department saying they business from the State. Did Governor he twice briefed State Police Director should check this out, because there Clinton use his influence to steer these Tommy Goodwin over the phone about was a possibility of them being con- contracts to Mr. Lassiter because he the investigation. Goodwin took the nected with a check kiting scheme. was a friend? It was well-known in Ar- calls in the Governor’s personal office. Paula Casey, friend of Bill Clinton, kansas at that time that Dan Lassiter He was talking to him about this who was the U.S. attorney, then let the was involved in drugs, in cocaine. He referral sit on her desk for 9 months drug problem and this investigation, was the subject of a joint Federal/State and Goodwin, Tommy Goodwin, who and did not do anything about it. She criminal investigation. did not investigate. Why did she not do was the State Police Director, he took In 1986, he plead guilty to Federal that? those calls in the Governor’s personal drug charges. Despite the seriousness In October 1993, the Resolution Trust office. It is not known if Bill Clinton of the charges, he spent less than 6 Corporation sent a second criminal re- was in the room, but you would assume months in jail out of a 30-month sen- ferral regarding Whitewater to the if it was the Governor’s personal office tence, and that was spent not in jail same attorney down there, U.S. attor- he probably was there. ney, Paula Casey. This one alleged that but in a halfway house. This investigation involved Bill Clin- Madison Guarantee Savings and Loan He never went to jail. ton’s brother Roger. Delaughter told illegally diverted $60,500 to Bill Clin- In 1990, after he got out of the half- the newspaper that he was prohibited ton’s 1984 campaign for Governor. So way house, Governor Clinton pardoned by his superiors from interviewing Dan here is a second referral in a different him. Lasater or Roger Clinton. The FBI did case where there were funds diverted to Questions: Why did Bill Clinton par- finally interview them, but Delaughter Bill Clinton’s campaign in the amount don Dan Lassiter? Was it because was told not to interview Roger Clin- of over $60,000 illegally. Lassiter had been a reliable contribu- ton, Bill Clinton’s brother, or Mr. In October 1993, the pressure got tor to this campaigns? Was it because Lasater. Lassiter loaned Bill Clinton’s brother pretty hot, because Paula Casey for- A second State investigator, a man Roger $8,000 to pay off a drug debt and mally and secretly, without telling named Larry Cleghorn, was asked gave him a job? Bill Clinton’s brother anybody, declined to investigate the about political interference in the in- Roger got $8,000 from Dan Lassiter to matters brought in the first referral. vestigation of Lasater. He said this: pay off a drug debt. She said, I will not investigate them. ‘‘You have to understand that we were Later that month, the RTC’s refer- All of these questions need to be answered in hearings. in a State agency and our Governor rals were reported in the press. When was Bill Clinton. We just got done put- this happened, Paula Casey finally Here is a little bit more on Mr. Lassiter. Last September, the Albu- ting his brother in the penitentiary. recused herself. So she refused to do Lasater was one of the Governor’s big anything, but then finally, when the querque Journal published a major ex- pose about political interference in the friends.’’ press got onto it, she said, I will not The State agents alleged that the get involved. I am going to recuse my- investigation of Dan Lassiter and State’s part of the investigation was self and let somebody else handle this. Roger Clinton. The article quotes shut down prematurely for political Here are some questions. Paula Casey former Lassiter employees at the reasons. Lasater did eventually plead was a friend and supporter of President Lassiter company as telling the FBI guilty to drug distribution, despite the Clinton. He gave her her job. He gave that they left Lassiter and Company interference by the State administra- her husband a job at the State. So why between 1982 and 1985 because of the did she not recuse herself from this en- pervasive drug use at the company. tion in the investigation. That was be- tire matter at the very beginning, cause the Federal investigation was on- b when she got that first referral from 1430 going as well. the Justice Department? She waited 9, The article reported that the FBI re- Here are some questions: 10 months before she did anything. She ceived sworn statements from Lasater Did then Governor Clinton’s political had a clear-cut conflict of interest, but employees that there were company appointees interfere in the investiga- she did not do anything for darn near a Christmas parties where cocaine was tion? It would appear they did. In fact, year. served in ashtrays. They had it sitting I think it is almost as clear as the nose Second, how much more evidence all over the house. on your face that they did. could have been uncovered if an impar- Bill Clinton and Lasater were very Two, if they did, were they ordered to tial prosecutor had been investigating close friends. They went to a lot of par- do so by Governor Clinton? If that is this matter for the 9 months that the ties together and a lot of functions, so- the case, there was an obstruction of referral sat on U.S. Attorney Paula cial functions together, so this was not justice. Casey’s desk down there? And three, a distant relationship. Three, was Governor Clinton present has Paula Casey been disciplined for The FBI and Arkansas State Police in his office when the State Police Di- her actions by the Justice Department? were cooperating in a joint narcotics rector was being briefed in the case of That is a question we ought to pose to investigation. State Police Investiga- Clinton’s brother? Janet Reno, because Paula Casey cer- tor ‘‘Doc’’ Delaughter, and I hope ev- Four, was Governor Clinton monitor- tainly should be taken to task for not erybody gets this, State Police Inves- ing this case, which involved his broth- doing her job and letting this thing lay tigator ‘‘Doc’’ Delaughter told reporter and his friend? for at least 9 months. ers that the investigation was closing Five, are these matters being inves- Let us talk about another friend of in on Lasater. He said, ‘‘Moneys could tigated by the Justice Department or Bill and Hillary Clinton, Dan Lassiter. have been seized and planes could have the Independent Counsel? And I believe Dan Lassiter was a multimillionaire in been seized because we had evidence the Independent Counsel is probably Arkansas. He was a friend and political that cocaine was being used on these looking into all of this, because I have supporter of Bill Clinton’s. He contrib- planes.’’ great confidence in Mr. Starr. January 11, 1995 CONGRESSIONAL RECORD — HOUSE H 211 Let me just say that in the weeks ago called NAFTA, the North Amer- that you are going to be taking on and the months to come we will be con- ican Free Trade Agreement, or as some loans that went bad through the com- tinuing our investigation, my staff and of us would like to say, the agreement mercial banking system to countries I and others here on Capitol Hill, even that some would call ‘‘no more taking like Mexico, and when you have to though we have not had hearings, into American jobs away someplace else, es- monetize $150 billion of trade deficit, Whitewater, the Arkansas development pecially south of our border.’’ you have a problem on your hands. financial authority, the drug traffick- If you have been reading the news- They are taking it out in higher inter- ing that was taking place and drug use, papers, though it is sometimes buried est rates on the American people. pervasive drug problem that was tak- on page 17 or 25, you will note that in As my colleagues and I predicted, ing place at the hands of Mr. Lasater. Mexico there is a severe financial crisis just 1 year after NAFTA, NAFTA has We will be looking into all aspects of currently going on in that nation. the meant a worsening of America’s trade this investigation and trying to report purpose of today’s colloquy will be to position with Mexico. In fact, it has this to my colleagues. discuss with my good friend, the gen- been cut in half. We were told, for ex- I’m going to make a ‘‘Dear Col- tleman from Oregon [Mr. DEFAZIO] and ample, in the auto industry that we league’’ for all the freshman Congress- others who will join us, what this would sell 60,000 more cars to Mexico, men, both Democrat and Republican, means for the American worker and but if you look at this charter, this is who came in, so they can be kept what it means for the American tax- the truth about what has been happen- abreast of what is going on. The fact of payer, as well as the citizens of Mexico, the matter is these questions must be because this week we are introducing ing since NAFTA passed. answered. legislation which the gentleman from b 1440 A lot of people across this country Oregon [Mr. DEFAZIO] will talk about are saying, you know, we ought to for- in just a second. Prior to NAFTA passing, this red get about Whitewater, we ought to for- For those of us who opposed NAFTA, arrow represents how many cars and get about these investigations and go it is difficult to get up here and say ‘‘I trucks Mexico was sending to the Unit- on. But the problem is no one is above told you so,’’ but if the pain were not ed States. Over the years we have only the law, whether it is the fellow who so great for thousands of people in our been sending a trickle into Mexico, sweeps the streets or sets pins in a country and thousands of people in represented by this little arrow. bowling alley, if they still do that, or Mexico, we would not be so compelled But after NAFTA, which was sup- delivers papers, or the President of the as we are today. posed to make this arrow look better United States. There is a new kind for foreign aid for our people and this arrow look If the President was involved in any afoot in our land. It is called NAFTA. worse, what do we have? We have more kind of coverup regarding Whitewater, Because of the instability in Mexico, vehicles coming up from Mexico into if there was any destruction of docu- our taxpayers, with no vote occurring the United States, and the trickle from ments at the hands of the President or here in the Congress of the United the United States down to Mexico con- the First Lady that would obstruct the States, our taxpayers are being asked tinues, largely automobiles going down investigation into Whitewater, if the to foot a multibillion dollar bail-out of to rental car agencies in Cancun and President did something to stop an in- the Mexican peso. We do not even get a Yucatan and Mexico City where our vestigation into drug dealing in Arkan- seat at the table. people vacation. There has been no real sas because this guy was his friend, if Congress has no vote. The taxpayers growth of the middle class in Mexico. there was campaign money being given in my district have no vote. The play- With what has been happening in to the President’s campaign that was ers who are at the table are giving the Mexico, what have we seen? Their cur- illegal, that was being diverted whole set of transactions a very fancy rency, called the peso, has been nearly through the Whitewater Development name. They are calling it debt swaps. Corp., those are criminal violations. They are calling them peso bail-outs. cut in half. It has been devalued by I don’t care who it is, they should be They are calling it teso bonos. nearly 40 percent since the end of De- investigated thoroughly. If somebody The average person that lives on my cember. violated the law, they should be pros- street in Ohio doesn’t know what all What does this mean? That means ecuted to the full extent of the law, no this is. Only people connected with that their goods will be cheaper on ex- matter what their station is in life. Wall Street and the Federal Reserve port, which means this number, wheth- For that reason, we will continue our are supposed to understand this. So er it is cars or whether it is electrical investigation. We will try to force today we are going to try to clear the wiring harnesses, whatever, it will be hearings here on Capitol Hill. I believe air a bit, because what this deal is ac- cheaper for them to send more into our there will be hearings. I believe Mr. tually doing is asking our taxpayers to marketplace and it will be much harder Starr will continue his investigation of back up a minimum of $9 billion of for the United States to send goods this. Hopefully, we’ll come to some loans to Mexico, and through the Fed- down there because our goods will be- kind of a conclusion within the next eral Reserve an additional $5 billion come more expensive in their market. year. plus, we don’t know quite how much. Mr. DEFAZIO. If the gentlewoman But make no mistake about it, my But of course it is the deposits of our will yield on that point. colleagues, we will be continuing spe- people in our banks, that then make Ms. KAPTUR. I yield to the gen- cial orders down here covering this and payments into the Federal Reserve, tleman from Oregon. other topics related to Whitewater, and that creates Federal Reserve, so we are Mr. DEFAZIO. I think I recall that I hope my colleagues will pay particu- all connected to that system. And then during the debate over NAFTA, the lar attention, because it is very, very there are additional funds coming from gentlewoman from Ohio, myself and important. some of the commercial banks in this others raised the point that we thought f country that are having a whole lot to the Mexican peso had been artificially worry about at the moment. propped up and overvalued in order to NAFTA AND U.S. ECONOMIC Over this past year, if you think try and sell the NAFTA agreement. In POLICY about it, our Federal Reserve has fact as I recall, we said we thought it The SPEAKER pro tempore (Mr. raised interest rates on the American was about 20 to 25 percent overvalued. JOHNSON of Texas). Under the Speak- people seven times. All of the press has Of course we were wrong. Apparently it er’s announced policy of January 4, been wondering why are they doing was 40 to 50 percent overvalued. 1995, the Chair recognizes the gentle- that, because wages aren’t going up in This was clearly on the part of the woman from Ohio [Ms. KAPTUR] for 60 America. There is no inflation. What is financiers on both sides of the border minutes. going on over at the Fed? In fact, some and some of the highest political offi- Ms. KAPTUR. Today, Mr. Speaker, group of citizens demonstrated against cers in both countries an attempt to we are going to spend some time focus- a Fed a couple of weeks ago. distort the ultimate impact of this ing on a very important issue that We understand what the Fed is up to. agreement. In fact, the Mexican oppo- came before the Congress about a year When you have got to discount losses sition party has filed criminal charges H 212 CONGRESSIONAL RECORD — HOUSE January 11, 1995 against their former president for con- doors of the Federal Reserve and at the and one that is going to grow astro- cealing and manipulating the value of doors of the U.S. Treasury. None of nomically with the devaluation of the the peso, which has now crashed. that is voted on here. It happens peso? What this means, of course, is that through a private set of relationships, These are questions that need to be the average Mexican worker, who has but ultimately they get our taxpayers asked and I really appreciate the fact seen their wages decline rather dra- on the hook. that the gentlewoman has the guts to matically over the last 20 years, will I have felt for a long time that if we stand up here on the floor, because see another 40 or 50 percent decline rel- are going to have requirements for cer- there is a lot of pressure, and you know ative to United States goods. Instead of tain types of budget balancing here in it, for us not to talk out about this. having an average of $1,600 a year in the Congress, we ought to put some ad- Ms. KAPTUR. I appreciate the gen- buying power, that is, if they used all ditional restraints on the Federal Re- tleman’s courage in doing so as well, of their disposable income they could serve and on our own U.S. Treasury De- and I find your statistic on art very in- buy $1,600 worth of our goods, which partment which has all these sets of teresting. was always the fallacy of NAFTA, it special relationships which in the end Because at the same time as we are was never designed to sell goods to hold our taxpayers hostage and they losing jobs to Mexico, and our people’s Mexicans, it was always designed to cannot do anything about it. wages are not going up, art would be get cheap labor in Mexico to ship the It is the same thing as the savings one of the major exports from the Unit- goods here, now those Mexican workers and loan crisis. It is amazing how that ed States to Mexico. In 1991 there were will have total incomes in United stealth bomber got through here. We only two billionaires in Mexico. Today States dollars of $800 or $900 a year. So hardly had any debate. It came there are over two dozen. if they save really hard, they might be through at 2 in the morning. When the At the same time as the average able to buy a pair of running shoes at private sector’s big financial interests Mexican citizen has lost buying power, the end of the year from United States really want something done here, they if they were lucky enough to have $100 manufacturer based in Mexico, but not can certainly achieve it without any in savings in a local institution there, likely. amendments to the Constitution. It it has just been cut to $60. but some- I think this is really key for us to ex- just happens through sleight of hand. body down there, and I have a hunch plain to the American people. Not only Mr. DEFAZIO. I do not want to get who it is, has been purchasing very ex- has this happened, and not only are we too far afoot on the Federal Reserve, pensive items, and I would guess it is now being asked to put up U.S. tax- but I think it would be interesting for those families that traditionally have payer dollars to prop up the peso. people watching to know that now this owned everything in that country and This is the free market? It seems to Congress has subjected itself to all command the wealth and the real polit- me the free market is saying, ‘‘The laws. Yet the one entity now left in ical power inside that nation peso is worthless, let it drop.’’ No, we this country that is exempt from vir- One of the questions we are asking, are going to prop it up with $9 billion tually every law, of conflict of interest, in fact, we are sending a letter today to out of our Federal treasury with no republic disclosure, freedom of informa- the U.S. Treasury Department in the view by the U.S. Congress. Apparently tion, is the Federal Reserve Board. Clinton administration asking them Mexico can just draw on that $9 billion They have these extraordinary powers. about this $18 billion bailout of Mexico. whenever they want. I can call and say, ‘‘Excuse me, I’m Some of the questions I would just like Beyond that what is even more out- elected, I represent the Fourth District to read, because I think the American rageous is the Federal Reserve Board of Oregon, and I understand you are people should be thinking about these which controls the deposits and the taking United States dollars and ship- as well: currency in this country has extended ping them to Mexico to prop up the The first one is that in view of the a secret line of credit to Mexico under peso. I would just like to know what fact that our banks in this country are secret conditions for a secret amount. kind of collateral you got, what the earning historic profits, and they have When my staff contacted the Federal terms of these loans are, and what you been for several months now, why is Reserve, we were just told, ‘‘That’s think the prospects are of repayment our Government’s intervention in the none of your business. We don’t tell and how much money we’re shipping to form of this currency swap and special Members of Congress what we’re Mexico,’’ and the Federal Reserve says Government loans necessary? If the doing.’’ But if a bill comes due, if the to me, ‘‘That’s none of your business, private sector gambles and loses in a Mexican Government declares bank- and we don’t have to tell you. This is country like Mexico, why should those ruptcy or defaults, we will get the bill, national security.’’ losses not be borne by the private sec- the same way we did in the savings and National security? National security tor? Why do we allow these people who loan crisis. when we are now paying to ship our are buying art to get off scot-free and The American people are being jobs to Mexico? That is the bottom line then run right up to the door of our played for suckers here again and this here. We can document that there has treasury and ask the American tax- is what we need to communicate today. been a net job loss through the first payers to back up loans to bail them We are not going to let this keep hap- year of this agreement. That was not out? pening without bringing the light of predicted by the proponents but was Back years ago this happened again day to these secret deals. predicted by us. when the Brady bonds were created, if Ms. KAPTUR. I want to compliment The gentlewoman has demonstrated people have long memories back in the the gentleman for his leadership on it very graphically with the auto- late 1980’s. That debt that was accrued this and for his introduction this week, mobile sector. In fact, autos were the by Latin American nations in those along with several cosponsors includ- No. 3 loser. The No. 1 loser was machin- days, what happened to it? ing myself, of legislation to revoke ery and electric parts, which was going b NAFTA, until we can fix all the major to build things in Mexico that will be 1450 missing pieces that are causing the shipped back here. They are a loser. Well, folks, it is still out there. It is continual job loss in our country and Optical and photo was a big loser, and now in the form of Brady bonds, and in the tremendous instability in Mexico. autos were No. 3. 1990 Mexico had to convert $33 billion In a few weeks, we here in the Con- We had a few winners. Tobacco. We of its debt to Brady bonds, and guess gress are going to be asked to vote on exported more tobacco products to that the interest rate is on those a balanced budget amendment. What is Mexico, we exported more articles of bonds? Forty percent. going to be very interesting about this cork, and the Mexicans bought a lot When Mexico pays or is supposed to whole debate is an issue like this one, more antiques and art from the United be paying off all of these debts, who is when our taxpayers can be held hos- States during the last year. earning the 40 percent? One of the tage through our own U.S. Treasury How many jobs does that produce in questions we are asking the Treasury Department and the Federal Reserve. America versus the deficit we are run- is we would like to know does anybody When the private sector gets in trouble ning in autos and other critical manu- on my street have a right to buy those they receive special treatment at the facturing sectors and a growing deficit 40 percent bonds? January 11, 1995 CONGRESSIONAL RECORD — HOUSE H 213

Mr. DEFAZIO. Would it not be nice if in this case because thousands more Mr. SANDERS. Mr. Speaker, I thank some of these interest earnings, ex- American jobs such as the ones the the gentlewoman very much for her tended with the backing of the U.S. gentlewoman talked about are at risk, leadership over the years. It is a pleas- Government, went to help defray our and now tens of billions of U.S. tax- ure to work with the gentleman from own deficit here in the United States? payer dollars are at risk and ‘‘I told Oregon, PETE DEFAZIO, as well as other Would it not be refreshing if for once you so’’ is not an adequate response. Members of the Congress. I am de- the American taxpayers did not just And that is why we are speaking here lighted to join with my colleagues extend guarantees and send taxpayers’ today and that is also why we will be today in supporting legislation which dollars but in effect they were getting introducing, this week, legislation to would repeal the NAFTA agreement a return? trigger the repeal provisions of that Congress passed last year. I know that is not the case. The 40 NAFTA. There was a 6-month option When Congress passed NAFTA last percent interest is going to private in- out of NAFTA and we are introducing year we were told that this trade vestors, the largest banks in the coun- legislation to say this has worked as agreement would be a step forward for try who are now desperately knocking poorly and as badly and even worse both the economy of the United States at the doors; actually they are inside. than we ever anticipated. It is a loser and the economy of Mexico. We were We are not allowed in, but they are infor the American taxpayers, it is a told that it would be a win-win situa- side saying we would like another $10 loser for the American workers, it is a tion. billion for Mexico. Please send it now loser for the Mexican worker, and a Unfortunately, 1 year later it appears because we are worried out our invest- loser for the environment along the to be a lose-lose agreement. Today up ments and our payments. They are not Mexican border and the United States to 50,000 American workers have lost worried about the American taxpayers. their jobs as a result of NAFTA and border, and it is time to repeal it and Ms. KAPTUR. When we are sending have filed for NAFTA trade-assistance put in place an agreement that will this letter, and I am glad you led me in benefits. The Mexican economy today benefit people on both sides of the bor- to it here, the second question in our is staggering and wages in Mexico are der and help raise standards of living letter to the administration is to what plummeting. Most alarmingly, is in the rather than depress them and bankrupt specific banking and corporate inter- last few weeks the United States the Treasury. ests does Mexico’s first $26 billion in Treasury Department has opened up a I will have to step off the floor but I outstanding obligations that come due $9 billion line of credit in order to will be back because I want to continue this year, in fact $10 billion of that shore up the sinking Mexican peso and comes due in the first quarter of this the discussion. And I believe the gen- they have encouraged United States year, go? Specifically we want to know tleman from Vermont [Mr. SANDERS] commercial banks to lend additional names of institutions and bond holders will step up and take my place. billions of dollars to shore up the peso, largely in this country that Mexico Ms. KAPTUR. Thank you very much, all of which could very well lead to a owes money to. It would be very inter- Congressman DEFAZIO. I think it is im- disaster for the American taxpayer esting to see who they are. portant for the audience to know this who ultimately could be asked to pick Mr. DEFAZIO. Now we are going to is a bipartisan effort. In fact, conserv- up the damage. lend them taxpayer dollars under this ative Republicans, conservative Demo- It seems to me that what NAFTA is line of credit to repay the loans made crats and moderate Democrats, main- about is a continuation of a trade pol- by private interests in this country. line Democrats are all supporting this icy in this country which has been very Ms. KAPTUR. Would it not be great particular effort. unfortunate for the average American if every American who owned a home Today in the Washington Post on worker. mortgage could do the same thing? In page A–13 there is a story that talks Today in this country, and we do not other words, rather than paying their about what is happening in the Mexi- talk about this terribly often, we have mortgage payment next month, all can stock market as a result of the rip- a $150 billion trade deficit. With they have to do is call the Federal Re- pling effects of this devaluation of the NAFTA that deficit is becoming worse. serve, sit around the table, and rather peso, and one of the Mexican bankers I feel that GATT will only accelerate than paying the mortgage payment said, ‘‘This is really a meltdown of cat- that problem. they give them a loan to pay it off. astrophic proportions. So we have the Economists tell us that for every $1 Great concept. United States offering us loans. Even- billion in trade we create some 20,000 Mr. DEFAZIO. And it comes from tually you get yourself another $20 bil- jobs. That means that with $150 billion other taxpayers. lion in debt, and how are you going to trade deficit we are looking at the loss Ms. KAPTUR. That is right. And one pay for it?’’ And that is really the rea- of 3 million jobs. of the issues here, the third question son we are very concerned and why we Second of all, when we look at the we are going to ask of those business have asked for NAFTA to be revoked economy in America today, there are entities incorporated in the United because we would like to know, and we people who say the economy is doing States to which Mexico is indebted, we have asked this question in letters we fine, we are creating new jobs. The would like to know which ones of these are sending to the Treasury, if Mexico point to make is what kind of new jobs business entities hold voting rights at defaults, as nations have had trouble are we creating, what kind of old jobs the district Federal Reserve offices and paying their debts in the past, is it the are we losing? in which regions of the country. I intention of our Treasury Department The new jobs that we are creating would sure like to know how the Mid- to enlarge the assistance? And what are, by and large, low-wage, part-time, west compares to the Northeast and to about the Federal Reserve? We are very temporary jobs that often have no ben- the Northwest and to the South of this concerned that the commercial banks efits at all. The manufacturing jobs we country. It would really be nice to that are involved in these lines of cred- are losing, in agreements like NAFTA, know who has special favors at the it, that in the peso bailout their lines are decent-paying jobs that have good Fed. of credit are uncollateralized. That is benefits. Mr. DEFAZIO. Mr. Speaker, I would how we got into trouble back during b just like for the people who are watch- the last Latin American debt bailout, 1500 ing to know this is not an ‘‘I told you they were uncollateralized loans. Why That process of losing decent-paying so.’’ And we are going to go through are our commercial banks, from what manufacturing jobs and replacing them the list of things we predicted would we have read in the paper, since the with low-wage, part-time, service-in- happen with NAFTA that have come to Fed will not talk to us directly on this, dustry jobs is one of the reasons that pass, including the peso devaluation. why are they being allowed to have the average American worker is seeing But there are a lot of short memories uncollateralized loans? a major decline in his or her standard in Washington, DC, and a short atten- I know the gentleman from Vermont, of living. It seems to me that the bene- tion span in the media when it comes who has been such a leader on this, is ficiaries of the NAFTA agreement, and to these very critical issues. But ‘‘I on the floor, and it is a pleasure to wel- as you will recall, I say to the gentle- told you so’’ is not going to be enough come him on our side. woman from Ohio [Ms. KAPTUR], the H 214 CONGRESSIONAL RECORD — HOUSE January 11, 1995 people who pushed hardest for this workers across this country. Yet we new; you do not understand trade, Con- agreement will be the major multi- know there has been one factory a day gressman RON KLINK. This is going to national corporations in America who closed in this country as a result of work. All of these promises. All of will take our jobs to Mexico where NAFTA. these jobs are going to be created. And they can pay people a dollar an hour, We have a list in our office of thou- you know what, the 160,000 manufac- or today with the devaluation of the sands and thousands of U.S. workers turing jobs that you lost in southwest- peso even less. losing their jobs, 50 jobs here, and in ern Pennsylvania over two decades, Who are we kidding? Why will large Horsham, PA, 40-some workers who that whole thing is going to be re- corporations pay American workers $10 used to make bridal and bridesmaids versed now because we have passed an hour, provide decent benefits, have gowns, at Alfred Angelo Co., in NAFTA, and we are now going into to protect the environment, when they Bennington, VT, your home State. GATT and the trade policies, the gurus can go to Mexico and get the unfortu- Mr. SANDERS. That was the John- who have run trade for our country nate and desperate Mexican workers to son Control factory in Bennington, VT, under Republican Presidents and work for substandard wages, when they and that was a very painful situation, Democratic Presidents, are all right, can go to China and hire people in an very serious loss to our community and and we are all wrong. We will go back authoritarian society at 20 cents an to the hundreds of workers who were and get educated and we will learn hour? affected. later on.’’ I think it is absolutely appropriate The only word I want to add to what It is very painful to me, my fellow that we in Congress demand the repeal you are saying, I say to the gentle- Members who have fought very hard of NAFTA, that we make certain that woman from Ohio [Ms. KAPTUR], as im- against NAFTA with me, to stand here the American taxpayers are not stuck portant as it is to document the loss of today. We do not want to say we told with a billion dollar bill in trying to jobs, there is another process going on you so. We would prefer to be here tak- shore up the peso or protecting Amer- as well, and that is the lowering of ing up another issue, enjoying the pros- ican banks who are lending the Mexi- wages of workers whose jobs remain in perity, having our workers making a can Government money, and I also existence. very livable wage, having them be able think it is very appropriate that we Very clearly when you have a process to have additional free time in the eve- begin to take a fundamental and hard by which jobs are going to Mexico and nings and weekends to be with their look at our entire trade policy, which China, when workers go into their em- families, creating safe and secure com- has worked to benefit large corpora- ployers and say, ‘‘We want a decent munities. But instead what has hap- tions but has worked detrimentally to wage increase,’’ what the employers pened is all of those people who rushed the needs of the average American are saying is, ‘‘Hey, you better take a down to Mexico to make investments worker. So I think that we are doing 10-percent decrease in wages or we can are now asking the people who live in something that is important. take your jobs to Mexico or anyplace our districts to bail out the peso, to I hope that we will gather more and else.’’ So this whole process in putting bail out the investments that they more support from Members of Con- continuous pressure on the decline of have made in Mexico over the past gress to stand up, to repeal NAFTA, real wages in America. That is a very year, because they have lost 40 percent and to reverse our trade policies. important point to keep reaffirming. on their investments. Ms. KAPTUR. I appreciate the gen- Ms. KAPTUR. The gentleman from The peso was being propped up before tleman joining us today, and your lead- Pennsylvania [Mr. KLINK] has joined us the NAFTA agreement. It was being ership on this throughout our country here today, such a strong voice for in- propped up falsely before this NAFTA has just been tremendous, I say to the dustrial and manufacturing America. agreement was ever secured. gentleman from Vermont [Mr. SAND- We are thrilled to have you as a co- Ms. KAPTUR. Just for a second, it ERS], and your people are very lucky to sponsor and welcome you here this interested me at what point the Gov- have you as their Representative, for afternoon. ernment of Mexico decided to devalue sure. I am sure you are as distraught as I yield to the gentleman from Penn- the peso. You know, they have their I am that people like ourselves receive sylvania. Presidential elections in August, so ev- phone calls from the administration, Mr. KLINK. Mr. Speaker, I was very erything was quiet up until August. whether it is this administration or the pleased, sitting back in my office, to Then we had a GATT vote here, and prior administration, anytime we try hear that you have taken this time to that was right after elections. We de- to question when the big interests are have this discussion. layed it. Nothing was said. Nobody able to get special access at the U.S. As a relatively new Member just be- wanted to upset the applecart. Treasury Department or at the Federal ginning my second term, you both Then we had the vote on GATT here Reserve, it is amazing to me how know how hard we all fought and the late in November, and, boom, right quickly the administration responds. message we carried during that year after that, when everything was set So, for example, if it Mattel Corp. or 1993, and we said that these things that and secure, then the decision was made the Big Three or some of the big in- have happened were going to happen. I to devalue the peso, and our Govern- vestment houses stand to lose any- sat on the Banking Committee. We ment knew for a long time this was thing, right away they get invited over knew there were problems with the coming, the officials over at Treasury to the Fed. They get welcomed. In fact, peso. We knew there were problems and the Fed. we were called by the Treasury Depart- with integrating the Mexican banking So it was all orchestrated at the ment very concerned about our saying industry with the United States bank- highest levels, no debate down here, no anything about this whole question of ing industry. Yet all of this was ig- discussion, and now, as you say, our the peso bailout here in Congress nored when NAFTA came to the floor. people have to foot the bill. today. Yet when we tried to call them It passed and became the law of the Mr. KLINK. If the gentlewoman over a year ago and tried to get them land. would yield further, I will say that we interested and get the administration Actually being rather new at this brought up, and I remember all of us interested in workers across this coun- legislative business, I told those people being on the floor during the GATT, try who would lose their jobs, they who live in my district, a very blue-col- that we knew that there were prob- would not even come over and meet lar area around Pittsburgh, I put a lot lems. Now we have got small staffs with us. of my heart, soul, and blood and sweat that deal with trying to solve problems We wanted to put provisions in into my first year here into defeating that our constituents have with the NAFTA to pay the kind of attention something that I felt was very wrong Federal Government. We have legisla- that is being paid to the investment not only for the workers in my district tive staffs that help us to do whatever community to the workers of our coun- but very wrong for the workers across our legislative assignments are on try, and we were given short shrift. In this Nation. That is NAFTA. whatever committees and subcommit- fact, we were not even welcomed into I would very much prefer that I be tees we serve. But we do not have the 1600 Pennsylvania Avenue, those of us wrong. I want to be wrong. I want ability, none of us, as Members of Con- concerned about what is happening to someone to say, ‘‘It is because you are gress, have the ability to be able to January 11, 1995 CONGRESSIONAL RECORD — HOUSE H 215 monitor each and every one of these jumps to the tune of those who have a would like that money to go to retire agreements and each and every piece of lot of money, investors and bankers, our deficit, they would like to see that legislation we vote on. Oh, but that we but when it comes to workers who need money go to feed hungry children, they could. But we know there was a rotten attention, he and she got no attention would like to see that money going to apple in the barrel. We knew something in the body of the agreement. deal with the homeless. was going on, no hearings, mock hear- Mr. DEFAZIO. Further on that point The second point that I want to ings they call it, on GATT, no real is, those 30,000 who have applied, many make on this discussion: After NAFTA hearings. You are right, the Mexican are lost in the Federal redtape. They was passed—and everybody in this elections went by the board. But what have to prove beyond a shadow of a room knows that it was a tight vote, happened unfortunately again was that doubt that they can identify where both parties split and the American immediately after the passage of their jobs moved to in Mexico. I believe people were split right down the mid- NAFTA we saw an uprising in Chiapas the figure is 12,000 have been approved. dle, and we checked—we were con- and, unfortunately, those people from That means that 18,000 are in need of cerned about the nature of the report- Mexico, those scholars and those peo- special assistance. As the gentlewoman ing that we saw during the NAFTA de- ple working on the Mexican side, also points out, out of a few hundred dollars bates and that I am seeing right now. against NAFTA, told us this unrest was a week for people whose jobs moved or We checked through every large news- going to occur. We knew there was were shifted back to Mexico, changed paper in America—the New York going to be a problem in Mexico. by United States policy, and yet at the Times, pro-NAFTA; the Wall Street It did not take a week for bloodshed snap of a finger, the Federal Reserve Journal, pro-NAFTA; Gannett, pro- to begin to occur, and we have seen the can spend billions of dollars with no NAFTA; and so on and so forth; 17 of problem of illegal aliens exacerbated. Federal disclosure and the Treasury the largest papers in America were all My own State of Pennsylvania, No. 1 can pony up a $9 billion line of credit pro-NAFTA. We did not find one that in the Nation with NAFTA trade-ad- somehow, but the workers who are out was anti-NAFTA. justment assistance applications, so it of jobs are still waiting in line at the So I would urge and request that the did not take long for these things to unemployment office, hoping, begging corporate media pay attention to this begin to happen. for a bit of help so they can get re- The gentleman from Oregon is now trained. issue, maybe admit that they were here who has really been one of our Ms. KAPTUR. I yield to the gen- wrong, and start giving some coverage leaders in the anti-NAFTA movement, tleman from Vermont. to the fact that American taxpayers the gentleman from Oregon [Mr. Mr. SANDERS. I think one of the may be on the line for tens of billions DEFAZIO], and who really has authored questions we have to ask ourselves in of dollars in bailing out the Mexican this bill that we are here as proponents this whole debate is who are the forces economy. of today. in America, who are the groups who Mr. DEFAZIO. If the gentleman It is time, I say to the gentleman pushed us into NAFTA? The answer is would yield, I have five daily news- from Oregon [Mr. DEFAZIO], and I virtually, virtually every large multi- papers in my district and an untold thank you for your leadership, it is national corporation. number of weeklies. Every one of those time that we pull off the mask, that we Who are the forces who were opposed five newspapers endorsed NAFTA. stop the charade and say this NAFTA to NAFTA and who raised over a year Now just a little, tiny bit of history. has been a failure, it has been a failure ago many of the same concerns that we I am from Oregon. We are famous for to us as legislators, to the administra- are raising right now? Those were the Willis Hawley. Everyone who has stud- tion, to the American workers, and to groups who represented the American ied economics 101 hears about the dis- the American investors, and even those workers, those were the groups who aster of the Great Depression having corporations who have gone down there represented family farmers, those were been caused by the Hawley-Smoot Tar- thinking they were finding tall, green the groups who were concerned about iff Act was passed 9 months after the grass and found out instead there is the environment. crash of the stock market. So it is hard deep red ink. What about the media? The gen- to say that somehow those tariffs trig- I think deep red ink would be a polite tleman from Oregon [Mr. DEFAZIO] gered the stock market crash or the description of what they are into in made an interesting point, the gentle- Great Depression. But they become a Mexico. woman from Ohio [Ms. KAPTUR] made convenient whipping boy. But what the gentleman said, and I the same point: We are talking about a Now, if anyone raises reasonable con- thought this is something, these issues $9 billion line of credit from the Treas- cerns about our trade agreements, the are so awesome; talk about the Federal ury Department and a line of credit fact that we do not have reciprocity Reserve Board, talk about the secret that we do not know from the Federal with Japan, the fact that we are giving transfers of billions of dollars, the Reserve. Even in Washington, that is a away sovereignty with GATT, or the Treasury extending a line of credit of lot of money. fact of the case of the North American $9 billion of our dollars. A lot of people Now, every day you turn on the tele- Free-Trade Agreement that we are now listening do not know what trade ad- vision and you hear about welfare re- obligated to prop up the Government of justment assistance is. What the gen- form. Well, AFDC, aid to families with Mexico with billions of United States tleman is talking about it that in his dependent children, is $12 billion, a lot taxpayer dollars, you are called a pro- State more people have lost their jobs of money. That is on the front pages tectionist. I do not call that a protec- and are now unemployed and have ap- every day. How much public discussion tionist. plied for a special Federal program set has this untold billions of dollars been We are told that this is a national se- up under this legislation paid for this receiving on the front pages of the curity issue. Yes, it is a national secu- program. So when we passed this, we paper? Money which is not going to rity issue. We are talking about Amer- must have anticipated Americans were poor people in America, money which ican jobs and American taxpayer dol- going to lose their jobs, because we set is not going to the hungry children in lars, and we want to protect our na- up a special program for people who America, money which is going to tional security by revising and rewrit- lost their jobs. shore up the peso and perhaps to pro- ing wholesale this agreement because Mr. KLINK. Absolutely. tect American banks which are invest- it is a loser for the people of this coun- Ms. KAPTUR. It is a $9 billion figure. ing in Mexico. try and for the people of Mexico. They had a few millions of dollars to People in Vermont do not call me up Ms. KAPTUR. Would it not be inter- accommodate American workers. Here and say, ‘‘Bernie, I want to use my tax- esting to have a meeting, and I would now we have a $9 billion bailout that payer dollar to shore up the peso.’’ I do challenge our U.S. Treasury Depart- we are not even aware of. I am sure it not think I have gotten one call on ment and the Federal reserve. If you is more than that when you count the that issue yet. have ever been over to the Federal Re- $5 billion that the Federal Reserve is People are concerned about our defi- serve, they have the largest board putting into that. It is amazing how cit, they do not want to spend billions room meeting table you have ever seen quickly, how quickly our Government of dollars shoring up the peso. They in your life. I do not know where they H 216 CONGRESSIONAL RECORD — HOUSE January 11, 1995 got lumber for it. It is absolutely gi- b 1520 People are working in my State of gantic. On one side of the table we They have not made their investment Vermont 50, 60, 70 hours a week to keep would have all the claimants who want in American workers. They have de- their families afloat. They are paying our taxpayers’ money, right? Would cided to leave us behind, walk offshore, too much in taxes, and now, without that not be great? And then on the wherever the cheapest labor is, and any discussion, we have the Govern- other side we would have the represent- they got caught, and now they want us ment talking about a $9 billion line of atives of every single company that to pay to get their fingers out of the credit, and that is why people are giv- has shut down in this country, and the cookie jar. ing up on the political process. workers that worked in those plants on Ms. KAPTUR. I want to say some- Mr. DEFAZIO. Mr. Speaker, if the the other side of the table; would that thing on that to the gentleman. gentlewoman would yield for just a mo- not be a great meeting over there? As my colleague knows, this talk ment, I would just like to go back to a They would have more fun. about job training for American work- point that came up during the press We would finally get the American ers? I support all kinds of skilling up of conference, and I noticed that the gen- people inside that board room and take the American work force and our kids tlewoman was a bit beleaguered by a them up to the Treasury Department, in school, and vocational programs, reporter from her district who did not with the big room that they have over and after-school programs, and college seem to understand the difference be- there with all the chandeliers. Would it programs. But the point is, if we have tween a net trade balance and shipping not be an interesting meeting of all the got companies taking those jobs some- a few cars to Mexico, and he would 1 bankers, Wall Street investors, the place else, why care how much training point to the representation of 2 ⁄2 cars multinationals, the big banks who we give people? When they are finished going to Mexico and say, ‘‘Well, look, that’s an increase from one and a half want loans and money from our tax- with their education, there is not going cars symbolized there going to Mexico. payers, putting our taxpayers at risk, to be a good-wage job with benefits That means we send another 10,000 cars and then the very people they put out there for them, and I yield to the gen- to Mexico.’’ Unfortunately he was to- of work in the same room? I think it tleman. tally ignoring the other side of the would be one of the most exciting Mr. SANDERS. I can remember on ledger which showed another—I believe meetings in Washington. the floor of this House, in my first term 3 years ago, sometime around 2 it is 200,000 cars coming from Mexico to Mr. KLINK. I think it is an interest- the United States. ing point that both of the gentlemen o’clock in the morning, some $2 billion that some of us had managed to put in So, what this means is the United make with respect to the newspapers States actually entered into a deficit, a and their coverage on this issue. I come the budget in order to feed hungry children and take care of the needs of the trade deficit, with Mexico for the first to this from the standpoint of having time in recent history of $81 million in been in the news media for 24 years as millions of kids in this country who are doing without. It was taken out of October, and that is just the beginning. a reporter myself. I think it is interest- We are going to run trade deficits with ing now, and I made this point at a the budget, my colleagues. We could not afford $2 billion to take care of Mexico. press conference earlier today, now Now I come from Oregon, and every- that these reporters themselves are hungry children in America. Big debate. body says Oregon is a free-trade State, going to be asked to dig into their own What really concerns me is not just and, by gosh, we benefit from trade. pockets and take their tax dollars that that we are putting $9 billion into a Well I met with Dr. Charles McMil- are going to go to Mexico to prop up line of credit from the Treasury De- lan, Ph.D., contributor to the Harvard the peso, maybe all of a sudden there partment, an untold line of credit from Business Review and scholar, a member would be some interest in the fact that the Fed; what really gets me is there is of the Clinton transition team, to talk this NAFTA agreement is not working no debate at all on this issue. about trade issues yesterday. He said, as promised. Now where are all of those people ‘‘Isn’t it interesting?’’ He said, ‘‘In the The other point made just a few mo- who ran for election in November who GATT debate and the NAFTA debate ments ago, again I think I have heard talked about accountability in govern- we heard how every State is running a no one in my time in Congress who has ment, who talked about the $200 billion surplus and benefits from trade, but been a better spokesman on corporate deficit, who talked about the balanced somehow the United States of America welfare than the distinguished gen- budget amendment? Where are they is running a $160 billion trade deficit,’’ tleman from Vermont [Mr. SANDERS]; now? I am listening; I do not hear any- and in fact he recalculated those num- that is exactly what we are talking thing. bers and found out that my home State about. At a time when we have need for I guess that when we talk about of Oregon is a net loser in trade, as is welfare reform, we all agree that the money for hungry children, when we virtually every other State in the system is flawed, we need to make talk about Federal aid to education, af- Union, and for Mr. Clinton’s State, big- some changes to it, but we are talking fordable housing, we cannot afford it. time losses. Thousands of jobs from his about all of the welfare, 1 percent of But when it comes to bailing out cor- State have been shipped overseas in the the Federal budget. Now here we are porate America, when it comes to shor- last year. talking about untold billions of dollars, ing up the peso, not only can we afford Now these are points we have to not only in the corporate welfare that it, there is no debate, no discussion, make because my colleagues will read occurs in this country, but not to go not one word on the floor of the House. the headline. It said, ‘‘Detroit offshore to prop up the peso so that Now our honorable new Speaker, Thrilled.’’ They shipped 10,000 more this frivolous investment, this get- very articulate gentleman, very clear cars to Mexico. It does not say Detroit rich-quick scheme that pursued the about what he believes in; some of us really thrilled, they built 250,000 more signing of the NAFTA agreement, can are eagerly awaiting his words of wis- cars in Mexico and shipped them here be propped up and that they will not dom on this important issue. with dollar-an-hour labor. That is what have to face the consequences that Last point on the issue: the headline should be, but the press their investments have led them to, In this last election 38 percent of the will not run that headline. They only their faulty investments have led American people voted; 62 percent of run the one that comes out of the them. These are the same people you the people did not bother to go to the boardroom. hear, ‘‘You have got to prop these com- polls. Tens of millions of people no Ms. KAPTUR. The gentleman raises panies up because we can’t let those longer believe that they have a voice in such an important point because those people who own stock in those compa- what happens in government, no longer interests in our country, those monied nies be hurt by this, because these are believe that the U.S. Government is interests, only want us to focus on one companies that also provide jobs here here to respond to their needs. They part of the equation, this part, the in the United States.’’ are boycotting American politics and products going from America to Mex- The point of the matter is the reason government, and one can understand ico which are—— they are in trouble is because they why people give up on the political Mr. DEFAZIO. Awful hard from here. have not made their investments there. process. I can hardly see it. January 11, 1995 CONGRESSIONAL RECORD — HOUSE H 217 Ms. KAPTUR. Very, very small—and the rest of the world than all of those They employ all of their workers in they say, ‘‘Wow, we are sending 20,000 problem nations combined. Add them Asia, especially in China and Thailand, cars. We are doing real well. We didn’t up, Brazil, Mexico, everybody else. Our and they pay them nothing. They then send any before.’’ trade debt is greater than every other take those low wage produced goods Of course they are sending them to nation in the world—— and they sell them over here from $29 rental car companies in Cancun and in Ms. KAPTUR. If the gentleman will all the way up, there are some $5.95 Mexico City where Americans can va- yield, I think that is why the Federal figurines. But if you go into your local cation. They never talk about this Reserve has been hiking interest rates toy store, which I did and I turned over number, the 277,000 cars and trucks in this country and taking it out of the every toy that was there, they were all coming the other way. It completely hides of our people, not because infla- produced in China, they were produced obliterates this, and that is why Amer- tion is a major issue in this country, in Thailand. And somebody is making ica’s trade advantage with Mexico has not because our people’s wages are the money off of the out sourcing of been cut in half and, in October, went going up, because in fact they are not production by these big multination- into the red. I say to my colleagues, except for those at the very, very top. als, whether it is Bandai or Mattel, you have to read the fine print so care- But I think that is why the Fed is rais- which is located in our country. And fully. ing interest rates, because they are most young girls do not know that It is just like articles in my own having to monetize the traded goods there is not a single Barbie doll made local newspaper back home when they sector, and we have held these huge in America. Mattel has out sourced all talk about wages and they talk about deficits with the rest of the world. I of its production, and yet the children, the economy in our area. The last para- think with China it will be over $40 bil- these companies look upon our chil- graph at the bottom of the page on the lion more of Chinese goods coming into dren not as children, but as a market, insert says, ‘‘But wages didn’t go up. this country than United States goods as a market. And they buy time on all There is job creation, but there is no going over there this year. With Japan these television shows and all of the wage growth, and the reason is because it will be a similar number. For the rest. And none of our workers are we are cashing out our good jobs with last 15 years we have not had any kind working, yet parents and grandparents good benefits to the low-wage nations of trade balance with Japan. I do not go to the store, they want to buy that of the world that are largely undemo- think we have ever had one in fact. for their child or their grandchild, and cratic in nature whether it’s China, Now with Mexico the advantage we had they pay top dollar, $29 all the way up whether it’s Mexico, whether it’s many is just disappearing overnight. to $200. of the nations that repress their work b Mr. DEFAZIO. If the gentlewoman forces and do not in their laws provide 1530 would yield on that, because this is a for the dignity of work.’’ So I think that is why interest rates point that occasionally a constituent It does not surprise me why our are really going up in this country. brings up with me. And they say look, wages are going down. Mr. SANDERS. The absurdities pile if we didn’t have this free-trade agree- Mr. DEFAZIO. And, if we use the on top of the absurdities. Not only is ment with Mexico, consumers would other interesting statistic, maybe get- everything that you are saying true in suffer. I said wait a minute, do you ting less esoteric here, Treasury has my opinion, but on top of that, we are think that Chrysler, which is building two sets of numbers, and that is for spending tens and tens of billions of a new large Dodge Ram truck plant, a goods exported to Mexico that were dollars to defend Asis against whom I truck that sells for a minimum, I made in the United States, and in the am not exactly sure. think, of $15,000, some of them sell for second is for goods that were trans- Some years ago we were told that it as much as $30,000, I said do you think shipped. was necessary to spend huge amounts Mexicans with their former average We have become a point of entry for of money defending freedom against earnings of $1,700 a year, this week re- European goods that have shipped a the Communist Chinese dictatorship. duced to about $800 or $900, are going to container to New Orleans, and then Well, surprise, surprise. The last I read, be buying many of the Dodge Rams will ship from New Orleans to Mexico the Chinese Communist dictatorship which they build? And they say, well, in order to avoid the customs and tariff still exists. But now they are OK be- no. on European goods, and they add that cause they are, for the first time, and I said, have you noticed that since into our balance of trade. Maybe one have been for a number of years, wel- Chrysler or other United States firms dock worker checks that container for coming tens of billions of dollars of started building these trucks in Mex- 1 or 2 minutes of his or her day, but American corporate investment. So we ico, that the price has come down? Oh, that was the total American contribu- are spending huge amounts of money no. tion to that effort. But that counts as defending somebody in Asia, I am not Have you noticed that the profits part of our exports to Mexico. It is, as exactly sure, against a country which have gone up, but the price has not my colleagues know, it is a trans- now welcomes American corporate income down? shipment. vestment, and in fact many of the cor- Well, now that you say that, yeah, I I mean it is amazing, the lengths to porations like China, because it is very guess I did notice they had their most which our Government has gone to difficult for the Chinese workers to profitable quarter ever. try—and even when they get all done stand up and defend their own rights. I say that is the point. Even if you with that, they still have to show a So the absurdity piles on top of the can argue that we should produce deficit in October, and that was before absurdity. goods overseas because we can exploit we got to the devaluation, and does Ms. KAPTUR. Last week, we had the cheap labor and it will be beneficial to any American believe, or do any of swearing in of Members of Congress, the American consumer, the bottom those muckamucks really believe, that and there was a performance in the line is that does not happen. The prices we can go on, year in, year out, run- afternoon by a group called the Power do not go down. The profits go up. ning a trade deficit with the rest of the Rangers, which is a very popular toy Nike Corp., based in Portland, OR, world of $120, $140, $160 billion, and where they have these animated shows they don’t make anything in America someday the piper will not come due. that they take around the country and anymore. They used to manufacture We are not only exporting those jobs around the world. And most Americans shoes here. this year by running those trade defi- do not realize that that particular toy, Ms. KAPTUR. If the gentleman will cits. Someday someone is going to ask which sold over 300 million dollars’ yield, I read that Nike, it costs them $8 us to cough up those dollars that we worth in our marketplace last year, to make a pair of sneakers in China. are shipping overseas. We have more there is not a single one made in this They have some white collar workers than $1 trillion of Federal debt now. country. up there in Oregon that are marketing From 1917 until 1984 the U.S. Govern- In fact, the Power Rangers is owned people, just like the Bandai Corp., in ment was the largest creditor in the by Bandai Corp., which is a Tokyo- Tokyo with Power Rangers. It costs world, and now we are the largest debt- based company. They employ about 700 them $8 because they pay their workers or in the world. We owe more money to people in Tokyo only in marketing. 10 cents an hour in places that you and H 218 CONGRESSIONAL RECORD — HOUSE January 11, 1995

I have never been in China. The Amer- b 1540 Mr. FOGLIETTA in two instances. ican public doesn’t see it. They ship ELECTION OF MEMBERS TO Mr. SCHUMER. the shoes over here, and we are charged COMMITTEE ON RULES (The following Members (at the re- $66.99 all the way up to $150, but they quest of Mr. MCINTOSH) and to include pay Charles Barkley $20 million to Mr. KLINK. Mr. Speaker, I offer a extraneous material:) privileged resolution (H. Res. 34) and make us all feel good through advertis- Mr. CHAMBLISS. ask for its immediate consideration. ing when we buy those shoes. And there Mr. SOLOMON. are very few shoe manufacturing com- The Clerk read the resolution, as fol- Mr. BURTON of Indiana. panies, most of those were located in lows: Mr. PACKARD. Congressman SANDERS’ region of the H. RES. 34 Mrs. VUCANOVICH. country, very few shoe manufacturing Resolved, That the following named Mem- companies left in this country. bers be and they are hereby elected to the Mr. COLLINS of Georgia. So our people are really being put following standing committee of the House Mr. HOKE. over a barrel. And you are right, prices of Representatives: Mr. WOLF. do not go down, but corporate profits COMMITTEE ON RULES Mr. LAZIO of New York. go up. Prices go up and our wages are Mr. Moakley, Ranking Minority Member; Mr. NEY. coming down. And there are some pret- Mr. Beilenson; Mr. BILIRAKIS. Mr. Frost; ty significant reasons for it. Mr. WALSH in two instances. Mr. Hall of Ohio. Mr. KLINK. If the gentlewoman will (The following Members (at the re- yield, I had the distinct honor last year f quest of Ms. KAPTUR) and to include ex- to chair a hearing in Wilkes-Barre, PA, SPECIAL ORDERS GRANTED traneous material:) it was a company by the name of Leslie Mr. QUINN. By unanimous consent, permission to Fay. This gets us back to NAFTA. Be- Mr. GILMAN in two instances. address the House, following the legis- cause you understand at the time when Mr. MCCOLLUM. lative program and any special orders we are being asked to prop up the peso, Mr. KIM. heretofore entered, was granted to: the administration and others are tak- Mr. ORTON in two instances. ing a look at how can we expand this (The following Members (at the re- Mr. CARDIN. NAFTA agreement to Central America quest of Mr. BALDACCI) to revise and Mrs. MALONEY. and to South America. extend their remarks and include ex- Ms. KAPTUR. This hearing was because the Leslie traneous material:) Fay Company wanted to pull out thou- Mr. DEFAZIO, for 5 minutes, today. Mr. MCCOLLUM. sands of jobs from Wilkes-Barre, gar- Ms. VELA´ ZQUEZ, for 5 minutes, today. Mr. LIPINSKI. ment workers, and they wanted to take Ms. JACKSON-LEE, for 5 minutes, Mr. GEPHARDT. these jobs down to Central America. today. Mr. FORBES. And we had two blouses there. One was (The following Members (at the re- Mrs. JOHNSON of Connecticut. made in Central America, and it was a quest of Mr. MCINTOSH) to revise and Mr. HOKE. $50 blouse, and the workers were paid extend their remarks and include ex- Mr. GALLEGLY. 35 cents an hour. The other one was traneous material:) Mr. SHUSTER. made by Leslie Fay workers in Wilkes- Mr. MCINTOSH, for 5 minutes, today, Mr. DUNCAN. Barre, PA, and it costs $48, and the and on January 13. Mr. FRANK of Massachusetts. workers were paid over mininum wage Mr. MCINNIS, for 5 minutes, today. Ms. ESHOO. for certain. So there is no savings on Mr. BEREUTER, for 5 minutes, today. Mr. UPTON. this. Mr. KIM, for 5 minutes, today. Mr. FILNER. Mr. DREIER, for 5 minutes, today. Ms. KAPTUR. I believe that our time Mr. STARK. has expired. I just wanted to thank the f gentleman here, the gentleman from f Vermont [Mr. SANDERS], the gentleman EXTENSION OF REMARKS from Pennsylvania [Mr. KLINK], and By unanimous consent, permission to ADJOURNMENT the gentleman from Oregon [Mr. revise and extend remarks was granted Mr. KLINK. Mr. Speaker, I move that DEFAZIO], for their leadership in speak- to: the House do now adjourn. ing for up for the people of the United (The following Members (at the re- The motion was agreed to; accord- States, the people of the continent, and quest of Mr. BALDACCI) and to include ingly (at 3 o’clock and 40 minutes the people of the world, not just those extraneous material:) p.m.), under its previous order, the investors in large multinational cor- Mr. TRAFICANT in six instances. House adjourned until Friday, January porations who have access to the media Mr. LEVIN in two instances. 13, 1995, at 10 a.m. and to our own financial centers. Ms. VELA´ ZQUEZ. h

EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports and amended reports of various House committees concerning the foreign currencies and U.S. dollars utilized by them during the first, second, third and fourth quarters of 1994 in connection with official foreign travel, as well as the consolidated report of Speaker authorized foreign travel for the third quarter 1994, pursuant to Public Law 95–384, and 1994 reports of various miscellaneous groups, are as follows:

AMENDED REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, PERMANENT SELECT COMMITTEE ON INTELIGENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 1994

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Julian Dixon ...... 5/27 5/31 Caribbean area ...... Hon. Bill Richardson ...... 5/27 5/31 Caribbean area ...... Calvin Humphrey ...... 5/27 5/31 Caribbean area ...... Total ...... 964.00 ...... 964.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DAN GLICKMAN, Chairman, Oct. 17, 1994. January 11, 1995 CONGRESSIONAL RECORD — HOUSE H 219 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SMALL BUSINESS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1994

Hon. Ron Wyden ...... 1/31 2/1 Japan ...... 393.00 ...... 1,176.95 ...... 1,569.95 Hon. Bill Sarpalius ...... 1/12 1/15 Russia ...... 950.00 ...... 1,784.95 ...... 2,734.95 Christropher Mattson ...... 1/12 1/15 Russia ...... 950.00 ...... 1,784.95 ...... 2,734.95 Hon. John LaFalce ...... 1/11 1/13 Mexico ...... 213.00 ...... 675.45 ...... 888.45 Marilyn Seiber ...... 1/11 1/13 Mexico ...... 213.00 ...... 450.45 ...... 663.45 Steve Jenning ...... 12/26 1/6 England ...... 3 138.00 ...... 520.45 ...... 658.45 Hon. John LaFalce ...... 3/30 4/1 England ...... 552.00 ...... 552.00 Committee total ...... 3,409.00 ...... 6,393.20 ...... 9,802.20 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Reflects actual expenses. JOHN LaFALACE, Chairman.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON THE JUDICIARY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 1994

Hon. William J. Hughes ...... 5/27 5/29 Sweden ...... 482.00 ...... 482.00 5/29 5/31 Finland ...... 352.00 ...... 352.00 5/31 6/2 Russia ...... 600.00 ...... 600.00 6/2 6/4 France ...... 580.00 ...... 1,721.10 ...... 2,301.10 6/4 6/7 Greece ...... 639.00 ...... 639.00 Military air transportation 3 ...... Hayden Gregory ...... 5/27 5/29 Sweden ...... 482.00 ...... 482.00 5/29 5/31 Finland ...... 352.00 ...... 352.00 5/31 6/2 Russia ...... 600.00 ...... 600.00 6/2 6/4 France ...... 580.00 ...... 1,721.10 ...... 2,301.10 6/4 6/7 Greece ...... 639.00 ...... 639.00 Military air transportation 3 ...... William Patry 4 ...... 6/2 6/4 France ...... 580.00 ...... 580.00 Committee total ...... 5,886.00 ...... 3,442.20 ...... 9,328.20 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Will be reported by the Committee on Armed Services. 4 No transportation expenses. JACK BROOKS, Chairman, Oct. 18, 1994.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON MERCHANT MARINE AND FISHERIES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 1994

Joan M. Bondareff ...... 4/8 4/11 Panama ...... 414.00 ...... (3) ...... 414.00 Douglas J. Cheramie III ...... 4/8 4/11 Panama ...... 414.00 ...... 4 552.95 ...... 966.95 Gene Green, M.C...... 4/8 4/11 Panama ...... 414.00 ...... 414.00 George Hochbrueckner, M.C...... 4/8 4/11 Panama ...... 414.00 ...... 414.00 Sheila Clarke McCready ...... 5/27 5/29 Sweden ...... 3,750.50 482.00 ...... (3) ...... 5/29 5/31 Finland ...... 1,900.80 352.00 ...... 5/31 6/4 Russia ...... 1,250.00 ...... 6/4 6/7 Greece ...... 157,450 639.00 ...... 2,723.00 Richard M. Russell ...... 5/27 5/29 Sweden ...... 3,750.50 482.00 ...... (3) ...... 5/29 5/31 Finland ...... 1,900.80 352.00 ...... 5/31 6/4 Russia ...... 1,250.00 ...... 6/4 6/7 Greece ...... 157,450 639.00 ...... 2,723.00 Karen L. Steuer ...... 6/22 6/24 France ...... 4,767.60 870.00 ...... 4 659.95 ...... 1,529.95 Billy Tauzin, M.C...... 4/8 4/11 Panama ...... 414.00 ...... (3) ...... 414.00 Robert L. Wharton ...... 5/27 5/29 Sweden ...... 3,750.50 482.00 ...... (3) ...... 5/29 5/31 Finland ...... 1,900.80 352.00 ...... 5/31 6/4 Russia ...... 1,250.00 ...... 6/4 6/7 Greece ...... 157,450 639.00 ...... 2,723.00 Cynthia M. Wilkinson ...... 4/8 4/11 Panama ...... 414.00 ...... (3) ...... 414.00 Committee total ...... 12,323.00 ...... 2,086.05 ...... 14,409.05 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Transportation provided by Department of Defense. 4 Commercial airfare. GERRY E. STUDDS, Chairman, Aug. 26, 1994.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1994

Joan T. Rose ...... 8/22 8/25 Korea ...... 785.00 ...... 785.00 8/25 8/29 Thailand ...... 638.99 ...... 638.99 Military air transportation ...... H 220 CONGRESSIONAL RECORD — HOUSE January 11, 1995 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1994— Continued

Commercial airfare ...... 3,304.95 ...... 3,304.95 Committee total ...... 1,423.99 ...... 3,304.95 ...... 4,728.94 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. E de la GARZA, Chairman, Oct. 31, 1994.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1994

Visit to Germany, Bulgaria, Austria, and Hungary, July 1– 11, 1994: Hon. Earl Hutto ...... 7/1 7/5 Germany ...... 1,000.00 ...... 1,000.00 7/5 7/7 Bulgaria ...... 516.00 ...... 516.00 7/7 7/8 Austria ...... 240.00 ...... 240.00 7/8 7/11 Hungary ...... 657.00 ...... 657.00 Commercial airfare ...... 1,003.05 ...... 1,003.05 Mr. Peter M. Steffes ...... 7/1 7/5 Germany ...... 1,000.00 ...... 1,000.00 7/5 7/7 Bulgaria ...... 516.00 ...... 516.00 7/7 7/8 Austria ...... 240.00 ...... 240.00 7/8 7/11 Hungary ...... 657.00 ...... 657.00 Commercial airfare ...... 1,003.05 ...... 1,003.05 Visit to Cuba and Jamaica, July 3–4, 1994: Ms. Hazel Ross-Robinson ...... 7/3 7/3 Cuba ...... 0.00 ...... 0.00 7/3 7/4 Jamaica ...... 148.31 ...... 148.31 Visit to Russia, July 4–10, 1994: Hon. Glen Browder ...... 7/4 7/10 Russia ...... 2,000.00 ...... 2,000.00 Commercial airfare ...... 3,424,95 ...... 3,424,95 Mr. Stephen O. Rossetti ...... 7/4 7/10 Russia ...... 2,000.00 ...... 2,000.00 Commercial airfare ...... 3,424.95 ...... 3,424.95 Mr. Paul F. Walker ...... 7/4 7/10 Russia ...... 2,000.00 ...... 2,000.00 Commercial airfare ...... 3,424.95 ...... 3,424.95 Visit to Korea, Thailand, and Republic of China, August 22–31, 1994: Hon. Marilyn Lloyd ...... 8/22 8/25 Korea ...... 785.00 ...... 785.00 8/25 8/28 Thailand ...... 639.00 ...... 639.00 8/28 8/31 Republic of China ...... 777.00 ...... 777.00 Commercial airfare ...... 2,514.38 ...... 2,514.38 Hon. Floyd Spence ...... 8/22 8/25 Korea ...... 785.00 ...... 785.00 8/25 8/28 Thailand ...... 639.00 ...... 639.00 8/28 8/29 Republic of China ...... 259.00 ...... 259.00 Commercial airfare ...... 2,148.00 ...... 2,148.00 Hon. Solomon P. Ortiz ...... 8/22 8/25 Korea ...... 785.00 ...... 785.00 8/25 8/28 Thailand ...... 639.00 ...... 639.00 8/28 8/31 Republic of China ...... 777.00 ...... 777.00 Commercial airfare ...... 2,527.00 ...... 2,527.00 Mr. Peter M. Steffes ...... 8/22 8/25 Korea ...... 785.00 ...... 785.00 8/25 8/28 Thailand ...... 639.00 ...... 639.00 8/28 8/31 Republic of China ...... 777.00 ...... 777.00 Commercial airfare ...... 1,524.54 ...... 1,524.54 Mr. Andre K. Ellis ...... 8/22 8/25 Korea ...... 785.00 ...... 785.00 8/25 8/28 Thailand ...... 639.00 ...... 639.00 8/28 8/31 Republic of China ...... 777.00 ...... 777.00 Commercial airfare ...... 1,524.54 ...... 1,524.54 Ms. Cathleen D. Garman ...... 8/22 8/25 Korea ...... 785.00 ...... 785.00 8/25 8/28 Thailand ...... 639.00 ...... 639.00 8/28 8/31 Republic of China ...... 777.00 ...... 777.00 Commercial airfare ...... 1,524.54 ...... 1,524.54 Delegation expenses ...... 8/25 8/28 Thailand ...... 1,120.08 ...... 3,153.28 ...... 4 273.36 Visit to Germany, August 22–26, 1994: Archie D. Barrett ...... 8/23 8/26 Germany ...... 599.00 ...... 599.00 Committee total ...... 24,261.31 ...... 25,164.03 ...... 3,153.28 ...... 52,578.62 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. RONALD V. DELLUMS, Chairman, Oct. 28, 1994.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON EDUCATION AND LABOR, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1994

Ron DeLugo ...... 8/22 8/25 Germany ...... 1,878.39 1,215.00 (3) ...... Gene Green ...... 8/22 8/25 Germany ...... 1,878.39 1,215.00 (3) ...... Ron DeLugo ...... 8/25 8/30 England ...... 910.85 1,415.00 (3) ...... Gene Green ...... 8/25 8/29 England ...... 728.67 1,132.00 (3) ...... Committee total ...... 4,977.00 ...... 4,977.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. WILLIAM D. FORD, Chairman, Oct. 24, 1994. January 11, 1995 CONGRESSIONAL RECORD — HOUSE H 221 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ENERGY AND COMMERCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1994

David Leach ...... 7/19 7/24 Russia ...... 1,600.00 ...... 3,013.55 ...... 4,613.55 Gerald Waldron ...... 7/19 7/24 Russia ...... 1,600.00 ...... 3,013.55 ...... 4,613.55 Catherine Reid ...... 7/19 7/24 Russia ...... 1,600.00 ...... 3,013.55 ...... 4,613.55 Michael Regan ...... 7/19 7/24 Russia ...... 1,600.00 ...... 3,013.55 ...... 4,613.55 Douglas Bennett ...... 6/28 7/1 Switzerland ...... 995.98 ...... 3,114.95 ...... 4,110.93 David Finnegan ...... 8/28 9/1 Switzerland ...... 1,335.00 ...... 2,100.15 ...... 3,435.15 Catherine Van Way ...... 8/28 9/1 Switzerland ...... 1,335.00 ...... 2,100.15 ...... 3,435.15 Al Swift, M.C...... 8/27 8/31 Germany ...... 944.00 ...... 944.00 8/31 9/3 Italy ...... 873.00 ...... 873.00 9/3 9/5 Spain ...... 488.00 ...... 488.00 Billy Tauzin, M.C...... 8/27 8/31 Germany ...... 944.00 ...... 944.00 8/31 9/3 Italy ...... 873.00 ...... 873.00 9/3 9/5 Spain ...... 488.00 ...... 488.00 Mike Oxley, M.C...... 8/27 8/31 Germany ...... 944.00 ...... 944.00 8/31 9/3 Italy ...... 873.00 ...... 873.00 9/3 9/5 Spain ...... 488.00 ...... 488.00 Arthur Endress ...... 8/27 8/31 Germany ...... 944.00 ...... 944.00 8/31 9/3 Italy ...... 873.00 ...... 873.00 9/3 9/5 Spain ...... 488.00 ...... 488.00 Committee total ...... 19,285.98 ...... 19,369.45 ...... 38,655.43 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JOHN D. DINGELL, Chairman, Oct. 26, 1994.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON FOREIGN AFFAIRS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1994

Hon. G. Ackerman ...... 8/8 8/10 Cuba ...... 3 200.00 ...... 2,065.00 ...... 2,265.00 P. Berkowitz ...... 8/31 9/4 Thailand/Bangkok ...... 1,065.00 ...... 60.50 ...... 1,125.50 9/4 9/6 Thailand/Udorn ...... 131.00 ...... 131.00 9/6 9/7 Laos/Vietiene ...... 3 142.00 ...... 142.00 9/7 9/9 Thailand/Bangkok ...... 426.00 ...... 426.00 Commercial airfare ...... 3,698.95 ...... 3,698.95 Hon. H. Berman ...... 7/1 7/5 France ...... 1,160.00 ...... 186.31 ...... 477.26 ...... 1,823.57 7/5 7/7 Hungary ...... 438.00 ...... 438.00 7/7 7/11 Czechoslovakia ...... 1,120.00 ...... 1,120.00 Military air transportation ...... E. Broitman ...... 8/20 8/30 Indonesia ...... 450.00 ...... 450.00 8/30 9/5 Thailand ...... 1,638.00 ...... 60.50 ...... 1,698.50 9/9 9/10 9/6 9/9 Laos ...... 426.00 ...... 426.00 Commercial airfare ...... 5,698.95 ...... 5,698.95 G. Cannon ...... 7/1 7/5 France ...... 1,160.00 ...... 186.31 ...... 477.26 ...... 1,823.57 7/5 7/7 Hungary ...... 438.00 ...... 438.00 7/7 7/11 Czechoslovakia ...... 1,120.00 ...... 1,120.00 Military air transportation ...... 8/21 8/15 United Kingdom ...... 333.00 ...... 333.00 8/15 8/21 Israel ...... 876.00 ...... 876.00 Commercial airfare ...... 5,444.95 ...... 5,444.95 10/2 10/9 Japan ...... 2,600.00 ...... 2,600.00 Commercial airfare ...... 3,891.95 ...... 3,891.95 N. Carman ...... 8/28 9/4 Switzerland ...... 3 1,620.60 ...... 1,612.60 Commercial airfare ...... 2,063.05 ...... 2,063.05 F.M. Chambers ...... 8/28 9/2 El Salvador ...... 905.00 ...... 905.00 Commercial airfare ...... 867.95 ...... 867.95 9/15 9/18 Belgium ...... 93.00 ...... 93.00 Commercial airfare ...... 2,360.25 ...... 2,360.25 Hon. P. Deutsch ...... 7/3 7/3 Cuba ...... (4) ...... 7/3 7/3 Jamaica ...... (4) ...... Commercial airfare ...... 226.95 ...... 226.95 C. Doherty ...... 7/5 7/9 Austria ...... 3 864.00 ...... 864.00 Military air transportation ...... M. Ennis ...... 8/28 9/2 El Salvador ...... 905.00 ...... 905.00 Commercial airfare ...... 867.95 ...... 867.95 Hon. E. Faleomavaega ...... 7/1 7/11 China ...... 2,049.00 ...... 2,049.00 Commercial airfare ...... 3,805.95 ...... 3,805.95 M. Gage ...... 7/5 7/8 Austria ...... 3 598.00 ...... 598.00 7/8 7/12 Yugoslavia ...... 3 789.00 ...... 789.00 7/12 7/13 Hungary ...... 3 182.00 ...... 182.00 Military transportation one-way ...... Commercial transportation one-way ...... 983.00 ...... 983.00 R. Garon ...... 8/28 8/30 Burundi ...... 142.00 ...... 142.00 Military air transportation ...... B. Gordon ...... 7/1 7/5 France ...... 1,160.00 ...... 186.31 ...... 477.26 ...... 1,823.57 7/5 7/7 Hungary ...... 438.00 ...... 438.00 7/7 7/11 Czech Republic ...... 1,120.00 ...... 1,120.00 Military air transportation ...... 8/11 8/15 France ...... 1,204.00 ...... 1,204.00 8/15 9/6 Israel ...... 1,460.00 ...... 1,460.00 Commercial airfare ...... 1,378.15 ...... 1,378.15 D. Gordon ...... 8/13 8/19 Ethopia ...... 1,130.00 ...... 1,130.00 8/19 8/23 Kenya ...... 856.00 ...... 856.00 8/23 8/29 South Africa ...... 1,215.00 ...... 1,215.00 8/29 9/1 Mozambique ...... 840.00 ...... 840.00 Commercial airfare ...... 6,095.95 ...... 6,095.95 K. Grant ...... 8/13 8/19 Ethopia ...... 3 800.00 ...... 800.00 8/19 8/23 Kenya ...... 3 725.00 ...... 725.00 8/23 8/29 South Africa ...... 3 915.00 ...... 915.00 8/29 9/1 Mozambique ...... 3 700.00 ...... 700.00 9/1 9/2 South Africa ...... 3 140.00 ...... 140.00 9/2 9/3 Kenya ...... 3 180.00 ...... 180.00 9/3 9/7 Egypt ...... 3 893.00 ...... 893.00 Commercial airfare ...... 6,299.95 ...... 6,299.95 9/25 9/29 Czech Republic ...... 3 900.00 ...... 900.00 Commercial airfare ...... 1,518.85 ...... 1,518.85 H 222 CONGRESSIONAL RECORD — HOUSE January 11, 1995 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON FOREIGN AFFAIRS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1994— Continued

A. Griffin ...... 8/28 8/30 Burundi ...... 142.00 ...... 142.00 Military air transportation ...... 8/30 8/30 ...... 353.00 ...... 96.47 ...... 449.47 8/31 9/3 Egypt ...... 600.00 ...... 600.00 Commercial airfare ...... 2,151.00 ...... 2,151.00 Hon. A. Hastings ...... 7/1 7/5 France ...... 1,160.00 ...... 186.31 ...... 477.26 ...... 1,823.57 7/5 7/7 Hungary ...... 438.00 ...... 438.00 7/7 7/11 Czech Republic ...... 1,120.00 ...... 1,120.00 Military air transportation ...... T. Hirsch ...... 8/11 8/15 France ...... 1,120.00 ...... 1,120.00 8/15 8/29 Israel ...... 1,022.00 ...... 1,022.00 Commercial airfare ...... 1,420.15 ...... 1,420.15 G. Ingram ...... 8/13 8/19 Ethiopia ...... 542.00 ...... 542.00 8/19 8/30 Kenya ...... 1,070.00 ...... 1,070.00 8/30 8/30 Ethiopia ...... Commercial airfare ...... 5,258.25 ...... 5,258.25 B. Jenkins ...... 7/1 7/5 France ...... 1,160.00 ...... 186.31 ...... 477.26 ...... 1,823.57 7/5 7/7 Hungary ...... 438.00 ...... 438.00 7/7 7/11 Czech Republic ...... 1,120.00 ...... 1,120.00 Military air transportation ...... G. Kapen ...... 8/18 8/23 Kenya ...... 1,070.00 ...... 1,070.00 8/23 8/29 South Africa ...... 1,215.00 ...... 1,215.00 8/29 9/1 Mozambique ...... 840.00 ...... 840.00 Commercial airfare ...... 6,202.95 ...... 6,202.95 C. Kupchan ...... 8/21 8/29 South Africa ...... 3 1,310.00 ...... 1,310.00 8/29 9/1 Mozambique ...... 800.00 ...... 800.00 Commercial airfare ...... 5,867.75 ...... 5,867.75 Hon. R. Menendez ...... 7/1 7/5 France ...... 1,160.00 ...... 186.31 ...... 477.26 ...... 1,823.57 7/5 7/7 Hungary ...... 438.00 ...... 438.00 7/7 7/11 Czech Republic ...... 1,120.00 ...... 1,120.00 Military air transportation ...... K. Moazed ...... 8/13 8/19 Ethiopia ...... 1,130.00 ...... 1,130.00 8/19 7/22 Kenya ...... 428.00 ...... 428.00 Commercial airfare ...... 4,382.00 ...... 4,382.00 A. Pandya ...... 9/9 9/19 Hong Kong ...... 3,640.00 ...... 3,640.00 Commercial airfare ...... 3,537.95 ...... 3,537.95 Hon. D. Payne ...... 8/28 8/30 Burundi ...... 142.00 ...... 142.00 Military air transportation ...... B. Poisson ...... 8/20 8/30 Indonesia ...... 450.00 ...... 450.00 8/30 9/5 Thailand ...... 1,638.00 ...... 60.50 ...... 1,698.50 9/9 9/10 9/6 9/9 Laos ...... 426.00 ...... 426.00 Commercial airfare ...... 5,698.95 ...... 5,698.95 D. Restrepo ...... 8/28 9/2 El Salvador ...... 905.00 ...... 905.00 Commercial airfare ...... 867.95 ...... 876.95 D. Shapiro ...... 8/15 8/20 Israel ...... 876.00 ...... 876.00 Commercial airfare ...... 2,386.15 ...... 2,386.15 M. Sletzinger ...... 7/5 7/8 Austria ...... 648.00 ...... 648.00 7/8 7/12 Yugoslavia ...... 864.00 ...... 864.00 7/12 7/13 Hungary ...... 215.00 ...... 215.00 Military transportation, one-way ...... Commercial transportation, one-way ...... 983.00 ...... 983.00 Hon. C. Smith ...... 7/22 7/24 Peru ...... 522.00 ...... 522.00 Commercial airfare ...... 2,740.95 ...... 2,740.95 Committee totals ...... $6,544.00 ...... $12,677.00 ...... $60.50 ...... $19,281.50 D. Taft ...... 7/22 7/24 Peru ...... 522.00 ...... 522.00 Commercial airfare ...... 2,430.95 ...... 2,430.95 R. Wilson ...... 8/8 8/10 Cuba ...... 3 200.00 ...... 1,486.00 ...... 1,686.00 Grant total for the 3rd quarter ...... 155,323.79

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Represents refunds of unused per diem. 4 A few hours. LEE H. HAMILTON, Chairman, Oct. 28, 1994.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON THE JUDICIARY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1994

Hon. William J. Hughes ...... 8/22 8/25 Korea ...... 785.00 ...... 785.00 8/25 8/28 Thailand ...... 639.00 ...... 639.00 8/28 8/31 Republic of China ...... 777.00 ...... 777.00 Commercial airfare ...... 2,514.38 ...... 2,514.38 Military air transportation 3 ...... Committee total ...... 2,201.00 ...... 2,514.38 ...... 4,715.38 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Will be reported by the Committee on Armed Forces. JACK BROOKS, Chairman, Nov. 29, 1994.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON MERCHANT MARINE AND FISHERIES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1994

Shelia Clarke McCready ...... 7/9 7/12 Germany ...... 3 800.00 ...... 4 873.15 ...... 1,673.15 January 11, 1995 CONGRESSIONAL RECORD — HOUSE H 223 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON MERCHANT MARINE AND FISHERIES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1994—Continued

Fred Zeytoonjian, Jr ...... 9/10 9/18 Norway ...... 3 1,000.00 ...... 4 1,261.65 ...... 5 500.00 ...... 2,761.64 Committee total ...... 2,134.80 ...... 500.00 ...... 4,434.80 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Cash advance issued by U.S. Department of State. 4 Commercial airfare. 5 Cash advance for registration fee. GERRY E. STUDDS, Chairman, Dec. 27, 1994.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON POST OFFICE AND CIVIL SERVICE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1994

William Clay ...... 8/22 8/25 Germany ...... 1,878.39 1,215.00 (3) ...... 1,215.00 Melvin Watt ...... 8/22 8/25 Germany ...... 1,878.39 1,215.00 (3) ...... 1,215.00 Alcee Hastings ...... 8/22 8/25 Germany ...... 1,878.39 1,215.00 (3) ...... 1,215.00 Gail E. Weiss ...... 8/22 8/25 Germany ...... 1,878.39 1,215.00 (3) ...... 1,215.00 Doris Moore-Glenn ...... 8/22 8/25 Germany ...... 1,878.39 1,215.00 (3) ...... 1,215.00 Laura Geer ...... 8/22 8/25 Germany ...... 1,878.39 1,215.00 (3) ...... 1,215.00 William Clay ...... 8/25 8/30 England ...... 910.85 1,415.00 (3) ...... 1,415.00 Melvin Watt ...... 8/25 8/30 England ...... 910.85 1,415.00 (3) ...... 1,415.00 Alcee Hastings ...... 8/25 8/30 England ...... 910.85 1,415.00 (3) ...... 1,415.00 Gail E. Weiss ...... 8/25 8/30 England ...... 910.85 1,415.00 (3) ...... 1,415.00 Doris Moore-Glenn ...... 8/25 8/30 England ...... 910.85 1,415.00 (3) ...... 1,415.00 Laura Geer ...... 8/25 8/30 England ...... 910.85 1,415.00 (3) ...... 1,415.00 Committee total ...... 15,780.00 ...... 15,780.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivlent; if U.S. currency is used, enter amount expended. 3 Military air transportation. WILLIAM L. CLAY, Chairman, Oct. 18, 1994.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON RULES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1994

Hon. Butler Derrick ...... 7/1 7/5 France ...... 1,160.00 ...... 1,160.00 7/5 7/7 Hungary ...... 438.00 ...... 438.00 7/7 7/11 Czech. Republic ...... 1,120.00 ...... 1,120.00 Military aircraft ...... Hon. Butler Derrick ...... 8/22 8/25 Korea ...... 785.00 ...... 785.00 8/25 8/28 Thailand ...... 639.00 ...... 639.00 8/28 8/31 Repubic of China ...... 777.00 ...... 777.00 Commercial airfare ...... 2,514.38 ...... 2,514.38 Committee total ...... 4,919.00 ...... 2,514.38 ...... 7,433.38 1 Per diem constitutes lodging and meals. 2 If foreign currently is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JOE MOAKLEY, Chairman, Oct. 5, 1994.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1994

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Arrival Departure rency or U.S. rency or U.S. rency or U.S. rency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Anna Eshoo ...... 7/1 7/5 France ...... 1,160.00 ...... 1,160.00 7/5 7/7 Hungary ...... 438.00 ...... 438.00 7/7 7/11 Czech Republic ...... 1,120.00 ...... 1,120.00 Katherine Van Sickle ...... 6/30 7/7 France ...... 1,353.00 ...... 168.81 ...... 1,521.81 Commercial airfare ...... 1,307.15 ...... 1,307.15 Michael Quear ...... 7/6 7/9 France ...... 4,756.68 876.00 ...... 876.00 Commercial airfare ...... 1,248.15 ...... 1,248.15 Committee total ...... 4,947.00 ...... 2,555.30 ...... 168.81 ...... 7,671.11 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. GEORGE E. BROWN, JR., Chairman, Oct. 18, 1994. H 224 CONGRESSIONAL RECORD — HOUSE January 11, 1995 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON WAYS AND MEANS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1994

Hon. Mike Kopetski ...... 9/13 9/18 France ...... 7,931.35 1,505.00 ...... 1,505.00 Committee total ...... 1,505.00 ...... 1,505.00 SAM M. GIBBONS, Chairman, Oct. 3, 1994. 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMISSION ON SECURITY AND COOPERATION IN EUROPE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1994

Hon. Frank McCloskey ...... 7/6 United States ...... 1,889.25 ...... 1,889.25 7/7 7/11 Croatia ...... 679.00 ...... 679.00 Committee total ...... 679.00 ...... 1,889.25 ...... 2,568.25 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. STENY HOYER, Chairman, Oct. 28, 1994.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, PERMANENT SELECT COMMITTEE ON INTELLIGENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1994

Hon. Bill Richardson ...... 7/16 7/19 Caribbean area ...... 371.00 ...... 371.00 Calvin Humphrey, staff ...... 7/16 7/19 Caribbean area ...... 371.00 ...... 371.00 Louis Dupart ...... 9/6 9/10 North America ...... 900.00 ...... 589.45 ...... 1,489.45 Committee total ...... 1,642.00 ...... 589.45 ...... 2,231.45 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DAN GLICKMAN, Chairman, Oct. 17, 1994.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ENERGY AND COMMERCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1994

David Finnegan ...... 11/8 11/11 Switzerland ...... 825.00 ...... 3,203.25 ...... 4,028.25 Douglas Bennett ...... 11/7 11/10 Switzerland ...... 1,100.00 ...... 3,126.55 ...... 4,226.55 Ripley Forbes ...... 10/9 10/15 France ...... 1,225.00 ...... 1,800.25 ...... 568.00 ...... 3,623.25 David Finnegan ...... 10/15 10/19 Brazil ...... 600.00 ...... 3,079.96 ...... 3,679.96 Van Way ...... 10/15 10/21 Brazil ...... 900.00 ...... 2,896.95 ...... 3,796.95 Peter Stockton ...... 10/3 10/5 Czech Republic ...... 460.00 ...... 460.00 ...... 10/5 10/11 Ukraine ...... 1,300.00 ...... 1,300.00 Commercial airfare ...... 2,765.25 ...... 2,765.25 Bruce Chafin ...... 9/29 10/2 Austria ...... 570.00 ...... 570.00 10/2 10/5 Czech Republic ...... 690.00 ...... 690.00 10/5 10/11 Ukraine ...... 1,300.00 ...... 1,300.00 Commercial airfare ...... 2,503.35 ...... 2,503.35 Robert Roach ...... 9/29 10/2 Austria ...... 760.00 ...... 760.00 10/6 10/7 Austria ...... 10/2 10/5 Czech Republic ...... 920.00 ...... 920.00 Commercial airfare ...... 2,076.05 ...... 2,076.05 Dennis Wilson ...... 9/29 10/2 Austria ...... 570.00 ...... 570.00 10/2 10/5 Czech Republic ...... 690.00 ...... 690.00 10/5 10/11 Ukraine ...... 1,300.00 ...... 1,300.00 Commercial airfare ...... 2,905.65 ...... 2,905.65 Committee total ...... 13,240.00 ...... 24,352.26 ...... 568.00 ...... 38,165.26 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JOHN D. DINGELL, Chairman.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON MERCHANT MARINE AND FISHERIES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1994

David S. Whaley ...... 11/27 12/3 Spain ...... 259,580 3 2,009.00 ...... 4 670.95 ...... 2,679.95 January 11, 1995 CONGRESSIONAL RECORD — HOUSE H 225 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON MERCHANT MARINE AND FISHERIES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1994—Continued

Committee total ...... 2,009.00 ...... 670.95 ...... 2,679.95 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Unused per diem in the amount of $791.84 returned to the U.S. Treasury—12/21/94 (Check #10880). 4 Commercial airfare. GERRY E. STUDDS, Chairman, Dec. 27, 1994.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON NATURAL RESOURCES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1994

Hon. Robert Underwood ...... 10/1 10/1 Palau ...... 335.00 ...... 335.00 Committee total ...... 335.00 ...... 335.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. GEORGE MILLER, Chairman, Dec. 28, 1994.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SMALL BUSINESS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1994

Hon. John J. LaFalce ...... 11/14 11/15 Taiwan ...... 234.00 ...... 234.00 11/15 11/17 Vietnam ...... 652.00 ...... 652.00 11/17 11/19 Philippines ...... 380.00 ...... 380.00 Commercial airfare ...... 3,769.95 ...... 3,769.95 Committee total ...... 1,266.00 ...... 3,769.95 ...... 5,035.95 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JOHN J. LaFALCE, Chairman, Dec. 30, 1994.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO MEXICO, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 5 AND JULY 9, 1994

Amo Houghton ...... 7/5 7/9 Mexico ...... (Member paid own airfare, lodging, and expenses). Chet Lunner ...... 7/5 7/9 Mexico ...... 784.00 ...... (Staffer received only per diem for trip). Committee total ...... 784.00 ......

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. AMO HOUGHTON, August 8, 1994.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO IRELAND AND NORTHERN IRELAND, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN SEPT. 2 AND SEPT. 8, 1994

Richard Neal ...... 9/2 9/8 Ireland/Northern Ireland ...... 1,391.00 ...... 4,474.62 ...... 5,865.62 Kevin Peterson ...... 9/2 9/8 Ireland/Northern Ireland ...... 1,391.00 ...... 4,444.99 ...... 5,835.99 Committee Total ...... 2,782.00 ...... 8,919.61 ...... 11,701.61 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. RICHARD E. NEAL, Oct. 2, 1994. H 226 CONGRESSIONAL RECORD — HOUSE January 11, 1995 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO GERMANY, KAZAKHSTAN, AND RUSSIA, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN AUG. 27 AND SEPT. 3, 1994

Pete Peterson ...... 8/27 8/28 Germany ...... 173.00 ...... 1176.15 8/28 8/30 Kazakhstan ...... 277.00 (3) ...... 277.00 8/30 9/3 Russia ...... 1,350.00 ...... (3) ...... 1,350.00 9/3 9/3 Germany ...... Commercial airfare ...... 1,003.15 ...... Shannon Smith ...... 8/27 8/28 Germany ...... 1,800.00 ...... 2,803.15 8/28 8/30 Kazakhstan ...... (3) ...... 2,803.15 8/30 9/2 Russia ...... (3) ...... Commercial airfare ...... 1,003.15 ...... Suzanne F. Farmer ...... 8/27 8/28 Germany ...... 173.00 ...... 1,176.15 8/28 8/30 Kazakhstan ...... 277.00 ...... (3) ...... 277.00 8/30 9/3 Russia ...... 1,350.00 ...... (3) ...... 1,350.00 9/3 9/3 Germany ...... Commercial airfare ...... 1,003.15 ...... Committee total ...... 5,400.00 ...... 3,009.45 ...... 8,409.45 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. PETE PETERSON, Chairman, Oct. 20, 1994.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO SLOVAKIA, BULGARIA, AND GERMANY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN SEPT. 7 AND SEPT. 20, 1994

Date Per diem 1 Transportation Other purposes Total

Name of Member or employee Country U.S. dollar U.S. dollar U.S. dollar U.S. dollar Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Cathy Brickman ...... 9/8 9/11 Slovakia ...... 2,400.00 ...... 2,400.00 9/11 9/17 Bulgaria ...... 9/17 9/20 Germany ...... Commercial airfare ...... 2,556.75 ...... 2,556.75 William Freeman ...... 9/8 9/11 Slovakia ...... 2,400.00 ...... 2,400.00 9/11 9/17 Bulgaria ...... 9/17 9/20 Germany ...... Commercial airfare ...... 2,556.75 ...... 2,556.75 Committee total ...... 4,800.00 ...... 5,113.50 ...... 9,913.50 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. KRISTI E. WALSETH, Oct. 17, 1994.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO AUSTRIA, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 4 AND JULY 9, 1994

Hon. Benjamin L. Cardin ...... 7/4 United States ...... (3) ...... 7/5 7/9 Austria ...... 960.00 ...... 960.00 Hon. John Dingell ...... 7/4 United States ...... (3) ...... 7/5 7/9 Austria ...... 960.00 ...... 960.00 Mr. John P. Elliott ...... 7/4 United States ...... (3) ...... 7/5 7/9 Austria ...... 960.00 ...... 960.00 Mr. David M. Evans ...... 7/4 United States ...... (3) ...... 7/5 7/9 Austria ...... 960.00 ...... 960.00 Ms. Mary Sue Hafner ...... 7/4 United States ...... (3) ...... 7/5 7/9 Austria ...... 960.00 ...... 960.00 Hon. Earl F. Hilliard ...... 7/3 United States ...... 2,842.20 ...... 2,842.20 7/4 7/9 Austria ...... 1,200.00 ...... 1,200.00 Hon. Steny H. Hoyer ...... 7/4 United States ...... (3) ...... 7/5 7/9 Austria ...... 960.00 ...... 960.00 Ms. Marlene Kaufmann ...... 7/4 United States ...... (3) ...... 7/5 7/9 Austria ...... 960.00 ...... 960.00 Hon. James P. Moran, Jr...... 7/3 United States ...... 2,842.20 ...... 2,842.20 7/4 7/9 Austria ...... 1,200.00 ...... 1,200.00 Hon. Harold Rogers ...... 7/4 United States ...... (3) ...... 7/5 7/9 Austria ...... 960.00 ...... 960.00 Hon. Carlos Romero-Barcelo ...... 7/4 United States ...... (3) ...... 7/5 7/9 Austria ...... 960.00 ...... 960.00 Ms. Erika B. Schlager ...... 7/4 United States ...... (3) ...... 7/5 7/7 Austria ...... 720.00 ...... 720.00 Ms. Victoria A. Showalter ...... 7/3 United States ...... 691.20 ...... 691.20 7/4 7/9 Austria ...... 1,200.00 ...... 1,200.00 Hon. Louise M. Slaughter ...... 7/4 United States ...... (3) ...... 7/5 7/9 Austria ...... 960.00 ...... 960.00 Hon. Floyd Spence ...... 7/4 United States ...... (3) ...... 7/5 7/9 Austria ...... 960.00 ...... 960.00 Hon. Craig Washington ...... 7/4 United States ...... (3) ...... 7/5 7/9 Austria ...... 960.00 ...... 960.00 Hon. Henry A. Waxman ...... 7/4 United States ...... (3) ...... 7/5 7/9 Austria ...... 960.00 ...... 960.00 Mr. Samuel G. Wise ...... 7/3 United States ...... 691.20 ...... 691.20 7/4 7/9 Austria ...... 1,200.00 ...... 1,200.00 Delegation expenses ...... 7/5 7/9 Austria ...... 21,490.74 ...... 21,490.74 Committee total ...... 18,000.00 ...... 7,066.80 ...... 21,490.74 ...... 46,557.54 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military aircraft. STENY H. HOYER, Chairman, July 9, 1994. January 11, 1995 CONGRESSIONAL RECORD — HOUSE H 227 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO FRANCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN SEPT. 13 AND SEPT. 18, 1994

Michael Kopetski ...... 9/13 9/18 France ...... 1,505.00 ...... (3) ...... 1,505.00 Tom Lewis ...... 9/14 9/18 France ...... 903.00 ...... (4) ...... 903.00 William Clinger ...... 9/14 9/18 France ...... 903.00 ...... (4) ...... 903.00 Ben McMakin ...... 9/13 9/18 France ...... 1,505.00 ...... 3 660.15 ...... 2,165.15 William Bishop ...... 9/14 9/18 France ...... 1,204.00 ...... 3 660.15 ...... 1,864.15 Peter Abbruzzese ...... 9/14 9/17 France ...... 602.00 ...... 3 2,678.65 ...... 3,280.65 Butler Derrick ...... 9/14 9/18 France ...... 903.00 ...... (4) ...... 903.00 Ron Lasch ...... 9/14 9/18 France ...... 903.00 ...... 3 1,348.08 ...... 2,251.08 Committee total ...... 8,428.00 ...... 5,347.03 ...... 13,775.03 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Commercial air transportation/DOD. 4 DOD. BUTLER DERRICK, Chairman, Dec. 14, 1994.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO EGYPT, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN SEPT. 1 AND SEPT. 11, 1994

Anthony C. Beilenson, MC ...... 9/4 9/10 Egypt ...... LE4,698.54 1,386.00 ...... 3,014.55 ...... 4,400.55 Patricia Schroeder, MC ...... 9/2 9/7 Egypt ...... LE3,112.02 918.00 ...... 6,463.55 ...... 7,381.55 Constance A. Morella, MC ...... 9/2 9/7 Egypt ...... LE3,895.11 1,149.00 ...... 1,704.35 ...... 2,853.35 John E. Porter, MC ...... 9/2 9/8 Egypt ...... LE4,678.20 1,380.00 ...... 6,860.95 ...... 8,240.95 Christopher H. Smith, MC ...... 9/4 9/11 Egypt ...... LE5,481.63 1,617.00 ...... 2,627.15 ...... 4,244.15 Janet K. Faulstich ...... 9/4 9/10 Egypt ...... LE4,698.54 1,386.00 ...... 3,014.55 ...... 4,400.55 Lisa Moreno ...... 9/1 9/7 Egypt ...... LE4,657.86 1,374.00 ...... 2,247.95 ...... 3,621.95 Susan Wood ...... 9/1 9/7 Egypt ...... LE4,657.86 1,374.00 ...... 2,247.95 ...... 3,621.95 Vicki Elkin ...... 9/2 9/8 Egypt ...... LE4,678.20 1,380.00 ...... 4,488.95 ...... 5,868.95 Dorothy Taft ...... 9/5 9/10 Egypt ...... LE3,915.45 1,155.00 ...... 1,921.15 ...... 3,076.15 Committee total ...... 13,119.00 ...... 34,591.10 ...... 47,710.10 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. TONY BEILENSON, Chairman, Nov. 3, 1994.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, MR. BRETT W. O’BRIEN, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 16 AND JULY 19, 1994

Brett W. O’Brien, staff ...... 7/16 7/19 Caribbean Area ...... 371.00 ...... 371.00 Committee total ...... 371.00 ...... 371.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BRETT W. O’BRIEN, Aug. 11, 1994.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, MS. KRISTI E. WALSETH, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN SEPT. 11 AND SEPT. 24, 1994

Kristi E. Walseth ...... 9/12 9/17 Albania ...... 2,400.00 ...... 2,400.00 9/17 9/20 Italy ...... 9/20 9/24 Hungary ...... Commercial transportation ...... 2,892.35 Committee total ...... 2,400.00 ...... 2,892.35 ...... 5,292.35 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. KRISTI E. WALSETH, Oct. 17, 1994.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, MR. PHILIP G. DYER, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN SEPT. 6 AND SEPT. 13, 1994

Philip G. Dyer ...... 9/6 9/7 United Kingdom ...... 227.51 349.50 ...... 227.51 349.50 9/8 9/13 Africa—Uganda, Zaire, Rwanda ...... 1,235.00 ...... 1,235.00 9/13 9/13 France ...... Committee total ...... 1,584.50 ...... 1,584.50 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. TONY P. HALL, October 12, 1994. H 228 CONGRESSIONAL RECORD — HOUSE January 11, 1995 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, MR. MARTIN HUGHES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN SEPT. 11 AND SEPT. 14, 1994

Martin Hughes ...... 9/11 9/14 Canada ...... 653.96 477.00 ...... 421.92 ...... 653.96 898.92 Committee total ...... 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. MARTIN HUGHES, Sept. 30, 1994.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, 91ST INTERPARLIAMENTARY UNION CONFERENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAR. 20 AND MAR. 29, 1994

Hon. Eliot Engel ...... 3/25 3/29 France ...... 910.00 (3) ...... Hon. John Tanner ...... 3/25 3/29 France ...... 870.00 (3) ...... Hon. Barbara-Rose Collins ...... 3/25 3/29 France ...... 870.00 (3) ...... Hon. Earl Hilliard ...... 3/25 3/29 France ...... 870.00 (3) ...... Hon. Bennie Thompson ...... 3/25 3/29 France ...... 870.00 (3) ...... John Calvelli ...... 3/25 3/29 France ...... 870.00 (3) ...... Steve Abrams ...... 3/25 3/29 France ...... 870.00 (3) ...... Veronica Craig ...... 3/25 3/29 France ...... 870.00 (3) ...... Catherine Zimmer Liebel ...... 3/20 3/29 France ...... 2,698.82 (4) ...... Delegation expenses ...... (5) 326.00 ...... Control Room expenses ...... 7,321.49 ...... Official Meals ...... 1,483.79 ...... Committee total ...... 18,504.10 ...... 326.00 ...... 18,830.10 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. 4 Commercial airfare. 5 One-way. ELIOT L. ENGEL, Sept. 27, 1994.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, NORTH ATLANTIC, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN SEPT. 8 AND SEPT. 13, 1994

Butler Derrick ...... 9/9 9/14 Italy ...... 1,236.00 ...... (3) ...... 1,236.00 Tom Lewis ...... 9/9 9/14 Italy ...... 1,236.00 ...... (3) ...... 1,236.00 William Clinger ...... 9/9 9/14 Italy ...... 1,236.00 ...... (3) ...... 1,236.00 Peter Abbruzzese ...... 9/8 9/14 Italy ...... 1,236.00 ...... (3) ...... 1,236.00 Ron Lasch ...... 9/8 9/14 Italy ...... 1,236.00 ...... (4) ...... 2,584.08 Committee total ...... 6,180.00 ...... 1,2348.08 ...... 7,528.08 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 DOD. 4 Commercial airfare. BUTLER DERRICK, h Dec. 14, 1994.

EXECUTIVE COMMUNICATIONS, comparison pursuant to 10 U.S.C. 2304 note; 138. A letter from the Secretary, Depart- ETC. to the Committee on National Security. ment of Transportation, transmitting the 134. A letter from the President and Chair- annual report on transportation user fees, Under clause 2 of rule XXIV, execu- man, Export-Import Bank of the United fiscal year 1993, pursuant to 45 U.S.C. 447(e); tive communications were taken from States, transmitting a report involving Unit- to the Committee on Transportation and In- the Speaker’s table and referred as fol- ed States exports to Russia, pursuant to 12 frastructure. lows: U.S.C. 635(b)(3)(i); to the Committee on 139. A letter from the Secretary of Health and Human Services, transmitting the 1992– 132. A communication from the President Banking and Financial Services. 135. A letter from the President and Chair- 1994 interim report of demonstration activi- of the United States, transmitting his re- ties under Public Law 96–265, section 505(a), man, Export-Import Bank of the United quest to make available emergency appro- as amended and related activities; to the States, transmitting a report involving Unit- priations totaling $11,695,000 in budget au- Committee on Ways and Means. ed States exports to the Republic of Tunisia, thority for the Department of the Interior 140. A letter from the Assistant Secretary and the Federal Emergency Management pursuant to 12 U.S.C. 635(b)(3)(i); to the Com- for Environment, Safety and Health, Depart- Agency [FEMA], and to designate these mittee on Banking and Financial Services. ment of Energy, transmitting the Depart- amounts as emergency requirements pursu- 136. A letter from the Director, Financial ment’s annual report on the progress in im- ant to section 251(b)(2)(D)(i) of the Balanced Services, Library of Congress, transmitting plementing CERCLA requirements during Budget and Emergency Deficit Control Act activities of the U.S. Capitol Preservation fiscal year 1993, pursuant to 45 U.S.C. 9651; of 1985, as amended, pursuant to 31 U.S.C. Commission fund for the 6-month period jointly, to the Committees on Commerce and 1107 (H. Doc. No. 104–17); to the Committee which ended on September 30, 1994, pursuant Transportation and Infrastructure. on Appropriations and ordered to be printed. to Public Law 100–696, section 804 (102 Stat. 141. A letter from the Administrator, Agen- 133. A letter from the Deputy Assistant 4610); to the Committee on House Oversight. cy for International Development, transmit- Secretary (Communications, Computers and 137. A letter from the Migratory Bird Con- ting a quarterly update report on develop- Support Systems), Department of the Air servation Commission, transmitting the an- ment assistance program allocations as of Force, transmitting notification that the in- nual report of activities for the fiscal year September 30, 1994, pursuant to 22 U.S.C. stallation commander at Tyndall Air Force ended September 30, 1994, pursuant to 16 2413(a); jointly, to the Committees on Inter- Base, FL, is initiating a multi-function cost U.S.C. 715b; to the Committee on Resources. national Relations and Appropriations. January 11, 1995 CONGRESSIONAL RECORD — HOUSE H 229 142. A letter from the Acting Adminis- to the Committee on Government Reform maps relating to the Coastal Barrier Re- trator, Agency for International Develop- and Oversight. sources System; to the Committee on Re- ment, transmitting a quarterly update re- H.R. 468. A bill to amend title 38, United sources. port on development assistance program al- States Code, to require the Secretary of Vet- By Mr. HUNTER (for himself, Mr. locations as of December 14, 1994, pursuant erans Affairs to furnish outpatient medical CUNNINGHAM, Mr. DORNAN, Mr. to 22 U.S.C. 2413(a); jointly, to the Commit- services for any disability of a former pris- STUMP, Mr. HANCOCK, Mr. SAXTON, tees on International Relations and Appro- oner of war; to the Committee on Veterans’ and Mr. JONES): priations. Affairs. H.R. 482. A bill to direct that certain Fed- H.R. 469. A bill amend title 38, United f eral financial benefits be provided only to States Code, to provide that remarriage of citizens and nationals of the United States; REPORTS OF COMMITTEES ON the surviving spouse of a veteran after age 55 to the Committee on Ways and Means, and in PUBLIC BILLS AND RESOLUTIONS shall not result in termination of depend- addition to the Committees on Banking and ency and indemnity compensation; to the Financial Services, and Agriculture, for a pe- Under clause 2 of rule XIII, reports of Committee on Veterans’ Affairs. riod to be subsequently determined by the committees were delivered to the Clerk By Mr. GILMAN (for himself and Mr. Speaker, in each case for consideration of for printing and reference to the proper MANTON): such provisions as fall within the jurisdic- calendar, as follows: H.R. 470. A bill provide for adherence with tion of the committee concerned. the MacBride Principles by United States By Mrs. JOHNSON of Connecticut (for [Submitted January 2, 1995] persons doing business in Northern Ireland; herself, Mr. POMEROY, Mr. THOMAS, to the Committee on International Rela- Mr. MILLER of California; Committee on Mr. GOSS, Mr. SHAYS, Mr. KOLBE, Mr. tions, and in addition to the Committees on Natural Resources, Legislative and review ROYCE, Mr. ARCHER, Mr. STUMP, Mr. Ways and Means, and Rules, for a period to activities of the Committee on Natural Re- BOEHLERT, Mr. HOUGHTON, Mr. PETRI, be subsequently determined by the Speaker, sources during the 103d Congress (Rept. 103– Mr. MILLER of Florida, Mr. in each case for consideration of such provi- 890). Referred to the Committee of the Whole ROHRABACHER, Mr. BARRETT of Wis- sions as fall within the jurisdiction of the House on the State of the Union. consin, Mrs. MEEK of Florida, Ms. Mr. MOAKLEY: Committee on Rules. Sur- committee concerned. By Mr. BILIRAKIS: WOOLSEY, Mr. MANZULLO, Mr. OBER- vey of activities of the House Committee on STAR, Mr. FORBES, Mr. BERMAN, Mr. Rules, 103d Congress (Rept. 103–891). Referred H.R. 471. A bill amend the Internal Reve- nue Code of 1986 to provide a tax credit to TALENT, Mr. WALSH, Mr. BROWN of to the Committee of the Whole House on the California, Mr. MINGE, Mr. DOOLEY, State of the Union. employers who employ members of the Ready Reserve or the National Guard; to the Mr. PETERSON of Florida, Mr. POR- f Committee on Ways and Means. TER, Mr. YOUNG of Alaska, Mr. MAR- TINEZ, Mr. KLECZKA, Mr. ZIMMER, Mr. PUBLIC BILLS AND RESOLUTIONS By Mr. BURTON of Indiana: H.R. 472. A bill establish a priority in the BAKER of California, Mr. HOBSON, Mr. Under clause 5 of rule X and clause 4 disposal of real property resulting from the FRANK of Massachusetts, Mr. MOOR- of rule XXII, public bills and resolu- closure or realignment of military installa- HEAD, Mr. FOX, Mr. FARR, and Mr. tion toward States and other entities that GREENWOOD): tions were introduced and severally re- H.R. 483. A bill to amend title XVIII of the ferred as follows: agree to convert the property into correctional facilities for youthful offenders to be Social Security Act to permit Medicare se- By Mr. LAFALCE: operated as military-style boot camps and to lect policies to be offered in all States, and H.R. 462. A bill to establish the Commis- require the Secretary of Defense to develop a for other purposes; to the Committee on sion on the Review of National Policies To- program to promote the expanded use of Commerce, and in addition to the Committee ward Gambling; to the Committee on the Ju- such correctional facilities; to the Commit- on Ways and Means, for a period to be subse- diciary, and in addition to the Committees tee on National Security, and in addition to quently determined by the Speaker, in each on Resources, and Ways and Means, for a pe- the Committee on the Judiciary, for a period case for consideration of such provisions as riod to be subsequently determined by the to be subsequently determined by the Speak- fall within the jurisdiction of the committee Speaker, in each case for consideration of er, in each case for consideration of such pro- concerned. such provisions as fall within the jurisdic- visions as fall within the jurisdiction of the By Mr. KIM: tion of the committee concerned. committee concerned. H.R. 484. A bill to prohibit public welfare By Mr. BARRETT of Wisconsin (for By Mr. DELAY: assistance to aliens not lawfully in the Unit- himself, Mr. KLECZKA, Ms. KAPTUR, H.R. 473. A bill repeal provisions of the ed States; to the Committee on Commerce, Mr. SENSENBRENNER, Mr. FORBES, and Clean Air Act dealing with toxic air emis- and in addition to the Committee on Ways Mr. DUNCAN) sions; to the Committee on Commerce. and Means, Banking and Financial Services, H.R. 463. A bill to prohibit the use of cer- H.R. 474. A bill to repeal provisions of the Economic and Educational Opportunities, tain assistance provided under the Housing Clean Air Act dealing with acid rain; to the Agriculture, and the Judiciary, for a period and Community Development Act of 1974 and Committee on Commerce. to be subsequently determined by the Speak- the Housing and Community Development H.R. 475. A bill to repeal provisions of the er, in each case for consideration of such pro- Act of 1992 for employment relocation activi- Clean Air Act dealing with stratospheric visions as fall within the jurisdiction of the ties; to the Committee on Banking and Fi- ozone protection; to the Committee on Com- committee concerned. nancial Services. merce. By Mr. KIM (for himself, Mr. MOOR- By Mr. BARTLETT of Maryland (for H.R. 476. A bill to amend the Clean Air Act HEAD, Mr. ROYCE, and Mrs. himself and Mr. STOCKMAN): to repeal certain emissions standards for SEASTRAND): H.R. 464. A bill to repeal the prohibitions motor vehicles which have not yet taken ef- H.R. 485. A bill to expand the authority for relating to semiautomatic assault weapons fect; to the Committee on Commerce. the export of devices; to the Committee on and large capacity ammunition feeding de- H.R. 477. A bill to amend the Clean Air Act Commerce, and in addition to the Committee vices; to the Committee on the Judiciary. to allow emission reductions caused by fleet on International Relations, for a period to be By Mr. GIBBONS: turnover to be created to the emission reduc- subsequently determined by the Speaker, in H.R. 465. A bill to ensure that the Carib- tion requirements of the act; to the Commit- each case for consideration of such provi- bean Basin Initiative is not adversely af- tee on Commerce. sions as fall within the jurisdiction of the fected by the implementation of the North H.R. 478. A bill to amend the Clean Air Act committee concerned. American Free-Trade Agreement and to au- to prohibit the Federal Government from re- By Mr. KNOLLENBERG: thorize entry into free-trade agreements be- quiring State plans to mandate trip reduc- H.R. 486. A bill to amend the United States tween the United States and certain Carib- tion measures; to the Committee on Com- Housing Act of 1937 to reform the manner of bean Basin countries; to the Committee on merce. determining rent paid for public housing Ways and Means. H.R. 479. A bill to repeal the Clean Air Act dwelling units, and for other purposes; to the By Mr. BATEMAN: Amendments of 1990 (Public Law 101–549); to Committee on Banking and Financial Serv- H.R. 466. A bill to authorize the Secretary the Committee on Commerce. ices. of the Interior to acquire and to convey cer- H.R. 480. A bill to amend the Clean Air Act By Mr. ORTON: tain lands or interests in lands to improve to repeal the mandatory requirement for H.R. 487. A bill to improve the Single Fam- the management, protection, and adminis- State motor vehicle inspection and mainte- ily Housing Mortgage Insurance Program of tration of Colonial National Historical Park, nance programs for ozone nonattainment the Department of Housing and Urban Devel- and for other purposes; to the Committee on areas; to the Committee on Commerce. opment; to the Committee on Banking and Resources. By Mrs. FOWLER (for herself, Mr. Financial Services. By Mr. BILIRAKIS: FOLEY, Mr. GOSS, Mr. MICA, Mr. PE- By Mr. QUINN (for himself, Mr. OXLEY, H.R. 467. A bill to amend title 39, United TERSON of Florida, Mrs. THURMAN, Mr. ACKERMAN, Mr. ABERCROMBIE, States Code, to exempt veterans’ organiza- and Mr. CALLAHAN): Mr. BLUTE, Mr. SAXTON, Mr. BARRETT tions from regulations prohibiting the solici- H.R. 481. A bill to direct the Secretary of of Nebraska, Mr. MONTGOMERY, Mr. tation of contributions on postal property; the Interior to make technical corrections to HOUGHTON, Mr. MEEHAN, Mr. BACHUS, H 230 CONGRESSIONAL RECORD — HOUSE January 11, 1995

Mr. BILIRAKIS, Mr. HEINEMAN, Mr. LA- By Mr. STARK: H.J. Res. 50. Joint resolution to designate FALCE, Mr. KING, Mr. SMITH of New H.R. 492. A bill to impose a tax and import the visitors center at the Channel Islands Jersey, Mr. SKEEN, Mr. CANADY, Mr. controls on bullets expressly designated to National Park, CA, as the ‘‘Robert J. Lago- MCCOLLUM, Mr. SERRANO, Ms. MOL- penetrate law enforcement personnel bullet- marsino Visitors Center’’; to the Committee INARI, and Mr. BARRETT of Wiscon- proof vests; to the Committee on Ways and on Resources. sin): Means. By Mr. PETE GEREN of Texas (for H.R. 488. A bill to prohibit the distribution By Mr. TRAFICANT: himself and Mr. BARTON of Texas): or receipt of restricted explosives without a H.R. 493. A bill to amend section 106 of the H.J. Res. 51. Joint resolution proposing an Federal permit, and to require applications Housing and Urban Development Act of 1968 amendment to the Constitution of the Unit- for such permits to include a photograph and to improve the Housing Counseling Program ed States to require three-fifths majorities the finger prints of the applicant; to the of the Department of Housing and Urban De- for bills increasing taxes; to the Committee Committee on the Judiciary. velopment, and for other purposes; to the on the Judiciary. By Mr. SMITH of Texas (for himself, Committee on Banking and Financial Serv- By Mr. PETERSON of Florida: Mr. THORNBERRY, Mr. KNOLLENBERG, ices. H.J. Res. 52. Joint resolution proposing an Mr. BONILLA, and Mr. MCHUGH): H.R. 494. A bill to authorize the Secretary amendment to the Constitution of the Unit- H.R. 489. A bill to establish a uniform and of Housing and Urban Development to carry ed States providing for 4-year terms for Rep- more efficient Federal process for protecting out a demonstration program to make resentatives and limiting the service of Sen- property owners’ rights guaranteed by the grants to community development corpora- ators and Representatives to 12 years; to the fifth amendment; to the Committee on the tions for reducing interest rates on loans for Committee on the Judiciary. Judiciary. economic development activities in five fed- By Mr. THORNTON (for himself, Mr. By Mr. SMITH of Texas: erally designated enterprise communities; to FIELDS of Louisiana, Mr. OLVER, and H.R. 490. A bill to amend the Endangered Mr. WISE): the Committee on Banking and Financial Species Act of 1973 to ensure that constitu- H.J. Res. 53. Joint resolution proposing an Services. tionally protected private property rights amendment to the Constitution to provide By Mr. UPTON (for himself, Mr. are not infringed until adequate protection for a balanced budget for the U.S. Govern- HOEKSTRA, MR. CAMP, Mr. CHRYSLER, is afforded by reauthorization of the act, to ment; to the Committee on the Judiciary. and Mr. KNOLLENBERG): protect against and compensate for eco- By Mrs. KENNELLY: nomic losses from critical habitat designa- H.R. 495. A bill to amend the Clean Air Act H. Res. 32. Resolution designating minor- tion, and for other purposes; to the Commit- to delay implementation of enhanced motor ity membership to the Committee on House tee on Resources. vehicle inspection and maintenance pro- Oversight; considered and agreed to. By Mr. SOLOMON: grams; to the Committee on Commerce. By Mr. GEPHARDT (for himself, Mr. H.R. 491. A bill to amend titles II and XVIII By Mrs. VUCANOVICH: BONIOR, Mr. FAZIO of California, Mrs. of the Social Security Act to ensure the in- H.R. 496. A bill to prohibit site character- KENNELLY, Mr. LEWIS of Georgia, Mr. tegrity of the Social Security trust funds by ization of the Yucca Mountain site in the RICHARDSON, Ms. DELAURO, Mr. reconstituting the Boards of Trustees of such State of Nevada during fiscal years 1996 SPRATT, Mr. MILLER of California, trust funds and the Managing Trustee of through 1998, and for other purposes; to the Mr. OBEY, Mrs. CLAYTON, Mr. DURBIN, such trust funds to increase their independ- Committee on Commerce. Mr. MFUME, Mr. MOAKLEY, Mr. CON- ence, by providing for annual investment By Mr. WOLF: YERS, Mr. SABO, Mr. BROWN of Cali- plans to guide investment of amounts in H.R. 497. A bill to create the National fornia, and Mr. SCHUMER): such trust funds, and by removing unneces- Gambling Impact and Policy Commission; to H. Res. 33. Resolution providing for consid- sary restrictions on investment and dis- the Committee on the Judiciary. eration of a joint resolution (H.J. Res. 1) pro- investment of amounts in such trust funds; By Mr. GALLEGLY (for himself, Mr. posing a balanced budget amendment to the to the Committee on Ways and Means, and in LEWIS of California, Mr. WOLF, Mr. Constitution of the United States; to the addition to the Committee on Commerce, for DORNAN, Mr. CUNNINGHAM, Mr. COX, Committee on Rules. a period to be subsequently determined by Mr. YOUNG of Alaska, Mr. BEILENSON, By Mr. KLINK: the Speaker, in each case for consideration Mr. HERGER, Mr. BERMAN, Mr. H. Res. 34. Resolution designating minor- of such provisions as fall within the jurisdic- MCKEON, Mr. ROHRABACHER, Mr. ity membership to the Committee on Rules; tion of the committee concerned. MOORHEAD, and Mr. DOOLITTLE): considered and agreed to. January 11, 1995 CONGRESSIONAL RECORD — HOUSE H 231 PRIVATE BILLS AND H.R. 70: Mr. MCCRERY, Mr. COX, and Mr. HASTERT, Mr. WOLF, Mr. BATEMAN, Mr. BE- RESOLUTIONS CALVERT. REUTER Mr. GORDON, Mr. EDWARDS, Mr. H.R. 76: Mr. STUMP, Mr. SENSENBRENNER, BAKER of California, Mr. INGLIS of South Under clause 1 of rule XXII. Mr. MINGE, Mr. MANZULLO, Mr. FROST, Mr. Carolina, and Mr. WALSH. Mr. EDWARDS introduced a bill (H.R. 498) WILSON, and Mr. BEREUTER. H.R. 450: Ms. DUNN of Washington, Mr. for the relief of Jung Ja Golden; which was H.R. 77: Mr. NEY, Mr. COBURN, Mr. BLILEY, DICKEY, Mr. FORBES, Mr. HANCOCK. Mr. referred to the Committee on the Judiciary. Mr. NORWOOD, Mr. TATE, Mr. ROYCE, Ms. CHRISTENSEN, Mr. FUNDERBURK, Mr. MOLINARI, Mr. HALL of Texas, Mr. FOX, Mr. GOODLATTE, Mr. COBURN, Mr. HUNTER, Mr. f DORNAN, and Mr. ENGLISH of Pennsylvania. JONES, Mr. ROHRABACHER, Mr. BURTON of In- H.R. 103: Mr. ACKERMAN, Mr. SAXTON, Mr. diana, Mr. MARTINI, Mr. BONO, Mr. ADDITIONAL SPONSORS PASTOR, Mr. MANTON, Mr. FILNER, and Mr. WHITFIELD, Mr. COX, Mr. CUNNINGHAM, Mr. COLEMAN. LARGENT, and Mr. MCHUGH. Under clause 4 of rule XXII, sponsors H.R. 104: Mr. KNOLLENBERG, Mrs. VUCANO- H.R. 461: Mr. BLILEY. were added to public bills and resolu- VICH, Mr. COBURN, Mr. FROST, Mr. LIVING- H.J. Res. 3: Mrs. CHENOWETH, Mr. JONES, tions as follows: STON, and Mr. FOX. Mr. BURR, Mrs. CUBIN, Mr. STOCKMAN, and H.R. 4: Mr. NORWOOD, Mr. WALKER, Mr. H.R. 106: Mr. BERMAN and Mr. GOSS. Mr. CRANE. H.R. 109: Mr. RAHALL, Mr. PETE GEREN of HUNTER, and Mr. LIVINGSTON. H.J. Res. 8: Mr. FORBES. Texas, Mr. GEKAS, and Mr. SKEEN. H.R. 5: Mr. CHABOT, Mr. NEY, Mr. HASTERT, H.J. Res. 27: Mr. GILLMOR, Mr. BARCIA of H.R. 118: Mr. MCHUGH, Mr. KING, Mr. Mr. DORNAN, Mr. CREMEANS, Mr. FORBES, Mr. Michigan, Mr. SENSENBRENNER, Mr. COBURN, CANADY, Mr. SENSENBRENNER, Mr. HAYES, HANCOCK, Mr. DICKEY, Mr. LEWIS of Ken- Mr. LARGENT, Mr. FORBES, Ms. MCCARTHY, Mr. BEREUTER, Mr. COBURN, Mr. MCCRERY, tucky, Mr. MONTGOMERY, Mr. BONILLA, Mr. and Mr. KLUG. Mr. ROHRABACHER, Mr. ROYCE, Mr. LIVING- HAYES, Mr. PETE GEREN of Texas, Mr. STEN- H.J. Res. 28: Mr. CHRISTENSEN, Mr. STON, and Mr. FRANK of Massachusetts. HOLM, Mr. STUMP, Mr. PAYNE of Virginia, Mr. CREMEANS, Mr. ENGLISH of Pennsylvania, Mr. H.R. 208: Mr. NORWOOD. PETERSON of Minnesota, and MR. CLEMENT. METCALF, Mr. ROGERS, and Mr. VISCLOSKY. H.R. 209: Mr. BURTON of Indiana, Mr. H.R. 6: Mr. BACHUS, Mr. BURTON of Indiana, H.J. Res. 49: Mrs. MALONEY, Mrs. MINK of CHABOT, Mr. CANADY, Mr. KNOLLENBERG, Mr. Mr. CHABOT, Mr. FUNDERBURK, Mr. HASTERT, Hawaii, Mr. THORNTON, Mr. OLVER, and Mr. COBURN, Mr. ROHRABACHER, Mr. DORNAN, Mr. OKE IM XLEY COLEMAN. Mr. H , Mr. K , Mr. O , Mr. NORWOOD, Mr. HANCOCK, and Mr. ROYCE. ROHRABACHER, Mr. SMITH of Texas, Mrs. H. Con. Res. 5: Mr. BURTON of Indiana, Mr. H.R. 210: Mr. ROHRABACHER. BOUCHER, Mr. FOX, Mr. MCNULTY, Mr. VUCANOVICH, Mr. HUNTER, Mr. WALKER, and ORNAN URTON H.R. 214: Mr. D and Mr. B of COBURN, Mr. NEY, Mrs. VUCANOVICH, Mr. Mr. LIVINGSTON. Indiana. WALSH, Mr. FORBES, Mr. GOODLATTE, Mr. H.R. 9: Mr. STUMP. H.R. 217: Mr. DOOLITTLE and Mr. JONES. HANCOCK, Mr. DORNAN, Mr. SKEEN, and Mr. H.R. 11: Mr. BURTON of Indiana, Mr. NOR- H.R. 218: Mr. NEY, Mrs. VUCANOVICH, Mr. STUMP. WOOD, Mr. WALKER, and Mr. LIVINGSTON. COBURN, and Mr. FROST. H. Con. Res. 12: Mr. ACKERMAN and Mr. H.R. 26: Mr. FOLEY, Mr. LARGENT, Mr. H.R. 259: Mr. INGLIS of South Carolina and BURTON of Indiana. DOYLE, Mr. NORWOOD, Mr. PETERSON of Min- Mr. ROHRABACHER. nesota, Mr. SHAYS, Mr. TORRES, and Ms. H.R. 303: Mr. HALL of Ohio and Mr. SKEEN. f MOLINARI. H.R. 359: Mr. BURTON of Indiana, Mr. H.R. 52: Mr. PASTOR, Mr. BARTLETT of LARGENT. Mr. HAYES, Mr. GEKAS, and Mr. DELETIONS OF SPONSORS FROM Maryland, Mr. MCHUGH, Mr. SENSENBRENNER, LONGLEY. PUBLIC BILLS AND RESOLUTIONS Ms. DANNER, Mr. KLUG, Mr. MANZULLO, Mr. H.R. 394: Mr. COBLE, Mr. DORNAN, Mr. TAN- Under clause 4 of rule XXII, sponsors BROWN of Ohio, Mr. FOX, and Mr. GENE NER, Mr. DICKS, Mr. SENSENBRENNER, Mr. GREEN of Texas. HUNTER, Mr. BILIRAKIS, Mr. THOMAS, Mr. were deleted from public bills and reso- H.R. 65: Mr. HALL of Ohio, Mr. SKEEN, and SCHIFF, Mr. GIBBONS, Mr. HANSEN, Mr. lutions as follows: Mr. TORRICELLI. HEFLEY, Mr. BARTLETT of Maryland, Mr. H.J. Res. 1: Mr. HOUGHTON. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, WEDNESDAY, JANUARY 11, 1995 No. 6 Senate (Legislative day of Tuesday, January 10, 1995)

The Senate met at 12 noon and was RECOGNITION OF THE ACTING S. 1, the unfunded mandates bill, to- called to order by the President pro MAJORITY LEADER morrow at 10 a.m. tempore [Mr. THURMOND]. Mr. LOTT addressed the Chair. The PRESIDENT pro tempore. With- The PRESIDENT pro tempore. The out objection, it is so ordered. distinguished acting majority leader. Mr. LOTT. I yield the floor. PRAYER Mr. CAMPBELL addressed the Chair. The Guest Chaplain, the Reverend f The PRESIDENT pro tempore. The Mark E. Dever, pastor of Capitol Hill distinguished Senator from Colorado. Baptist Church, Washington, DC, of- SCHEDULE (The remarks of Senator CAMPBELL fered the following prayer: Mr. LOTT. Mr. President, on behalf pertaining to the introduction of S. 193 Let us pray: of the majority leader, I am pleased to are located in today’s RECORD under Lord of Heaven, we come into Your make this announcement of orders for ‘‘Statements on Introduced Bills and presence this morning and offer You Wednesday, January 11. Joint Resolutions.’’) praise as a good God, who rules cre- Following the time for the two lead- ation for the good of all those who love ers this afternoon, there will be a pe- f You, and more. Thank You for Your riod for the transaction of routine goodness to us in this country and in morning business not to extend beyond UNFUNDED FEDERAL MANDATES this Chamber. the hour of 1:30 p.m. with the following Mr. FRIST. Mr. President, I rise We come to You in humility, realiz- Senators recognized to speak for the today to address two matters. ing that amidst all the august archi- time indicated: Senator FRIST for 10 First, Mr. President, to let you and tecture of this place and the trappings minutes; Senator HUTCHISON for 20 my other colleagues in the U.S. Senate of power, that all of us are passing, You minutes; Senator CAMPBELL for 5 min- know how honored I am to be a part of alone are eternal. We are changing, utes; and Senator HARKIN for 20 min- this noble institution and how much I You are perfect. We know in part, You utes. look forward to working with each of are all-knowing. We have some power, At 1:30 p.m. this afternoon, the Sen- you in conducting what Senator How- only You have all power. You are all ate will resume consideration of S. 2, ard Baker has called ‘‘the business of good, too often our motives are mixed. the congressional coverage bill. Sen- the people.’’ We pray especially for these Senators ator LAUTENBERG will be recognized to Second, I want to take a moment to gathered here today. Use them, Lord, offer an amendment on which there address the issue of unfunded Federal for the good of this Nation and the will be 25 minutes of debate. mandates, and specifically the Un- world. Through these creatures of clay, Upon the expiration or yielding back funded Mandates Reform Act of 1995. show Your goodness to us. Be pleased of the time on the Lautenberg amend- As I look around this great body I re- to bless them in their labor, helping ment, Senator BRYAN will be recog- alize that I am one of the very few them to help the rest of us go about nized to speak on an amendment. Fol- Members who has come directly to the our business in peace and quietness. lowing Senator BRYAN, Senator GLENN Senate from the private sector with no Help them as they do our Nation’s will offer a managers’ amendment with previous ties to Washington, DC or, for work. 10 minutes of debate to be equally di- that matter, politics. The people of Give them insight and will to con- vided. Senator STEVENS will then be Tennessee elected me as a true citizen serve what is good in our laws, and to recognized to offer an amendment deal- legislator—to come to Washington for correct what is wrong. Assist them in ing with the Library of Congress. a period of time with a mission to ac- promoting the good of all Your people, Under a previous unanimous-consent complish and then return to Tennessee as they promote peace at home and agreement, there will be only first-de- to live under the laws I helped pass. As abroad, and work to protect all that is gree amendments in order to the bill. a recently elected citizen legislator, I good in our society. Following disposition of amendments, carry a very distinct advantage: a Lord, though so much seems amiss the Senate will proceed to a vote on closeness to the people, a commonality today, we do praise You for the ways final passage of S. 2. However, no roll- of interest with real people with real Your goodness is reflected in this coun- call votes will occur prior to 5 p.m. this jobs, and an immediate understanding try. Pray You would use these men and afternoon. of the message of November 8. women to encourage that even more, Also, for the information of Senators, During the last year, I have traveled for Jesus’ sake. Amen. the Senate will begin consideration of to most all of the 95 counties in my

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

S 749 S 750 CONGRESSIONAL RECORD — SENATE January 11, 1995 home State of Tennessee—from Mem- budgets, to provide services efficiently, Without objection, it is so ordered. phis to Mountain City—listening to the to prioritize, and to make tough spend- The Senator from Idaho [Mr. CRAIG] thoughts and concerns of private citi- ing decisions. is recognized. zens and local officials. Coming di- For this reason, I have cosponsored rectly from the private sector, I heard the Unfunded Mandate Reform Act of f their message in the clearest possible 1995. I commend Senator KEMPTHORNE terms, unfettered by the preconceived for his leadership over the past 2 years A PLEDGE TO HELP notions and prejudices of Washington. in raising the awareness of lawmakers Mr. CRAIG. Thank you, Mr. Presi- And their message was: ‘‘Change the and the American public regarding the dent, I thank my colleague from Texas direction of the country. Get the Fed- unfunded mandate issue. As Mayor Vic- for yielding for a few moments. I appre- eral Government off our backs, out of tor Ashe, of Knoxville, TN, currently ciate a portion of her time. our pockets, and off our land. The arro- president of the U.S. Conference of Let me congratulate the Senator gance of Washington is stifling us, and Mayors and a champion of this cause from Tennessee for a very clear mes- we are capable of making our own deci- has said: ‘‘This bill will begin to re- sage about why he came to Washing- sions.’’ A simple, crystal clear mes- store the partnership which the found- ton, reflective of the expectations of sage. ers of the Nation intended to exist be- his constituency to respond to the Mr. President, this is the message I tween the Federal Government and issue of unfunded mandates. We will bring to Washington. And there is no State and local governments.’’ begin debate on that issue tomorrow, better example of the Federal Govern- However, Mr. President, I would be and it is exciting that my colleague, ment’s arrogance and unwanted med- remiss if I did not say that there are DIRK KEMPTHORNE, is the champion of dling than the unfunded Federal man- aspects of this bill that can and should that issue as we begin to address why dates. As our majority leader so elo- be improved. The bill has no affect on the American public is so frustrated quently pointed out in his opening re- Congress unless the Congressional marks of the 104th Congress, the 10th Budget Office first determines that a over what we do here, and this is one of amendment provides that powers not bill which contains an unfunded man- the most effective ways of curbing it. delegated to the United States nor pro- date will cost the State and local gov- I also recognize my colleague from hibited to the States are reserved to ernment more than $50 million over a Colorado in his reintroduction of graz- the States or to the people. Yet, single year. While I am sure much ing law reform. I will join with him, through unfunded mandates, the Con- thought has been given to this thresh- and I have pledged, with my chairman- gress has forced its will upon the peo- old amount, and while I understand ship of the Public Lands Committee of ple by requiring State and local gov- that increased demands will be placed the Energy and Natural Resources ernments to pay for legislation over on the CBO, I urge my colleagues to Committee, that we will deal with this which they have no control. The result listen a little more closely to the will issue this year. of these mandates is that local govern- of the people. Their message was not to I have also appreciated the coopera- ments are forced to abandon their own limit unfunded Federal mandates, it tion of the Secretary of the Interior. priorities, to offer fewer services to the was to eliminate them. I urge my col- We have had several discussions over public, and to ultimately charge higher leagues to give serious consideration to the last couple of months as he brings taxes and utility rates. eliminating the $50 million threshold forth new rules and regulations that he In my home State of Tennessee, for in the bill. would not deal with grazing fees per se example, local officials from the city of The second provision of the bill and that he would offer some flexibil- Knoxville determined that they would which disturbs me is the provision that ity so that the authorizing committee have had an additional $11 million to allows Congress to override the prohi- could respond to the grazing industry spend on local priorities in the absence bition on unfunded Federal mandates and other interests out there that are of 10 unfunded Federal mandates. Ac- with a simple majority vote in the Sen- concerned about the management of cording to their estimates, Knoxville ate. In essence, what we give to the our public grass lands and how they could have spent $3.5 million for police American people with one hand we po- will be grazed and under what policy and crime prevention were it not for tentially take away with the other. I they will be grazed. these unfunded Federal mandates. Part urge that this provision be strength- For the balance of my brief time, let of this money would have funded ap- ened to require a supermajority of 60 me suggest that there is a tactic under- proximately 60 new police officers. votes to waive this legislation. Those way, Mr. President, that while it may Examples such as these have been two concerns notwithstanding, I be- appear to be well directed, in my opin- cited from cities across this country, lieve this bill is a good step in the right ion, it is tremendously misguided. That from across America. It is essentially a direction. is a tactic being used by the Democrat problem of taxation without represen- Mr. President, the directive of No- leadership at this moment to try to tation. That injustice helped bring vember 8 is clear: A return to Federal- about one revolution about 200 years ism, the idea that power should be kept refocus the whole debate on a balanced ago, and I think on November 8 we saw close to the people. I believe that the budget amendment to our Constitu- another such revolution. The people Unfunded Mandates Reform Act of 1995, tion. There is that old adage that when have demanded that we put an end to particularly if strengthened as I have you are out in the swamp surrounded such practice. The State and local bat- urged, will go a long way toward say- by alligators, you are forgetting your tle cry, ‘‘no money, no mandates,’’ has ing to the American people that this initial purpose to come to the swamp reached a fever pitch. body believes the people can and should was to drain it. That is exactly the tac- The test of any government is its re- be trusted with the power to make tic being used at this moment by the sponsiveness to its citizens. The solu- their own decisions. I urge my col- Democratic leadership in both Houses, tion to the problem of unfunded man- leagues to strengthen and then pass to say: ‘‘For the next 7 years tell us dates is to require Congress to pay for this important piece of legislation as every budget cut you are going to any mandate it places on State and quickly as possible. Thank you, Mr. make. Let us be specific right down to local governments. President. the detail. What are you going to cut, Mr. President, I believe that Senate I yield the floor. and how are you going to cut the budg- bill No. 1, the Unfunded Mandate Re- The PRESIDENT pro tempore. Under et to arrive at a $1.3 billion reduction form Act of 1995, is a step in the right the previous order, the Senator from in the budget to get to a balanced direction. It will be an effective but Texas [Mrs. HUTCHISON] is recognized budget by 2002?’’ simple mechanism to curb the un- to speak for up to 20 minutes. That is phony. It is just as phony as funded mandates that are strangling Mrs. HUTCHISON. Mr. President, I can be to play that kind of game. What America’s communities. Requiring would like to yield 5 minutes to my we have to talk about here is what we Congress to pay for its mandates will colleague from Idaho, after which I will want to do first and how we want to do merely require Congress to live in the then take no longer than 15 minutes. it, and then let us proceed down a path real world. Like the rest of America, The PRESIDING OFFICER (Mr. that will yield a balanced budget by Congress will have to learn to balance GRAMS). Is there objection? the year 2002. January 11, 1995 CONGRESSIONAL RECORD — SENATE S 751 Mr. SIMON. Will my colleague yield Let us remember what has brought Bad Policy, putting the cart before for a question? us to this point: $4.7 trillion Federal the horse: When people decide they Mr. CRAIG. I am happy to yield to debt; annual deficits now in the $160 want to be healthier and live longer, my friend. billion range; and deficits projected to they don’t plan every meal and every Mr. SIMON. I commend the Senator shoot toward $400 billion after the turn workout for the next year. First they for his comments. If the demands of of the century. commit to do whatever is necessary. those of us who favor a balanced budg- Let us stay above partisanship. Some Then they pick the specific diet and ex- et amendment spell out how we do it, of my friends on the other side of the ercise plan. The high failure rate for di- they are always making speeches how aisle sincerely support the balanced eters illustrates our point that exter- you can balance the budget without a budget amendment but also are de- nal enforcement is necessary. Specify- constitutional amendment. It seems to manding to know specific budget cuts. ing all the cuts before we even commit me that it is incumbent on them to I sympathize with your frustration; but to balancing the budget condemns us spell this out also. Is that being unreal- don’t be distracted. to failure before we start. istic? Do not be fooled by a partisan tactics Will the BBA work or won’t it? Oppo- Mr. CRAIG. Well, to my colleague on the part of balanced budget amend- nents cannot have it both ways: First, from the other side, and one of the pri- ment opponents to simply kill this they say it is a fig leaf to cover budget mary sponsors of the balanced budget amendment at any cost. Do not fall failures in previous Congresses, that amendment, it would not be unrealis- into that some old trap of trying to it’s an empty promise; then they talk tic. But what is realistic to talk about score a partisan point today at the cost is the very thing that all of us know in terms of ‘‘slash and burn’’ to scare of our children’s economic well-being the interest groups into active opposi- who focus on the balanced budget tomorrow. That is exactly the kind of amendment. And how we get there by tion; I think they really do fear this shortsighted trade-off we’re trying to amendment will work and are not will- the year 2002 is a simple matter—al- stop by passing the balanced budget though complicated and very tough to ing to share the responsibilities. amendment. Mr. President, I yield back to the do—of reducing the growth rate of Fed- The balanced budget amendment eral budgets from about 5 percent to Senator from Texas, and I thank her began as a bipartisan effort. Let us for sharing with me some of her time. about 3 percent. When the American keep it that way. public hears that, they say to a Sen- The PRESIDING OFFICER. The Sen- Where are the specific cuts? There ator SIMON of Illinois or a Senator ator from Texas is recognized. are literally hundreds of plans out CRAIG of Idaho, that sounds immensely Mrs. HUTCHISON. I thank the Chair. there; there’s no one way to balance reasonable. While it may be tough to (The remarks of Mrs. HUTCHISON per- the budget. What’s lacking is some do, it is a heck of a lot more reasonable taining to the introduction of S. 191 are mechanism to force a consensus. There to understand that is the kind of ap- located in today’s RECORD under may be 100 plans in the Senate for bal- proach we are talking about. Then, ap- ‘‘Statements on Introduced Bills and ancing the budget, but not one of them parently, the game plan, or the threat, Joint Resolutions.’’) will get 51 votes until we remove the there is the impending damage that The PRESIDING OFFICER. Under easy alternative of borrow-and-spend. could come from that kind of language the previous order, the Senator from Lessons of History: We have had the that would suggest we have to cut $1.3 Iowa [Mr. HARKIN], is recognized to specific plans before us in the past. The trillion from budgets. What we could speak for up to 20 minutes. also say is that if we do not have a bal- way Congress has treated them dem- anced budget amendment, by the year onstrates why we need to the balanced f 2002 the Federal budget will be $1.3 tril- budget amendment. In the past, one/ lion larger, or that the Federal deficit both Houses defeated numerous deficit- A MESSAGE TO THE JAPANESE will be $500 or $600 billion annually, or reduction plans full of specifics. Most PRIME MINISTER that the Federal debt will be $6 or $7 recently, and in a bipartisan effort: Kerrey-Brown rescission/entitlement Mr. HARKIN. Mr. President, I thank trillion, or that interest on the debt the Chair. will be $400 billion annualized. reform package (1994) (Penny-Kasich in the House, 1993). Mr. President, as I and a number of That is not at all what they are talk- my colleagues spoke on the Senate ing about. Instead of talking about the ‘‘Draconian’’ budget cuts required? Contrary to what’s being said, we know floor this past Friday, we pointed out kind of positive things that can grow that a terrible injustice has been done and emanate from a balanced budget, the direction we have to go, and how to get there. For example: ‘‘Glide Path’’ to thousands of workers in my State of they are talking about all of the nega- Iowa, Illinois, and in Ohio. It is an ac- tives. Plan: Federal spending is increasing tion that has ramifications not only The American public knows exactly now at about 5 percent, or about $75 for the other workers throughout our what we are saying and they are saying billion per year. Simply trimming that country, but for international relations very clearly back to us: Do not get growth in spending to 3.1 percent would as well. weak-kneed. Balance the Federal budg- balance the budget in fiscal year 2002. Mr. President, I just want to say that et. Produce the mechanism that will For those concerned about Social Secu- result in that and give us a balanced rity: We can trim the growth of non- if there are people at the Japanese Em- budget amendment to the Constitution Social Security spending to 2.4 percent bassy here in Washington who have that will force the kind of fiscal dis- and still balance the budget by 2002. their sets tuned in to the proceedings cipline that this Congress has failed to This will require discipline, but it is a in the Senate, I ask them to turn the respond to for now over three decades. far cry from the doom and gloom sce- volume up and pay close attention to Mr. President, this 104th Congress is nario being portrayed by many oppo- what I am about to say. I believe I am considering a historic and remarkable nents. joined by my colleague, Senator SIMON, balanced budget amendment to the Name every budget cut in advance? from Illinois, we have a message for Constitution. Some partisan sparring Opponents of this proposal want it both the Japanese Prime Minister who is in broke out over the last few days. ways. First they say, show them how Washington today, meeting with the That’s unfortunate. we would cut the budget. Next they say President of the United States. We Democrats have been asking Repub- balancing the budget by 2002 would be have a very strong message for the licans, ‘‘Where’s your plan?’’ specifi- too painful. Japanese Prime Minister. I hope that cally showing how to balance the budg- But this tactic proves our point: The the people of the Japanese Embassy et by 2002? budget won’t be balanced without pass- will turn their sets up and start to pay Let us stay focused on the central ing the BBA first. Democrats want our attention right now because this mes- issue. Which do we want: Balanced plan, but where has the Democrat plan sage is for the Japanese Prime Min- budgets or the status quo? Which do we been? President Clinton did not pro- ister. want: An issue? Or passage of the bal- pose a path to a balanced budget—cur- The Bridgestone-Firestone Corp. is a anced budget amendment? We know rent projections show deficits going Japanese-owned company. It an- which is better for the country. way up after 1995. nounced it would permanently replace S 752 CONGRESSIONAL RECORD — SENATE January 11, 1995 over 2,000 of its employees currently in- our company and our union. Together, we Mr. President, I yield at least 5 min- volved in a legal strike over proposed did make a difference. It is these things that utes to the distinguished Senator from major cuts in worker pay and benefits make me wonder why does Bridgestone now Illinois. and over a worsening of working condi- demand such unreasonable demands? Mr. SIMON. Mr. President, I thank tions. In return for their increased produc- my colleague from Iowa. I thank him After earlier being hopeful that this tivity, workers are being asked to take for his leadership on this. lengthy strike would be successfully a 30-percent cut in the introductory When he mentioned the States that resolved through good-faith negotia- wage, cutting out four holidays, bunch- are affected, he should have included tions by both sides, it now appears that ing up all their holidays at Christmas Oklahoma, which is the State of the Bridgestone/Firestone has been acting time, cuts in pay rates for work on Presiding Officer. The Japanese Prime in bad faith. This is irresponsible cor- Saturdays and Sundays. Minister is here today to create good porate behavior and it harms the Unit- I asked my staff, Mr. President, to will for his country, and I hope he has ed States of America. compare what the workers in Japan a very good visit. However, it is appro- We take the floor again to address were getting in Bridgestone Corp., priate that we let the Japanese Prime this issue because as we speak Presi- compared to workers in America. I Minister know right now here and dent Clinton is meeting with Japanese think you will find this pretty star- clearly, that one of the Japanese- Prime Minister Tomiichi Murayama, tling. In Japan Bridgestone union em- owned corporations in this country is and I hope this message gets to the ployees average annual wage is $52,500 creating ill-will in this country, and is Prime Minister. Our President is meet- a year, for the Bridgestone union em- not doing any good for United States- ing with him to discuss a number of ployees in America, their average Japanese relations. important economic and international wages are $37,045 a year. The average In addition to the comments of my relations issues. We must improve our monthly hours in Japan? One hundred colleague from Iowa, I would point out relations with Japan. Japan is an eco- fifty-two hours. In the United States? that the Secretary of Labor asked to nomic leader, and an ally of ours. One hundred ninety-eight hours. Not meet with the chief executive of the Friendship and positive relations be- only are our workers working more, Bridgestone-Firestone Co. here in the tween our two nations is in the best in- they are getting paid less. Now, what United States. terests of both countries and the entire the company says they want them to He refused to meet with the Sec- world. do is two shifts a day, 12 hours on, 12 retary of Labor to talk about this. I Mr. President, nothing does more to hours off. They want them to work a have a wire service story in which Sec- undermine positive relations and good crazy quilt work schedule. They would retary Reich is quoted as saying: will between our nations than acts like work three 12-hour days, then have 2 I consider this outrageous, quite frankly. that taken by Bridgestone/Firestone. days off; then 2, 12-hour days, have Japanese companies in this country have a Here is a company that is profitable, three days off; then they work two 12- sterling record of social responsibility, in whose workers have made it profitable hour days, have 2 days off. Try to map general. by reaching record levels of productiv- out a schedule for your family life on And I think that is correct. Most ity. Then they go and knock thousands that. It would be worse than the U.S. Japanese corporations in this country of workers out of their livelihoods be- have an excellent record. This company cause Bridgestone/Firestone is not will- Senate. Workers would not know when they would have days off during the is refusing even to meet with the Sec- ing to abide by the same contract retary of Labor. I have never heard of signed by their two largest American year. In Japan, same company, same em- an American corporation or a corpora- competitors. tion in this country refusing to sit I want Prime Minister Murayama ployees have three shifts, eight hours a day, and they rotate those shifts. The down with the Secretary of Labor. and his government to know how de- The company said: structive these actions are, how it rips company says no, what is fair in Japan apart families and communities. These is not fair for our workers in America. * * * it would be happy to send Charles Ramsey, its chief negotiator— workers have given the best years of So, Mr. President, workers increase their lives to this company. They are their productivity tremendously at Only they are not negotiating. highly productive, diligent, hard-work- this company. All the statistics show to meet with— ing individuals. They took contract it. At Goodyear Tire & Rubber, they The Secretary of Labor. concessions when times were tough and had a contract dispute last year, they That is like sending an errand boy. the company needed them to remain in settled it, setting the contract pattern The Secretary of Labor ought to be operation. Now that times are better, for the rubber industry in this country able to sit down with the person who is workers just want fair treatment from and they moved ahead. Now what making the decision. the company. Bridgestone-Firestone is doing is say- This is only the third time, I am told, Mr. Prime Minister, these are working they can beat their major competi- since the early 1930’s when a major cor- ers like Sherrie Wallace who recently tors in America by squeezing their poration—and that includes major cor- wrote me after she and her husband workers a little harder. Well, I do not porations in the United States of lost their jobs. Let me just read from think any company ought to gain a America, with the air traffic control- this letter from Sherrie Wallace, a competitive advantage at the expense lers being one of the three—this is the worker at Firestone: of its workers. third time we have had a permanent re- When Bridgestone came to each of us ask- The United Rubber Workers have of- placement of strikers of this mag- ing for help because we were not doing as fered proposals through the Federal nitude. well as the company needed to do, we all did Mediation and Conciliation Service and Our whole tradition is against it. It our best. They asked me for one more tire the company refused to negotiate. This is very interesting that this Japanese- every day, and to stay out on the floor and refusal is a refusal of the basic tenant owned corporation cannot do in Japan forgo my cleanup time. Not only did I re- of labor-management relations of col- what they are doing in Oklahoma and spond, so did each and every member of the lective bargaining. URW. Not only did I give them the one more Illinois and Iowa and Ohio and Indiana. tire per day they asked for, I gave them How much time do I have remaining, It would be illegal for them to do it in three times what they asked for. Our produc- Mr. President? Japan, and they are doing it here, con- tion levels soared. We threw ourselves into The PRESIDING OFFICER (Mr. trary to our traditions. It is illegal to our company believing that we all must suc- INHOFE). The Senator has 14 minutes do it in Canada or all of Western Eu- ceed together in order to create a better way remaining. rope, except for Great Britain. of life for all. The membership joined com- Mr. HARKIN. Mr. President, I will I think that the company is making mittees and we became involved and we gave take a couple more minutes, but let me a great mistake. I have been around them our hearts. We began to believe this company was different. We gave them our yield to my colleague from Illinois be- public life for a while—I am 66 years input to create a better working environ- cause I know his workers in Illinois are old. I have observed a little, and I have ment. To increase productivity we began to facing the same kind of situation as noted when this pendulum swings too meet our production levels. We were proud of ours are in Des Moines, IA. far to one side, pretty soon January 11, 1995 CONGRESSIONAL RECORD — SENATE S 753 the pendulum is going to swing too far I want to say to my friends, whether used, depreciated and then thrown out to the other side, and that is the dan- they are watching in the Japanese Em- on the trash heap without any concern ger in labor/management relations in bassy, or to Prime Minister Murayama, for their families or years of service. this country. It is a danger for I want to echo what Senator SIMON But there is an option, and let this be Bridgestone/Firestone. said. The vast majority of Japanese the final warning to Bridgestone/Fire- I heard my colleague from Iowa say companies operating in this country stone. I will read a letter to the editor the other day that he would not buy operate in a highly responsible, effec- of the Des Moines Register by a farmer any Firestone tires. Believe me, I am tive, compassionate manner with their by the name of Joe Weisshaar: certainly not going to buy any Fire- workers. I have seen many of them A quick inventory tells me that my trac- stone tires, and I think there are going and, in many cases, the workers are tors, trucks, wagons, combine and cars roll to be a lot of people in the United happier there than perhaps they are at on more than 140 tires. My vow to States who are going to feel the same other companies that are not Japanese. Bridgestone/Firestone is that if this strike is I do not want to cast Bridgestone’s not settled within 30 days, I will never buy way. another tire made by them. The sensible thing is to sit down and actions as something true of every Jap- That is just one farmer’s view from negotiate. I have, Mr. President, over anese company. That is not true. Sen- the State of Iowa. the years been involved in some labor/ ator SIMON is right on the mark with that. For some reason, this seems to be I guess that ought to be the message management negotiations. Sometimes sent to Bridgestone/Firestone. Our con- it gets tough, but getting people to- some kind of a rogue company. But it is always that bad apple that can spoil sumers have a choice, and if we have to gether around a table, sooner or later— the barrel, and that is what and if Bridgestone/Firestone will not a little bit like a conference committee Bridgestone/Firestone is going to do. settle this in a decent manner, if they between the House and the Senate— They are going to color with their in- will not sit down, if they will not even sooner or later you get something sensitive, outrageous behavior all the speak to the Secretary of Labor, then worked out. That is what Bridgestone/ other fine Japanese corporations that maybe what the people of this country Firestone should do, not dismiss 2,300 are doing a good job in this country. I ought to do is just start rolling along employees. They ought to sit down and would hate to see that happen. I know another brand of tires. And try to work things out. That is the the Senator from Illinois would hate to Bridgestone-Firestone ought to know American tradition. see that happen, too. that we have that option. I note that the Wall Street Journal, That is the message, I think, that we So, Mr. President, I urge the Japa- in an article about the chief executive want the Japanese Prime Minister to nese Prime Minister to take the mes- of Bridgestone, refers to him as a bull- take back with him. It is not just this sage we are sending back to the head of dog, that he is a born gambler. Well, he one company and you can ignore it. Bridgestone/Firestone, urge him to re- is gambling with something that is This will have ramifications over and consider his unfortunate decision, and very important. He is gambling with beyond just that one company. to reopen in good faith negotiations his company’s future. He is gambling Mr. President, I read from the letter with their workers. It would not only with labor/management relations in from Sherrie Wallace who worked at be in the best interests of the workers this country. He is gambling with the Firestone 33 years. Her husband also and their families and communities, lives of 2,300 workers and their fami- worked there. Let me read one final but also the relations between our na- lies. I hope common sense prevails, and paragraph. I will not read the whole tions and the good will that is so im- I hope the Japanese Prime Minister letter. She said: portant to maintain. gets the message that we who have spo- You see, we are one of those families that Mr. President, I yield back whatever ken on the floor of the Senate have both husband and wife work at Bridgestone/ time I have. I note the absence of a nothing but good will toward Japan. I Firestone in Des Moines, IA. We both have quorum. respect that country. I might add, I lost our jobs, our benefits and our livelihood. The PRESIDING OFFICER. The grew up in the State of Oregon—some- We have had days and nights of no sleep, clerk will call the roll. thing I do not stress in the State of Il- wondering where our life is heading. Trying The legislative clerk proceeded to linois—but I grew up in the State of to keep the ‘‘American Dream’’ alive with call the roll. Oregon. My father was a Lutheran min- dignity, conviction to stand up for what you believe in and hope. Mr. DORGAN. Mr. President, I ask ister and, in 1942, stood up when Japa- Please hear our plead for help. * * * Over unanimous consent that the order for nese-Americans were taken away from 25,000 employees, spouses and children will the quorum call be rescinded. the west coast. That was my first real be affected by this one * * * incident. The PRESIDING OFFICER. Without experience in civil rights. I was 13 So, Mr. President, I hope that the objection, it is so ordered. years old then. I remember the hos- Japanese Prime Minister will heed Mr. DORGAN. Mr. President, I ask tility that my father received on that this. unanimous consent to speak for 10 min- occasion. As I pointed out last year, Goodyear utes in morning business. I do not want to sour United States- Tire and Rubber reached an agreement The PRESIDING OFFICER. The Sen- Japan relations. I want an improved re- with its workers, and they were chosen ator is recognized. lationship. I think the Japanese Prime to set the pattern for the industry. f Minister would be wise to get a mes- Well, they did. Now Bridgestone/Fire- sage to the chief executive of stone has come in and said they want UNFUNDED MANDATES Bridgestone: sit down and try to iron to break that pattern. Mr. DORGAN. Mr. President, we will this thing out. One can understand if, in fact, the soon in this Chamber turn to unfunded I yield back my time to my col- workers are not productive, but as mandates bill, which is a piece of legis- league. And, again, I thank him for his Sherrie Wallace pointed out in her let- lation that has been worked on by the leadership on this. ter, they have become highly produc- Governmental Affairs Committee and The PRESIDING OFFICER. The Sen- tive. In fact, in March 1994, workers at by many Members of this Chamber. I ator from Iowa. Bridgestone/Firestone U.S. reached a wanted today to say a few words about Mr. HARKIN. Mr. President, how new high of 80.5 pounds per man-hour that legislation to try to indicate why much time do I have? and set an all-time record for pounds I support generally the subject, why I The PRESIDING OFFICER. Six and a warehoused, and the company boasts have worked on it in the Governmental half minutes. that it did it with 600 fewer workers. Affairs Committee, and why I think it Mr. HARKIN. Mr. President, I want So it is not a problem of either they is important that we pass the legisla- to thank my colleague from Illinois, are not making money or that the tion, but also why I think at the same again, for his strong support for trying workers are not productive. Just the time we ought to talk about all dimen- to inject some sanity and some reason- opposite is true. sions of this issue and why I intend to ableness into these negotiations to try What Bridgestone/Firestone is saying offer several amendments to it. to settle this strike at Bridgestone/ effectively is that their workers are no First of all, it is absolutely true that Firestone. more than pieces of machinery, to be it has been far too easy for Members of S 754 CONGRESSIONAL RECORD — SENATE January 11, 1995 the House and the Senate to decide and drive down the street drinking it with no strings. I could give a list of that they want to offer amendments whiskey, and do so within the law? programs for which we send billions, that will require someone out there in In my country, I hope that will not literally tens of billions of dollars, the country to do something, most spe- last very long. There is not a State in back to State and local governments in cifically a State and local government, this country that ought to allow drink- which they have the control over the but also the private sector, without ing and driving. Nine of them do. At spending and in which there are very any given thought about how much the least nine of them do not have laws few mandates, and in some cases none. mandate would cost. Too often, we prohibiting open containers in vehicles And I think, again, this is a two-way overlook the questions of what kind of or prohibiting the driver from drink- street. We need to work together. Let problems the mandate could cause, how ing. I would like to mandate in every us try to stop imposing unreasonable heavy the burden will be, and on whom State in this country that no matter burdens on each other, and let us all will it fall. where you are driving with your family act responsibly and all construct the Too often it has been easy to say on vacation, you know you are not kind of behavior in Government that ‘‘Here is what we impose, and you going to cross a State line and find in the American taxpayers expect us to worry about the rest of it. You worry the next State that someone is drink- have. about what it is going to cost.’’ ing whiskey and driving, or drinking The legislation itself is good. There Well, this legislation simply says beer and driving, and turning into a are a number of questions that will be that when we are prepared to impose a murderer because the driver is drunk. asked about it that I think ought to be mandate, we ought to be responsible I would like to mandate that, and I answered, and some were not answered enough to understand what it imposes have been trying. I have not been suc- in the Governmental Affairs Commit- on someone. What is the cost going to cessful, but someday I am going to. I tee. It is reasonable for us to under- be? do not think it is going to cost the stand exactly what we are doing even Then, if we impose a mandate on States that do not have this law a lot now, as we deal with mandates. So State and local government, we ought of money to decide they should comply there are a lot of questions. But when to say, ‘‘Here are the resources with with a reasonable mandate that you all the dust settles and the questions which you can do it.’’ ought not drink and drive in this coun- are answered, this legislation, I think, try. will be improved by some amendments. Senator DOMENICI and I wrote in this I indicated over in the Governmental Then the legislation will pass, and it legislation provisions that also include Affairs Committee that trouble runs on will pass with my vote because I have the private sector. It is not just may- a two-way street in this country on the helped write part of it, especially in- ors and Governors who are concerned subject of mandates, and I said to cluding the private sector. But I am about mandates. What about the pri- State and local folks who testified that going to offer a couple of amendments. vate sector? What about the business- I support this legislation for the rea- Let me describe the three of them. man and business woman who also get sons I have just described now here on One is, there is a commission de- socked with mandates? So there is in the floor of the Senate. But I also said scribed in this legislation to do some this legislation language which Sen- as I participate in efforts to reform the studying. It is a new commission. We ator DOMENICI and I wrote that in- way the Federal Government does busi- do not need a new commission. The Ad- cludes the private sector. We provide ness, we should and we will—and this visory Commission on Intergovern- that you must, when you bring legisla- bill will pass and will pass with my mental Relations, ACIR, which has ex- tion to the floor of the Senate, have vote—require State and local govern- isted for a long, long while—I have with that legislation an analysis by the ments to participate in reform as well. worked with it, in fact I was appointed Congressional Budget Office of what Mandates are a two-way street. Even to serve on it a couple of years ago—is this is going to cost the private sector. as we talk about the burdens we im- a commission existing to do precisely Let us vote with full information. pose upon them, there are officials out these kinds of things. We do not need Let us vote with more information in other levels of government—Gov- to construct or produce a new commis- than we have ever had in the past to ernors and others—who are plotting sion. Let us use the commission that understand what we are doing and what new ways they can hook their hose to exists. In fact, the ACIR was the com- burdens our laws are imposing on peo- the Federal tank and suck more Fed- mission in this legislation up until a ple around this country. eral dollars out of the Federal tank; few weeks ago and was replaced for rea- Some will, I suppose, support this how can they get more Federal dollars? sons I do not understand. So I will offer legislation in a manner designed to I will tell you one way. They have dean amendment to place it back in the suggest that everything Government cided to concoct phony schemes for legislation. does is largely unworthy. I do not be- provider taxes in Medicaid. Some Next, I am going to offer an amend- lieve that. We have done a lot of states tax their health care providers, ment that deals with a mandate that things, including imposing some man- which brings in more Federal Medicaid sort of gets under my skin. We have a dates that are worthy and important dollars. Then these states reimburse metric conversion act in this country. and that I would vote for again and their health care providers. In effect We are forcing America to go metric. It again and again. Would anyone here really the providers have paid no tax is not that I am living in the last cen- reasonably suggest that we should not and the only result is that the states tury. It is not that I am backward. It is have passed the Voting Rights Act? I increase the Federal deficit by sucking not that I fail to understand. I have do not think so. That imposed a man- more money out of the Federal trough. nothing against metric. I do not hap- date, and it was perfectly legitimate. It We are going to reform the way we do pen to care how many kilometers it is was our responsibility to do it. We did business. They ought to reform the to the next rest stop. So I do not want it, and I am proud of it. I can give you way they do business. It is not accept- them taking down the highway signs other examples. able to me to have people complaining telling me how many miles it is and My point is that some mandates are about unfunded mandates at the State putting up signs telling me how many important. Some mandates we ought to and local level and then to see them in kilometers it is. It does not matter to impose. I can tell you one I would like every conceivable way line up to see me. I want to know how long it takes to see imposed. I have been trying for how much they can pail out of the Fed- to get there, and I guess I can best years. Hopefully, I will get it done. I do eral trough and get more Federal mon- measure that by seeing how many not think it is going to cost anybody eys in their area, some of it with miles it is. very much. Do you know there are nine schemes that are fundamentally phony. We do not need a Metric Conversion States in this country where you can Well, my point is, yes, let us change; Act that we enforce through the Fed- get behind the wheel of your car and, let all of us change, not just the Fed- eral Government, through the Depart- with your right hand, put the key in eral Government but State and local ment of Transportation, that will take the ignition and, with the left hand, government as well. The fact is we send down all those green highway signs on hold a bottle of Wild Turkey or Old a substantial amount of money back to the interstate and replace miles with Crow or your favorite brand of whiskey State and local governments, some of kilometers. It is a terrible waste of January 11, 1995 CONGRESSIONAL RECORD — SENATE S 755 money. But more than that, in the interest rates, within 30 days of that But in recent years it has been too deep recesses of the bureaucracy, in decision they must send a report to easy. In recent years there has been a every agency, there is some metric Congress and a report to the President call for us to be more responsible, and conversion enforcement officer who is that tells us how much that action cost that is what this legislation says. Let now busy at work, scurrying some- us, what it cost the Federal Govern- us understand what this mandate is, where underneath a pile of paper, try- ment in increased debt service. who it costs and what it costs. If we do ing to figure out how to mess up the Incidentally, the Fed’s actions last understand, we will make this Senate a next project. year—again in secret, by the Fed, the better legislative body. In North Dakota, we are going to try central bankers who control the money I hope that next week when we really to build 20 little houses up on an Indian supply—their actions last year in- debate this bill, Senators will not tell reservation to house Indian Health creased the cost of debt service over us that this bill is just the way it has Service workers. Do you know what? the coming 5 years by nearly $125 bil- to be as it comes out of committee and Those 20 houses are held up. Do you lion. In other words, they, by their de- that they oppose all amendments. This know why? Because they have to be cisions, took back nearly one-fourth of bill is not perfect. I helped work on it built under the metric system; the deficit reduction savings that we and I know it is not perfect, and that is metrification. Twenty houses have to agonized over and debated and wrestled why I think we ought to have a free be built under the metric system. I over here on the floor of the Senate for and open exchange, agree to some have been trying for 3 months to get a months the year before. They did not amendments where amendments have waiver. You cannot do it. The bureauc- wrestle. They did not debate much. Ac- merit, and get this bill ready for final racy simply does not bend. tually, we do not know that because passage. We will have accomplished I am going to offer an amendment the door was closed. But I assume they something together as Republicans and that says let us suspend for 2 years the reached a consensus very quickly on Democrats, and we will be responding enforcement of the Metric Conversion behalf of their constituencies. They to what I think is a real problem. Act. Just suspend the enforcement of took back, by their action to increase Mr. President, with that I yield the it. Then let us have this commission interest rates, about $125 billion in def- floor, and I make a point of order a that is going to study the other things quorum is not present. get back to us and tell us what the icit reduction. Said another way, they took action to increase the Federal The PRESIDING OFFICER (Mr. Metric Conversion Act is costing us DEWINE). The clerk will call the roll. and why. Of what value is it to build a deficit by $125 billion because they increased the cost of paying for the Fed- The bill clerk proceeded to call the house using metric? It is more expen- roll. sive and takes longer in the planning. eral debt. But it was more than that. They increased the cost of home pay- Mr. GRASSLEY. Mr. President, I ask This makes no sense to me. I am going unanimous consent that the order for to offer an amendment, and I hope we ments for people who have adjustable rate mortgages. the quorum call be rescinded. add it to this bill, that we suspend for The PRESIDING OFFICER (Mr. 2 years the enforcement of the Metric My point is this. When the Federal Reserve Board meets and decides it is DEWINE). Without objection, it is so or- Act while the study is done, the study dered. which I hope will then convince us we going to mandate another interest rate ought not to be doing this. increase, I just say, within 30 days you NOTE Yes, parts of the private sector are have a responsibility to tell us and tell Due to a printing error, the following going metric because if you want to the President what this increase will statement from the RECORD of January compete in certain areas overseas you cost. The reason I make this sugges- 10 is reprinted in correct form at this ought to do it in metric measurements. tion is that I asked at a recent hearing point. of Federal officials what did this cost, The automobile industry does that f when they send cars overseas. I see your five or six interest rate increases nothing wrong with that. But we do last year? Do you know what was the A MAN OF MANY TALENTS— not have to use metric when we want cost of it, and who is going to pay it? SENATOR BENNETT JOHNSTON They had not studied it. to build a house on an Indian reserva- Mr. BYRD. Mr. President, Madison in So I am saying I would like the Fed tion. That makes no sense to me. the Federalist No. 53 states, in part, as to study it and give us a report. I will I am going to offer another amend- follows: ment, on the Federal Reserve Board. offer that amendment as well to this No man can be a competent legislator who The Federal Reserve Board imposes the legislation, and I hope that some of my colleagues will support that and that does not add to an upright intention and a ultimate mandate. In fact, I think next sound judgment a certain degree of knowl- week they will decide once again—clos- we could add that provision to the un- edge of the subjects on which he is to legis- ing their doors and in secret with their funded mandates bill. late. A part of this knowledge may be ac- brethren, the banking community, the Let me finish where I began on this quired by means of information which lie central bankers—decide to increase in- subject. This is a piece of legislation within the compass of men in private as well terest rates. And they will increase the that I believe will be supported by sub- as public stations. Another part can only be cost of paying for the Federal debt by stantial numbers in both political par- attained, or at least thoroughly attained, by the Federal Government. They will in- ties. Most of us understand it has been actual experience in the station which requires the use of it. crease the cost for State and local gov- too easy to impose mandates on others, ernments, and more important, they both State and local governments and, In the same Federalist paper, Madi- will increase costs on every American also, the private sector. There are man- son writes as follows: citizen. That is mandated. They are dates that are important, necessary, A few of the members, as happens in all going to mandate an increase in inter- and which I support. We would not such assemblies, will possess superior tal- est rates that will cost every American want, I believe, in this country, to de- ents; will, by frequent reelections, become citizen additional money. cide we will retreat on the question of members of long standing; will be thoroughly masters of the public business, and So I am going to offer an amendment child labor. We have child labor laws perhaps not unwilling to avail themselves of that is very simple but will give them prohibiting the hiring of 12-year-olds those advantages. The greater the proportion an apoplectic seizure, I am sure, be- and paying them 12 cents a hour. We of new members and the less the information cause even if you suggest somehow would not want to retreat on that. We of the bulk of the members, the more apt that they are maybe a part of America would not want to retreat on the issues will they be to fall into the snares that may and we ought to understand what they of worker safety. Should we have a safe be laid for them. are doing behind those closed doors, workplace? Should we have child labor Mr. President, I speak today of a they say you are Fed bashing. I am not laws? There are dozens and dozens of Senator who has demonstrated supe- Fed bashing. But I am going to offer an things that we have done that helped rior talents, a Senator with 22 years of amendment that says when the Federal create a better country. They are im- experience in this body—Madison, hav- Reserve Board meets in secret to de- portant and they have been in man- ing referred to men of ‘‘superior tal- cide once again they want to increase dates. ents’’ and also to the advantages of S 756 CONGRESSIONAL RECORD — SENATE January 11, 1995

‘‘experience’’—and BENNETT JOHNSTON I breathed a song into the air; The PRESIDING OFFICER. The is that man of whom I speak. It came to earth, I knew not where, clerk will report. There is no department of public life For who has sight so swift, so strong The assistant legislative clerk read That it can follow the flight of song? in which the test of man’s ability is as follows: Long, long afterwards, in an oak, more severe than service in this body. The Senator from New Jersey [Mr. LAU- Little deference is paid to reputation I found the arrow still unbroke, And the song, from beginning to end, TENBERG] proposes an amendment numbered previously acquired or to eminent per- I found again in the heart of a friend. 15. formances won elsewhere. What a man Mr. President, I yield the floor. Mr. LAUTENBERG. Mr. President, I accomplishes in this Chamber, he does ask unanimous consent that reading of so by sheer force of his own character f and ability. It is here that one must be the amendment be dispensed with. WAS CONGRESS IRRESPONSIBLE? The PRESIDING OFFICER. Without prepared to answer for the many tal- THE VOTERS SAID YES ents or for the single talent committed objection it is so ordered. to his charge. Mr. HELMS. Mr. President, anyone The amendment is as follows: even remotely familiar with the U.S. BENNETT JOHNSTON came to this body At the appropriate place in the bill insert Constitution knows that no President 22 years ago as a man of many talents. the following new section: can spend a dime of Federal tax money He did not wrap his talents in a napkin that has not first been authorized and SEC. . REDUCTION OF PAY OF MEMBERS OF or hide them in the earth, as both Luke CONGRESS IN EVENT OF SEQUES- appropriated by Congress—both the the Physician and Matthew make ref- TRATION. House of Representatives and the U.S. erence, but he put them to use that (a) IN GENERAL.—Section 601(a) of the Leg- Senate. they might bear increase for his State, islation Reorganization Act of 1946 (2 U.S.C. So when you hear a politician or an for his country, for the Senate, and for 31) is amended— editor or a commentator declare that his fellow man. He has proved himself (1) in paragraph (1) by striking out ‘‘as ad- ‘‘Reagan ran up the Federal debt’’ or justed by paragraph (2)’’ and inserting in lieu to be a superior legislator. I have that ‘‘Bush ran it up,’’ bear in mind served with him these 22 years on the thereof ‘‘as adjusted by paragraphs (2) and that it was, and is, the constitutional (3)’’; and Committee on Appropriations. He has duty and responsibility of Congress to (2) by adding at the end thereof the follow- proved himself to be a man with cour- control Federal spending. Congress has ing new paragraph: age, with vision, with conviction, a failed miserably in that task for about ‘‘(3)(A) The annual rate of pay for each po- man who is diligent in his work and 50 years. sition described under paragraph (1) shall be faithful to his oath of office. The fiscal irresponsibility of Con- reduced (for the period beginning on the ef- As the chairman of the Senate Com- gress has created a Federal debt which fective date under subparagraph (B)(i)(I) mittee on Appropriations during the stood at $4,798,792,100,063.36 as of the through the end of the fiscal year in which last 6 years, I found him always to be close of business Tuesday, January 10. such adjustment takes effect) by the per- conscientious and a man of his word. Averaged out, every man, woman, and centage necessary to reduce the total annual pay for such position by the uniform per- Fully aware of the admonition by child in America owes a share of this Polonius that ‘‘those friends thou hast centage determined under— massive debt, and that per capita share ‘‘(i) section 251(a)(2) of the Balanced Budg- and their adoption tried, grapple them is $18,216.30. to thy soul with hoops of steel,’’ it is et Emergency Deficit Act of 1985 (2 U.S.C. f 901(a)(2)) in any fiscal year in which there is with pride that I call BENNETT JOHN- a sequester under section 251 of such Act; STON friend. It is with sincere sadness CONCLUSION OF MORNING ‘‘(ii) section 252(c)(1)(C) of the Balanced that I have heard of his decision and I BUSINESS Budget Emergency Deficit Act of 1985 (2 regret that, with the passing of these The PRESIDING OFFICER. Morning U.S.C. 902(c)(1)(C)) in any fiscal year in final 2 years of his term, the Senate business is now closed. which there is a sequester under section 252 will have witnessed the departure of f of such Act; and one who has effectively toiled here in ‘‘(iii) section 253(e) of the Balanced Budget its vineyards and who has earned the CONGRESSIONAL ACCOUNTABILITY Emergency Deficit Act of 1985 (2 U.S.C. respect and admiration of his col- ACT 903(e)) in any fiscal year in which there is a leagues. The people of the State of The PRESIDING OFFICER. Under sequester under section 253 of such Act. Louisiana chose well when, by the ex- ‘‘(B)(i)(I) An adjustment under subpara- the previous order, the Senate will now graph (A) shall take effect on the first day of ercise of their franchise, they sent him resume consideration of S. 2, which the here. Someone will be selected to take the first applicable pay period beginning on clerk will report. or after the date on which an intervening his place, just as someone will, in due The assistant legislative clerk read time, stand in the place of each of us election of the Congress occurs following the as follows: sequester. here. A bill (S. 2) to make certain laws applica- ‘‘(II) Effective on the first day of the first After he lays down the mantle of ble to the legislative branch of the Federal applicable pay period beginning on or after service, we shall feel the same revolu- Government. October 1 of the fiscal year following the fis- tion of the seasons, and the same Sun The Senate resumed consideration of cal year in which an adjustment to effect and Moon will guide the course of our the bill. under subclause (I), the rate of pay for each year. The same azure vault, bespangled The PRESIDING OFFICER. Under position described under paragraph (1) shall with stars, will be everywhere spread the previous order, the Senator from be the rate of pay which would be in effect if not for the provisions of this paragraph. over our heads. But I shall miss him, New Jersey [Mr. LAUTENBERG] is recog- just as I know others will miss BEN- nized to offer an amendment, in which ‘‘(ii) If more than one adjustment would take effect on the same date in accordance NETT JOHNSTON. Other opportunities there will be 20 minutes under the con- will come to him, other horizons will with clause (i)(I), each applicable percentage trol of the Senator from New Jersey determined under subparagraph (A) (i), (ii), stretch out before him, and he will sail and 5 minutes under the control of the his ship on other seas. and (iii) shall be added, and the resulting Senator from Iowa [Mr. GRASSLEY]. percentage shall be used in making a single Erma and I will miss BENNETT and Mr. LAUTENBERG. Mr. President, I adjustment.’’. Mary, but the memories of these past thank the Presiding Officer. (b) REGULATIONS.—The Secretary of the years during which we have been AMENDMENT NO. 15 Senate and the Clerk of the House of Rep- blessed to render service together to (Purpose: To reduce the pay of Members of resentatives may prescribe regulations to the Nation will always linger in our Congress by the same percentage as other carry out the provisions of this Act relating hearts. spending is reduced in any sequester to the applicable Members of Congress. I think of lines by Longfellow as caused by the failure of Congress to meet being appropriate for this occasion: budget limitations on spending, or the budget deficit) I shot an arrow into the air; It fell to earth I knew not where, Mr. LAUTENBERG. Mr. President, I For so swiftly it flew, the sight send an amendment to the desk and Could not follow it in its flight. ask for its immediate consideration. January 11, 1995 CONGRESSIONAL RECORD — SENATE S 757 (c) EFFECTIVE DATE.—This section shall ordinary citizens should be cut, veter- wealthy at the same time we have take effect on the date of enactment of this ans’ services should be cut, senior citi- heard promises of huge cuts in total section. zens’ Medicare should be cut, student Government spending. Apart from a Mr. LAUTENBERG. Mr. President, loans should be cut; the unemployed few small symbolic programs proposed this amendment is fairly simple. It job training should be cut, but congres- for elimination, we have not heard would include Members of Congress in sional salaries, those are sacrosanct, much of the details. We do not know actions that result from missing budg- not to be touched.It is not right. If the whose benefits will be cut. We do not et targets that have been set forth public knew more about it, they would know whose programs will be elimi- under the Budget Act. It would say perhaps be even angrier than they al- nated. that if we miss the targets specified ready are. Mr. President, if Congress locks itself and a sequester takes place, reductions Mr. President, I have been bothered in too tightly in overall spending caps, in accounts across-the-board, or on a by this double standard for some time. and then refuses to make the tough de- specific account, that we would also in- In the last Congress, I introduced legis- cisions to cut specific programs, what clude Members’ salaries; that we would lation to eliminate this double stand- will happen? Well, one likely result therefore cut, on a like proportion ard. I called it the Congressional Over- will be a sequester. That possibility basis, the salaries of Senators and spending Pay Accountability Act. It looms larger now than it has in many Congresspersons if the Congress failed was designed to do what its name sug- years. to achieve its budgetary targets of lim- gested: Hold Members of Congress ac- Mr. President, there is a lot of debate its on Government spending. countable if they overspend and if they now going on about a balanced budget The amendment would eliminate a violate their own budget rules. amendment. The reason that that has defect in current law that excludes This amendment is based generally developed is because all of us, whether congressional pay from across-the- on that earlier bill. I offer it today be- one is a supporter of the balanced board cuts or sequesters when spending cause the Congressional Accountability budget amendment or not, are anxious limits are exceeded. Act is the ideal vehicle for solving this to bring this budget of ours under con- Mr. President, the central purpose of problem. After all, this bill is about trol. So we are resorting to techniques, the pending bill, the congressional re- eliminating double standards. And the sponsibility bill, is to create the same loophole that protects Members’ sala- we are resorting to programs instead of standards for Members of Congress as ries from spending cuts is the ultimate thoughtful planning on how to do it. those applying to other citizens. The double standard. Unfortunately, in its What we are saying is let us pass the bill says that if we are going to impose current form, this bill does nothing balancing on to an amorphous struc- laws on ordinary Americans, we are about it unless this amendment is ture, something that says if we cannot going to have to live up to those laws adopted. do it—and I think it is a blink of the we in the Congress, we in the Senate, So the amendment is very simple. It eye, because we can do it—if we cannot the same laws as we ask our constitu- says that if Congress overspends, the do it, let them do it. ents to obey. That is an important pay of each Member of Congress shall The case of the balanced budget principle, Mr. President, and it is why be reduced by the same amount as all amendment obviously, at one point I strongly support the underlying bill. other affected spending. For example, along the line, falls to the courts to Unfortunately, the pending legisla- if we exceed discretionary spending pick up the responsibilities. So I want tion does not put Congress and the pub- targets and trigger a sequester of 5 per- to establish the fact—and I think my lic on even par, at least in one very im- cent, Member pay for that next year colleagues will agree—that we, too, are portant respect. In fact, one double will be cut 5 percent, as well. If the seat risk in some way if we fail to do standard in place would absolutely sur- quester cuts other programs by 1 per- what we tell the public we want to do. prise the American people if they were cent, then the pay of Members of Con- Mr. President, there will be handouts more aware of it. And I will take a mo- gress will be reduced by 1 percent. I to the rich. They will be paid for in the ment to explain. think it is important that if a target is end. There is a good chance that they Under the Budget Act, if Congress ex- missed, the pain be distributed equally. will be paid for by ordinary Americans, ceeds certain limits on spending or When cuts are made in programs, op- whose Medicare and other benefits are fails to meet legally-established deficit portunities for education or health subject to significant across-the-board targets, then the act may mandate care are reduced. I think, somehow or cuts. The question I ask is, will Mem- automatic across-the-board spending other, we in the United States Con- bers of Congress feel their pain? Under cuts to assure that we maintain fiscal gress ought to feel it some way other the present structure, it does not look discipline. These across-the-board cuts than putting a pencil to the paper. that way. The meat ax may fall, but are known as sequesters and they can We are recommending this amend- our heads will not be in the guillotine. apply to a very broad range of Federal ment. I hope all of my colleagues will The blood on the floor will be the blood programs and benefits. support it. I think it is a show of good of lots of ordinary folks who have Let us make no mistake. If Congress faith. I think, otherwise, it smacks a worked hard, played by the rules, and overspends under the Budget Act, ordi- little bit of hypocrisy to say we do not tried to make ends meet; but, once nary Americans get hurt in the proc- want our pay cuts, but we want every- again, they will be asked to make or ess—veterans can lose benefits they body else’s programs cut. I think it told that they are the ones who will earned while fighting for our country; does not ring a very true signal for the make the sacrifice. senior citizens with health problems American people. This amendment pro- Mr. President, I am hopeful the rea- can lose services under Medicare; mid- poses to treat Members of Congress son we will prevail and we will avoid dle-class students can lose the opportu- just like all other ordinary Americans that kind of fiscal irresponsibility is nities that student loans afford; and who get hurt when the Budget Act the threat is real. If the ax falls, Mem- citizens living constantly these days in mandates across-the-board cuts. I be- bers of Congress should risk their fear can lose the protection of addi- lieve that is only fair. necks, as well. Mr. President, even if tional law-enforcement personnel. We have not heard a lot about se- we never have another sequester, we And yet, while ordinary Americans’ questers lately, Mr. President. In the should eliminate the loophole for Mem- programs are put on the chopping past, we have seen sequesters as high bers’ pay. It is a matter of principle. It block, when their health, their secu- as 5 percent, such as the one that re- is the exact same principle, the prin- rity, and their educations are put at duced the military budget by that ciple that motivates this bill. Members risk, guess who it is that gets off scot- amount in 1986. Recently, Congress has of Congress are citizens, like everybody free? That is right. Members of Con- complied with the Budget Act and has else. When we violate our own budget gress. Their pay is protected, no mat- made a lot of tough choices. The threat rules, we should not give ourselves any ter what happens. of sequester has now increased substan- special exemptions. Mr. President, there is something tially. Many in this town are intent on The staff that joins us here in this wrong with saying that, if Congress both increasing military spending and room, that supports Senators in their violates the Budget Act, benefits for providing huge tax breaks to the offices and supports Senators in their S 758 CONGRESSIONAL RECORD — SENATE January 11, 1995 committees—hard-working people, peo- The PRESIDING OFFICER. That is chairman of the Budget Committee, ple who want to do a job and get a de- my understanding of the unanimous- the budget will be discussed in this cent day’s pay—wants to know that consent agreement, yes. body, and that is the appropriate place their pensions are secure when it Mr. GRASSLEY. I allocate myself for the Senator from New Jersey to comes time to retire. If there is a se- such time as I may consume out of the offer his amendment. quester, they feel it in their paychecks 5 minutes. It gives me an opportunity to empha- when the legislative budgets are re- The PRESIDING OFFICER. Does the size then, as I said once today, and I duced. That risk ought to be applied to Senator from New Jersey withhold his have said each and every day this bill those who are writing the bills. We quorum call? has been up, that we are on our fifth ought to cut our pay to the same ex- Mr. GRASSLEY. Has the Senator day on a bill that the House of Rep- tent that anyone else who works for yielded the floor? resentatives passed in 20 minutes on the Government might get cut if a se- Mr. LAUTENBERG. Yes. their first day of the session. If there quester takes place. The PRESIDING OFFICER. The Sen- was one clear message in the last elec- Mr. President, if we are serious about ator from Iowa. tion, it was that we should no longer reform, this amendment should pass Mr. GRASSLEY. Mr. President, first have business as usual, and particu- overwhelmingly. I think that as each of all, from the standpoint of a philo- larly this issue of the applicability of of the Members comes up to the well sophical approach to what the Senator laws that Congress has exempted itself and announces their vote, that it is im- from New Jersey is trying to espouse, from to Capitol Hill. That was a major portant the public be aware of the fact as his amendment does, I have affili- issue in the last campaign. that if they vote ‘‘no,’’ or vote against ated myself in the past with some at- There is hardly a freshman Member this amendment, that what they are tempts—this is the first time I have of this body that has not told me that saying is the old expression that kicks heard this approach used—but I have in every one of their campaigns—I am around here, ‘‘Do not tax you and do offered amendments or cosponsored talking about the people that were not tax me, tax the guy behind the amendments myself that would say newly elected on November 8—there is tree.’’ That is what we are saying if there should be no pay raise for Mem- not a one that said this was not a cen- this amendment fails to pass. I am bers of Congress until we get the budg- terpiece of their campaign. Do not take hopeful that we will see it pass, be- et balanced. it from those of us who have been in cause I think it is an important dec- I think the Senator from North Caro- this body a while. Take it from those laration of principle to the American lina [Mr. HELMS] has offered an amend- who bring some inspiration to this people. I think it says to them that we ment on the floor of this body before body to show the people of this country are in the same boat as they are. that I voted for that probably would that this body is not going to continue It is a privilege to serve in this body. have cut our salary a certain period of to act business as usual, ignore the will We are privileged and honored to have time until we got to a balanced budget. of the people and do our own agenda, the responsibility of writing the laws I voted for that. So I am not unsympa- because the agenda was set by the that make this country a better place thetic with what the distinguished American people in this election—and to live. We will be able to put our im- Senator from New Jersey is trying to this bill, this underlying piece of legis- primatur, our signature on this, if we accomplish. But I can say this in relation that we are dealing with and adopt this amendment. gard to the underlying legislation: The will hopefully pass at 5 o’clock this Mr. President, I ask for the yeas and underlying legislation attempts to, and afternoon, the Congressional Account- nays. I think successfully does, apply the ability Act, where we cover ourselves The PRESIDING OFFICER. Is there a laws to Congress that we have exempt- by the laws we have exempted our- sufficient second? ed ourselves from that presently and selves from in the past. There is a sufficient second. for, in some instances, five decades So, I am asking my colleagues not to The yeas and nays were ordered. have applied to the private sector, so reject the substance of what the Sen- Mr. LAUTENBERG. Mr. President, I that we no longer have a system of a ator says, the author of this amend- ask the Chair, how much time is re- double standard in America: One set of ment, but to reject it for the time maining on my side? laws is for Congress and another set of being, and consider it again when the The PRESIDING OFFICER. The Sen- laws is for the rest of the Nation. budget comes up the first week in ator has 5 minutes remaining. That principle underlying this legis- April. Mr. LAUTENBERG. If a quorum call lation then is the main argument for I yield the floor. is put in place, how is the time our not agreeing to the amendment of Mr. LAUTENBERG addressed the charged? the Senator from New Jersey, because Chair. The PRESIDING OFFICER. It re- he imposes the requirement of seques- The PRESIDING OFFICER. The Sen- quires unanimous consent at this time tration on the rest of the budget to the ator’s time on this amendment has ex- to put in the quorum call. The Senator salaries of Members of Congress. We pired. The Senator from New Jersey. must specify how the time would be are dealing totally within the public Mr. LAUTENBERG. Mr. President, I split. sector here. It has nothing to do with listened very carefully to the Senator Mr. LAUTENBERG. Mr. President, I the application of laws that apply to from Iowa because he is someone who suggest the absence of a quorum. I the private sector on Congress from is very thoughtful. We served together have pledged to the majority leader which laws we have been exempt, be- on the Budget Committee. He is con- that he will have 5 minutes, I think it cause the Federal budget, as an instru- cerned about what takes place in terms is, to make his remarks. We will have mentality of public policy, does not of our acts related to the budget. I the time run on our side of the clock. apply to the private sector. know that he is sincere when he makes The PRESIDING OFFICER. Is there So, basically, the same argument can the case for having this done at a later objection to the request? be used against the amendment of the time. Mr. GRASSLEY. Reserving the right Senator from New Jersey that has been I respectfully, however, disagree with to object. I did not hear the unani- used against the amendments that my friend from Iowa because I think, mous-consent request. Was there one? have been proposed from the other side A, that there will be no delay in terms Mr. LAUTENBERG. There is. The of the aisle on Thursday and Friday of of final consideration of this bill. There unanimous-consent request is, if I may, last week, Monday and Tuesday of this is a unanimous-consent order that is Mr. President, that a quorum call be week and now we are in the fifth day of for this evening, and any single Sen- fully charged to our side because the discussing a bill. It is unrelated. It is a ator can prevent that order from being majority leader has a commitment subject worthy of discussion, what the altered in any way. So the vote will under the previous order of a 5-minute Senator brings to our attention, but take place. So there is no further delay response. not on this legislation. So, con- that is going to be caused by this Mr. GRASSLEY. That is OK with me. sequently, not this time. In the first amendment. Mr. President, I have 5 minutes under week of April, according to the Senator I think that it is quite clear that my control? from New Mexico, the distinguished now—and I once again agree with the January 11, 1995 CONGRESSIONAL RECORD — SENATE S 759 distinguished Senator from Iowa—that the future when we do adopt germane- some of which were not: Civil Rights we now are saying that this House, this ness rules so we can keep a lot of extra- Act of 1964, Age Discrimination, Ameri- body is subject to the same laws that neous legislation off of the floor. cans With Disabilities Act, Rehabilita- we write for everybody else, and I agree What I wanted to say in addressing tion Act, all under antidiscrimination; with that. Therefore, in my view, this our side of the aisle in particular on under public services and accommoda- is the perfect opportunity to say not this bill, we had a number of amend- tions under ADA: title II, Americans only will we obey the laws, in terms of ments and people lost on those amend- With Disabilities; title III, Americans our performance of our functions with- ments. We did not succeed in passing With Disabilities; workplace protection in our offices, but we are also going to any of them. Sometimes when you get laws: Fair Labor Standards Act regula- take a personal hit if something goes into debate in the Chamber, it gets tions to be promulgated that will track awry if we do not plan carefully enough into a rather heartfelt situation. We executive branch regulations on people to meet the budget targets that we have issues about which people care that work irregular schedules or whose have set. very strongly, and they are not willing schedules depend directly on the Sen- That law has been in place now I to give up easily. And there is a tend- ate schedule, OSHA laws, Family and guess for 7 years—1986, I am reminded, ency sometimes to vote against the un- Medical Leave Act, Employee Poly- 8 years, 9 years now—and we have had derlying legislation because people are graph Protection Act, Worker Adjust- a couple of sequester years. But we in a state of semipique or disagreement ment and Retraining Act, Veterans Re- have not had as much of a likelihood or unhappiness because their particular employment Act. Under labor-manage- that a sequester ax will fall as we have amendment, which may or may not ment relations, chapter 71 of title V facing the next year’s budget, because have been germane, did not pass. will apply now. everyone knows that we are trying to Now, I hope if we have anyone on our So all of these are laws that we now squeeze things down. In the process, if side of the aisle who is taking that at- say will apply, and we give a very spe- we miss those targets, we are going to titude and plans to vote against this cific grievance process that employees have a sequester. bill because their particular amend- can use to address whatever problem Once again, to overstate the case per- ment was not accepted, we can con- they are having or however they feel haps, I think that if the American peo- vince them to put aside that attitude ple’s programs—and we are not nec- and vote for this bill. they are being discriminated against or essarily talking about the private sec- I think this bill is right. I think it is dealt with unfairly. tor, we are talking about the public fair. There are a couple of things that So it covers everything. And second, sector, we are talking about senior are addressed by this bill. One is the it provides this grievance process citizens, we are talking about veterans, perception out there in the country which we have not had before that we are talking about students—if those that somehow we are above the law; takes care of some of the objections programs are diminished, then I see no that we treat ourselves differently, and our Members have had through the earthly reason why our salaries should that is a perception, of course, about years about this separation of powers not reflect some adjustment for that which we all must be concerned. from one branch of Government to the year that corresponds with the reduc- But second, the importance of this other. tion in programmatic dollars that bill, quite apart from dealing with per- Mr. President, I see our distinguished might be available. ceptions, it seems to me, is that you colleague from Nevada in the Chamber, So, Mr. President, I conclude my re- come back to the question, is it right and I am happy to yield to him any- marks. I yield back the remainder of or is it wrong that we pass this legisla- time he is ready to go. I was filling in my time and hope that we will adopt tion? And I say it is right because what momentarily here with some com- this amendment. it does, it gives the same protection to ments to people on our side of the aisle The PRESIDING OFFICER. Does the our own Hill employees, those who while the Senator prepared. Senator yield back his time? work for us on Capitol Hill, that we Mr. COHEN. Will the Senator yield? Mr. LAUTENBERG. I do. have passed here in years past and said Mr. GLENN. Yes. Mr. GRASSLEY. I yield back my it is good for the rest of the country; Mr. COHEN. Mr. President, I just time. we want to protect the workers out want to take a moment to commend The PRESIDING OFFICER. All time there with OSHA laws and we want fair the Senator from Ohio for his state- has expired. employment laws and the right to or- ment urging his colleagues to support Mr. GLENN addressed the Chair. ganize—all these things that we say, this legislation notwithstanding the The PRESIDING OFFICER. The Sen- yes, sir, under the American justice defeat of a number of amendments that ator from Ohio. system, this is right for the rest of the were offered and rejected. Mr. GLENN. Mr. President, under the country. I would say if it is right for I might say, just speaking for myself, unanimous-consent agreement, what is the rest of the country and if people that a number of the amendments the next order of business? need that kind of protection out there which were offered, were they to be of- The PRESIDING OFFICER. The next or have rights that need protection, fered as free-standing legislation, prob- order of business will be the Senator then our Hill employees have those ably would enjoy broad bipartisan sup- from Nevada will be recognized. same rights and to treat them fairly we port. But we should be clear about Mr. GLENN. Mr. President, we will need to pass this kind of legislation. what is taking place. There is a mo- check and see if he is on the way over, Mr. President, I was asked earlier mentum that has started in the House and while he is on the way over I might today by one of the leading reporters of Representatives. There is the Con- make some remarks particularly ad- here that covers the House and covers tract with America that the majority dressed to people on our side of the the Senate on a regular basis, just in the House and the Senate would like aisle in that we on the Democratic side what difference does this bill make? to see brought to the floor for debate are the ones who have had the amend- Well, I think in some areas it makes a and disposition. The majority is deter- ments on this legislation. substantial change and in some areas it mined during that first 100 days to do The distinguished majority leader, does not. Through the years, we have whatever it can to facilitate that. Senator DOLE, was able on his side to provided some protections in laws in a Now, given the fact that we have dif- convince everyone to keep amend- rather haphazard manner, and the hap- ferent rules in the Senate than in the ments off, with the idea of treating hazard manner has extended also to the House, they can act much more expedi- this whole thing expeditiously and get- process by which an employee could tiously than we can in the Senate. The ting it through. I certainly share his file a grievance of some kind and have Senate was not designed to act in that desire. it dealt with, with various procedures. fashion. In fact, this institution was At the same time, it is within the So what this bill does is to two designed to slow things down so we right of every Senator to put forward things. One, it takes all of these dif- could have more careful deliberation amendments under Senate rules, ferent laws—in fact, under the anti- than the other body. whether germane or not. And I do per- discrimination laws we apply four laws, I must say that even though amend- sonally think there will come a time in some of which were covered before, ments were offered and rejected, it did S 760 CONGRESSIONAL RECORD — SENATE January 11, 1995 not necessarily reflect upon their re- wildfire and then the shattering logged 530 accident calls. That is more spective merits. I would hope that the Northridge earthquake. The 1-year an- than five times the normal level, and Senator’s colleagues would heed his niversary of the Northridge earthquake by early afternoon had dealt with al- call for support for the underlying leg- will be this coming Tuesday, January most 500 disabled vehicles just in islation, not only, as he indicated, be- 17. southern California alone. cause if a law is right for others it As we evaluate the recovery and ex- What is clear is that in many areas of should be right for us. We should also penditure of nearly $11 billion of Fed- the State near-record levels of rain recognize that the motivation for this eral funding that has been committed have fallen with devastating con- legislation was not only to impose a to disaster relief in that earthquake, sequences. Let me describe some exam- sense of equity but also a sense of re- record levels of rain are falling in Cali- ples of just what the State is facing. In ality. fornia and have been since late last the Russian River area of northern Someone once described Washington week, flooding rivers, washing out California, the entire business district as being a city of marble surrounded on roads, causing mud slides, knocking and hundreds of homes in the commu- four sides by reality. That is what has out electricity and water supplies, and nity of Guerneville in Sonoma County been missing for the most part in affecting the lives of hundreds of thou- have been underwater for the last few terms of the reality of the con- sands of people throughout the State. days. The Russian River has swelled to sequences of what we do. We pass legis- So I rise today, Mr. President, to give record flood levels. According to the lation from the very highest of motiva- a brief status report on that record U.S. Geological Survey, Monday’s tions. We are trying to help people who rainfall and flooding. water flow in the Russian River was are in need of help. We are trying to To begin with, I have been in contact the highest ever recorded. The word improve workplace safety; we are try- with FEMA Director James Lee Witt, from California this morning is that ing to improve the health and well- who is currently in California, and my the river has begun to recede back to being of our constituents; we are try- State staff is on alert to provide what- normal levels. However, Sonoma Coun- ing to do many things on behalf of ever assistance they can. In addition, ty has been without water, and the other people. Yet we do not necessarily Transportation Secretary Pen˜ a, Hous- State is bringing water in. Everybody do so in a way that is reflective enough ing Secretary Cisneros, and Federal is being urged to boil their water. of the consequences that must be borne Highway Administrator Slater are on a All 2,800 residents of Hamilton City by others that we do not have to bear 1 o’clock flight today to California to in Glenn County were evacuated as the ourselves. assess what additional Federal assist- Sacramento River rose 3 feet above So this is not only an issue of equity. ance will be necessary in the days and flood stage. People literally are I think it really is motivated prin- weeks ahead. kayaking down the main business cipally from an issue of reality—that Although the spirit in my State may street, State Street, in downtown we will be more aware of the con- be temporarily dampened, I am really Santa Barbara. sequences of what we are about to do if confident that Californians will once Many of the communities still recov- we are forced to live under the same again show the resilience and the de- ering from last year’s earthquake and rules. So I would urge my colleagues to termination that we have shown in the severe wildfires have been particularly support the recommendation of the past and that we will overcome this hard hit, such as Malibu and many of Senator from Ohio that, notwithstand- disaster as we have the others. Califor- the canyons in southern California. Ev- ing the rejection of the amendments nians have come together in times of erything that was a river or a creek which were offered, they lend their sup- disaster, and we will do so once again. yesterday is a flood basin today. The port to this measure. Last night, at about 11:30 p.m. east- Pacific Coast Highway from Malibu to Mr. GLENN. Mr. President, I appre- ern time, less than an hour after a re- Santa Barbara has been closed due to ciate very much the comments of my quest from Gov. Pete Wilson, President mud slides. distinguished colleague from Maine. Clinton declared a Federal disaster for Pepperdine University and local busi- Mr. President, I understand that the 24 of California’s 58 counties. I thank nesses in the Malibu canyon are closed Senator from Nevada is ready and I the President on behalf of California due to flooding. The Pepperdine cam- think he was awaiting the arrival of for quickly declaring this emergency pus was used for helicopter evacuations the distinguished majority leader, who so individual disaster assistance funds of residents in the surrounding canyon. was to have a colleague with him, on could begin flowing. Fortunately, but not for lack of prac- the subject that he will present. FEMA started taking calls for disas- tice, the local, State, and Federal re- Until the majority leader arrives, I ter assistance as early as this morn- sponses are timely and effective. The suggest the absence of a quorum. ing. For those that might be watching State Office of Emergency Services The PRESIDING OFFICER (Mr. C–SPAN, FEMA encourages all disaster under the direction of Richard Andrews SANTORUM). The clerk will call the roll. victims to call this number, 1–800–462– quickly established a state operations The legislative clerk proceeded to 9029, for information and to register for center to coordinate State assistance. call the roll. Federal assistance. The California National Guard has ac- Mrs. FEINSTEIN. Mr. President, I Preliminary estimates of the damage tivated 75 trucks, helicopters, boats, ask unanimous consent that the order are as follows: At least six people are and 300 personnel, conducting rescue for the quorum call be rescinded. dead; over 1 million have been affected and evacuation operations in seven The PRESIDING OFFICER. Without by power outages up and down the counties. objection, it is so ordered. State. Very preliminary damage esti- FEMA Director James Lee Witt, al- Mrs. FEINSTEIN. Mr. President, I mates exceed $50 million as of now. ready in California, is remaining in the ask unanimous consent that I may pro- This will undoubtedly rise as the wa- State to coordinate the Federal disas- ceed as in morning business. ters recede and a full assessment of ter response. FEMA damage assess- The PRESIDING OFFICER. Without damages is made. Thousands of people ment teams have been on the ground objection, it is so ordered. have been evacuated from their homes. since the weekend, though much of this Mrs. FEINSTEIN. Thank you very According to news reports, California work is impossible until the water fi- much. has been hit with 6 months’ worth of nally recedes after the final rainfall. f rain in 10 days. Last night I talked We do not know when that will be. with Dr. Joe Friday, the Director of FEMA has been requested by the State CALIFORNIA FLOODS the National Weather Service, and he not to establish disaster assistance Mrs. FEINSTEIN. Mr. President, I stated to me that although there is a centers. All financial assistance to peo- thought it might be in order to give a brief respite today, heavy rains are apt ple will be done by teleregistration, very brief status report on the condi- to continue through the weekend. More through the number that I gave earlier. tion of the flooding in the State of than 50 major highways and freeways I would like to repeat it once again. California. It is a strange and alto- and hundreds of roads are closed due to Anyone who is a victim of the flood gether tragic irony that just about 1 flooding. In one 7-hour period yester- and wishes either information or as- year ago southern California was hit by day, the California highway patrol sistance should call 1–800–462–9029. The January 11, 1995 CONGRESSIONAL RECORD — SENATE S 761 system is in place right now and will be the floor this week that I think spoke a minimum, Members of Congress taking calls for as long as necessary. to the heart of accountability. Many, ought to make clear the huge cuts that Personnel have been deployed from many Senators have been talking would be required by the balanced FEMA’s Infrastructure, Individual As- about reform. I just want to summarize budget amendment before we vote on sistance, and Hazard Mitigation Pro- for a moment the record. it. By and large, that vote on the Ford grams to California to begin work with There was the Wellstone-Levin- amendment was also a party-line vote. State and local officials. Feingold-Lautenberg lobbyist gift ban. Again, what Senator EXON was trying As I mentioned, Secretaries Cisneros One of the central political reform to say for those who were for the con- and Pen˜ a are on their way now to Cali- item agendas, Mr. President—along stitutional amendment to balance the fornia to decide what additional assist- with lobby registration and real cam- budget—I am not—is please be direct ance might be warranted. I will work paign finance reform—and this was ta- and honest with people and let us be closely with my colleague, Senator bled on virtually a party-line vote. clear about how we propose to get BOXER; my colleagues in the House; This was, once again, an amendment there. It was voted down on what was, and you, Mr. President, and others in that was connected to what all of us by and large, a party-line vote. the Senate. Over 30 congressional dis- have said we are about, which is to end There was the Kerry amendment to tricts in California have been affected this taking of gifts, expensive meals, prohibit the personal use of campaign by this disaster, and we, together, will and vacation travel from lobbyists and funds. It would have imposed tough make sure that Federal response is other special interests. I believe the new rules to prevent abuses by some swift, effective, and complete. Senator from Michigan, the occupant Members of Congress in this area, in- My heart goes out to the families of the chair, was actually one of the cluding the leasing of cars for essen- that have members who have perished few from his side who voted for this. tially personal use in the Washington in this, our latest disaster, and to the But with the exception of the Senator area, paying for recreational travel, many thousands of people that have from Michigan and a couple of other meals, and the like. Again, this amend- been affected by the rising waters. My Senators from the majority, it was al- ment was tabled. message to them is that FEMA will be most a straight party-line vote. There was another attempt to ad- there until we can get people back in There was another amendment, the dress the problem of personal use of their homes, businesses back on their Wellstone amendment, to restrict po- frequent flier miles by my colleague, feet, and lives back in order. litical contributions from lobbyists I thank you very much, Mr. Presi- who have lobbied a Member within a the Senator from Ohio, Senator GLENN. dent, and I yield the floor. year. I think that goes to the heart of The Glenn amendment was to extend to the legislative branch the same fre- f this sort of nexus between money and lobbying, and the extent to which peo- quent flier rules that apply to the exec- CONGRESSIONAL ACCOUNTABILITY ple in the country feel left out of the utive branch. That was tabled on essen- ACT loop of governing. This, I am sad to tially a party-line vote. The Senate continued with consider- say, was not just a party vote. There And finally, Mr. President, and I ation of the bill. was an overwhelming vote against this, summarize, there was the Wellstone Mr. GLENN. Parliamentary inquiry, and I really believe we are making a amendment on children. My colleagues Mr. President. Are we back in legisla- big mistake by not, in a very signifi- on the other side of the aisle have been tive session now? cant way, reforming this political proc- saying over and over again, ‘‘We are The PRESIDING OFFICER. Yes, we ess and doing something about the mix not going to impose cuts that are going are. of money and its influence in politics. to hurt children, that would create Mr. GLENN. Mr. President, I thank There was an amendment by Senator more hunger or homelessness among the Chair. FORD, from Kentucky, to prohibit the children.’’ This amendment asked Sen- Mr. President, I suggest the absence personal use of frequent flier miles by ators to go on record voting for what of a quorum. Members of Congress and staffers. they have been saying. Believe it or The PRESIDING OFFICER. The While Senate rules already prohibit not, that amendment was tabled on clerk will call the roll. this, this amendment would have codi- virtually a party-line vote. The bill clerk proceeded to call the fied the rule for us and extended the Mr. President, I just present this roll. rule to House Members. summary because somewhere, some- Mr. WELLSTONE. Mr. President, I Senator MCCONNELL’s amendment place in the United States of America, ask unanimous consent that the order struck language from the Ford amend- people should know that the so-called for the quorum call be rescinded. ment that would have applied the pro- reformers did not follow through on a The PRESIDING OFFICER. Without hibition consistently to the House and great deal of the reform agenda; in objection, it is so ordered. Senate, allowing House Members to fact, they are blocking it. Americans Mr. WELLSTONE. Mr. President, I continue the practice of using frequent should know that there is much that will take just a few moments because I flier miles for family vacations, expen- we can and should and must do to understand from the Senator from Ohio sive meals, and other means of having make this process more open, more ac- that we will for a short period go into their lifestyles subsidized indirectly by countable, more honest. And over and recess following my statement, is that their official travel, paid for by the over and over again, on many impor- correct? taxpayer. So Senator FORD’s reform tant amendments, we had virtually Mr. GLENN. Mr. President, that is amendment was unsuccessful, voted straight party-line votes defeating correct. The majority leader said when down in what was largely a party vote. these reform efforts by people who ran we were finished now, we will go into There was the Exon amendment to for office on a reform agenda. recess until 4:30 when he will come to require specificity in how we propose Mr. President, I know that the ma- the floor and have a colloquy with Sen- to get to a balanced budget and to pro- jority leader on ‘‘Face the Nation’’ a ator BRYAN. hibit outlays in excess of revenues in couple of weeks ago, in talking about Mr. WELLSTONE. Mr. President, I the year 2002. the gift ban said something to the ef- thought that while I was here I would Mr. President, what Senator EXON fect that: ‘‘We’re in control of the Con- summarize this past week for other was trying to do was say, let us have gress now, and we’re going to set the Senators, and just as important, for some truth in budgeting, let us be ac- agenda.’’ people in the country, action of the countable, let us be honest and direct Party control has shifted, and the Senate on some key political reform with people about the cuts we are majority leader is a skillful legislator agenda items that were again blocked going to be making if we pass the bal- and a skillful leader. But my question, here in the Senate. anced budget amendment to the Con- Mr. President, looking at the past The piece of legislation that has been stitution. That amendment was de- week is: When are we going to get be- before this body is called the Congres- feated by almost a party-line vote. yond party-line votes? When are we sional Accountability Act. There were Now, I opposed that amendment for going to get to the merits of amend- a number of amendments introduced on other reasons, but I do believe that, at ments if, every time a Senator brings S 762 CONGRESSIONAL RECORD — SENATE January 11, 1995 an amendment to the floor, it is auto- The PRESIDING OFFICER (Mr. CONGRESSIONAL ACCOUNTABILITY matically tabled because the majority ABRAHAM). The Senator from Iowa. ACT leader says that is not what our party f The Senate continued with the con- is going to support? sideration of the bill. My question for my colleagues is: RECESS Mr. DOLE. As I understand it, under When are we going to see a little more the agreement, there will now be a col- independence? Mr. GRASSLEY. Mr. President, since loquy between myself and the distin- I hope that we follow through on there are no further amendments, guished Senator from Nevada, Senator commitments we have made to the other than the managers’ package—and BRYAN. people in this country, which is that that is to this bill that is before us— The PRESIDING OFFICER. That is we are going to be serious about re- and no other Senators are seeking the the Chair’s understanding. forming this process. The Congres- floor at this time, I ask unanimous Mr. DOLE. I ask unanimous consent sional Accountability Act is a good, consent that the Senate now stand in that the Lautenberg amendment be set sound, positive piece of legislation in recess until 4:30 p.m. this afternoon. aside. that direction, but we had an oppor- There being no objection, the Senate, The PRESIDING OFFICER. Without tunity to do much more, and I have at 3:09 p.m., recessed until 4:30 p.m.; objection, it is so ordered. given examples of amendment after whereupon, the Senate reassembled Mr. BRYAN. Mr. President, I yield to amendment after amendment that I when called to order by the Presiding the distinguished majority leader. bet 90-plus percent of Americans would Officer [Mrs. HUTCHISON]. Mr. DOLE. Does the Senator from support which were tabled on virtually The PRESIDING OFFICER. The Nevada wish to make a statement first party-line votes. I thought people Chair, acting in her capacity as Sen- and have me respond? wanted us to get beyond that. I ator from Texas, suggests the absence Mr. BRYAN. As the majority leader thought people wanted each and every of a quorum. prefers. I am willing to do it either one of us to be independent, to vote on The clerk will call the roll. way. the merits of the legislation, to vote on Mr. DOLE. I think I should respond The legislative clerk proceeded to what we think would be good for the to the Senator’s request. call the roll. people back home. Mr. BRYAN. I thank the leader. Mr. DOLE. Madam President, I ask Did Senators vote against an amend- Mr. President, Members of the Sen- ment saying we would not do anything unanimous consent that the order for ate, yesterday I was prepared to offer to create more hunger and homeless- the quorum call be rescinded. an amendment to the Congressional ness among children because they The PRESIDING OFFICER. Without Accountability Act, S. 2, which would thought this amendment was not good objection, it is so ordered. have made congressional pensions and for the people they represent back f that of our employees on a parity with home? Did Senators vote against gift other Federal civil servants. ban or abuses of frequent flier miles or VISIT TO THE U.S. SENATE BY The distinguished majority leader other campaign finance reform meas- DISTINGUISHED GUESTS and I had several conversations on the ures because they thought the people floor yesterday evening. I received an back home whom they represent did Mr. DOLE. Madam President, and my assurance from him that he believed not want them to vote for these colleagues, we are very honored today that this is an important issue for the amendments? It was virtually a to have visitors from Japan, the Prime Senate to address. I know that it is his straight party-line vote. Minister, Mr. Murayama; the Minister intention to do so, and I accept his rep- So, Mr. President, we will see, with of Foreign Affairs, Mr. Kono; Par- resentation that this is a matter that the unfunded mandates bill that will be liamentary Deputy Chief Cabinet Sec- is going to come before the body. before the body within the next day or retary, Mr. Sonoda; Assistant Director I indicated to the majority leader so, but I certainly hope as soon as pos- of the First North American Division, that I would forbear in offering the sible, Senators will consider each and Mr. Suzuki. They have been here visit- amendment. However, if I saw no ac- every amendment based on their mer- ing with President Clinton earlier tion by the Easter recess of this year, its, not based on party calculation— today, and Senator DASCHLE and I have it would be my intention to offer an based upon what the people back home had a very good visit. amendment on congressional pension would want them to do—or based on As you know, we have had a strong, reform, to any piece of legislation their own personal convictions and good relationship with Japan since which might then be pending on the independence, regardless of what they World War II. The commemoration of floor of the Senate for action. think the majority of people back the conclusion of that war will be next I am satisfied in my own mind that home want to do. year. I was saying to the Prime Min- the majority leader shares my commit- Different people have different mod- ister that obviously you look to the ment to address this and I accept his els of how they represent their States. past and you remember the past, and representation and I thank him for his Right now, what I have seen, by and you remember the agonies; but we also comments. large, is virtually a straight party-line look to the future. We have our prob- But I think that our colleagues need vote, all about control, all about lems and they have their problems. We to understand, that although we are power, and not about the merits of the not going to be voting on this today be- have our problems with them, and they amendments or the legislation, but a cause of the commitment that I have have their problems with us. retreat from the very reform agenda had from the distinguished majority I say to my colleagues that I hope that many of my colleagues said they leader, this is not an issue we are going were committed to. you will take this opportunity to say to be able to postpone and bury. It is So I look forward to the next piece of hello to the Prime Minister and the going to come before the Senate very legislation, and I hope that we will do Minister of Foreign Affairs and other shortly. I want to acknowledge and ex- better. I intend to continue to fight for members of the delegation. To facili- press my appreciation to the distin- this political reform agenda, including tate that, I ask unanimous consent guished majority leader for his assur- lobbying registration and gift ban re- that we stand in recess until 5 p.m. ances along that line. I look forward to form, and tough, comprehensive cam- There being no objection, the Senate, working with him and our colleagues paign finance reform legislation here at 4:54, recessed, until 5:01 p.m.; where- on both sides of the aisle. in the Senate. I commend my col- upon, the Senate reassembled when I thank the leader. leagues on their work on the Congres- called to order by the Presiding Officer Mr. DOLE. I thank the Senator from sional Accountability Act, which I (Mr. ASHCROFT). Nevada. wholeheartedly support. I yield the Mr. DOLE addressed the Chair. I know that we have a number of col- floor. The PRESIDING OFFICER. The Sen- leagues on both sides of the aisle who Mr. GRASSLEY addressed the Chair. ator from Kansas. share the concerns just expressed and January 11, 1995 CONGRESSIONAL RECORD — SENATE S 763 that the junior Senator from Penn- ator is acting in good faith—not only cant because the accrual rate multi- sylvania, Senator SANTORUM, may wish will we have hearings, but we hope plied by the number of years of service to say a word at this time. something will be reported out of the and the final high-3 salary determines Mr. SANTORUM. I thank the major- committee. Because, if it is not re- your pension. For example, an individ- ity leader for yielding. ported out of the committee, then I am ual under the old system, who has been Mr. President, I commend the Sen- not going to stand here and block an a Member of Congress or congressional ator from Nevada for his efforts on this effort by the Senator from Nevada employee, has an accrual rate of 2.5 subject. This was an area that I had ex- later on if he stands up to offer an percent. So for a 10-year period of time, pressed interest in in the House. In amendment to something else. I give that Member would receive a pension fact, I introduced a bill that almost him that assurance right now. of 25 percent of their final high-3 sal- mirrors word for word what the Sen- It should come out of the committee ary. Under FERS, the accrual rate for ator from Nevada is doing. with a big bipartisan vote. If it is de- Members is 1.7 percent, therefore, a This is an important issue of gaining termined changes should be made, it Member who serves 10 years would credibility with the American public ought to be made on a bipartisan basis. have pension of 17 percent of their final that we are not going to treat our- It ought to be brought to the floor and high-3 salary. You can see that the old selves any different than any other we ought to act on it. system is considerably more generous Federal employee when it comes to em- I told the Senator from Nevada last than the new system. ployee benefits. It puts us on a level no night—he talked about the Easter re- The accrual rate for other Federal more and no less generous than other cess; it may not happen quite that employees under the CSRS system is Federal employees. I think that is quickly—that I think there should be 1.5 percent for their first 5 years; 1.75 where we should be. some pressure, I do not mean it in the percent in second 5 years; after 10 years There is no reason that we should negative sense, for the committee to of service, 2 percent. have a more generous pension system respond as quickly as possible. I know You can see that throughout the en- here than other Federal employees. there are other things that have to be tire system, Members of Congress are That is what the amendment of the done. But this, too, should be a priority treated more favorably for purposes of Senator from Nevada would do. I will in the chain of events, because a lot of join him in cosponsoring his bill. people are concerned about this; a lot the retirement system. Now, it is fair I appreciate the majority leader’s in- of people write to us about this. So let to point out that under the Civil Serv- tention to allow this to percolate us address it. Let us face up to it. ice Retirement System, Members do through the committee system and So I just assure the Senator from Ne- contribute 8 percent, non-Members of give it an opportunity for hearings— vada, as I did last evening, that I am Congress, nonemployees of Congress, this is a new subject that has not been sympathetic to what he is attempting contribute only 7 percent. Even though discussed in committee—give it an op- to do and I will be trying to cooperate there is a 1-percent differential in con- portunity to be discussed in committee with him every step of the way. tribution, the Member’s pension is a and hopefully be moved through in a Mr. BRYAN. Mr. President, I express substantially enhanced benefit. speedy fashion. But, if not, we have the my appreciation to the distinguished That same disproportionate formula opportunity to come to the floor and majority leader. carries through under the FERS sys- then offer an amendment to a bill here I might just inquire, in terms of pro- tem where Members of Congress and to move this issue to the floor, where I cedure, it originally was my intention our employees get a 1.7-percent accrual believe it belongs. to make a statement about the bill. I rate, which means in 10 years we would I thank the majority leader for yield- know you have a rollcall vote sched- receive a pension of 17 percent of our ing and for his agreement to do this. uled at this time. I am prepared to final high-3 salary. The accrual rate for Mr. DOLE. Mr. President, I know, in make about a 5- or 10-minute state- other federal employees is 1 percent, so addition to the Senator from Penn- ment, if that is agreeable to you. they would only receive a pension of 10- sylvania on this side of the aisle, the Mr. DOLE. Yes. percent of their final high-3 salary. Senator from Tennessee, Senator Mr. BRYAN. Mr. President, I will in- Once again, the contribution rate for THOMPSON, has a direct interest in this troduce legislation that will put con- Members of Congress and our employ- legislation. gressional retirement benefits and that ees is 1.3 percent, which is slightly I wish to commend Senator BRYAN as of our employees—I think it is impor- higher than the .8 percent that non- the prime mover of this effort. I think tant for Members, as well as the public Members of Congress and our employ- it should be addressed. It will be ad- generally, to understand that what we ees would be contributing. dressed, I can assure the Senator from are talking about is not only Members The thrust of this legislation, Mr. Nevada, the Senator from Pennsylva- of Congress but our employees are in President and my colleagues, is simply nia, and other Senators. We need to this same system—that will put our to put everybody on a level playing find out, we need to determine, we need benefits and those of our employees on field prospectively. Any accrued bene- to make a record to make certain that a parity with other Federal employ- fit would not be taken away. Service congressional pensions are in line with ees.Under current law, as has been al- under the old system would be cal- other Federal employees. If they are luded to on the floor moments ago, the culated under the old formula. Only fu- too generous or if they are out of line, pensions Members of Congress and our ture service would be calculated under then we need to make changes. employees receive are considerably the new formula. It is my understanding that Senator more generous than those of other Fed- I think it is only fair that we not BRYAN, along with my distinguished eral employees. It is my judgment this treat ourselves, as Members of Con- colleague from Pennsylvania, Senator practice is not justifiable and, in fact, gress, differently from other dedicated SANTORUM, are going to introduce legis unacceptable. public servants who may serve in the islation today and, if introduced, this Under the present retirement system, Park Service or the Department of legislation will be referred to the Com- Members of Congress and other Federal Transportation, in which their devo- mittee on Governmental Affairs. After employees who were part of the Fed- tion to public service is no less than consulting some of my colleagues on eral work force prior to 1984 are en- our own. the committee, including the distin- rolled in the Civil Service Retirement Let me give you the practical impact guished chairman from Delaware, Sen- System [CSRS]. of that, and then I will yield the floor ator ROTH, I have every reason to be- Under 1984 legislation, all Members of here in a moment. lieve that the committee or one of its Congress, our employees, and other Members will recall I described the subcommittees will hold hearings on Federal employees are enrolled in FERS system as one for those of us the pension reform issue at some point FERS or the Federal Employee Retire- who have been hired since 1984. For 10 later this year. ment System. This chart illustrates years of service as a Member of Con- Now, let me make it very clear—be- the point that my colleague from gress, our pension would be 17 percent cause I know the Senator from Nevada Pennsylvania was making just a mo- of the average of the last 3 years of our is acting in good faith, and this Sen- ment ago. The accrual rate is signifi- service prior to retirement. Those in S 764 CONGRESSIONAL RECORD — SENATE January 11, 1995 the executive branch of the civil serv- Mr. GRASSLEY. Mr. President, I On page 37, line 16, strike ‘‘section 405’’ and ice would get only a 10-percent pension send to the desk a managers’ amend- insert ‘‘subsections (b) through (h) of section of their average of the last 3 years. In ment offered by Senator GLENN and 405’’. 20 years, Members of Congress get a 34- myself and ask for its immediate con- Beginning with page 37, line 24, strike all percent pension; other Federal employ- through page 38, line 4, and insert the follow- sideration. ing: ees under the FERS system get 20 per- The PRESIDING OFFICER. The (6) COMPLIANCE DATE.—If new appropriated cent. For 30 years, it is 44 percent, and clerk will report. funds are necessary to correct a violation of other members that are not Members The bill clerk read as follows: subsection (a) for which a citation is issued, of Congress or their employees receive The Senator from Iowa [Mr. GRASSLEY], for or to comply with an order requiring correc- substantially less. himself and Mr. GLENN, proposes an amend- tion of such a violation, correction or com- Under the old system, which existed ment numbered 16. pliance shall take place as soon as possible, but not later than the end of the fiscal year prior to 1984, 10-year Members of Con- Mr. GRASSLEY. Mr. President, I ask gress get a 25-percent pension of the following the fiscal year in which the cita- unanimous consent that reading of the tion is issued or the order requiring correc- average of their last 3 highest years; amendment be dispensed with. other executive branch employees get tion becomes final and not subject to further The PRESIDING OFFICER. Without review. 16.4 percent. For 20 years, Members of objection, it is so ordered. On page 38, between lines 18 and 19, insert Congress get 50 percent and executive The amendment is as follows: the following: branch gets 36.5 percent. For 30 years, (3) EMPLOYING OFFICE RESPONSIBLE FOR COR- On page 2, in the item referring to section it is 75 percent, and other federal em- RECTION.—The regulations issued under para- 220, strike ‘‘code’’ and insert ‘‘Code’’. ployees receive 56.3 percent. graph (1) shall include a method of identify- On page 11, line 14, insert a comma before My point is that we seek equality of ing, for purposes of this section and for dif- ‘‘irrespective’’. ferent categories of violations of subsection treatment. It is a principle embraced, I On page 27, line 14, strike ‘‘would be appro- think, in the Congressional Account- (a), the employing office responsible for cor- priate’’ and insert ‘‘may be appropriate to rection of a particular violation. ability Act. That is one of the reasons redress a violation of subsection (a)’’. On page 38, line 23, after ‘‘General Coun- why I had proposed to offer it as an On page 30, line 6, strike ‘‘section 403’’ and sel’’ insert ‘‘, exercising the same authorities amendment at that time. Let me just insert ‘‘subsections (b) through (d) of section of the Secretary of Labor as under sub- say, based upon the assurances of the 403’’. section (c)(1),’’. majority leader, which I accept, I have On page 30, lines 17 and 18, strike ‘‘section On page 39, line 3, strike ‘‘and’’. agreed to forbear and not to offer this 405’’ and insert ‘‘subsections (b) through (h) On page 39, line 4, after ‘‘Assessment’’ in- amendment. I said by Easter, we would of section 405’’. sert ‘‘, the Library of Congress, and the Gen- On page 31, between lines 3 and 4, insert eral Accounting Office’’. take a look and see if this legislation is the following: moving. If it is, I am willing to give On page 39, lines 12 through 14, strike ‘‘, as (5) COMPLIANCE DATE.—If new appropriated determined under regulations issued by the some additional time. This is not an funds are necessary to comply with an order Board under section 304 of this Act,’’. issue that we will be able to dodge. I requiring correction of a violation of sub- On page 41, lines 17 and 18, strike ‘‘Subject intend to bring it to the floor. I know section (b), compliance shall take place as to subsection (d), the’’ and insert ‘‘The’’. a number of our colleagues on both soon as possible, but no later than the fiscal On page 42, line 25, strike ‘‘section 405’’ and sides of the aisle share a similar per- year following the end of the fiscal year in insert ‘‘subsections (b) through (h) of section spective. which the order requiring correction be- 405’’. Mr. President, let me just conclude comes final and not subject to further re- On page 44, line 1, strike ‘‘section 405’’ and by saying that I think it is absolutely view. insert ‘‘subsections (b) through (h) of section On page 31, line 13, after ‘‘(b)’’ insert ‘‘ex- essential to show the American people 405’’. cept’’. On page 44, line 8, strike ‘‘graphs (1) and’’ that we are not treating ourselves dif- On page 31, between lines 17 and 18, insert and insert ‘‘graph (1) or’’. ferently from other members of the the following: On page 44, line 8, before ‘‘may’’ insert a Federal civil service. Members of Con- (3) ENTITY RESPONSIBLE FOR CORRECTION.— comma. gress should not receive a more gener- The regulations issued under paragraph (1) On page 45, line 1, strike ‘‘(c)’’ and insert ous retirement. This is a matter of shall include a method of identifying, for ‘‘(d)’’. fairness. purposes of this section and for categories of On page 45, line 6, strike ‘‘(d)’’ and insert I would have to say that in townhall violations of subsection (b), the entity re- ‘‘(e)’’. meetings we have in Nevada, this issue sponsible for correction of a particular viola- On page 45, line 20, strike ‘‘(d)’’ and insert comes up many times. I have asked tion. ‘‘(e)’’. On page 32, line 6, insert ‘‘and the Office of On page 49, line 9, strike ‘‘(e)’’ and insert why this exists. That is why I intro- the’’ before ‘‘Architect’’. ‘‘(f)’’. duced legislation along these lines in On page 32, line 6, strike ‘‘, and to the’’ and On page 49, line 14, strike ‘‘(d)(2)’’ and in- the last session of Congress. insert ‘‘or other’’. sert ‘‘(e)(2)’’. How is it that Members of Congress On page 32, lines 7 through 9, strike ‘‘, as On page 49, line 18, strike ‘‘(d)’’ and insert are treated differently than other civil determined under regulations issued by the ‘‘(e)’’. service employees? I think the answer Board under section 304 of this Act,’’. On page 50, line 3, strike ‘‘witness’’. is, it is not defensible. We cannot jus- On page 35, line 13, strike ‘‘and’’ and insert On page 54, strike line 11, and insert ‘‘than tify it, in my view. We have an obliga- a comma. December 31, 1996—’’. tion to change it prospectively. I am On page 35, line 14, insert before the semi- On page 56, line 25, insert ‘‘Senate’’ before colon the following: ‘‘, and any entity listed ‘‘Fair’’. persuaded by the show of bipartisan in- in subsection (a) of section 210 that is re- On page 57, line 1, strike ‘‘of the Senate’’. terest and support. I think we can sponsible for correcting a violation of this On page 67, line 16, strike ‘‘issuing’’ and in- change it. We ought to change it. section, irrespective of whether the entity sert ‘‘adopting’’. I look forward to working with my has an employment relationship with any On page 68, line 15, after the semicolon, in- colleagues on both sides of the aisle to covered employee in any employing office in sert ‘‘and’’. eliminate what I consider one of the which such a violation occurs’’. On page 73, line 3, before the period insert major areas of inequality that exists On page 36, line 3, strike ‘‘(a) and (f)’’ and ‘‘under paragraph (1)’’. between the Congress and others who insert ‘‘(a), (d), (e), and (f)’’. On page 75, line 4, before the period insert On page 36, lines 4 and 5, strike ‘‘(a) and ‘‘, except that a voucher shall not be reserve in Federal service positions out- (f)’’ and insert ‘‘(a), (d), (e), and (f)’’. quired for the disbursement of salaries of side of Capitol Hill. We should do it as On page 36, lines 15 through 17, strike ‘‘, as employees who are paid at an annual rate’’. soon as possible. determined appropriate by the General Coun- On page 75, line 4, after the period insert Mr. President, I yield the floor. sel pursuant to regulations issued by the the following: ‘‘The Clerk of the House of Mr. GRASSLEY. Mr. President, I ask Board pursuant to section 304’’. Representatives and the Secretary of the unanimous consent to set aside mo- On page 37, line 4, strike ‘‘section 405’’ and Senate are authorized to make arrangements mentarily the Lautenberg amendment. insert ‘‘subsections (b) through (h) of section for the division of expenses under this sub- The PRESIDING OFFICER. Without 405’’. section, including arrangements for one On page 37, line 12, strike ‘‘section 6(b)(6)’’ House of Congress to reimburse the other objection, it is so ordered. and insert ‘‘sections 6(b)(6) and 6(d)’’. House of Congress.’’. AMENDMENT NO. 16 On page 37, line 14, strike ‘‘655(b)(6)’’ and On page 75, between lines 4 and 5, insert (Purpose: To make technical amendments) insert ‘‘655(b)(6) and 655(d)’’. the following: January 11, 1995 CONGRESSIONAL RECORD — SENATE S 765

(b) FINANCIAL AND ADMINISTRATIVE SERV- table the Lautenberg amendment, and (At the request of Mr. DASCHLE, the ICES.—The Executive Director may place or- I ask for the yeas and nays. following statement was ordered to be ders and enter into agreements for goods and The PRESIDING OFFICER. Is there a printed at this point in the RECORD:) services with the head of any agency, or major organizational unit within an agency, sufficient second? ∑ Mr. ROCKEFELLER. Mr. President, in the legislative or executive branch of the There is a sufficient second. the health, safety, and labor laws that United States in the same manner and to the The yeas and nays were ordered. now protect workers in the private sec- same extent as agencies are authorized under The PRESIDING OFFICER. The tor should cover the Federal Govern- sections 1535 and 1536 of title 31, United question is on agreeing to the motion ment. Applying these laws to the Con- States Code, to place orders and enter into to lay on the table amendment No. 15 gress is a long overdue reform which agreements. of the Senator from New Jersey. The has my total support. On page 75, line 5, strike ‘‘(b)’’ and insert yeas and nays have been ordered. The I am disappointed that I am not able ‘‘(c)’’. On page 77, line 9, after ‘‘after’’ insert ‘‘re- clerk will call the roll. to be in Washington this week to par- ceipt by the employee of notice of’’. The assistant legislative clerk called ticipate in this important legislation. On page 80, line 24, strike ‘‘(b)’’ and insert the roll. However, I am conducting very critical ‘‘(a)’’. Mr. FORD. I announce that the Sen- business for the people of West Virginia On page 88, line 18, before ‘‘this section’’ ator from West Virginia [Mr. ROCKE- that I felt could not be put aside. insert ‘‘section 404 and’’. FELLER], is necessarily absent. Early last year, I initiated plans to On page 89, line 21, strike ‘‘may’’ and insert The PRESIDING OFFICER. Are there lead a large trade and investment mis- ‘‘shall’’. On page 90, line 11, strike ‘‘(d)’’ and insert any other Senators in the Chamber de- sion to Japan and Taiwan beginning ‘‘(e)’’. siring to vote? January 7. The mission was scheduled On page 90, line 14, after ‘‘be,’’ strike The result was announced—yeas 61, for this time to make sure it would ‘‘may’’ and insert ‘‘shall’’. nays 38, as follows: take place when the Congress was not On page 90, line 25, strike ‘‘paragraph (1)’’ [Rollcall Vote No. 13 Leg.] in session. Unfortunately, the congres- and insert ‘‘subsection (a)’’. sional schedule was changed at the last YEAS—61 On page 91, line 5, strike ‘‘407’’ and insert minute by the new leadership, long ‘‘405(f)(3), 407,’’. Abraham Gorton McCain after plans for this important mission On page 93, strike lines 3 through 8, and in- Ashcroft Gramm McConnell sert the following: Bennett Grams Murkowski had been finalized and could not be (c) HEARINGS AND DELIBERATIONS.—Except Bond Grassley Nickles changed. as provided in subsections (d), (e), and (f), all Breaux Gregg Packwood The mission, known as Project Har- proceedings and deliberations of hearing offi- Brown Hatch Pell Burns Hatfield Pressler vest, includes 27 business leaders from cers and the Board, including any related Byrd Helms Roth important and different West Virginia records, shall be confidential. This sub- Chafee Hollings Santorum industries. Working with the U.S. De- section shall not apply to proceedings under Coats Hutchison Shelby partment of Commerce and the State section 215, but shall apply to the delibera- Cochran Inhofe Simpson tions of hearing officers and the Board under Cohen Inouye Smith of West Virginia, the Discover the Real that section. Coverdell Jeffords Snowe West Virginia Foundation is coordinat- On page 94, line 12, strike ‘‘102(b)(2)’’ and Craig Johnston Specter ing our search for export opportunities insert ‘‘102(b)(3)’’. D’Amato Kassebaum Stevens DeWine Kempthorne Thomas and high-paying, secure jobs for our On page 105, lines 7 and 9, insert ‘‘of 1990’’ Dodd Kyl Thompson State. It is, I believe, a historic jour- after ‘‘Act’’. Dole Lieberman Thurmond ney that will reap benefits to the peo- Mr. GLENN. Mr. President, I have Domenici Lott Warner ple of West Virginia for many years to Faircloth Lugar worked together with Senator GRASS- Frist Mack come. LEY on this. It is a technical amend- I am proud to be able to lead this his- ment and makes all sections conform NAYS—38 toric Project Harvest mission on behalf to other sections and conform gram- Akaka Feingold Levin of the people of West Virginia, but re- matically. We are glad to accept it on Baucus Feinstein Mikulski Biden Ford Moseley-Braun gret that it takes me from Washington this side of the aisle. Bingaman Glenn Moynihan during this time when we are consider- The PRESIDING OFFICER. Is there Boxer Graham Murray ing the Congressional Accountability further debate on the amendment? Bradley Harkin Nunn Act. Bryan Heflin Pryor The question is on agreeing to the Bumpers Kennedy Reid In the current rush to reform, we amendment. Campbell Kerrey Robb should not overlook that this bill is al- The amendment (No. 16) was agreed Conrad Kerry Sarbanes most identical to legislation drafted by to. Daschle Kohl Simon Dorgan Lautenberg Wellstone Senators GLENN, LIEBERMAN, and Mr. GLENN. Mr. President, I move to Exon Leahy GRASSLEY in the last Congress. That reconsider the vote. legislation, known as the manager’s Mr. GRASSLEY. I move to lay that NOT VOTING—1 amendment to H.R. 4822, was blocked motion on the table. Rockefeller from consideration in the Senate by The motion to table was agreed to. So the motion to lay on the table the stealth objectors. AMENDMENT NO. 15 amendment (No. 15) was agreed to. What is now taking place is enact- Mr. GLENN. Mr. President, what is Mr. GLENN. Mr. President, I move to ment of legislation previously blocked the pending business? reconsider the vote. by those who have finally ‘‘seen the The PRESIDING OFFICER. Amend- Mr. LAUTENBERG. Mr. President, I light’’ in the need for this reform. In ment No. 15, offered by the Senator move to lay that motion on the table. the coming months, I am sure we will from New Jersey. The motion to lay on the table was see other conversions from the obstruc- Mr. GLENN. I thank the Chair. agreed to. tionism that we saw so frequently in Mr. President, I suggest the absence Mr. DOLE. Mr. President, may we the last Congress to an eagerness to of a quorum. have order. take action. It’s unfortunate that The PRESIDING OFFICER. The The PRESIDING OFFICER. The ma- Americans had to wait. clerk will call the roll. jority leader is recognized. The Senate Mr. President, I am proud that the The assistant legislative clerk pro- will be in order. people of West Virginia have seen fit to ceeded to call the roll. Mr. DOLE. If I can have my col- send me to represent them in the U.S. Mr. GRASSLEY. Mr. President, I ask leagues’ attention so I can make an an- Senate. There are many dedicated and unanimous consent that the order for nouncement? good people who are elected and ap- the quorum call be rescinded. I move to reconsider the vote. pointed to serve here. As we press for- The PRESIDING OFFICER. Without Mr. GLENN. I move to lay that mo- ward to review and reform, we must be objection, it is so ordered. tion on the table. mindful to those who have preceded us, Mr. GRASSLEY. Mr. President, on The motion to lay on the table was and the legacy we will leave to those behalf of the majority leader, I move to agreed to. who follow. S 766 CONGRESSIONAL RECORD — SENATE January 11, 1995 We should never forget the counsel of wanted to insert this explanation of the laws we impose on the rest of the the Framers of the Constitution who my absence in the Senate and why I country. provided for independence between the felt it could not be avoided.∑ But with the election of the first Re- branches of Government. We have the Mr. MURKOWSKI. Mr. President, I publican congressional majority in solemn responsibility to preserve and rise to express my strong support for more than 40 years, Congress’ insular defend that independence. the Congressional Accountability Act arrogance is ending. We will live by the None among us takes that charge (S. 2), and to urge all of my colleagues same laws as the rest of the country more seriously that the senior Senator to vote for this legislation. This legis- and we will begin a debate about end- from Kentucky [Mr. FORD] who has lation is way overdue. ing more than three decades of deficit raised reasonable concerns about the When the American electorate voted spending by changing our Constitution provisions of this bill which will permit in a Republican congressional major- to put an end to Federal deficit spend- investigations and review of the Con- ity, the public’s sentiment could not ing. gress by other branches of the Govern- have been clearer. Their message to Mr. President, the American public is ment. We should all be wary of what Capitol Hill was straightforward: End closely watching this Congress. I be- could become improper meddling in the business as usual and become more ac- lieve today’s vote unmistakably shows constitutional system. countable to the will of the people. that when they put their faith and I share those concerns, and believe The legislation that we are about to trust in the new Republican majority, we can fully preserve a proper balance vote on is the Senate’s first response their hopes for change would not be of powers between the legislative, the back to the American public. In this disappointed. I hope that my col- judicial, and the executive branches of bill we say to the American public that leagues on the other side of the aisle Government, and at the same time, we must live under the same rules and will see the wisdom of adopting this better protect our staff. I am satisfied laws that we impose on the rest of the legislation on a bipartisan basis. There that this legislation strikes the nec- country. For too long, the House and is no excuse for Congress to remain essary balance. I commend the spon- the Senate have acted with an arro- above the law. sors of this bill, and am thankful to gance about our institutions. We have, Mr. DOLE. Mr. President, in federal- Senator FORD for his leadership in rein effect, said that we are above the minding us of our institutional respon- ist No. 57, James Madison made the fol- law. Today, that arrogance ends. sibilities. lowing observation. He said: Under this legislation, Congress is re- Mr. President, another of our respon- [The House of Representatives is] quired to comply with the same health, sibilities in the Senate is to carefully restrain[ed] from oppressive measures [be- review and improve what may be popu- safety, civil rights, and labor laws that cause] they can make no law which will not have its full operation on themselves and lar legislation which often receives less all American businesses must comply with. And that means compliance with their friends, as well as on the great mass of careful scrutiny in the other body. I the society. This has always been deemed am astonished, for example, that so the 57-year-old Fair Labor Standards Act, the Civil Rights Act of 1964; the one of the strongest bonds by which human many of my colleagues rejected the ef- policy can connect the rulers and the people forts in the past few days to strengthen Age Discrimination in Employment together. It creates between them that com- and improve the Congressional Ac- Act of 1967; the Occupational Safety munion of interests and sympathy of senti- countability Act. Why should we not and Health Act of 1970; the Rehabilita- ments of which few Governments have fur- seek to finally gain enactment of long- tion Act of 1973, and a host of other nished examples * * * if this spirit shall ever delayed gift-ban legislation, approved laws that Congress has deemed appro- be so far debased as to tolerate a law not last year, and then blocked from final priate to impose on American business. obligatory on the legislature as well as on It is astounding to this Senator that the people, the people will be prepared to tol- passage in the final days of that ses- erate anything but liberty. sion? What better time to limit undue we have waited so long to pass this leg- influence than this legislation to im- islation. There is not a constituent in Unfortunately, Mr. President, the prove the workings of the Congress? my State of Alaska who can com- Congress has not always adhered to I certainly support this and other prehend how we as legislators can ex- James Madison’s timeless vision of rep- amendments aimed at improving the empt ourselves from the health, safety, resentative Government. For far too operations of the Congress. Unfortu- and labor laws that they must contend long, Congress has severed its connec- nately, all of these improving amend- with. Nor can I. tion with the people, imposing new ments were rejected in the past week. I But with the passage of this bill, our rules and regulations on the private note that none of these votes has been message to the American people is that sector, while seeking to exempt itself close, and that my vote would not have Republicans have heard your voice and from those same rules. changed the outcome of any proposed we are going to change how the peo- Not surprisingly, many of our citi- amendment. ple’s business is conducted in Washing- zens have begun to view the Senate and Mr. President, solving the problems ton DC. This is but the beginning, an the House of Representatives asthe Im- of my people in West Virginia has my important first step, but only a step. perial Congress, as an institution that total attention. That is why I have Tomorrow we will begin debate on considers itself above the law and with- worked so very hard over the past another piece of legislation that par- out accountability. three decades to find and bring well- allels the concepts embodied in S. 2. This past election day, the American paying, secure jobs to our State, and The legislation we will begin consider- people finally decided it was time to why I now am away from the Senate. ing tomorrow (S. 1) will bring to an end shake up the Washington status quo. In a changing world and global econ- the practice of Washington sending Not only do the American people want omy, our State will need to look far be- mandates to the States and local gov- less Government, less regulation, and yond its borders to find the resources ernments—ordering them to comply lower taxes, they also want Congress to we will need to create long-term em- with a plethora of new laws and regula- clean up its own act by living under ployment and prosperity. tions—and not giving the States and the very laws we seek to impose on ev- I take seriously my duty to partici- local governments a single dime to eryone else. pate in the proceedings of the Senate, comply with these directives from Cap- Last week, by a unanimous vote of and to exercise the opportunity af- itol Hill. 429 to 0, the House passed its own ver- forded me to cast my vote for West Vir- The thread that unfunded mandates sion of congressional-coverage legisla- ginia on the Senate floor. I am hopeful and congressional law exemptions tion, taking the first big step toward that the people of my State will realize share is insular arrogance. It reflects a restoring the credibility of Congress how very seriously I take my respon- political philosophy which implies that with the American people. And, if all sibilities to make our State a better we in Washington know what is best goes according to plan, we could have a and more prosperous place to live. for the country, but we are unwilling congressional-coverage bill on the Sponsoring and leading a delegation of to live by the laws we expect everyone President’s desk as early as next West Virginia business people to Japan else to live by, and we are unwilling to week—the first bill passed by the 104th and Taiwan is part of that effort, and I share in the costs of complying with Congress, and the first bill of the new January 11, 1995 CONGRESSIONAL RECORD — SENATE S 767 Congress signed into law by President based on—because the report was not Kerrey Moseley-Braun Sarbanes Kerry Moynihan Shelby Clinton. filed. Kohl Murkowski Simon As a result of S. 2, Congress will have We are trying to get an agreement, I Kyl Murray Simpson to abide by the minimum wage and might say to my colleagues, many of Lautenberg Nickles Smith civil rights laws. Congressional offices whom want to leave here early Friday Leahy Nunn Snowe Levin Packwood Specter will be subject to OSHA-style inspec- or even tomorrow evening. If we can Lieberman Pell Stevens tions. Congressional employees will get an agreement to lock up all these Lott Pressler Thomas have the right to unionize. And they amendments, I am certainly willing to Lugar Pryor Thompson will be entitled to family and medical Mack Reid Thurmond accommodate my colleagues in these McCain Robb Warner leave, just like workers in the private early days, as we did today, in fact. So McConnell Roth Wellstone sector. help us put that together, because our Mikulski Santorum To ensure that Congress abides by staff on each side is working on it. Do NAYS—1 these laws, S. 2 establishes an inde- not list every amendment you have Byrd pendent Office of Compliance with a ever thought of, because we would like five-member Board of Directors. The to finish it by a date certain next NOT VOTING—1 Directors on the Board will be jointly week, Tuesday or Wednesday. Rockefeller appointed by the Senate majority lead- So there will be no further votes to- So, the bill (S. 2), as amended, was er, the Senate minority leader, the night after this vote. passed, as follows: Speaker of the House of Representa- Have the yeas and nays been ordered? S. 2 tives, and the House minority leader. The PRESIDING OFFICER. The yeas Be it enacted by the Senate and House of Rep- The Office will also have a general and nays have not been ordered. counsel, an executive director, and two resentatives of the United States of America in Mr. DOLE. Mr. President, I ask for Congress assembled, deputy executive directors, one for the the yeas and nays. SECTION 1. SHORT TITLE AND TABLE OF CON- Senate and one for the House. Each of The PRESIDING OFFICER. Is there a TENTS. the deputy executive directors will be sufficient second? (a) SHORT TITLE.—This Act may be cited as responsible for promulgating the im- There is a sufficient second. the ‘‘Congressional Accountability Act of plementing regulations for his or her The yeas and nays were ordered. 1995’’. respective House. Mr. DOLE. Mr. President, I also want (b) TABLE OF CONTENTS.—The table of con- In addition, S. 2 contains an impor- to commend my colleague, Senator tents for this Act is as follows: tant provision that hasn’t received GRASSLEY, for his outstanding work Sec. 1. Short title and table of contents. much attention during this debate. and expeditious work on this bill, and TITLE I—GENERAL This provision requires that any future also my colleague, Senator GLENN, for Sec. 101. Definitions. legislation affecting private employ- his efforts, and Senator LIEBERMAN. I Sec. 102. Application of laws. ment must be accompanied by a report know it has taken a long time, there TITLE II—EXTENSION OF RIGHTS AND describing the manner in which the have been a lot of amendments, and I PROTECTIONS legislation will apply to Congress. If thank my colleagues. PART A—EMPLOYMENT DISCRIMINATION, FAM- any provision of the proposed law does The PRESIDING OFFICER. The bill ILY AND MEDICAL LEAVE, FAIR LABOR not apply to Congress, the report must is before the Senate and open to STANDARDS, EMPLOYEE POLYGRAPH PROTEC- include a statement explaining why amendment. If there be no amendment TION, WORKER ADJUSTMENT AND RETRAIN- this is so. This reporting requirement to be proposed, the question is on the ING, EMPLOYMENT AND REEMPLOYMENT OF will help ensure that Congress resists VETERANS, AND INTIMIDATION engrossment and third reading of the the temptation of exempting itself Sec. 201. Rights and protections under title bill. from future regulations and rules. VII of the Civil Rights Act of The bill (S. 2) was ordered to be en- Hopefully, Mr. President, S. 2 will 1964, the Age Discrimination in grossed for a third reading and was herald a new era of regulatory caution, Employment Act of 1967, the read the third time. where Congress thinks twice before im- Rehabilitation Act of 1973, and The PRESIDING OFFICER. The title I of the Americans with posing a new Government-crafted re- question is on passage of the bill, as Disabilities Act of 1990. quirement on the private sector. It’s amended. Sec. 202. Rights and protections under the one thing for Congress to create a new The yeas and nays have been ordered. Family and Medical Leave Act regulatory burden; it’s something quite The clerk will call the roll. of 1993. different when Congress has to bear the Sec. 203. Rights and protections under the burden too. The legislative clerk called the roll. Fair Labor Standards Act of In fact, S. 2 may have its biggest im- Mr. FORD. I announce that the Sen- 1938. pact on the private sector, as Congress ator from West Virginia [Mr. ROCKE- Sec. 204. Rights and protections under the becomes increasingly reluctant to im- FELLER] is necessarily absent. Employee Polygraph Protec- pose more rules, more regulations, The PRESIDING OFFICER (Mr. GOR- tion Act of 1988. TON). Are there any other Senators in Sec. 205. Rights and protections under the more redtape. Worker Adjustment and Re- Finally, Mr. President, I want to con- the Chamber who desire to vote? The result was announced—yeas 98, training Notification Act. gratulate my distinguished colleague, Sec. 206. Rights and protections relating to Senator CHUCK GRASSLEY, for spear- nays 1, as follows: veterans’ employment and re- heading the congressional-coverage ef- [Rollcall Vote No. 14 Leg.] employment. fort here in the Senate. Without his YEAS—98 Sec. 207. Prohibition of intimidation or re- hard work and commitment, S. 2 would Abraham Cohen Graham prisal. not be the priority that it is today. I Akaka Conrad Gramm PART B—PUBLIC SERVICES AND ACCOMMODA- also want to take a moment to recog- Ashcroft Coverdell Grams TIONS UNDER THE AMERICANS WITH DISABIL- Baucus Craig Grassley ITIES ACT OF 1990 nize my colleagues, Senators NICKLES, Bennett D’Amato Gregg LIEBERMAN, and THOMPSON, for their Biden Daschle Harkin Sec. 210. Rights and protections under the important contributions as well. Bingaman DeWine Hatch Americans with Disabilities Bond Dodd Hatfield Act of 1990 relating to public ORDER OF PROCEDURE Boxer Dole Heflin services and accommodations; Mr. DOLE. Mr. President, we are now Bradley Domenici Helms procedures for remedy of viola- going to final passage. That will be the Breaux Dorgan Hollings tions. Brown Exon Hutchison last vote today. Bryan Faircloth Inhofe PART C—OCCUPATIONAL SAFETY AND HEALTH Then tomorrow, we will start on un- Bumpers Feingold Inouye ACT OF 1970 Burns Feinstein Jeffords funded mandates, debate only, at 10 Sec. 215. Rights and protections under the o’clock. We worked out a problem with Campbell Ford Johnston Chafee Frist Kassebaum Occupational Safety and Health the distinguished Senator from South Coats Glenn Kempthorne Act of 1970; procedures for rem- Dakota, the Democratic leader, I guess Cochran Gorton Kennedy edy of violations. S 768 CONGRESSIONAL RECORD — SENATE January 11, 1995

PART D—LABOR-MANAGEMENT RELATIONS (5) EMPLOYEE OF THE OFFICE OF THE ARCHI- tions) relating to (A) the terms and condi- Sec. 220. Application of chapter 71 of title 5, TECT OF THE CAPITOL.—The term ‘‘employee tions of employment (including hiring, pro- United States Code, relating to of the Office of the Architect of the Capitol’’ motion, demotion, termination, salary, Federal service labor-manage- includes any employee of the Office of the wages, overtime compensation, benefits, ment relations; procedures for Architect of the Capitol, the Botanic Garden, work assignments or reassignments, griev- remedy of violations. or the Senate Restaurants. ance and disciplinary procedures, protection (6) EMPLOYEE OF THE CAPITOL POLICE.—The from discrimination in personnel actions, oc- PART E—GENERAL term ‘‘employee of the Capitol Police’’ in- cupational health and safety, and family and Sec. 225. Generally applicable remedies and cludes any member or officer of the Capitol medical and other leave) of employees, and limitations. Police. (B) access to public services and accommoda- PART F—STUDY (7) EMPLOYEE OF THE HOUSE OF REPRESENTA- tions, Sec. 230. Study and recommendations re- TIVES.—The term ‘‘employee of the House of (2) BOARD REPORT.—Beginning on Decem- garding General Accounting Of- Representatives’’ includes an individual oc- ber 31, 1996, and every 2 years thereafter, the fice, Government Printing Of- cupying a position the pay for which is dis- Board shall report on (A) whether or to what fice, and Library of Congress. bursed by the Clerk of the House of Rep- degree the provisions described in paragraph TITLE III—OFFICE OF COMPLIANCE resentatives, or another official designated (1) are applicable or inapplicable to the legis- by the House of Representatives, or any em- lative branch, and (B) with respect to provi- Sec. 301. Establishment of Office of Compli- ployment position in an entity that is paid sions inapplicable to the legislative branch, ance. with funds derived from the clerk-hire allow- whether such provisions should be made ap- Sec. 302. Officers, staff, and other personnel. ance of the House of Representatives but not plicable to the legislative branch. The pre- Sec. 303. Procedural rules. any such individual employed by any entity siding officers of the House of Representa- Sec. 304. Substantive regulations. listed in subparagraphs (C) through (I) of tives and the Senate shall cause each such Sec. 305. Expenses. paragraph (3). report to be printed in the Congressional TITLE IV—ADMINISTRATIVE AND JUDI- (8) EMPLOYEE OF THE SENATE.—The term Record and each such report shall be referred CIAL DISPUTE-RESOLUTION PROCE- ‘‘employee of the Senate’’ includes any em- to the committees of the House of Represent- DURES ployee whose pay is disbursed by the Sec- atives and the Senate with jurisdiction. Sec. 401. Procedure for consideration of al- retary of the Senate, but not any such indi- (3) REPORTS OF CONGRESSIONAL COMMIT- leged violations. vidual employed by any entity listed in sub- TEES.—Each report accompanying any bill or Sec. 402. Counseling. paragraphs (C) through (I) of paragraph (3). joint resolution relating to terms and condi- Sec. 403. Mediation. (9) EMPLOYING OFFICE.—The term ‘‘employ- tions of employment or access to public serv- Sec. 404. Election of proceeding. ing office’’ means— ices or accommodations reported by a com- Sec. 405. Complaint and hearing. (A) the personal office of a Member of the mittee of the House of Representatives or Sec. 406. Appeal to the Board. House of Representatives or of a Senator; the Senate shall— Sec. 407. Judicial review of Board decisions (B) a committee of the House of Represent- (A) describe the manner in which the pro- and enforcement. atives or the Senate or a joint committee; visions of the bill or joint resolution apply to Sec. 408. Civil action. (C) any other office headed by a person the legislative branch; or Sec. 409. Judicial review of regulations. with the final authority to appoint, hire, dis- (B) in the case of a provision not applicable Sec. 410. Other judicial review prohibited. charge, and set the terms, conditions, or to the legislative branch, include a state- Sec. 411. Effect of failure to issue regula- privileges of the employment of an employee ment of the reasons the provision does not tions. of the House of Representatives or the Sen- apply. Sec. 412. Expedited review of certain ap- ate; or On the objection of any Member, it shall not peals. (D) the Capitol Guide Board, the Capitol be in order for the Senate or the House of Sec. 413. Privileges and immunities. Police Board, the Congressional Budget Of- Representatives to consider any such bill or Sec. 414. Settlement of complaints. fice, the Office of the Architect of the Cap- joint resolution if the report of the commit- Sec. 415. Payments. itol, the Office of the Attending Physician, tee on such bill or joint resolution does not Sec. 416. Confidentiality. the Office of Compliance, and the Office of comply with the provisions of this para- TITLE V—MISCELLANEOUS PROVISIONS Technology Assessment. graph. This paragraph may be waived in ei- (10) EXECUTIVE DIRECTOR.—The term ‘‘Ex- ther House by majority vote of that House. Sec. 501. Exercise of rulemaking powers. ecutive Director’’ means the Executive Di- TITLE II—EXTENSION OF RIGHTS AND Sec. 502. Political affiliation and place of rector of the Office of Compliance. residence. PROTECTIONS (11) GENERAL COUNSEL.—The term ‘‘General Sec. 503. Nondiscrimination rules of the Counsel’’ means the General Counsel of the PART A—EMPLOYMENT DISCRIMINATION, House and Senate. Office of Compliance. FAMILY AND MEDICAL LEAVE, FAIR Sec. 504. Technical and conforming amend- (12) OFFICE.—The term ‘‘Office’’ means the LABOR STANDARDS, EMPLOYEE POLY- ments. Office of Compliance. GRAPH PROTECTION, WORKER ADJUST- Sec. 505. Judicial branch coverage study. MENT AND RETRAINING, EMPLOYMENT Sec. 506. Savings provisions. SEC. 102. APPLICATION OF LAWS. AND REEMPLOYMENT OF VETERANS, Sec. 507. Use of frequent flyer miles. (a) LAWS MADE APPLICABLE.—The following AND INTIMIDATION laws shall apply, as prescribed by this Act, Sec. 508. Sense of Senate regarding adoption SEC. 201. RIGHTS AND PROTECTIONS UNDER of simplified and streamlined to the legislative branch of the Federal Gov- ernment: TITLE VII OF THE CIVIL RIGHTS ACT acquisition procedures for Sen- OF 1964, THE AGE DISCRIMINATION ate acquisitions. (1) The Fair Labor Standards Act of 1938 (29 IN EMPLOYMENT ACT OF 1967, THE Sec. 509. Severability. U.S.C. 201 et seq.). REHABILITATION ACT OF 1973, AND (2) Title VII of the Civil Rights Act of 1964 TITLE I OF THE AMERICANS WITH TITLE I—GENERAL (42 U.S.C. 2000e et seq.). DISABILITIES ACT OF 1990. SEC. 101. DEFINITIONS. (3) The Americans with Disabilities Act of (a) DISCRIMINATORY PRACTICES PROHIB- Except as otherwise specifically provided 1990 (42 U.S.C. 12101 et seq.). ITED.—All personnel actions affecting cov- in this Act, as used in this Act: (4) The Age Discrimination in Employment ered employees shall be made free from any (1) BOARD.—The term ‘‘Board’’ means the Act of 1967 (29 U.S.C. 621 et seq.). discrimination based on— Board of Directors of the Office of Compli- (5) The Family and Medical Leave Act of (1) race, color, religion, sex, or national or- ance. 1993 (29 U.S.C. 2611 et seq.). igin, within the meaning of section 703 of the (2) CHAIR.—The term ‘‘Chair’’ means the (6) The Occupational Safety and Health Civil Rights Act of 1964 (42 U.S.C. 2000e–2); Chair of the Board of Directors of the Office Act of 1970 (29 U.S.C. 651 et seq.). (2) age, within the meaning of section 15 of of Compliance. (7) Chapter 71 (relating to Federal service the Age Discrimination in Employment Act (3) COVERED EMPLOYEE.—The term ‘‘cov- labor-management relations) of title 5, Unit- of 1967 (29 U.S.C. 633a); or ered employee’’ means any employee of— ed States Code. (3) disability, within the meaning of sec- (A) the House of Representatives; (8) The Employee Polygraph Protection tion 501 of the Rehabilitation Act of 1973 (29 (B) the Senate; Act of 1988 (29 U.S.C. 2001 et seq.). U.S.C. 791) and sections 102 through 104 of the (C) the Capitol Guide Service; (9) The Worker Adjustment and Retraining Americans with Disabilities Act of 1990 (42 (D) the Capitol Police; Notification Act (29 U.S.C. 2101 et seq.). U.S.C. 12112–12114). (E) the Congressional Budget Office; (10) The Rehabilitation Act of 1973 (29 (b) REMEDY.— (F) the Office of the Architect of the Cap- U.S.C. 701 et seq.). (1) CIVIL RIGHTS.—The remedy for a viola- itol; (11) Chapter 43 (relating to veterans’ em- tion of subsection (a)(1) shall be— (G) the Office of the Attending Physician; ployment and reemployment) of title 38, (A) such remedy as would be appropriate if (H) the Office of Compliance; or United States Code. awarded under section 706(g) of the Civil (I) the Office of Technology Assessment. (b) LAWS WHICH MAY BE MADE APPLICA- Rights Act of 1964 (42 U.S.C. 2000e–5(g)); and (4) EMPLOYEE.—The term ‘‘employee’’ in- BLE.— (B) such compensatory damages as would cludes an applicant for employment and a (1) IN GENERAL.—The Board shall review be appropriate if awarded under section 1977 former employee. provisions of Federal law (including regula- of the Revised Statutes (42 U.S.C. 1981), or as January 11, 1995 CONGRESSIONAL RECORD — SENATE S 769

would be appropriate if awarded under sec- cable by this section, except that the au- (1) IN GENERAL.—Subsections (a) and (b) tions 1977A(a)(1), 1977A(b)(2), and, irrespec- thorities of the Equal Employment Oppor- shall be effective 1 year after the date of the tive of the size of the employing office, tunity Commission shall be exercised by the enactment of this Act. 1977A(b)(3)(D) of the Revised Statutes (42 chief official of the instrumentality of the (2) GENERAL ACCOUNTING OFFICE AND LI- U.S.C. 1981a(a)(1), 1981a(b)(2), and Congress.’’; and BRARY OF CONGRESS.—Subsection (c) shall be 1981a(b)(3)(D)). (F) by amending the title of the section to effective 1 year after transmission to the (2) AGE DISCRIMINATION.—The remedy for a read ‘‘INSTRUMENTALITIES OF THE CON- Congress of the study under section 230. violation of subsection (a)(2) shall be— GRESS’’. (A) such remedy as would be appropriate if (d) EFFECTIVE DATE.—This section shall SEC. 203. RIGHTS AND PROTECTIONS UNDER THE awarded under section 15(c) of the Age Dis- take effect 1 year after the date of the enact- FAIR LABOR STANDARDS ACT OF crimination in Employment Act of 1967 (29 ment of this Act. 1938. (a) FAIR LABOR STANDARDS.— U.S.C. 633a(c)); and SEC. 202. RIGHTS AND PROTECTIONS UNDER THE (B) such liquidated damages as would be FAMILY AND MEDICAL LEAVE ACT (1) IN GENERAL.—The rights and protec- appropriate if awarded under section 7(b) of OF 1993. tions established by subsections (a)(1) and (d) such Act (29 U.S.C. 626(b)). (a) FAMILY AND MEDICAL LEAVE RIGHTS AND of section 6, section 7, and section 12(c) of In addition, the waiver provisions of section PROTECTIONS PROVIDED.— the Fair Labor Standards Act of 1938 (29 7(f) of such Act (29 U.S.C. 626(f)) shall apply (1) IN GENERAL.—The rights and protec- U.S.C. 206 (a)(1) and (d), 207, 212(c)) shall to covered employees. tions established by sections 101 through 105 apply to covered employees. (3) DISABILITIES DISCRIMINATION.—The rem- of the Family and Medical Leave Act of 1993 (2) INTERNS.—For the purposes of this sec- edy for a violation of subsection (a)(3) shall (29 U.S.C. 2611 through 2615) shall apply to tion, the term ‘‘covered employee’’ does not be— covered employees. include an intern as defined in regulations (A) such remedy as would be appropriate if (2) DEFINITION.—For purposes of the appli- under subsection (c). awarded under section 505(a)(1) of the Reha- cation described in paragraph (1)— (3) COMPENSATORY TIME.—Except as pro- bilitation Act of 1973 (29 U.S.C. 794a(a)(1)) or (A) the term ‘‘employer’’ as used in the vided in regulations under subsection (c)(3), section 107(a) of the Americans with Disabil- Family and Medical Leave Act of 1993 means covered employees may not receive compen- ities Act of 1990 (42 U.S.C. 12117(a)); and any employing office, and satory time in lieu of overtime compensa- (B) such compensatory damages as would (B) the term ‘‘eligible employee’’ as used in tion. be appropriate if awarded under sections the Family and Medical Leave Act of 1993 (b) REMEDY.—The remedy for a violation of 1977A(a)(2), 1977A(a)(3), 1977A(b)(2), and, irre- means a covered employee who has been em- subsection (a) shall be such remedy, includ- spective of the size of the employing office, ployed in any employing office for 12 months ing liquidated damages, as would be appro- 1977A(b)(3)(D) of the Revised Statutes (42 and for at least 1,250 hours of employment priate if awarded under section 16(b) of the U.S.C. 1981a(a)(2), 1981a(a)(3), 1981a(b)(2), and during the previous 12 months. Fair Labor Standards Act of 1938 (29 U.S.C. 1981a(b)(3)(D)). (b) REMEDY.—The remedy for a violation of 216(b)). (c) APPLICATION TO GENERAL ACCOUNTING subsection (a) shall be such remedy, includ- (c) REGULATIONS TO IMPLEMENT SECTION.— OFFICE, GOVERNMENT PRINTING OFFICE, AND ing liquidated damages, as would be appro- (1) IN GENERAL.—The Board shall, pursuant LIBRARY OF CONGRESS.— priate if awarded under paragraph (1) of sec- to section 304, issue regulations to imple- (1) SECTION 717 OF THE CIVIL RIGHTS ACT OF tion 107(a) of the Family and Medical Leave ment this section. Act of 1993 (29 U.S.C. 2617(a)(1)). 1964.—Section 717(a) of the Civil Rights Act of (2) AGENCY REGULATIONS.—Except as pro- 1964 (42 U.S.C. 2000e–16) is amended by— (c) APPLICATION TO GENERAL ACCOUNTING vided in paragraph (3), the regulations issued (A) striking ‘‘legislative and’’; OFFICE AND LIBRARY OF CONGRESS.— under paragraph (1) shall be the same as sub- (1) AMENDMENTS TO THE FAMILY AND MEDI- (B) striking ‘‘branches’’ and inserting stantive regulations promulgated by the Sec- CAL LEAVE ACT OF 1993.— ‘‘branch’’; and retary of Labor to implement the statutory (A) COVERAGE.—Section 101(4)(A) of the (C) inserting ‘‘Government Printing Office, provisions referred to in subsection (a) ex- Family and Medical Leave Act of 1993 (29 the General Accounting Office, and the’’ cept insofar as the Board may determine, for U.S.C. 2611(4)(A)) is amended by striking after ‘‘and in the’’. good cause shown and stated together with ‘‘and’’ at the end of clause (ii), by striking (2) SECTION 15 OF THE AGE DISCRIMINATION IN the regulation, that a modification of such the period at the end of clause (iii) and in- EMPLOYMENT ACT OF 1967.—Section 15(a) of the regulations would be more effective for the Age Discrimination in Employment Act of serting ‘‘; and’’, and by adding after clause implementation of the rights and protections 1967 (29 U.S.C. 633a(a)) is amended by— (iii) the following: under this section. (A) striking ‘‘legislative and’’; ‘‘(iv) includes the General Accounting Of- (3) IRREGULAR WORK SCHEDULES.—The (B) striking ‘‘branches’’ and inserting fice and the Library of Congress.’’. Board shall issue regulations for covered em- ‘‘branch’’; and (B) ENFORCEMENT.—Section 107 of the Fam- ployees whose work schedules directly de- (C) inserting ‘‘Government Printing Office, ily and Medical Leave Act of 1993 (29 U.S.C. pend on the schedule of the House of Rep- the General Accounting Office, and the’’ 2617) is amended by adding at the end the fol- resentatives or the Senate that shall be com- after ‘‘and in the’’. lowing: parable to the provisions in the Fair Labor (3) SECTION 509 OF THE AMERICANS WITH DIS- ‘‘(f) GENERAL ACCOUNTING OFFICE AND LI- Standards Act of 1938 that apply to employ- ABILITIES ACT OF 1990.—Section 509 of the BRARY OF CONGRESS.—In the case of the Gen- Americans with Disabilities Act of 1990 (42 eral Accounting Office and the Library of ees who have irregular work schedules. U.S.C. 12209) is amended— Congress, the authority of the Secretary of (d) APPLICATION TO THE GOVERNMENT (A) by striking subsections (a) and (b) of Labor under this title shall be exercised re- PRINTING OFFICE.—Section 3(e)(2)(A) of the section 509; spectively by the Comptroller General of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)(2)(A)) is amended— (B) in subsection (c), by striking ‘‘(c) IN- United States and the Librarian of Con- (1) in clause (iii), by striking ‘‘legislative STRUMENTALITIES OF CONGRESS.—’’ and in- gress.’’. or’’, serting ‘‘The General Accounting Office, the (2) CONFORMING AMENDMENT TO TITLE 5, (2) by striking ‘‘or’’ at the end of clause Government Printing Office, and the Library UNITED STATES CODE.—Section 6381(1)(A) of of Congress shall be covered as follows:’’; title 5, United States Code, is amended by (iv), and (C) by striking the second sentence of para- striking ‘‘and’’ after ‘‘District of Columbia’’ (3) by striking the semicolon at the end of graph (2); and inserting before the semicolon the fol- clause (v) and inserting ‘‘, or’’ and by adding (D) in paragraph (4), by striking ‘‘the in- lowing: ‘‘, and any employee of the General after clause (v) the following: strumentalities of the Congress include’’ and Accounting Office or the Library of Con- ‘‘(vi) the Government Printing Office;’’. inserting ‘‘the term ‘instrumentality of the gress’’. (e) EFFECTIVE DATE.—Subsections (a) and (b) shall be effective 1 year after the date of Congress’ means’’, by striking ‘‘the Archi- (d) REGULATIONS.— the enactment of this Act. tect of the Capitol, the Congressional Budget (1) IN GENERAL.—The Board shall, pursuant Office’’, by inserting ‘‘and’’ before ‘‘the Li- to section 304, issue regulations to imple- SEC. 204. RIGHTS AND PROTECTIONS UNDER THE brary’’, and by striking ‘‘the Office of Tech- ment the rights and protections under this EMPLOYEE POLYGRAPH PROTEC- nology Assessment, and the United States section. TION ACT OF 1988. Botanic Garden’’; (2) AGENCY REGULATIONS.—The regulations (a) POLYGRAPH PRACTICES PROHIBITED.— (E) by redesignating paragraph (5) as para- issued under paragraph (1) shall be the same (1) IN GENERAL.—No employing office, irre- graph (7) and by inserting after paragraph (4) as substantive regulations promulgated by spective of whether a covered employee the following new paragraph: the Secretary of Labor to implement the works in that employing office, may require ‘‘(5) ENFORCEMENT OF EMPLOYMENT statutory provisions referred to in sub- a covered employee to take a lie detector RIGHTS.—The remedies and procedures set section (a) except insofar as the Board may test where such a test would be prohibited if forth in section 717 of the Civil Rights Act of determine, for good cause shown and stated required by an employer under paragraph (1), 1964 (42 U.S.C. 2000e–16) shall be available to together with the regulation, that a modi- (2), or (3) of section 3 of the Employee Poly- any employee of an instrumentality of the fication of such regulations would be more graph Protection Act of 1988 (29 U.S.C. 2002 Congress who alleges a violation of the effective for the implementation of the (1), (2), or (3)). In addition, the waiver provi- rights and protections under sections 102 rights and protections under this section. sions of section 6(d) of such Act (29 U.S.C. through 104 of this Act that are made appli- (e) EFFECTIVE DATE.— 2005(d)) shall apply to covered employees. S 770 CONGRESSIONAL RECORD — SENATE January 11, 1995

(2) DEFINITIONS.—For purposes of this sec- effective 1 year after the date of the enact- or equitable remedy as may be appropriate tion, the term ‘‘covered employee’’ shall in- ment of this Act. to redress a violation of subsection (a). clude employees of the General Accounting (2) GENERAL ACCOUNTING OFFICE AND LI- PART B—PUBLIC SERVICES AND ACCOM- Office and the Library of Congress and the BRARY OF CONGRESS.—This section shall be MODATIONS UNDER THE AMERICANS term ‘‘employing office’’ shall include the effective with respect to the General Ac- WITH DISABILITIES ACT OF 1990 General Accounting Office and the Library of counting Office and the Library of Congress Congress. 1 year after transmission to the Congress of SEC. 210. RIGHTS AND PROTECTIONS UNDER THE AMERICANS WITH DISABILITIES ACT (3) CAPITOL POLICE.—Nothing in this sec- the study under section 230. OF 1990 RELATING TO PUBLIC SERV- tion shall preclude the Capitol Police from SEC. 206. RIGHTS AND PROTECTIONS RELATING ICES AND ACCOMMODATIONS; PRO- using lie detector tests in accordance with TO VETERANS’ EMPLOYMENT AND CEDURES FOR REMEDY OF VIOLA- regulations under subsection (c). REEMPLOYMENT. TIONS. (b) REMEDY.—The remedy for a violation of (a) EMPLOYMENT AND REEMPLOYMENT (a) ENTITIES SUBJECT TO THIS SECTION.— subsection (a) shall be such remedy as would RIGHTS OF MEMBERS OF THE UNIFORMED The requirements of this section shall apply be appropriate if awarded under section SERVICES.— to— 6(c)(1) of the Employee Polygraph Protection (1) IN GENERAL.—It shall be unlawful for an (1) each office of the Senate, including Act of 1988 (29 U.S.C. 2005(c)(1)). employing office to— each office of a Senator and each committee; (c) REGULATIONS TO IMPLEMENT SECTION.— (A) discriminate, within the meaning of (2) each office of the House of Representa- (1) IN GENERAL.—The Board shall, pursuant subsections (a) and (b) of section 4311 of title tives, including each office of a Member of to section 304, issue regulations to imple- 38, United States Code, against an eligible the House of Representatives and each comment this section. employee; mittee; (2) AGENCY REGULATIONS.—The regulations (B) deny to an eligible employee reemploy- (3) each joint committee of the Congress; issued under paragraph (1) shall be the same ment rights within the meaning of sections (4) the Capitol Guide Service; as substantive regulations promulgated by 4312 and 4313 of title 38, United States Code; (5) the Capitol Police; the Secretary of Labor to implement the or (6) the Congressional Budget Office; statutory provisions referred to in sub- (C) deny to an eligible employee benefits (7) the Office of the Architect of the Cap- sections (a) and (b) except insofar as the within the meaning of sections 4316, 4317, and itol (including the Senate Restaurants and Board may determine, for good cause shown 4318 of title 38, United States Code. the Botanic Garden); and stated together with the regulation, that (2) DEFINITIONS.—For purposes of this sec- (8) the Office of the Attending Physician; a modification of such regulations would be tion— (9) the Office of Compliance; and more effective for the implementation of the (A) the term ‘‘eligible employee’’ means a (10) the Office of Technology Assessment. rights and protections under this section. covered employee performing service in the (b) DISCRIMINATION IN PUBLIC SERVICES AND (d) EFFECTIVE DATE.— uniformed services, within the meaning of ACCOMMODATIONS.— (1) IN GENERAL.—Except as provided in section 4303(13) of title 38, United States (1) RIGHTS AND PROTECTIONS.—The rights paragraph (2), subsections (a) and (b) shall be Code, whose service has not been terminated and protections against discrimination in effective 1 year after the date of the enact- upon occurrence of any of the events enu- the provision of public services and accom- ment of this Act. merated in section 4304 of title 38, United modations established by sections 201 (2) GENERAL ACCOUNTING OFFICE AND LI- States Code, through 230, 302, 303, and 309 of the Ameri- BRARY OF CONGRESS.—This section shall be (B) the term ‘‘covered employee’’ includes cans with Disabilities Act of 1990 (42 U.S.C. effective with respect to the General Ac- employees of the General Accounting Office 12131–12150, 12182, 12183, and 12189) shall apply counting Office and the Library of Congress and the Library of Congress, and to the entities listed in subsection (a). 1 year after transmission to the Congress of (C) the term ‘‘employing office’’ includes (2) DEFINITIONS.—For purposes of the appli- the study under section 230. the General Accounting Office and the Li- cation of title II of the Americans with Dis- SEC. 205. RIGHTS AND PROTECTIONS UNDER THE brary of Congress. abilities Act of 1990 (42 U.S.C. 12131 et seq.) WORKER ADJUSTMENT AND RE- (b) REMEDY.—The remedy for a violation of under this section, the term ‘‘public entity’’ TRAINING NOTIFICATION ACT. subsection (a) shall be such remedy as would means any entity listed in subsection (a) (a) WORKER ADJUSTMENT AND RETRAINING be appropriate if awarded under paragraphs that provides public services, programs, or NOTIFICATION RIGHTS.— (1), (2)(A), and (3) of section 4323(c) of title 38, activities. (1) IN GENERAL.—No employing office shall United States Code. (c) REMEDY.—The remedy for a violation of be closed or a mass layoff ordered within the (c) REGULATIONS TO IMPLEMENT SECTION.— subsection (b) shall be such remedy as would meaning of section 3 of the Worker Adjust- (1) IN GENERAL.—The Board shall, pursuant be appropriate if awarded under section 203 ment and Retraining Notification Act (29 to section 304, issue regulations to imple- or 308(a) of the Americans with Disabilities U.S.C. 2102) until the end of a 60-day period ment this section. Act of 1990 (42 U.S.C. 12133, 12188(a)), except after the employing office serves written no- (2) AGENCY REGULATIONS.—The regulations that, with respect to any claim of employ- tice of such prospective closing or layoff to issued under paragraph (1) shall be the same ment discrimination asserted by any covered representatives of covered employees or, if as substantive regulations promulgated by employee, the exclusive remedy shall be there are no representatives, to covered em- the Secretary of Labor to implement the under section 201 of this title. ployees. statutory provisions referred to in sub- (d) AVAILABLE PROCEDURES.— (2) DEFINITIONS.—For purposes of this sec- section (a) except to the extent that the (1) CHARGE FILED WITH GENERAL COUNSEL.— tion, the term ‘‘covered employee’’ shall in- Board may determine, for good cause shown A qualified individual with a disability, as clude employees of the General Accounting and stated together with the regulation, that defined in section 201(2) of the Americans Office and the Library of Congress and the a modification of such regulations would be with Disabilities Act of 1990 (42 U.S.C. term ‘‘employing office’’ shall include the more effective for the implementation of the 12131(2)), who alleges a violation of sub- General Accounting Office and the Library of rights and protections under this section. section (b) by an entity listed in subsection Congress. (d) EFFECTIVE DATE.— (a), may file a charge against any entity re- (b) REMEDY.—The remedy for a violation of (1) IN GENERAL.—Except as provided in sponsible for correcting the violation with subsection (a) shall be such remedy as would paragraph (2), subsections (a) and (b) shall be the General Counsel within 180 days of the be appropriate if awarded under paragraphs effective 1 year after the date of the enact- occurrence of the alleged violation. The Gen- (1), (2), and (4) of section 5(a) of the Worker ment of this Act. eral Counsel shall investigate the charge. Adjustment and Retraining Notification Act (2) GENERAL ACCOUNTING OFFICE AND LI- (2) MEDIATION.—If, upon investigation (29 U.S.C. 2104(a)(1), (2), and (4)). BRARY OF CONGRESS.—This section shall be under paragraph (1), the General Counsel be- (c) REGULATIONS TO IMPLEMENT SECTION.— effective with respect to the General Ac- lieves that a violation of subsection (b) may (1) IN GENERAL.—The Board shall, pursuant counting Office and the Library of Congress have occurred and that mediation may be to section 304, issue regulations to imple- 1 year after transmission to the Congress of helpful in resolving the dispute, the General ment this section. the study under section 230. Counsel may request, but not participate in, (2) AGENCY REGULATIONS.—The regulations SEC. 207. PROHIBITION OF INTIMIDATION OR RE- mediation under subsections (b) through (d) issued under paragraph (1) shall be the same PRISAL. of section 403 between the charging individ- as substantive regulations promulgated by (a) IN GENERAL.—It shall be unlawful for an ual and any entity responsible for correcting the Secretary of Labor to implement the employing office to intimidate, take reprisal the alleged violation. statutory provisions referred to in sub- against, or otherwise discriminate against, (3) COMPLAINT, HEARING, BOARD REVIEW.—If section (a) except insofar as the Board may any covered employee because the covered mediation under paragraph (2) has not suc- determine, for good cause shown and stated employee has opposed any practice made un- ceeded in resolving the dispute, and if the together with the regulation, that a modi- lawful by this Act, or because the covered General Counsel believes that a violation of fication of such regulations would be more employee has initiated proceedings, made a subsection (b) may have occurred, the Gen- effective for the implementation of the charge, or testified, assisted, or participated eral Counsel may file with the Office a com- rights and protections under this section. in any manner in a hearing or other proceed- plaint against any entity responsible for cor- (d) EFFECTIVE DATE.— ing under this Act. recting the violation. The complaint shall be (1) IN GENERAL.—Except as provided in (b) REMEDY.—The remedy available for a submitted to a hearing officer for decision paragraph (2), subsections (a) and (b) shall be violation of subsection (a) shall be such legal pursuant to subsections (b) through (h) of January 11, 1995 CONGRESSIONAL RECORD — SENATE S 771

section 405 and any person who has filed a (4) DETAILED PERSONNEL.—The Attorney places of employment under the jurisdiction charge under paragraph (1) may intervene as General, the Secretary of Transportation, of employing offices. of right, with the full rights of a party. The and the Architectural and Transportation (2) CITATIONS, NOTICES, AND NOTIFICA- decision of the hearing officer shall be sub- Barriers Compliance Board may, on request TIONS.—For purposes of this section, the ject to review by the Board pursuant to sec- of the Executive Director, detail to the Of- General Counsel shall exercise the authori- tion 406. fice such personnel as may be necessary to ties granted to the Secretary of Labor in sec- (4) JUDICIAL REVIEW.—A charging individ- advise and assist the Office in carrying out tions 9 and 10 of the Occupational Safety and ual who has intervened under paragraph (3) its duties under this section. Health Act of 1970 (29 U.S.C. 658 and 659), to or any respondent to the complaint, if ag- (g) APPLICATION OF AMERICANS WITH DIS- issue— grieved by a final decision of the Board ABILITIES ACT OF 1990 TO THE PROVISION OF (A) a citation or notice to any employing under paragraph (3), may file a petition for PUBLIC SERVICES AND ACCOMMODATIONS BY office responsible for correcting a violation review in the United States Court of Appeals THE GENERAL ACCOUNTING OFFICE, THE GOV- of subsection (a); or for the Federal Circuit, pursuant to section ERNMENT PRINTING OFFICE, AND THE LIBRARY (B) a notification to any employing office 407. OF CONGRESS.—Section 509 of the Americans that the General Counsel believes has failed (5) COMPLIANCE DATE.—If new appropriated with Disabilities Act of 1990 (42 U.S.C. to correct a violation for which a citation funds are necessary to comply with an order 12209)), as amended by section 201(c) of this has been issued within the period permitted requiring correction of a violation of sub- Act, is amended by adding the following new for its correction. section (b), compliance shall take place as paragraph: (3) HEARINGS AND REVIEW.—If after issuing soon as possible, but no later than the fiscal ‘‘(6) ENFORCEMENT OF RIGHTS TO PUBLIC a citation or notification, the General Coun- year following the end of the fiscal year in SERVICES AND ACCOMMODATIONS.—The rem- sel determines that a violation has not been which the order requiring correction be- edies and procedures set forth in section 717 corrected, the General Counsel may file a comes final and not subject to further re- of the Civil Rights Act of 1964 (42 U.S.C. complaint with the Office against the em- view. 2000e–16) shall be available to any qualified ploying office named in the citation or noti- (e) REGULATIONS TO IMPLEMENT SECTION.— person with a disability who is a visitor, fication. The complaint shall be submitted (1) IN GENERAL.—The Board shall, pursuant guest, or patron of an instrumentality of to section 304, issue regulations to imple- to a hearing officer for decision pursuant to Congress and who alleges a violation of the subsections (b) through (h) of section 405, ment this section. rights and protections under sections 201 (2) AGENCY REGULATIONS.—The regulations subject to review by the Board pursuant to through 230 or section 302 or 303 of this Act section 406. issued under paragraph (1) shall be the same that are made applicable by this section, ex- as substantive regulations promulgated by (4) VARIANCE PROCEDURES.—An employing cept that the authorities of the Equal Em- office may request from the Board an order the Attorney General and the Secretary of ployment Opportunity Commission shall be Transportation to implement the statutory granting a variance from a standard made exercised by the chief official of the instru- applicable by this section. For the purposes provisions referred to in subsection (b) ex- mentality of the Congress.’’. cept to the extent that the Board may deter- of this section, the Board shall exercise the (h) EFFECTIVE DATE.— mine, for good cause shown and stated to- authorities granted to the Secretary of (1) IN GENERAL.—Subsections (b), (c), and Labor in sections 6(b)(6) and 6(d) of the Occu- gether with the regulation, that a modifica- (d) shall be effective on January 1, 1997. tion of such regulations would be more effec- pational Safety and Health Act of 1970 (29 (2) GENERAL ACCOUNTING OFFICE, GOVERN- tive for the implementation of the rights and U.S.C. 655(b)(6) and 655(d)) to act on any em- MENT PRINTING OFFICE, AND LIBRARY OF CON- protections under this section. ploying office’s request for a variance. The GRESS.—Subsection (g) shall be effective 1 (3) ENTITY RESPONSIBLE FOR CORRECTION.— Board shall refer the matter to a hearing of- year after transmission to the Congress of The regulations issued under paragraph (1) ficer pursuant to subsections (b) through (h) the study under section 230. shall include a method of identifying, for of section 405, subject to review by the Board purposes of this section and for categories of PART C—OCCUPATIONAL SAFETY AND pursuant to section 406. violations of subsection (b), the entity re- HEALTH ACT OF 1970 (5) JUDICIAL REVIEW.—The General Counsel sponsible for correction of a particular viola- SEC. 215. RIGHTS AND PROTECTIONS UNDER THE or employing office aggrieved by a final deci- tion. OCCUPATIONAL SAFETY AND sion of the Board under paragraph (3) or (4), (f) PERIODIC INSPECTIONS; REPORT TO CON- HEALTH ACT OF 1970; PROCEDURES may file a petition for review with the Unit- GRESS; INITIAL STUDY.— FOR REMEDY OF VIOLATIONS. ed States Court of Appeals for the Federal (1) PERIODIC INSPECTIONS.—On a regular (a) OCCUPATIONAL SAFETY AND HEALTH PRO- Circuit pursuant to section 407. basis, and at least once each Congress, the TECTIONS.— (6) COMPLIANCE DATE.—If new appropriated General Counsel shall inspect the facilities (1) IN GENERAL.—Each employing office and funds are necessary to correct a violation of of the entities listed in subsection (a) to en- each covered employee shall comply with the subsection (a) for which a citation is issued, sure compliance with subsection (b). provisions of section 5 of the Occupational or to comply with an order requiring correc- (2) REPORT.—On the basis of each periodic Safety and Health Act of 1970 (29 U.S.C. 654). tion of such a violation, correction or com- inspection, the General Counsel shall, at (2) DEFINITIONS.—For purposes of the appli- pliance shall take place as soon as possible, least once every Congress, prepare and sub- cation under this section of the Occupational but not later than the end of the fiscal year mit a report— Safety and Health Act of 1970— following the fiscal year in which the cita- (A) to the Speaker of the House of Rep- (A) the term ‘‘employer’’ as used in such tion is issued or the order requiring correc- resentatives, the President pro tempore of Act means an employing office; tion becomes final and not subject to further the Senate, and the Office of the Architect of (B) the term ‘‘employee’’ as used in such review. the Capitol, or other entity responsible, for Act means a covered employee; (d) REGULATIONS TO IMPLEMENT SECTION.— correcting the violation of this section un- (C) the term ‘‘employing office’’ includes (1) IN GENERAL.—The Board shall, pursuant covered by such inspection, and the General Accounting Office, the Library to section 304, issue regulations to imple- (B) containing the results of the periodic of Congress, and any entity listed in sub- ment this section. inspection, describing any steps necessary to section (a) of section 210 that is responsible (2) AGENCY REGULATIONS.—The regulations correct any violation of this section, assess- for correcting a violation of this section, ir- issued under paragraph (1) shall be the same ing any limitations in accessibility to and respective of whether the entity has an em- as substantive regulations promulgated by usability by individuals with disabilities as- ployment relationship with any covered em- the Secretary of Labor to implement the sociated with each violation, and the esti- ployee in any employing office in which such statutory provisions referred to in sub- mated cost and time needed for abatement. a violation occurs; and section (a) except to the extent that the (3) INITIAL PERIOD FOR STUDY AND CORREC- (D) the term ‘‘employee’’ includes employ- Board may determine, for good cause shown TIVE ACTION.—The period from the date of ees of the General Accounting Office and the and stated together with the regulation, that the enactment of this Act until December 31, Library of Congress. a modification of such regulations would be 1996, shall be available to the Office of the (b) REMEDY.—The remedy for a violation of more effective for the implementation of the Architect of the Capitol and other entities subsection (a) shall be an order to correct rights and protections under this section. subject to this section to identify any viola- the violation, including such order as would (3) EMPLOYING OFFICE RESPONSIBLE FOR COR- tions of subsection (b), to determine the be appropriate if issued under section 13(a) of RECTION.—The regulations issued under para- costs of compliance, and to take any nec- the Occupational Safety and Health Act of graph (1) shall include a method of identify- essary corrective action to abate any viola- 1970 (29 U.S.C. 662(a)). ing, for purposes of this section and for dif- tions. The Office shall assist the Office of the (c) PROCEDURES.— ferent categories of violations of subsection Architect of the Capitol and other entities (1) REQUESTS FOR INSPECTIONS.—Upon writ- (a), the employing office responsible for cor- listed in subsection (a) by arranging for in- ten request of any employing office or cov- rection of a particular violation. spections and other technical assistance at ered employee, the General Counsel shall ex- (e) PERIODIC INSPECTIONS; REPORT TO CON- their request. Prior to July 1, 1996, the Gen- ercise the authorities granted to the Sec- GRESS.— eral Counsel shall conduct a thorough in- retary of Labor by subsections (a), (d), (e), (1) PERIODIC INSPECTIONS.—On a regular spection under paragraph (1) and shall sub- and (f) of section 8 of the Occupational Safe- basis, and at least once each Congress, the mit the report under paragraph (2) for the ty and Health Act of 1970 (29 U.S.C. 657 (a), General Counsel, exercising the same au- 104th Congress. (d), (e), and (f)) to inspect and investigate thorities of the Secretary of Labor as under S 772 CONGRESSIONAL RECORD — SENATE January 11, 1995 subsection (c)(1), shall conduct periodic in- 5, United States Code, as would be appro- ment the statutory provisions referred to in spections of all facilities of the House of priate if awarded by the Federal Labor Rela- subsection (a) except— Representatives, the Senate, the Capitol tions Authority to remedy a violation of any (A) to the extent that the Board may de- Guide Service, the Capitol Police, the Con- provision made applicable by subsection (a). termine, for good cause shown and stated to- gressional Budget Office, the Office of the (c) AUTHORITIES AND PROCEDURES FOR IM- gether with the regulation, that a modifica- Architect of the Capitol, the Office of the At- PLEMENTATION AND ENFORCEMENT.— tion of such regulations would be more effec- tending Physician, the Office of Compliance, (1) GENERAL AUTHORITIES OF THE BOARD; PE- tive for the implementation of the rights and the Office of Technology Assessment, the Li- TITIONS.—For purposes of this section and ex- protections under this section; or brary of Congress, and the General Account- cept as otherwise provided in this section, (B) as the Board deems necessary to avoid ing Office to report on compliance with sub- the Board shall exercise the authorities of a conflict of interest or appearance of a con- section (a). the Federal Labor Relations Authority under flict of interest. (2) REPORT.—On the basis of each periodic sections 7105, 7111, 7112, 7113, 7115, 7117, 7118, (e) SPECIFIC REGULATIONS REGARDING AP- inspection, the General Counsel shall prepare and 7122 of title 5, United States Code, and of PLICATION TO CERTAIN OFFICES OF CON- and submit a report— the President under section 7103(b) of title 5, GRESS.— (A) to the Speaker of the House of Rep- United States Code. For purposes of this sec- (1) REGULATIONS REQUIRED.—The Board resentatives, the President pro tempore of tion, any petition or other submission that, shall issue regulations pursuant to section the Senate, and the Office of the Architect of under chapter 71 of title 5, United States 304 on the manner and extent to which the the Capitol or other employing office respon- Code, would be submitted to the Federal requirements and exemptions of chapter 71 of Labor Relations Authority shall, if brought sible for correcting the violation of this sec- title 5, United States Code, should apply to under this section, be submitted to the tion uncovered by such inspection, and covered employees who are employed in the Board. The Board shall refer any matter (B) containing the results of the periodic offices listed in paragraph (2). The regula- under this paragraph to a hearing officer for inspection, identifying the employing office tions shall, to the greatest extent prac- decision pursuant to subsections (b) through responsible for correcting the violation of ticable, be consistent with the provisions this section uncovered by such inspection, (h) of section 405, subject to review by the Board pursuant to section 406. The Board and purposes of chapter 71 of title 5, United describing any steps necessary to correct States Code and of this Act, and shall be the any violation of this section, and assessing may direct that the General Counsel carry out the Board’s investigative authorities same as substantive regulations issued by any risks to employee health and safety as- the Federal Labor Relations Authority under sociated with any violation. under this paragraph. (2) GENERAL AUTHORITIES OF THE GENERAL such chapter, except— (3) ACTION AFTER REPORT.—If a report iden- (A) to the extent that the Board may de- tifies any violation of this section, the Gen- COUNSEL; CHARGES OF UNFAIR LABOR PRAC- TICE.—For purposes of this section and ex- termine, for good cause shown and stated to- eral Counsel shall issue a citation or notice gether with the regulation, that a modifica- in accordance with subsection (c)(2)(A). cept as otherwise provided in this section, the General Counsel shall exercise the au- tion of such regulations would be more effec- (4) DETAILED PERSONNEL.—The Secretary of thorities of the General Counsel of the Fed- tive for the implementation of the rights and Labor may, on request of the Executive Di- protections under this section; and rector, detail to the Office such personnel as eral Labor Relations Authority under sections 7104 and 7118 of title 5, United States (B) that the Board shall exclude from cov- may be necessary to advise and assist the Of- Code. For purposes of this section, any erage under this section any covered employ- fice in carrying out its duties under this sec- charge or other submission that, under chap- ees who are employed in offices listed in tion. ter 71 of title 5, United States Code, would be paragraph (2) if the Board determines that (f) INITIAL PERIOD FOR STUDY AND CORREC- submitted to the General Counsel of the Fed- such exclusion is required because of— TIVE ACTION.—The period from the date of eral Labor Relations Authority shall, if (i) a conflict of interest or appearance of a the enactment of this Act until December 31, brought under this section, be submitted to conflict of interest; or 1996, shall be available to the Office of the the General Counsel. If any person charges (ii) Congress’ constitutional responsibil- Architect of the Capitol and other employing an employing office or a labor organization ities. offices to identify any violations of sub- with having engaged in or engaging in an un- (2) OFFICES REFERRED TO.—The offices re- section (a), to determine the costs of compli- fair labor practice and makes such charge ferred to in paragraph (1) include— ance, and to take any necessary corrective within 180 days of the occurrence of the al- (A) the personal office of any Member of action to abate any violations. The Office leged unfair labor practice, the General shall assist the Office of the Architect of the the House of Representatives or of any Sen- Counsel shall investigate the charge and ator; Capitol and other employing offices by ar- may file a complaint with the Office. The ranging for inspections and other technical (B) a standing, select, special, permanent, complaint shall be submitted to a hearing of- temporary, or other committee of the Senate assistance at their request. Prior to July 1, ficer for decision pursuant to subsections (b) 1996, the General Counsel shall conduct a or House of Representatives, or a joint com- through (h) of section 405, subject to review mittee of Congress; thorough inspection under subsection (e)(1) by the Board pursuant to section 406. and shall submit the report under subsection (C) the Office of the Vice President (as (3) JUDICIAL REVIEW.—Except for matters President of the Senate), the Office of the (e)(2) for the 104th Congress. referred to in paragraphs (1) and (2) of sec- (g) EFFECTIVE DATE.— President pro tempore of the Senate, the Of- tion 7123(a) of title 5, United States Code, the fice of the Majority Leader of the Senate, (1) IN GENERAL.—Except as provided in General Counsel or the respondent to the paragraph (2), subsections (a), (b), (c), and the Office of the Minority Leader of the Sen- complaint, if aggrieved by a final decision of ate, the Office of the Majority Whip of the (e)(3) shall be effective on January 1, 1997. the Board under paragraphs (1) or (2) of this Senate, the Office of the Minority Whip of (2) GENERAL ACCOUNTING OFFICE AND LI- subsection, may file a petition for judicial the Senate, the Conference of the Majority of BRARY OF CONGRESS.—This section shall be review in the United States Court of Appeals the Senate, the Conference of the Minority effective with respect to the General Ac- for the Federal Circuit pursuant to section of the Senate, the Office of the Secretary of counting Office and the Library of Congress 407. the Conference of the Majority of the Senate, 1 year after transmission to the Congress of (4) EXERCISE OF IMPASSES PANEL AUTHORITY; the Office of the Secretary of the Conference the study under section 230. REQUESTS.—For purposes of this section and of the Minority of the Senate, the Office of PART D—LABOR-MANAGEMENT except as otherwise provided in this section, RELATIONS the Board shall exercise the authorities of the Secretary for the Majority of the Senate, the Federal Service Impasses Panel under the Office of the Secretary for the Minority SEC. 220. APPLICATION OF CHAPTER 71 OF TITLE of the Senate, the Majority Policy Commit- 5, UNITED STATES CODE, RELATING section 7119 of title 5, United States Code. TO FEDERAL SERVICE LABOR-MAN- For purposes of this section, any request tee of the Senate, the Minority Policy Com- AGEMENT RELATIONS; PROCEDURES that, under chapter 71 of title 5, United mittee of the Senate, and the following of- FOR REMEDY OF VIOLATIONS. States Code, would be presented to the Fed- fices within the Office of the Secretary of the (a) LABOR-MANAGEMENT RIGHTS.— eral Service Impasses Panel shall, if made Senate: Offices of the Parliamentarian, Bill (1) IN GENERAL.—The rights, protections, under this section, be presented to the Clerk, Legislative Clerk, Journal Clerk, Ex- and responsibilities established under sec- Board. At the request of the Board, the Exec- ecutive Clerk, Enrolling Clerk, Official Re- tions 7102, 7106, 7111 through 7117, 7119 utive Director shall appoint a mediator or porters of Debate, Daily Digest, Printing through 7122, and 7131 of title 5, United mediators to perform the functions of the Services, Captioning Services, and Senate States Code, shall apply to employing offices Federal Service Impasses Panel under sec- Chief Counsel for Employment; and to covered employees and representation 7119 of title 5, United States Code. (D) the Office of the Speaker of the House tives of those employees. (d) REGULATIONS TO IMPLEMENT SECTION.— of Representatives, the Office of the Major- (2) DEFINITION.—For purposes of the appli- (1) IN GENERAL.—The Board shall, pursuant ity Leader of the House of Representatives, cation under this section of the sections re- to section 304, issue regulations to imple- the Office of the Minority Leader of the ferred to in paragraph (1), the term ‘‘agency’’ ment this section. House of Representatives, the Offices of the shall be deemed to include an employing of- (2) AGENCY REGULATIONS.—Except as pro- Chief Deputy Majority Whips, the Offices of fice. vided in subsection (e), the regulations is- the Chief Deputy Minority Whips and the fol- (b) REMEDY.—The remedy for a violation of sued under paragraph (1) shall be the same as lowing offices within the Office of the Clerk subsection (a) shall be such remedy, includ- substantive regulations promulgated by the of the House of Representatives: Offices of ing a remedy under section 7118(a)(7) of title Federal Labor Relations Authority to imple- Legislative Operations, Official Reporters of January 11, 1995 CONGRESSIONAL RECORD — SENATE S 773 Debate, Official Reporters to Committees, forcement by the executive branch of this TITLE III—OFFICE OF COMPLIANCE Printing Services, and Legislative Informa- Act. tion; SEC. 301. ESTABLISHMENT OF OFFICE OF COM- PART F—STUDY PLIANCE. (E) the Office of the Legislative Counsel of SEC. 230. STUDY AND RECOMMENDATIONS RE- the Senate, the Office of the Senate Legal (a) ESTABLISHMENT.—There is established, GARDING GENERAL ACCOUNTING as an independent office within the legisla- Counsel, the Office of the Legislative Coun- OFFICE, GOVERNMENT PRINTING sel of the House of Representatives, the Of- OFFICE, AND LIBRARY OF CON- tive branch of the Federal Government, the fice of the General Counsel of the House of GRESS. Office of Compliance. Representatives, the Office of the Par- (a) IN GENERAL.—The Administrative Con- (b) BOARD OF DIRECTORS.—The Office shall liamentarian of the House of Representa- ference of the United States shall undertake have a Board of Directors. The Board shall tives, and the Office of the Law Revision a study of— consist of 5 individuals appointed jointly by Counsel; (1) the application of the laws listed in sub- the Speaker of the House of Representatives, (F) the offices of any caucus or party orga- section (b) to— the Majority Leader of the Senate, and the nization; (A) the General Accounting Office; Minority Leaders of the House of Represent- (G) the Congressional Budget Office, the (B) the Government Printing Office; and atives and the Senate. Appointments of the Office of Technology Assessment, and the Of- (C) the Library of Congress; and first 5 members of the Board shall be com- fice of Compliance; and (2) the regulations and procedures used by pleted not later than 90 days after the date (H) such other offices that perform com- the entities referred to in paragraph (1) to of the enactment of this Act. parable functions which are identified under apply and enforce such laws to themselves (c) CHAIR.—The Chair shall be appointed regulations of the Board. and their employees. from members of the Board jointly by the Speaker of the House of Representatives, the (f) EFFECTIVE DATE.— (b) APPLICABLE STATUTES.—The study Majority Leader of the Senate, and the Mi- (1) IN GENERAL.—Except as provided in under this section shall consider the applica- paragraph (2), subsections (a) and (b) shall be tion of the following laws: nority Leaders of the House of Representa- effective on October 1, 1996. (1) Title VII of the Civil Rights Act of 1964 tives and the Senate. (d) BOARD OF DIRECTORS QUALIFICATIONS.— (2) CERTAIN OFFICES.—With respect to the (42 U.S.C. 2000e et seq.), and related provi- offices listed in subsection (e)(2), to the cov- sions of section 2302 of title 5, United States (1) SPECIFIC QUALIFICATIONS.—Selection ered employees of such offices, and to rep- Code. and appointment of members of the Board resentatives of such employees, subsections (2) The Age Discrimination in Employment shall be without regard to political affili- (a) and (b) shall be effective on the effective Act of 1967 (29 U.S.C. 621 et seq.), and related ation and solely on the basis of fitness to date of regulations under subsection (e). provisions of section 2302 of title 5, United perform the duties of the Office. Members of States Code. the Board shall have training or experience PART E—GENERAL (3) The Americans with Disabilities Act of in the application of the rights, protections, SEC. 225. GENERALLY APPLICABLE REMEDIES 1990 (42 U.S.C. 12101 et seq.), and related pro- and remedies under one or more of the laws AND LIMITATIONS. visions of section 2302 of title 5, United made applicable under section 102. (a) ATTORNEY’S FEES.—If a covered em- States Code. (2) DISQUALIFICATIONS FOR APPOINTMENTS.— ployee, with respect to any claim under this (4) The Family and Medical Leave Act of (A) LOBBYING.—No individual who engages Act, or a qualified person with a disability, 1993 (29 U.S.C. 2611 et seq.), and related provi- in, or is otherwise employed in, lobbying of with respect to any claim under section 210, sions of sections 6381 through 6387 of title 5, the Congress and who is required under the is a prevailing party in any proceeding under United States Code. Federal Regulation of Lobbying Act to reg- section 405, 406, 407, or 408, the hearing offi- (5) The Fair Labor Standards Act of 1938 (29 ister with the Clerk of the House of Rep- cer, Board, or court, as the case may be, may U.S.C. 201 et seq.), and related provisions of resentatives or the Secretary of the Senate award attorney’s fees, expert fees, and any sections 5541 through 5550a of title 5, United shall be eligible for appointment to, or serv- other costs as would be appropriate if award- States Code. ice on, the Board. ed under section 706(k) of the Civil Rights (6) The Occupational Safety and Health (B) INCOMPATIBLE OFFICE.—No member of Act of 1964 (42 U.S.C. 2000e–5(k)). Act of 1970 (29 U.S.C. 651 et seq.), and related the Board appointed under subsection (b) (b) INTEREST.—In any proceeding under provisions of section 7902 of title 5, United may hold or may have held the position of section 405, 406, 407, or 408, the same interest States Code. Member of the House of Representatives or to compensate for delay in payment shall be (7) The Rehabilitation Act of 1973 (29 U.S.C. Senator, may hold the position of officer or made available as would be appropriate if 701 et seq.). employee of the House of Representatives, awarded under section 717(d) of the Civil (8) Chapter 71 (relating to Federal service Senate, or instrumentality or other entity of Rights Act of 1964 (42 U.S.C. 2000e–16(d)). labor-management relations) of title 5, Unit- the legislative branch, or may have held (c) CIVIL PENALTIES AND PUNITIVE DAM- ed States Code. such a position (other than the position of an AGES.—No civil penalty or punitive damages (9) The General Accounting Office Person- officer or employee of the General Account- may be awarded with respect to any claim nel Act of 1980 (31 U.S.C. 731 et seq.). ing Office Personnel Appeals Board, an offi- under this Act. (10) The Employee Polygraph Protection cer or employee of the Office of Fair Employ- (d) EXCLUSIVE PROCEDURE.— Act of 1988 (29 U.S.C. 2001 et seq.). ment Practices of the House of Representa- (1) IN GENERAL.—Except as provided in (11) The Worker Adjustment and Retrain- tives, or officer or employee of the Office of paragraph (2), no person may commence an ing Notification Act (29 U.S.C. 2101 et seq.). Senate Fair Employment Practices) within 4 administrative or judicial proceeding to seek (12) Chapter 43 (relating to veterans’ em- years of the date of appointment. a remedy for the rights and protections af- ployment and reemployment) of title 38, (3) VACANCIES.—A vacancy on the Board forded by this Act except as provided in this United States Code. shall be filled in the manner in which the Act. (c) CONTENTS OF STUDY AND RECOMMENDA- original appointment was made. (2) VETERANS.—A covered employee under TIONS.—The study under this section shall (e) TERM OF OFFICE.— section 206 may also utilize any provisions of evaluate whether the rights, protections, and (1) IN GENERAL.—Except as provided in chapter 43 of title 38, United States Code, procedures, including administrative and ju- paragraph (2), membership on the Board that are applicable to that employee. dicial relief, applicable to the entities listed shall be for 5 years. A member of the Board (e) SCOPE OF REMEDY.—Only a covered em- in paragraph (1) of subsection (a) and their who is appointed to a term of office of more ployee who has undertaken and completed employees are comprehensive and effective than 3 years shall only be eligible for ap- the procedures described in sections 402 and and shall include recommendations for any pointment for a single term of office. 403 may be granted a remedy under part A of improvements in regulations or legislation, (2) FIRST APPOINTMENTS.—Of the members this title. including proposed regulatory or legislative first appointed to the Board— (f) CONSTRUCTION.— language. (A) 1 shall have a term of office of 3 years, (1) DEFINITIONS AND EXEMPTIONS.—Except (d) DEADLINE AND DELIVERY OF STUDY.— (B) 2 shall have a term of office of 4 years, where inconsistent with definitions and ex- Not later than December 31, 1996— and emptions provided in this Act, the defini- (1) the Administrative Conference of the (C) 2 shall have a term of office of 5 years, tions and exemptions in the laws made appli- United States shall prepare and complete the 1 of whom shall be the Chair, cable by this Act shall apply under this Act. study and recommendations required under as designated at the time of appointment by (2) SIZE LIMITATIONS.—Notwithstanding this section and shall submit the study and the persons specified in subsection (b). paragraph (1), provisions in the laws made recommendations to the Board; and (f) REMOVAL.— applicable under this Act (other than the (2) the Board shall transmit such study and (1) AUTHORITY.—Any member of the Board Worker Adjustment and Retraining Notifica- recommendations (with the Board’s com- may be removed from office by a majority tion Act) determining coverage based on ments) to the head of each entity considered decision of the appointing authorities de- size, whether expressed in terms of numbers in the study, and to the Congress by delivery scribed in subsection (b), but only for— of employees, amount of business transacted, to the Speaker of the House of Representa- (A) disability that substantially prevents or other measure, shall not apply in deter- tives and President pro tempore of the Sen- the member from carrying out the duties of mining coverage under this Act. ate for referral to the appropriate commit- the member, (3) EXECUTIVE BRANCH ENFORCEMENT.—This tees of the House of Representatives and of (B) incompetence, Act shall not be construed to authorize en- the Senate. (C) neglect of duty, S 774 CONGRESSIONAL RECORD — SENATE January 11, 1995 (D) malfeasance, including a felony or con- SEC. 302. OFFICERS, STAFF, AND OTHER PERSON- rate of pay for the General Counsel may not duct involving moral turpitude, or NEL. exceed the annual rate of basic pay pre- (E) holding an office or employment or en- (a) EXECUTIVE DIRECTOR.— scribed for level V of the Executive Schedule gaging in an activity that disqualifies the in- (1) APPOINTMENT AND REMOVAL.— under section 5316 of title 5, United States dividual from service as a member of the (A) IN GENERAL.—The Chair, subject to the Code. Board under subsection (d)(2). approval of the Board, shall appoint and may (3) DUTIES.—The General Counsel shall— (2) STATEMENT OF REASONS FOR REMOVAL.— remove an Executive Director. Selection and (A) exercise the authorities and perform In removing a member of the Board, the appointment of the Executive Director shall the duties of the General Counsel as specified Speaker of the House of Representatives and be without regard to political affiliation and in this Act; and solely on the basis of fitness to perform the the President pro tempore of the Senate (B) otherwise assist the Board and the Ex- duties of the Office. The first Executive Di- shall state in writing to the member of the ecutive Director in carrying out their duties rector shall be appointed no later than 90 Board being removed the specific reasons for and powers, including representing the Office days after the initial appointment of the the removal. in any judicial proceeding under this Act. Board of Directors. (g) COMPENSATION.— (4) ATTORNEYS IN THE OFFICE OF THE GEN- (B) QUALIFICATIONS.—The Executive Direc- (1) PER DIEM.—Each member of the Board tor shall be an individual with training or ERAL COUNSEL.—The General Counsel shall shall be compensated at a rate equal to the expertise in the application of laws referred appoint, and fix the compensation of, and daily equivalent of the annual rate of basic to in section 102(a). may remove, such additional attorneys as pay prescribed for level V of the Executive (C) DISQUALIFICATIONS.—The disqualifica- may be necessary to enable the General Schedule under section 5316 of title 5, United tions in section 301(d)(2) shall apply to the Counsel to perform the General Counsel’s du- States Code, for each day (including travel appointment of the Executive Director. ties. time) during which such member is engaged (2) COMPENSATION.—The Chair may fix the (5) TERM.—The term of office of the Gen- in the performance of the duties of the compensation of the Executive Director. The eral Counsel shall be a single term of 5 years. Board. The rate of pay of a member may be rate of pay for the Executive Director may (6) REMOVAL.— prorated based on the portion of the day dur- not exceed the annual rate of basic pay pre- (A) AUTHORITY.—The General Counsel may ing which the member is engaged in the per- scribed for level V of the Executive Schedule be removed from office by the Chair but only formance of Board duties. under section 5316 of title 5, United States for— (2) TRAVEL EXPENSES.—Each member of the Code. (i) disability that substantially prevents Board shall receive travel expenses, includ- (3) TERM.—The term of office of the Execu- the General Counsel from carrying out the ing per diem in lieu of subsistence, at rates tive Director shall be a single term of 5 duties of the General Counsel, authorized for employees of agencies under years, except that the first Executive Direc- (ii) incompetence, subchapter I of chapter 57 of title 5, United tor shall have a single term of 7 years. (iii) neglect of duty, States Code, for each day the member is en- (4) DUTIES.—The Executive Director shall (iv) malfeasance, including a felony or con- gaged in the performance of duties away serve as the chief operating officer of the Of- duct involving moral turpitude, or from the home or regular place of business of fice. Except as otherwise specified in this (v) holding an office or employment or en- the member. Act, the Executive Director shall carry out gaging in an activity that disqualifies the in- (h) DUTIES.—The Office shall— all of the responsibilities of the Office under dividual from service as the General Counsel (1) carry out a program of education for this Act. under paragraph (1). Members of Congress and other employing (b) DEPUTY EXECUTIVE DIRECTORS.— (B) STATEMENT OF REASONS FOR REMOVAL.— authorities of the legislative branch of the (1) IN GENERAL.—The Chair, subject to the In removing the General Counsel, the Speak- Federal Government respecting the laws approval of the Board, shall appoint and may er of the House of Representatives and the made applicable to them and a program to remove a Deputy Executive Director for the President pro tempore of the Senate shall inform individuals of their rights under laws Senate and a Deputy Executive Director for state in writing to the General Counsel the applicable to the legislative branch of the the House of Representatives. Selection and specific reasons for the removal. Federal Government; appointment of a Deputy Executive Director (d) OTHER STAFF.—The Executive Director (2) in carrying out the program under para- shall be without regard to political affili- shall appoint, and fix the compensation of, graph (1), distribute the telephone number ation and solely on the basis of fitness to and may remove, such other additional staff, and address of the Office, procedures for ac- perform the duties of the office. The dis- including hearing officers, but not including tion under title IV, and any other informa- qualifications in section 301(d)(2) shall apply attorneys employed in the office of the Gen- to the appointment of a Deputy Executive tion appropriate for distribution, distribute eral Counsel, as may be necessary to enable Director. such information to employing offices in a the Office to perform its duties. (2) TERM.—The term of office of a Deputy manner suitable for posting, provide such in- (e) DETAILED PERSONNEL.—The Executive Executive Director shall be a single term of formation to new employees of employing of- Director may, with the prior consent of the fices, distribute such information to the resi- 5 years, except that the first Deputy Execu- tive Directors shall have a single term of 6 department or agency of the Federal Govern- dences of covered employees, and conduct years. ment concerned, use on a reimbursable or seminars and other activities designed to nonreimbursable basis the services of person- (3) COMPENSATION.—The Chair may fix the educate employing offices and covered em- compensation of the Deputy Executive Di- nel of any such department or agency, in- ployees; and rectors. The rate of pay for a Deputy Execu- cluding the services of members or personnel (3) compile and publish statistics on the tive Director may not exceed 96 percent of of the General Accounting Office Personnel use of the Office by covered employees, in- the annual rate of basic pay prescribed for Appeals Board. cluding the number and type of contacts level V of the Executive Schedule under sec- (f) CONSULTANTS.—In carrying out the made with the Office, on the reason for such tion 5316 of title 5, United States Code. functions of the Office, the Executive Direc- contacts, on the number of covered employ- (4) DUTIES.—The Deputy Executive Direc- tor may procure the temporary (not to ex- ees who initiated proceedings with the Office tor for the Senate shall recommend to the ceed 1 year) or intermittent services of con- under this Act and the result of such pro- Board regulations under section sultants. ceedings, and on the number of covered em- 304(a)(2)(B)(i), maintain the regulations and SEC. 303. PROCEDURAL RULES. ployees who filed a complaint, the basis for all records pertaining to the regulations, and (a) IN GENERAL.—The Executive Director the complaint, and the action taken on the shall assume such other responsibilities as complaint. may be delegated by the Executive Director. shall, subject to the approval of the Board, (i) CONGRESSIONAL OVERSIGHT.—The Board The Deputy Executive Director for the House adopt rules governing the procedures of the and the Office shall be subject to oversight of Representatives shall recommend to the Office, including the procedures of hearing (except with respect to the disposition of in- Board the regulations under section officers, which shall be submitted for publi- dividual cases) by the Committee on Rules 304(a)(2)(B)(ii), maintain the regulations and cation in the Congressional Record. The and Administration and the Committee on all records pertaining to the regulations, and rules may be amended in the same manner. Governmental Affairs of the Senate and the shall assume such other responsibilities as (b) PROCEDURE.—The Executive Director Committee on House Oversight of the House may be delegated by the Executive Director. shall adopt rules referred to in subsection (a) of Representatives. (c) GENERAL COUNSEL.— in accordance with the principles and proce- (j) OPENING OF OFFICE.—The Office shall be (1) IN GENERAL.—The Chair, subject to the dures set forth in section 553 of title 5, Unit- open for business, including receipt of re- approval of the Board, shall appoint a Gen- ed States Code. The Executive Director shall quests for counseling under section 402, not eral Counsel. Selection and appointment of publish a general notice of proposed rule- later than 1 year after the date of the enact- the General Counsel shall be without regard making under section 553(b) of title 5, United ment of this Act. to political affiliation and solely on the basis States Code, but, instead of publication of a (k) FINANCIAL DISCLOSURE REPORTS.—Mem- of fitness to perform the duties of the Office. general notice of proposed rulemaking in the bers of the Board and officers and employees The disqualifications in section 301(d)(2) Federal Register, the Executive Director of the Office shall file the financial disclo- shall apply to the appointment of a General shall transmit such notice to the Speaker of sure reports required under title I of the Eth- Counsel. the House of Representatives and the Presi- ics in Government Act of 1978 with the Clerk (2) COMPENSATION.—The Chair may fix the dent pro tempore of the Senate for publica- of the House of Representatives. compensation of the General Counsel. The tion in the Congressional Record on the first January 11, 1995 CONGRESSIONAL RECORD — SENATE S 775

day on which both Houses are in session fol- (1) IN GENERAL.—Regulations referred to in Board for the issuance, amendment, or re- lowing such transmittal. Before adopting paragraph (2)(B)(i) of subsection (a) may be peal of a regulation. rules, the Executive Director shall provide a approved by the Senate by resolution or by (g) CONSULTATION.—The Executive Direc- comment period of at least 30 days after pub- the Congress by concurrent resolution or by tor, the Deputy Directors, and the Board— lication of a general notice of proposed rule- joint resolution. Regulations referred to in (1) shall consult, with regard to the devel- making. Upon adopting rules, the Executive paragraph (2)(B)(ii) of subsection (a) may be opment of regulations, with— Director shall transmit notice of such action approved by the House of Representatives by (A) the Chair of the Administrative Con- together with a copy of such rules to the resolution or by the Congress by concurrent ference of the United States; Speaker of the House of Representatives and resolution or by joint resolution. Regula- (B) the Secretary of Labor; the President pro tempore of the Senate for tions referred to in paragraph (2)(B)(iii) may (C) the Federal Labor Relations Authority; publication in the Congressional Record on be approved by Congress by concurrent reso- and the first day on which both Houses are in lution or by joint resolution. (D) the Director of the Office of Personnel session following such transmittal. Rules (2) REFERRAL.—Upon receipt of a notice of Management; and shall be considered issued by the Executive adoption of regulations under subsection (2) may consult with any other persons Director as of the date on which they are (b)(3), the presiding officers of the House of with whom consultation, in the opinion of published in the Congressional Record. Representatives and the Senate shall refer the Board, the Executive Director, or Deputy such notice, together with a copy of such Directors, may be helpful. SEC. 304. SUBSTANTIVE REGULATIONS. regulations, to the appropriate committee or SEC. 305. EXPENSES. (a) REGULATIONS.— committees of the House of Representatives (a) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—The procedures applicable and of the Senate. The purpose of the refer- Beginning in fiscal year 1995, and for each to the regulations of the Board issued for the ral shall be to consider whether such regula- fiscal year thereafter, there are authorized implementation of this Act, which shall in- tions should be approved, and, if so, whether to be appropriated for the expenses of the Of- clude regulations the Board is required to such approval should be by resolution of the fice such sums as may be necessary to carry issue under title II (including regulations on House of Representatives or of the Senate, out the functions of the Office. Until sums the appropriate application of exemptions by concurrent resolution or by joint resolu- are first appropriated pursuant to the pre- under the laws made applicable in title II) tion. ceding sentence, but for a period not exceed- are as prescribed in this section. (3) JOINT REFERRAL AND DISCHARGE IN THE ing 12 months following the date of the en- (2) RULEMAKING PROCEDURE.—Such regula- SENATE.—The presiding officer of the Senate actment of this Act— tions of the Board— may refer the notice of issuance of regula- (1) one-half of the expenses of the Office (A) shall be adopted, approved, and issued tions, or any resolution of approval of regu- shall be paid from funds appropriated for al- in accordance with subsection (b); and lations, to one committee or jointly to more lowances and expenses of the House of Rep- (B) shall consist of 3 separate bodies of reg- than one committee. If a committee of the resentatives, and ulations, which shall apply, respectively, Senate acts to report a jointly referred (2) one-half of the expenses of the Office to— measure, any other committee of the Senate shall be paid from funds appropriated for al- (i) the Senate and employees of the Senate; must act within 30 calendar days of continu- lowances and expenses of the Senate, (ii) the House of Representatives and em- ous session, or be automatically discharged. upon vouchers approved by the Executive Di- ployees of the House of Representatives; and (4) ONE-HOUSE RESOLUTION OR CONCURRENT rector, except that a voucher shall not be re- (iii) all other covered employees and em- RESOLUTION.—In the case of a resolution of quired for the disbursement of salaries of ploying offices. the House of Representatives or the Senate employees who are paid at an annual rate. (b) ADOPTION BY THE BOARD.—The Board or a concurrent resolution referred to in The Clerk of the House of Representatives shall adopt the regulations referred to in paragraph (1), the matter after the resolving and the Secretary of the Senate are author- subsection (a)(1) in accordance with the prin- clause shall be the following: ‘‘The following ized to make arrangements for the division ciples and procedures set forth in section 553 regulations issued by the Office of Compli- of expenses under this subsection, including of title 5, United States Code, and as pro- ance on ll are hereby approved:’’ (the arrangements for one House of Congress to vided in the following provisions of this sub- blank space being appropriately filled in, and reimburse the other House of Congress. section: the text of the regulations being set forth). (b) FINANCIAL AND ADMINISTRATIVE SERV- (1) PROPOSAL.—The Board shall publish a (5) JOINT RESOLUTION.—In the case of a ICES.—The Executive Director may place or- general notice of proposed rulemaking under joint resolution referred to in paragraph (1), ders and enter into agreements for goods and section 553(b) of title 5, United States Code, the matter after the resolving clause shall be services with the head of any agency, or but, instead of publication of a general no- the following: ‘‘The following regulations is- major organizational unit within an agency, tice of proposed rulemaking in the Federal sued by the Office of Compliance on ll are in the legislative or executive branch of the Register, the Board shall transmit such no- hereby approved and shall have the force and United States in the same manner and to the tice to the Speaker of the House of Rep- effect of law:’’ (the blank space being appro- same extent as agencies are authorized under resentatives and the President pro tempore priately filled in, and the text of the regula- sections 1535 and 1536 of title 31, United of the Senate for publication in the Congres- tions being set forth). States Code, to place orders and enter into sional Record on the first day on which both (d) ISSUANCE AND EFFECTIVE DATE.— agreements. Houses are in session following such trans- (1) PUBLICATION.—After approval of regula- (c) WITNESS FEES AND ALLOWANCES.—Ex- mittal. Such notice shall set forth the rec- tions under subsection (c), the Board shall cept for covered employees, witnesses before ommendations of the Deputy Director for submit the regulations to the Speaker of the a hearing officer or the Board in any pro- the Senate in regard to regulations under House of Representatives and the President ceeding under this Act other than rule- subsection (a)(2)(B)(i), the recommendations pro tempore of the Senate for publication in making shall be paid the same fee and mile- of the Deputy Director for the House of Rep- the Congressional Record on the first day on age allowances as are paid subpoenaed wit- resentatives in regard to regulations under which both Houses are in session following nesses in the courts of the United States. subsection (a)(2)(B)(ii), and the recommenda- such transmittal. Covered employees who are summoned, or tions of the Executive Director for regula- (2) DATE OF ISSUANCE.—The date of issu- are assigned by their employer, to testify in tions under subsection (a)(2)(B)(iii). ance of regulations shall be the date on their official capacity or to produce official (2) COMMENT.—Before adopting regulations, which they are published in the Congres- records in any proceeding under this Act the Board shall provide a comment period of sional Record under paragraph (1). shall be entitled to travel expenses under at least 30 days after publication of a general (3) EFFECTIVE DATE.—Regulations shall be- subchapter I and section 5751 of chapter 57 of notice of proposed rulemaking. come effective not less than 60 days after the title 5, United States Code. (3) ADOPTION.—After considering com- regulations are issued, except that the Board ments, the Board shall adopt regulations and may provide for an earlier effective date for TITLE IV—ADMINISTRATIVE AND JUDI- shall transmit notice of such action together good cause found (within the meaning of sec- CIAL DISPUTE-RESOLUTION PROCE- with a copy of such regulations to the tion 553(d)(3) of title 5, United States Code) DURES Speaker of the House of Representatives and and published with the regulation. SEC. 401. PROCEDURE FOR CONSIDERATION OF the President pro tempore of the Senate for (e) AMENDMENT OF REGULATIONS.—Regula- ALLEGED VIOLATIONS. publication in the Congressional Record on tions may be amended in the same manner Except as otherwise provided, the proce- the first day on which both Houses are in as is described in this section for the adop- dure for consideration of alleged violations session following such transmittal. tion, approval, and issuance of regulations, of part A of title II consists of— (4) RECOMMENDATION AS TO METHOD OF AP- except that the Board may, in its discretion, (1) counseling as provided in section 402; PROVAL.—The Board shall include a rec- dispense with publication of a general notice (2) mediation as provided in section 403; ommendation in the general notice of proof proposed rulemaking of minor, technical, and posed rulemaking and in the regulations as or urgent amendments that satisfy the cri- (3) election, as provided in section 404, of to whether the regulations should be ap- teria for dispensing with publication of such either— proved by resolution of the Senate, by reso- notice pursuant to section 553(b)(B) of title 5, (A) a formal complaint and hearing as pro- lution of the House of Representatives, by United States Code. vided in section 405, subject to Board review concurrent resolution, or by joint resolution. (f) RIGHT TO PETITION FOR RULEMAKING.— as provided in section 406, and judicial re- (c) APPROVAL OF REGULATIONS.— Any interested party may petition to the view in the United States Court of Appeals S 776 CONGRESSIONAL RECORD — SENATE January 11, 1995

for the Federal Circuit as provided in section tion 403, file a complaint with the Office. The (A) IN GENERAL.—If a person fails to com- 407, or respondent to the complaint shall be the em- ply with a subpoena, the Board may author- (B) a civil action in a district court of the ploying office— ize the General Counsel to apply, in the United States as provided in section 408. (1) involved in the violation, or name of the Office, to an appropriate United In the case of an employee of the Office of (2) in which the violation is alleged to have States district court for an order requiring the Architect of the Capitol or of the Capitol occurred, that person to appear before the hearing offi- Police, the Executive Director, after receiv- and about which mediation was conducted. cer to give testimony or produce records. ing a request for counseling under section (b) DISMISSAL.—A hearing officer may dis- The application may be made within the ju- 402, may recommend that the employee use miss any claim that the hearing officer finds dicial district where the hearing is con- the grievance procedures of the Architect of to be frivolous or that fails to state a claim ducted or where that person is found, resides, the Capitol or the Capitol Police for resolu- upon which relief may be granted. or transacts business. Any failure to obey a tion of the employee’s grievance for a spe- (c) HEARING OFFICER.— lawful order of the district court issued pur- cific period of time, which shall not count (1) APPOINTMENT.—Upon the filing of a suant to this section may be held by such against the time available for counseling or complaint, the Executive Director shall ap- court to be a civil contempt thereof. mediation. point an independent hearing officer to con- (B) SERVICE OF PROCESS.—Process in an ac- SEC. 402. COUNSELING. sider the complaint and render a decision. No tion or contempt proceeding pursuant to (a) IN GENERAL.—To commence a proceed- Member of the House of Representatives, subparagraph (A) may be served in any judi- ing, a covered employee alleging a violation Senator, officer of either the House of Rep- cial district in which the person refusing or of a law made applicable under part A of resentatives or the Senate, head of an em- failing to comply, or threatening to refuse or title II shall request counseling by the Of- ploying office, member of the Board, or cov- not to comply, resides, transacts business, or fice. The Office shall provide the employee ered employee may be appointed to be a may be found, and subpoenas for witnesses with all relevant information with respect to hearing officer. The Executive Director shall who are required to attend such proceedings the rights of the employee. A request for select hearing officers on a rotational or ran- may run into any other district. counseling shall be made not later than 180 dom basis from the lists developed under (g) DECISION.—The hearing officer shall days after the date of the alleged violation. paragraph (2). Nothing in this section shall issue a written decision as expeditiously as (b) PERIOD OF COUNSELING.—The period for prevent the appointment of hearing officers possible, but in no case more than 90 days counseling shall be 30 days unless the em- as full-time employees of the Office or the after the conclusion of the hearing. The writ- ployee and the Office agree to reduce the pe- selection of hearing officers on the basis of ten decision shall be transmitted by the Of- specialized expertise needed for particular riod. The period shall begin on the date the fice to the parties. The decision shall state matters. request for counseling is received. the issues raised in the complaint, describe (2) LISTS.—The Executive Director shall (c) NOTIFICATION OF END OF COUNSELING PE- the evidence in the record, contain findings develop master lists, composed of— RIOD.—The Office shall notify the employee of fact and conclusions of law, contain a de- (A) members of the bar of a State or the in writing when the counseling period has termination of whether a violation has oc- District of Columbia and retired judges of ended. curred, and order such remedies as are appro- SEC. 403. MEDIATION. the United States courts who are experienced in adjudicating or arbitrating the priate pursuant to title II. The decision shall (a) INITIATION.—Not later than 15 days kinds of personnel and other matters for be entered in the records of the Office. If a after receipt by the employee of notice of the which hearings may be held under this Act, decision is not appealed under section 406 to end of the counseling period under section and the Board, the decision shall be considered 402, but prior to and as a condition of mak- (B) individuals expert in technical matters the final decision of the Office. ing an election under section 404, the covered relating to accessibility and usability by (h) PRECEDENTS.—A hearing officer who employee who alleged a violation of a law persons with disabilities or technical mat- conducts a hearing under this section shall shall file a request for mediation with the ters relating to occupational safety and be guided by judicial decisions under the Office. health. laws made applicable by section 102 and by (b) PROCESS.—Mediation under this sec- Board decisions under this Act. tion— In developing lists, the Executive Director (1) may include the Office, the covered em- shall consider candidates recommended by SEC. 406. APPEAL TO THE BOARD. ployee, the employing office, and one or the Federal Mediation and Conciliation (a) IN GENERAL.—Any party aggrieved by more individuals appointed by the Executive Service or the Administrative Conference of the decision of a hearing officer under sec- Director after considering recommendations the United States. tion 405(g) may file a petition for review by by organizations composed primarily of indi- (d) HEARING.—Unless a complaint is dis- the Board not later than 30 days after entry viduals experienced in adjudicating or arbi- missed before a hearing, a hearing shall be— of the decision in the records of the Office. (1) conducted in closed session on the trating personnel matters, and (b) PARTIES’ OPPORTUNITY TO SUBMIT AR- record by the hearing officer; (2) shall involve meetings with the parties GUMENT.—The parties to the hearing upon (2) commenced no later than 60 days after separately or jointly for the purpose of re- which the decision of the hearing officer was filing of the complaint under subsection (a), solving the dispute between the covered em- made shall have a reasonable opportunity to except that the Office may, for good cause, ployee and the employing office. be heard, through written submission and, in extend up to an additional 30 days the time (c) MEDIATION PERIOD.—The mediation pe- the discretion of the Board, through oral ar- for commencing a hearing; and riod shall be 30 days beginning on the date gument. (3) conducted, except as specifically pro- the request for mediation is received. The (c) STANDARD OF REVIEW.—The Board shall vided in this Act and to the greatest extent mediation period may be extended for addi- set aside a decision of a hearing officer if the practicable, in accordance with the prin- tional periods at the joint request of the cov- Board determines that the decision was— ciples and procedures set forth in sections (1) arbitrary, capricious, an abuse of dis- ered employee and the employing office. The 554 through 557 of title 5, United States Code. Office shall notify in writing the covered em- cretion, or otherwise not consistent with (e) DISCOVERY.—Reasonable prehearing dis- ployee and the employing office when the law; covery may be permitted at the discretion of (2) not made consistent with required pro- mediation period has ended. the hearing officer. (d) INDEPENDENCE OF MEDIATION PROCESS.— cedures; or (f) SUBPOENAS.— (3) unsupported by substantial evidence. No individual, who is appointed by the Exec- (1) IN GENERAL.—At the request of a party, (d) RECORD.—In making determinations utive Director to mediate, may conduct or a hearing officer may issue subpoenas for the under subsection (c), the Board shall review aid in a hearing conducted under section 405 attendance of witnesses and for the produc- the whole record, or those parts of it cited by with respect to the same matter or shall be tion of correspondence, books, papers, docu- a party, and due account shall be taken of subject to subpoena or any other compulsory ments, and other records. The attendance of the rule of prejudicial error. process with respect to the same matter. witnesses and the production of records may (e) DECISION.—The Board shall issue a writ- SEC. 404. ELECTION OF PROCEEDING. be required from any place within the United ten decision setting forth the reasons for its Not later than 90 days after a covered em- States. Subpoenas shall be served in the decision. The decision may affirm, reverse, ployee receives notice of the end of the pe- manner provided under rule 45(b) of the Fed- or remand to the hearing officer for further riod of mediation, but no sooner than 30 days eral Rules of Civil Procedure. proceedings. A decision that does not require after receipt of such notification, such cov- (2) OBJECTIONS.—If a person refuses, on the further proceedings before a hearing officer ered employee may either— basis of relevance, privilege, or other objec- shall be entered in the records of the Office (1) file a complaint with the Office in action, to testify in response to a question or as a final decision. cordance with section 405, or to produce records in connection with a pro- (2) file a civil action in accordance with ceeding before a hearing officer, the hearing SEC. 407. JUDICIAL REVIEW OF BOARD DECI- section 408 in the United States district officer shall rule on the objection. At the re- SIONS AND ENFORCEMENT. court for the district in which the employee quest of the witness or any party, the hear- (a) JURISDICTION.— is employed or for the District of Columbia. ing officer shall (or on the hearing officer’s (1) JUDICIAL REVIEW.—The United States SEC. 405. COMPLAINT AND HEARING. own initiative, the hearing officer may) refer Court of Appeals for the Federal Circuit (a) IN GENERAL.—A covered employee may, the ruling to the Board for review. shall have jurisdiction over any proceeding upon the completion of mediation under sec- (3) ENFORCEMENT.— commenced by a petition of— January 11, 1995 CONGRESSIONAL RECORD — SENATE S 777

(A) a party aggrieved by a final decision of (e) RECORD.—In making determinations shall not constitute a waiver of sovereign the Board under section 406(e) in cases aris- under subsection (d), the court shall review immunity for any other purpose, or of the ing under part A of title II, the whole record, or those parts of it cited by privileges of any Senator or Member of the (B) a charging individual or a respondent a party, and due account shall be taken of House of Representatives under article I, sec- before the Board who files a petition under the rule of prejudicial error. tion 6, clause 1, of the Constitution, or a section 210(d)(4), SEC. 408. CIVIL ACTION. waiver of any power of either the Senate or (C) the General Counsel or a respondent be- (a) JURISDICTION.—The district courts of the House of Representatives under the Con- fore the Board who files a petition under sec- the United States shall have jurisdiction stitution, including under article I, section 5, tion 215(c)(5), or over any civil action commenced under sec- clause 3, or under the rules of either House (D) the General Counsel or a respondent tion 404 and this section by a covered em- relating to records and information within before the Board who files a petition under ployee who has completed counseling under its jurisdiction. section 220(c)(3). section 402 and mediation under section 403. SEC. 414. SETTLEMENT OF COMPLAINTS. The court of appeals shall have exclusive ju- A civil action may be commenced by a cov- Any settlement entered into by the parties risdiction to set aside, suspend (in whole or ered employee only to seek redress for a vio- to a process described in section 210, 215, 220, in part), to determine the validity of, or oth- lation for which the employee has completed counseling and mediation. or 401 shall be in writing and not become ef- erwise review the decision of the Board. (b) PARTIES.—The defendant shall be the fective unless it is approved by the Executive (2) ENFORCEMENT.—The United States employing office alleged to have committed Director. Nothing in this Act shall affect the Court of Appeals for the Federal Circuit the violation, or in which the violation is al- shall have jurisdiction over any petition of power of the Senate and the House of Rep- leged to have occurred. the General Counsel, filed in the name of the resentatives, respectively, to establish rules (c) JURY TRIAL.—Any party may demand a governing the process by which a settlement Office and at the direction of the Board, to jury trial where a jury trial would be avail- enforce a final decision under section 405(g) may be entered into by such House or by any able in an action against a private defendant employing office of such House. or 406(e) with respect to a violation of part under the relevant law made applicable by A, B, C, or D of title II. this Act. In any case in which a violation of SEC. 415. PAYMENTS. (b) PROCEDURES.— section 201 is alleged, the court shall not in- (a) AWARDS AND SETTLEMENTS.—Except as (1) RESPONDENTS.—(A) In any proceeding form the jury of the maximum amount of provided in subsection (c), only funds which commenced by a petition filed under sub- compensatory damages available under sec- are appropriated to an account of the Office section (a)(1) (A) or (B), or filed by a party tion 201(b)(1) or 201(b)(3). in the Treasury of the United States for the other than the General Counsel under sub- SEC. 409. JUDICIAL REVIEW OF REGULATIONS. payment of awards and settlements may be section (a)(1) (C) or (D), the Office shall be In any proceeding brought under section used for the payment of awards and settle- named respondent and any party before the 407 or 408 in which the application of a regu- ments under this Act. There are authorized Board may be named respondent by filing a lation issued under this Act is at issue, the to be appropriated for such account such notice of election with the court within 30 court may review the validity of the regula- sums as may be necessary to pay such days after service of the petition. tion in accordance with the provisions of awards and settlements. Funds in the ac- (B) In any proceeding commenced by a pe- subparagraphs (A) through (D) of section count are not available for awards and set- tition filed by the General Counsel under 706(2) of title 5, United States Code, except tlements involving the General Accounting subsection (a)(1) (C) or (D), the prevailing that with respect to regulations approved by Office, the Government Printing Office, or party in the final decision entered under sec- a joint resolution under section 304(c), only the Library of Congress. tion 406(e) shall be named respondent, and the provisions of section 706(2)(B) of title 5, (b) COMPLIANCE.—Except as provided in any other party before the Board may be United States Code, shall apply. If the court subsection (c), there are authorized to be ap- named respondent by filing a notice of elec- determines that the regulation is invalid, propriated such sums as may be necessary tion with the court within 30 days after serv- the court shall apply, to the extent nec- for administrative, personnel, and similar ice of the petition. essary and appropriate, the most relevant expenses of employing offices which are (C) In any proceeding commenced by a pe- substantive executive agency regulation pro- needed to comply with this Act. tition filed under subsection (a)(2), the party mulgated to implement the statutory provi- under section 405 or 406 that the General sions with respect to which the invalid regu- (c) OSHA, ACCOMMODATION, AND ACCESS RE- Counsel determines has failed to comply lation was issued. Except as provided in this QUIREMENTS.—Funds to correct violations of with a final decision under section 405(g) or section, the validity of regulations issued section 201(a)(3), 210, or 215 of this Act may 406(e) shall be named respondent. under this Act is not subject to judicial re- be paid only from funds appropriated to the (2) INTERVENTION.—Any party that partici- view. employing office or entity responsible for pated in the proceedings before the Board SEC. 410. OTHER JUDICIAL REVIEW PROHIBITED. correcting such violations. There are author- under section 406 and that was not made re- Except as expressly authorized by sections ized to be appropriated such sums as may be spondent under paragraph (1) may intervene 407, 408, and 409, the compliance or non- necessary for such funds. as of right. compliance with the provisions of this Act SEC. 416. CONFIDENTIALITY. (c) LAW APPLICABLE.—Chapter 158 of title and any action taken pursuant to this Act (a) COUNSELING.—All counseling shall be 28, United States Code, shall apply to judi- shall not be subject to judicial review. strictly confidential, except that the Office cial review under paragraph (1) of subsection SEC. 411. EFFECT OF FAILURE TO ISSUE REGULA- and a covered employee may agree to notify (a), except that— TIONS. the employing office of the allegations. (1) with respect to section 2344 of title 28, In any proceeding under section 405, 406, (b) MEDIATION.—All mediation shall be United States Code, service of a petition in 407, or 408, except a proceeding to enforce strictly confidential. any proceeding in which the Office is a re- section 220 with respect to offices listed spondent shall be on the General Counsel under section 220(e)(2), if the Board has not (c) HEARINGS AND DELIBERATIONS.—Except rather than on the Attorney General; issued a regulation on a matter for which as provided in subsections (d), (e), and (f), all (2) the provisions of section 2348 of title 28, this Act requires a regulation to be issued, proceedings and deliberations of hearing offi- United States Code, on the authority of the the hearing officer, Board, or court, as the cers and the Board, including any related Attorney General, shall not apply; case may be, shall apply, to the extent nec- records, shall be confidential. This sub- (3) the petition for review shall be filed not essary and appropriate, the most relevant section shall not apply to proceedings under later than 90 days after the entry in the Of- substantive executive agency regulation pro- section 215, but shall apply to the delibera- fice of a final decision under section 406(e); mulgated to implement the statutory provi- tions of hearing officers and the Board under and sion at issue in the proceeding. that section. (4) the Office shall be an ‘‘agency’’ as that SEC. 412. EXPEDITED REVIEW OF CERTAIN AP- (d) RELEASE OF RECORDS FOR JUDICIAL AC- term is used in chapter 158 of title 28, United PEALS. TION.—The records of hearing officers and States Code. (a) IN GENERAL.—An appeal may be taken the Board may be made public if required for (d) STANDARD OF REVIEW.—To the extent directly to the Supreme Court of the United the purpose of judicial review under section necessary for decision in a proceeding com- States from any interlocutory or final judg- 407. menced under subsection (a)(1) and when pre- ment, decree, or order of a court upon the (e) ACCESS BY COMMITTEES OF CONGRESS.— sented, the court shall decide all relevant constitutionality of any provision of this At the discretion of the Executive Director, questions of law and interpret constitutional Act. the Executive Director may provide to the and statutory provisions. The court shall set (b) JURISDICTION.—The Supreme Court Committee on Standards of Official Conduct aside a final decision of the Board if it is de- shall, if it has not previously ruled on the of the House of Representatives and the Se- termined that the decision was— question, accept jurisdiction over the appeal lect Committee on Ethics of the Senate ac- (1) arbitrary, capricious, an abuse of dis- referred to in subsection (a), advance the ap- cess to the records of the hearings and deci- cretion, or otherwise not consistent with peal on the docket, and expedite the appeal sions of the hearing officers and the Board, law; to the greatest extent possible. including all written and oral testimony in (2) not made consistent with required pro- SEC. 413. PRIVILEGES AND IMMUNITIES. the possession of the Office. The Executive cedures; or The authorization to bring judicial pro- Director shall not provide such access until (3) unsupported by substantial evidence. ceedings under sections 405(f)(3), 407, and 408 the Executive Director has consulted with S 778 CONGRESSIONAL RECORD — SENATE January 11, 1995 the individual filing the complaint at issue, certain government employees, with respect (1) the Fair Labor Standards Act of 1938 (29 and until a final decision has been entered to their public employment, to be free of dis- U.S.C. 201 et seq.); under section 405(g) or 406(e). crimination on the basis of race, color, reli- (2) title VII of the Civil Rights Act of 1964 (f) FINAL DECISIONS.—A final decision en- gion, sex, national origin, age, or disability. (42 U.S.C. 2000e et seq.); tered under section 405(g) or 406(e) shall be ‘‘(c) DEFINITION.—For purposes of this title, (3) the Americans with Disabilities Act of made public if it is in favor of the complain- the term ‘violation’ means a practice that 1990 (42 U.S.C. 12101 et seq.); ing covered employee, or in favor of the violates section 302(a) of this title. (4) the Age Discrimination in Employment charging party under section 210, or if the ‘‘SEC. 302. DISCRIMINATORY PRACTICES PROHIB- Act of 1967 (29 U.S.C. 621 et seq.); decision reverses a decision of a hearing offi- ITED. (5) the Family and Medical Leave Act of cer which had been in favor of the covered ‘‘(a) PRACTICES.—All personnel actions af- 1993 (29 U.S.C. 2611 et seq.); employee or charging party. The Board may fecting the Presidential appointees described (6) the Occupational Safety and Health Act make public any other decision at its discre- in section 303 or the State employees de- of 1970 (29 U.S.C. 651 et seq.); tion. scribed in section 304 shall be made free from (7) chapter 71 (relating to Federal service any discrimination based on— TITLE V—MISCELLANEOUS PROVISIONS labor-management relations) of title 5, Unit- ‘‘(1) race, color, religion, sex, or national SEC. 501. EXERCISE OF RULEMAKING POWERS. ed States Code; origin, within the meaning of section 717 of The provisions of sections 102(b)(3) and (8) the Employee Polygraph Protection Act 304(c) are enacted— the Civil Rights Act of 1964 (42 U.S.C. 2000e– 16); of 1988 (29 U.S.C. 2001 et seq.); (1) as an exercise of the rulemaking power (9) the Worker Adjustment and Retraining of the House of Representatives and the Sen- ‘‘(2) age, within the meaning of section 15 of the Age Discrimination in Employment Notification Act (29 U.S.C. 2101 et seq.); ate, respectively, and as such they shall be (10) the Rehabilitation Act of 1973 (29 considered as part of the rules of such House, Act of 1967 (29 U.S.C. 633a); or ‘‘(3) disability, within the meaning of sec- U.S.C. 701 et seq.); and respectively, and such rules shall supersede (11) chapter 43 (relating to veterans’ em- other rules only to the extent that they are tion 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and sections 102 through 104 of the ployment and reemployment) of title 38, inconsistent therewith; and United States Code. (2) with full recognition of the constitu- Americans with Disabilities Act of 1990 (42 The report shall be submitted to Congress tional right of either House to change such U.S.C. 12112–14). not later than December 31, 1996, and shall rules (so far as relating to such House) at ‘‘(b) REMEDIES.—The remedies referred to include any recommendations the Judicial any time, in the same manner, and to the in sections 303(a)(1) and 304(a)— same extent as in the case of any other rule ‘‘(1) may include, in the case of a deter- Conference may have for legislation to proof each House. mination that a violation of subsection (a)(1) vide to employees of the judicial branch the or (a)(3) has occurred, such remedies as rights, protections, and procedures under the SEC. 502. POLITICAL AFFILIATION AND PLACE OF RESIDENCE. would be appropriate if awarded under sec- listed laws, including administrative and ju- tions 706(g), 706(k), and 717(d) of the Civil (a) IN GENERAL.—It shall not be a violation dicial relief, that are comparable to those Rights Act of 1964 (42 U.S.C. 2000e–5(g), 2000e– of any provision of section 201 to consider available to employees of the legislative 5(k), 2000e–16(d)), and such compensatory the— branch under titles I through IV of this Act. damages as would be appropriate if awarded (1) party affiliation; under section 1977 or sections 1977A(a) and SEC. 506. SAVINGS PROVISIONS. (2) domicile; or 1977A(b)(2) of the Revised Statutes (42 U.S.C. (a) TRANSITION PROVISIONS FOR EMPLOYEES (3) political compatibility with the em- 1981 and 1981a(a) and (b)(2)); OF THE HOUSE OF REPRESENTATIVES AND OF ploying office; ‘‘(2) may include, in the case of a deter- THE SENATE.— of an employee referred to in subsection (b) mination that a violation of subsection (a)(2) with respect to employment decisions. (1) CLAIMS ARISING BEFORE EFFECTIVE has occurred, such remedies as would be ap- DATE.—If, as of the date on which section 201 (b) DEFINITION.—For purposes of subsection propriate if awarded under section 15(c) of (a), the term ‘‘employee’’ means— takes effect, an employee of the Senate or the Age Discrimination in Employment Act (1) an employee on the staff of the leader- the House of Representatives has or could of 1967 (29 U.S.C. 633a(c)); and ship of the House of Representatives or the have requested counseling under section 305 ‘‘(3) may not include punitive damages.’’. leadership of the Senate; of the Government Employees Rights Act of (2) Sections 303 through 319, and sections (2) an employee on the staff of a committee 1991 (2 U.S.C. 1205) or Rule LI of the House of 322, 324, and 325 of the Government Employee or subcommittee of— Representatives, including counseling for al- Rights Act of 1991 (2 U.S.C. 1203–1218, 1221, (A) the House of Representatives; leged violations of family and medical leave 1223, and 1224) are repealed, except as pro- (B) the Senate; or rights under title V of the Family and Medi- (C) a joint committee of the Congress; vided in section 506 of this Act. cal Leave Act of 1993, the employee may (3) an employee on the staff of a Member of (3) Sections 320 and 321 of the Government complete, or initiate and complete, all proce- Employee Rights Act of 1991 (2 U.S.C. 1219 the House of Representatives or on the staff dures under the Government Employees and 1220) are redesignated as sections 303 and of a Senator; Rights Act of 1991 and Rule LI, and the pro- 304, respectively. (4) an officer of the House of Representa- visions of that Act and Rule shall remain in (4) Sections 303 and 304 of the Government tives or the Senate or a congressional em- effect with respect to, and provide the exclu- Employee Rights Act of 1991, as so redesig- ployee who is elected by the House of Rep- sive procedures for, those claims until the resentatives or Senate or is appointed by a nated, are each amended by striking ‘‘and 307(h) of this title’’. completion of all such procedures. Member of the House of Representatives or (2) CLAIMS ARISING BETWEEN EFFECTIVE by a Senator (in addition an employee de- (5) Section 1205 of the Supplemental Appro- priations Act of 1993 (2 U.S.C. 1207a) is re- DATE AND OPENING OF OFFICE.—If a claim by scribed in paragraph (1), (2), or (3)); or an employee of the Senate or House of Rep- (5) an applicant for a position that is to be pealed, except as provided in section 506 of this Act. resentatives arises under section 201 or 202 occupied by an individual described in any of after the effective date of such sections, but paragraphs (1) through (4). (b) FAMILY AND MEDICAL LEAVE ACT OF 1993.—Title V of the Family and Medical before the opening of the Office for receipt of SEC. 503. NONDISCRIMINATION RULES OF THE requests for counseling or mediation under HOUSE AND SENATE. Leave Act of 1993 (2 U.S.C. 60m et seq.) is re- sections 402 and 403, the provisions of the The Select Committee on Ethics of the pealed, except as provided in section 506 of Government Employees Rights Act of 1991 (2 Senate and the Committee on Standards of this Act. Official Conduct of the House of Representa- (c) ARCHITECT OF THE CAPITOL.— U.S.C. 1201 et seq.) and Rule LI of the House tives retain full power, in accordance with (1) REPEAL.—Section 312(e) of the Architect of Representatives relating to counseling the authority provided to them by the Sen- of the Capitol Human Resources Act (Public and mediation shall remain in effect, and the ate and the House, with respect to the dis- Law 103–283; 108 Stat. 1444) is repealed, ex- employee may complete under that Act or cipline of Members, officers, and employees cept as provided in section 506 of this Act. Rule the requirements for counseling and for violating rules of the Senate and the (2) APPLICATION OF GENERAL ACCOUNTING mediation under sections 402 and 403. If, after House on nondiscrimination in employment. OFFICE PERSONNEL ACT OF 1980.—The provi- counseling and mediation is completed, the SEC. 504. TECHNICAL AND CONFORMING AMEND- sions of sections 751, 753, and 755 of title 31, Office has not yet opened for the filing of a MENTS. United States Code, amended by section timely complaint under section 405, the em- (a) CIVIL RIGHTS REMEDIES.— 312(e) of the Architect of the Capitol Human ployee may elect— (1) Sections 301 and 302 of the Government Resources Act, shall be applied and adminis- (A) to file a complaint under section 307 of Employee Rights Act of 1991 (2 U.S.C. 1201 tered as if such section 312(e) (and the the Government Employees Rights Act of and 1202) are amended to read as follows: amendments made by such section) had not 1991 (2 U.S.C. 1207) or Rule LI of the House of ‘‘SEC. 301. GOVERNMENT EMPLOYEE RIGHTS ACT been enacted. Representatives, and thereafter proceed ex- OF 1991. SEC. 505. JUDICIAL BRANCH COVERAGE STUDY. clusively under that Act or Rule, the provi- ‘‘(a) SHORT TITLE.—This title may be cited The Judicial Conference of the United sions of which shall remain in effect until as the ‘Government Employee Rights Act of States shall prepare a report for submission the completion of all proceedings in relation 1991’. by the Chief Justice of the United States to to the complaint, or ‘‘(b) PURPOSE.—The purpose of this title is the Congress on the application to the judi- (B) to commence a civil action under sec- to provide procedures to protect the rights of cial branch of the Federal Government of— tion 408. January 11, 1995 CONGRESSIONAL RECORD — SENATE S 779 (3) SECTION 1205 OF THE SUPPLEMENTAL AP- SEC. 508. SENSE OF SENATE REGARDING ADOP- tributing during the interim of the two PROPRIATIONS ACT OF 1993.—With respect to TION OF SIMPLIFIED AND STREAM- Congresses to get this bill put to- payments of awards and settlements relating LINED ACQUISITION PROCEDURES FOR SENATE ACQUISITIONS. gether. I also need to mention this to Senate employees under paragraph (1) of It is the sense of the Senate that the Com- about Senator GLENN: He was active in this subsection, section 1205 of the Supple- mittee on Rules and Administration of the mental Appropriations Act of 1993 (2 U.S.C. this issue long before most of us even Senate should review the rules applicable to came to the Congress. 1207a) remains in effect. purchases by Senate offices to determine I also thank Senator STEVENS, be- (b) TRANSITION PROVISIONS FOR EMPLOYEES whether they are consistent with the acqui- OF THE ARCHITECT OF THE CAPITOL.—– sition simplification and streamlining laws cause in the last several Congresses (1) CLAIMS ARISING BEFORE EFFECTIVE enacted in the Federal Acquisition Stream- when I tried to get this legislation DATE.—If, as of the date on which section 201 lining Act of 1994 (Public Law 103–355). passed, he has wanted us to think takes effect, an employee of the Architect of SEC. 509. SEVERABILITY. through very clearly what direction we the Capitol has or could have filed a charge If any provision of this Act or the applica- should go in. He has legitimately or complaint regarding an alleged violation tion of such provision to any person or cir- raised some questions and concerns of section 312(e)(2) of the Architect of the cumstance is held to be invalid, the remain- about this over several Congresses. And Capitol Human Resources Act (Public Law der of this Act and the application of the during this Congress, he was satisfied 103–283), the employee may complete, or ini- provisions of the remainder to any person or tiate and complete, all procedures under sec- circumstance shall not be affected thereby. with the product we put together, and tion 312(e) of that Act, the provisions of Mr. GLENN. Mr. President, I move to he was also part of the group that which shall remain in effect with respect to, reconsider the vote. worked out compromises between Re- and provide the exclusive procedures for, Mr. GRASSLEY. I move to lay that publicans and Democrats, as well as be- that claim until the completion of all such motion on the table. tween the House and Senate. I thank procedures. The motion to lay on the table was Senator STEVENS for his cooperation. (2) CLAIMS ARISING BETWEEN EFFECTIVE I thank Senator ROTH, who was DATE AND OPENING OF OFFICE.—If a claim by agreed to. chairman of the committee this time an employee of the Architect of the Capitol Mr. GRASSLEY. Mr. President, I will arises under section 201 or 202 after the effec- do some final work on this bill in the that would have had jurisdiction over tive date of those provisions, but before the sense of some tributes, as well as add- this bill, because he did not demand re- opening of the Office for receipt of requests ing a couple of cosponsors. ferral. for counseling or mediation under sections First of all, I ask unanimous consent I thank Senators NICKLES, COATS, 402 and 403, the employee may satisfy the re- that Senator FRIST and Senator DO- HUTCHISON, ABRAHAM, and SMITH, be- quirements for counseling and mediation by MENICI be added as cosponsors. cause they were also members of the exhausting the requirements prescribed by The PRESIDING OFFICER. Without Republican task force. the Architect of the Capitol in accordance objection, it is so ordered. Then regarding the staff people, I with section 312(e)(3) of the Architect of the Mr. GRASSLEY. Mr. President, the want to say thank you to Senator Capitol Human Resources Act (Public Law 103–283). If, after exhaustion of those require- Administrative Conference is being di- LIEBERMAN’s staff, John Nakahata and ments the Office has not yet opened for the rected to study the application of the Fred Richardson; Senator STEVENS’ filing of a timely complaint under section various laws to the General Accounting staff, Mark Mackie; Senator ROTH’s 405, the employee may elect— Office, the Government Printing Office, staff, Susanne Marshall; Dennis Shea (A) to file a charge with the General Ac- and the Library of Congress as well as of Senator DOLE’s staff; Larry Novak of counting Office Personnel Appeals Board the regulations and procedures used by Senator GLENN’s staff; Michael David- pursuant to section 312(e)(3) of the Architect these agencies to endorse these laws. son, Senate legal counsel, and also of of the Capitol Human Resources Act (Public The study is to evaluate whether the the legal counsel staff, Claire Sylvia. Law 103–283), and thereafter proceed exclu- rights, protections, and procedures ap- Then Gary Kline of my staff was in- sively under section 312(e) of that Act, the plicable to these agencies and their provisions of which shall remain in effect volved in this. I want to pay special employees under these laws are com- tribute to Fred Ansell of my staff, not until the completion of all proceedings in re- prehensive and effective. The con- lation to the charge, or only for the time and work that went (B) to commence a civil action under sec- ference is to make recommendations into several weeks of December that he tion 408. for any improvements in regulations or worked on this bill with other staff (c) TRANSITION PROVISION RELATING TO legislation, including regulatory or people, but also for his assuming a tre- MATTERS OTHER THAN EMPLOYMENT UNDER legislative language. I urge the con- mendous amount of responsibility in SECTION 509 OF THE AMERICANS WITH DISABIL- ference to be particularly mindful of making sure that we had a product ITIES ACT OF 1990.—With respect to matters conflict of interest or other concerns that was acceptable to the Senate. I other than employment under section 509 of that may arise from the coverage of Li- think the best measure of a product the Americans with Disabilities Act of 1990 brary of Congress employees under the that is acceptable to the Senate is that (42 U.S.C. 12209), the rights, protections, rem- existing Federal sector labor-manage- there was no amendment applicable to edies, and procedures of section 509 of such ment statutory framework. The bill re- the underlying bill, except the tech- Act shall remain in effect until section 210 of flects similar concerns with respect to this Act takes effect with respect to each of nical amendments that were in the various categories of congressional em- the entities covered by section 509 of such managers bill. So I thank Mr. Ansell Act. ployees which may well be equally applicable to Library of Congress employ- for his fine, outstanding work in rep- SEC. 507. USE OF FREQUENT FLYER MILES. ees. resenting me and the group of staffers. (a) LIMITATION ON THE USE OF TRAVEL Mr. President, I want to thank Sen- I yield the floor. AWARDS.—Notwithstanding any other provi- ator GLENN. He has been here on the Mr. GLENN. Mr. President, I want to sion of law, or any rule, regulation, or other floor of this body for 5 days represent- associate myself with the remarks of authority, any travel award that accrues by ing the minority party. the distinguished Senator from Iowa in reason of official travel of a Member, officer, I also want to thank the new Senator giving credit to those who worked long or employee of the Senate shall be consid- into the night and do so much work in ered the property of the office for which the from Tennessee, Senator THOMPSON, travel was performed and may not be con- because on our side of the aisle he putting something like this together. verted to personal use. worked very closely with me as co- It is not easy. They have to do a lot of (b) REGULATIONS.—The Committee on chairman of the working group on this work on the amendments that were Rules and Administration of the Senate shall bill, which Senator DOLE appointed for proposed over here, and they did a lot have authority to prescribe regulations to the Republicans so that this bill could of work over the last couple of years in carry out this section. be worked on in December and be ready putting this whole package together. (c) DEFINITIONS.—As used in this section— for action on the first day of the ses- It finally came together in a way, (1) the term ‘‘travel award’’ means any fre- sion. with the provisions in here, that took quent flyer, free, or discounted travel, or care of some of the previous concerns other travel benefit, whether awarded by Also, I thank Senator LIEBERMAN of coupon, membership, or otherwise; and Connecticut, who has worked very hard about separation of powers between the (2) the term ‘‘official travel’’ means travel on this bill over the last 2 years and branches of Government that literally engaged in the course of official business of was my main cosponsor on this bill; has held up consideration of this legis- the Senate. also, I thank him and his staff for con- lation since 1978, when I introduced S 780 CONGRESSIONAL RECORD — SENATE January 11, 1995 legislation like this; way back in 1978, So I just wanted take a moment to But I want to make it clear for the it has been held up all this time. commend Senator GRASSLEY; and Sen- record, I am not referring to the Sen- Last year, as majority leader, Sen- ator GLENN, who has done yeoman’s ator from Iowa or anyone in particular. ator Mitchell indicated to me that he work on this legislation over a long pe- But I just hope that on some of the leg- wanted us to move this, if we possibly riod of time and did a lot of good work islative initiatives I have heard about, could, out of committee and the best last year. He certainly worked very other than the one I have seen tonight, bill we had was the Grassley- closely with Senator GRASSLEY. Both that we follow Disraeli’s advice: Some- Lieberman bill. We worked with them of them did a great job and I think times it is better not to speak than to on that and we put it in the form that they should be commended for it. speak. was passed here this evening. I am So let us just go forward and do this But I am going to break that admoni- proud to have worked with them on again on the next bill and see if we can- tion myself right now and I am going that and to be part of the team that not complete it in a little less time. to ask unanimous consent that I be got it together. With that, Mr. President, I yield the able to proceed for 10 minutes as if But I want to particularly give them floor. morning business. credit for it, as well as the other people Mr. GRASSLEY addressed the Chair. The PRESIDING OFFICER. Without who worked so hard on the staff The PRESIDING OFFICER. The Sen- objection, it is so ordered. through this. ator from Iowa. f On our staff of the Governmental Af- Mr. GRASSLEY. Mr. President, I fairs Committee, Larry Novey, who is thank the Senator from Mississippi for PARTIAL LIFTING OF SANCTIONS with me right here, has done yeoman’s his kind remarks. AGAINST SERBIA AND work on this. Len Weiss, who is our mi- Reflecting upon the 98-to-1 vote, I MONTENEGRO nority staff director, worked on this, can just simply say the feeling of this Mr. BIDEN. Mr. President, I rise this but Larry, in particular, really has body has dramatically changed toward evening to urge the United States to dedicated himself to this and did a ter- this legislation, because I remember vote at the United Nations against re- rific job on this. So I want to give him the first time I introduced an amend- newing the partial lifting of sanctions credit for working out a lot of the de- ment on this and got it through on a against Serbia and Montenegro in re- tails on this and making it into what I voice vote. There were just a few Mem- turn for their alleged blockade against think is a very important piece of leg- bers here at that particular time. One the Bosnian Serbs. islation that says now for the first Member was so mad at me after I got it The 100-day probation period for time we treat our people here on Cap- passed that the individual said to me, blockade enforcement expires tomor- itol Hill with the same fairness, the ‘‘GRASSLEY, I hope you are the first one row, January 12, 1995. A positive action same rights, that we have thought in sued.’’ in the U.N. Security Council is nec- the past were important enough to Well, we have to keep diligent to get essary to renew the waiver. The lan- apply to all the rest of the country. things done. And I think that one of guage of the U.N. resolution granting And now we have some 36,000 employ- the things that I have learned to do is the waiver stipulates the need for ef- ees here—I just received a rundown on to stick to your guns. fectively implementing the closure of that a moment ago—36,000 employees Basically, Prime Minister Disraeli, in the border between Serbia and total on Capitol Hill or in the instru- the second half of the last century, had Montenegro and the Republic of Bosnia mentalities that work for the Senate this to say as a way to determine suc- and Herzegovina. I repeat, effectively here and the House of Representatives. cess. ‘‘Constancy of purpose is the se- implementing—not trying in a half- Those people now have the same pro- cret of success,’’ is what Disraeli said. hearted way or even trying with good tections and same rights under the law, I think that that is a very good rule for intentions. Mr. President, the standard through a different appeals process anybody who wants to get anything of effectively implementing simply has that we worked out here. done in the congressional system that not been met. But I just wanted to give credit to we have in this country. If you stick to On November 18, 1994, I sent a de- those who worked out all these details. it and if you are on the right track, tailed letter to Secretary of State I think it is a great step forward. you will eventually accomplish your Christopher in which I outlined my Thank you very much and I yield the goal. I think that even Senator GLENN concerns on this issue. Yesterday— floor. has a longer view toward that end than nearly 8 weeks later—I finally received Mr. LOTT addressed the Chair. I do, because, as I stated before, he was an answer from Assistant Secretary of The PRESIDING OFFICER. The Sen- involved in this before I ever got in- State Sherman. I hope that this inex- ator from Mississippi. volved in it. cusable tardiness in responding to my Mr. LOTT. Mr. President, I wish to I yield the floor. request and desire is not indicative of a associate myself with the remarks that Mr. BIDEN. Mr. President, I also re- desire on the part of the State Depart- have already been made here. And also member something Benjamin Disraeli ment to keep this vital issue out of the on behalf of the majority leader and, I said when a young member of Par- public eye. am sure, the membership on both sides liament walked up to him one Mr. President, the contents of Assist- of the aisle, I wish to congratulate evening—as you know, better than I, ant Secretary Sherman’s letter have them on the outstanding job that has the Parliament meets in the evening. only increased my fear that the admin- been done on this legislation. He walked up to Benjamin Disraeli, his istration is allowing a new overall con- The distinguished Senator from Iowa party leader, and he said, ‘‘Mr. Prime cept for Bosnia—with which I pro- has certainly done an outstanding job. Minister,’’—there was a particular bill foundly disagree—to dictate its inter- He has been patient. Amendments have on the floor—he said, ‘‘Mr. Prime Min- pretation of the facts on the ground. not just been brushed off. They have ister, such and such a bill is on the What about the stipulated U.N. been considered. But all of them were floor tonight. I wonder whether you standard of effectively implementing put aside, at least for the time being, think I should speak tonight on this the border closure? Assistant Secretary so we could have a good, clean bill that bill.’’ And Disraeli looked at the young Sherman writes: does what everybody really wants it to member and said, ‘‘Sir, I think it bet- On the whole, looking across the 100-day do. ter that the House of Commons wonder period, we believe it legitimate to say that I think the evidence of the good job why you did not speak than why you the border has been effectively closed in the that has been done was the vote we just did.’’ sense that it has become steadily less porous saw, 98 to 1. I do think that it is impor- And occasionally I think we are as loopholes were identified and sealed. tant that this is the first bill of the going to find Disraeli’s admonition, not That, Mr. President, is a remarkably year; that we have congressional ac- as it relates to this particular bill, I creative definition of ‘‘effective imple- countability; that we have these laws suspect we may find his admonition menting.’’ apply to ourselves. And I think that it may be well placed in terms of how we I remember back in the early 1980’s, is an important message to the Amer- conduct ourselves the remainder of this we went from talking about tax in- ican people that they will agree with. session. creases to revenue enhancements. This January 11, 1995 CONGRESSIONAL RECORD — SENATE S 781 makes that euphemism sound ridicu- should keep the sanctions on, the eco- night to file a report to accompany S. lous. It says ‘‘effectively implement- nomic sanctions. Such a vote would 1, the unfunded mandates bill. ing,’’ and he writes, ‘‘On the whole, not only be a moral statement but also The PRESIDING OFFICER. Without looking across the 100-day period, we a proper reaction to this nonexistent objection, it is so ordered. believe,’’ and the key point is ‘‘that it blockade that has provided cover for f has become steadily less porous.’’ I as- Milosevic and our European allies. sume that means therefore it has been Mr. President, although I do not have MAJORITY PARTY APPOINTMENTS effectively implemented, in their view. any real expectation that the adminis- TO ETHICS COMMITTEE The fact is that the border is more tration is going to listen to me any Mr. LOTT. Mr. President, I send a than 300 miles long. It traverses some more than they have listened to me in resolution to the desk. of the most rugged, mountainous coun- the past on this, or to Senator DOLE or The PRESIDING OFFICER. The try in Europe, and it would be difficult to Senator LIEBERMAN or others, I do clerk will report. to police even with a large force of want the RECORD to show that there is monitors. no serious implementation of the The legislative clerk read as follows: In actuality, however, Mr. President, blockade on the part of the Serbian A resolution (S. Res. 46) making majority fewer than 200 monitors have been de- Government; no cooperation from the party appointments to the Ethics Committee for the 104th Congress. ployed. Assistant Secretary Sherman Government of Serbia, Mr. Milosevic’s admits the monitoring mission ‘‘is still government; no effective means to The PRESIDING OFFICER. Is there not staffed as fully as we would like.’’ monitor whether it is underway; and no objection to the immediate consider- Most of the crossing points are not proof based upon the availabilities of ation of the resolution? monitored 24 hours a day. Controls on the commodities that are supposedly There being no objection, the Senate so-called ant trade—carried on by pri- being blocked, such as fuel for the war proceeded to consider the resolution. vate vehicles that smuggle in fuel for a machine, that suggests that it is work- The PRESIDING OFFICER. The Bosnian Serb war machine—are, quite ing, it is being tried, it is being imple- question is on agreeing to the resolu- frankly, laughable. mented, it is effective. tion. Perhaps the most ridiculous piece of Therefore, it seems to me, Mr. Presi- The resolution (S. Res. 46) was agreed information is that along parts of the dent, the only logical and consistent to, as follows: Montenegro-Bosnian border, the United vote we should cast in the United Na- Resolved, That the following shall con- Nations has been relying on the Yugo- tions Security Council tomorrow is one stitute the majority party’s membership on slav Army, that is the Serbian Army that eliminates the extension of the the following Senate committee for the 104th troops, to monitor the so-called block- waiver and puts back in place the full Congress, or until their successors are ap- ade. Now, call me cynical, Mr. Presi- economic blockade on Serbia. pointed: Ethics: Mr. McConnell (Chairman), Mr. dent, but I am uncomfortable with in- Mr. President, I thank my colleagues Smith, and Mr. Craig. volving Mr. Milosevic’s troops in the for their willingness to give me this honor system. time. I yield the floor. f The ultimate proof of the ineffective f MINORITY PARTY APPOINTMENTS closure of the border is that the TO ETHICS COMMITTEE Bosnian Serb aggressors have had no APPOINTMENTS BY THE VICE difficulty in securing fuel with which PRESIDENT Mr. DASCHLE. Mr. President, I ask to continue their attacks, such as last The PRESIDING OFFICER. The unanimous consent that the Senate month’s offensive in the Bihac area. Chair, on behalf of the Vice President, proceed to the immediate consider- Even the price of fuel on the civilian and upon the recommendation of the ation of Senate Resolution 42, relating market in Serbian-controlled parts of majority leader, pursuant to Senate to minority party appointments to a Bosnia has not risen appreciably, an in- Resolution 4 (95th Congress), Senate Senate committee; that the resolution dication that there are no serious Resolution 448 (96th Congress), Senate be agreed to; and that the motion to shortages of fuel. It is still coming in. Resolution 127 (98th Congress), and reconsider be laid upon the table. Mr. President, the whole blockade Senate Resolution 100 (101st Congress), The PRESIDING OFFICER. Without charade has proven once again that Mr. appoints the following Senators as the objection, it is so ordered. Milosevic is the shrewdest politician in majority membership of the Select So the resolution (S. Res. 42) was the former Yugoslavia. Through his Committee on Indian Affairs: The Sen- agreed to, as follows: blockade gambit he hopes to weaken ator from Arizona [Mr. MCCAIN], the Resolved, That the following shall con- the Bosnian Serb leader Karadzic, but Senator from Alaska [Mr. MURKOWSKI], stitute the minority party’s membership on not significantly to hamper the the Senator from Washington [Mr. the Ethics Committee for the 104th Congress, Bosnian Serb Army. Our British and GORTON], the Senator from New Mexico or until their successors are chosen. Select Committee on Ethics: Mr. Bryan, French allies and the Russians, eager [Mr. DOMENICI], the Senator from Kan- Vice Chair, Ms. Mikulski, and Mr. Dorgan. for peace in Bosnia at any time, want sas [Mrs. KASSEBAUM], the Senator to throw Milosevic a bone of renewed from Oklahoma [Mr. NICKLES], the Sen- f sanctions relief, perhaps even to lessen ator from Wyoming [Mr. THOMAS], the DESIGNATING CHAIRPERSONS OF the sanctions further. Senator from Utah [Mr. HATCH], and SENATE COMMITTEES Worst of all, it now appears the Unit- the Senator from Georgia [Mr. ed States is sliding toward the appease- COVERDELL]. Mr. LOTT. Mr. President, I send a ment position of the British and the Mr. LOTT. Mr. President, I suggest resolution to the desk. French. Assistant Secretary of State the absence of a quorum. The PRESIDING OFFICER. The Holbrooke, speaking 2 days ago in Sa- The PRESIDING OFFICER. The clerk will report. rajevo, indicated that we have re- clerk will call the roll. The legislative clerk read as follows: treated from holding the Bosnian Serbs The legislative clerk proceeded to A resolution (S. Res. 47) designating the at the ladder of the contact group’s call the roll. chairpersons of Senate committees for the peace plank. Now, apparently, we see Mr. LOTT. Mr. President, I ask unan- 104th Congress. the plan only as a basis for negotia- imous consent that the order for the The PRESIDING OFFICER. Is there tion. That is, we have prepared to quorum call be rescinded. objection to the immediate consider- allow the Bosnian Serbs to hold on to The PRESIDING OFFICER. Without ation of the resolution? some of the fruits of their military ag- objection, it is so ordered. There being no objection, the Senate gression and the vile ethnic cleansing f proceeded to consider the resolution. they have been undertaking. The PRESIDING OFFICER. The Mr. President, we should have none AUTHORITY TO REPORT question is on agreeing to the resolu- of this. The United States should vote Mr. LOTT. Mr. President, I ask unan- tion. against the extension of the U.S. sanc- imous consent that the Governmental The resolution (S. Res. 47) was agreed tions waiver. Or, put another way, we Affairs Committee have until 8 p.m. to- to, as follows: S 782 CONGRESSIONAL RECORD — SENATE January 11, 1995 Resolved, That the following Senators are uments, which were referred as indi- for Energy Efficiency″; to the Committee on designated as the Chair of the following com- cated: Banking, Housing, and Urban Affairs. mittees for the 104th Congress, or until their EC–25. A communication from the Direc- EC–11. A communication from the Assist- successors are chosen: tor, Corporate Financial Audits, General Ac- ant Secretary of State (Legislative Affairs), Committee on Agriculture, Nutrition, and counting Office, transmitting, pursuant to transmitting, pursuant to law, notice of a Forestry: Mr. Lugar, Chairman. law, the report of the audit of the financial Presidential Determination relative to the Committee on Appropriations: Mr. Hat- statements of the Federal Financial Bank field, Chairman. Government of Colombia; to the Committee for calendar years 1992 and 1993; to the Com- Committee on Armed Services: Mr. Thur- on Armed Services. mittee on Banking, Housing, and Urban Af- mond, Chairman. EC–12. A communication from the Deputy fairs. Committee on Banking, Housing, and Assistant Secretary of the Air Force (Com- EC–26. A communication from the Presi- Urban Affairs: Mr. D’Amato, Chairman. munications, Computers and Support Sys- dent of the United States, transmitting, pur- Committee on Commerce, Science, and tems), transmitting, pursuant to law, notice suant to law, a report relative to the Govern- Transportation: Mr. Pressler, Chairman. relative to a multi-function cost comparison; ments of Serbia and Montenegro; to the Committee on Energy and Natural Re- to the Committee on Armed Services. Committee on Banking, Housing, and Urban sources: Mr. Murkowski, Chairman. EC–13. A communication from the Deputy Affairs. Committee on Environment and Public Under Secretary of Defense, transmitting, EC–27. A communication from the Presi- Works: Mr. Chafee, Chairman. pursuant to law, the report on the dem- dent of the United States, transmitting, pur- Committee on Finance: Mr. Packwood, onstration program for training discharged suant to law, notice relative to the Libyan Chairman. veterans for employment in the construction emergency; to the Committee on Banking, Committee on Foreign Relations: Mr. and hazardous waste remediation industries; Housing, and Urban Affairs. Helms, Chairman. to the Committee on Armed Services. EC–28. A communication from the Acting Committee on Governmental Affairs: Mr. EC–14. A communication from the Deputy Director of the Office of Thrift Supervision, Roth, Chairman. Secretary of Defense, transmitting, pursuant Department of the Treasury, transmitting, Committee on the Judiciary: Mr. Hatch, to law, certification relative to the C–17 set- pursuant to law, the report entitled ‘‘Re- Chairman. tlement agreement; to the Committee on sponsibilities Under the Community Rein- Committee on Labor and Human Re- Armed Services. vestment Act″; to the Committee on Bank- sources: Mrs. Kassebaum, Chairman. EC–15. A communication from the Deputy ing, Housing, and Urban Affairs. Committee on Rules and Administration: Secretary of Defense, transmitting, pursuant EC–29. A communication from the Acting Mr. Stevens, Chairman. to law, certification relative to amphibious Director of the Office of Thrift Supervision, lift capacity; to the Committee on Armed f Department of the Treasury, transmitting, Services. pursuant to law, a report relative to the re- MESSAGES FROM THE PRESIDENT EC–16. A communication from the Assist- port on minority thrift ownership; to the ant to the Secretary of Defense, transmit- Committee on Banking, Housing, and Urban Messages from the President of the ting, pursuant to law, a corrected summary Affairs. United States were communicated to sheet relative to the semi-annual report on EC–30. A communication from the Sec- the Senate by Mr. Thomas, one of his program activities for facilitation of weap- retary of the Treasury, transmitting, pursu- secretaries. ons destruction and non-proliferation in the ant to law, the report on foreign treatment Former Soviet Union; to the Committee on f of U.S. financial institutions for calendar Armed Services. year 1994; to the Committee on Banking, EXECUTIVE MESSAGES REFERRED EC–17. A communication from the Deputy Housing, and Urban Affairs. Assistant Secretary of Defense, transmit- As in executive session the Presiding EC–31. A communication from the Director ting, pursuant to law, the report on strategic of the Office of Management and Budget, Ex- Officer laid before the Senate messages and critical materials during the period Oc- ecutive Office of the President, transmitting, from the President of the United tober 1, 1993 through September 30, 1994; to pursuant to law, the report on direct spend- States submitting sundry nominations the Committee on Armed Services. ing or receipts legislation within five days of which were referred to the Committee EC–18. A communication from the General enactment; to the Committee on the Budget. on the Judiciary. Counsel of the Department of Defense, trans- EC–32. A communication from the Admin- mitting, pursuant to law, an executive order (The nominations received today are istrator of the Federal Aviation Administra- of amendments to the Manual for Courts- tion, transmitting, pursuant to law, the reprinted at the end of the Senate pro- Martial, United States, 1984; to the Commit- ceedings.) port on progress on developing and certifying tee on Armed Services. the Traffic Alert and Collision Avoidance f EC–19. A communication from the Presi- Systems; to the Committee on Commerce, dent and Chairman of the Export-Import Science and Transportation. MESSAGES FROM THE HOUSE Bank, transmitting, pursuant to law, the re- EC–33. A communication from the Chair- At 2:18 p.m., a message from the port on a transaction involving U.S. exports man of the National Transportation Safety to Russia; to the Committee on Banking, House of Representatives, delivered by Board, transmitting, pursuant to law, the re- Housing, and Urban Affairs. port of an appeal letter; to the Committee on Ms. Goetz, one of its reading clerks, an- EC–20. A communication from the First nounced that on January 5, 1995, pursu- Commerce, Science, and Transportation. Vice President and Vice Chairman of the Ex- EC–34. A communication from the Sec- ant to section 8002 of the Internal Rev- port-Import Bank, transmitting, pursuant to retary of Transportation, transmitting, pur- enue Code of 1986, the following mem- law, the report on a transaction involving suant to law, the annual report on transpor- bers of the Committee on Ways and U.S. exports to Indonesia; to the Committee tation user fees for fiscal year 1993; to the Means were designated to serve on the on Banking, Housing, and Urban Affairs. Committee on Commerce, Science, and Joint Committee on Taxation for the EC–21. A communication from the Director Transportation. of the Federal Emergency Management EC–35. A communication from the Finan- 104th Congress: Mr. ARCHER, Mr. Agency, transmitting, pursuant to law, the CRANE, Mr. THOMAS, Mr. GIBBONS, and cial Manager of the Federal Highway Admin- report entitled ‘‘A Unified National Program istration, Department of Transportation, Mr. RANGEL. for Floodplain Management″; to the Commit- transmitting, pursuant to law, the report of f tee on Banking, Housing, and Urban Affairs. the memorandum implementing the Hotel EC–22. A communication from the Execu- and Motel Fire Safety Act of 1990 require- MEASURES PLACED ON THE tive Director of the Thrift Depositor Protec- ments; to the Committee on Commerce, CALENDAR tion Oversight Board, transmitting, pursu- Science, and Transportation. The following measures were read the ant to law, the report on savings associations as of September 30, 1994; to the Com- f first and second times by unanimous mittee on Banking, Housing, and Urban Af- consent and placed on the calendar: fairs. REPORTS OF COMMITTEE H.R. 1. An act to make certain laws appli- EC–23. A communication from the Chair- cable to the legislative branch of the Federal man of the Board of Governors of the Federal The following report of committee Government. Reserve System, transmitting, pursuant to was submitted: f law, the report on credit availability for By Mr. ROTH, from the Committee on small business and small farms in calendar Governmental Affairs: EXECUTIVE AND OTHER year 1994; to the Committee on Banking, Report to accompany the bill (S. 1) to curb COMMUNICATIONS Housing, and Urbans Affairs. the practice of imposing unfunded Federal EC–24. A communication from the Sec- mandates on States and local governments; The following communications were retary of Housing and Urban Development, to strengthen the partnership between the laid before the Senate, together with transmitting, pursuant to law, a report rel- Federal Government and State, local and accompanying papers, reports, and doc- ative to the report entitled ‘‘Five-Year Plan tribal governments; to end the imposition, in January 11, 1995 CONGRESSIONAL RECORD — SENATE S 783 the absence of full consideration by Con- the Senate against consideration of any re- represent a sizeable proportion of the econ- gress, of Federal mandates on State, local, ported legislation unless the report includes omy. One of the purposes of S. 1 is to, in fact, and tribal governments without adequate a Congressional Budget Office (CBO) esti- create a mechanism for better and more cur- funding, in a manner that may displace mate of the cost of Federal mandates to rent accounting of these costs. One study other essential governmental priorities; and State, local and tribal governments as well prepared for the GSA Regulatory Informa- to ensure that the Federal Government pays as to the private sector; a requirement that tion Service Center in 1992 found the cost of the costs incurred by those governments in Federal agencies establish a process to allow Federal mandates to State and local govern- complying with certain requirements under State, local and tribal governments greater ments and the private sector was estimated Federal statutes and regulations; and for input into the regulatory process; and, a re- to amount to $581 billion, or roughly 10 per- other purposes (Rept. 104–1). quirement that agencies analyze the impact cent of GDP. According to the Vice Presi- Mr. DOMENICI. Mr. President, on be- on State, local, and tribal governments and dent’s report, The National Performance Re- half of the Senate Budget Committee, I the private sector of major regulations that view, the private sector alone spends $430 bil- include federal mandates. ask unanimous consent that a state- lion each year to comply with Federal regu- II. BACKGROUND ment on S. 1, the Unfunded Mandate lations. Reform Act of 1995, as reported, be The controversies that arise between the During a joint hearing with the Senate respective powers of the Federal government Governmental Affairs Committee on Janu- printed in the RECORD. and the States date back to the country’s In order to expedite the business of ary 5, 1995, the Budget Committee these con- origins. Concern about the cost and extent of cerns from State and local officials regard- the Senate, the committee did not file Federal mandates on State, local governing the cost of the mandates and the damag- a report. This statement provides the ments, and indian tribes as well as the pri- ing impact of these mandates to our system same information as required by a re- vate sector first reached its peak in the late of government. According to the National port and serves as the basis of the leg- 1970s. League of Cities, over the past two decades, islative history of the Senate Budget With respect to State and local mandates, the Congress has enacted 185 new laws im- the Senate Budget Committee acted in 1980 Committee’s actions on the bill. posing mandates on state and local govern- and again in 1981, culminating in the enact- ments. STATEMENT OF THE SENATE COMMITTEE ON ment of the State and Local Government In that hearing, the Mayor of Philadelphia, THE BUDGET ON S. 1—UNFUNDED MANDATE Cost Estimate Act of 1981. This law required REFORM ACT OF 1995 the Congressional Budget Office (CBO) to Edward Rendell, on behalf of the U.S. Con- I. PURPOSE prepare State and local cost estimates, but ference of Mayors, testified that 314 cities The primary purpose of S. 1—the ‘‘Un- did not provide for any legislative enforce- will spend an estimated $54 billion over the funded Mandate Reform Act of 1995’’—is to ment procedures. next five years to comply with only 10 of start the process of redefining the relation- Since the enactment of the State and these Federal mandates. His testimony in- ship between the Federal government and Local Government Cost Estimate Act, CBO cluded the following remarks on how Federal State, local and tribal governments. In addi- has had 12 years of experience in preparing mandates severely diminish local govern- tion, the bill would require an assessment of State and local cost estimates. During this ment’s ability to establish priorities. the impact of legislative and regulatory pro- period, CBO has examined 6,920 pieces of leg- ‘‘The problem with unfunded Federal man- posals on the private sector. islation for the impact of Federal mandates. dates is that the Federal government has The bill accomplishes this purpose by en- Twelve percent, or roughly 800 bills, con- turned State and local officials into Federal suring that the impact of legislative and reg- tained some impact on State and local gov- tax collectors. We collect the taxes to imple- ulatory proposals on those governments and ernments. A year-by-year summary of the ment Federal priorities and as a result we the private sector are given full consider- number of estimates prepared by CBO is dis- are not able to establish and fund local prior- ation in Congress and the Executive Branch played in the following table. ities.’’ before they are acted upon. Although these past legislative efforts ‘‘In my city when I became mayor, we had More specifically, S. 1 achieves these ob- were designed to monitor and, presumably, 19 tax increases in the 11 years prior to my jectives through the following major provi- to curtail the growth of Federal mandates, becoming mayor, and we still had a quarter sions: A majority point of order in the Sen- Federal mandates have grown while Federal of a billion dollar budget deficit, and we had ate against consideration of legislation that resources to cover the costs of these man- driven 30 percent of our tax base out of the establishes a Federal mandate on State, dates have shrunk. city.’’ local and tribal governments unless the leg- While it is difficult to produce precise esti- ‘‘So as a practical matter, I could not raise islation provides funding to offset the costs mates of the costs of mandates, there is lit- taxes to meet the new demands and man- of the mandate; a majority point of order in tle doubt that these costs have grown and dates.’’ STATE AND LOCAL COST ESTIMATES PREPARED BY CBO: 12 YEARS OF EXPERIENCE

1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 Total Average

Total estimates prepared ...... 573 641 533 590 531 686 470 720 551 614 507 504 6,920 577 Estimates with no impacts ...... 496 584 488 543 448 598 404 593 494 522 448 443 6,061 505 (Percent of Total) ...... 87 91 92 92 84 87 86 82 90 85 88 88 88 88 Esimates with some impacts ...... 77 57 45 47 83 88 66 127 57 92 48 51 838 70 (Percent of Total) ...... 13 9 8 8 16 13 14 18 10 15 9 10 12 12 Estimates with impacts above $200 million ...... 24 6 14 8 22 15 7 20 4 14 9 6 149 12 (Percent of Total) ...... 4 1 3 1 4 2 1 3 1 2 2 1 2 2 Source: Congressional Budget Office: Bill Estimates Tracking System.

The Governor of Ohio, George V. III. LEGISLATIVE HISTORY On November 29, 1994, Senators Domenici Voinovich, made a similar point and con- Senator Kempthorne introduced S. 1, the and Exon wrote Senators Roth and Glenn re- cluded, ‘‘* * * the Federal government is Unfunded Mandate Reform Act of 1995, on garding the consideration of unfunded man- bankrupt. And the Congress is on its way to January 4, 1995. dates legislation and the Budget Commit- bankupting state and local governments.’’ S.1 is based on similar legislation the Sen- tee’s jurisdiction over this legislation. Governor Voinovich also spoke to the lack ate Government Affairs committee reported During December, the Budget Committee of accountability on the part of Federal offi- last Congress. Senator Kempthorne intro- worked with the Government Affairs Com- cials when mandates are enacted and regula- duced s. 993 on May 30, 1993 and this legisla- mittee and Senator Kempthorne to develop tions are promulgated to impose mandates tion was reported by the Governmental Af- the legislation that was introduced at S. 1. on States and local governments. He cited an fairs Committee on August 10, 1994. The Sen- The Senate Budget Committee worked to make the following three modifications to S. example of a Federal requirement that states ate considered S. 993 on October 6, 1994, but 993, which are now reflected in S. 1: (1) uses scrap tires to pave their roads with rub- no final action was taken on the bill during the 103d Congress. strengthened the point of order in the bill so berized asphalt that will increase the cost of S. 993 as reported by the Governmental that it would apply to all legislation (bill, the State of Ohio’s highway program by $50 Committee proposed a number of changes in joint resolution, amendment, motion or con- million, money that could be spent to re- matters that are within the jurisdiction of ference reports) and not just reported bills; place 700 miles of roads or rehabilitate 137 the Senate Budget Committee. Pursuant to (2) reduced the costs to the Congressional aging bridges. His testimony raised ques- section 306 of the Budget Act, any legislation Budget Office (CBO) for its new duties re- tions about the durability of rubberized as- that affects any matter within the jurisdic- quired by the bill by 50 percent (from $8–10 phalt and expressed grave concerns about its tion of the Budget Committee is subject to a million down to $4.5 million); and, (3) potentially harmful environmental effects. point of order unless it is reported by the strengthened the bill by incorporating this Budget Committee. This point of order can new mandate control process into the Con- only be waived by an affirmative vote of 60 gressional Budget Act and the Congressional Senators. Budget process. S 784 CONGRESSIONAL RECORD — SENATE January 11, 1995 On January 5, the Budget Committee held ENTITLEMENT PROGRAMS THAT CONTAIN The definition of ‘‘small government’’ is a joint hearing with the Governmental Af- INTERGOVERNMENTAL MANDATES—Continued made consistent with existing Federal law fairs Committee. On January 9, the Govern- [Outlays in billions of dollars] which classifies a government as small if its mental Affairs Committee voted 9–4 to re- population is less than 50,000. ‘‘Tribal gov- port the bill, S. 1, with three amendments. 1996 1997 1998 1999 2000 ernment’’ is defined according to existing On the same day, after the Governmental Af- law. Rehabilitation services and dis- fairs action, the Budget Committee also Section 4. Exclusions voted by a vote of 21–0 to report S. 1 with ability research ...... 2.4 2.5 2.6 2.6 2.7 Medicaid ...... 100.1 111.0 123.1 136.0 149.5 four amendments. This section provides a number of exclu- Food Stamp Program ...... 26.0 27.4 28.8 30.3 31.1 sions from this Act. IV. SECTION-BY-SECTION ANALYSIS State child nutrition programs .. 8.1 8.6 9.2 9.9 10.5 Family support payments to Among these exclusions, the bill contains Section 1. Short title States 1 ...... 17.5 17.9 18.3 18.8 19.4 an exclusion for legislation that ‘‘establishes This section identifies the short title as Total ...... 162.0 175.6 190.6 206.5 222.5 or enforces any statutory rights that pro- the ‘‘Unfunded Mandate Reform Act of 1995.’’ hibit discrimination.’’ The Committee be- Section 2. Purposes 1 Includes AFDC and child support enforcement. lieves this language to mean provisions in This section establishes the purposes of the Source: CBO January 1995 Baseline. bills and joint resolutions that prohibit or Act. Any legislation or regulation would be con- are designed to prevent discrimination from Section 3, Definitions sidered a Federal intergovernmental man- occurring through civil or criminal sanc- date if it: a) increases the stringency of tions or prohibitions. This section amends the Congressional In order to maintain the discipline of S.1 Budget and Impoundment Control Act of 1974 State, local or tribal government participation in any one of these nine programs, or b) to control new unfunded mandates, the Com- by Adding Several new definitions. These mittee believes that the exclusions must be definitions are applicable to the entire Un- caps or decreases the Federal government’s responsibility to provide funds to State, interpreted so that the mandate in legisla- funded Mandates Reform Act. However, one tion completely fits within the confines of an of the Committee amendments restricts local or tribal governments to implement exclusion. their application within the Budget Act to the program, including a shifting of costs the new Budget Act enforcement mecha- from the Federal government to those gov- Section 5. Agency Assistance nisms established in Title I of this Act. ernments. The legislation or regulation Under this section, the Committee intends The term ‘‘Federal mandate’’ is defined as would not be considered a Federal intergov- for Federal agencies to provide information, either a ‘‘Federal intergovernmental man- ernmental mandate if it allows those govern- technical assistance, and other assistance to date’’ or a ‘‘Federal private sector mandate’’. ments the flexibility to amend their specific the Congressional Budget Office (CBO) as The term ‘‘Federal intergovernmental programmatic or financial responsibilities CBO might need and reasonably request that mandate’’ is defined to mean any legislation, within the program while still remaining eli- might be helpful in preparing the legislative statute, or regulation that imposes a legally gible to participate in that program. In addi- cost estimates as required by Title I. binding duty on State, local, or tribal gov- tion to the nine previously-mentioned pro- Through the implementation of various ernments, unless the duty is a condition of grams, also included are any new Federal- Presidential Executive Orders over the last Federal assistance or is a condition or re- State-local entitlement programs (above the decade, agencies have developed a wealth of quirement for participation in a voluntary $500 million threshold) that may be created expertise and data on the cost of legislation discretionary aid program. after the enactment of this Act. and regulation on State, local and tribal gov- The term ‘‘Federal intergovernmental The Committee has included this provision ernment and the private sector. CBO should mandate’’ is further defined to include any in the legislation because of its concern over be able tap into that expertise in a useful legislation, statute, or regulation that would past and possible future shifting of the costs and timely manner. Other Congressional sup- reduce or eliminate the authorization of ap- of entitlement programs by the Federal gov- port agencies may also have developed infor- propriation for Federal financial assistance ernment on to State governments. mation on cost estimates and the estimating to State, local, or tribal governments for ‘‘Federal private sector mandate’’ is de- process which might be helpful to CBO in purposes of complying with an existing duty, fined to include any legislation, statute, or performing its duties. CBO should not at- unless the legislation, statute, or regulation regulation that imposes a legally binding tempt to duplicate analytical work already reduces or eliminates the duty accordingly. duty on the private sector. being done by the other support agencies, In the circumstances where the Federal gov- ‘‘Direct costs’’ is defined to mean aggre- but rather use as needed that information. ernment has imposed legal duties on State, gate estimated amounts that State, local Title I—Legislative Accountability and local, and tribal governments and has pro- and tribal governments and the private sec- Reform vided financial assistance to those entitles tor will have to spend in order to comply to comply with those duties, the Committee with a Federal mandate. Direct costs of Fed- Section 101. Legislative mandate accountability believes that the Federal government ought eral mandates are net costs; they are the and reform to be held accountable when the Federal gov- sum of estimated costs and estimated sav- This section amends title IV of the Con- ernment subsequently reduces or eliminates ings associated with legislation. Further, di- gressional Budget and Impoundment Control the Federal assistance to those governments rect costs do not include costs that State, Act of 1974 by creating a new section 408 on while continuing to require compliance with local and tribal governments and the private Legislative Mandate Accountability and Re- the existing duties. This definition, together sector currently incur or will incur to imple- form. Subsection (a) establishes procedures with the enforcement mechanism established ment the requirements of existing Federal and requirements for Committee reports ac- in section 101, will provide this accountabil- law or regulation. In addition, the direct companying legislation that imposes a Fed- ity. costs of a Federal mandate must not include eral mandate. It requires a committee, when The term ‘‘Federal intergovernmental costs being borne by those governments and it orders reported legislation containing mandate’’ is lastly defined to include any the private sector as the result of carrying Federal mandates, to provide the reported legislation, statute, or regulation concerning out a State or local government mandate. bill to CBO promptly. The Committee is con- Federal entitlement programs that provide The Governmental Affairs Committee has cerned that this bill imposes significant new $500 million or more annually to State, local, proposed an amendment change in the defi- responsibilities on CBO to provide a variety or tribal governments, if it would either in- nition of ‘‘Private sector’’. The revised defi- of estimates for legislation. Therefore, the crease the conditions of assistance or would nition covers all persons or entities in the Committee would urge the relevant authoriz- cap or decrease the Federal responsibility to United States except for State, local or trib- ing committees to work closely with CBO provide funding, and the governments have al governments. It includes individuals, part- during the committee process to ensure that no authority to amend their responsibility nerships, associations, corporations, and legislation containing federal mandates, as to provide the services affected. This sub- educational and nonprofit institutions. well as possible related amendments to be of- paragraph relates to nine large Federal enti- The Committee is troubled by the exemp- fered in markup, be provided to CBO in a tlement programs, the spending projections tion of independent regulatory agencies from timely fashion so as not to impede the legis- for which are shown in the following CBO the definition of a Federal ‘‘agency’’. An lative process. table: amendment by Senator Domenici to delete The committee report shall include: an this exemption was withdrawn because of identification and description of Federal ENTITLEMENT PROGRAMS THAT CONTAIN Senator Simon’s request that the Committee mandatesin the bill, including an estimate of INTERGOVERNMENTAL MANDATES and the Senate have an opportunity to study their expected direct costs to State, local [Outlays in billions of dollars] this exemption further. Many of these inde- and tribal governments and the private sec- pendent regulatory agencies are a major tor, and a qualitative assessment of the costs 1996 1997 1998 1999 2000 source of costly unfunded mandates, particu- and benefits of the Federal mandates, includ- Payments to States for AFDC larly on the private sector. The Committee ing their anticipated costs and benefits to work programs ...... 0.9 1.0 1.0 1.0 1.0 notes section 4 of the bill provides a number human health and safety and protection of Social services block grant (Title of exclusions and believes this exemption the natural environment. XX) ...... 3.1 3.1 3.0 2.9 2.8 Payments to States for foster needs to be, at a minimum, significantly nar- If a mandate affects both the public and care and adoption assistance 3.9 4.3 4.7 5.0 5.5 rowed. the private sectors, and it is intended that January 11, 1995 CONGRESSIONAL RECORD — SENATE S 785 the Federal Government pay the public sec- must so state and provide an explanation, nation. If the Director determines that it is tor costs, the report should also state what and must also prepare the required esti- not feasible for him to make a reasonable es- effect, if any, this would have on any com- mates. timate that would be required with respect petitive balance between government and In estimating whether the threshold will to Federal private sector mandates, the Di- privately-owned businesses. One of the Com- be exceeded, the Director must consider director shall not make the estimate, but shall mittee’s amendments expanded this require- rect costs in the year when the Federal report in the statement that an estimate ment to include an assessment of the impact intergovernmental mandate will first be ef- cannot be reasonably made. of any mandate on the competitive balance fective, plus each of the succeeding four fis- If the Director estimates that the direct between states, local governments, and trib- cal years. In some cases, the new duties or costs of a Federal private sector mandate al governments and privately-owned busi- conditions that constitute the mandate will will be below the specified threshold, the Di- nesses if that mandate is contingent on fund- not become effective against State, local and rector must state this fact in his statement ing being provided in appropriations Acts. tribal governments when the statute be- on the bill, and must briefly explain the esti- Some federal mandates will affect both the comes effective, but will become effective mate. Although this provision requires only public and private sectors in similar and, in when the implementing regulations become a determination by CBO that the threshold some cases, nearly identical ways. For exam- effective. The Committee notes that current will not be equalled or exceeded, if, in cases ple, the costs of compliance with minimum Federal comprehensive budget projects are below the threshold, the Director actually wage laws or environmental standards for made for five years and is aware that esti- estimates the amount of direct costs, this landfill operations or municipal waste incin- mates that reach beyond this five year win- section is not intended to preclude the Direc- eration are incurred by both sectors. There dow are more difficult to make with preci- tor from including the estimate in his ex- has been some concern expressed that the sion. The Committee is concerned about and planatory statement. Federal subsidization of the public sector in recognizes the difficulty of making out-year Point of order in the Senate: these cases could create a competitive ad- estimates, particularly beyond the five-year This section provides two new Budget Act vantage for activities owned by State, local window. The Committee notes that the new points of order in the Senate. The first or tribal governments in those areas where enforcement procedures are based on thresh- makes it out of order in the Senate to con- they compete with the private sector. If fu- olds being exceeded. However, if a range of sider any bill or joint resolution reported by ture mandate legislation causes this to be estimates is made and that range estimate is a committee that contains a Federal man- the case, S. 1 provides that Congress will be less than to greater than the threshold, the date unless a CBO statement of the man- aware of this impact and the effect on the Committee believes the enforcement proce- date’s direct costs has been printed in the continuing ability of private enterprises to dures would apply. Committee report or the Congressional remain viable. The authorizing committees The $50,000,000 threshold in this legislation Record prior to consideration. The second are required to provide an assessment in for Federal intergovernmental mandates is point of order would lie against any bill, their reports in order for Congress to care- significantly lower than the threshold of joint resolution, amendment, motion, or con- fully consider and decide whether the grant- $200,000,000 in the State and Local Cost Esti- ference report that increased the costs of a ing of a competitive advantage to the public mate Act of 1981 (2 U.S.C. 403(c)). The thresh- Federal intergovernmental mandate by more sector is fair and appropriate. old in the 1981 Act also included a test of than the $50,000,000, unless the legislation For Federal intergovernmental mandates, whether the proposed legislation is likely to fully funded the mandate in one of three Committee reports must also contain a have an exceptional fiscal consequence for a ways: statement of the amount, if any, of the in- geographic region or a level of government. 1. an increase in direct spending with a re- creased authorization of appropriations for The bill provides that at the request of any sulting increase in the Federal budget deficit Federal financial assistance to fund the costs Chairman or Ranking Minority Member of a (unless the new direct spending was offset by of the intergovernmental mandates. committee, CBO must conduct a study on direct spending reductions in other pro- This section also requires the authorizing the disproportionate effects of mandates on grams); Committee to state in the report whether it specific geographic regions or industries. 2. an increase in direct spending with an intends the Federal intergovernmental man- If the Director determines that the direct offsetting increase in tax receipts, or date to be funded or not. There may be occa- costs of the Federal intergovernmental man- 3. an authorization of appropriations and a sions when a Committee decides that it is dates will equal or exceed the threshold, he limitation on the enforcement of the man- entirely appropriate that State, local or trib- must make the required additional estimates date to the extent of such amounts provided al governments should bear the cost of a and place them in the statement. in Appropriations acts. mandate without receiving Federal aid. If so, The Director of CBO must also estimate The Committee notes that ‘‘direct spend- the Committee report should state this and whether all direct costs of Federal private ing’’ is a defined term in the Balanced Budg- give an explanation for it. Likewise, the sector mandates in the bill will equal or ex- et and Emergency Deficit Control Act. The Committee report must state the extent to ceed a threshold of $200,000,000 annually. In Committee also intends that in order to which the report legislation preempts State, making this estimate, the Director must avoid the point of order under this section, local or tribal law, and, if so, explain the rea- consider direct costs in the year when the any direct spending authority or authoriza- sons why. To the maximum extent possible, Federal private sector mandate will first be tion of appropriations must offset the direct this intention to preempt should also be effective, plus each of the succeeding four costs to states, local governments, and in- clear in the statutory language. fiscal years. In some cases, the new duties or dian tribes from the Federal mandate. Also set out in this section are procedures conditions that constitute the mandate will If the third alternative is used (authoriza- to ensure that the Committee publishes the not become effective for the private sector tion of appropriations), a number of criteria CBO cost estimate, either in the Committee when the statute becomes effective, but will must be met in order to avoid the point of report or in the Congressional Record prior become effective when the implementing order. First, any appropriation bill that is to floor consideration of the legislation. regulations become effective. expected to provide funding must be identi- Duties of the Director: Similar to State and local estimates, the fied, Second, the mandate legislation must Section 408(b) of the Congressional Budget Committee is concerned about and recog- also designate a responsible Federal agency and Impoundment Control Act, as added by nizes the difficulty of making out-year esti- that shall either: implement an appro- section 101, requires the Director of CBO to mates, particularly beyond the five-year priately less costly mandate if less than full analyze and prepare a statement on all bills window. CBO has 12 years of experience of in- funding is ultimately appropriated (pursuant reported by committees of the Senate or cluding estimates of the impact on State and to criteria and procedures also provided in House of Representatives other than the ap- local governments in its cost estimates for the mandate legislation), or declare such propriations committees. This subsection legislation. While CBO has conducted studies mandate to be ineffective. To avoid the point stipulates, first, that the Director of CBO assessing the impact of mandates on the pri- of order, the authorizing committee must must estimate whether all direct costs of vate sector, CBO has little experience with provide in the authorization legislation for Federal intergovernmental mandates in the providing point estimates on private sector one of two options: bill will equal or exceed a threshold of impacts as the part of its cost estimates to 1. The agency will void the mandate if the $50,000,000 annually. If the Director esti- committees on legislation. appropriations committees at any point in mates that the direct costs will be below this The Committee is aware that the most the future provides insufficient funding to threshold, the Director must state this fact costly aspect of this legislation is the re- states, local governments, and tribal govern- in his statement on the bill, and must briefly quirement on CBO to produce estimates on ments to offset the direct cost of the man- explain the estimate. Although this provi- the impact to the private sector and is con- date. sion requires only a determination by CBO cerned about the cost of these new require- 2. The agency can provide a ‘‘less money, that the threshold will not be equalled or ex- ments. Even so, private sector mandates less mandate’’ alternative, but this alter- ceeded, if, in cases below the threshold, the have an enormous impact on the economy native requires the authorizing legislation to Director actually estimates the amount of and is critical that Congress understand specify clearly how the agency shall imple- direct costs, this section is not intended to these impacts as it considers legislation af- ment that alternative. preclude the Director from including the es- fecting the private sector. When an intergovernmental mandate is ei- timate in his explanatory statement. If the If the Director estimates that the direct ther declared ineffective or scaled back be- Director estimates that the direct costs will costs will equal or exceed the threshold, the cause of lack of funding, these changes in the equal or exceed the threshold, the Director Director must so state and provide an expla- mandate will be effectuated consistent with S 786 CONGRESSIONAL RECORD — SENATE January 11, 1995 the requirements of the Administrative Pro- stated in section 408. In the absence of a CBO Section 106. Repeal of the State and Local Cost cedures Act. This will ensure that all af- estimate, the Committee intends that the Estimate Act of 1981 fected parties including the private sector, determinations of levels of mandates be This paragraph rescinds the provisions of state, local and tribal governments and the based on estimates provided by the Senate the State and Local Cost Estimate Act of intended beneficiaries of the mandate will Budget Committee. 1981. have adequate opportunity to address their At the request of the House of Representa- concerns. tives, the Committee amendment retains Section 107. Effective date The bill provides that matters within the these provisions for the House. Title I will take effect on January 1, 1996. jurisdiction of the Appropriations Commit- Section 102. Enforcement in the House of One of the Committee amendments provided tee are not subject to a point of order under Representatives that this title would apply only to legisla- this section. However, this is not a blanket This section specifies the procedures to be tion considered on or after that date. This is exemption for an appropriations bill. If an followed in the House of Representatives in to give Congress time to enact additional ap- appropriations bill or joint resolution (or an enforcing the provisions of this Act. propriations for CBO and to give CBO and amendment, motion, or conference report the Budget Committees the necessary time thereto) included legislation imposing a Section 103. Assistance to committees and to prepare for implementing the new require- mandate on states, local governments, or studies ments of this Act. tribal governments, such legislation would This section adds among CBO existing du- The Committee notes that there has been not be in the Appropriations Committee’s ju- ties under the Budget Act a requirement some confusion surrounding the question of risdiction. Therefore, these provisions would that the Director of CBO, to the extent prac- retroactivity in S.1. This section makes be subject to the point of order under this ticable, to consult with and assist commit- clear that Title I only applies to new legisla- section. tees of the Senate and the House of Rep- tion considered after January 1, 1996. Laws One of the Committee amendments struck resentatives, at their request, in analyzing enacted prior to that date are not subject to two provisions in the bill regarding deter- proposed legislation that may have a signifi- Title I of this Act. The Committee intends minations and the point of order. The first cant budgetary impact on State, local or that when Congress considers legislation re- provision gives the Senate Governmental Af- tribal governments or a significant financial authorizing existing laws that this Title fairs the sole authority to determine what impact on the private sector. It provides for apply to how this reauthorization legislation constitutes a mandate. The second struck a the assistance that committees will need would change existing mandates or add new provision in the bill that is identical to other from CBO to fulfill their obligations under mandates. provisions in the Budget Act providing that the provisions of S. 1. Title II—Regulatory Accountability and the determinations of the levels of mandates This section also states that CBO should Reform would be based on estimates made by the set up a process to allow meaningful input Senate Budget Committee. from these knowledgeable, affected, and con- Section 201. Regulatory Process The language the Committee struck re- cerned about the Federal mandates in ques- This section requires agencies to assess the garding the Budget Committee’s role in tion. Once possible way to establish this effects of their regulations on State, local making determinations on budgetary levels process is through the formation of advisory and tribal governments, and the private sec- is identical or similar to language in sec- panels composed of relevant outside experts. tor. This section specifically requires agen- tions 201(g), 310(d)(4), 311(c), and 313(e) of the The Committee leaves it to the discretion of cies to notify, consult, and educate State, Congressional Budget Act, sections 258B(h)(4) the Director as to when and where it is ap- local governments, and tribal governments of the Balanced Budget and Emergency Defi- propriate to form an advisory panel. before establishing regulations that signifi- cit Control Act, and sections 23(e) and 24(d) This section encourages authorizing com- cantly affect these entities. of the Concurrent Resolution on the Budget mittees to take a prospective look at the im- Section 202. Statements to accompany for Fiscal Year 1995. pact of Federal intergovernmental and pri- significant regulatory actions The Senate, the Senate Parliamentarian’s vate sector mandates before considering new office and the Budget Committees have 20 legislation by requiring committees to sub- This section sets out requirements for years of experience with these Budget Act mit information on mandate legislation as Agencies prior to issuing final regulations. points of order and the Budget Committee’s part of their views and estimates to the Before promulgating any final regulation role in making determinations of levels for Budget Committees. with a cost of more than $100 million annu- the purposes of enforcing these points of The Committee is concerned about the po- ally to State, local, tribal governments, and order. In practice, the Senate Budget Com- tential workload that such studies could im- the private sector. mittee’s staff monitors legislation, works pose on CBO and how this might affect CBO’s Section 203. Assistance to the Congressional with the Parliamentarian’s office to deter- other responsibilities under the Act and in- Budget Office mine violations, and works with CBO to pro- tends that CBO consult with the Committee This section requires the Director of the vide the Parliamentarian’s office with esti- on the nature, the extent, and the cost of mates to determine whether legislation Office of Management and Budget to collect conducting these studies. the written statements prepared by agencies would violate the Budget Act. Section 104. Authorization of appropriations S. 1 would establish an identical process under Section 202 and submit them on a for state and local estimates. CBO would This paragraph authorizes appropriations timely basis to CBO. OMB and CBO already produce costs estimates on legislation. To for CBO of $4,500,000 per year for FY 1996 work closely regarding the Federal budget. the extent legislation, such as an amend- through 2002. The Committee recognizes that This section will assist the CBO in perform- ment, did not have a cost estimate, Budget additional resources and personnel are needing its duties under Title I. Committee staff would seek such an esti- ed for CBO to fully perform its duties under Section 204. Pilot program on small government mate from CBO, in order to determine this Act along with continuing to carry out flexibility its current responsibilities. The Committee whether the bill violated S. 1’s point of This section requires OMB to establish order. understands that the current policy and practice at CBO is to rely on in-house per- pilot programs in at least two agencies on While there is 20 years of history and expe- regulatory flexibility. rience with the Budget Committee’s role in sonnel to conduct studies and cost estimates, Title III—Baseline Study determining levels for the purposes of en- rather than contracting these duties to out- forcement of Budget Act point of order, side entities. The Committee supports this Section 301. Baseline study of costs and benefits there appears to be a precedent, as envi- policy and urges the Appropriations Commit- tee, in funding this authorization, to in- This section establishes a Commission on sioned in S. 1 as introduced, to provide the Unfunded Federal Mandates. Senate Governmental Affairs Committee the crease CBO’s authority to hire additional Section 302. Report on unfunded Federal authority to make ‘‘final determinations’’ on personnel in order to fulfill its new duties mandates by the Commission what constitutes a mandate. This provision under this Act. also raises a possibility where the two com- The Committee is particularly concerned This section requires the Commission to mittees would have conflicting opinions on that if the Appropriations Committee does issue a preliminary report within 9 months the application of this new point of order and not provide sufficient funding for these new of enactment and a final report within 3 needlessly complicates the enforcement of S. duties CBO’s existing responsibilities under months thereafter. Title II of the Budget Act should not be im- 1. Section 303. Membership Viewing the questions and problems this peded. Section 105. Exercise of rulemaking powers This section provides that the Commission language creates and the fact that the Budg- shall be composed of 9 members and estab- et Committee relies on CBO estimates for The Constitution already reserves the rule- lishes the requirements for their appoint- the purposes of making these determina- making powers of each House. This section ment. tions, the Committee amendment struck the provides that the terms of title I are enacted language regarding Budget Committees and as an exercise of the rulemaking power of Section 304. Director and staff of commission; Governmental Affairs Committees deter- the Senate and the House of Representatives, experts and consultants minations. The Committee does not believe and that either house may change such rules This section provides for the appointment that this authority needs to be explicitly at any time. of the staff and Director of the Commission. January 11, 1995 CONGRESSIONAL RECORD — SENATE S 787 Section 305. Powers of commission comply with agency and CBO requests for in- and would prepare studies on proposed man- This section provides the Commission with formation, they are not bound to. dates. S. 1 would authorize the appropriation the authority to hold hearings, obtain offi- VI. CBO COST ESTIMATE of $4.5 million to CBO for each of the fiscal years 1996–2002 to carry out the new require- cial data, use the U.S. mails, acquire admin- U.S. CONGRESS, ments. These requirements would take effect istrative support services from the General CONGRESSIONAL BUDGET OFFICE, Services Administration, and contract, sub- Washington, DC, January 9, 1995. on January 1, 1996, and would be permanent. S. 1 would amend Senate rules to establish ject to the appropriations, for property and Hon. PETE V. DOMENICI, services. Chairman, Committee on the Budget, U.S. Sen- a point of order against any bill or joint res- Section 306. Termination ate, Washington, DC. olution reported by an authorizing committee that lacks the necessary CBO statement This section provides that the Commission DEAR MR. CHAIRMAN: The Congressional or that results in direct costs (as defined in shall terminate 90 days after submitting its Budget Office has prepared the enclosed cost the bill) of $50 million or more in a year to final report. estimate for S. 1, the Unfunded Mandate Re- State, local, and tribal governments. The Section 307. Authorization of appropriations form Act of 1995. Enactment of S. 1 would not affect direct legislation would be in order if it provided This section authorizes the appropriations spending or receipts. Therefore, pay-as-you- funding to cover the direct costs incurred by to Commission of $1 million. go procedures would not apply to the bill. such governments, or if it included an au- Section 308. Definition If you wish further details on this esti- thorization of appropriations and identified This section defines the term ‘‘unfunded mate, we will be pleased to provide them. the minimum amount that must be appro- Federal mandate’’, as used in title III. Sincerely, priated in order for the mandate to be effective, the specific bill that would provide the Section 309. Effective Date ROBERT D. REISCHAUER. Enclosure. appropriation, and a federal agency respon- This section provides that Title III takes sible for implementing the mandate. CONGRESSIONAL BUDGET OFFICE COST effect 60 days after the date of enactment. Finally, S. 1 would require executive ESTIMATE, JANUARY 9, 1995 Title IV—Judicial Review branch agencies to take actions to ensure Section 401. Judicial review 1. Bill number: S. 1. that State, local, and tribal concerns are 2. Bill title: Unfunded Mandate Reform Act fully considered in the process of promulgat- This section provides that nothing under of 1995. the Act shall be subject to judicial review. ing regulations. These actions would include 3. Bill status: As ordered reported by the the preparation of estimates of the antici- V. REGULATORY IMPACT STATEMENT Senate Committee on the Budget on January pated costs of regulations to States, local- Paragraph 11(b) of Rule XXVI of the Stand- 9, 1995. ities, and Indian tribes, along with an assessing Rules of the Senate requires Committee 4. Bill purpose: S. 1 would require authoriz- ment of the anticipated benefits. In addition, reports to evaluate the legislation’s regu- ing committees in the House and Senate to the bill would authorize the appropriation of latory, paperwork, and privacy impact on in- include in their reports on legislation a de- $1 million, to be spent over fiscal years 1995 dividuals, businesses, and consumers. scription and an estimate of the cost of any and 1996, for a temporary Commission on Un- S. 1 addresses Federal government process, Federal mandates in that legislation, along funded Federal Mandates, which would rec- not output. It will directly affect and change with an assessment of their anticipated ben- ommend ways to reconcile, terminate, sus- both the legislative and regulatory process. efits. Mandates are defined to include provi- pend, consolidate, or simplify federal man- It will not have a direct regulatory impact sions that impose duties on States, local- dates. on individuals, consumers, and businesses as ities, or Indian tribes (‘‘intergovernmental 5. Estimated cost to the Federal Govern- these groups are not covered by the bill’s re- mandates’’) or on the private sector (‘‘pri- ment: quirements. vate sector mandates’’). Mandates also would [By fiscal year, in millions of dollars] However, the implementation of S. 1 will include provisions that reduce or eliminate likely have an indirect regulatory impact on any authorization of appropriations to assist 1995 1996 1997 1998 1999 2000 these groups since a primary focus of the bill State, local, and tribal governments or the is to ensure that Congress assess the cost im- private sector in complying with Federal re- Congressional Budget Office pact of new legislation on the private sector quirements, unless the requirements are cor- Authorization of appropriations ...... 4.5 4.5 4.5 4.5 4.5 Estimated outlays ...... 4.0 4.4 4.4 4.4 4.4 before acting. In so much as information on respondingly reduced. In addition, intergov- Commission on unfunded private sector costs of any particular bill or ernmental mandates would include changes Federal Mandates resolution may influence its outcome during in the conditions governing certain types of Authorization of appropriations 1.0 ...... the Congressional debate, it is possible that entitlement programs (for example, Medic- Estimated outlays ...... 0.4 0.6 ...... Bill total: this bill may ease the regulatory impact on aid). Conditions of Federal assistance and Authorization of appropriations 1.0 5.5 4.5 4.5 4.5 4.5 the private sector—both on individual pieces duties arising from participation in most Estimated outlays ...... 0.4 4.6 4.4 4.4 4.4 4.4 of legislation as well as overall. However, it voluntary Federal programs would not be is impossible at this time to determine with considered mandates. The costs of this bill fall within budget any specificity what that level of regulatory Committee reports would have to provide function 800. relief may be. information on the amount of Federal finan- Basis of Estimate—CBO assumes that the S. 1 does address the Federal regulatory cial assistance that would be available to specific amounts authorized will be appro- process in three ways: carry out any intergovernmental mandates priated and that spending will occur at his- (1) It requires agencies to estimate the in the legislation. In addition, committees torical rates. costs to State, local and tribal governments would have to note whether the legislation We estimate that executive branch agen- of complying with major regulations that in- preempts any State or local laws. The re- cies would incur no significant additional clude Federal intergovernmental mandates; quirements of the bill would not apply to costs in carrying out their responsibilities (2) It compels agencies to set up a process to provisions that enforce the constitutional associated with the promulgation of regula- permit State, local and tribal officials to rights of individuals, that are necessary for tions because most of these tasks are already provide input into the development of sig- national security, or that meet certain other required by Executive Orders 12875 and 12866. nificant regulatory proposals; and (3) It re- conditions. 6. Comparison with spending under current quires agencies to establish plans for out- The Congressional Budget Office (CBO) law: S. 1 would authorize additional appro- reach to small governments. would be required to provide committees priations of $4.5 million a year for the Con- However, with the exception of the third with estimates of the direct cost of mandates gressional Budget Office beginning in 1996. provision, the bill will not impose new rein reported legislation other than appropria- CBO’s 1995 appropriation is $23.2 million. If quirements for agencies to implement in the tion bills. Specific estimates would be re- funding for current activities were to remain regulatory process that are not already required for intergovernmental mandates cost- unchanged in 1996, and if the full additional quired under Executive Orders 12866 and ing $50 million or more and, if feasible, for amount authorized were appropriated, CBO’s 12875. The bill merely codifies the major pro- private sector mandates costing $200 million 1996 appropriation would total $27.7 million, visions of the E.O.s that pertain to smaller or more in a particular year. (CBO currently an increase of 19 percent. governments. prepares estimates of costs to States and lo- Because S. 1 would create the Commission The legislation will have no impact on the calities of reported bills, but does not project on Unfunded Federal Mandates, there is no privacy of individuals. Nor will it add addi- costs imposed on Indian tribes or the private funding under current law for the commis- tional paperwork burdens to businesses, con- sector.) In addition, CBO would probably be sion. sumers and individuals. To the extent that asked to assist the Budget Committees by 7. Pay-as-you-go considerations: None. CBO and Federal agencies will need to col- preparing estimates for amendments and at 8. Estimated cost to State and local gov- lect more data and information from State, later stages of a bill’s consideration. Also, at ernments: None. local and tribal governments and the private times other than when a bill is re- 9. Estimate comparison: None. sector, as they conduct their requisite legis- ported,when requested by Congressional 10. Previous CBO estimate: None. lative and regulatory cost estimates, it is committees, CBO would analyze proposed 10. Estimate prepared by: James Hearn. possible that those entities will face addi- legislation likely to have a significant budg- 11. Estimate approved by: Paul Van de tional paperwork. However, although smaller etary or financial impact on State, local, or Water, Assistant Director for Budget Analy- governments are certainly encouraged to tribal governments or on the private sector, sis. S 788 CONGRESSIONAL RECORD — SENATE January 11, 1995

VII. ROLL CALL VOTES IN COMMITTEE ments without providing money to pay for They had certain rules laid out for us. We Pursuant to paragraph 7 of rule XXVI of them. I oppose placing unreasonably fiscal were to all get in our cars and go to a county the Standing Rules of the Senate, each com- demands on states and localities. to the north which was dubbed the ‘‘host’’ mittee is to announce the results of roll call I am pleased that S. 1 includes provision to county. It was like a party . . . with the votes taken in any meeting of the committee study the disproportionate impact mandates Marin County guests and the Sonoma Coun- on any measure or amendment. The Senate may have on rural communities. Last year, ty hosts. We were instructed by the feds to Budget Committee met on Monday, January during the Government Affairs Committee’s make sure we had cash as we all would have 9, 1995, at 2 pm to markup S. 1. The following consideration of S. 993, the unfunded man- to get gasoline for our cars because the at- roll call votes occurred on S. 1 and amend- dates bill of the 103rd Congress, Susan Ritter tendants at the gas stations would be quite ments proposed thereto: of North Dakota, testified that one half of busy. (1) The Boxer amendment to sunset S. 1 on the annual budget of Sherwood, ND, is spent I am happy to report that the Marin Board January 1, 1998. The amendment was not to test their water supply. In April 1994, the of Supervisors, a bi-partisan board at the agreed to: 9 yeas, 12 nays. Minot Daily News reported that each resi- time, chose to give all the planning monies Yeas: Mr. Exon; Mr. Hollings (P); Mr. Lau- dent of Mohall, ND, population 931, would back to Uncle Sam rather than give our con- tenberg (P); Mr. Simon; Mr. Conrad; Mr. need to contribute to a water testing bill of stituents the false hope that they could sur- Dodd; Mr. Sarbanes (P); Mrs. Boxer; Mrs. $2,400 for the year. The Minot Daily News vive an all-out nuclear war. Murray. further stated that the water testing budget With regard to S. 1, I think the goal of this Nays: Mr. Domenici; Mr. Grassley (P); Mr. for Minot, ND, was $3,300 five years ago, but bill makes a lot of sense. If a federal man- Nickles (P); Mr. Gramm (P); Mr. Bond (P); had since risen to $26,100. These numbers il- date places an undue financial burden on Mr. Lott (P); Mr. Brown; Mr. Gorton; Mr. lustrate the difficulties local governments state and local governments, then Congress Gregg; Ms. Snowe; Mr. Abraham; Mr. Frist. face in meeting their budgets in the face of should recognize and address the problem. (2) The Boxer amendment to sunset S. 1 on federal mandates. There should be exceptions to this rule, how- January 1, 2000. The amendment was not The federal government must do a better ever, and S. 1 deals with areas which are of agreed to: 9 yeas, 12 nays. job of listening to local governments when vital importance to the nation that should Yeas: Mr. Exon; Mr. Hollings (P); Mr. Lau- developing laws and regulations. It is impor- be protected from the provisions of this bill. tenberg (P); Mr. Simon; Mr. Conrad; Mr. tant for Congress to consider the actual im- S. 1 currently shields bills and federal rules Dodd; Mr. Sarbanes (P); Mrs. Boxer; Mrs. pact that federal legislation can have on that help secure our constitutional rights, Murray. state and local governments, as well as the prevent discrimination, ensure national se- Nays: Mr. Domenici; Mr. Grassley (P); Mr. private sector. It is always essential to curity, and implement international agree- Nickles (P); Mr. Gramm (P); Mr. Bond (P); weigh costs and benefits of legislation when ments such as NAFTA from its require- Mr. Lott (P); Mr. Brown; Mr. Gorton; Mr. enacting new laws. ments. In my view, unfortunately, two other Gregg; Ms. Snowe; Mr. Abraham; Mr. Frist. I am proud to be a cosponsor of S. 1, how- areas of nation-wide importance have been (3) The Boxer amendment to sunset S. 1 on ever I do recognize there are some areas of overlooked. January 1, 2002. The amendment was not the legislation which can be fine-tuned. For I am deeply concerned that bill fails to agreed to: 9 yeas, 12 nays. example, S. 1 amends provisions of the Con- adequately ensure our ability to protect the Yeas: Mr. Exon; Mr. Hollings (P); Mr. Lau- gressional Budget Act of 1974. Attempts to most vulnerable members of our society; our tenberg (P); Mr. Simon; Mr. Conrad; Mr. amend, or improve, provisions of S. 1, which children, our pregnant women, and our elder- Dodd; Mr. Sarbanes (P); Mrs. Boxer; Mrs. are incorporated into the Budget Act, will be ly. Why should we deny our children, preg- Murray. subject to a super-majority point of order nant women, and elderly the same protec- Nays: Mr. Domenici; Mr. Grassley (P); Mr. under the Budget Act. Also, we cannot be tions? I am prepared to offer an amendment Nickles (P); Mr. Gramm (P); Mr. Bond (P); one hundred percent sure how this legisla- to add legislation involving children and oth- Mr. Lott (P); Mr. Brown; Mr. Gorton; Mr. tion will work; it may be too weak or it may ers to the list of S. exemptions. It will sim- Gregg; Ms. Snowe; Mr. Abraham; Mr. Frist. be too restrictive. It is for these two reasons ply provide that any bill which ‘‘provides for (4) Motion to report S. 1, as amended. The that I support including a sunset date for S. the protection of the health of children, motion was adopted: 21 yeas, 0 nays. 1. pregnant women, or the elderly’’ would not Yeas: Mr. Domenici; Mr. Grassley (P); Mr. It is also my hope that my colleagues in be subject to S. 1’s point of order and other Nickles (P); Mr. Gramm (P); Mr. Bond (P); the Senate will join me in a colloquy during requirements. Mr. Lott (P); Mr. Brown; Mr. Gorton; Mr. consideration of this bill, so that questions I am also concerned that S. 1 fails to dis- Gregg; Ms. Snowe; Mr. Abraham; Mr. Frist; regarding application to reauthorization tinguished between mandates that affect Mr. Exon; Mr. Hollings (P); Mr. Lautenberg bills, the competitive balance between local state and local governments as ‘‘employers’’ (P); Mr. Simon; Mr. Conrad; Mr. Dodd; Mr. governments and the private sector, a sunset and state and local governments as ‘‘govern- Sarbanes (P); Mrs. Boxer; Mrs. Murray. provision, and exclusions with S. 1 are thor- ments.’’ I plan to offer an amendment on the Nays: 0. oughly discussed. Given the fast pace with floor that will add labor standards to the list (5) Motion that the committee report S. 1 which S. 1 is moving, it is only appropriate of mandates exempted from S. 1’s require- without filing a written report. The motion that all aspects of S. 1 are addressed to re- ments. was agreed to: 12 years, 9 nays. move concern. I am also disappointed that the bill fails to Yeas: Mr. Domenici; Mr. Grassley (P); Mr. I am greatly pleased to see this important directly address one of the biggest unfunded Nickles (P); Mr. Gramm (P); Mr. Bond (P); issue before the Budget Committee and it is federal mandates faced by California: the Mr. Lott (P); Mr. Brown; Mr. Gorton; Mr. my hope that a fair and comprehensive bill costs imposed by illegal immigration. I Gregg; Ms. Snowe; Mr. Abraham; Mr. Frist. regarding this issue is favorably considered therefore plan to offer an amendment on the Nays: Mr. Exon; Mr. Hollings (P); Mr. Lau- by the Senate. floor to ensure that the costs to states and tenberg (P); Mr. Simon; Mr. Conrad (P); Mr. local governments from illegal immigration ADDITIONAL MINORITY VIEWS OF SENATOR Dodd; Mr. Sarbanes (P); Mrs. Boxer; Mrs. be addressed in the bill. BOXER ON S. 1, THE UNFUNDED MANDATES RE- Murray. One point of concern was particularly over- FORM ACT (P) indicates a vote by proxy. looked and I offered an amendment in the My first elected office in California was in Committee markup to address this area. The VIII. VIEWS OF MEMBERS OF COMMITTEE 1976 when I won a seat on the Marin County amendment which I offered with the support MEMBERS Board of Supervisors. In that capacity I en- of the ranking member would have added a ADDITIONAL VIEWS OF SENATOR CONRAD countered laws passed by the state govern- provision to sunset S. 1 in 1998. Since the en- With the consideration, of S. 1, Congress is ment and the federal government that im- forcement mechanisms of the Budget Act taking a big step in addressing the continu- pacted on our governance. Some of these will expire in 1998, I believe that it is only ing issue of unfunded federal mandates upon were very good laws, paid for in whole or in reasonable to revisit the unfunded mandates state, local, and tribal governments, as well part, and some of these were bad laws which issue at the same time that we revisit the as mandates upon those in the private sec- made no sense. whole budget process to ensure that it is tor. The example that stands out in my mind working as it should. Some federal mandates serve important was a law which came down from the federal However, the Committee rejected this purposes and have helped to accomplish government and was tied to our receipt of amendment, along with two additional safer, better lives for all Americans. These emergency planning monies. This law re- amendments to sunset the bill in 2000 and mandates have ensured our health and safety quired our Board of Supervisors to plan for 2002, respectively, by a party line vote. This with regard to things like radiation contami- the orderly exit from the country of all our deeply upsets me. How will we know whether nation, hazardous waste, and other health citizens in the case of nuclear war with the the whole new process will work? S. 1 may and safety concerns. Soviet Union. It was very clear to public simply not work. It is crucial that we set a However, unfunded mandates have grown health and law enforcement people as well as reasonable time to revisit the bill and make in recent years and have, at times, become all other residents of the county that there any improvements—either strengthening or unrealistic and overly oppressive. As the fed- was no way a county so close to a targeted weakening—that our experience with it will eral government tried to cut spending and Soviet site in San Francisco could survive in have shown to be necessary. reduce the federal budget deficit, it passed any condition worth living under. Yet, that I do hope that this bill will truly meet its responsibilities onto state and local govern- never stopped the federal bureaucracy then. very fair goal of reimbursing the states and January 11, 1995 CONGRESSIONAL RECORD — SENATE S 789 local governments for laws that we pass. poses; to the Committee on Banking, Hous- poses; to the Committee on Environment and However, I will reserve judgment on final ing, and Urban Affairs. Public Works. passage of the bill until the amendment By Mr. CAMPBELL: By Mrs. BOXER: process has been completed. S. 193. A bill to establish a forage fee for- S. 205. A bill to amend title 37, United Unrelated to the bill, but very timely, I mula on lands under the jurisdiction of the States Code, to revise and expand the prohi- plan to offer a Sense of Senate Resolution Department of Agriculture and the Depart- bition on accrual of pay and allowances by that the campaign of violence against wom- ment of the Interior; to the Committee on members of the Armed Forces who are con- en’s health clinics must end. My amendment Energy and Natural Resources. fined pending dishonorable discharge; to the calls on the Attorney General to take all By Mr. MCCAIN (for himself, Mr. HOL- Committee on Armed Services. necessary steps to protect reproductive LINGS, Mr. CRAIG, Mr. HATCH, Mr. By Mr. MCCAIN (for himself and Mr. health clinics and their staff. I know all of HELMS, Mr. ROBB, Mr. MCCONNELL, KOHL): my colleagues share my views that this vio- Mr. COATS, and Mr. COVERDELL): S. 206. A bill to give the President line- lence is deplorable. S. 194. A bill to repeal the Medicare and item veto authority over appropriation Acts U.S. SENATE, Medicaid Coverage Data Bank, and for other and targeted tax benefits in revenue Acts; to COMMITTEE ON THE BUDGET, purposes; to the Committee on Finance. the Committee on the Budget and the Com- Washington, DC, November 29, 1994. By Mr. MURKOWSKI: mittee on Governmental Affairs, jointly, Hon. WILLIAM V. ROTH, Jr., S. 195. A bill to amend section 257(e) of the pursuant to the order of August 4, 1977, with Hon. JOHN GLENN, Balanced Budget and Emergency Deficit instructions that if one Committee reports, Committee on Governmental Affairs, U.S. Sen- Control Act of 1985 to modify the treatment the other Committee have thirty days to re- ate, Washington, DC of losses from asset sales; to the Committee port or be discharged. DEAR BILL AND JOHN: We expect the Senate on the Budget and the Committee on Gov- By Mr. MACK (for himself, Mrs. to consider legislation early in the session ernmental Affairs, jointly, pursuant to the HUTCHISON, and Mr. LOTT): regarding Federal mandates on State and order of August 4, 1977, with instructions S. 207. A bill to provide a fair, nonpolitical local governments and the private sector. We that if one Committee reports, the other process that will achieve $41,000,000,000 in may initiate such legislation in the Budget Committee have thirty days to report or be budget outlay reductions each fiscal year Committee and we want to work with you to discharged. until a balanced budget is reached; to the assure that any state, local, or private sector By Mr. MCCAIN: Committee on the Budget and the Commit- mandate legislation moves quickly and is a S. 196. A bill to establish certain environ- tee on Governmental Affairs, jointly. constructive improvement to the congres- mental protection procedures within the By Mr. DASCHLE (for himself and Mr. sional budget process. area comprising the border region between EXON): Such legislation raised budget and eco- the United States and Mexico, and for other S. 208. A bill to require that any proposed nomic issues that the Budget Committee purposes; to the Committee on Foreign Rela- amendment to the Constitution of the Unit- must confront in writing a federal budget tions. ed States to require a balanced budget estab- each year. Moreover, most versions of this By Mr. BUMPERS: lish procedures to ensure enforcement before legislation contain a significant expansion in S. 197. A bill to establish the Carl Garner the amendment is submitted to the States; the Congressional Budget Office’s respon- Federal Lands Cleanup Day, and for other to the Committee on the Budget and the sibilities. In the past, our committees have purposes; to the Committee on Energy and Committee on Governmental Affairs, jointly, worked jointly on such legislation. In 1981, Natural Resources. pursuant to the order of August 4, 1977, with our two committees both reported legisla- By Mr. CHAFEE (for himself, Mrs. instructions that if one Committee reports, tion that led to the enactment of the State FEINSTEIN, Mrs. HUTCHISON, Mr. the other Committee have thirty days to re- and Local Government Cost Estimate Act. KOHL, Mr. DORGAN, and Mr. CONRAD): port or be discharged. Some versions of this legislation may be S. 198. A bill to amend title XVIII of the By Mr. SIMON: referred to the Budget Committee under the Social Security Act to permit medicare se- S.J. Res. 15. A joint resolution proposing standing order governing referral of budget- lect policies to be offered in all States, and an amendment to the Constitution of the related legislation. If the Budget Committee for other purposes; to the Committee on Fi- United States to allow the President to re- does not report such legislation and it in- nance. duce or disapprove items of appropriations; cludes provisions affecting the Congressional By Mr. KYL (for himself and Mr. to the Committee on the Judiciary. Budget Office or the congressional budget MCCAIN): f process, such legislation could be in jeopardy S. 199. A bill to repeal certain provisions of law relating to trading with Indians; to the under section 306 of the Budget Act. SUBMISSION OF CONCURRENT AND We want to work with you to assure such Committee on Indian Affairs. legislation is considered expeditiously. By Mr. BRADLEY (for himself, Mr. SENATE RESOLUTIONS Should you have any questions, please to do KOHL, and Mr. SIMON): The following concurrent resolutions no hesitate to contact us or our staff (Bill S. 200. A bill to amend title 18, United States Code, to regulate the manufacture, and Senate resolutions were read, and Hoagland at 4–0539 and Bill Dauster at 4– referred (or acted upon), as indicated: 3961). importation, and sale of any projectile that Sincerely, may be used in handgun and is capable of By Mr. HATFIELD: penetrating police body armor; to the Com- S. Res. 38. An original resolution authoriz- JAMES EXON. mittee on the Judiciary. ing expenditures by the Committee on Ap- PETE V. DOMENICI. By Mr. WARNER (for himself and Mr. propriations; from the Committee on Appro- f ROBB): priations; to the Committee on Rules and S. 201. A bill to close the Lorton Correc- Administration. INTRODUCTION OF BILLS AND tional Complex, to prohibit the incarcer- By Mr. MURKOWSKI: JOINT RESOLUTIONS ation of individuals convicted of felonies S. Res. 39. An original resolution authoriz- The following bills and joint resolu- under the laws of the District of Columbia in ing expenditures by the Committee on En- tions were introduced, read the first facilities of the District of Columbia Depart- ergy and Natural Resources; from the Com- ment of Corrections, and for other purposes; mittee on Energy and Natural Resources; to and second time by unanimous con- to the Committee on the Judiciary. the Committee on Rules and Administration. sent, and referred as indicated: By Mr. MACK (for himself, Mrs. By Mr. MCCAIN: By Mrs. HUTCHISON (for herself, Mr. HUTCHISON, Mr. COVERDELL, and Mr. S. Res. 40. An original resolution authoriz- LOTT, Mr. GRAMM, Mr. GRASSLEY, and LOTT): ing expenditures by the Committee on Indian Mr. NICKLES): S. 202. A bill to provide a fair, nonpolitical Affairs; from the Committee on Indian Af- S. 191. A bill to amend the Endangered Spe- process that will achieve $41,000,000,000 in fairs; to the Committee on Rules and Admin- cies Act of 1973 to ensure that constitu- budget outlay reductions each fiscal year istration. tionally protected private property rights until a balanced budget is reached; to the By Mr. HELMS: are not infringed until adequate protection Committee on Governmental Affairs. S. Res. 41. An original resolution authoriz- is afforded by reauthorization of the Act, to By Mr. KENNEDY (for himself and Mr. ing expenditures by the Committee on For- protect against economic losses from critical WELLSTONE): eign Relations; from the Committee on For- habitat designation, and for other purposes; S. 203. A bill to amend the Fair Labor eign Relations; to the Committee on Rules to the Committee on Environment and Pub- Standards Act of 1938 to increase the Federal and Administration. lic Works. minimum wage, to establish a Commission By Mr. DASCHLE: By Mr. FEINGOLD (for himself and Mr. to conduct a study on the indexation of the S. Res. 42. A resolution to make minority KOHL): Federal minimum wage, and for other pur- party appointments to a Senate committee S. 192. A bill to prohibit the use of certain poses; to the Committee on Labor and under paragraph 3(c) of rule XXV for the assistance provided under the Housing and Human Resources. 104th Congress; considered and agreed to. Community Development Act of 1974 to en- By Mr. MOYNIHAN: By Mr. SPECTER: courage plant closings and the resultant re- S. 204. A bill to provide for a reform of the S. Res. 43. An original resolution authoriz- location of employment, and for other pur- public buildings program, and for other pur- ing expenditures by the Select Committee on S 790 CONGRESSIONAL RECORD — SENATE January 11, 1995 Intelligence; from the Select Committee on Recent reports about the U.S. Fish and Wildlife Service before taking ac- Intelligence; to the Committee on Rules and and Wildlife’s latest Balcones tions, providing permits, or providing Administration. Canyonlands Conservation Plan in Aus- funding that may affect an endangered By Mr. COHEN (for himself and Mr. tin, TX, are discouraging. Yesterday, species. This will prevent the Fish and PRYOR): S. Res. 44. A resolution authorizing ex- the Interior Department proposed that Wildlife Service from further expand- penditures by the Special Committee on owners of single-family lots in Travis ing use of the Endangered Species Act Aging; to the Committee on Rules and Ad- County that were subdivided before the to deny FHA or VA mortgages, crop in- ministration. golden-cheek warbler was listed as an surance, crop support payments, farm By Mr. ROTH: endangered species can apply for a per- erosion studies, or SBA loans. To be S. Res. 45. An original resolution authoriz- mit to construct a single family home fair, they have not done this yet; so ing expenditures by the Committee on Gov- for a fee of $1,500. Developers are ex- far, it has only been used on large Gov- ernmental Affairs; from the Committee on pected to pay even more—up to $5,500 ernment projects. But until this year Governmental Affairs; to the Committee on an acre—to build on land that has not Rules and Administration. they had not proposed to designate an been subdivided yet. By Mr. LOTT (for Mr. DOLE): area larger than the State of Rhode Is- S. Res. 46. A resolution making majority The permit fees, plus $10 million from land as critical habitat. But they did it party appointments to the Ethics Committee Travis County, would be used to add to last year in Texas. for the 104th Congress; considered and agreed the 21,000 acres in existing wildlife ref- Property owners should not have to to. uges. Well, the Travis County residents fight the Government to build a new S. Res. 47. A resolution designating the have voted against spending more Chairpersons of Senate committees for the home on their land. They should not money on refuges, in 1993 and the Trav- have to hire lawyers to tell what their 104th Congress; considered and agreed to. is County officials were blindsided. rights are or convince bureaucrats that f They were not even consulted about their farming is in compliance with this proposal to spend $10 million of STATEMENTS ON INTRODUCED regulations. Farmers in my State Travis County’s money, when the peo- BILLS AND JOINT RESOLUTIONS should not live in fear of being treated ple have just voted not to put any more like the farmer in California who was By Mrs. HUTCHISON (for herself, money into wildlife refuges. Mr. LOTT, Mr. GRAMM, Mr. Rather than assuring fair compensa- arrested in a Government raid for al- GRASSLEY, and Mr. NICKLES: tion for private property when there is legedly harming a kangaroo rat while S. 191. A bill to amend the Endan- a Government taking, the Service’s he was plowing his field. This rat is gered Species Act of 1973 to ensure that plan would require landowners to pay designated as an endangered species for constitutionally protected private ransom to the Federal Government— one reason—its feet are a millimeter property rights are not infringed until ransom to the Federal Government— longer than other, similar species. adequate protection is afforded by re- for the privilege of building on a lot There are other alternatives. Instead of authorization of the act, to protect which they have already bought to seizing land and arresting farmers, we against economic losses from critical build a house—perhaps the house they should encourage private landowners habitat designation, and for other pur- have been dreaming of for years. Inte- to protect species and habitat with tax poses; to the Committee on Environ- rior Secretary Bruce Babbitt has stat- incentives, and whenever possible relo- ment and Public Works. ed in the past that he believes private cate threatened species to park lands THE FARM, RANCH, AND HOMESTEAD property is an outmoded concept. The so it does not encroach on the private PROTECTION ACT OF 1995 Fish and Wildlife Service would say, by property rights nor the ability of a Mrs. HUTCHISON. Mr. President, for regulation, that his views are right. farmer or a rancher to feed his or her generations American farmers have This would essentially repeal the fifth family. worked to provide food, clothing, and amendment to our U.S. Constitution. Opponents of compensation for shelter to their families. Farmers and Today, Senators LOTT, GRAMM, takings of property argue the National ranchers in Texas and throughout the GRASSLEY, NICKLES, and I are introduc- Government cannot afford it. That ar- United States have tilled the soil and ing legislation to stop Government gument acknowledges what is cleared the rangeland—and, if they had overreaching until we have had time to happending is in fact unconstitutional. a good year, they might try to put any revise the Endangered Species Act. If we want to protect the critical habi- money left over back into the land to Congressman LAMAR SMITH is introduc- tat of endangered species, we have to buy more property. ing a companion bill in the House. pay for it. James Madison, in the Fed- This land is their wealth—their prop- My bill puts a moratorium on the eralist Papers, made it clear that the erty, which our Government was listing of new endangered and threat- purpose of government is to protect formed to protect, just as it protects ened species until reauthorization. private property. He said, ‘‘government our homes from burglary and our Right now the Fish and Wildlife Serv- is instituted no less for protection of money in banks from theft. ice is proposing to list a species in the property than of the persons of individ- Our founding fathers acknowledged panhandle of Texas—the Arkansas uals.’’ that private property rights were im- River shiner—that is used for fish bait. If opponents of compensation are portant. They fought foreign rulers to Water is scarce in the panhandle; we truly opposed to this principle, they protect it. The Bill of Rights, drafted cannot afford to give fish bait more have a remedy. They can propose an after that struggle, says that private protection than people. But once the amendment to the Constitution. But property shall not be taken for public shiner is designated, it will have more until they do and until it is passed, use, without just compensation. But, right to the water than the panhandle these acts are unconstitutional. We are through overly zealous environmental farmers and ranchers and the people of sworn to uphold the Constitution. Mr. enforcement, this constitutional pro- Amarillo, TX. The people have to have President, we must do it. The actions tection is being watered down. a voice. on this bill will provide the means to Last year, the U.S. Fish and Wildlife The bill also puts a moratorium on do it. Service, which enforces the Endangered the designation of critical habitat so We need to make the real effect of Species Act, proposed that up to 800,000 that property owners will not lose con- the Endangered Species Act clear to acres from 33 Texas counties be des- trol of their land. Designating critical the rulemakers in Washington. Many ignated as critical habitat for the gold- habitat puts unjust limits on the use, of them have not even set foot on a en-cheeked warbler. This action held market value, and transferability of farm since their third grade class field up land transfers, construction, home property. The stigma of critical habi- trip. It is no wonder that so many of and business lending. With about 300 tat should not be imposed by a govern- our people spoke in November that ‘‘we species in Texas being considered for ment that claims to protect property cannot take the Government harass- listing as endangered or threatened, in- as a constitutional right. ment.’’ It is no longer about protecting cluding 8 flies and 12 beetles, land- Finally, the bill puts a moratorium our treasured natural resources from owners in my State may face a very on the requirement that all govern- harm. It is about Government taking grave problem again soon. ment agencies consult with the Fish control of people’s land. We must put a January 11, 1995 CONGRESSIONAL RECORD — SENATE S 791 stop to it, until we have the oppor- isting businesses. But it is simply (b) PROHIBITION OF USE OF ASSISTANCE TO tunity to give the Fish and Wildlife wrong to use Federal dollars to help ENCOURAGE PLANT CLOSINGS AND RESULTANT Service a new direction. one community raid jobs from another RELOCATION OF EMPLOYMENT.— That is something I hope this Senate State. There is no way to justify to the ‘‘(1) IN GENERAL.—Notwithstanding any other provision of law, no amount from a will do very quickly before untold dam- taxpayers in my State that they are grant made under section 106 shall be used age is done, like what is happening sending their money to Washington to for any activity that is intended or is likely right now in Austin, TX. be distributed to other States to be to— used to attract jobs out of our State, ‘‘(A) facilitate the closing of an industrial By Mr. FEINGOLD (for himself leaving behind communities whose eco- or commercial plant or the substantial re- and Mr. KOHL): nomic stability has been destroyed. duction of operations of a plant; and S. 192. A bill to prohibit the use of Thousands of people whose jobs are di- ‘‘(B) result in the relocation or expansion certain assistance provided under the rectly, or indirectly lost as a result of of a plant from one area to another area. ‘‘(2) NOTICE.—The Secretary shall, by no- Housing and Community Development the transfer of these jobs out of our Act of 1974 to encourage plant closings tice published in the Federal Register, estab- State are justifiably outraged by this lish such requirements as may be necessary and the resultant relocation of employ- misuse of funds. to implement this subsection. Such notice ment, and for other purposes; to the Mr. President, this legislation is very shall be published as a proposed regulation Committee on Banking, Housing, and similar to a provision of the Housing and take effect upon publication. The Sec- Urban Affairs. and Community Development Act of retary shall issue final regulations, taking THE PROHIBITION OF INCENTIVES FOR 1974, which prohibited urban develop- into account public comments received by RELOCATION ACT OF 1995 ment action grants [UDAG] from being the Secretary.’’. (b) SPECIAL PURPOSE GRANTS.—Secton 107 ∑ Mr. FEINGOLD. Mr. President, I in- used for projects intended to move jobs troduce with my colleague from Wis- of the Housing and Community Development from one community to another. Sec- Act of 1974 (42 U.S.C. 5307) is amended by add- consin, Senator KOHL, a bill designed tion 5318(h) of Title 42 of the United ing at the end the following new subsection: to proscribe the use of community de- States Code prohibits the use of UDAG ‘‘(g) PROHIBITION OF USE OF ASSISTANCE TO velopment block grant, and other HUD if the funds are, ‘‘intended to facilitate ENCOURAGE PLANT CLOSINGS AND RESULTANT funds for assisting businesses in mov- the relocation of industrial or commer- RELOCATION OF EMPLOYMENT.— ing jobs from one State to another. cial plants or facilities from one area ‘‘(1) IN GENERAL.—Notwithstanding any This measure is similar to a bill I in- to another,’’ unless it is determined other provision of law, no amount from a grant made under this section shall be used troduced in the 103d Congress, the Pro- that the relocation does not signifi- hibition of Incentives for Relocation for any activity that is intended or is likely cantly and adversely affect the unem- to— Act of 1994, and is based upon legisla- ployment or economic base of the area ‘‘(A) facilitate the closing of an industrial tion authored during the 103d Congress from which the industrial or commer- or commercial plant or the substantial re- by U.S. House Representatives, GERRY cial plant or facility is to be relo- duction of operations of a plant; and KLECZKA and TOM BARRETT of Wiscon- cated.’’ Similarly, this legislation pro- ‘‘(B) result in the relocation or expansion sin, which was approved in the House- vides that no assistance through CDBG of a plant from one area to another area. passed HUD reauthorization legisla- and other related HUD programs shall ‘‘(2) NOTICE.—The Secretary shall, by notice published in the Federal Register, estab- tion, H.R. 3838. be used for any activity that is in- Mr. President, the importance of this lish such requirements as may be necessary tended, or is likely to facilitate the to implement this subsection. Such notice issue remains a critical one to this day closing of an industrial or commercial shall be published as a proposed regulation for Wisconsin’s economic future, as plant, or the substantial reduction of and take effect upon publication. The Sec- well as the future of other States like operations of a plant; and result in the retary shall issue final regulations, taking ours that possess labor intensive indus- relocation or expansion of a plant from into account public comments received by tries. one area to another area. Similar the Secretary.’’. Our concern was generated by an an- antipiracy provisions are included in (c) ECONOMIC DEVELOPMENT GRANTS.—Sec- tion 108(q) of the Housing and Community nouncement made in 1994 by a major SBA programs, Economic Development employer in Wisconsin, Briggs and Development Act of 1974 (42 U.S.C. 5308(q)) is Administration programs and the Eco- amended by adding at the end the following Stratton, that a Milwaukee plant nomic Dislocated Workers Adjustment new paragraph: would be closed, and 2,000 workers Act. ‘‘(5) PROHIBITION OF USE OF ASSISTANCE TO would be permanently displaced. The Mr. President, this is an issue of fun- ENCOURAGE PLANT CLOSINGS AND RESULTANT actual economic impact upon this com- damental fairness, and sound public RELOCATION OF EMPLOYMENT.— munity is even greater since it is esti- policy. Federal funding for economic ‘‘(A) IN GENERAL.—Notwithstanding any mated that 1.24 related jobs will be lost development projects should be di- other provision of law, no amount from a grant made under this subsection shall be for every one of the 2,000 Briggs jobs af- rected toward projects that expand em- fected. The devastating news was used for any activity that is intended or is ployment opportunities and economic likely to— compounded by the subsequent discov- growth, not simply move jobs from one ‘‘(i) facilitate the closing of an industrial ery that many of these jobs were being community to another. This legislation or commercial plant or the substantial re- transferred to plants, which were being is designed to ensure that community duction of operations of a plant; and expanded in two other States, and that development funds are appropriately ‘‘(ii) result in the relocation or expansion Federal community development block used for that purpose. I ask unanimous of a plant from one area to another area. grant [CDBG] funds were being used to consent that the text of this bill be ‘‘(B) NOTICE.—The Secretary shall, by notice published in the Federal Register, estab- facilitate the transfer of these jobs printed in the RECORD. from one State to another. lish such requirements as may be necessary There being no objection, the bill was to implement this paragraph. Such notice This is a totally inappropriate use of ordered to be printed in the RECORD, as shall be published as a proposed regulation Federal funds, which this legislation is follows: and take effect upon publication. The Sec- designed to end. The CDBG Program is S. 192 retary shall issue final regulations, taking designed to foster community and eco- into account public comments received by Be it enacted by the Senate and House of Rep- the Secretary.’’.∑ nomic development; not to help move resentatives of the United States of America in jobs around the country. Obviously, Congress assembled, during a period of permanent economic By Mr. CAMPBELL: SECTION 1. PROHIBITION OF USE OF CERTAIN S. 193. A bill to establish a forage fee restructuring, which results in plant ASSISTANCE TO ENCOURAGE PLANT closing, downsizing of Federal pro- CLOSINGS AND RESULTANT RELO- formula on lands under the jurisdiction grams and defense industry conversion, CATION OF EMPLOYMENT. of the Department of Agriculture and there is tremendous competition be- (a) AUTHORIZATIONS.—Section 103 of the the Department of the Interior; to the tween communities for new plants and House and Community Development Act of Committee on Energy and Natural Re- 1974 (42 U.S.C. 5303) is amended— sources. other business expansions to offset (1) by inserting ‘‘(a)’’ before ‘‘The Sec- other job losses. State and local com- retary’’; and THE FEDERAL FORAGE FEE ACT OF 1995 munities are doing everything they can (2) by adding at the end the following new Mr. CAMPBELL. Mr. President, I am to attract new business and retain ex- subsection: sending legislation to the desk that S 792 CONGRESSIONAL RECORD — SENATE January 11, 1995 changes the way ranchers pay to graze lands, but as business people, they need (10) Forest and Rangeland Renewable Re- their livestock on Federal rangelands. I stability—stability that can only be sources Planning Act of 1974 (16 U.S.C. 1600– introduced this bill last Congress, with provided if a bill passes to lock a high- 1614). 14 of my colleagues including my friend er fee into place. (11) Granger-Thye Act (64 Stat. 82). (12) Independent Offices Appropriations who is across the floor today, the Sen- Many Western Senators believe that Act of 1952 (31 U.S.C. 9701), as amended, title ator from Idaho [Mr. CRAIG]. This bill the issue of grazing fees should be sepa- V. was not acted on but we think it is an rated from management reforms. This (13) Multiple Use Sustained Yield Act of important bill that should be reintro- has been done, but it does not mean 1960 (16 U.S.C. 528–531). duced. that our Government has forgotten (14) National Environmental Policy Act of The formula included in this proposal that a commitment was made 2 years 1969 (42 U.S.C. 4370a), as amended. was developed by several economists ago by the ranching industry to pay (15) National Forest Management Act of who worked at land grant colleges in their fair share. 1976 (16 U.S.C. 1600, 1611–1614). the West. The formula abandons the (16) Public Rangelands Improvement Act of Reintroducing this bill is an attempt 1978 (92 Stat. 1803). old Public Rangelands Improvement to keep our end of the bargain. (17) Taylor Grazing Act (48 Stat. 1269), as Act formula, which has been much ma- Mr. President, I ask unanimous con- amended. ligned, in favor of a formula that sets sent that the text of the bill and addi- (18) Wilderness Act (78 Stat. 890), as amend- a realistic value on the opportunity to tional material be printed in the ed. graze livestock on public lands. It will RECORD. SEC. 3. FEE SCHEDULE. result in a fee that is about 23 percent There being no objection, the mate- (a) For the purpose of this section the higher than the current fee. rial was ordered to be printed in the terms: Having been very active on this issue RECORD, as follows: (1) ‘‘Sixteen Western States’’ means WA, for many years, I know congressional CA, ID, NV, NM, WY, CO, KS, SD, ND, NE, debate about grazing fees has been po- S. 193 OR, OK, AZ, UT and MT. larized. Opponents of the current fee Be it enacted by the Senate and House of Rep- (2) ‘‘AUM’’ means an animal unit month as argue that ranchers do not pay fair resentatives of the United States of America in that term is used in the Public Rangeland Congress assembled, Improvement Act (92 Stat. 1803); market value, while some ranchers That this Act may be cited as the ‘‘Federal (3) ‘‘Authorized Federal AUMs’’ means all would like to maintain the status quo. Forage Fee Act of 1993’’. ‘‘allotted AUMs’’ reported by BLM and ‘‘per- On the other hand, ranchers in many mitted to graze AUMs’’ reported by USFS. cases think the fee should not go up at SECTION 1. FINDINGS. (4) ‘‘WAPLLR’’ means the weighted aver- all. But many of us who have worked (a) FINDINGS.—Congress finds and declares age private land lease rate determined by that— on it believe ranchers are the family multiplying the private land lease rate re- (1) it is in the national interest that the ported by the Economic Research Service for farmers of the West. The establishment public lands are producing and continue to of a fair and equitable grazing fee for- the previous calendar year for each of the produce water and soil conservation benefits, sixteen Western States by the total number mula is still necessary to ensure their livestock forage, wildlife forage and recre- of authorized Federal AUMs, as defined in survival. I also think the rancher is ation and other multiple use opportunities; section 3(a)(3), in each State for the pre- key to the rural Western economy. Not (2) rangelands will continue to be sta- vious, fiscal year, then that result divided by only does this add billions to the Na- bilized and improved long term by providing the total number of authorized Federal tion’s economy, in much of the West, it for cooperative agreements, private, public AUMs for the sixteen western States. These is the single largest source of economic partnerships and flexibility in management individual State results are then added to- programs and agreements; activity and tax revenue. Every West- gether and divided by 16 to yield a weighted (3) to assure sound management and stew- average private land lease rate for that year. ern ranching job creates as many as ardship of the renewable resources it is im- four jobs on Main Street. If those (5) ‘‘Report’’ means the report titled perative to charge a fee that is reasonable ‘‘Grazing Fee Review and Evaluation Update ranchers go under, so will the tractor, and equitable and represents the fair value of of the 1986 Final Report’’ dated April 30, 1992 truck and automobile dealers, the gas, the forage provided; and prepared by the Departments of the Inte- grocery and feed store owners, the vet- (4) the intermingled private-public land rior and Agriculture. erinarians, doctors, and dentists, and ownership patterns prevailing in much of the (6) ‘‘Nonfee cost differential’’ means a many others who make up the commer- west create a strong interdependence be- value calculated annually by the Secretaries tween public and private lands for forage, cial and social fabric of rural Western by multiplying the weighted difference in water, and habitat for both wildlife and live- nonfee costs per AUM between public land towns. stock; A fee not based on sound science and and private land by the Input Cost Index (5) the social and economic infrastructure (ICI) determined annually by the Depart- careful study will destabilize the entire of many rural communities and stability of ment of Agriculture. The weighted difference livestock industry and the rural West- job opportunities in many areas of rural in nonfee costs is a factor of 0.552 determined ern economic infrastructure it sup- America are highly independent on the pro- by deducting the private AUM nonfee costs ports. The new formula is based on a tection of the value of privately held produc- (as outlined on page 58 of the report) from principle: on the private forage mar- tion units on Federal lands. the public AUM nonfee costs for cattle times ket. It reflects the higher operational SEC. 2. ENVIRONMENTAL AND LAND USE RE- 4, added to the result of deducting private costs and lower returns derived from QUIREMENTS. AUM nonfee costs from public AUM nonfee Federal lands. This results in a formula Unless contrary to this statute, all grazing costs for sheep times 1, then that result di- operations conducted on any Federal lands vided by 5.’’ that provides economic parity between shall be subject to all applicable Federal, (7) ‘‘Net production differential’’ is the per- producers who use Federal land and State, and local laws, including but not lim- centage calculated annually by dividing the private livestock producers. ited to: cash receipts per cow for Federal permittee Secretary of the Interior Babbitt has (1) Animal Damage Control Act (7 U.S.C. livestock producers by the cash receipts per already said that he intends to drop his 426–426b). cow for western non-Federal livestock pro- efforts to raise grazing fees. He also (2) Bankhead-Jones Farm Tenant Act (50 ducers in the sixteen Western States as sur- said that he intends to finalize his reg- Stat. 522) as amended. veyed by the Economic Research Service in ulations within the next 6 months for (3) Clean Air Act (42 U.S.C. 7401–7642) as annual cost of production surveys (COPS). amended. (8) ‘‘PLFVR’’ means the private lease for- how our public lands should be man- (4) Endangered Species Act of 1973 (16 age value ratio determined by dividing the aged for grazing. U.S.C. 1531–1544) as amended. average of the 1964–1968 base years’ private It is clear to me that environmental- (5) Federal Advisory Committee Act (86 land lease rate into the forage value portion ists care about management issues, Stat. 770), as amended. of the private land lease rate of $1.78 as de- that is, the Department’s ability to ef- (6) Federal Grant and Cooperative Agree- termined in the 1966 western livestock graz- fectively steward the resources it man- ment Act of 1977 (92 Stat. 3). ing survey. ages. To cattlemen, however, the single (7) Federal Insecticide, Fungicide, and (b) The Secretaries of the Department of most important issue is the fee. If it is Rodenticide Act (7 U.S.C. 136–136y), as Agriculture and the Department of the Inte- amended. rior shall calculate annually the Federal for- too high, ranchers go out of business. (8) Federal Land Policy and Management age fee by calculating the average of the The ranchers I have talked to realize Act of 1976 (43 U.S.C. 1701 et seq.). WALLPR for the preceding three years; mul- they will eventually have to pay more (9) Federal Water Pollution Control Act (33 tiplying it by the PLFVR; then deducting for the privilege of grazing on public U.S.C. 1251 1387), as amended. from that result the nonfee cost differential; January 11, 1995 CONGRESSIONAL RECORD — SENATE S 793 and multiplying that result by the net pro- dated analysis of non-fee costs adjusted an- MEDICARE/MEDICAID DATA BANK LEGISLATION duction differential. For each year that this nually for inflation. This number indicates ∑ Mr. MCCAIN. Mr. President, I am calculation is made, all data used for cal- that for 1991 it cost $1.60 more per AUM to pleased to reintroduce this bill, which culating this fee shall come from the cal- operate on federal lands than private lands. would eliminate a large and unjustified endar year previous to the year for which the The Net Production Differential of the for- fee is being calculated unless specified other- mula is based on Economic Research Service administrative burden imposed on em- wise in the above calculations. comparisons of cash livestock receipts from ployers by an ill-considered piece of (c) The Federal forage fee shall apply to all both western federal land ranches and non- legislation passed 2 years ago. Specifi- authorized Federal AUMs under the jurisdic- federal land ranches which show that, over- cally, it would repeal the Medicare and tion of the United States Department of Ag- all, the federal lands generate 12.1% less rev- Medicaid Coverage Data Bank, section riculture and the United States Department enue per animal unit than private lands 13581 of OBRA 1993, a law that is ex- of the Interior. (thus, the 87.9% figure). Every figure in the tremely expensive, burdensome, puni- (d) For the first year that the Secretaries federal forage fee formula is derived from calculate the Federal forage fee, the fee shall economic data compiled and updated by fed- tive, and in my view, entirely unneces- not be greater than 125 percent, or less than eral agencies. sary. 75 percent of the fee calculated for the pre- Research using historical data reveals that This data bank law requires every vious year pursuant to Executive Order 12548 the Federal Forage Fee yields more predict- employer who offers health care cov- dated February 14, 1986. For each year after able fee than PRIA, which has fluctuated erage to provide substantial and often the first year that the Secretaries calculate from a high of $2.41 to a low of $1.35 (a 78% difficult-to-obtain information on cur- the Federal forage fee, the fee shall not be variance) over its 15 year life. A 25% cap on rent and past employees and their de- greater than 125 percent, or less than 75 per- any increase or decrease in the fee from year cent of the Federal forage fee calculated for to year, starting with the current fee is pendents, including names, Social Se- the previous year. maintained. Additionally, the federal forage curity numbers, health care plans, and (e) The survey of nonfee costs used to cal- fee formula adheres to the guidelines Con- period of coverage. Employers that do culate the nonfee cost differential shall be gress established for determination of fed- not satisfy this considerable reporting updated periodically by the Secretaries so as eral grazing fee policy as outlined by the obligation are subject to substantial to reflect as accurately as possible the ac- Federal Lands Policy Management Act of penalties, possibly up to $250,000 per tual nonfee costs incurred by the cattle and 1976, the Independent Offices Appropriations year or even more if the failure to re- sheep industry that utilizes public lands in Act of 1952 and the Taylor Grazing Act of the sixteen Western States. The results of 1934. port is found to be deliberate. According to the law that created the the updated survey shall be incorporated FIGURES into the calculation of the Non Fee Cost Dif- requirement, its purported objective is Weighted average private land lease rate ferential as they become available. to ensure reimbursement of costs to [WAPLLR]: $8.77 Medicare or Medicaid when a third FEDERAL FORAGE FEE FORMULA—NARRATIVE Derived from 16 state weighted average pri- party is the primary payor. This is a vate land lease rate as surveyed by the U.S. DESCRIPTION legitimate objective. However, if the The Federal Forage Fee Formula is based Department of Agriculture’s Economic Re- search Service (ERS) and adjusted for the objective of the data bank is to pre- on the premise that the western public lands serve Medicare and Medicaid funds, grazing permittee should pay the fair value number of federal AUMs in each state. The of the forage received from federal lands. calculation is a rolling average of the three why is it necessary to mandate infor- Two objectives were met in determining most recent years’ data. mation on all employees, the vast ma- the formula for a forage value-based grazing Private land forage value ratio [PrLFVR]: 48.8 jority of whom have no direct associa- fee: (1) Identification of the value of raw for- percent tion with either the Medicare or Medic- age as a percentage of the private land lease Grazing Fee Review and Evaluation, DOI & aid Program? rate (Private Lease Forage Value Ratio); and USDA 1992, pgs. 18 and 22. Determines the Last year, I introduced S. 1933 to re- (2) an adjustment which reflects the lower forage component of the WAPLLR. peal the Medicare and Medicaid Cov- animal production derived from federal lands Non fee cost differential [NFCD]: $1.60 erage Data Bank. Unfortunately, this compared to private lands (Net Production Differential), and the additional costs of Grazing Fee Review and Evaluation, DOI & bill did not pass in the 103d Congress, doing business on federal lands compared to USDA 1992, pg. 58, Appendix A.1; Updated by in part because of a questionable Con- private lands (Non Fee Cost Differential) Input Cost Index (ICI) for currency. Deduc- gressional Budget Office analysis that (e.g., additional infrastructure and oper- tion to reflect additional costs per AUM in- estimated that the data bank would ational costs). Because the costs associated cumbent with federal land grazing. save the Federal Government about $1 with cattle production vary from those of Net production differential [NPD] 87.9 percent billion. As a result of this scoring, we sheep production, sheep costs are figured Grazing Fee Review and Evaluation, DOI & would have had to raise the same into the Non Fee Cost Differential (80% cat- USDA 1992, pg. 53, ‘‘Equity Among Livestock amount in revenues to offset these pur- tle, 20% sheep). Simply put, the federal for- Producers.’’ Adjustment to reflect lower ani- ported ‘‘savings.’’ However, the Gen- age fee formula is based on the private formal production derived from federal grazing age market while reflecting the unique costs lands. eral Accounting Office found that ‘‘as envisioned, the data bank would have of production and relative inefficiencies of Formula/calculations harvesting federal forage compared to pri- certain inherent problems and likely vate land operations. A reasonable grazing [((WAPLLR PrLFVR)—NFCD) NPD=FFF] achieve little or no savings to the Med- fee must reflect the higher operational costs Weighted average private land lease icare and Medicaid programs.’’ Still, and lower animal production derived from rate [WAPLLR] ...... $8.77 due primarily to the fiction that the Private lease forage value ratio federal lands and, as such, would promote data bank would save money, S. 1933 similar economic opportunity between fed- [PrLFVR] (percent) ...... ×48.8 eral land and private land livestock produc- was not enacted last year. ers. Private lease forage value ...... 4.28 When it was clear that I did not have The private land lease rate is weighted by Non fee cost differential [NFCD] ...... ¥1.60 the votes to repeal the data bank law, the proportional number of federal AUMs in I worked with several other Senators each of the 16 western states. The rolling Net production differential [NPD] to ensure that no funding was appro- × three year weighted average of the private (percent) ...... 87.9 priated for the data bank in fiscal year land lease rate is used in order to minimize Federal forage fee (grazing fee) [FFF] 2.36 1995. Due to our efforts, the Labor and the high and low extremes of the lease scale. Human Resources Appropriations re- This lease rate is calculated on a weighted The effective Federal Forage Fee would be average of private lease rates for non-irri- $2.33 in the first year after applying the 25 port contained language prohibiting gated native rangelands. percent cap to the current grazing fee. the use of Federal funds for developing The value of the forage component of pri- or maintaining the data bank. How- vate land leases, as determined in a com- By Mr. MCCAIN (for himself, Mr. ever, this provision by itself did not re- prehensive 1966 grazing fee study and carried HOLLINGS, Mr. CRAIG, Mr. voke the requirement that covered en- through in the 1992 update of the Grazing Fee HATCH, Mr. HELMS, Mr. ROBB, tities must still provide the required Review and Evaluation report is 48.8% of the Mr. MCCONNELL, and Mr. information on the health coverage of total private land lease rate. The remaining COATS): current and former employees and 51.2% of the private lease rate includes infrastructure and services associated with a pri- S. 194. A bill to repeal the Medicare their families. This would have re- vate land lease. and Medicaid Coverage Data Bank, and sulted in the bizarre situation in which The Non Fee Cost Differential of the fed- for other purposes; to the Committee covered employers would have had to eral forage fee formula is based on the upon Finance. report the information, but there S 794 CONGRESSIONAL RECORD — SENATE January 11, 1995 would have been no data bank to proc- able that we are adding costs and pen- The Secretary’s study would have to ess or retrieve it. alties to those who have been most take into consideration the adminis- Finally, in response to the public diligent in providing health coverage trative costs and burden on the private outcry about this Federal mandate and to their employees. The last thing that sector and the Government of process- the sentiments of Congress, the Health the Federal Government should do is ing and providing the necessary infor- Care Financing Administration [HCFA] impose disincentives to employee mation versus the benefits and savings indicated that it will not be enforcing health care coverage, which is one of that such reporting requirements the data bank’s reporting requirements the unintended consequences of the would produce. It must also consider in fiscal year 1995. It stated that in data bank law. current HCFA reporting requirements light of the refusal of Congress to fund Perhaps the most disturbing aspect and the ability of entities to obtain the the data bank, ‘‘we have agreed to stay of the data bank law is that its enor- required information legally and effi- an administrative action to implement mous costs have little or no cor- ciently. the current requirements, including responding benefit. The GAO report Too often, Congress considers only the promulgation of reporting forms concluded that ‘‘The additional infor- the cost savings to the Federal Govern- and instructions. Therefore, we will mation gathering and record keeping ment of legislation while ignoring not expect employers to compile the required by the data bank appears to costs to other parties. The Medicare necessary information or file the re- provide little benefit to Medicare and and Medicaid Data Bank is a case in quired reports. Likewise, no sanctions Medicaid in recovering mistaken pay- point. Congress required information will be imposed for failure to file such ments.’’ This is in part because HCFA on millions of employees to save the reports.’’ is already obtaining this information Federal Government money. Yet, it This is a major step in the right di- in a much more efficient manner than will cost employers more money to rection. However, the data bank and its that required under OBRA 1993. comply than the government saves. reporting requirements are still in the For example, OBRA 1989 provides for Congress must stop passing laws that law and are still scheduled to be imple- HCFA to periodically match Medicare impose large, unjustified administra- mented in the next fiscal year. Con- beneficiary data with Internal Revenue tive burdens on other entities. It must sequently, there is still a great need to Service employment information—The consider the impact of its actions on repeal the data bank law. Data Match Program. Also, HCFA di- the whole economy and not just on the There are those who will argue that, rectly asks beneficiaries about primary Government. in order to repeal the data bank, we payor coverage. To the extent that the In summary, the reporting require- still must propose $1 billion in budget data bank duplicates these efforts, any ment for the Medicare and Medicaid offsets. However, as I indicated earlier, potential savings will not be realized. Data Bank is duplicative, burdensome, the GAO found that the data bank It is clearly preferable to require HCFA ineffective, and unnecessary. The GAO would not save money. Specifically, it to use the information it already has has characterized it as creating ‘‘an av- testified before the Senate Govern- than to require the private sector to alanche of unnecessary paperwork for mental Affairs Committee that ‘‘the provide duplicative information. both HCFA and employers.’’ It penal- data bank will likely achieve little or The GAO report found that ‘‘the data izes employers who provide health care no savings while costing millions. match not only can provide the same benefits to their workers—exactly the Rather, we believe that changes and information [as the data bank] without opposite goal we should be pursuing. improvements to existing activities raising the potential problems de- The data bank should be repealed and a would be a much easier, less costly, scribed above, but it can do so at less more cost-effective approach should be and thus preferable alternative to the cost.’’ It also recognized that both the found to ensure that Medicare and data bank process. This is largely be- data match and data bank processes Medicaid are appropriately reimbursed cause the data bank will result in an rely too much on an after-the-fact re- by primary payors. enormous amount of added paperwork covery approach, and recommended en- Mr. President, last year when I intro- for both HCFA and the Nation’s em- hancing up-front identification of duced this bill, I included a statement ployers.’’ other insurance and avoiding erroneous by the Coalition on Employer Health In addition, the GAO report on the payments. In this regard, it docu- Coverage Reporting and the Medicare/ data bank law found that employers mented that HCFA has already initi- Medicaid Data Bank and several rep- are not certain of their specific report- ated this prospective approach. resentative letters from employers and ing obligations, because HCFA has not Mr. President, the Federal Govern- employer groups in the RECORD. These provided adequate guidance on these ment is again imposing substantial fi- groups continue to demand repeal of obligations. Much of the information nancial burdens on the private sector this law, and I will not request that which is required is not typically col- without fully accepting its share of the their statements and letters be pub- lected by employers, such as Social Se- burden to implement a program. We lished again at taxpayer expense. How- curity numbers of dependents and cer- should once again expect the worst ever, their message continues to be tain health insurance information. case scenario to occur: employers will clear. The Federal Government must Some employers have even questioned provide the required information at stop imposing unjustified burdens on whether it is legal for them under var- substantial administrative burden, businesses.∑ ious privacy laws to seek to obtain the there will be no data bank in which to required information. make use of it, and even if a data bank By Mr. MURKOWSKI: The GAO report also found that em- were funded and established, the infor- S. 195. A bill to amend section 257(e) ployers are facing significant costs in mation stored could not be used effi- of the Balanced Budget and Emergency complying with the reporting require- ciently to save Medicare or Medicaid Deficit Control Act of 1985 to modify ments, including the costs of redesign- funds. the treatment of losses from asset ing their payroll and personnel sys- I do not want this bill to be con- sales; to the Committee on the Budget tems. It cites one company with 44,000 strued, in any way, as opposition to and the Committee on Governmental employees that would have costs of ap- HCFA obtaining the information it Affairs, jointly, pursuant to the order proximately $52,000 and another com- needs to administer the Medicare and of August 4, 1977, with instructions pany with 4,000 employees that would Medicaid Programs efficiently, and ob- that if one committee reports, the have costs of $12,000. Overall, the taining reimbursement from third other committee have 30 days to report American Payroll Association esti- party payors when appropriate. To as- or be discharged. mated last year that this requirement sure that HCFA has the information it THE ASSET SALE BUDGET RULES ACT OF 1995 will cost between $50,000 and $100,000 needs, the bill also requires the Sec- ∑ Mr. MURKOWSKI. Mr. President, I per company. retary of HHS to conduct a study and introduce legislation that would mod- I would add that the reporting re- report to Congress on how to achieve ify the budget rules governing the sale quirement applies only to employers the purported objectives of the data of Federal assets. It is my hope that that provide health insurance coverage bank in the most cost-effective manner Congress this year will review many of to their employees. It is unconscion- possible. the perverse and unintended effects of January 11, 1995 CONGRESSIONAL RECORD — SENATE S 795 our budget rules and consider including years—for purposes of the Budget Act, While the EPA can address many this legislation in a budget process re- the $83 million sale price could offset problems along the border, some issues form package. the $55 million loss of revenue to the involving the protection of surface wa- Under current law, the sale of an Government. And I want to emphasize ters are under the jurisdiction of the asset does not alter the deficit or that under my legislation, the remain- International Boundary and Water produce any net deficit reduction in ing $28 million associated with the sale Commission. The Commission was cre- the budget baseline. My legislation could neither count toward deficit re- ated by a treaty with Mexico in 1944 to maintains this principle. Although an duction, nor could it be used to in- control floods, manage salinity and de- asset sale would not be counted in cal- crease spending in any other program. velop municipal sewage treatment fa- culating the deficit, future revenue I look forward to working with the cilities along international streams. generated by the asset which the gov- members of the Budget Committee to In my home State, the IBWC has con- ernment would have received if the resolve the current asset sale anomaly. structed international wastewater asset had not been sold could be offset I ask unanimous consent that the text treatment facilities in Nogales and by the revenue generated from the sale. of the bill be printed in the RECORD. Naco, AZ. The Commission’s authority, I want to emphasize that this rule is There being no objection, the bill was however, to respond to emergency situ- narrowly crafted so that revenue ordered to be printed in the RECORD, as ations involving the pollution of sur- gained from an asset sale could not be follows: face waters is a matter of some doubt. used to offset a separate revenue losing S. 195 This measure provides the IBWC with provision. Be it enacted by the Senate and House of Rep- explicit authority and resources to pro- Mr. President, the current budget resentatives of the United States of America in tect American lives and property from rules governing asset sales make it Congress assembled, emergency conditions and establishes a nearly impossible for the Federal Gov- SECTION 1. OFFSETTING LOSSES FROM ASSET $5 million fund to do the job. In addi- ernment to sell assets. For example, SALES. tion, the Secretary of State is directed during the last several years, both the Section 257(e) of the Balanced Budget and to pursue agreements with Mexico for Bush and Clinton administrations have Emergency Deficit Control Act of 1985 is joint response to such events. sought to sell the Alaska Power Ad- amended by striking the semicolon at the Mr. President, I’d like to offer an ex- end thereof and inserting the following: ‘‘. ministration [APA]. The Department Effective beginning fiscal year 1996, the pro- ample of why this legislation is needed. of Energy [DOE] has entered into sale ceeds from the sale of an asset may be ap- A few years ago, the breakage of a agreements and negotiated a price of plied to offset the loss of any revenue or re- sewer main combined with heavy rains more than $80 million for these electric ceipts resulting from such sale.’’.∑ and carried raw sewage into Nogales, generating assets. AZ via an international stream. The Unfortunately, legislation needed to By Mr. MCCAIN: contamination resulted in a high inci- implement this sale has been delayed S. 196. A bill to establish certain en- dence of hepatitis, harmed wildlife, and for several years, in part because of the vironmental protection procedures degraded public and private property, budget rules governing asset sales. within the area comprising the border prompting the declaration of a State Since the APA takes in approximately region between the United States and emergency. No definitive and com- $11 million per year from the sale of Mexico, and for other purposes; to the prehensive action was taken to stem electricity, under our pay-as-you-go Committee on Foreign Relations. the flow of sewage for several weeks rules, the sale is scored by the Congres- THE UNITED STATES-MEXICO BORDER due to concerns about the availability sional Budget Office [CBO] as losing ENVIRONMENTAL PROTECTION ACT of funds and trepidation about the the Federal Government $11 million an- ∑ Mr. MCCAIN. Mr. President, today, I legal authority necessary to take ac- nually. In other words, even though the introduce the United States-Mexico tion. Federal Government will receive up- Border Environmental Protection Act. Had the emergency fund and response front more than $80 million by selling Our Nation shares a 2,000-mile border authority I’m proposing been in place, the APA, our budget scoring rules re- with Mexico. Numerous American and perhaps we could have prevented much quire that the sale proceeds be ignored, Mexican sister cities link hands across of the sickness and suffering visited but that the stream of lost future reve- that border, binding our two nations in upon the residents of Nogales. Passage nues be counted. friendship. As friends and neighbors, of this legislation will ensure prompt The end result of these rules is that the United States and Mexico have pro- and effective response in the future. for the sale to proceed, the lost $11 mil- found responsibilities to one another. Some of my colleagues may remem- lion per year must be offset by other Chief among those duties is to respect ber this measure from last Congress, or unrelated spending reductions. This is and safeguard the natural resources if they have been here long enough, Alice-in-Wonderland accounting that our citizen’s must share along the they may even remember it from the has no relationship to the real world. international boundary. No activities 102d Congress. During this 4-year pe- Presumably, the Department of Energy or conditions occurring on one side of riod this measure has been reported by negotiated what it believed was a fair the border must be permitted to ad- the Senate Foreign Relations Commit- price for the APA assets. Certainly versely impact the health of people or tee, adopted by the Senate on voice DOE factored in the amount of revenue the environment on the other. vote to the Foreign Authorization Act that will no longer be coming to the Passage of the United States-Mexico and passed by the Senate as part of the Federal Government as a result of the Border Environmental Protection Act Foreign Authorization Act. Neverthe- sale as well as the fact that the Federal will help us meet our environmental less, it has never become law. Government will no longer have to responsibilities successfully. It will do I want my colleagues to realize that staff and maintain these operations. so by providing the resources necessary should an incident similar to the one in Yet when it comes to congressional to protect American lives and property Nogales occur again, we have the op- budget scoring rules, all that is count- from environmental hazards which portunity to alleviate the suffering of ed is the lost stream of future reve- may arise unabated south of the bor- many people and protect further dam- nues. der—an important Federal responsibil- age to the environment. We have had The legislation I am introducing ity. that opportunity for several years but, today would rationalize the asset sale Specifically, the bill seeks to estab- we have chosen to close our eyes and rules by allowing the price the Federal lish a $10 million border environmental ignore the plight of Americans living Government receives from the asset emergency fund under the auspices of in the border region. sale to offset future revenue lost as a the Environmental Protection Agency. I would like to note that certain pro- result of the transfer of the asset from The fund would make moneys readily visions related to the IBWC in this bill the Government to private parties. available to investigate occurrences of are virtually identical to those in the Thus, in the APA example, if over the pollution, identify sources and take Rio Grande Pollution Correction Act next 5 years, it is assumed that elec- immediate steps to protect land, air which was signed into law in 1987. Like tricity sales from APA would generate and water resources through cleanup the bill I’m introducing, the Rio $11 million per year—$55 million over 5 and other remedial actions. Grande legislation authorized the S 796 CONGRESSIONAL RECORD — SENATE January 11, 1995 IBWC to conclude agreements with (commonly known as the ‘‘La Paz Agree- (4) ADMINISTRATIVE EXPENSES.—An amount Mexico to response to surface water ment’’). not exceeding 10 percent of the amounts in contamination. The United States- SEC. 2. DEFINITIONS. the Environmental Fund shall be available Mexico Border Environmental Protec- In this Act: in each fiscal year to pay administrative ex- (1) ADMINISTRATOR.—The term ‘‘Adminis- penses necessary to carry out the purpose de- tion Act expands the Rio Grande bill to scribed in paragraph (1). include the entire border, as a matter trator’’ means the Administrator of the En- vironmental Protection Agency. (5) AVAILABILITY OF FUNDS.—Amounts in of fairness and necessity. (2) BORDER ENVIRONMENT ZONE.—The term the Environmental Fund shall be available In addition to funding field investiga- ‘‘Border Environment Zone’’ means the area without fiscal year limitation. tions and rapid emergency response, described in section 1(b). (d) INVESTMENT OF FUNDS.— the legislation recognizes the impor- (3) BORDER SANITATION EMERGENCY.—The (1) IN GENERAL.—The Secretary of the tance of communication between Mex- term ‘‘border sanitation emergency’’ means Treasury shall invest such portion of the En- ico and the United States and among a situation in which untreated or inad- vironmental Fund as is not, in the judgment equately treated sewage is discharged into of the Secretary, required to meet current Federal, State, and local authorities withdrawals. Investments may be made only her at home. The bill seeks to establish international surface rivers or streams that form or cross the boundary between the in interest-bearing obligations of the United an information sharing and early warn- United States and Mexico. States. ing system so that Mexican and Amer- (4) COMMISSION FUND.—The term ‘‘Commis- (2) ACQUISITION OF OBLIGATIONS.—For the ican officials at all levels will be ap- sion Fund’’ means the United States Inter- purpose of investments, obligations may be prised of environmental hazards and national Boundary and Water Commission acquired— risks in a timely and coordinated fash- Fund established by section 10(c). (A) on original issue at the issue price; or ion, so that response and remedy, like- (5) ENVIRONMENTAL FUND.—The term ‘‘En- (B) by purchase of outstanding obligations vironmental Fund’’ means the United at the market price. wise, will be timely and coordinated. (3) SALE OF OBLIGATIONS.—Any obligation Some of my colleagues may be under States-Mexico Border Environmental Pro- tection Fund established by section 3. acquired by the Environmental Fund may be the impression that this measure may (6) UNITED STATES COMMISSIONER.—The sold by the Secretary of the Treasury at the conflict with the environmental side term ‘‘United States Commissioner’’ means market price. agreement to the North American the United States Commissioner, Inter- (4) CREDITS TO ENVIRONMENTAL FUND.—The Free-Trade Agreement [NAFTA] or the national Boundary and Water Commission, interest on, and the proceeds from the sale provisions of the bill may already be United States and Mexico. or redemption of, any obligations held in the Environmental Fund shall be credited to and addressed by the side agreement. Nei- SEC. 3. ENVIRONMENTAL FUND. form a part of the Environmental Fund. (a) ESTABLISHMENT.—There is established ther of these statements are true. (e) TRANSFERS OF AMOUNTS.— in the Treasury of the United States a trust Nevertheless, I wrote to Ambassador (1) IN GENERAL.—The amounts required to fund to be used to investigate and respond to Kantor last year during the debate on be transferred to the Environmental Fund conditions that the Administrator deter- under subsection (d) shall be transferred at the Foreign Operations appropriations mines present a substantial threat to the least monthly from the general fund of the bill requesting that he review the land, air, or water resources of the Border Treasury to the Environmental Fund on the measure to ensure that it was not in Environment Zone. The fund shall be known basis of estimates made by the Secretary of conflict with the side agreement. The as the ‘‘United States-Mexico Border Envi- the Treasury. letter from the Ambassador’s office ronmental Protection Fund’’ and shall con- (2) ADJUSTMENTS.—Proper adjustment shall sist of— reads ‘‘We see nothing in your proposal be made in amounts subsequently trans- (1) such amounts as are transferred to the that would be in conflict with the ferred to the extent prior estimates were in Environmental Fund under subsection (b); Agreement.’’ He went further to say excess of or less than the amounts required and to be transferred. ‘‘in fact, what you propose appears to (2) any interest earned on investments of be fully supportive of the Side Agree- amounts in the Environmental Fund under SEC. 4. DECLARATION OF ENVIRONMENTAL ment.’’ subsection (d). EMERGENCIES. Mr. President, there is no doubt of (b) TRANSFER TO ENVIRONMENTAL FUND.— (a) IN GENERAL.— our obligation to be a responsible From amounts made available to the Depart- (1) DETERMINATION BY THE ADMINIS- neighbor to Mexico, nor of Mexico’s ob- ment of State, the Secretary of State shall TRATOR.—Subject to paragraph (3), if the Ad- transfer to the Secretary of the Treasury for ministrator determines that conditions exist ligation to us. Considering the enact- that present a substantial threat to the land, ment of the NAFTA treaty which I deposit into the Environmental Fund $10,000,000. The Secretary of the Treasury air, or water resources of the area compris- strongly supported, now more than shall deposit amounts received under this ing the Border Environment Zone, the Ad- ever, it’s important that we commit subsection into the Environmental Fund. ministrator may declare that an environ- ourselves to a clean and healthy border (c) EXPENDITURES FROM ENVIRONMENTAL mental emergency exists in the Zone. environment for the safety and enjoy- FUND.— (2) PETITION OF GOVERNOR.—Subject to ment of Americans and Mexicans who (1) IN GENERAL.—Subject to this subparagraph (3), in addition to the authority inhabit the region. Enactment of this section, upon request by the Administrator, under paragraph (1), the Administrator, upon the Secretary of the Treasury shall transfer the petition of the Governor of the State of legislation is an important step to that Arizona, California, New Mexico, or Texas, end. from the Environmental Fund to the Admin- istrator such amounts as the Administrator or the governing body of a federally recog- I urge the Senate to consider and determines are necessary to carry out field nized Indian tribe, may declare that an envi- swiftly pass this vital legislation. I ask investigations and remediation of an environmental emergency exists in the Zone. unanimous consent that the text of the ronmental emergency declared by the Ad- (3) LIMITATION.—The Administrator may bill be printed in the RECORD. ministrator under section 4. not declare a condition to be an environ- There being no objection, the bill was (2) COST-SHARING PROGRAMS.—Amounts in mental emergency under this section if the condition is specifically within the sole ju- ordered to be printed in the RECORD, as the Environmental Fund shall be available risdiction of the International Boundary and follows: for use by the Administrator for cost-sharing programs that carry out the purpose de- Water Commission. S. 196 scribed in paragraph (1) with— (b) CONSULTATION WITH AFFECTED PAR- Be it enacted by the Senate and House of Rep- (A) the Government of Mexico; TIES.—In responding to emergencies, the Ad- resentatives of the United States of America in (B) any of the States of Arizona, Califor- ministrator shall consult and cooperate with Congress assembled, nia, New Mexico, or Texas; affected States, counties, municipalities, In- SECTION 1. SHORT TITLE; PURPOSE. (C) a political subdivision of any of the dian tribes, the Government of Mexico, and (a) SHORT TITLE.—This Act may be cited as States referred to in subparagraph (B); other affected parties. the ‘‘United States-Mexico Border Environ- (D) a local emergency planning committee; (c) AUTHORITY TO RESPOND.—The Adminis- mental Protection Act’’. (E) a federally recognized Indian tribe; or trator may respond directly to an emergency (b) PURPOSE.—The purpose of this Act is to (F) any other entity that the Adminis- declared under this section or may coordi- provide for the protection of the environ- trator determines to be appropriate. nate the response with appropriate State or ment within the area comprising the border (3) METHODS OF DISTRIBUTION OF FUNDS.—In local authorities. region between the United States and Mex- carrying out the purpose described in para- SEC. 5. INFORMATION SHARING. ico, as defined by the Agreement on Coopera- graph (1), the Administrator may expend (a) IN GENERAL.—The Administrator, in co- tion for the Protection and Improvement of amounts made available to the Adminis- operation with the Secretary of State, the the Environment in the Border Area, signed trator from the Environmental Fund di- Governors of the States of Arizona, Califor- at La Paz on August 14, 1983, and entered rectly or make the amounts available nia, New Mexico, and Texas, the governing into force on February 16, 1984 (TIAS 10827) through grants or contracts. bodies of federally recognized Indian tribes January 11, 1995 CONGRESSIONAL RECORD — SENATE S 797 located within the Border Environment health and welfare of persons along the (B) any interest earned on investment of Zone, and the appropriate officials of the international surface rivers and streams that amounts in the Commission Fund under Government of Mexico, may establish a sys- form or cross the boundary between the paragraph (4). tem for information sharing and for early United States and Mexico, including rec- (2) TRANSFER TO COMMISSION FUND.—From warning to the United States, each of the ommendations concerning— amounts made available to the Department several States and political subdivisions of (1) types of border sanitation emergencies of State, the Secretary of State shall trans- the States, and Indian tribes, of environ- requiring response, including sewer line fer to the Secretary of the Treasury for de- mental problems affecting the Border Envi- breaks, power interruptions to wastewater posit into the Commission Fund $5,000,000. ronment Zone. handling facilities, breakdowns in compo- The Secretary of the Treasury shall deposit (b) INTEGRATION INTO EXISTING SYSTEMS nents of wastewater handling facilities, and amounts received under this paragraph into AND PROCEDURES.—The Administrator shall accidental discharge of sewage; the Commission Fund. integrate systems and procedures established (2) types of response to border sanitation (3) EXPENDITURES FROM COMMISSION FUND.— under this section into any systems and pro- emergencies, including acquisition, use, and (A) IN GENERAL.—Subject to this para- cedures that are in existence at the time of maintenance of joint response equipment graph, upon request by the Secretary of the establishment under this section and and facilities, small scale construction (in- State, the Secretary of the Treasury shall that were established to provide information cluding modifications to existing infrastruc- transfer from the Commission Fund to the sharing and early warning regarding envi- ture and temporary works), and the installa- Secretary of State such amounts as the Sec- ronmental problems affecting the Border En- tion of emergency and standby power facili- retary of State determines are necessary to vironment Zone. ties; carry out this section and sections 7, 8, and SEC. 6. REPORTS TO CONGRESS. (3) formulas for the distribution of the 9. (a) IN GENERAL.—After consultation with costs of responses to emergencies under this (B) METHODS OF DISTRIBUTION OF FUNDS.—In the Secretary of State, appropriate officials section on a case-by-case basis; and carrying out the purpose described in sub- of the Government of Mexico, the Governors (4) requirements for defining the beginning paragraph (A), the Secretary of State may of the States of Arizona, California, New and end of an emergency. expend amounts made available to the Sec- Mexico, and Texas, and the governing bodies SEC. 9. CONSTRUCTION, REPAIRS, AND OTHER retary of State from the Commission Fund of appropriate federally recognized Indian MEASURES. directly or make the amounts available tribes, the Administrator shall submit an an- (a) BORDER SANITATION EMERGENCIES.—The through grants or contracts. nual report to Congress describing the use of Secretary of State, acting through the Unit- (C) ADMINISTRATIVE EXPENSES.—An amount the Environmental Fund during the calendar ed States Commissioner, may respond not exceeding 10 percent of the amounts in year preceding the calendar year in which through construction, repairs, and other the Commission Fund shall be available in the report is filed, and the status of the envi- measures in the United States to correct each fiscal year to pay administrative ex- ronmental quality of the area comprising the border sanitation emergencies. The Sec- penses necessary to carry out the purpose de- Border Environment Zone. retary of State may respond directly to a scribed in subparagraph (A). (b) NOTICE OF AVAILABILITY.—The Adminis- border sanitation emergency or may coordi- (D) AVAILABILITY OF FUNDS.—Amounts in trator shall publish a notice of the availabil- nate the response with appropriate State or the Commission Fund shall be available ity of the report in the Federal Register, to- local authorities. without fiscal year limitation. gether with a brief summary of the report. (b) CONSULTATION WITH AFFECTED PAR- (4) INVESTMENT OF FUNDS.— SEC. 7. INTERNATIONAL AGREEMENTS. TIES.—In responding to a border sanitation (A) IN GENERAL.—The Secretary of the (a) AUTHORITY.—The Secretary of State, emergency, the Secretary shall consult and Treasury shall invest such portion of the acting through the United States Commis- cooperate with the Administrator, affected Commission Fund as is not, in the judgment sioner, may enter into agreements with the States, counties, municipalities, federally of the Secretary, required to meet current appropriate representative of the Ministry of recognized Indian tribes, the Government of withdrawals. Investments may be made only Foreign Relations of Mexico for the purpose Mexico, and other affected parties. in interest-bearing obligations of the United of correcting border sanitation emergencies. SEC. 10. TRANSFER OF FUNDS. States. (B) ACQUISITION OF OBLIGATIONS.—For the (b) RECOMMENDATIONS.—Agreements en- (a) TRANSFER AUTHORITY.—The Secretary tered into under subsection (a) should con- of State, acting through the United States purpose of investments, obligations may be sist of recommendations to the Governments Commissioner, may include as part of the acquired— of the United States and Mexico of measures agreements entered into under sections 7, 8, (i) on original issue at the issue price; or to protect the health and welfare of persons and 9 such arrangements as are necessary to (ii) by purchase of outstanding obligations along the international surface rivers and administer the transfer to another country at the market price. streams that form or cross the boundary be- of funds assigned to 1 country and obtained (C) SALE OF OBLIGATIONS.—Any obligation tween the United States and Mexico, includ- from Federal or non-Federal governmental acquired by the Commission Fund may be ing recommendations concerning— or nongovernmental sources. sold by the Secretary of the Treasury at the market price. (1) facilities that should be constructed, (b) COST-SHARING AGREEMENTS.— (D) CREDITS TO COMMISSION FUND.—The in- operated, and maintained in each country; (1) IN GENERAL.—Except as provided in (2) estimates of the costs of plans, con- paragraph (2), no funds of the United States terest on, and the proceeds from the sale or struction, operation, and maintenance of the shall be expended in Mexico for emergency redemption of, any obligations held in the facilities; investigation or remediation pursuant to Commission Fund shall be credited to and (3) formulas for the sharing of costs be- section 7, 8, or 9 without a cost-sharing form a part of the Commission Fund. tween the United States and the Government agreement between the United States and (5) TRANSFERS OF AMOUNTS.— of Mexico; and the Government of Mexico. (A) IN GENERAL.—The amounts required to be transferred to the Commission Fund (4) a time schedule for the construction of (2) EXCEPTION.— under paragraph (4) shall be transferred at facilities and other measures recommended (A) IN GENERAL.—Funds may be expended by the agreements entered into under this as described in paragraph (1) without a cost- least monthly from the general fund of the section. sharing agreement if the Secretary of State Treasury to the Commission Fund on the basis of estimates made by the Secretary of SEC. 8. JOINT RESPONSES TO BORDER SANITA- determines and can demonstrate that the ex- TION EMERGENCIES. penditure of the funds in Mexico would be the Treasury. (B) ADJUSTMENTS.—Proper adjustment (a) CONSTRUCTION OF WORKS.—The Sec- cost-effective and in the interest of the Unit- retary of State, acting through the United ed States. shall be made in amounts subsequently transferred to the extent prior estimates States Commissioner, may enter into agree- (B) REPORT.—If funds are expended as de- ments with the appropriate representative of scribed in paragraph (1) without a cost-shar- were in excess of or less than the amounts the Ministry of Foreign Relations of Mexico ing agreement, the Secretary of State shall required to be transferred. for the purpose of joint response to correct submit a report to the appropriate commit- SEC. 11. ADMINISTRATION. border sanitation emergencies through the tees of Congress that explains why the costs (a) IN GENERAL.—The Secretary of State construction of works, repair of existing in- were not shared between the United States and the Administrator shall carry out this frastructure, and other appropriate measures and the Government of Mexico and why the Act in a manner that is consistent with the in Mexico and the United States. The United expenditure of the funds without cost-shar- environmental provisions of the North Amer- States Commissioner shall consult with the ing was in the interest of the United States. ican Free Trade Agreement, so long as the Governors of the States of Arizona, Califor- (c) COMMISSION FUND.— United States applies the North American nia, New Mexico, and Texas in developing (1) ESTABLISHMENT.—There is established Free Trade Agreement to Mexico. and implementing agreements entered into in the Treasury of the United States a trust (b) DEFINITION.—In this section, the term under this section. fund to be known as the ‘‘United States ‘‘North American Free Trade Agreement’’ (b) HEALTH AND WELFARE.—Agreements en- International Boundary and Water Commis- means the agreement between the United tered into under subsection (a) should con- sion Fund’’. The Commission Fund shall con- States and Mexico (without regard to wheth- sist of recommendations to the Governments sist of— er Canada is a party to all or part of the of the United States and Mexico that estab- (A) such amounts as are transferred to the agreement) entered into on December 17, lish general response plans to protect the Commission Fund under paragraph (2); and 1992, and approved by Congress pursuant to S 798 CONGRESSIONAL RECORD — SENATE January 11, 1995 section 101(a) of the North American Free was responsible for creating this na- fore we will be able to take any actions Trade Agreement Implementation Act (19 tional cleanup effort. on health care reform. U.S.C. 3311(a)). The term includes any letters Mr. President, I ask unanimous con- Therefore, we need to enact legisla- exchanged between the Government of the United States and the Government of Mexico sent that the text of my bill be printed tion that will allow the current suc- with respect to the agreement and any side in the RECORD. cessful program to become a perma- agreements entered into in connection with There being no objection, the bill was nent option for Medicare beneficiaries the agreement. ordered to be printed in the RECORD, as and to expand to all States. This bill SEC. 12. EFFECT ON OTHER LAW. follows: will do just that, and I urge my col- Nothing in this Act shall amend, repeal, or S. 197 leagues to give it their support.∑ otherwise modify any provision of the Com- ∑ Mrs. FEINSTEIN. Mr. President, I prehensive Environmental Response, Com- Be it enacted by the Senate and House of Rep- support Senator CHAFEE’s proposal to pensation, and Liability Act of 1980 (42 resentatives of the United States of America in U.S.C. 9601 et seq.), the Superfund Amend- Congress, assembled, extend the Medicare Select Program, ments and Reauthorization Act of 1986 (Pub- SECTION 1. THE CARL GARNER FEDERAL LANDS which currently provides Medigap lic Law 99–499) and the amendments made by CLEANUP ACT health benefits to roughly 400,000 older the Act, or any other law, treaty, or inter- The Federal Lands Cleanup Act of 1985 (36 Americans by using a managed care national agreement of the United States. U.S.C. 169i–169i–1) is amended by striking model. SEC. 13. TERMINATION OF AUTHORITY. ‘‘Federal Lands Cleanup Day’’ each place it Like many of the other original co- The authority provided by this Act shall appears and inserting ‘‘Carl Garner Federal sponsors of this legislation, I come terminate on the date that is 5 years after Lands Cleanup Day.’’∑ from one of the 15 States where the the date of enactment of this Act. ∑ Medicare Select demonstration pro- By Mr. CHAFEE (for himself, gram has proved its popularity during By Mr. BUMPERS: Mrs. FEINSTEIN, Mrs. S. 197. A bill to establish the Carl the last 3 years. HUTCHISON, Mr. KOHL, and Mr. Garner Federal Lands Cleanup Day, Medicare Select, which currently DORGAN): provides 100,000 Californians with low- and for other purposes; to the Commit- S. 198. A bill to amend title XVIII of tee on Energy and Natural Resources. cost Medigap insurance using a man- the Social Security Act to permit Med- aged care model, was enacted in 1990 as THE CARL GARNER FEDERAL LANDS CLEANUP icare select policies to be offered in all ACT a 3-year demonstration program and States, and for other purposes; to the has proved to be extremely popular, en- ∑ Mr. BUMPERS. Mr. President, sev- Committee on Finance. eral years ago I introduced legislation rolling 400,000 seniors in 15 States. which resulted in the creation of the EXTENSION OF THE MEDICARE SELECT PROGRAM This program used a network of pro- Federal Lands Cleanup Act. This law ∑ Mr. CHAFEE. Mr. President, I am viders to cut premium costs by 10–30 designates the first Saturday after pleased today to join with Senators percent over fee for service Medigap Labor Day of each year as Federal FEINSTEIN, HUTCHISON, KOHL, and DOR- products—those services and costs not Lands Cleanup Day and requires each GAN in introducing legislation to ex- covered by Medicare—according to sev- Federal land managing agency to orga- tend the Medicare Select Program per- eral reports. nize, coordinate, and participate with manently and to make it available in In California, roughly 100,000 seniors citizen volunteers and State and local all 50 States. have signed up for the program, and agencies in cleaning and maintaining Based on legislation that I intro- Blue Cross of California alone is enroll- Federal public lands. duced in 1990, Medicare Select is a dem- ing an additional 2,200 per month. I was inspired to introduce this legis- onstration project operating in 15 These Medicare enrollees are signing lation by a talented and dedicated pub- States with more than 400,000 partici- up because the Medicare Select Pro- lic servant by the name of Carl Garner. pants. Under this program, Medicare gram can provide low-cost, high-qual- Carl is the resident engineer with the beneficiaries have the option to pur- ity health benefits, while still retain- Army Corps of Engineers at the Greers chase Medicare supplemental insurance ing a high degree of choice over their Ferry Lake site in Arkansas. In 1970, he policies—often referred to as Medigap physician. organized a group of about 50 volun- policies—through managed care net- The reason for the program’s popu- teers to clean up trash that had accu- works. larity are simple. In order to save mulated along the shoreline of the This program has been a huge success money or receive added benefits, more lake. The Greers Ferry Cleanup Day and admirably serves those bene- and more older Americans are enroll- was such an overwhelming success that ficiaries lucky enough to participate. ing in managed care plans. eventually it was expanded to other Recent data continues to show that In fact, Consumer Reports lists many Corps of Engineers-operated lakes and Medicare beneficiaries who purchase Medicare Select products as its highest other Federal and State lands in Ar- Medicare Select products pay pre- rated values, and extension of the Med- kansas and became known as the Great miums 10 percent to 37 percent less ex- icare Select Program is strongly en- Arkansas Cleanup. The cleanup has be- pensive than traditional Medigap prod- dorsed by California Insurance Com- come so popular that last year more ucts. Moreover, consumer satisfaction missioner Garamendi, as well as the than 24,000 Arkansans participated in with these products is extremely high. National Association of Insurance it at more than 100 sites. Of the top 15 Medigap products ranked Commissioners. Carl Garner recognized that we must by Consumer Reports magazine in its In addition, the Mainstream plan— instill in our citizens a greater sense of August 1994 issue, eight were Medicare and nearly every other health reform ownership, pride, and responsibility for Select products. Unfortunately, under proposed this Congress—provided for a the care and management of our State current law, current Medicare Select continuation and expansion of Medi- and public lands. His efforts and the carriers will have to halt enrollment in care Select and other forms of man- phenomenal success of the Arkansas July 1995. aged Medicare. Cleanup Program inspired me to intro- Almost all the major health care re- Certainly, managed Medicare produce the Federal Lands Cleanup Act of form plans introduced during the past grams like Medicare Select must be 1985. session of Congress included provisions implemented carefully, in order to en- Today, I am introducing legislation to expand the Medicare Select Program sure that Medicare enrollees are appro- that will rename the Federal Lands to all 50 States. While none of these priately informed of the benefits of Cleanup Act and the day in honor of health care reform efforts succeeded, this program, provided with high-qual- Carl Garner. This bill was approved by my colleagues and I worked at the end ity services, and ensured access to the Senate in the 103d Congress but was of the last session to extend the dem- highly trained physicians. In addition, not considered by the House. I am in- onstration program until July of this managed care programs must be shown troducing it again so that future gen- year, until we could introduce a bill to to provide lower costs to the Federal erations who enjoy and treasure our extend the program permanently and Government in addition to consumer Nation’s forests, national parks, and to expand it to all 50 States. As I indi- discounts. waterways to know that it was the vi- cated, the current demonstration pro- However, without the extension of sion and leadership of Carl Garner that gram expires in July of this year—be- the Medicare Select Program, which January 11, 1995 CONGRESSIONAL RECORD — SENATE S 799 has already proven its initial success, support for the legislation to repeal the ground powdered plastic and coated new enrollments will be cut off in July 1834 act. As Secretary Shalala pointed with a plastic polymer. Based on its al- 1995—before additional health care re- out in a letter dated November 17, 1993, leged physical characteristics, this bul- form will have been enacted. the Department ‘‘agree(s) with the po- let would evade the Federal ban. In the absence of national health sition that the Standards of Ethical Mr. President, the Bureau of Alcohol, care reform, I believe that this success- Conduct, along with the criminal stat- Tobacco and Firearms [ATF] has not ful and popular managed Medicare pro- utes at 18 U.S.C. 201–211, provide ade- tested the Black Rhino bullet; thus, I gram should be allowed to continue.∑ quate safeguards against conflicts of am not sure that this ammunition can interest involving Federal Government do what the manufacturer claims. In- By Mr. KYL (for himself and Mr. employees.’’ deed, ATF has not even been given MCCAIN): Secretary Shalala went on to note S. 199. A bill to repeal certain provi- sample ammunition to test. Therefore, that, ‘‘in addition, the bill could im- I am not certain that this ammunition sions of law relating to trading with prove the ability of IHS to recruit and Indians; to the Committee on Indian even exists. However, even if these bul- retain medical professional employees lets do not perform as advertised, it is Affairs. in remote locations. It is more difficult clear that with the downsizing of the REPEAL OF INDIAN TRADING LAWS for IHS to recruit and retain medical military and the resulting application Mr. KYL. Mr. President, I rise today professionals to work in remote res- by the defense industry of military de- with my colleague from Arizona, JOHN ervation facilities if their spouses are MCCAIN, to introduce legislation to re- prohibited from engaging in business fense technology for use in the private peal the outdated Trading with Indians activities with the local Indian resi- sector, it is only a matter of time be- Act. dents, particularly since employment fore ammunition that can pierce body Originally enacted in 1834 with a le- opportunities for spouses are often armor will be developed utilizing con- gitimate purpose in mind, the Trading very limited in these locations. struction material that does not fall with Indians Act was intended to pro- Mr. President, I urge Members of the within the current Federal ban. tect native Americans from being un- Senate to join me in this effort to Mr. President, every year about 60 duly influenced by Federal employees. promptly repeal an outdated and coun- sworn police officers are shot to death But that act is no longer needed, and terproductive law, and I ask that the in the line of duty. By industry esti- is in many cases unnecessarily punitive text of my bill be reprinted in the mates, body armor has saved over 500 and counterproductive, in 1995. It is RECORD at this point: officers from death or serious injury by wreaking havoc on hard-working em- There being no objection, the bill was firearm assaults. Most police officers ployees and their families, and it is bad ordered to be printed in the RECORD, as serving large jurisdictions report they for reservation economies. follows: have armor and wear it at all times The act establishes a virtually abso- S. 199 when on duty. Mr. President, because lute prohibition against commercial Be it enacted by the Senate and House of Rep- body armor saves lives, the develop- trading with Indians by employees of resentatives of the United States of America in ment of armor-piercing bullets that the Indian Health Service and Bureau Congress assembled. sidestep the Federal ban—whether it be of Indian Affairs. The prohibition ex- SECTION 1. REPEAL. the Black Rhino bullet or any other tends to transactions in which a Fed- Section 437 of title 18, United States Code, bullet employing high-technology ma- eral employee has an interest, either in is repealed. terial—will serve one purpose and one his or her own name, or in the name of By Mr. BRADLEY (for himself, purpose only—to put the lives of Amer- another person, including a spouse, ican citizens and those in blue sworn to where the employee benefits or appears Mr. KOHL, and Mr. SIMON): defend American citizens in jeopardy. to benefit from such interest. S. 200. A bill to amend title 18, Unit- As a result, Mr. President, I intro- The penalties for violations are se- ed States Code, to regulate the manu- duce this bill which will establish a vere: a fine of not more than $5,000, or facture, importation, and sale of any imprisonment of not more than 6 projectile that may be used in a hand- performance standard such that any months, or both. The act further pro- gun and is capable of penetrating po- ammunition that is designed to pene- vides that any employee in violation be lice body armor; to the Committee on trate body armor will be banned irre- terminated from Federal employment. the Judiciary. spective of its physical characteristics. This can result in an employee being COP KILLER AMMUNITION BAN ACT The bill specifically directs the Depart- subject to criminal penalties and ter- Mr. BRADLEY. Mr. President, I rise ment of the Treasury and the Justice mination, not for any real or perceived today to introduce a measure designed Department to promulgate a uniform wrongdoing on his or her own part, but to ban any handgun bullet capable of performance standard for testing a bul- merely because the person is married piercing body armor, regardless of the let’s capacity to pierce armor within 1 to another enterprising individual on bullet’s physical composition. year of the enactment of the bill. The an Indian reservation. The nexus is Mr. President, this legislation grows manufacture, importation, and sale of enough to invoke penalties. It means, out of the recent controversy over the any ammunition that fails to pass the for example, that an Indian Health Black Rhino bullet, which allegedly performance standard to be promul- Service employee, whose spouse oper- penetrates tightly woven fibers of bul- gated will be banned. ates a law firm on the Navajo Nation, letproof vests and, upon impact with Mr. President, cop-killing ammuni- could be fined, imprisoned, and/or fired. human tissue, purportedly disinte- tion that has no purpose other than It means that a family member can’t grates much more rapidly than a con- penetrating bulletproof vests has no apply for a small business loan without ventional bullet, causing massive dam- place in our society. At a time when jeopardizing the employee’s job. age. gun violence is becoming a national The protection that the Trading with Mr. President, Federal law currently epidemic, the last thing we need is am- Indians Act provided in 1834 can now be outlaws cop-killer bullets based on the munition expressly designed to terror- provided under the Standards of Ethi- physical description of the bullet. For ize our police and instill fear in neigh- cal Conduct for Government Employ- example, under the Violent Crime Con- borhoods across New Jersey and this ees. The intent here is to provide ade- trol and Law Enforcement Act of 1994, country. I therefore introduce this leg- quate safeguards against conflicts of Federal law currently bans cop-killing islation to ensure that the 24,000 an- interest, while not unreasonably deny- ammunition that is: constructed from nual deaths attributable to handgun ing individuals and their families the one or a combination of tungsten al- use do not senselessly increase. ability to live and work—and create loys, steel, iron, brass, bronze, beryl- Mr. President, I ask unanimous con- jobs—in their communities. lium copper or depleted uranium; or is sent that the text of the bill be printed Both Health and Human Services larger than .22 caliber with a jacket in the RECORD. Secretary Donna Shalala and Interior that weighs no more than 25 percent of There being no objection, the bill was Department Assistant Secretary for In- the total weight of the bullet. The ordered to be printed in the RECORD, as dian Affairs Ada Deer have expressed Black Rhino bullet is allegedly made of follows: S 800 CONGRESSIONAL RECORD — SENATE January 11, 1995 S. 200 Federal prisons, but surely they are for juveniles, misdemeanants, and pre- Be it enacted by the Senate and House of Rep- among the worst. trial detainees. resentatives of the United States of America in There is no option but to close Part two of the bill sets up a commis- Congress assembled, Lorton. sion of locally appointed representa- SECTION 1. SHORT TITLE. The legislation we are introducing tives from the District of Columbia, This Act may be cited as the ‘‘Cop Killer today would relocate 7,300 prisoners Fairfax County and Prince William Ammunition Ban Act of 1995’’. presently incarcerated at Lorton to County to help devise a plan for closure SEC. 2. REGULATION OF THE MANUFACTURE, IM- other Federal facilities over a 5-year of the facility, disposal of the property, PORTATION, AND SALE OF PROJEC- TILES THAT MAY BE USED IN A period. Once the legislation is passed, and future land use. This creates a HANDGUN AND ARE CAPABLE OF all new District of Columbia felons will process that maximizes community in- PENETRATING POLICE BODY be immediately incarcerated in Bureau volvement, input and participation in ARMOR. of Prisons facilities. The District of Co- inherently local decisions. (a) EXPANSION OF DEFINITION OF ARMOR lumbia Department of Corrections will PIERCING AMMUNITION.—Section 921(a)(17)(B) Under this plan, northern Virginians of title 18, United States Code, is amended— still have responsibility for juveniles, will have safer communities and will (1) by striking ‘‘or’’ at the end of clause (i); misdemeanants, and pre-trial detain- be able to participate in the develop- (2) by striking the period at the end of ees. ment of future land use proposals for clause (ii) and inserting ‘‘; or’’; and A second important provision of the the affected area. (3) by adding at the end the following: legislation is the establishment of a Since the land is owned by the Fed- ‘‘(iii) a projectile that may be used in a commission to be known as the Com- eral Government and the facility is op- handgun and that the Secretary determines, mission on Closure of the Lorton Cor- erated by the District, local officials pursuant to section 926(d), to be capable of rectional Complex. The commission and residents in northern Virginia have penetrating body armor.’’. will be comprised of locally appointed (b) DETERMINATION OF THE CAPABILITY OF had limited means of impacting the de- representatives to help devise a plan PROJECTILES TO PENETRATE BODY ARMOR.— cisions relative to Lorton. That’s why I Section 926 of such title is amended by add- for the closure of Lorton. The involve- included a provision giving local resi- ing at the end the following: ment of the local community is essen- dents and officials a voice in expansion ‘‘(d)(1) Not later than 1 year after the date tial in establishing a transition that proposals during last year’s crime bill. of enactment of this subsection, the Sec- ensures that local residents will have But limiting expansion just isn’t retary shall promulgate standards for the all their concerns heard. enough—I’ve come to the conclusion uniform testing of projectiles against the I have been informed by a representa- Body Armor Exemplar, based on standards that the Federal Government must active of the Federal Bureau of Prisons cept its responsibility and devise a developed in cooperation with the Attorney that at this time the Bureau is not tak- General of the United States. Such standards longterm solution. shall take into account, among other facing a position on the legislation. The We have before us an honest and open tors, variations in performance that are re- 7,300 prisoners at Lorton will be a attempt to provide a vital remedy for lated to the length of the barrel of the hand- stress on the Federal prison system. the longstanding problems at Lorton. gun from which the projectile is fired and Sixty percent of the prisoners at Closing this facility will not be easy— the amount and kind of powder used to pro- Lorton will require being transferred but I look forward to working with the pel the projectile. to a maximum security prison. Also, ‘‘(2) As used in paragraph (1), the term Virginia delegation and the District to several new prisons will need to be con- develop a reasonable and sound solu- ‘Body Armor Exemplar’ means body armor structed to house the prisoners along that the Secretary, in cooperation with the tion to the problems posed by the Attorney General of the United States, de- with the additional personnel needed to Lorton facility in its present condition. termines meets minimum standards for pro- operate and maintain the prisons. I urge quick consideration and passage tection of law enforcement officers.’’. It is in the interest of Fairfax Coun- of this measure.∑ ty, the Commonwealth of Virginia, the By Mr. WARNER (for himself and District of Columbia, and the Federal By Mr. KENNEDY (for himself Mr. ROBB): Government to cooperate in resolving and Mr. WELLSTONE): S. 201. A bill to close the Lorton Cor- the problems at Lorton Prison. As S. 203. A bill to amend the Fair Labor rectional Complex, to prohibit the in- partners, contributing to the reform of Standards Act of 1938 to increase the carceration of individuals convicted of this system, these goals can be accom- Federal minimum wage, to establish a felonies under the laws of the District plished. ∑ Commission to conduct a study on the of Columbia in facilities of the District Mr. ROBB. Mr. President, I am ∑ indexation of the Federal minimum of Columbia Department of Correc- pleased to join Senator WARNER in in- wage, and for other purposes; to the tions, and for other purposes; to the troducing the Lorton Correctional Committee on Labor and Human Re- Committee on the Judiciary. Complex Closure Act. This legislation sources. LORTON CORRECTIONAL COMPLEX CLOSURE provides a vital solution to the prob- LEGISLATION lem associated with the Lorton Correc- AMERICAN FAMILY FAIR MINIMUM WAGE ACT ∑ Mr. WARNER. Mr. President, today I tional Complex, located in Virginia. Mr. KENNEDY. Mr. President, much join with my colleague Senator ROBB Originally, Lorton was designed as a has been said and written about the de- in introducing legislation that will ad- workcamp and dormitory for cline in real wages suffered by the ma- dress the problems that exist at the misdemeanants and drunkards. Today, jority of working Americans, the trou- Lorton Correctional Complex. Lorton’s facilities are outmoded and bling rise in income equality, and the Lorton Correctional Complex is an overburdened. The same dormitories emergence of what Secretary of Labor outdated, deteriorating, overpopulated, which were designed to hold non- Reich has so aptly described as ‘‘the and undermanaged facility. violent, minimum security prisoners anxious class.’’ For years, I and others have worked now house D.C.’s most dangerous fel- Today, I am introducing legislation to provide funds to build a prison with- ons. In its strapped fiscal state, the which is an important part of the ini- in the District of Columbia so it could District is ill-equipped to improve the tiatives we must undertake if we are house its own prisoners. Our efforts facility at Lorton. serious about addressing these prob- have been blocked in the District of Part one of our proposal will direct lems—legislation to increase the Fed- Columbia and our efforts to enhance new D.C. felons into Federal correction eral minimum wage. safety and curb illegal drugs and guns facilities, providing an immediate rem- The minimum wage should be a liv- at Lorton have been to no avail. edy for increased overcrowding. Then, ing wage. That principle served this Every day, the local newspapers are within 5 years, all remaining felons at Nation well for more than 40 years. filled with appalling reports of violence Lorton will be turned over to the con- From the enactment of the first Fed- and drug use among the inmates and trol of the Director of the Federal Bu- eral minimum wage law in 1938 through the place has been called a graduate reau of Prisons, enabling final closure the end of the 1970’s, Congress ad- school for drug merchants. Lorton’s of the facility. The D.C. Department of dressed the issue six times. And six problems may not be unique among Corrections will retain responsibility times bipartisan majorities—with the January 11, 1995 CONGRESSIONAL RECORD — SENATE S 801 support of both Republican and Demo- ory that increases in the minimum (1) STUDY.—The Commission shall conduct cratic Presidents—reaffirmed the na- wage necessarily result in job losses a study of, and make recommendations to tion’s commitment to a fair level of has never had solid empirical support. Congress on— the minimum wage for America’s Recent studies by leading economists (A) means to restore the minimum wage to the level relative to the average hourly wage workers. who examined the results of the most that existed when the Congress adjusted the But in the 1980’s, that commitment recent increases in both State and Fed- minimum wage during the period 1950 was abandoned. From 1981 through 1989, eral minimum wages have shown the through 1980; and the minimum wage was allowed to fall, theory to be at odds with reality. (B) means to maintain such level with min- in real terms, to the lowest value in its Economists Lawrence Katz of Har- imum disruption to the general economy 50-year history. The modest increases vard University and Alan Krueger and through regular and periodic adjustments to enacted in 1989—which brought the David Card of Princeton University the minimum wage rate. minimum wage up from $3.35 to $3.80 in studied the impact of those increases (2) REPORT.—Not later than September 1, 1990 and to $4.25 in 1991, provided some 1993, the Commission shall prepare and sub- on employment. According to their mit a report to the appropriate committees measure of relief to low-wage workers. findings, those increases did not have of Congress that shall include the findings of But those increases restored only the negative employment effects pre- the Commission and the recommendations about half of the purchasing power lost dicted by opponents. In fact, their find- described in paragraph (1). during the 1980’s ings included evidence indicating a (d) COMPENSATION OF MEMBERS.— It is unacceptable in this country positive impact on employment. (1) PAY.—The members of the Commission today that a person who works full- A survey designed to measure the ef- shall serve without compensation. time, year round at the minimum fects of the recent increase in the New (2) TRAVEL EXPENSES.—The members of the Commission shall be allowed travel expenses, wage—even with the expanded earned Jersey minimum wage to $5.05 found income tax credit—does not earn including per diem in lieu of subsistence, at that employment in New Jersey if any- rate authorized for employees of agencies enough to bring a family of three above thing actually expanded with the rise under subchapter I of chapter 57 of title 5, the poverty line. Despite the increases in the minimum wage, and similar re- United States Code, while away from their that went into effect in 1990 and 1991, sults were found in a studies conducted homes or regular places of business in the the current minimum wage is still a in Texas and California. performance of services for the Commission. poverty wage. At $4.25 an hour, a per- Krueger and Card’s analysis of the (e) TERMINATION OF THE COMMISSION.—The son working 40 hours a week at the impact of the 1990 and 1991 increases in Commission shall terminate 30 days after the minimum wage earns just $170 a week— date on which the Commission submits the the Federal minimum wage also found report under subsection (c)(2). before taxes and Social Security are that those increases did not adversely deducted. (f) APPLICABILITY OF THE FEDERAL ADVI- affect teenage employment, and that SORY COMMITTEE ACT.—Except as provided in The legislation I am introducing increases in the minimum wage were subsections (d) and (e), the provisions of the today will raise the minimum wage by not offset by reductions in fringe bene- Federal Advisory Committee Act shall apply 50 cents a year over the next 3 years— fits. to the Commission. to $4.75 this year, $5.25 in 1996, and $5.75 The increases proposed in this bill ∑ Mr. WELLSTONE. Mr. President, I in 1997. will bring long overdue help to millions just wanted to acknowledge the work The first 50-cent increase will merely of workers in America. I urge my col- of Senator KENNEDY in crafting this restore the minimum wage, in real leagues to sponsor this legislation, and important legislation which we are in- terms, to the value it had in 1991 when I ask unanimous consent that the text troducing today to increase the Fed- the last increase went into effect. In of the bill be printed in the RECORD. eral minimum wage. the past 4 years the purchasing power There being no objection, the bill was I had introduced a similar bill in the of the minimum wage has already de- ordered to be printed in the RECORD, as last Congress, which would have in- clined to the point that a 50-cent in- follows: creased the minimum wage even fur- crease is needed just to recover the S. 203 ther than is provided for in this bill, ground lost since 1991. and have been a long-time supporter of The second 50-cent increase, in 1996, Be it enacted by the Senate and House of Rep- resentatives of the United States of America in making sure that low-income people will bring the minimum wage, in real Congress assembled, are paid a decent and just minimum terms, up to the level where Congress SECTION 1. SHORT TITLE. wage. I may be reintroducing that bill sought to put it in the legislation This Act may be cited as the ‘‘American later this year, because in addition to a passed by both Houses of Congress Family Fair Minimum Wage Act of 1995’’. higher target wage, it also provided for which President Bush vetoed in 1989. SEC. 2. MINIMUM WAGE INCREASE. indexing of the Federal minimum The third 50-cent increase will put Paragraph (1) of section 6(a) of the Fair wage—a key element of any minimum the wage, in real terms, within reach of Labor Standards Act of 1938 (29 U.S.C. wage increase legislation, in my view. what ought to be our ultimate goal—to 206(a)(1)) is amended to read as follows: This measure provides for modest, in- restore the minimum wage to a level ‘‘(1) except as otherwise provided in this section not less than— cremental increases over 3 years in the roughly equal to half the average hour- Federal minimum wage, and then for a ly wage, the level that prevailed for ‘‘(A) $4.25 an hour during the period ending on August 31, 1995; study to be ready at the end of the decades until the 1980’s when it was al- ‘‘(B) $4.75 an hour during the year begin- third year to address other key issues lowed to drastically decline. ning on September 1, 1995; like indexation. I am delighted to join Finally, the legislation I am intro- ‘‘(C) $5.25 an hour during the year begin- as an original cosponsor of this meas- ducing creates a Commission to study ning September 1, 1996; and ure.∑ and make recommendations on two im- ‘‘(D) $5.75 an hour during the year begin- portant issues: First, the best means by ning September 1, 1997;’’. By Mr. MOYNIHAN: which we can achieve the goal of re- SEC. 3. ESTABLISHMENT OF COMMISSION ON S. 204. A bill to provide for a reform storing the minimum wage to its his- THE MINIMUM WAGE. of the public buildings program, and toric level, and second, the best means (a) ESTABLISHMENT.—There is established a commission to be known as the Commission for other purposes; to the Committee by which we can provide regular, peri- on the Minimum Wage (hereafter in this Act on Environment and Public Works. odic adjustments to the wage, in order referred to as the ‘‘Commission’’). to avoid long periods of stagnation (b) MEMBERSHIP.—The Commission shall be FEDERAL BUILDINGS REFORM ACT such as occurred during the 1980’s. composed of 9 members to be appointed not Mr. MOYNIHAN. Mr. President, I rise As we begin this effort to increase later than 180 days after the date of enact- to introduce a bill to reform the way the minimum wage, it is likely that we ment of this Act as follows: the Federal Government builds. Ever will be confronted by opponents with (1) Three members shall be appointed by since my election to Congress, I have the same sky-is-falling predictions of the Secretary of Labor. attempted to improve our unwieldy (2) Three members shall be appointed by job loss and damage to the economy the Secretary of Commerce. and often wasteful public building pro- that have been made every time the (3) Three members shall be appointed by gram. I do so again this Congress. minimum wage has been increased the Secretary of Health and Human Services. Building appropriately and well is as since 1938. The textbook economic the- (c) DUTIES OF THE COMMISSION.— fundamental a sign of the competence S 802 CONGRESSIONAL RECORD — SENATE January 11, 1995 of government as will be found. Re- LEGISLATION RELATING TO THE PAY OF DISHON- bowling alley in 1990. Some of that cently, however, we have chosen in- ORABLY DISCHARGED MEMBERS OF THE ARMED money may well have paid for the creasingly to rent, avoiding the up- FORCES weapon he used to shoot at the White front costs of buildings and the hard ∑ Mrs. BOXER. Mr. President, if I were House. decisions requisite in their construc- to tell you that the Pentagon pays full This policy is crazy, and it has got to tion. salary to convicted child molesters, stop. The result is that now we house over rapists, and murderers, you would At a time when the Republican Con- 40 percent of the Government in leased probably think I was making it up. But tract With America calls for more dol- space. Not temporary space. Eternal I’m not. lars for the Pentagon, let’s not go back space. And the cost? Now, $2.2 billion a Each month, the Pentagon pays the to the days of throwing money at the year and rising. There will be nothing salaries of military personnel con- military as long as this kind of waste- to show for this money when the lease victed of the most heinous crimes, ful spending continues. is up, only the prospect of another while their cases are appealed through This legislation will immediately lease. the military court system—a process halt pay to all military personnel who The point is that we can no longer af- than often takes years. During that have been sentenced to confinement ford to sidestep the problem by rent- time, these violent criminals can sit and dishonorable discharge. ing; we must face up to the task of back in prison, read the Wall Street This legislation will save the tax- building. And to do this, we must re- Journal, invest wisely, and watch their payers money—millions of dollars each taxpayer-funded nest eggs grow. While form our public building program. We year. It will put an end to this egre- in prison, many military criminals must plan out rationally just what gious waste of taxpayer dollars, and it even get cost of living raises. buildings we need, we must build them will treat military criminals as they I cannot think of a more reprehen- in the right place, we must build them deserve to be treated—as criminals—to sible way to spend taxpayer dollars. No at the right time, we must build them be punished, not rewarded. explanation could ever make me under- to the degree of permanence appro- It is my hope that this legislation stand how the military could reward priate to their mission, and finally, we can be acted upon quickly. I have dis- rapists, murders, and child molesters— must build them for a fair price. We are cussed this matter with Edwin Dorn, the lowest of the low—with the hard- not really that distant from the time it Undersecretary of Defense for Person- earned tax dollars of law-abiding citi- nel and Readiness, and he agreed that fell to me as a young member of the zens. This policy thumbs its nose at we must correct the Department’s ob- Kennedy administration to draw up the taxpayers, slaps the faces of crime vic- ‘‘Guiding Principles for Federal Archi- tims, and is one of the worst examples viously flawed policy. tecture,’’ which President Kennedy put of Government waste I have seen in my I received a copy of a memorandum forth on June 1, 1962. But in our time 20 years of public service. from Secretary Dorn today advising me the fear of taxpayer resentment of the Congress must act now to end this that he has convened an internal work- cost of public buildings has been practice. According to data provided by ing group on this issue, and I trust that compounded with an almost ideological the Defense Finance Accounting Serv- we can work cooperatively to end this alarm at the implications of building ice and first published in the Dayton outrageous practice immediately. We itself. Daily News, the Department of Defense must not drag out the process while Building, however, is still cheaper spent more than $1 million on the sala- criminals continue to reap unjust re- than renting. We are deceiving the tax- ries of 680 convicts in the month of wards. payer to say otherwise. Recently, the June, 1994, alone. In that month, the There is no need to take a long time GSA came to the Environment and Pentagon paid the salaries of 58 rap- to study this issue. We know the prob- Public Works Committee asking for ists, 164 child molesters, and 7 murders, lem, and this legislation offers a work- 11th-hour approval of an office space among others. able solution. lease at a yearly cost of $21 million. To The individual stories of military I will soon discuss the issue with build would have cost $70–$100 million. criminals continuing to receive full Senator THURMOND and Senator NUNN This, however, was a lease in name pay are shocking. In California, A ma- and I trust that they will agree that only, cast as such to avoid up-front rine lance corporal who beat his 13- this legislation deserves to move for- scoring for the budget. The building month-old daughter to death almost 2 ward. had yet to be designed, the GSA had years ago still receives $1,105 each In the course of my investigation not fully planned the space, and yet month—about $25,000 since his convic- into this issue, I have learned of sev- they were asking approval for an ex- tion. He spends his days in the brig at eral other aspects of the military jus- penditure over the term of the lease of Camp Pendleton, doesn’t pay a dime of tice system that merit further inves- $420 million. Several times the cost of child support. tigation. For example, the military has building and nothing to show for it I spoke with the murdered child’s no system in place for providing res- after 20 years but a file full of rental grandmother who now has custody of a titution or other needed compensation receipts. surviving 4-year-old grandson. She is a to victims or to families of military Nevertheless, the decision to stop resident of northern California. She criminals. These are important prob- hiding behind leases is beyond the was outraged to learn that the mur- lems and I will continue to work with scope of the legislation I introduce derer of her grandchild still receives my colleagues and the Department to today, which aims simply to ensure full pay. ‘‘No wonder the Government find the best solution. that what is built is built responsibly is out of money,’’ she told me. I ask unanimous consent that two and worthy of the Nation. Building or Another Air Force sergeant who tried news articles discussing this issue be leasing is the larger question, and it re- to kill his wife with a kitchen knife inserted in the RECORD. mains to be seen whether this Congress continues to receive full pay while I ask unanimous consent that the will accept the responsibility or, as is serving time at Fort Leavenworth. He full text of the bill be printed in the so often the case, put off resolution to told the Dayton Daily News, ‘‘I follow RECORD. the end of a 20-year lease term, when the stock market; I buy Double E There being no objection, the mate- few, if any of us, will be here still. bonds.’’ rial was ordered to be printed in the And believe it or not, Francisco RECORD, as follows: By Mrs. BOXER: Duran, who was arrested last October S. 205 S. 205. A bill to amend title 37, Unit- after firing 27 shots at the White House Be it enacted by the Senate and House of Rep- ed States Code, to revise and expand was paid by the military while in pris- resentatives of the United States of America in the prohibition on accrual of pay and on after being convicted of aggravated Congress Assembled, allowances by members of the Armed assault. According to DOD records, SECTION 1. PAY AND ALLOWANCES. Forces who are confined pending dis- Duran was paid $17,537 after his convic- (a) REVISION OF PROHIBITION.—(1) Section honorable discharge; to the Committee tion for deliberately driving his car 804 of title 37, United States Code, is amend- on Armed Services. into a crowd of people outside a Hawaii ed to read as follows: January 11, 1995 CONGRESSIONAL RECORD — SENATE S 803 ‘‘§ 804. Prohibition of accrual of pay and al- [From the Dayton Daily News, Dec. 18, 1994] Jones chased his wife around their apart- lowances during confinement pending dis- CASHING IN BEHIND BARS—U.S. MILITARY BE- ment at Holloman Air Force Base, N.M., honorable discharge LIEVES IN PAYING SOLDIERS, SAILORS IT with a knife, stabbing her several times as ‘‘(a) PAY AND ALLOWANCES NOT TO AC- SENDS TO PRISON she warded off the swinging blade with her CRUE.—A member of the armed forces sen- (By Russell Carollo and Cheryl L. Reed) hands. ‘‘That’s how my fingers and hands were tenced by a court-martial to a dishonorable Andre D. Carter choked and raped a cock- discharge is not entitled to pay and allow- tail waitress in his Colorado Springs apart- cut,’’ Deborah Jones told an Air Force inves- ances for any period during which the mem- ment. He went to prison but still was paid tigator the day after the Oct. 7, 1991, attack. ber is in confinement after the adjournment $20,788. ‘‘When Rossel stabbed me in the neck, I man- of the court-martial that adjudged such sen- James R. Lee sodomized three teen-age aged to bend the knife and take it away. tence. boys in Illinois, and he was paid even more: ‘‘. . I fell down and passed out. When I ‘‘(b) RESTORATION OF ENTITLEMENT.—If a $85,997. awoke, Rossel was hitting me in the head sentence of a member of the armed forces to Rodney G. Templeton molested a 4-year- and body with a table leg.’’ dishonorable discharge is disapproved, miti- old girl in the basement of a Dayton church, Jones was convicted nearly three years gated, or changed by an official authorized where the two had gone to hang choir robes. ago, but the Air Force still pays him $1,152.90 to do so or is otherwise set aside by com- He was paid $148,616. a month. petent authority, the prohibition in sub- Carter, Lee and Templeton were paid by From inside the prison, Jones watches his section (a) shall cease to apply to the mem- U.S. taxpayers. government pay grow. ber on the basis of that sentence and the They didn’t work for the money. ‘‘I follow the stock market,’’ said Jones, member shall be entitled to receive the pay They didn’t need to. They committed their who reads stock and mutual fund listings in and allowances that, under subsection (a), crimes while members of the U.S. armed the Wall Street Journal and USA Today. ‘‘I buy did not accrue to the member by reason of forces. Double E Bonds.’’ that sentence.’’. They are among hundreds of murderers, A SYSTEM FROM THE OLD WEST (2) CLERICAL AMENDMENT.—The item relat- rapists, child molesters and other criminals ing to section 804 in the table of sections at paid by the armed services long after being Paying convicted criminals is just one of the beginning of chapter 15 of such title is locked away. the many anomalies in the military justice amended to read as follows: A Dayton Daily News examination of pay- system. At a court-martial, the military’s version ‘‘804. Prohibition of accrual of pay and allow- ments to military convicts found that in just one month, June, the military spent more of a trial, a defendant is not judged by peers; ances during confinement pend- he’s judged by superiors, mostly officers. ing dishonorable discharge.’’. than $1 million in pay and benefits to more than 665 prisoners in military jails and pris- Panel members don’t elect a foreman; it’s (b) PROSPECTIVE APPLICABILITY.—The ons. Some even got pay raises behind bars. the highest-ranking officer. amendment made by subsection (a)(1) does Most of Congress was unaware the military And just about every step in the justice not apply to pay periods beginning before the paid prisoners. Even the military had no idea process is subject to approval of the defend- date of the enactment of this Act. exactly how much it paid, but the newspaper ant’s commanding officer, who often is not a calculated payments by using military com- lawyer. No one knows exactly how long the mili- [From the Dayton Daily News] puter records. ‘‘Any type of pay to convicted criminals is tary has paid criminals. WHITE HOUSE SHOOTER’S PAST—EX-SOLDIER wrong,’’ said District Attorney John Wam- Col. Charles Trant, a military law histo- DURAN KEPT HIS PAY WHILE IN PRISON IN 1991 pler of Altus, Okla., after learning a service rian and the Army’s chief criminal attorney, member from his area was paid despite a 1992 said the first formal summary of the policy (By Russell Carollo) involuntary manslaughter conviction. ‘‘It of- was written in 1880. Soldiers served in re- Two years before he opened fire on the fends me that the federal government would mote outposts and when they were sent to White House, Spc. Francisco M. Duran was compensate the person after they’ve been jail, their families needed money to return on the U.S. Army’s payroll sent to prison.’’ home and resettle. Not as a soldier, but as a prison inmate. Had Carter, Lee or Templeton worked for ‘‘The rationale is the same one we use On Aug. 9, 1990, Duran deliberately drove nearly any other public or private employer, today,’’ said Trant, who conceded the prac- his red Nissan sedan into a crowd of people they would have been fired and lost their sal- tice is outdated. ‘‘It was quite a different who had chased the drunken soldier from the aries. But the U.S. military, supporting a Army then.’’ bowling alley at Schofield Barracks on Oahu tradition dating to the old West, believes if Generally, civilians, even ones working for in Hawaii. it sends soldiers or sailors to prison it the government, lose their jobs when they Cecilia Ululani Ufano, 49, was tossed in the should, in many cases, pay them. cannot report to work. Some lose their pay air and fractured her skull when she landed. Their victims aren’t so lucky. Several were even without an arrest. Duran was convicted of aggravated assault left without a dime to pay medical expenses, ‘‘That’s one of the starkest differences be- on Feb. 15, 1991, and sentenced to five years while their attackers got paychecks to pay tween the military and civilian systems: We in prison, but the military kept paying him bills, start a business or even buy stocks. tend to treat them more generously,’’ Trant until June 1992. In all, he earned, $17,537 after While the military kept paying Carter, the said. his conviction. waitress’s boss cut off her pay because she On Aug. 16, Dayton police officer Danial A military court had ordered his pay to could not muster the courage to return to Bell was suspended without pay—even stop, but Duran wrote to a commander hear- her job, where she met Carter. though not arrested or charged—when a ing his appeal, pleading for a paycheck to ‘‘No, they shouldn’t get paid, but what can urine test detected cocaine in his system help his family. you do about it?’’ she said, adding that she after he struck and killed a pedestrian. ‘‘Rent is outrageous in Hawaii * * *,’’ he has yet to see a counselor. Most state and federal benefits, so-called wrote. ‘‘We still owe on our car.’’ Ret. Gen David Brahms, former chief mili- entitlements, are cut to people in prison. The commander allowed Duran to keep tary attorney for the Marine Corps and tech- The federal government cuts the bulk of a some of his pay. nical adviser for the movie, A Few Good Men, defendant’s Social Security benefits at con- His five-year sentence would have kept said victims should get something. viction. It even cuts off workers compensa- him in prison until 1995, but a commander ‘‘Unfortunately, that isn’t the way it is tion to federal employees convicted of felony suspended all but 42 months of his sentence. now,’’ Brahms said. ‘‘Maybe the Congress crimes. By Sept. 3, 1993, he had been discharged should address that question.’’ The military cuts off pay, too, when an from the service and released from prison BEHIND THE WALLS employee is jailed by civilian authorities. early for good behavior. At the military maximum-security prison When Colorado Springs police arrested Last month, Duran, 26, was charged with at Fort Leavenworth, Kan., 405 prisoners, or Carter for rape and held him pending action trying to assassinate President Clinton. He 30 percent of the prison population, were al- by military authorities, the Army stopped faces life in prison if convicted. lowed by military courts to keep their pay his pay. He was arrested Oct. 29 after he, allegedly up to several years. But after Carter was transferred to an fired 27 rounds from a semiautomatic rifle at Besides the pay, the military gave to the Army jail, his pay started again, as if he the White House. Authorities reportedly re- dependents of those inmates, and to the de- were back on duty. covered from his truck a map with the words pendents of others throughout the country, Not all governments pay their military ‘‘Kill the (prez)’’ written on it. free medical coverage and 20–30 percent dis- prisoners. With rare exception, the Canadian While the Army paid Duran, it gave Ufano counts at base stores. military stops checks the moment a soldier nothing. Insurance didn’t pay all of her med- Those who got checks included 164 child is arrested by anyone. If a soldier’s family ical bills. molesters and child rapists, 58 other rapists, requests help, the military will only give ‘‘I’m angry about it,’’ she said during a 11 convicted of attempted murder and seven them as much as they could receive from telephone interview. ‘‘I’m still under medica- convicted murderers. government welfare. tion. * * * I can’t smell, and it’s been four They include people such as Air Force Sgt. ‘‘This rule would apply even if they years.’’ Rossel Jones. haven’t been tried,’’ said Maj. Ric Jones, S 804 CONGRESSIONAL RECORD — SENATE January 11, 1995 spokesman at Canadian Defence Head- He was convicted in 1992 of five counts of received more than $1,700 a month, he didn’t quarters in Ottawa. molesting young women who came to his Air send regular support payments to her. Force recruiting office in Youngstown, Ohio. The military also often doesn’t verify a A CHECK FOR EVERY CELL ‘‘He asked me if I had been checked for sco- family needs the money before granting pay. On Nov. 9, 1991, a mother told military po- liosis,’’ an 18-year-old woman told a military Unlike in civilian courts, sentencing be- lice at Wright-Patterson Air Force Base that court in 1992. ‘‘. . . He told me to drop my gins immediately after conviction in courts- Sgt. 1st Class Claudio Smith-Esminez mo- pants three-to-four inches below from where martial, leaving little time for the prosecu- lested her 7-year-old daughter several times they were from my waist and bend over and tors to verify a defendant’s claim of needing while baby-sitting. pull up my shirt.’’ money to support his family. The military’s investigation took 20 Higgins told another 18-year-old to take off ‘‘The government virtually never goes months, during which time Smith-Esminez her jump suit, and then he ran ‘‘his hand up back and tries to rebut that,’’ said Col. earned his full pay of about $2,000 a month, and down her back from her neck to her but- Trant, who spent 61⁄2 years as an Army judge plus housing and food allowances. tocks,’’ the woman told military authorities. before becoming the service’s chief criminal ‘‘We had all these pre-trial meetings. She ‘‘He said he had to get a measurement of attorney. had to keep talking about it,’’ said the girl’s my body fat,’’ the woman said during an Even though his wife earned $17,000 a year mother, who lives in Dayton. interview. ‘‘We all felt so stupid because we and even though his family had four cars, On July 12, 1993, Smith-Esminez was con- fell for this guy. two boats, a motorcycle and lived in a victed of molesting the girl four times, and ‘‘Why should he get paid? . . . That’s ridic- $110,000 home, the military paid Lt. Col. his rank was reduced to the lowest in the ulous. I can’t believe it.’’ Templeton. military, E–1, with a salary of about half of Since he was convicted and sentenced to Templeton, who helped oversee a $28-bil- what he was earning. four years in prison, Higgins has earned lion weapons program at Wright-Patterson, Still, Smith-Esminez got all his pay be- $25,499 pay from the Air Force. pleaded guilty in March 1992 to 10 acts of cause military convicts receive full pay until FAMILY MATTERS child molestation involving girls, including their first appeals are decided by command- In his appeal for pay and a light sentence, the Dayton child. ers. Smith-Esminez first appeal wasn’t de- Higgins’ attorney asked the court to con- In his plea for clemency, Templeton asked cided until March 1994, eight months after sider ‘‘his family, his wife, his three young the court to consider his family’s financial his conviction and 28 months after authori- children . . . all the Saturdays that his boys needs. Since he confessed three years ago, ties began their investigation. wouldn’t be able to go to McDonald’s for this Templeton has earned $148,616 and he still Of the 367 inmates arriving at Leavenworth special time with their father.’’ gets $4,739.40 a month, which includes a pay during the past 12 months, 270, or 73.6 per- The prosecutor made a different plea. raise of $102 a month he received in January. cent, were awaiting decisions by command- ‘‘While he’s in jail, he shouldn’t be paid. He’s His family is supposed to get about $1,800 of ers on their first appeals. no longer a productive member of the Air it for support. Even the military is questioning the prac- Force . . . It’s not the Air Force’s respon- The Canadian military stops pay to people tice. A Pentagon spokesman, Lt. Col. Doug sibility to take care of his family. like Templeton. Hart, confirmed that the military is study- ‘‘It was Sgt. Higgins’ responsibility. And In Canada, an ‘‘assisting officer’’ ensures ing whether to stop pay at conviction, but he when he decided to do what he did over that the family needs money. The family’s need offered no details. period of time, he reneged on that respon- and other sources of income also are inves- ‘‘At this point, we really don’t have any- sibility.’’ tigated by provincial welfare officials, who body who is willing to be interviewed on the The court sided with Higgins. recommended an amount the military should subject.’’ Hart said. The Dayton Daily News examined dozens pay. ‘‘So if you’re not entitled to anything CONVICTS GET PAID FOR YEARS of court-martial files and found that in every case defendants who received pay had fami- under the welfare system. . . .you’re not en- Smith-Esminez’s pay didn’t stop after his lies. titled to anything under our system either,’’ first appeal. Although jurors award pay based on family said Maj. Jones, the Canadian military In fact, Leavenworth records show he could needs, they’re not supposed to. spokesman. get paid until Dec. 14, 1995, when his enlist- ‘‘There’s nothing in the Code of Military ment expires. PAYING FOR MISTAKES Justice that allows that,’’ said Nelson, who In the military, whether people are paid Even when a military court is so outraged is now administrator of North Dakota’s after first appeals is determined by their sen- by a crime that it cuts all pay, even when court systems. tences. The court can order that some, all or the convict has no living relative to support, Paying any convicted criminal regardless none of the prisoners’ pay be cut. a service member still can earn his full mili- of the reason, is a questionable practice, said The court cut Smith-Esminez’s rank, but tary paycheck for years. Nelson, a military attorney for 33 years. ‘‘In it didn’t take away any of his pay, so he con- The military didn’t want Army Sgt. Ron- crime, one is accountable for their own tinues to receive more than $800 a month, ald Webster to get paid, but he got his acts.’’ the amount entitled to him under his new, money anyway. In 1982, Webster was con- Civilian families often get nothing when lower rank. victed of rape, burglary, assault, resisting loved ones go to prison. Inmates can have their paychecks sent to arrest and 10 other charges involving an at- Mark Putnam went to prison in 1990 for the bank or address of their choice. tack on a fellow soldier in her barracks at strangling an informant in Kentucky while Enlisted service members can be paid a few Fort Story, Va. working for the FBI. His family was forced days to several years after conviction, either He was sentenced to lose his pay, $965.70 a to ask for welfare. until their enlistment dates expire or their month, but four years after his conviction, ‘‘You can’t expect the FBI to pay benefits final appeals and discharges are decided, Webster said, the military found an error in to me and my children because my husband whichever occurs first. his case. committed a crime,’’ said Putnam’s wife, Officers get paid even longer, until the sec- The error did not earn Webster a new trail, Kathleen, who now lives in Connecticut. ‘‘I retary of their service discharges them after or prove his innocence, but it did earn him can’t see how anyone should pay him when their final appeals. the right to resubmit his case for clemency. my husband committed a crime.’’ So the military, he said, paid him four years SEVERITY NOT A FACTOR LITTLE OVERSIGHT of back pay. The severity of the crime—with the excep- Although the military often pays its in- ‘‘I think it was about $38,000 to $40,000 after tion of murder—seemed to matter little in mates to help their families, it often can’t taxes,’’ said Webster, who was released from determining who got paid. ensure the families get the money or need it. Leavenworth Nov. 18 and now lives in Cin- Army Lt. Timothy L. Jenkins lost all his At Sgt. Terry H. Cox’s trial at Ellsworth cinnati. pay and was fined $15,000 at a court-martial Air Force Base, S.D., last year, the 7-year- Military members who win certain types of at Leighton Barracks, Germany, last year. old girl he raped stood in front of a jury of appeals, even years after trails, can receive His crime: writing thousands of dollars adults wearing uniforms and pointed to the full back pay for the time it took to appeal worth of bad checks. part of her body Cox touched. the case. Senior Airman Samuel J. Carter sold drugs ‘‘Right here,’’ the girl said. If a defense attorney can’t find a reason to and was picked up for attempted theft. At a The testimony was enough to help convict appeal a case, lawyers working for the high- court-martial at Bergstrom Air Force Base, Cox of nine separate acts of rape, sodomy est court for military appeals will try to find Texas, he lost all his pay, too. and other indecent acts on the girl, but it one for them. Unlike other civilian appeals Col. Lee, however, kept his pay, despite a wasn’t enough to stop his pay. courts in the country, the military’s highest conviction last fall for seven counts of sod- The military decided to keep paying Cox appeals court pays lawyers to search cases omy and 21 counts of indecent acts with after he asked the court: ‘‘Please help me for legal errors, even when appeals are not teen-age boys from Illinois. More than a year put a stop to my family’s suffering and filed. after his conviction, Lee still receives mine.’’ And in case both a defense attorney and $6,618.30 a month, more than what 98 percent Three months after his March 1993 convic- the appeals court can’t find errors, convicts of all Ohio families earned in 1990. tion, Cox still had not given his wife written at Leavenworth can search for themselves, Sgt. Edward Higgins kept his pay, too. permission to pick up his check. Although he using the prison’s 6,000-volume law library. January 11, 1995 CONGRESSIONAL RECORD — SENATE S 805 ‘‘Lawyers have told us we have a better li- and outlining, through reconciliation wholly consistent with that position. brary than they have in their offices,’’ Army instructions to committees, how the The Right to Know Act simply ensures spokesman Staff Sgt. Alvah Cappel said as budget would be balanced by the year that the balanced budget amendment, he showed off the prison’s facilities during a 2002. tour this fall. if it passes, will not become a gimmick Webster said he invested some of the It is critically important that Ameri- or a hollow promise. money he won in his case. cans understand that passing a con- I strongly urge all of my colleagues, ‘‘I think I had $5,000 in stocks. You can institutional amendment to balance the regardless of their position on the un- vest in anything you want (in prison). You budget does not reduce the national derlying balanced budget amendment just can’t form a business in there. debt by one penny. Nor does passage of issue, to study this proposal carefully. ‘‘All you do is get a broker. You stay in a balanced budget amendment provide Mr. President, I ask unanimous con- contact with your broker and do it over the the slightest detail of how the budget sent that the full text of the bill be phone. They accept collect calls.’’ He also used the money to start a demoli- could or should be balanced. Only if printed in the RECORD. tion company in Cincinnati. Congress acts on legislation that ac- There being no objection, the bill was ‘‘I think I deserve the money,’’ Webster complishes a balanced budget will the ordered to be printed in the RECORD, as said. ‘‘That’s the way the system works. precise ramifications be known. follows: They’ve been doing it for years. It’s a whole We simply cannot afford to wait until S. 208 different kind of system.’’ 2001 to start complying with the bal- Below is a breakdown of military prisoners Be it enacted by the Senate and House of Rep- anced budget amendment. By doing so, resentatives of the United States of America in receiving government paychecks in June. we will be adding a far greater burden Many were convicted of serious offenses, in- Congress assembled, to our national debt, which already has cluding murder, rape and child molestation. SECTION 1. SHORT TITLE. reached nearly $4.7 trillion. Even if we This Act may be cited as the ‘‘Right to PAY AND BENEFITS GIVEN TO MEMBERS OF THE ARMED pledge our commitment to continued Know Act’’. SERVICES IN JAILS AND PRISONS deficit reduction today, we will still SEC. 2. PROPOSAL OF AMENDMENT. need about $1.2 trillion of cuts over the Number of Amount for No article proposing a balanced budget Branch of service prisoners June 1994 next 7 years to balance the budget by amendment to the Constitution shall be sub- the year 2002. Failure to make these mitted to the States for ratification in the Marines ...... 268 $323,461 Army ...... 225 233,016 cuts will simply add to the $4.7 trillion 104th Congress until the adoption of a con- Air Force ...... 137 146,706 debt. current resolution containing the matter de- Navy ...... 34 64,678 scribed in section 2 of this Act. Coast Guard ...... 1 1,458 If we delay even 1 year, the national debt will increase by over $150 billion SEC. 3. CONTENT OF REQUIRED CONCURRENT Total ...... 1 665 769,319 Total including benefits to prisoners and as a result of that delay, and the inter- RESOLUTION. dependents ...... 1,015,662 est on the debt will be approximately (a) CONTENTS.—The concurrent resolution referred to in section 1 shall set forth a budg- 1 One or more services may have included types of convicts not counted $50 billion greater. Each year we delay by other services. adds another enormous sum of our al- et plan to achieve a balanced budget (that Source: Dayton Daily News computer analysis of records from U.S. Defense complies with the article of amendment pro- Finance and Accounting Service and the military prison at Leavenworth, Kan. ready-astronomical national debt, and The U.S. Coast Guard and civilian health insurance consultants, Dept. of De- posed by that section) not later than the fense records on military benefits. ∑ increases the percentage of our budget first fiscal year required by the article of that must be dedicated to servicing amendment as follows: By Mr. DASCHLE (for himself that debt. (1) a budget for each fiscal year beginning and Mr. EXON): In the last congress, we passed a defi- with fiscal year 1996 and ending with that S. 208. A bill to require that any pro- cit reduction package that will reduce first fiscal year (required by the article of posed amendment to the Constitution the budget deficit by nearly $500 bil- amendment) containing— of the United States to require a bal- lion. Given the magnitude of our exist- (A) aggregate levels of new budget authority, outlays, revenues, and the deficit or sur- anced budget establish procedures to ing debt, it would be irresponsible and plus; ensure enforcement before the amend- profoundly illogical not to continue (B) totals of new budget authority and out- ment is submitted to the States; to the striving toward a balanced budget this lays for each major functional category; Committee on the Budget and the Com- year, not next year or the year after. (C) new budget authority and outlays, on mittee on Governmental Affairs, joint- Mr. President, senators on both sides an account-by-account basis, for each ac- ly. of the aisle are divided on the issue of count with actual outlays or offsetting re- RIGHT TO KNOW ACT a constitutional balanced budget ceipts of at least $100,000,000 in fiscal year Mr. DASCHLE. Mr. President, I have amendment. We all want to bring budg- 1994; and (D) an allocation of Federal revenues the honor of introducing today on be- et deficits under control, but reason- among the major sources of such revenues; half of Senator EXON, the distinguished able people disagree on the way to ac- (2) a detailed list and description of ranking member of the Budget Com- complish that goal, both in terms of changes in Federal law (including laws au- mittee, and other Democratic Sen- budget priorities and in terms of the thorizing appropriations or direct spending ators, the Right to Know Act. proposal to amend the Constitution. and tax laws) required to carry out the plan The proposal is straightforward. It The Right to Know Act offers an ap- and the effective date of each such change; demands that American taxpayers proach that senators on both sides of and know what the impact of a constitu- the constitutional amendment issue (3) reconciliation directives to the appropriate committees of the House of Represent- tional balanced budget amendment will and on both sides of the aisle could—in- atives and Senate instructing them to sub- be before State legislatures vote on deed should—support. mit legislative changes to the Committee on ratification of the constitutional Senators who support a constitu- the Budget of the House or Senate, as the amendment. It also ensures that we tional amendment to require a bal- case may be, to implement the plan set forth take immediate steps to balance the anced budget—and I am one—should in the concurrent resolution. budget by the year 2002—the express know that this proposal is wholly con- (b) RECONCILIATION.—The directives re- goal of the constitutional amendment. sistent with that position. In fact, if we quired by subsection (a)(3) shall be deemed Our proposal says that, upon passage are serious about balancing the budget, to be directives within the meaning of section 310(a) of the Congressional Budget Act of a balanced budget amendment by we must be prepared to work with our of 1974. Upon receiving all legislative submis- Congress but before States must ratify, colleagues to ensure that the deficit re- sions from committees under subsection we would give States and the American duction resumes immediately. We also (a)(3), each Committee on the Budget shall people the information they need to must be prepared to explain to the combine all such submissions (without sub- make this important decision. Second, American people and the States ex- stantive revision) into an omnibus reconcili- under our approach, the actual deficit actly how we are going to achieve our ation bill and report that bill to its House. reduction required to balance the budg- goal. The procedures set forth in section 310 shall et would begin immediately. Senators who may oppose a constitu- govern the consideration of that reconciliation bill in the House of Representatives No State would be required to vote tional amendment, but who believe we and the Senate. on the amendment until Congress need to take serious steps toward defi- (c) CBO SCORING.—The budget plan de- passes a concurrent budget resolution cit reduction and an actual balanced scribed in subsection (a) shall be based upon committing to actual deficit reduction budget, should also find this proposal Congressional Budget Office economic and S 806 CONGRESSIONAL RECORD — SENATE January 11, 1995 technical assumptions and estimates of the cosponsors of S. 2, a bill to make cer- cluding holding hearings, reporting such spending and revenue effects of the legisla- tain laws applicable to the legislative hearings, and making investigations as au- tive changes described in subsection (a)(2). branch of the Federal Government. thorized by paragraphs 1 and 8 of rule XXVI of the Standing Rules of the Senate, the At the request of Mr. WELLSTONE, his By Mr. SIMON: Committee on Appropriations is authorized name was added as a cosponsor of S. 2, S.J. Res. 15. A joint resolution pro- from March 1, 1995, through February 28, supra. posing an amendment to the Constitu- 1996, and March 1, 1996, through February 28, tion of the United States to allow the S. 21 1997, in its discretion (1) to make expenditures from the contingent fund of the Sen- President to reduce or disapprove At the request of Mr. DOLE, the name of the Senator from Alaska [Mr. MUR- ate, (2) to employ personnel, and (3) with the items of appropriations; to the Com- prior consent of the Government department KOWSKI] was added as a cosponsor of S. mittee on the Judiciary. or agency concerned and the Committee on 21, a bill to terminate the United PRESIDENTIAL LINE-ITEM VETO Rules and Administration, to use on a reim- States arms embargo applicable to the Mr. SIMON. Mr. President, every day bursable or non-reimbursable basis the serv- ∑ Government of Bosnia and our budget deficit grows larger and ices of personnel of any such department or Herzegovina. agency. larger. In this time of crisis, we need to S. 45 SEC. 2. The expenses of the committee for use every available weapon in our arse- the period March 1, 1995, through February nal to fight the growing national defi- At the request of Mr. FEINGOLD, the name of the Senator from Iowa [Mr. 28, 1996, under this resolution shall not ex- cit. It takes a constitutional amend- ceed $4,823,586, of which amount (1) not to ex- ment that requires Congress to pass a HARKIN] was added as a cosponsor of S. ceed $175,000 may be expended for the pro- balanced budget; and it also takes a 45, a bill to amend the Helium Act to curement of the services of individual con- constitutional line-item veto amend- require the Secretary of the Interior to sultants, or organizations thereof (as author- ment, which I introduce today. sell Federal real and personal property ized by section 202(i) of the Legislative Reor- held in connection with activities car- ganization Act of 1946, as amended), and (2) This line-item veto amendment takes not to exceed $5,000 may be expended for the as its model the amendment that ap- ried out under the Helium Act, and for other purposes. training of the professional staff of such pears in the Constitution of my home committee (under procedures specified by State of Illinois. According to some S. 91 section 202(j) of the Legislative Reorganiza- studies, the Illinois State government At the request of Mr. COVERDELL, the tion Act of 1946). is able to reduce its annual budget by names of the Senator from South Caro- (b) For the period March 1, 1996, through about 3 percent because of the line- lina [Mr. THURMOND], the Senator from February 28, 1997, expenses of the committee item veto. Similar success on a Federal Virginia [Mr. WARNER], and the Sen- under this resolution shall not exceed $4,931,401, of which amount (1) not to exceed level will bring us that much closer to ator from Rhode Island [Mr. CHAFEE] were added as cosponsors of S. 91, a bill $175,000 may be expended for the procure- reducing the national debt. ment of the services of individual consult- My amendment is a simple one. It is to delay enforcement of the National ants, or organizations thereof (as authorized a constitutional amendment to permit Voter Registration Act of 1993 until by section 202(i) of the Legislative Reorga- the President to reduce or disapprove such time as Congress appropriates nization Act of 1946, as mended), and (2) not any item of appropriations, other than funds to implement such Act. to exceed $5,000 may be expended for the an item relating to the legislative S. 145 training of the professional staff of such committee (under procedures specified by branch. If the President does not re- At the request of Mr. GRAMM, the section 202(j) of the Legislative Reorganiza- duce or disapprove an item of appro- names of the Senator from Idaho [Mr. tion Act of 1946). priations, it becomes law. If he does re- CRAIG] and the Senator from North SEC. 3. The committee shall report its find- duce it, then Congress is empowered to Carolina [Mr. HELMS] were added as co- ings, together with such recommendations override the President’s veto by a sim- sponsors of S. 145, a bill to provide ap- for legislation as it deems advisable, to the ple majority vote of each House. propriate protection for the Constitu- Senate at the earliest practicable date, but There are those concerned that the tional guarantee of private property not later than February 28, 1996, and Feb- line-item veto takes away power from rights, and for other purposes. ruary 28, 1997, respectively. SEC. 4. Expenses of the committee under the legislative branch and puts it into S. 165 this resolution shall be paid from the contin- the hands of the executive. That might At the request of Mr. MCCAIN, the gent fund of the Senate upon vouchers ap- be true if this veto were like all others name of the Senator from Mississippi proved by the chairman of the committee, and required a two-thirds override. But [Mr. LOTT] was added as a cosponsor of except that vouchers shall not be required (1) my amendment is faithful to the prin- S. 165, a bill to require a 60-vote for the disbursement of salaries of employees ciple of majority rule in passage of leg- supermajority in the Senate to pass paid at an annual rate, or (2) for the pay- islation. It threatens only those appro- any bill increasing taxes. ment of telecommunications provided by the Office of the Sergeant at Arms and Door- priations which do not have majority S. 185 support and it is those appropriations keeper, United States Senate, or (3) for the At the request of Mr. BUMPERS, the payment of stationery supplies purchased items which often are the least credi- name of the Senator from Arkansas through the Keeper of the Stationery, United ble in the eyes of the American people [Mr. PRYOR] was added as a cosponsor States Senate, or (4) for payments to the and most difficult to justify. of S. 185, a bill to transfer the Fish Postmaster, United States Senate, or (5) for Forty-three States now have the Farming Experimental Laboratory in the payment of metered charges on copying line-item veto. As ranking member of Stuttgart, Arkansas, to the Depart- equipment provided by the Office of the Ser- the Constitution Subcommittee of the geant at Arms and Doorkeeper, United ment of Agriculture, and for other pur- States Senate, or (6) for the payment of Sen- Judiciary Committee, I—in conjunc- poses. tion with my friend from Colorado, ate Recording and Photographic Services. f SEC. 5. There are authorized such sums as who now serves as subcommittee chair- may be necessary for agency contributions man—hope to devote serious efforts to- SENATE RESOLUTION 38—ORIGI- related to the compensation of employees of ward securing passage of this impor- NAL RESOLUTION REPORTED AU- the committee from March 1, 1995, through tant piece of legislation. The line-item THORIZING EXPENDITURES BY February 28, 1996, and March 1, 1996, through veto is by no means a panacea. It is, THE COMMITTEE ON APPROPRIA- February 28, 1997, to be paid from the Appro- however, a big step in the right direc- TIONS priations account for ‘‘Expenses of Inquiries tion for any serious attempt to put our and Investigations.’’ Mr. HATFIELD, from the Committee fiscal affairs in order. ∑ on Appropriations, reported the follow- f f ing original resolution; which was re- SENATE RESOLUTION 39—ORIGI- ferred to the Committee on Rules and ADDITIONAL COSPONSORS NAL RESOLUTION REPORTED AU- Administration: S. 2 THORIZING EXPENDITURES FOR S. RES. 38 At the request of Mr. GRASSLEY, the THE COMMITTEE ON ENERGY Resolved, That, in carrying out its powers, AND NATURAL RESOURCES names of the Senator from Tennessee duties, and functions under the Standing [Mr. FRIST] and the Senator from New Rules of the Senate, in accordance with its Mr. MURKOWSKI, from the Commit- Mexico [Mr. DOMENICI] were added as jurisdiction under rule XXV of such rules, in- tee on Energy and Natural Resources, January 11, 1995 CONGRESSIONAL RECORD — SENATE S 807 reported the following original resolu- of the Standing Rules of the Senate, the mittee for a budget proposal which re- tion; which was referred to the Com- Committee on Indian Affairs is authorized flects a 15-percent reduction from the mittee on Rules and Administration: from March 1, 1995, through February 28, approved funding level for 1994. This 1996, and March 1, 1996, through February 28, S. RES. 39 1997, in its discretion (1) to make expendi- translates into a 25-percent reduction Resolved, That, in carrying out its powers, tures from the contingent fund of the Sen- in the committee staff.∑ duties, and functions under the Standing ate, (2) to employ personnel, and (3) with the f Rules of the Senate, in accordance with its prior consent of the Government department jurisdiction under rule XXV of such rules, in- or agency concerned and the Committee on cluding holding hearings, reporting such Rules and Administration, to use on a reim- SENATE RESOLUTION 41—ORIGI- hearings, and making investigations as au- bursable or non-reimbursable basis the serv- NAL RESOLUTION REPORTED AU- thorized by paragraphs 1 and 8 of rule XXVI ices of personnel of any such department or THORIZING EXPENDITURES BY of the Standing Rules of the Senate, the agency. THE COMMITTEE ON FOREIGN Committee on Energy and Natural Resources SEC. 2. The expenses of the committee for RELATIONS is authorized from March 1, 1995, through the period March 1, 1995, through February February 29, 1996, and March 1, 1996, through 28, 1996, under this resolution shall not ex- Mr. HELMS, from the Committee on February 28, 1997, in its discretion (1) to ceed $1,056,916, of which amount (1) no funds Foreign Relations, reported the follow- make expenditures from the contingent fund may be expended for the procurement of the ing original resolution; which was re- of the Senate, (2) to employ personnel, and services of individual consultants, or organi- ferred to the Committee on Rules and (3) with the prior consent of the Government zations thereof (as authorized by section Administration: department or agency concerned and the 202(i) of the Legislative Reorganization Act Committee on Rules and Administration, to of 1946, as amended), and (2) no funds may be S. RES. 41 use on a reimbursable or non-reimbursable expended for the training of the professional Resolved, That, in carrying out its powers, basis the services of personnel of any such staff of such committee under procedures duties, and functions under the Standing department or agency. specified by section 202(j) of the Legislative Rules of the Senate, in accordance with its SEC. 2. The expenses of the committee for Reorganization Act of 1946). jurisdiction under rule XXV of such rules, in- the period March 1, 1995, through February (b) For the period March 1, 1996, through cluding holding hearings, reporting such 29, 1996 under this resolution shall not exceed February 28, 1997, expenses of the committee hearings, and making investigations as au- $2,678,348. under this resolution shall not exceed thorized by paragraphs 1 and 8 of rule XXVI (b) For the period March 1, 1996, through $1,079,534, of which amount (1) no funds may of the Standing Rules of the Senate, the be expended for the procurement of the serv- February 28, 1997, expenses of the committee Committee on Foreign Relations, is author- ices of individual consultants, or organiza- under this resolution shall not exceed ized from March 1, 1995, through February 29, tions thereof (as authorized by section 202(i) $2,739,487. 1996, and March 1, 1996, through February 28, of the Legislative Reorganization Act of 1946, SEC. 3. The committee shall report its find- 1997, in its discretion (1) to make expendi- as amended), and (2) no funds may be ex- ings, together with such recommendations tures from the contingent fund of the Sen- pended for the training of the professional for legislation as it deems advisable, to the ate, (2) to employ personnel, and (3) with the staff of such committee (under procedures Senate at the earliest practicable date, but prior consent of the Government department specified by section 202(j) of the Legislative not later than February 29, 1996, and Feb- or agency concerned and the Committee on Reorganization Act of 1946). ruary 28, 1997, respectively. Rules and Administration, to use on a reim- SEC. 4. Expenses of the committee under SEC. 3. The committee shall report its findings, together with such recommendations bursable or non-reimbursable basis the serv- this resolution shall be paid from the contin- ices of personnel of any such department or gent fund of the Senate upon vouchers ap- for legislation as it deems advisable, to the Senate at the earliest practicable date, but agency. proved by the chairman of the committee, SEC. 2. The expenses of the committee for except that vouchers shall not be required (1) not later than February 28, 1996, and Feb- ruary 28, 1997, respectively. the period March 1, 1995, through February for the disbursement of salaries of employees 29, 1996, under this resolution shall not ex- paid at an annual rate, or (2) for the pay- SEC. 4. Expenses of the Committee under this resolution shall be paid from the contin- ceed $2,719,280, of which amount (1) not to ex- ment of telecommunications provided by the gent fund of the Senate upon vouchers ap- ceed $45,000 may be expended for the procure- Office of the Sergeant at Arms and Door- proved by the Chairman of the committee, ment of the services of individual consult- keeper, United States Senate, or (3) for the except that vouchers shall not be required (1) ants, or organizations thereof (as authorized payment of stationery supplies purchased for the disbursement of salaries of employees by section 202(i) of the Legislative Reorga- through the Keeper of the Stationery, United fees paid at an annual rate, or (2) for the nization Act of 1946, as amended), and (2) not States Senate, or (4) for payments to the payment of telecommunications provided by to exceed $1,000 may be expended for the Postmaster, United States Senate, or (5) for the Office of the Sergeant at Arms and Door- training of the professional staff of such the payment of metered charges on copying keeper, United States Senate, or (3) for the committee (under procedures specified by equipment provided by the Office of the Ser- payment of stationery supplies purchased section 202(j) of the Legislative Reorganiza- geant at Arms and Doorkeeper, United through the Keeper of the Stationery, United tion Act of 1946). States Senate, or (6) for the payment of Sen- States Senate, or (4) for payments to the (b) For the period March 1, 1995, through ate Recording and Photographic Services. Postmaster, United States Senate, or (5) for February 28, 1997, expenses of the committee SEC. 5. There are authorized such sums as the payment of metered charges on copying under this resolution shall not exceed may be necessary for agency contributions equipment provided by the Office of the Ser- $2,782,054, of which amount (1) not to exceed related to the compensation of employees of geant at Arms and Doorkeeper, United $45,000 may be expended for the procurement the committee from March 1, 1995, through States Senate, or (6) for the payment of Sen- of the services of individual consultants, or February 29, 1996, and March 1, 1996, through ate Recording and Photographic Services. organizations thereof (as authorized by sec- February 28, 1997, to be paid from the Appro- SEC. 5. There are authorized such sums as tion 202(i) of the Legislative Reorganization priations account for ‘‘Expenses of Inquiries may be necessary for agency contributions Act of 1946, as amended), and (2) not to ex- and Investigations.’’ related to the compensation of employees of ceed $1,000 may be expended for the training f the committee from March 1, 1995, through of the professional staff of such committee February 28, 1996, and March 1, 1996, through (under procedures specified by section 202(j) SENATE RESOLUTION 40—ORIGI- February 28, 1997, to be paid from the Appro- of the Legislative Reorganization Act of NAL RESOLUTION REPORTED AU- priations account for ‘‘Expenses of Inquiries 1946). THORIZING EXPENDITURES BY and Investigations.’’ SEC. 3. The Committee shall report its findings, together with such recommenda- THE COMMITTEE ON INDIAN AF- ∑ Mr. MCCAIN. Mr. President, today I FAIRS am reporting a resolution to authorize tions for legislation as it deems advisable, to the Senate at the earliest practicable date, Mr. MCCAIN, from the Committee on expenditures by the Committee on In- but not later than February 29, 1996, and Indian Affairs, reported the following dian Affairs. Earlier today, the com- February 28, 1997, respectively. original resolution; which was referred mittee conducted a business meeting SEC. 4. Expenses of the committee under to the Committee on Rules and Admin- during which the members of the com- this resolution shall be paid from the contin- istration: mittee approved the proposed budget gent fund of the Senate upon vouchers ap- for the 104th Congress. proved by the chairman of the committee, S. RES. 40 The resolution I am reporting today except that vouchers shall not be required (1) Resolved, That, in carrying out its powers, is consistent with the budget approved for the disbursement of salaries of employees duties, and functions under the Standing by the members of the Committee on paid at an annual rate, or (2) for the pay- Rules of the Senate, in accordance with its ment of telecommunications provided by the jurisdiction under rule XXV of such rules, in- Indian Affairs for submission to the Office of the Sergeant at Arms and Door- cluding holding hearings, reporting such Committee on Rules and Administra- keeper, United States Senate, or (3) for the hearing, and making investigating as au- tion. The resolution is also consistent payment of stationery supplies purchased thorized by paragraphs 1 and 8 of rule XXVI with the request from the Rules Com- through the Keeper of the Stationery, United S 808 CONGRESSIONAL RECORD — SENATE January 11, 1995

States Senate, or (4) for payments to the SEC. 3. The committee shall report its find- (2) for the payment of telecommunications Postmaster, United States Senate, or (5) for ings, together with such recommendations provided by the Office of the Sergeant at the payment of metered charges on copying for legislation as it deems advisable, to the Arms and Doorkeeper, United States Senate, equipment provided by the Office of the Ser- Senate at the earliest practicable date, but (3) for the payment of stationery supplies geant at Arms and Doorkeeper, United not later than February 29, 1996 and Feb- purchased through the Keeper of the Sta- States Senate, or (6) for the payment of Sen- ruary 28, 1997, respectively. tionery, United States Senate, ate Recording and Photographic Services. SEC. 4. Expenses of the committee under (4) for payments to the Postmaster, United SEC. 5. There are authorized such sums as this resolution shall be paid from the contin- States Senate, may be necessary for agency contributions gent fund of the Senate upon vouchers ap- (5) for the payment of metered charges on related to the compensation of employees of proved by the chairman of the committee, copying equipment provided by the Office of the committee from March 1, 1995, through except that vouchers shall not be required (1) the Sergeant at Arms and Doorkeeper, Unit- February 29, 1996, and March 1, 1996, through for the disbursement of salaries of employees ed States Senate, or February 28, 1997, to be paid from the Appro- paid at an annual rate, or (2) for the pay- (6) for the payment of Senate Recording priations account for ‘‘Expenses of Inquiries ment of telecommunications provided by the and Photographic Services. and Investigations.’’ Office of the Sergeant at Arms and Door- SEC. 5. There are authorized such sums as keeper, United States Senate, or (3) for the f may be necessary for agency contributions payment of stationery supplies purchased related to the compensation of employees of SENATE RESOLUTION 42—MAKING through the Keeper of the Stationery, United the committee from March 1, 1995, through MINORITY PARTY APPOINT- States Senate, or (4) for payments to the February 29, 1996, and March 1, 1996, through Postmaster, United States Senate, or (5) for February 28, 1997, to be paid from the Appro- MENTS TO THE ETHICS COMMIT- the payment of metered charges on copying priations account for ‘‘Expenses of Inquiries TEE equipment provided by the Office of the Ser- and Investigations.’’. Mr. DASCHLE submitted the follow- geant at Arms and Doorkeeper, United ∑ Mr. COHEN. Mr. President, on behalf States Senate, or (6) for the payment of Sen- ing resolution; which was considered of myself and Senator PRYOR, I am and agreed to: ate Recording and Photographic Services. SEC. 5. There are authorized such sums as pleased to submit a resolution to pro- S. RES. 42 may be necessary for agency contributions vide funding from the contingent fund Resolved, That the following shall con- related to the compensation of employees of of the Senate for operational moneys stitute the minority party’s membership on the committee, from March 1, 1995, through for the Senate Special Committee on the Ethics Committee for the One Hundred February 28, 1996, and March 1, 1996, through Aging for the years 1995 and 1996. I am and Fourth Congress, or until their succes- February 28, 1997, to be paid from the Appro- hopeful that the Senate Committee on sors are chosen: priations account for ‘‘Expenses of Inquiries Rules and Administration will approve Select Committee on Ethics: Mr. Bryan, and Investigations.’’ this funding request. Vice Chair, Ms. Mikulski, and Mr. Dorgan. f The amounts contained in this budg- f et request fully comply with the direc- SENATE RESOLUTION 44—AUTHOR- tion of the Rules Committee to reduce SENATE RESOLUTION 43—ORIGI- IZING EXPENDITURES BY THE the operational budget of the commit- NAL RESOLUTION REPORTED AU- SPECIAL COMMITTEE ON AGING tee substantially below the 1994 budget THORIZING EXPENDITURES BY authorization level. THE SELECT COMMITTEE ON IN- Mr. COHEN (for himself and Mr. Senator PRYOR and I are fully com- TELLIGENCE PRYOR) submitted the following resolution; which was referred to the Com- mitted to implementing these reduc- Mr. SPECTER, from the Select Com- mittee on Rules and Administration: tions in both the salary and adminis- mittee on Intelligence, reported the trative portions of the committee S. RES. 44 following original resolution; which budget. We believe that the budget sub- was referred to the Committee on Resolved, That, in carrying out its powers, missions we are providing today to the Rules and Administration: duties, and functions under the Standing Rules of the Senate, in accordance with its Rules Committee reflect the commit- S. RES. 43 jurisdiction under rule XXV of such rules, in- ment of myself, as chairman, and Sen- Resolved, That, in carrying out its powers, cluding holding hearings, reporting such ator PRYOR, as ranking member, to duties, and functions under the Standing hearings, and making investigations as au- make the operations of the committee Rules of the Senate, in accordance with its thorized by paragraphs 1 and 8 of rule XXVI as efficient as possible and to support jurisdiction under rule XXV of such rules, in- of the Standing Rules of the Senate, the Spe- the leadership’s goal of reducing the cluding holding hearings, reporting such cial Committee on Aging is authorized from number of Senate staff. We are con- hearings, and making investigations as au- March 1, 1995, through February 29, 1996, and fident that the committee will be able thorized by paragraphs 1 and 8 of rule XXVI March 1, 1996, through February 28, 1997, in of the Standing Rules of the Senate, the its discretion— to pursue a very active agenda of over- committee on Intelligence is authorized (1) to make expenditures from the contin- sight, investigations, and consumer from March 1, 1995 through February 29, 1996, gent fund of the Senate, education within these staffing levels. and March 1, 1996, through February 28, 1997, (2) to employ personnel, and The Special Committee on Aging in its discretion (1) to make expenditures (3) with the prior consent of the Govern- plays a critical oversight function to from the contingent fund of the Senate, (2) ment department or agency concerned and the Congress and the American tax- to employ personnel, and (3) with the prior the Committee on Rules and Administration, payer. While some of the programs and consent of the Government department or to use on a reimbursable or nonreimbursable issues reviewed by the committee are agency concerned and the Committee on basis the services of personnel of any such Rules and Administration, to use on a reim- department or agency. within the legislative purview of other bursable or non-reimbursable basis the serv- SEC. 2. (a) The expenses of the committee committees, the Aging Committee con- ices of personnel of any such department or for the period March 1, 1995, through Feb- ducts essential oversight and investiga- agency. ruary 29, 1996, under this resolution shall not tions of these programs to ensure that SEC. 2. The expenses of the committee for exceed $1,025,746. they are serving the needs of older the period March 1, 1995, through February (b) For the period March 1, 1996, through Americans and taxpayers. 29, 1996, under this resolution shall not ex- February 28, 1997, expenses of the committee This past Congress, for example, the ceed $2,228,666 of which amount (1) not to ex- under this resolution shall not exceed committee examined a broad array of ceed $30,000 may be expended for the procure- $1,048,589. ment of the services of individual consult- SEC. 3. The committee shall report its find- issues affecting the elderly, including ants, or organizations thereof (as authorized ings, together with such recommendations major fraud and abuse scams targeting by section 202(i) of the Legislative Reorga- for legislation as it deems advisable, to the Medicare; drug addicts manipulating nization Act of 1946, as amended). Senate at the earliest practicable date, but the Social Security disability pro- (b) For the period March 1, 1996, through not later than February 29, 1996, and Feb- grams; trends of escalating out-of- February 28, 1997, expenses of the committee ruary 28, 1997, respectively. pocket health care costs of older Amer- under this resolution shall not exceed SEC. 4. Expenses of the committee under icans, including prescription drug and $2,280,704, of which amount (1) not to exceed this resolution shall be paid from the contin- long-term care costs; crime against the $30,000 may be expended for the procurement gent fund of the Senate upon vouchers ap- of the services of individual consultants, or proved by the chairman of the committee, elderly; and consumer scams targeting organizations thereof (as authorized by sec- except that vouchers shall not be required— senior citizens. In many instances, tion 202(i) of the Legislative Reorganization (1) for the disbursement of salaries of em- findings and recommendations of the Act of 1946, as amended). ployees paid at an annual rate, committee with respect to the issues it January 11, 1995 CONGRESSIONAL RECORD — SENATE S 809 examined resulted in major legislative SEC. 2. The expenses of the committee for (5) The efficiency and economy of oper- reforms, many of which have been en- the period March 1, 1995, through February ations of all branches and functions of the acted into law. 28, 1996, under this resolution shall not ex- Government with particular reference to— ceed $4,515,333, of which amount (1) not to ex- (A) The effectiveness of present national This year, the Aging Committee ceed $75,000 may be expended for the procure- stands ready and able to take on a host security methods, staffing, and processes as ment of the services of individual consult- tested against the requirements imposed by of issues affecting older Americans. ants, or organizations thereof (as authorized the rapidly mounting complexity of national Some of the issues we plan to address by section 202(i) of the Legislative Reorga- security problems; this year will be investigating fraud nization Act of 1946, as amended), and not to (B) the capacity of present national secu- and abuse in the Medicare and Medic- exceed $2,470 may be expended for the train- rity staffing, methods, and processes to aid programs and recommending pro- ing of the professional staff of such commit- make full use of the Nation’s resources of posals to better protect these programs tee (under procedures specified by section knowledge and talents; 202(j) of the Legislative Reorganization Act (C) the adequacy of present intergovern- and their beneficiaries from fraudulent of 1946). mental relations between the United States practices; evaluating and recommend- (b) For the period March 1, 1996, through and international organizations principally ing improvements in the administra- February 28, 1997, expenses of the committee tion of the Social Security disability under this resolution shall not exceed concerned with national security of which the United States is a member; and programs to ensure a more efficient ex- $4,618,593, of which amount (1) not to exceed $75,000 may be expended for the procurement (D) legislative and other proposals to im- penditure of taxpayer dollars; and eval- prove these methods, processes, and relation- uating the effects of entitlement re- of the services of individual consultants, or organizations thereof (as authorized by sec- ships; form on programs serving the elderly tion 202(i) of the Legislative Reorganization (6) The efficiency, economy, and effective- and retired populations. We will also Act of 1946, as amended), and not to exceed ness of all agencies and departments of the continue to evaluate the effects of $2,470 may be expended for the training of Government involved in the control and health care reform proposals on the el- the professional staff of such committee management of energy shortages including, derly, including proposals to assist (under procedures specified by section 202(j) but not limited to, their performance with older Americans and their families of the Legislative Reorganization Act of respect to— bear the exorbitant costs of long-term 1946). (A) the collection and dissemination of ac- SEC. 3 (a) The committee, or any duly au- curate statistics on fuel demand and supply; care. thorized subcommittee thereof, is authorized (B) the implementation of effective energy Mr. President, for more than 30 to study or investigate conservation measures; years, the Special Committee on Aging (1) the efficiency and economy of oper- (C) the pricing of energy in all forms; has overseen the needs and trends of ations of all branches of the Government in- (D) coordination of energy programs with our Nation’s aging population and the cluding the possible existence of fraud, mis- State and local government; programs that serve current and future feasance, malfeasance, collusion, mis- (E) control of exports of scarce fuels; generations of older Americans. It has management, incompetence, corruption, or (F) the management of tax, import, pric- unethical practices, waste, extravagance, ing, and other policies affecting energy sup- been my great pleasure and honor to conflicts of interest, and the improper ex- serve under the able leadership of Sen- plies; penditure of government funds in trans- (G) maintenance of the independent sector ator PRYOR as chairman of the Aging actions, contracts, and activities of the gov- of the petroleum industry as a strong com- Committee and I look forward to work- ernment or of government officials and em- petitive force; ployees and any and all such improper prac- ing closely with him in his new capac- (H) the allocation of fuels in short supply tices between Government personnel and ity as ranking member of the commit- by public and private entities; tee in a bipartisan, cooperative spirit corporations, individuals, companies, or persons affiliated therewith, doing business (I) the management of energy supplies that has been the tradition of the com- with the Government; and the compliance or owned or controlled by the Government; mittee for over 30 years. noncompliance of such corporations, compa- (J) relations with other oil producing and We look forward to the challenges nies, or individuals or other entities with the consuming countries; the 104th Congress will hold for the rules, regulations, and laws governing the (K) the monitoring of compliance by gov- Aging Committee, and urge the Rules various governmental agencies and its rela- ernments, corporations, or individuals with Committee to approve our budget re- tionships with the public. the laws and regulations governing the allocation, conservation, or pricing of energy quest.∑ (2) the extent to which criminal or other improper practices or activities are, or have supplies; and f been, engaged in the field of labor-manage- (L) research into discovery and development relations or in groups or organizations ment of alternative energy supplies; and SENATE RESOLUTION 45—ORIGI- of employees or employers, to the detriment (7) the efficiency and economy of all NAL RESOLUTION REPORTED AU- of interests of the public, employers, or em- branches and functions of government with THORIZING EXPENDITURES BY ployees, and to determine whether any particular reference to the operations and THE COMMITTEE ON GOVERN- changes are required in the laws of the Unit- management of Federal regulatory policies MENTAL AFFAIRS ed States in order to protect such interests and programs: Provided, That, in carrying against the occurrence of such practices or Mr. ROTH, from the Committee on out the duties herein set forth, the inquiries activities; of this committee or any subcommittee Governmental Affairs, reported the fol- (3) organized criminal activities which thereof shall not be deemed limited to the lowing original resolution; which was may operate in or otherwise utilize the fa- records, functions, and operations of any referred to the Committee on Rules cilities of interstate or international com- particular branch of the Government; but and Administration: merce in furtherance of any transactions and may extend to the records and activities of the manner and extent to which, and the S. RES. 45 any persons, corporation, or other entity. identity of the persons, firms, or corpora- (b) Nothing contained in this section shall Resolved, That, in carry out its powers, du- tions, or other entities by whom such utili- affect or impair the exercise of any other ties, and functions under the Standing Rules zation is being made, and further, to study standing committee of the Senate of any of the Senate, in accordance with its juris- and investigate the manner in which and the diction under rule XXV of such rules, includ- extent to which persons engaged in organized power, or the discharge by such committee ing holding hearings, reporting such hear- criminal activity have infiltrated lawful of any duty, conferred or imposed upon it by ings, and making investigations as author- business enterprise, and to study the ade- the Standing Rules of the Senate or by the ized by paragraphs 1 and 8 of rule XXVI of quacy of Federal laws to prevent the oper- Legislative Reorganization Act of 1946, as the Standing Rules of the Senate, the Com- ations of organized crime in interstate or amended. mittee on Governmental Affairs is author- international commerce; and to determine (c) For the purpose of this section the com- ized from March 1, 1995, through February 28, whether any changes are required in the laws mittee, or any duly authorized subcommit- 1996, and March 1, 1996 through February 28, of the United States in order to protect the tee thereof, or its chairman, or any other 1997, in its discretion (1) to make expendi- public against such practices or activities; member of the committee or subcommittee tures from the contingent fund of the Sen- (4) all other aspects of crime and lawless- designated by the chairman, from March 1, ate, (2) to employ personnel, and (3) with the ness within the United States which have an 1995, through February 28, 1996, and March 1, prior consent of the Government department impact upon or affect the national health, 1996, through February 28, 1997, is authorized, or agency concerned and the Committee on welfare, and safety; including but not lim- in its, his, or their discretion (1) to require Rules and Administration to use on a reim- ited to investment fraud schemes, commod- by subpoena or otherwise the attendance of bursable, or non-reimbursable basis the serv- ity and security fraud, computer fraud and witnesses and production of correspondence, ices of personnel of any such department or the use of offshore banking and corporate fa- books, papers, and documents, (2) to hold agency. cilities to carry out criminal objectives; hearings, (3) to sit and act at any time or S 810 CONGRESSIONAL RECORD — SENATE January 11, 1995 place during the sessions, recess, and ad- Committee on Banking, Housing, and with clause (i)(I), each applicable percentage journment periods of the Senate, (4) to ad- Urban Affairs: Mr. D’Amato, Chairman. determined under subparagraph (A) (i), (ii), minister oaths, and (5) to take testimony, ei- Committee on Commerce, Science, and and (iii) shall be added, and the resulting ther orally or by sworn statement, or, in the Transportation: Mr. Pressler, Chairman. percentage shall be used in making a single case of staff members of the Committee and Committee on Energy and Natural Re- adjustment.’’. the Permanent Subcommittee on Investiga- sources: Mr. Murkowski, Chairman. (b) REGULATIONS.—The Secretary of the tions, by deposition in accordance with the Committee on Environment and Public Senate and the Clerk of the House of Rep- Committee Rules of Procedure. Works: Mr. Chafee, Chairman. resentatives may prescribe regulations to (d) All subpoenas and related legal proc- Committee on Finance: Mr. Packwood, carry out the provisions of this Act relating esses of the committee and its subcommittee Chairman. to the applicable Members of Congress. authorized under S. Res. 71 of the One Hun- Committee on Foreign Relations: Mr. (c) EFFECTIVE DATE.—This section shall dredth Third Congress, second session, are Helms, Chairman. take effect on the date of enactment of this authorized to continue. Committee on Governmental Affairs: Mr. section. SEC. 4. The committee shall report its find- Roth, Chairman. ings, together with such recommendations Committee on the Judiciary: Mr. Hatch, for legislation as it deems advisable, to the Chairman. Senate at the earliest practicable date, but Committee on Labor and Human Re- GRASSLEY (AND GLENN) not later than February 28, 1995, and Feb- sources: Mrs. Kassebaum, Chairman. AMENDMENT NO. 16 ruary 28, 1996, respectively. Committee on Rules and Administration: Mr. GRASSLEY (for himself and Mr. SEC. 5. Expenses of the committee under Mr. Stevens, Chairman. GLENN) proposed an amendment to the this resolution shall be paid from the contin- f gent fund of the Senate upon vouchers ap- bill S. 2, supra; as follows: proved by the chairman of the committee, AMENDMENTS SUBMITTED On page 2, in the item referring to section except that vouchers shall not be required (1) 220, strike ‘‘code’’ and insert ‘‘Code’’. for the disbursement of salaries of employees On page 11, line 14, insert a comma before paid at an annual rate, or (2) the payment of THE CONGRESSIONAL ‘‘irrespective’’. telecommunications provided by the Office ACCOUNTABILITY ACT On page 27, line 14, strike ‘‘would be appro- of the Sergeant at Arms and Doorkeeper, priate’’ and insert ‘‘may be appropriate to United States Senate, or (3) for the payment redress a violation of subsection (a)’’. of stationery keeper, United States Senate, LAUTENBERG AMENDMENT NO. 15 On page 30, line 6, strike ‘‘section 403’’ and or (4) for the payment of stationery supplies Mr. LAUTENBERG proposed an insert ‘‘subsections (b) through (d) of section purchased through the Keeper of the Sta- 403’’. tionery, United States Senate, or (5) for pay- amendment to the bill (S. 2) to make On page 30, lines 17 and 18, strike ‘‘section ments to the Postmaster, United States Sen- certain laws applicable to the legisla- 405’’ and insert ‘‘subsections (b) through (h) ate, or (6) for the payment of metered tive branch of the Federal Government; of section 405’’. charges on copying equipment provided by as follows: On page 31, between lines 3 and 4, insert the Office of the Sergeant at Arms and Door- the following: keeper, United States Senate, or (7) for the At the appropriate place in the bill insert the following new section: (5) COMPLIANCE DATE.—If new appropriated payment of Senate Recording and Photo- funds are necessary to comply with an order graphic Services. SEC. . REDUCTION OF PAY OF MEMBERS OF CONGRESS IN EVENT OF SEQUES- requiring correction of a violation of sub- SEC. 6. There are authorized such sums as TRATION. may be necessary for agency contributions section (b), compliance shall take place as (a) IN GENERAL.—Section 601(a) of the Leg- soon as possible, but no later than the fiscal related to the compensation of employees of islative Reorganization Act of 1946 (2 U.S.C. the committee from March 1, 1995, through year following the end of the fiscal year in 31) is amended— which the order requiring correction be- February 28, 1996, and March 1, 1996, through (1) in paragraph (1) by striking out ‘‘as ad- February 28, 1997, to be paid from the Appro- comes final and not subject to further re- justed by paragraph (2)’’ and inserting in lieu view. priations account for ‘‘Expenses of Inquiries thereof ‘‘as adjusted by paragraphs (2) and and Investigations.’’ On page 31, line 13, after ‘‘(b)’’ insert ‘‘ex- (3)’’; and cept’’. f (2) by adding at the end thereof the follow- On page 31, between lines 17 and 18, insert ing new paragraph: the following: SENATE RESOLUTION 46—MAKING ‘‘(3)(A) The annual rate of pay for each po- MAJORITY PARTY APPOINT- (3) ENTITY RESPONSIBLE FOR CORRECTION.— sition described under paragraph (1) shall be The regulations issued under paragraph (1) MENTS TO THE ETHICS COMMIT- reduced (for the period beginning on the ef- shall include a method of identifying, for fective date under subparagraph (B)(i)(I) TEE purposes of this section and for categories of through the end of the fiscal year in which violations of subsection (b), the entity re- Mr. LOTT (for Mr. DOLE) submitted such adjustment takes effect) by the per- sponsible for correction of a particular viola- the following resolution; which was centage necessary to reduce the total annual tion. considered and agreed to: pay for such position by the uniform per- On page 32, line 6, insert ‘‘and the Office of S. RES. 46 centage determined under— the’’ before ‘‘Architect’’. Resolved, That the following shall con- ‘‘(i) section 251(a)(2) of the Balanced Budg- et Emergency Deficit Act of 1985 (2 U.S.C. On page 32, line 6, strike ‘‘, and to the’’ and stitute the majority party’s membership on insert ‘‘or other’’. the following Senate committee for the 104th 901(a)(2)) in any fiscal year in which there is a sequester under section 251 of such Act; On page 32, lines 7 through 9, strike ‘‘, as Congress, or until their successors are ap- determined under regulations issued by the pointed: ‘‘(ii) section 252(c)(1)(C) of the Balanced Budget Emergency Deficit Act of 1985 (2 Board under section 304 of this Act,’’. Ethics: Mr. McConnell (Chairman), Mr. On page 35, line 13, strike ‘‘and’’ and insert Smith, and Mr. Craig. U.S.C. 902(c)(1)(C)) in any fiscal year in which there is a sequester under section 252 a comma. f of such Act; and On page 35, line 14, insert before the semicolon the following: ‘‘, and any entity listed SENATE RESOLUTION 47—RELAT- ‘‘(iii) section 253(e) of the Balanced Budget Emergency Deficit Act of 1985 (2 U.S.C. in subsection (a) of section 210 that is re- ING TO THE DESIGNATION OF 903(e)) in any fiscal year in which there is a sponsible for correcting a violation of this COMMITTEE CHAIRPERSONS FOR sequester under section 253 of such Act. section, irrespective of whether the entity THE 104TH CONGRESS ‘‘(B)(i)(I) An adjustment under subpara- has an employment relationship with any covered employee in any employing office in Mr. LOTT (for Mr. DOLE) submitted graph (A) shall take effect on the first day of which such a violation occurs’’. the following resolution; which was the first applicable pay period beginning on or after the date on which an intervening On page 36, line 3, strike ‘‘(a) and (f)’’ and considered and agreed to: election of the Congress occurs following the insert ‘‘(a), (d), (e), and (f)’’. S. RES. 47 sequester. On page 36, lines 4 and 5, strike ‘‘(a) and Resolved, That the following Senators are ‘‘(II) Effective on the first day of the first (f)’’ and insert ‘‘(a), (d), (e), and (f)’’. designated as the Chair of the following com- applicable pay period beginning on or after On page 36, lines 15 through 17, strike ‘‘, as mittees for the 104th Congress, or until their October 1 of the fiscal year following the fis- determined appropriate by the General Coun- successors are chosen: cal year in which an adjustment took effect sel pursuant to regulations issued by the Committee on Agriculture, Nutrition, and under subclause (I), the rate of pay for each Board pursuant to section 304’’. Forestry: Mr. Lugar, Chairman. position described under paragraph (1) shall On page 37, line 4, strike ‘‘section 405’’ and Committee on Appropriations: Mr. Hat- be the rate of pay which would be in effect if insert ‘‘subsections (b) through (h) of section field, Chairman. not for the provisions of this paragraph. 405’’. Committee on Armed Services: Mr. Thur- ‘‘(ii) If more than one adjustment would On page 37, line 12, strike ‘‘section 6(b)(6)’’ mond, Chairman. take effect on the same date in accordance and insert ‘‘sections 6(b)(6) and 6(d)’’. January 11, 1995 CONGRESSIONAL RECORD — SENATE S 811 On page 37, line 14, strike ‘‘655(b)(6)’’ and House of Congress to reimburse the other The PRESIDING OFFICER. Without insert ‘‘655(b)(6) and 655(d)’’. House of Congress.’’. objection, it is so ordered. On page 37, line 16, strike ‘‘section 405’’ and On page 75, between lines 4 and 5, insert insert ‘‘subsections (b) through (h) of section the following: COMMITTEE ON ENERGY AND NATURAL 405’’. (b) FINANCIAL AND ADMINISTRATIVE SERV- RESOURCES Beginning with page 37, line 24, strike all ICES.—The Executive Director may place or- Mr. LOTT. Mr. President, I ask unan- through page 38, line 4, and insert the follow- ders and enter into agreements for goods and imous consent that the Committee on ing: services with the head of any agency, or Energy and Natural Resources be (6) COMPLIANCE DATE.—If new appropriated major organizational unit within an agency, granted permission to meet during the funds are necessary to correct a violation of in the legislative or executive branch of the subsection (a) for which a citation is issued, United States in the same manner and to the session of the Senate on Wednesday, or to comply with an order requiring correc- same extent as agencies are authorized under January 11, 1995, for purposes of con- tion of such a violation, correction or com- sections 1535 and 1536 of title 31, United ducting a business meeting. Items to be pliance shall take place as soon as possible, States Code, to place orders and enter into considered include the committee’s but not later than the end of the fiscal year agreements. budget resolution for a 2-year period, following the fiscal year in which the cita- On page 75, line 5, strike ‘‘(b)’’ and insert March 1, 1995 through February 29, 1997; tion is issued or the order requiring correc- ‘‘(c)’’. and changes in committee rules and or- tion becomes final and not subject to further On page 77, line 9, after ‘‘after’’ insert ‘‘re- ganizational changes in full committee review. ceipt by the employee of notice of’’. On page 38, between lines 18 and 19, insert On page 80, line 24, strike ‘‘(b)’’ and insert and subcommittee jurisdiction. the following: ‘‘(a)’’. The PRESIDING OFFICER. Without (3) EMPLOYING OFFICE RESPONSIBLE FOR COR- On page 88, line 18, before ‘‘this section’’ objection, it is so ordered. RECTION.—The regulations issued under para- insert ‘‘section 404 and’’. COMMITTEE ON FOREIGN RELATIONS graph (1) shall include a method of identify- On page 89, line 21, strike ‘‘may’’ and insert ing, for purposes of this section and for dif- ‘‘shall’’. Mr. LOTT. Mr. President, I ask unan- ferent categories of violations of subsection On page 90, line 11, strike ‘‘(d)’’ and insert imous consent that the Committee on (a), the employing office responsible for cor- ‘‘(e)’’. Foreign Relations be authorized to rection of a particular violation. On page 90, line 14, after ‘‘be,’’ strike meet during the session of the Senate On page 38, line 23, after ‘‘General Coun- ‘‘may’’ and insert ‘‘shall’’. on Wednesday, January 11, 1995, at 10 sel’’ insert ‘‘, exercising the same authorities On page 90, line 25, strike ‘‘paragraph (1)’’ a.m. to hold a business meeting to vote of the Secretary of Labor as under sub- and insert ‘‘subsection (a)’’. section (c)(1),’’. on pending items. On page 91, line 5, strike ‘‘407’’ and insert The PRESIDING OFFICER. Without On page 39, line 3, strike ‘‘and’’. ‘‘405(f)(3), 407,’’. On page 39, line 4, after ‘‘Assessment’’ in- On page 93, strike lines 3 through 8, and in- objection, it is so ordered. sert ‘‘, the Library of Congress, and the Gen- sert the following: eral Accounting Office’’. COMMITTEE ON INDIAN AFFAIRS (c) HEARINGS AND DELIBERATIONS.—Except On page 39, lines 12 through 14, strike ‘‘, as Mr. LOTT. Mr. President, I ask unan- as provided in subsections (d), (e), and (f), all determined under regulations issued by the imous consent that the Committee on proceedings and deliberations of hearing offi- Board under section 304 of this Act,’’. cers and the Board, including any related Indian Affairs be permitted to meet On page 41, lines 17 and 18, strike ‘‘Subject records, shall be confidential. This sub- during the session of the Senate on to subsection (d), the’’ and insert ‘‘The’’. section shall not apply to proceedings under Wednesday, January 11, 1995, for the On page 42, line 25, strike ‘‘section 405’’ and section 215, but shall apply to the delibera- purpose of holding a business meeting insert ‘‘subsections (b) through (h) of section tions of hearing officers and the Board under 405’’. to select a chairman and vice-chair- that section. On page 44, line 1, strike ‘‘section 405’’ and man, approve a budget, and approve its On page 94, line 12, strike ‘‘102(b)(2)’’ and insert ‘‘subsections (b) through (h) of section rules. 405’’. insert ‘‘102(b)(3)’’. The PRESIDING OFFICER. Without On page 105, lines 7 and 9, insert ‘‘of 1990’’ On page 44, line 8, strike ‘‘graphs (1) and’’ objection, it is so ordered. and insert ‘‘graph (1) or’’. after ‘‘Act’’. On page 44, line 8, before ‘‘may’’ insert a f COMMITTEE ON LABOR AND HUMAN RESOURCES comma. Mr. LOTT. Mr. President, I ask unan- On page 45, line 1, strike ‘‘(c)’’ and insert NOTICE OF HEARINGS imous consent that the Committee on ‘‘(d)’’. COMMITTEE ON RULES AND ADMINISTRATION Labor and Human Resources be author- On page 45, line 6, strike ‘‘(d)’’ and insert Mr. STEVENS. Mr. President, I wish ized to meet for a hearing on Federal ‘‘(e)’’. On page 45, line 20, strike ‘‘(d)’’ and insert to announce that the Committee on job training programs, during the ses- ‘‘(e)’’. Rules and Administration will meet in sion of the Senate on Wednesday, Janu- On page 49, line 9, strike ‘‘(e)’’ and insert SR–301, Russell Senate Office Building, ary 11, 1995, at 9 a.m. ‘‘(f)’’. on Wednesday, January 18, and Thurs- The PRESIDING OFFICER. Without On page 49, line 14, strike ‘‘(d)(2)’’ and in- day, January 19, 1995, at 9:30 a.m. on objection, it is so ordered. sert ‘‘(e)(2)’’. each day, to receive testimony from COMMITTEE ON SMALL BUSINESS On page 49, line 18, strike ‘‘(d)’’ and insert committee chairmen and ranking ‘‘(e)’’. Mr. LOTT. Mr. President, I ask unan- members on their committee funding On page 50, line 3, strike ‘‘witness’’. imous consent that the Small Business resolutions for 1995 and 1996. On page 54, strike line 11, and insert ‘‘than Committee be authorized to meet dur- For further information concerning December 31, 1996—’’. ing the session of the Senate on these hearings, please contact Chris- On page 56, line 25, insert ‘‘Senate’’ before Wednesday, January 11, 1995, at 4 p.m. ‘‘Fair’’. tine Ciccione of the committee staff on The committee will hold a full commit- On page 57, line 1, strike ‘‘of the Senate’’. 224–8921. On page 67, line 16, strike ‘‘issuing’’ and in- tee organizational meeting to consider f sert ‘‘adopting’’. and adopt committee rules and the On page 68, line 15, after the semicolon, in- AUTHORITY FOR COMMITTEES TO committee budget resolution. sert ‘‘and’’. MEET The PRESIDING OFFICER. Without On page 73, line 3, before the period insert objection, it is so ordered. ‘‘under paragraph (1)’’. COMMITTEE ON BANKING, HOUSING, AND URBAN On page 75, line 4, before the period insert AFFAIRS SELECT COMMITTEE ON INTELLIGENCE ‘‘, except that a voucher shall not be re- Mr. LOTT. Mr. President, I ask unan- Mr. LOTT. Mr. President, I ask unan- quired for the disbursement of salaries of imous consent that the Committee on imous consent that the Select Commit- employees who are paid at an annual rate’’. Banking, Housing, and Urban Affairs tee on Intelligence be authorized to On page 75, line 4, after the period insert be authorized to meet during the ses- meet during the session of the Senate the following: ‘‘The Clerk of the House of Representatives and the Secretary of the sion of the Senate on Wednesday, Janu- on Wednesday, January 11, 1995, at 3 Senate are authorized to make arrangements ary 11, 1995, to conduct a full commit- p.m. to hold a closed business meeting. for the division of expenses under this sub- tee business meeting to organize for The PRESIDING OFFICER. Without section, including arrangements for one the 104th Congress. objection, it is so ordered. S 812 CONGRESSIONAL RECORD — SENATE January 11, 1995 ADDITIONAL STATEMENTS snipe. We engage in the kind of heated The assistant legislative clerk pro- battles only family members could get ceeded to call the roll. away with, but, in the end, it is the Mr. BYRD. Mr. President, I ask unan- RECOGNITION OF HARRY family ties that bind. imous consent that the order for the CLEMMONS We can no longer take our good quorum call be rescinded. ∑ Mr. GORTON. Mr. President, today I neighbors for granted. Our national se- The PRESIDING OFFICER. Without recognize Harry Clemmons, Kennewick curity and our economic well-being are objection, it is so ordered. School District’s middle school direc- inextricably linked to the health and f tor, for his leadership in fighting stability of Mexican society and the school violence. Mexican economy. We face a far great- 1994 MEN OF THE YEAR Last January, I organized a meeting er threat from instability in Mexico Mr. BYRD. Mr. President, recently I of over 200 parents, teachers, adminis- than we will ever face from open con- received a newspaper insert from the flict or economic chaos in most of the trators, and students. At this con- St. Louis Post-Dispatch concerning the places American diplomatic attention ference I listened carefully to the con- selection of 2 of our former colleagues and foreign aid are currently focused. cerns and ideas of those in attendance. as the 1994 St. Louis Men of the Year. We must help the Mexicans stabilize While I heard many varied and dif- Former Senators Tom Eagleton and the peso, to renegotiate their debt, and ferent suggestions, one theme was con- John Danforth were selected to receive to develop an economic strategy of stant. Innovative and resourceful pro- this prestigious designation by 19 of long-term investment and growth that grams which educators work hard to their fellow citizens, each of whom had will improve the quality of life of all plan and execute deserve more recogni- been chosen in the past for this same Mexicans, and, by extension, the qual- tion. I therefore promised to recognize, award. They are the 41st and 42d indi- on a monthly basis, a school or school ity of life of all Americans. To do as we have been doing, to focus viduals to be so honored by the St. program that is outstanding and inno- Louis Post-Dispatch since the award vative. The school violence prevention on the problems of other continents while ignoring our own, is asking to was first established in 1955. programs that Harry Clemmons has worrying over a distant storm as I congratulate the Post-Dispatch on successfully implemented are worthy its excellent selections of this dynamic wolves gather in our backyard.∑ of such recognition. duo. Both of these men were shining It is time we took the steps nec- f lights when they served here among us essary to regain control of our Nation’s ORDERS FOR THURSDAY, in the Senate, and they have both obvi- schools. In Washington State, for ex- JANUARY 12, 1995 ously continued to shine and inspire in ample, violent crimes by youths have Mr. LOTT. Now, Mr. President, I ask private life. doubled in number in the past decade, unanimous consent that when the Sen- Jack Danforth was a voice of reason despite a 3-percent reduction in the ate completes its business today, it and moderation in the Senate. He was youth population. Our superintendent stand in recess until the hour of 9 a.m. a credit to his party precisely because of public instruction recently released on Thursday, January 12, 1995; that fol- he was never a slave to the party line. her annual report of weapons in Wash- lowing the prayer, the Journal of pro- Senator Danforth’s calm reasoned ap- ington State schools for the 1992–93 ceedings be deemed approved to date proach to the issues of the day, no mat- school year. A total of 2,237 incidents and the time for the two leaders be re- ter how politically charged gave him of possession of firearms or dangerous served. enormous credibility of the type that is weapons on school premises were re- I further ask unanimous consent that so needed in the Senate today. His ported by school districts and approved there then be a period for the trans- presence is sorely missed in the Cham- private schools. action of morning business not to ex- ber. The prevalence of such incidents is tend beyond the hour of 10 a.m., with Senator Tom Eagleton is a personal constantly increasing, as is the vari- the following Senators to be recognized friend, and has been for many years, in ation and types of weapons. We must under the following limitations: Sen- addition to being an individual for address this problem now. We must en- ator GRASSLEY for 10 minutes, Senator whom I have tremendous respect and sure the safety of our children in THOMAS for 10 minutes, Senator SIMP- admiration. Over the years, Tom school and provide a learning environ- SON for 10 minutes, and Senator Eagleton has stayed in touch with my ment free of violence and disruption. CONRAD for 30 minutes. office, and he is never too busy to Mr. Harry Clemmons and his innova- The PRESIDING OFFICER. Without weigh in when the battle needs his en- tive prevention programs should con- objection, it is so ordered. ergy and his force of character. Sen- tinue to be promoted throughout Wash- f ator Eagleton brought to this chamber ington State, as well as the entire an irrepressible personal and intellec- United States. Recognizing that a CONSIDERATION OF S. 1 tual honesty which was apparent in his problem exists and taking the initia- Mr. LOTT. Mr. President, under a floor statements and in the positions tive to develop successful programs is previous unanimous-consent agree- that he took on the issues of the day. the key to improving our education ment, at 10 a.m. Thursday, the Senate If one wanted to hear the unvarnished system.∑ will begin consideration of S. 1, the un- truth, no matter how unpopular it f funded mandates bill for debate only might be to utter, one could always prior to 2 p.m. Therefore, there will be look to Tom Eagleton to come to the REGARDING THE ECONOMIC CRISIS no rollcall votes prior to 2 p.m. on point, and to state with eloquence and IN MEXICO Thursday. with logic the bottom line. Common ∑ Mr. D’AMATO. Mr. President, while Mr. DASCHLE. Mr. President, as I sense has been called genius dressed in American diplomats and foreign policy understood the unanimous-consent its working clothes. Tom Eagleton has pundits hand-wring over various crises agreement last night, there would be an abundance of that often too-scarce in Eurasia and the American military no amendments laid down prior to 2 commodity. is hand-holding the doomed in a num- o’clock, and I would just want to con- I congratulate both Senator Eagleton ber of Third World quagmires, an eco- firm that with the distinguished major- and Senator Danforth. They have nomic crisis of alarming proportions is ity whip. brought great credit to the Senate by threatening to engulf our nearest Mr. LOTT. I believe that was the un- their service in the body and now as neighbor to the south. Could there be a derstanding, that there would be de- private citizens. St. Louis is much the better example of the failure of our for- bate only until 2 and no amendments richer for the Senate’s loss in the case eign policy than the potential collapse offered until after 2 p.m. of these two fine former Members. of Mexico? Mr. President, I suggest the absence Mr. President, I ask unanimous con- I believe that charity begins at home. of a quorum. sent that an insert from the St. Louis Mexico and Canada are part of the The PRESIDING OFFICER. The Post-Dispatch be printed in the RECORD American family. Yes, we bicker. We clerk will call the roll. at this point. January 11, 1995 CONGRESSIONAL RECORD — SENATE S 813 There being no objection, the mate- and want, of crime and poverty and people Tom also had a half-brother, Kevin, a St. rial was ordered to be printed in the killing each other on the streets and on the Louis lawyer-businessman. RECORD, as follows: battlefield. From the windows of his law of- Tom would follow in the career footsteps of fice on the top floor of a sleek downtown of- his father, a strong-willed, strong-voiced at- [From the St. Louis Post-Dispatch] fice building, he can look through the Arch, torney, whose closing courtroom arguments THE 1994 ST. LOUIS MEN OF THE YEAR: symbol of progress, to see poverty and pain. are said to have been heard through open THOMAS F. EAGLETON AND JOHN C. DANFORTH Thomas Francis Eagleton deals with both windows up and down Market Street. (By Mary Kimbrough) worlds with humor and energy and grace. A Bull Moose Republican, with the pro- And sometimes with righteous outrage. gressive stripe of Theodore Roosevelt, Mark For the second time in its history, the St. After his retirement from the Senate, he Eagleton left his party in 1944 when his hero, Louis Man of the Year Award is given to two was invited to a partnership in the legal firm men, Thomas Francis Eagleton and John Wendell Willkie, was denied re-nomination of Thompson & Mitchell, with a charge to for a second run at the White House. He be- Claggett Danforth, who have represented continue to serve this community. In his Missouri in the United States Senate, one came a Democrat, and publicly announced eighth year off the political fast track he his support of Franklin D. Roosevelt for a who left the Senate in 1986; and one who will may have tempered a little—but just a lit- officially retire on January 3. fourth term. tle—the jittery lifestyle described by a Post- Four years earlier, the senior Eagleton had The footsteps of the two honorees, one a Dispatch reporter at the time he left Wash- Democrat, one a Republican, have trod par- taken his son to the party convention in ington. Philadelphia where the exuberant 11-year-old allel paths. Both are graduates of Country ‘‘He still bounds around corners talking 90 met Willkie, Robert Taft, Thomas E. Dewey Day School. Both are graduates of eastern miles a minute, whips into a room with 40 and other party leaders. universities, Eagleton of Amherst, Danforth things on his mind * * * and generally vi- ‘‘I decided I was for Dewey because he was of Princeton, and of Ivy League law schools, brates like an oversized sparkplug.’’ handing out more buttons and horns and Eagleton of Harvard University, Danforth of His lifestyle is much calmer now that he Yale University. has returned to his legal career. He and his hats.’’ Both became practicing attorneys. Both wife, the former Barbara Smith, parents of a Many years later, his eyesight failing, served as attorney general of Missouri. grown daughter, Christy, and son, Terence, Mark Eagleton would sit in the Senate Gal- Both carry distinguished St. Louis family make their home in Clayton. lery to hear his younger son take the oath of names, were intrigued in boyhood by politics Barbara, whom he married in 1956, learned office. He would remember and be glad that and joined lively discussions of national and to share his political activism during his ca- he had given this rookie senator a good start world issues around the dinner table. reer. When they moved back to Missouri, she in their robust after-dinner conversations. Although they did not know one another organized the Women’s Democratic Forum, Sometimes Zitta finished her meal alone. well in St. Louis—Eagleton was ahead of now with some 350 members, who meet regu- Tom and Mark Jr. would eat as fast as they Danforth’s class at Country Day—they be- larly to hear distinguished speakers on cur- could to keep up with their dad who would came good friends in Washington. Both of rent issues. then escort them into the living room to them would cross party lines in their voting Neither Christy nor Terence has shown any start the evening discussion. records. inclination to enter politics. Christy is in ‘‘Our three favorite subjects were history, ‘‘We decided that working together for Washington, engaged to be married and baseball and politics,’’ Tom recalled. ‘‘Of Missouri was the right thing to do,’’ said working with International Sprint. Terence course, politics had a lot of side issues. Fre- Eagleton. That was their common concern. is a television producer in New York. quently, we argued so much that without When Eagleton retired, Danforth paid trib- ‘‘Politics is not for everyone,’’ said their knowing it we switched sides to keep the ar- ute. ‘‘When most candidates are going nega- father. ‘‘It’s a unique profession and for gument going. That is where I first became tive,’’ he said in his remarks from the Senate whatever reason, you have to immerse your- interested in politics.’’ floor, ‘‘when many candidates are taking self in it. When I was in the Senate, I went All three loved the Cardinals and each year cheap shots, Tom Eagleton is and will re- back to Missouri nearly every week. That’s when the boys were quite young, the whole main the standard for what politics should one of the down sides. I didn’t have time to family went to spring training. be—for decency and fairness and principle.’’ take my children to baseball games or school ‘‘Mother was dragooned,’’ said Eagleton. They will be honored at ceremonies at 10:30 functions. I didn’t have enough leisure time ‘‘She didn’t abhor baseball but she sure a.m., Friday, Jan. 6, in the John M. Olin with my children. didn’t love it the way we did.’’ School of Business at Washington Univer- ‘‘The best politics is back home.’’ The boys were enrolled in a half-day school sity. A reception will follow. Now that he is relieved of that pressure, he in a quonset hut. Zitta would pick them up Eagleton and Danforth were selected by has found the time to write, to teach, to lec- at noon and take them to Al Lang Field, the former recipients of the award, established 40 ture and, as an ardent sports fan, to follow ballpark. years ago by the St. Louis Globe-Democrat his cherished Cardinals. ‘‘We would stay in the Bainbridge Hotel to recognize outstanding civic contributions, ‘‘I like the day games,’’ he said, with the where all the players stayed and eat in the leadership and service to the community. fervor of a unabashed fan. ‘‘That’s old-fash- dining room with them. I remember espe- When that newspaper ceased publication, ioned baseball. I’m there nearly every Sun- cially Pepper Martin, Terry Moore and How- previous honorees joined to maintain the an- day afternoon. I will be thrilled when the ard Krist, a relief pitcher. Krist was very nual award and carry on the tradition. For Cardinals once again play on grass.’’ kind to us. the past eight years, the St. Louis Post-Dis- But this year, he has been concentrating ‘‘Dad was a member of the St. Louis Board on another sport, working with the deter- patch has served as sponsor of the annual of Education and he used to take me with mination of a bulldozer to bring the National award. him to meetings at 911 Locust. That was be- Football League back to St. Louis. THOMAS F. EAGLETON tween 1937 and 1943. I would sit out in the au- At the request of Congressman Richard dience. Tom Eagleton bounces through life like a Gephardt, Mayor Freeman Bosley and Coun- sacked Joe Montana jumping off the turf and ty Executive Buzz Westfall, he has headed ‘‘Those were very exciting times. There brushing off the bruises. A devout Cardinal FANS Inc., a civic committee devoted to per- were great arguments and debates and I said fan—the baseball variety—he charges suading the Los Angeles Rams to move here. to myself, ‘Wouldn’t it be interesting doing through his day like Pepper Martin barreling ‘‘Politics was all consuming,’’ he said. Now something like that?’ into a hapless catcher. And he’s on the tele- football is all consuming.’’ ‘‘I had begun to focus on the Senate when phone more often than Joe Torre calling the But Eagleton hasn’t lost his passion for I was in high school at Country Day. But bullpen. politics and history, and his love for America there, and in college, I was the tactician, the At 65, Eagleton is many persons. Retired and St. Louis. This passion and this love are pseudo Jim Farley. I didn’t run for anything. U.S. senator, political scientist, college pro- his heritage. To continue this heritage, the I was interested in the strategy.’’ fessor, TV commentator, newspaper col- Federal Courthouse now under construction After graduating from Country Day, Tom umnist. He is the sandlot kid grown to senior in downtown St. Louis has been named the went to Amherst where he received his bach- status, the urbane civic statesman in shirt ‘‘Thomas F. Eagleton Federal Courthouse.’’ elor of arts degree before going on to Har- sleeves, sometimes disheveled, his gray hair He was born into an Irish Catholic home on vard University for his law degree. a bit mussed, turning up the volume of his Tower Grove Place in South St. Louis, where Then, after graduation and a stint in the voice as he leads the charge. politics was polished to a fine art, and named Navy at Great Lakes, he came back to St. For the born-and-bred sports buff with a for his immigrant grandfather. He and his Louis, carrying with him that dream of pub- lifelong love affair with politics, a perfect older brother, Mark Jr., were the sons of lic office. world is an exuberant, scrappy, warm-heart- Mark D. Eagleton, prominent figure in city Over the next 12 years, he was elected, in ed world of good talk and good friends, of politics and one-time candidate for mayor, turn, St. Louis circuit attorney, Missouri at- family and a St. Louis Rams-Kansas City and Zitta Eagleton, Mark’s gentle and soft- torney general and Missouri lieutenant gov- Chiefs Super Bowl in the new stadium, of spoken wife, who was determined that one ernor, chalking up aggressive and note- rousing arguments and politics and the law boy would be a doctor, the other a lawyer. worthy records in each office. and the Democratic party. That’s just what they would do. Mark Jr., No longer was he a young Jim Farley. Now But he also knows the imperfect world went to medical school and became a promi- he was learning to plan his own career strat- that can be down and dirty, a world of war nent St. Louis radiologist. He died in 1985. egy, sometimes a bit homespun, sometimes S 814 CONGRESSIONAL RECORD — SENATE January 11, 1995 more costly in shoe leather than in sophisti- Eagleton amendment stopped that. For all There is simply not that degree of confidence cated political advertising. He talked to the practical purposes that ended American par- today.’’ people face to face. That was, and is, the ticipation in that dreadful war.’’ A man of Tom Eagleton’s optimistic na- Eagleton style. His sense of humor was his As Charlotte Grimes wrote in the Post-Dis- ture can’t stay grumpy long. But he is also trademark. patch at the time of his retirement, ‘‘It, a realist. So in 1968, at the age of 39, according to an along with the War Powers Act that limited ‘‘I really hate to say this, but in all candor informal biography from his office, ‘‘Tom presidential authority to send troops into I see things getting worse before they get Eagleton loaded his wife, two children and combat, was a culmination of sorts: Eagleton better. Maybe there has to be a shared sense the family dog into his station wagon and had campaigned for the Senate on a platform of sacrifice. If things are not going well, headed for Washington.’’ calling for an end to the war in Vietnam.’’ we’ve got to get together and turn this thing He had reached his ultimate career goal. ‘‘I Even though he is no longer a lawmaker, around. There was such a shared sense dur- had achieved that. I didn’t lust (to use Presi- Eagleton keeps a close eye on the Congress ing the Great Depression. Everyone had a dent Carter’s word) for anything higher.’’ and, especially, on America’s continuing in- shared sense of ‘We’ve got to get out of this.’ Despite that, in one of the low spots of his volvement in foreign affairs. We don’t have that now. career, he almost snagged the brass ring in An astute observer and prognosticator, he ‘‘But the economy is pretty darned good. It 1972 when George McGovern, the Democratic predicted before the November elections that ought to be good enough for someone to get nominee, chose him as his running mate. the Democrats ‘‘would take a pretty good re-elected president.’’ Three weeks into the campaign, he pulled licking. For St. Louis, he has the same mix of opti- out after revealing, with true Eagleton can- ‘‘We will have gridlock government for two mism and realism. ‘‘I am generally optimis- dor, that he had been undergoing medical years. It will be a war of words between the tic about the greater metropolitan area. I treatment for depression. White House and the Congress.’’ wish I could be more optimistic about the ‘‘People thought it would get me down,’’ he As for engagements abroad, he continues inner city. When Ray Tucker was mayor, we said. ‘‘It did not overwhelm me. I took it as to be, as he was in the Senate, a centrist able a facet of life, a difficult facet of life, but I had 900,000 people. Now it’s down to 380,000. to cross party lines. The tax base goes down and the needs for never viewed it as irreparably catastrophic. ‘‘I was opposed to sending military forces ‘‘I never had any great ambition to be vice public services continue or even increase. to Haiti but so far it has worked pretty well. ‘‘What would I do if I were selling the city president nor did I ever have any notion I But the problem is how do we get out of would run for the presidency.’’ of St. Louis? there. We will have to leave some troops and ‘‘Transportation. Railroads. Airlines. He would be re-elected to the Senate twice, a lot of money. Haiti can no more be made and in June 1984, he announced he would not MetroLink is a real plus. Fine universities. into a democracy today than I can fly to the Fortune 500 companies. Excellent and ag- seek a fourth term. moon. gressive banks. A skilled workforce. Now, after eight years as ‘‘Tom Citizen,’’ ‘‘Democracy is a very sophisticated form of ‘‘But the St. Louis school system isn’t he looks back on those days, surrounded in government. The Haitians are not sophisti- what it should be. Housing in the city is not his office by shelves filled with books on his- cated people. They have an 80 percent illit- what it should be. Distribution of health tory and politics. In 1974, he added his own to eracy rate. care is uneven. Well, you say, there are Clay- America’s library of public servants’ books, ‘‘I think the two philosophical extremes ton and Ladue and other county commu- ‘‘War and Presidential Power; A Chronicle of are both wrong. One is that we are the nities. But if the urban center atrophies, the Congressional Surrender.’’ world’s policeman, that it is our job to inter- area as a whole atrophies. On his wall are photographs, many of vene in all sorts of places, send our army, which picture his special presidential heroes, ‘‘Simply because you live in Clayton or send our air force and bring peace and justice Franklin D. Roosevelt and Harry S Truman. Ladue, you cannot be smugly complacent to anyone we think ought to have it. Eagleton also brought back to St. Louis ‘‘Then there is the old, stale position of and say everything is fine. Everything isn’t many happy memories of special triumphs Robert Taft, that our only business is be- fine. We are all in this together. If the city and bitter disappointments, but he carries no tween the Atlantic and the Pacific, maybe of St. Louis goes down, it will, in time, take nostalgic desire to return to the thick of Canada and Mexico, but nothing else is any the rest of the area with it.’’ government and the partisan warfare in the of our business. But Eagleton, the sports buff, has done Congress. In fact, he has seen both parties ‘‘That is equally wrong. We have some more than his share to lure what he believes ‘‘atrophy.’’ global responsibilities, for instance, the Mid- would be a real plus for St. Louis—NFL foot- ‘‘The two-party system is almost deceased. dle East. I was never embarrassed to say that ball. Back then you were proud to be a member of ‘‘It is an indicia of a town’s future. Right your party. You supported the platform. when President Bush went to Kuwait, the reason was oil because oil is indispensable to or wrong, St. Louis, to be a city of the fu- ‘‘The only current need of the two-party ture, has to have the identification of major system is to nominate someone for the presi- Europe and Japan, and to us, so that is an area where we were obliged to do something. sports teams.’’ dency every four years, but the strength of With his undying enthusiasm and positive the two parties has just withered away.’’ ‘‘There are finite limits to what we can do and what we can undertake. There is no outlook, every time he goes to a Cardinals Was there a single moment, a single vote baseball game, he’s thinking home run. by his colleagues, that made him want to magic line to be drawn. You cannot put in 50 words or less where we should go, how we Now, he’s added another word to his wish pull out of politics? No, he said, it was more list. a build up of disillusionment. The joy in the should go. To define American foreign policy Touchdown! job had not dimmed, but the cost of cam- in 50 words cannot be done. You have to decide case by case if this is something in the paigning had grown and the campaigns had JOHN C. DANFORTH grown ugly and ‘‘everlastingly long.’’ direct American interest. Then, turning the telescope around, he fo- It was a few days after the November elec- ‘‘As I raised funds for my last race, in 1980, tions. Voters had swept the majority party by contemporary standards it was cheap. It cused on problems closer to home. out of power like fragile leaves blown away was $1.2 million compared to today’s stand- ‘‘I think we are in a very ugly, negative by the autumn wind. With the Republicans’ ards of $5 million and up. time,’’ he said. ‘‘I have never seen the public stunning victory, Missouri’s senior senator, ‘‘I found fund raising to be increasingly so turned off not only by politicians as such Jack Danforth, could have known even distasteful. Back in those years you could but by the political process. Federal, state, greater power and influence than he has ac- raise practically all you needed in Missouri. county, municipal. They want no part of it.’’ But as politics was developing during that However, he said, ‘‘I think that 90 percent quired in his 18 years on Capitol Hill. era, the fund raising became all the more in- of the people in the House and Senate are But this is not what he wanted. To serve in tense. You had to go nationwide with a tin there, in their own minds, to do the right the Senate had been his dream since boy- cup begging for funds.’’ thing. hood. After three terms, however, he decided In the early days, it was easier and a lot ‘‘The work is stimulating, challenging, ex- against running another time and opted to more fun. citing. Dealing with situations where you leave the promised land on the Potomac to As a member of the Committee on Envi- think maybe you are doing the right thing: discover ‘‘life after politics.’’ ronment and Public Works, he led in the en- that outweighs the shortcomings. He will find that life in St. Louis. Jack actment of the Clean Air and Clean Water ‘‘We are called a participatory democracy. Danforth is coming home to stay. acts. On the Committee on Labor and Public That means that for its strength and vi- On this autumn afternoon, relaxed and Welfare, he authored the ‘‘Right to Read’’ brancy people have to participate. Write comfortable in a red plaid woodsman’s shirt program. His Older Americans Act is the your congressman. That’s a participatory de- and rough trousers, he sat in his Clayton of- basis of federal social services for the aging. mocracy. But instead of that, we are sort of fice and talked of his political and personal But he is especially proud of one piece of a complaining, griping democracy. philosophy, of the career he was leaving be- legislation, the so-called Eagleton amend- ‘‘In time, we will work ourselves out of hind, and of the new chapter of his life. ment to the American involvement in the this mood. I don’t know when; it won’t be His manner was reflective and deliberate. war in Southeast Asia. overnight. But unless the people have some His deep voice carried power without a hint ‘‘We had withdrawn from Vietnam but we degree of confidence in the public decision- of bluster. He often paused to consider an an- were still carpet bombing in Cambodia. The making process, there will be great agony. swer, then spoke with the decisiveness of a January 11, 1995 CONGRESSIONAL RECORD — SENATE S 815 man who harbors no doubt about his convic- selves, not as individuals only but as mem- and prestige. At the time of his decision to tions, but his conversation was brushed with bers of congregations. leave the Senate, he had attained the rank of humor and a grin often lightened his face. ‘‘The third is the obvious need of kids in 21st in seniority among the 100 senators. At 58, though his graying hair has caught the inner city.’’ Danforth calls them the 20th He was senior member of the Finance Com- up with the distinctive white forelock, he is century ‘‘widow and orphan’’ of Biblical mittee, the ranking Republican member of young enough to make a major change in the days. the Committee on Commerce, Science and focus of his life. A staunch believer in the separation of Transportation, which he chaired in 1985–86, ‘‘I had always thought I wanted there to be church and state, Danforth does not base his the first Missouri senator to chair a major an end to my political life and a beginning of political opinion solely on the doctrine of his legislative committee since World War I. something after my political life,’’ he said. Episcopal denomination. But neither can he He was a principal author of legislation to ‘‘There was just a sense that I didn’t want ignore his moral and ethical convictions in- require strict on-the-job testing for drug and my self-identity, the way I viewed myself, as culcated in childhood, honed as a divinity alcohol use by key transportation workers, a person who had to be in public office, who student and solidified as a minister of the to strengthen federal and state laws against had to win the next election. I wanted there gospel. drunken driving, to improve the inspection to be life after politics.’’ While he is a loyal and committed Repub- of safety equipment on commercial trucks And so, the Lincolnesque figure, nurtured lican, he has known the political risk every and buses, to establish national standards in childhood by a grandfather who dared him senator on both sides of the aisle must face, for licensing professional drivers, to increase to reach for the best, and loving parents who of voting one’s conscience if it conflicts with the safety of passenger vehicles, and to ex- helped spur him on his way, has traded the the party’s position. He also has heard the pand and modernize airports and the air nation’s Congressional halls for the St. Louis screams from the press and voters who dis- transportation system. law firm of Bryan Cave and his Washington agree with him. But that’s nothing new for In the 102nd Congress, he was the principal mailing address for one in suburban St. an office holder and Danforth has thickened sponsor of the Cable Television Consumer Louis. his skin. Protection Act to stimulate competition in Thus he is returning to his roots as St. ‘‘There is a lot of room for humility in the cable television industry and provide Louis is a part of him and of his heritage. He working out your political position because local authority over rates in markets where was born and reared here, grandson of the as the Bible says, ‘My ways are not your service is a monopoly. late William H. Danforth, founder of Ralston ways and your thoughts are not my He has also been concerned with health Purina, son of the late Donald and Dorothy thoughts.’ You can’t claim that your posi- care costs, with efforts to improve edu- Clagget Danforth, brother of Dr. William H. tion on tax legislation or trade legislation or cation, to stimulate rural economic develop- Danforth, retiring chancellor of Washington the crime bill is something that directly is a ment, to encourage soil conservation, to in- University (1977 Man of the Year), business pipeline to God. It’s more of a question of crease Federal support for basic scientific re- leader Donald Danforth Jr. and Dorothy just trying to do your best and work things search and to reduce world hunger and mal- Danforth Miller. out.’’ nutrition. He graduated from Country Day School be- Still, he has kept his finger on the pulse of Of all his achievements as a senator, he is fore entering Princeton University and, his constituents, even as he views the world most proud of the Civil Rights Act of 1991, later, Yale Law School and Yale Divinity around him not as a narrow, militant par- providing for fairness in hiring, promotion School. He married the former Sally Dobson, tisan but as a moderate, and politics as the and other employment practices. who lived across the street when they were art of compromise. Recent Supreme Court decisions, ‘‘had teen-agers. Their four daughters and one son, ‘‘People think politicians have lost touch really turned the clock back on civil rights. though living their early lives in Washing- with the voters. Not true. They are com- ‘‘I don’t think you can do that. I wanted to ton, have maintained their ties to St. Louis pletely in touch. They can fly back and forth remedy that.’’ Also, he wanted his party in and three of them make their home, here. to seek constituents. They can take polls. the forefront of the fight for civil rights. The Danforths are a close clan, bound not They can have focus groups, find out within A major disappointment was the 1986 tax only by family ties but also by their obvious a margin of error of three percentage points act. ‘‘It started out as a good concept and affection and respect for one another. what people think. They’re very much aware turned sour. The problem was that in order But even with this major change in his life, of the next election, maybe too much so. to come up with additional revenue to make for John Claggett Danforth, scion of this dis- ‘‘However, having said all that, it’s also the numbers add up in conference, the bill tinguished St. Louis family, reared in com- important to be something more than a had to scuttle more and more from the tax fort and affluence, one essential part of his weathervane or someone who has his finger code that I felt was important.’’ life will not be altered or be left behind—his out to see where the currents are blowing. As co-chairman with Senator Bob Kerry of deep and personal religious faith. Because then you stand for nothing and all a commission to study entitlements—Medi- A politician in priestly robes, with a bach- you want to do is to get yourself elected. care, Medicaid, Social Security and the Fed- elor of divinity degree and a law degree, Dan- ‘‘What it really comes down to, if there is eral Retirement System—he has concluded forth has conscientiously carved time from a conflict, of course you have to vote your that entitlement spending will consume in his senatorial duties to give early morning conscience. But you do it with a lot of ago- the next couple of decades all tax revenues communion to parishioners in St. Alban’s nizing and a lot of listening and a lot of rec- ‘‘except for what we pay for interest on the Episcopal Church in the shadow of the Wash- ognition that on some of the things you vote debt and by about 2030 we won’t even be able ington Cathedral. In this new chapter of his for you may be wrong. Particularly, if you to pay interest on the debt.’’ life in St. Louis, he will carve time from his view politics as the business of compromise, What can be done? ‘‘There is a variety of legal duties to continue to serve his church. there are really few things you view as abso- things, all of them painful. You could means But Danforth is no pious recluse from the lutely terrific.’’ The crime bill, he said, test or adjust the cost of living formula. It is world. Rather, he is a quiet-spoken, re- would be an example. like a disease. The earlier you deal with it, sourceful activist, a low-key missionary, ‘‘It was a mix, with good things and bad the less painful the cure, the longer it goes, translating his faith in God into work for things. You do your best and you listen to the more painful the cure.’’ man. the public. But a lot of people were phoning The commission’s findings describe the That’s why he has founded InterACT, a in saying to vote against it and I voted for it. economic future that will confront Ameri- project for St. Louis congregations of all All complex legislation is like that.’’ cans during the first quarter of the 21st cen- faiths, designed to create opportunities for He supported former President Carter and tury if the Nation fails to act. church members, as organized groups, to voted with many Democrats on ratification ‘‘The picture that they paint is unsettling. give help to boys and girls of the inner city. of the Panama Canal Treaty because he con- The findings are not, however, a prediction This will be a major emphasis of his life in sidered it ‘‘the only responsible vote to of the future. They are merely the product of St. Louis. cast.’’ current budget policies if our course is not ‘‘I hope it all works out,’’ he said. ‘‘There ‘‘Some issues are hard. That one was not. changed. A better future for America can be is a big leap between a concept and actually It was a very clear case as far as I was con- secured if the country embarks on the course doing it. I just want to be the catalyst. cerned. It would have been such a mess had of long-term reform.’’ ‘‘InterACT is built around three inter- we not ratified the treaty, I did not view this However, he said, ‘‘We have a system of related concepts. The first is that religious as a party line issue. government which is ingenious and bril- people have a claim on them to live beyond ‘‘I am very comfortable with the basic Re- liantly devised more than 200 years ago by themselves. It is the love commandment, publican concept that government should be people who really put it together right. We ‘Love your neighbor as yourself,’ but the op- limited and the fundamental Republican have this very diverse country with all of portunities to do it aren’t always apparent. principles that government should operate these people, all of these different back- ‘‘The second premise is that religion, a with a light touch and not a heavy hand. The grounds and beliefs, and they come here from word that comes from the same root as liga- one thing that keeps the Republicans to- all over the world and bring so much.’’ ments, should hold things together. Religion gether is economics, trying to keep taxes The complex issues with which he has should be something that binds society but low, trying to keep spending low.’’ dealt in the Senate could not have occurred so often it is the opposite. Moving with steady grace, Danforth has to the boy Jack Danforth nearly a half-cen- ‘‘I think there are a lot of opportunities for risen through his party’s hierarchy, taking tury ago as he sat in the Senate gallery to religious people to do things beyond them- on more responsibilities and gaining power listen and watch. Certainly, he could not S 816 CONGRESSIONAL RECORD — SENATE January 11, 1995 have envisioned himself among those men. He was re-elected in 1972, went to the Sen- Anheuser-Busch Cos. Inc.; Edwin M. Clark, But that trip to Washington changed his life. ate four years later and was re-elected in president of Southwestern Bell Telephone ‘‘My parents had taken Don and me East 1982 and 1988. Co.; H. Sam Priest, chairman of the Auto- partly to attend Bill’s graduation from In this public life, he has received numer- mobile Club of Missouri; James P. Hickok, Princeton. I remember going to the Senate ous honors. The most recent—as co-recipient chairman of The First National Bank in St. chamber, sitting in the balcony and think- with Chancellor Danforth—is the Regional Louis; Dr. Charles Allen Thomas, board ing, ‘Gee, I would like to do that some- Commerce and Growth Association’s Right chairman of Monsanto Co.; James S. McDon- time.’ ’’ Arm of St. Louis award. nell, chairman of the board of McDonnell And so in that hour was born a dream that In 1988, one of the greatest honors in Amer- Douglas Corp.; William A. McDonnell, chair- would not be denied. Neither of his parents ica—the vice presidency—might have been man, The First National Bank in St. Louis; was interested in politics as a career but it his, rather than Dan Quayle’s. C. Powell Whitehead, chairman of General was typical of them, Jack said, that they James Baker, who was handling George Steel Industries; Frederic M. Peirce, chair- supported and encouraged whatever their Bush’s 1988 campaign, asked him to submit man of the board of General American Life children chose. material as a potential choice for the office, Insurance Co.; Maurice R. Chambers, chair- ‘‘It was a wonderful childhood. They were and although he was far from enthusiastic, man of the board, Interco, Inc.; George H. both very loving and supportive of us. They he sent it. Capps, president of Volkswagen Mid-America thought of us as different individuals. They ‘‘I was at the convention just one day. I Inc. and Capital Land Co.; Armand C. were non-directive. They didn’t tell us what had just returned home when I got a call Stalnaker, chairman of the board, General to do. Rather, they encouraged our from Bush saying he had selected Quayle as American Life Insurance Co.; Edward J. strengths. his running mate. ‘‘I said, ‘I’m happy to hear Schnuck, chairman of the executive commit- ‘‘Donald Danforth was really a wonderful that.’ Bush said in disbelief, ‘You are?’ ’’ tee, Schnuck Markets Inc.; Robert Hyland, father, a very kind man and very loving. Even the top office has never tempted him. senior vice president of CBS and general Every memory I have of my father is of a ‘‘It would be too pre-emptive of my life. The manager of KMOX and KLOU–FM Radio; and loving father, of a man who liked to hug us only reason to run for president is to win and Donald O. Schnuck, chairman of the board, a lot. if you win, that’s all you are for the rest of Schnuck Markets Inc. ‘‘With my brothers and sister and me, it your life. Mr. BYRD. Mr. President, I suggest ‘‘No, once I am out of the Senate, I am not was never fear that motivated us. It was a the absence of a quorum. desire to make our parents proud. That, to a senator. You are not a senator for the rest of your life. You close the book on that even The PRESIDING OFFICER. The me, is the great motivator. Even now that clerk will call the roll. they are gone, I want to make them proud though it was a wonderful chapter.’’ and make my wife proud, and our kids proud. Now that John Claggett Danforth has come The assistant legislative clerk pro- ‘‘For our children, it is the same. We are home again, the book is opened again for the ceeded to call the roll. very proud of them. They are also very dif- next chapter. Mr. LOTT. Madam President, I ask ferent. And they are really good kids. They SELECTION COMMITTEE unanimous consent that the order for have good values and are nice people.’’ Thomas F. Eagleton and John C. Danforth the quorum call be rescinded. None has chosen to follow him into politics were selected as the 1994 St. Louis Men of The PRESIDING OFFICER (Ms. although two have followed him into the the Year by 19 citizens, each of whom had SNOWE). Without objection, it is so or- law. The eldest, Eleanor (Mrs. Allan IV) Ivie, been chosen in the past for the award. They dered. lives here and keeps busy rearing her three are the 41st and 42nd to be so honored since sons. Mary (Mrs. Thomas) Stillman has her the award was first established in 1955. f law degree and is assistant dean at Washing- Listed on the selection committee, and in ton University. She is the mother of a boy order of their receiving the honor, are the ORDERS FOR TOMORROW and girl. Dorothy (Mrs. Johannes) Burlin, Rev. Paul C. Reinert, S.J., chancellor emeri- AMENDED known to the family as D.D., also is a law- tus of Saint Louis University; Howard F. Mr. LOTT. Madam President, I have yer, practicing under the name of Danforth. Baer, former president of the A.S. Aloe Co. Johanna (Mrs. Timothy) Root, known as and retired chairman, Bank of Ladue; Harold a couple of unanimous consent requests Jody, is a hospice nurse in Connecticut. E. Thayer, retired chairman, Mallinckrodt which have been checked with the Thomas is a senior at St. Olaf College in Inc.; W.L. Hadley Griffin, chairman of the Democratic leader and have been Northfield, Minn. executive committee, Brown Group Inc.; cleared. ‘‘In our family, the dinner table was and is Lawrence K. Roos, retired president of the So at this time I ask unanimous con- important. That was the time you knew the Federal Reserve Board of St. Louis; Edwin S. sent that the orders for tomorrow be family would be together. We weren’t going Jones, retired chairman and chief executive amended to reflect that the period for to watch television. We would sit there and officer of First Union Bancorporation and morning business be extended to the talk. The First National Bank; Dr. William H. ‘‘At the Senate I frequently got home late Danforth, chancellor of Washington Univer- hour of 10:30 a.m. with Senators per- but it was still important for us to be to- sity; William H. Webster, former director of mitted to speak therein for up to 5 gether. I would always ask the children, ‘Tell the Central Intelligence Agency and the Fed- minutes each and that at 10:30 the Sen- me about your day.’ Sally is the same way. eral Bureau of Investigation; Zane E. Barnes, ate begin consideration of the unfunded It’s important just to find the chance to retired chairman and chief executive officer mandates bill. show interest in kids and to take pride in of Southwestern Bell Corp.; Clarence C. The PRESIDING OFFICER. Without them, to find something they can do well and Barksdale, vice chairman of the board of objection, it is so ordered. appreciate that, to let them know you feel trustees, Washington University; G. Duncan they are terrific. Everyone has something Bauman, retired publisher of the St. Louis f that you can appreciate and praise.’’ Globe-Democrat; Sanford N. McDonnell, Although Jack’s desire to go into the min- chairman emeritus, McDonnell Douglas MEASURE PLACED ON THE istry did not blossom until his college days Corp., Charles F. Knight, chairman and chief CALENDAR—H.R. 1 at Princeton when he happened to have a executive officer, Emerson Electric Co.; Lee Mr. LOTT. Madam President, I ask free hour in his class schedule and a faculty M. Liberman, chairman emeritus, Laclede unanimous consent that H.R. 1, the advisor suggested a religion course in ethics. Gas Co.; August A. Busch III, chairman of ‘‘I liked that course and took another and the board and president of Anheuser-Busch House companion bill to the congres- ended up majoring in religion. I was really Cos. Inc.; Dr. Peter H. Raven, director of the sional coverage bill, be placed on the interested and decided between my junior Missouri Botanical Garden; William E. calendar. and senior years that I wanted to go into the Cornelius, retired chairman, Union Electric The PRESIDING OFFICER. Without seminary so I entered Yale Divinity School. Co.; Osborne E. ‘‘Ozzie’’ Smith, shortstop for objection, it is so ordered. ‘‘It was soon apparent that this was not for the St. Louis Cardinals; and H. Edwin f me as a full-time career. The parish ministry Trusheim, chairman, General American Life was something I was not equipped for so I re- Insurance Co. ORDER OF PROCEDURE verted to my original idea to go to law Twenty-one recipients have died: David R. school and by the time I started unwinding Calhoun Jr., chairman of the board of St. Mr. LOTT. Madam President, finally, my career path I was two years into Divinity Louis Union Trust Co.; Major Gen. Leif J. if no further business is to come before School.’’ So in 1963, he received both degrees. Sverdrup, chairman of the board of Sverdrup the Senate—I only see one other Sen- But Jack Danforth had a third string to his & Parcel Associates Inc.; Ethan A.H. ator waiting to speak. After the con- bow—politics. In 1968, in his first race for Shepley, chancellor of Washington Univer- clusion of the remarks by the distin- public office, Missouri attorney general, he sity; Stuart Symington, United States sen- achieved the first Republican victory in a ator from Missouri; Morton D. May, chair- guished Senator from Pennsylvania, I statewide race in more than 20 years and man of May Department Stores Co.; Thomas ask unanimous consent that the Sen- began a period of reform and two-party poli- B. Curtis, United States congressman from ate stand in recess as previously or- tics in Missouri. Missouri; August A. Busch Jr., chairman of dered. January 11, 1995 CONGRESSIONAL RECORD — SENATE S 817 The PRESIDING OFFICER. Without to have the case reviewed because of There is a move in many other objection, it is so ordered. the very unusual circumstances where States—in New York now, with the Mr. LOTT. I yield the floor, Madam a later investigation disproved his con- newly elected Governor; in Iowa at the President. fession and in fact showed that what he present time, and other States—to Madam President, I suggest the ab- had said at trial when he recanted— reinstitute the death penalty because sence of a quorum. that is took back his confession—that of the conclusion of most people that it The PRESIDING OFFICER. The it was his sister, was true, because the is an effective deterrent against vio- clerk will call the roll. State then proceeded to prosecutor the lent crime and we should use every The assistant legislative clerk pro- sister. Beyond the palpable unfairness weapon at our disposal to try to curtail ceeded to call the roll. to Jacobs, who was executed, without crimes of violence, which is the most Mr. SPECTER. Madam President, I the Supreme Court even reviewing the serious problem facing the United ask unanimous consent that the order case, this is a real threat to the contin- States on the domestic scene. for the quorum call be rescinded. ued use of the death penalty, which I I submit, Madam President, that if The PRESIDING OFFICER. Without believe is very important for law en- we impose the death penalty in a cal- objection, it is so ordered. forcement in the United States. lous or unreasonable fashion that we f I served as an assistant district at- are going to lose the death penalty. The death penalty remains a penalty THE DEATH PENALTY torney in Philadelphia for some 4 years, tried many cases of violence, which the American people want en- Mr. SPECTER. Madam President, robbery, murder, rape, and later was forced, as demonstrated by poll after within the past week, the State of district attorney of an office handling poll, with more than 70 percent of the Texas has executed a man named Jesse 30,000 prosecutions a year, including American people favoring the death Jacobs for murder in a case which, in some 500 homicide cases. I have found penalty. In the U.S. Senate during the an unusual twist, will severely hamper in that experience that the death pen- recent votes, more than 70 United law enforcement and thwart the use of alty is a very effective deterrent States Senators consistently voted in the death penalty as a deterrent against violence. favor of the death penalty, as they did against murder. The death penalty has been imposed on my Terrorist Prosecution Act, for In this case, the State of Texas first relatively little since 1972 when the Su- the imposition of the death penalty for convicted Jesse Jacobs on a murder terrorists anywhere in the world who preme Court of the United States in a charge and then convicted his sister, murder a U.S. citizen. case called Furman v. Georgia, said Bobbie Jean Hogan, for the same mur- But if we are to retain the death pen- that the death penalty was unconstitu- der, articulating very different factual alty, we are going to have to use it in tional, unless very stringent standards circumstances as to how the murder a very careful way. If we are to find were set where the State proved a se- was committed. cases like the Jacobs case, where a ries of aggravating circumstances In the first trial involving Jesse Ja- man is executed after the State rep- which overbalanced any mitigating cir- cobs, the State of Texas contended that resents, in an affirmative way, on the cumstances which the defendant might he had, in fact, committed the murder, subsequent trial of his sister Hogan produce—that is, that it was a very based largely on his confession. At the that, in fact, the materials presented horrendous offense. And all the people time of trial, Jesse Jacobs recanted his to the jury in the Jacobs case, where confession and said, in fact, that he on death row at that time had their the jury imposed the death penalty, was trying to protect his sister. The convictions invalidated. During the were false, then that is going to under- jury convicted him of murder in the course of the intervening years since mine public confidence in what we are first degree with the death penalty, 1972, there have been other Supreme trying to do. which was later imposed. Between that Court decisions which further limited For the past 5 years, I have tried to trial and the execution of Jesse Jacobs, the applicability of the death penalty. change the Federal procedures on Fed- which occurred within the past week, So that in the most recent statistics eral review of death penalty cases be- the State of Texas indicted his sister, available, with some 2,800 people on cause today it is ineffective. There are Bobbie Jean Hogan, and said that she, death row, only 38 cases had the sen- some cases which go on in the Federal in fact, had committed the murder, and tence of death carried out. courts for up to 20 years, where the she was convicted of homicide in the The statistics show that when the death penalty is not imposed because second trial. death penalty was being enforced, the of arcane and illogical decisions in the When the case reached the Supreme homicide rate was much less than it is appellate courts; where the case goes Court of the United States, the court in the period since 1972 when the death from the State courts to the Federal refused to hear the appeal of Jesse Ja- penalty had not been enforced. In my courts, back and forth on many occa- cobs on the ground that Jacobs had own State of Pennsylvania, there has sions, because of the Federal proce- presented no newly discovered evidence been no carrying out of the death pen- dural law which requires what is called requiring Federal review, which is a alty since 1962. exhaustion of State remedies. The case very startling finding under the facts My conclusion, as a former prosecut- will go to the Federal court, which will of this case. ing attorney, that the death penalty is, send it back to the States, saying there The decision by the Supreme Court in fact, a deterrent was based on many, has not been an exhaustion of State not to review Jesse Jacobs’ case was 6 many cases, where I saw professional remedies, and back to the State and to 3. And Justice John Paul Stevens burglars and robbers who were unwill- back to the Federal courts. said this in asking the Supreme Court ing to carry weapons because of the So that the legislation which I have to review the case: ‘‘It would be fun- fear that they might commit a killing pushed would give the Federal court ju- damentally unfair to execute a person in the course of a robbery or burglary, risdiction immediately, on the conclu- on the basis of a factual determination and that would constitute murder in sion of the State supreme court that that the State has formally dis- the first degree, as a felony murder. the death penalty is imposed with time avowed,’’ because when Jacobs was There is a vast volume of evidence to limits providing fairness to the defend- convicted of murder, it was on the support the conclusion that the death ant, but an end to the ceaseless round State’s representation that he had, in penalty is an effective deterrent, al- of appeals. fact, pulled the trigger. Later, the though I would say, at the same time, My bill was passed by the Senate in State found different facts, that it was that many people disagree with the 1990, but was rejected by the House. I not Jacobs who had pulled the trigger statistics, and there are many people believe in this Congress, the 104th Con- but that it was his sister, Bobbie Jean who have conscientious scruples gress, there is an excellent opportunity Hogan, whom he had sought to protect. against the imposition of the death to have those changes made in the ap- I submit, Madam President, that this penalty, which I respect. But it is the plication of Federal procedures so that case poses a very material problem in a law of 36 of the States of the United the death penalty will again be an ef- number of directions. First, on the States that the death penalty is valid fective deterrent. And it is effective facts, I think that Jacobs was entitled and in effect. only if it is certain and if it is swift, S 818 CONGRESSIONAL RECORD — SENATE January 11, 1995 which is not the case at the present there is a constitutional amendment. I thank the Chair and I thank the at- time. The death penalty is, in effect, a But when they establish their own pro- tending staff, and I yield the floor. flagship of punishment under our cedural rules as to when they will re- f criminal justice system. So, that the view a State case involving the death when the criminals know that the penalty, that is a matter where the RECESS UNTIL TOMORROW AT 9 death penalty is a laughing stock, it Congress can legislate because we can A.M. impedes law enforcement in a very gen- establish the standards under which ju- eralized way. risdiction attaches and under which The PRESIDING OFFICER. Under So when I read about the execution the Supreme Court and the other Fed- the previous order, the Senate now of Jesse Jacobs in Texas under cir- eral courts will consider these cases. stands in recess. cumstances which are going to under- This case has not received the kind of Thereupon, the Senate, at 7:17 p.m., mine public confidence in the death attention which is really warranted. recessed until Thursday, January 12, penalty, may make it harder to get a There are so many events that happen 1995, at 9 a.m. reform of Federal law to handle the every day and so many matters which f cases in a timely way so that they are come across the television screens and decided in approximately 2 years in- in the newspapers and on the radio that NOMINATIONS stead of 20 years, and where the use of there is not a great deal of opportunity Executive nominations received by the death penalty may be undermined to focus on this kind of a matter. the Senate January 11, 1995: generally, that is very counter to the I had been looking for a few minutes interests of society and effective law when the Senate was not otherwise en- THE JUDICIARY LACY H. THORNBURG, OF NORTH CAROLINA, TO BE U.S. enforcement. gaged. I regret keeping people here for DISTRICT JUDGE FOR THE WESTERN DISTRICT OF NORTH It is obviously fundamentally unfair, a few minutes, but I think this is an CAROLINA, VICE ROBERT D. POTTER, RETIRED. JOHN D. SNODGRASS, OF ALABAMA, TO BE U.S. DIS- as Justice John Paul Stevens said and important matter which will require TRICT JUDGE FOR THE NORTHERN DISTRICT OF ALA- three Justices who wanted the Su- the attention of our Judiciary Commit- BAMA, VICE E.B. HALTOM, JR., RETIRED. preme Court of the United States to re- tee so that there will be some realistic SIDNEY H. STEIN, OF NEW YORK, TO BE U.S. DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF NEW YORK, view this case. and reasonable standards by the Su- VICE PIERRE N. LEVAL, ELEVATED. I believe that the Congress is going preme Court of the United States in THADD HEARTFIELD, OF TEXAS, TO BE U.S. DISTRICT JUDGE FOR THE EASTERN DISTRICT OF TEXAS, VICE to have to enact legislation to correct the interest of fundamental fairness to ROBERT M. PARKER, ELEVATED. what is happening in the Supreme defendants, and also so that we can re- DAVID FOLSOM, OF TEXAS, TO BE U.S. DISTRICT JUDGE FOR THE EASTERN DISTRICT OF TEXAS, VICE SAM B. Court on these procedural matters. tain the death penalty and speed up the HALL, JR., DECEASED. When they hand down decisions on con- process so that it can be an effective SANDRA L. LYNCH, OF MASSACHUSETTS, TO BE U.S. CIRCUIT JUDGE FOR THE FIRST CIRCUIT, VICE STEPHEN stitutional grounds, that is it, unless weapon for law enforcement G. BREYER, ELEVATED. January 11, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 71 EXTENSIONS OF REMARKS

‘‘TIME OUT’’ FOR EPA more than one in four cars that failed the initial with conventional loans through enactment of emissions test subsequently passed a second the Emergency Homeownership Counseling HON. FRED UPTON emissions test even though no repairs were [EHC] Program. I again attempted to extend OF MICHIGAN made to the vehicles. the service to those with VA-backed loans dur- IN THE HOUSE OF REPRESENTATIVES In areas more severely out of compliance, ing the past Congress. My amendment to H.R. Wednesday, January 11, 1995 EPA has advocated an array of programs in- 3838 would have included VA-backed loans in cluding mandatory carpooling that will have the program by contacting VA borrowers 45 Mr. UPTON. Mr. Speaker, I am introducing even heavier impact on the daily lives of work- days delinquent in making a mortgage pay- today legislation to delay full implementation of ing Americans. Small wonder that these plan- ment and notifying them that there are hous- the Clean Air Act by 2 years. As this program ning, inspection, and trip reduction strictures ing counseling services available to him or her has unfolded, it is clear that it is generating cause many to wonder if job creation and eco- via a 1±800 number. The measure, like the more expense and disruption than was fore- nomic development are even possible in areas amendment, will not mandate any type of VA seen at enactment. under EPA's regulatory thumb. Few of the involvement. Rather, it will give the borrower Most knowledgeable Americans still support people I represent, viewing EPA data on the additional means to avoid a nightmare. the Clean Air Act's goals and most are willing steady improvement in air quality, truly believe Although the VA offers its own counseling to accept reasonable personal sacrifice to that the problem demands such solutions. services, they are far less effective because achieve those goals. But, as EPA tightens the Earlier today, I wrote to the new chairman of the borrower is not notified until he or she is program's enforcement screws, I fear a public the Commerce Committee's Subcommittee on 105 days delinquent. As anybody who has backlash that could undermine support for the Health and the Environment urging two ac- faced foreclosure will tell you, 90 days is al- program itself. Americans are simply in no tions on him. First, I asked that he schedule ready too late, let alone 105. Consequently, mood for Dracoian regulatory programs, espe- informational hearings as soon as feasible to cially when program benefits are so difficult to although the delinquency rate of HUD-backed reexamine the Clean Air Act, the assumptions determine. loansÐ7.81 percentÐwas higher than VA- accepted at the time of enactment and the We have a situation in western Michigan backed loansÐ6.73 percentÐin 1993, the per- methods proposed for achieving the act's that illustrates this point. A three county area centage of loans in foreclosure was nearly the goals. Secondly, I asked him to support a generally around Grand Rapids and Muskegon same for HUD loansÐ1.43 percentÐas it was postponement in further enforcement of the is a nonattainment area. Studies by the U.S. for VA loansÐ1.34 percent. Of course, com- act. Environmental Protection Agency and Michi- pare these numbers to those of conventional I have in mind a time out to reassess the gan's Department of Natural Resources con- loansÐ2.65 percent delinquency, 0.72 percent situation and to allow State and local agencies firm that 80 to 90 percent of the pollution foreclosureÐand we see the positive influence additional time to determine what needs to be measured in this nonattainment area is not of the EHC Program reflected. produced locally, but drifts across Lake Michi- done and to do it. The bill I am introducing Housing counselors have urged me to help gan from the industrial complexes on her today simply grants a 2-year delay in further the roughly 3.5 million borrowers with VA- western shore. EPA requirements and in the imposition of backed loans avoid foreclosure. I believe this EPA is leaning hard on the State and on sanctions against those unable to fulfill them. provision is a step in that direction. The Mort- local agencies to take difficult steps to bring Mr. Speaker, a clear message in Novem- gage Bankers Association of America has ex- the area into compliance. These steps include ber's election results is that Americans are pressed, from a lender perspective, that this a centralized or enhanced inspection and weary of big, complicated and burdensome provision is economically sound because it maintenance system for automobiles, a sys- Federal regulatory programs. The public is not helps to prevent costly foreclosures. Congress tem that will be expensive and inconvenient. convinced that they generate benefits com- should heed its input. With each foreclosure Three testing centers have been built in west- mensurate with their costs. I urge my col- costing the Government an average of ern Michigan at a cost of some $16 million but leagues to join me in assuring that the Clean $28,000, Congress can ill-afford not to adopt they have catalyzed great public outcry and Air Act's results justify its costs. the bill. their opening has been delayed. f Second, the bill authorizes $62 and $65 mil- EPA has required development of regional lion in funding for fiscal years 1996 and 1997, INTRODUCTION OF THE ‘‘HOUSING transportation plans to evaluate transportation respectively, for all counseling programs. Half COUNSELING ENHANCEMENT ACT proposals to insure that traffic generated by of these amounts, which are identical to what OF 1995’’ those proposals won't push the region over its was included in H.R. 3838, are earmarked for ozone budget. As described by one local offi- the EHC Program. cial: HON. JAMES A. TRAFICANT, JR. Mr. Speaker, at times Congress passes We have to take into consideration all the OF OHIO spending programs that appear one-way in variables, including employment centers and IN THE HOUSE OF REPRESENTATIVES nature. We spend the money, but never see traffic patterns, and project those in place in Wednesday, January 11, 1995 the benefits. The EHC Program, however, is a future years. We then have to run that data preventative service has a proven track record through the EPA’s model and prove that the Mr. TRAFICANT. Mr. Speaker, today I am of helping homeowners avoid nightmarish and resulting emissions are less than the base introducing the ``Housing Counseling Enhance- costly foreclosures. case, which is 1990. ment Act of 1995'' to help veterans stave off Again, I urge my colleagues to sign on as This is a significant and questionable foreclosure and keep their homes. I urge my a cosponsor to the Housing Counseling En- change in the way local governments have op- colleagues to cosponsor this important legisla- hancement Act of 1995. erated. Under such a system, it's hard to see tion. what the function of local government will be. My bill contains two major provisions. First, H.R. — If all decisions are driven by Clean Air Act the bill strikes from the notification provision of Be it enacted by the Senate and House of Rep- considerations, what is the residual role of the Housing and Urban Development Act of resentatives of the United States of America in State and local agencies? Is EPA to be a na- 1968 the cause that excepts individuals who Congress assembled, tional office of planning, zoning and develop- receive loans backed by the U.S. Department SECTION 1. SHORT TITLE. ment? of Veterans Affairs [VA]. It is common knowl- This Act may be cited as the ‘‘Housing The public has yet to be convinced that edge that housing counseling services have Counseling Enhancement Act of 1995’’. such heavyhanded regulation will achieve re- helped dramatically in staving off foreclosures SEC. 2. EXTENSION OF PROGRAMS. sults worth the costs involved. In the case of of loans backed by the U.S. Department of (a) EMERGENCY HOMEOWNERSHIP COUNSEL- enhanced inspection and maintenance, a 1992 Housing and Urban Development [HUD]. After ING.—Section 106(c)(9) of the Housing and study by the General Accounting Office found successfully extending the program to those Urban Development Act of 1968 (12 U.S.C.

∑ 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 72 CONGRESSIONAL RECORD — Extensions of Remarks January 11, 1995 1701x(c)(9)) is amended by striking ‘‘Septem- an outspoken advocate for health care im- Fair employment for Catholics in Northern ber 30, 1994’’ and inserting ‘‘September 30, provement, the strengthening of the family, the Ireland is an issue that has concerned me for 1997’’. importance of education, and the elimination a very long time. For example, in a letter as (b) PREPURCHASE AND FORECLOSURE-PRE- of violence in our neighborhoods. VENTION COUNSELING DEMONSTRATION.—Sec- far back as July 20, 1979, I requested the Irish tion 106(d)(13) of the Housing and Urban De- I join with Dr. Patterson's friends, family, National Caucus to investigate hiring practices velopment Act of 1968 (12 U.S.C. 1701x(d)(13)) and the entire Philadelphia community in wish- of United States companies in Northern Ire- is amended by striking ‘‘fiscal year 1994’’ and ing him the best of luck at his new post, and land. This was the first time this issue was inserting ‘‘fiscal year 1997’’. look forward to many years of his expedient raised by anyone in the U.S. Congress. SEC. 3. NOTIFICATION OF DELINQUENCY ON VET- leadership. The caucus investigation lead to a congres- ERANS HOME LOANS. f Subparagraph (C) of section 106(c)(5) of the sional bill H.R. 3465: ``Requiring United States Housing and Urban Development Act of 1968 25th ANNIVERSARY OF BRUCE persons who conduct business or control en- is amended to read as follows: COLLINS ELEMENTARY SCHOOL terprises in Northern Ireland to comply with ‘‘(C) NOTIFICATION.—Notification under certain fair employment principles,'' 1983. I subparagraph (A) shall not be required with HON. SANDER M. LEVIN was a proud cosponsor of that bill in time this respect to any loan for which the eligible led to the Irish National Caucus launching the homeowner pays the amount overdue before OF MICHIGAN the expiration of the 45-day period under IN THE HOUSE OF REPRESENTATIVES MacBride Principles bill in November of 1984. On October 1, 1986, I was cosponsor of the subparagraph (B)(ii).’’. Wednesday, January 11, 1995 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. congressional MacBride bill. This is the bill I Section 106 of the Housing and Urban De- Mr. LEVIN. Mr. Speaker, I rise today to rec- proudly reintroduce today as the 104th Con- velopment Act of 1968 (12 U.S.C. 1701x) is ognize the 25th anniversary of Bruce Collins gress begins legislative business. amended— Elementary School in Sterling Heights, MI. This bill would prohibit United States com- (1) in subsection (a), by striking paragraph This anniversary was celebrated November panies in Northern Ireland from exporting their (3); 23, 1994. products back to the United States unless they (2) in subsection (c)— Many times this body has heard discussions are in compliance with the MacBride Prin- (A) by striking paragraph (8); and about problems with our education system. (B) by redesignating paragraph (9) (as ciples. amended by section 2) as paragraph (8); Collins Elementary School clearly does not fit The MacBride Principles campaign in the (3) in subsection (d)— this category. Collins Elementary school has United States has been the most effective ef- (A) by striking paragraph (12); and actively pursued a partnership with the parents fort ever against anti-Catholic discrimination in (B) by redesignating paragraph (13) (as in order to form a better learning environment. Northern Ireland. Informed observers would amended by subsection (a)) as paragraph (12); The teaching staff has also played a major agree that it has played a key role in putting (4) in subsection (f), by striking paragraph role in the school's 25 successful years. The (7); and the issue of anti-Catholic discrimination on the teachers' 100 percent participation on the front burner. It was instrumental in bringing (5) by adding at the end the following new school improvement team is just one example subsection: about the British Government's Fair Employ- of their commitment to the students. The ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ment Act of 1989. major leader in Collins' success has been There are authorized to be appropriated to The MacBride Principles have won the sup- Principal Don Santilli who has directed the carry out this section $62,000,000 for fiscal port of the Irish Government, the European year 1996 and $65,000,000 for fiscal year 1997. school for over 15 years. Parliament, and the President of the United Of any amounts appropriated for any such With over 448 students the school has de- States. Mr. Clinton as a candidate pledged year to carry out this section, the Secretary veloped and implemented many programs to during the 1992 Presidential campaign that he shall use not less than 50 percent to carry extend beyond the standard classroom learn- out subsection (c) and the Secretary may use ing environment. One such program is HOT in would support the principles. As President, on 50 percent (or such lesser amount as may be St. Patrick's Day in 1993 in the White House, appropriate) for counseling for renters. Any which students learn about the hazards of tobacco from the American Cancer Society. An- Mr. Clinton reaffirmed his support for the prin- amounts appropriated pursuant to this sub- ciples. They have been passed into law in 16 section shall remain available until ex- other more renown program is DARE. This is pended.’’. an innovative drug prevention program which States, including my own great State of New York. Over 40 cities have also passed laws or f not only teaches the danger of tobacco, alcohol, and drugs but also instructs the students resolutions on the principles. Indeed, the U.S. SALUTE TO DR. JOSEPH D. through practical situations, how to avoid Congress allowed the principles to become PATTERSON, SR. these substances. law for the District of Columbia on March 16, Bruce Collins Elementary School is much 1993. HON. THOMAS M. FOGLIETTA more than the simple brick and mortar of Recently the Protestant and Catholic OF PENNSYLVANIA some facilities. This school has been instru- churches in Ireland joined with Protestant and IN THE HOUSE OF REPRESENTATIVES mental in the teaching of students for over 25 Catholic churches of the United States of Wednesday, January 11, 1995 years in the important early years of elemen- America and issued a call for fair employment tary school. and investment in Northern Ireland. This is Mr. FOGLIETTA. Mr. Speaker, I rise to sa- Mr. Speaker, I applaud the 25 years of suc- what they said about the MacBride Principles. lute Dr. Joseph D. Patterson as he is installed cessful education at Bruce Collins Elementary Many Americans support the MacBride as the president of the Black Clergy of Phila- School and am sure that the next 25 years of Principles, as amplified, as good faith, non- delphia at Hickman Temple A.M.E. Church on this fine institution will be equally, if not more, violent means to promote fair employment. January 8. Dr. Patterson takes over the presi- successful. We urge that any support of these amplified dency of the Black Clergy, one of the most in- principles, which offer positive values and f fluential positive social forces in the city, from focus on fair employment, be joined with Rev. Jesse Brown who has lead the organiza- MACBRIDE PRINCIPLES BILL, H.R. continued support for strong, fair, employ- tion over the past years with great dignity and 470 ment measures and as an active commitment ability. to investment and job creation. The ampli- Dr. Patterson is a great leader in the Phila- HON. BENJAMIN A. GILMAN fied principles, as many of their advocates delphia community. He is a trustee at agree, should not be used to discourage in- OF NEW YORK vestment or encourage disinvestment. Cheyney University, a board member of the IN THE HOUSE OF REPRESENTATIVES Philadelphia Industrial Development Corp., Since 1986, over 100 Members of Congress chairman of the board of the Baltimore Ave- Wednesday, January 11, 1995 have declared their support for the MacBride nue Redevelopment Corp., and has served Mr. GILMAN. Mr. Speaker, today I rise to in- principles, as has the current Clinton adminis- over the past years as first vice president of troduce the MacBride Principles Bill H.R. 470. tration, as well. Now, surely with peace mov- the Black Clergy before his election to the I am pleased to be joined by my distinguished ing forward and political solutions being presidency. colleague, the gentleman from New York [Mr. sought for Northern Ireland, it is time for Con- Dr. Patterson's commitment to the strength- MANTON], as an original cosponsor of this im- gress to pass the MacBride principles, and ening of the community is well known. He be- portant measure. I am also pleased to cochair also incorporate the principles as part of any lieves unfailing in a comprehensive approach the bipartisan ad hoc Committee for Irish Af- planned increase in economic development to solving society's problems, and has been fairs with Mr. MANTON. assistance and new United States investment January 11, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 73 we are encouraging into Northern Ireland in which more than twenty people are em- rent or former employees can, in practice, aid of the ongoing peace process. ployed shall take the necessary steps to in- promote religious discrimination if the com- The methods we use to help address the sure that, in operating such branch, office, pany’s workforce has historically been dis- corporation, partnership, or enterprise, those twin problems of unemployment and discrimi- proportionately drawn another religious principles relating to employment practices group. nation, especially in the Catholic community, set forth in section 5 are implemented and (7) THE DEVELOPMENT OF TRAINING PRO- can and will play a important role in the this Act is complied with. GRAMS THAT WILL PREPARE SUBSTANTIAL NUM- chances for lasting peace and justice develop- (b) REPORT.—Each United States person re- BERS OF CURRENT MINORITY EMPLOYEES FOR ing in Northern Ireland. For without a shared ferred to in subsection (a) shall submit to SKILLED JOBS INCLUDING THE EXPANSION OF and equally distributed economic develop- the Secretary— EXISTING PROGRAMS AND THE CREATION OF NEW ment, among both traditions, peace and jus- (1) a detailed and fully documented annual PROGRAMS TO TRAIN, UPGRADE, AND IMPROVE tice may never take firm and lasting hold in report, signed under oath, on showing com- THE SKILLS OF MINORITY EMPLOYEES.—This pliance with the provisions of this Act; and Northern Ireland. The MacBride principles pro- does not imply that such programs should (2) such other information as the Secretary not be open to all members of the workforce vide us a real tool to help being all these im- determines is necessary. portant goals to fruition, and avoid merely equally. SEC. 5. MACBRIDE PRINCIPLES. (8) THE ESTABLISHMENT OF PROCEDURES TO maintaining the totally unacceptable status The principles referred to in section 4 are ASSESS, IDENTIFY, AND ACTIVELY RECRUIT MI- quo of twice the level of Catholic unemploy- the MacBride Principles, which are as fol- NORITY EMPLOYEES WITH POTENTIAL FOR FUR- ment in Northern Ireland. lows: THER ADVANCEMENT.—This section does not Accordingly, I urge my colleagues con- (1) INCREASING THE REPRESENTATION OF IN- imply that such procedures should not apply cerned about lasting peace and justice in DIVIDUALS FROM UNDERREPRESENTED RELI- to all employees equally. GIOUS GROUPS IN THE WORK FORCE INCLUDING Northern Ireland to support the bill we are in- (9) THE APPOINTMENT OF A SENIOR MANAGE- MANAGERIAL, SUPERVISORY, ADMINISTRATIVE, troducing today. I request that the full text of MENT STAFF MEMBER TO OVERSEE THE COMPA- CLERICAL, AND TECHNICAL JOBS.—A workforce NY’S AFFIRMATIVE ACTION EFFORTS AND THE this measure be included at this point in the that is severely unbalanced may indicate SETTING UP OF TIMETABLES TO CARRY OUT AF- RECORD. prima facie that full equality of opportunity FIRMATIVE ACTION PRINCIPLES.—In addition to H.R. 470 is not being afforded all segments of the the above, each signatory to the MacBride community in Northern Ireland. Each signa- SECTION 1. SHORT TITLE. Principles is required to report annually to tory to the MacBride Principles must make This Act may be cited as the ‘‘Northern an independent monitoring agency on its Ireland Fair Employment Practices Act of every reasonable lawful effort to increase the representation of underrepresented reli- progress in the implementation of these 1995’’. Principles. SEC. 2. FINDINGS. gious groups at all levels of its operations in The Congress finds the following: Northern Ireland. SEC. 6. WAIVER OF PROVISIONS. (1) Currently, overall unemployment in (2) ADEQUATE SECURITY FOR THE PROTECTION (a) WAIVER OF PROVISIONS.—In any case in Northern Ireland is approximately 13 per- OF MINORITY EMPLOYEES BOTH AT THE WORK- which the President determines that compli- cent, as compared to 9 percent in the rest of PLACE AND WHILE TRAVELLING TO AND FROM ance by a United States person with the pro- the United Kingdom. WORK.— While total security can be guaran- visions of this Act would harm the national (2) Unemployment in the minority commu- teed nowhere today in Northern Ireland, security of the United States, the President nity in Northern Ireland is 22.8 percent, and each signatory to the MacBride Principles may waive those provisions with respect to must make reasonable good faith efforts to in some portions of the minority community that United States person. The President protect workers against intimidation and unemployment has historically exceeded 70 shall publish in the Federal Register each physical abuse at the workplace. Signatories percent. waiver granted under this section and shall must also make reasonable good faith efforts (3) The British Government Fair Employ- submit to the Congress a justification for to ensure that applicants are not deterred ment Commission (F.E.C.), formerly the Fair granting each such waiver. Any such waiver from seeking employment because of fear for Employment Agency (F.E.A.), has consist- their personal safety at the workplace or shall become effective at the end of ninety ently reported that a member of the minor- while travelling to and from work. days after the date on which the justifica- ity community is two times more likely to tion is submitted to the Congress unless the (3) THE BANNING OF PROVOCATIVE RELIGIOUS be unemployed than a member of the major- OR POLITICAL EMBLEMS FROM THE WORK- Congress, within the ninety-day period, ity community. PLACE.—Each signatory to the MacBride adopts a joint resolution disapproving the (4) The Investor Responsibility Research Principles must make reasonable good faith waiver. In the computation of such ninety- Center (IRRC), Washington, District of Co- efforts to prevent the display of provocative day period, there shall be excluded the days lumbia, lists 80 publicly held United States sectarian emblems at their plants in North- on which either House of Congress is not in companies doing business in Northern Ire- ern Ireland. session because of an adjournment of more land, which employ approximately 11,000 in- (4) ALL JOB OPENINGS SHOULD BE ADVER- than three days to a day certain or because dividuals. TISED PUBLICLY AND SPECIAL RECRUITMENT EF- of an adjournment of the Congress sine die. (5) The religious minority population of FORTS MADE TO ATTRACT APPLICANTS FROM (b) CONSIDERATION OF RESOLUTIONS.— Northern Ireland is subject to discrimina- UNDERREPRESENTED RELIGIOUS GROUPS.—Sig- (1) Any resolution described in subsection tory hiring practices by some United States natories to the MacBride Principles must (a) shall be considered in the Senate in ac- businesses which have resulted in a dis- exert special efforts to attract employment cordance with the provisions of section 601(b) proportionate number of minority individ- applications from the sectarian community of the International Security Assistance and uals holding menial and low-paying jobs. that is substantially underrepresented in the Arms Export Control Act of 1976. (6) The MacBride Principles are a nine workforce. This should not be construed to (2) For the purpose of expediting the con- point set of guidelines for fair employment imply a diminution of opportunity for other sideration and adoption of a resolution under in Northern Ireland which establishes a cor- applicants. subsection (a) in the House of Representa- porate code of conduct to promote equal ac- (5) LAYOFF, RECALL, AND TERMINATION PRO- tives, a motion to proceed to the consider- cess to regional employment but does not re- CEDURES SHOULD NOT IN PRACTICE FAVOR A ation of such resolution after it has been require disinvestment, quotas, or reverse dis- PARTICULAR RELIGIOUS GROUP.—Each signa- ported by the appropriate committee shall crimination. tory to the MacBride Principles must make be treated as highly privileged in the House SEC. 3. RESTRICTION ON IMPORTS. reasonable good faith efforts to ensure that of Representatives. An article from Northern Ireland may not layoff, recall, and termination procedures do be entered, or withdrawn from warehouse for not penalize a particular religious group dis- SEC. 7. DEFINITIONS AND PRESUMPTIONS. consumption, in the customs territory of the proportionately. Layoff and termination (a) DEFINITIONS.—For the purpose of this United States unless there is presented at practices that involve seniority solely can Act— the time of entry to the customs officer con- result in discrimination against a particular (1) the term ‘‘United States person’’ means cerned documentation indicating that the religious group if the bulk of employees with any United States resident or national and enterprise which manufactured or assembled greatest seniority are disproportionately any domestic concern (including any perma- such article was in compliance at the time of from another religious group. nent domestic establishment of any foreign manufacture with the principles described in (6) THE ABOLITION OF JOB RESERVATIONS, AP- concern); section 5. PRENTICESHIP RESTRICTIONS, AND DIFFEREN- (2) the term ‘‘Secretary’’ means the Sec- SEC. 4. COMPLIANCE WITH FAIR EMPLOYMENT TIAL EMPLOYMENT CRITERIA WHICH DISCRIMI- retary of Commerce; and PRINCIPLES. NATE ON THE BASIS OF RELIGION.—Signatories (3) the term ‘‘Northern Ireland’’ includes (a) COMPLIANCE.—Any United States person to the MacBride Principles must make rea- the counties of Antrim, Armagh, London- who— sonable good faith efforts to abolish all dif- derry, Down, Tyrone, and Fermanagh. (1) has a branch or office in Northern Ire- ferential employment criteria whose effect is (b) PRESUMPTION.—A United States person land, or discrimination on the basis of religion. For shall be presumed to control a corporation, (2) controls a corporation, partnership, or example, job reservations, and apprentice- partnership, or other enterprise in Northern other enterprise in Northern Ireland, in ship regulations that favor relatives of cur- Ireland if— E 74 CONGRESSIONAL RECORD — Extensions of Remarks January 11, 1995 (1) the United States person beneficially case, the provision subjects the branch of a The girls have displayed the best competi- owns or controls (whether directly or indi- bank to the State laws of this second State tive spirit as well as the best athletic perform- rectly) more than 50 percent of the outstand- unless those laws are preempted. In the case ance. They have achieved much more than a ing voting securities of the corporation, in point, however, no branching is involved. partnership, or enterprise; series of victories, they have attained the sat- (2) the United States person beneficially Therefore, section 85 is preemptive. In the isfaction of personal best. While I salute their owns or controls (whether directly or indi- case in point, the Ohio bank should not be thrilling winning season, I applaud their out- rectly) 25 percent or more of the voting secu- subject to Pennsylvania limitations on credit standing individual drive. rities of the corporation, partnership, or en- charges. The team is: Alissa Altmann, Annette Ando, terprise, if no other person owns or controls Second, there is a savings clause in the Jenna Brown, Diana Contri, Carrie Ensign, Ar- (whether directly or indirectly) an equal or interstate law that provides that nothing in the lene Hallock, Jennie Lavens, Lela Leyburn, larger percentage; interstate law affects section 85 of the Na- Hilary Matson, Bobbie McAllister, Gina (3) the corporation, partnership, or enter- tional Bank Act. As a result, the interstate law Moyers, Tina Owen, Jen Potter, Kelli Reid, Jo- prise is operated by the United States person effectively preserves the lending authority of a pursuant to the provisions of an exclusive anna Ryan, Rachel Smith, Carla Tagliente, management contract; national bank or State bank to collect lending Tessa Warner, and Coach Karen FunkÐwho (4) a majority of the members of the board charges on interstate loans from borrowers is responsible for the program's existence and of directors of the corporation, partnership, nationwide in accordance with the bank's its origin. or enterprise are also members of the com- home State limits. Mr. Speaker, I do not intend to overstate parable governing body of the United States Finally, while it is not relevant to legislative this accomplishment for it is in a field of person; language or intent, it is my opinion that the sportÐand not anything that directly relates to (5) the United States person has authority Mazaika opinion, if upheld, could have a very to appoint the majority of the members of our business here today. But, when we honor detrimental effect on free-fettered banking ac- the attainment of goals by these young peo- the board of directors of the corporation, tivities. Philosophically, I believe in States partnership, or enterprise; or ple, we share their joy and their sense of com- (6) the United States person has authority rights. I believe that Federal laws should be munity, a motivator for them which has been to appoint the chief operating officer of the preemptive only where there is an overriding in abundance this season. corporation, partnership, or enterprise. need to provide national uniformity. f SEC. 8. EFFECTIVE DATE. However, this is one such case where na- This act shall take effect 180 days after the tional rules should be preemptive. Subjecting date of enactment of this Act. lending activities of a bank in another State, INTRODUCTION OF THE ECONOMIC DEVELOPMENT LOAN ASSIST- f where there are no branches, to that other State's limitations on credit card charges or ANCE DEMONSTRATION PRO- CLARIFYING THE RIEGLE-NEAL usury limits would have a dampening effect on GRAM ACT OF 1995 INTERSTATE BANKING ACT important interstate lending activities. This would also be contrary to the spirit and intent HON. JAMES A. TRAFICANT, JR. HON. BILL ORTON of the interstate banking bill, which is to ex- OF OHIO OF UTAH pand lending activities nationwide. Mr. Speaker, many Members of Congress IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES spent countless hours last year crafting an Wednesday, January 11, 1995 interstate banking bill that increases credit Wednesday, January 11, 1995 Mr. ORTON. Mr. Speaker, I rise to provide availability and moves us into the 21st cen- Mr. TRAFICANT. Mr. Speaker, today I am clarification of the Riegle-Neal Interstate Bank- tury. The Mazaika decision threatens this introducing the Economic Development Loan ing and Branching Act of 1994. progress. It is my hope that this can be cor- Assistance Demonstration Program Act of Last year, I was proud to be an original co- rected . 1995 to incentivize private sector investment sponsor of H.R. 3841, the House version of f in our Nation's most needy areas. interstate banking legislation which became When President Clinton announced the es- CONGRATULATIONS TO LADY law. I participated both in subcommittee and tablishment of more than 100 enterprise com- OLYMPIANS OF MARATHON, NY full committee consideration of this important munities and empowerment zones last month, legislation. I worked hard to see this legislation the Federal Government signaled that it is will- work its way through the House to become HON. JAMES T. WALSH ing to provide incentives to entrepreneurs, law. I believe passage of this bill was an im- OF NEW YORK small businesses, and nonprofit groups who portant step toward the modernization and full IN THE HOUSE OF REPRESENTATIVES look to locate in our depressed communities. development of our banking system. Wednesday, January 11, 1995 I reintroduced this bill to enhance this worthy Therefore, I was disturbed to see a recent Mr. WALSH. Mr. Speaker, the biggest news initiative. appellate court decision that, in my opinion, in Marathon, NY, recently was the celebration Specifically, the bill authorizes the Secretary misinterprets the provisions of this interstate surrounding the victorious Girls Field Hockey of Housing and Urban Development [HUD] to banking bill. The decision I am referring to is team, winners of the Class D New York State make grants to bank Community Development Mazaika v. Bank One Columbus, N.A. No. Championship. I ask my colleagues to join me Corporations [CDC's] that have targeted Fed- 00231 (Pa. Superior Court 1994) (en banc). today in adding our congratulations to the lady eral enterprise communities for revitalization. Incidentally, other courts have reached the op- Olympians of Marathon High School who The CDC's are then authorized to use the posite conclusion. played on the team, the coaching staff and grant moneys to buy down interest rates on The Mazaika 6 to 3 majority ruled that a na- school staff, the fans who supported them so loans to businesses and nonprofit organizational bank located in Ohio was not authorized energetically throughout the season, and es- tions that engage in economic redevelopment by section 85 of the National Bank Act to col- pecially to the families and friends who trav- activities in the enterprise communities. The lect certain credit card charges from Penn- eled with the team to all the road gamesÐno- new rate cannot exceed 60 percent of the sylvania residents. Collection of such charges tably, the 3-to-2 win in the State Champion- market rate of interest on the loan. is permitted under Ohio State law, but not ship game against North Warren at the State I understand that money for new programs under Pennsylvania State law. This decision University of New York at Oneonta. is scarce. I also understand the need to test relied on the applicable law provision of last In the 21 years field hockey has been market new ideas before diverting precious re- year's interstate banking act in reaching the played in Marathon, a small and idyllic com- sources to fund them. This is why my legisla- conclusion that Pennsylvania State law applies munity in my upstate New York district, this is tion specifies that the program be established in such a case, notwithstanding section 85. the first State Championship. We are all very in only five Federal enterprise zones. It is also Based on my involvement in the legislative proud. why the measure requires a review of the en- consideration of this bill, and on my under- The local celebrations have given residents tire program in a report to Congress within 1 standing of its specific provisions, I believe a chance to display that pride, from the first year of its enactment. The report enables that the conclusion reached in the Mazaika night when the team returned home and fire Congress to determine the cost effectiveness case is wrong. First, the applicable law provi- sirens blared to the official ceremony at Lovell of the program, which is authorized from fiscal sion in the interstate bill applies only when a Field when each player and coach had time in year 1994 through fiscal year 1996 at a level bank branches into a second State. In such a the spotlight. of approximately $33 million each year. January 11, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 75 Under the bill, economic development activi- ness of encouraging economic development ommendations for carrying out a program as ties are defined as the construction and reha- in enterprise communities by making grants described in paragraph (1). bilitation of housing, downtown and neighbor- to community development corporations for SEC. 6. DEFINITIONS. hood commercial revitalization, industrial de- reducing interest rates on loans for economic For the purposes of this Act: development activities in the enterprise (1) ECONOMIC DEVELOPMENT ACTIVITIES.— velopment and redevelopment, small and mi- communities. nority business assistance, neighborhood mar- The term ‘‘economic development activities’’ (b) SELECTION OF ENTERPRISE COMMU- means the construction and rehabilitation of keting, training and technical assistance, re- NITIES.— housing, downtown and neighborhood com- search and planning for nonprofit development (1) NUMBER.—The Secretary shall carry out mercial revitalization, industrial develop- groups, and other activities that create perma- the demonstration program under this Act ment and redevelopment, small and minority nent private sector jobs. with respect to 5 enterprise communities, business assistance, neighborhood market- Because of their continued involvement in which the Secretary shall select not later ing, training, and technical assistance, re- the community, I believe it is best to work with than the expiration of the 30-day period be- search and planning for nonprofit develop- CDC's to finance these activities. CDC's are ginning on the date of the enactment of this ment groups, and other activities which cre- Act. ate permanent private sector jobs. established by national banks or bank holding (2) DIVERSITY.—Of the enterprise commu- companies and are regulated by either the (2) ENTERPRISE COMMUNITY.—The term ‘‘en- nities selected under this subsection, not less terprise community’’ means an area that is Federal Reserve or the U.S. Treasury, de- than 2 shall be located in rural areas (as de- designated as an enterprise community pending on the particular corporation. The fined in section 1393(a) of the Internal Reve- under section 1391 of the Internal Revenue CDC's offer incentives for banks to participate nue Code of 1986) and not less than 2 shall be Code of 1986. in local community development projects. In located in metropolitan statistical areas (3) SECRETARY.—The term ‘‘Secretary’’ exchange, bank regulatory agencies allow (within the meaning of section 143(k)(2)(B) of means the Secretary of Housing and Urban CDC's more flexibility with their investments. such Code). In selecting the enterprise com- Development. munities, the Secretary shall provide for na- Under this setup, the Federal Government tional geographic diversity among enterprise SEC. 7. AUTHORIZATION OF APPROPRIATIONS. benefits from private sector organizations in- communities participating in the demonstra- There is authorized to be appropriated to vesting in their local communities, while CDC's tion program. carry out this Act in fiscal years 1996, 1997, and 1998 a total of $100,000,000. benefit from higher yield investments, such as SEC. 3. GRANTS FOR ECONOMIC DEVELOPMENT real estate and more chancy businesses. LOAN ASSISTANCE. SEC. 8. REGULATIONS. As we all know, Mr. Speaker, it is essential (a) AUTHORITY.—Under the demonstration The Secretary may issue any regulations that the private sector invest in its community. program under this Act, the Secretary may necessary to carry out this Act. The Federal Government cannot and should make grants to any community development f not be the only entity investing in our de- corporation sponsored by a bank or thrift in- pressed communities. This is why I believe my stitution, by a nonbank economic develop- TRIBUTE TO LYDIA BALDINI bill is significant. In the past, I have had mod- ment corporation, or by residents of an en- PIOMBO terprise community selected under section erate success with passing comparable pro- 2(b). grams. During the 101st Congress, I offered (b) USE.—Each community development HON. ANNA G. ESHOO similar legislation as an amendment to the corporation receiving a grant under the dem- OF CALIFORNIA Cranston-Gonzalez National Affordable Hous- onstration program under this Act shall use ing Act, Public Law 101±625, when it was the grant amounts to assist businesses and IN THE HOUSE OF REPRESENTATIVES under consideration on the House floor. Al- nonprofit organizations by reducing interest Wednesday, January 11, 1995 rates on loans for economic development ac- though I was successful at attaching the Ms. ESHOO. Mr. Speaker, I rise today to measure, it was stripped during conference. tivities carried out in an enterprise community selected under section 2(b). honor Lydia Baldini Piombo, an outstanding More recently, I was able to attach a provision (c) OTHER REQUIREMENTS.—The Secretary citizen of the 14th Congressional District who to the Economic Development Administration shall require each community development passed away last November after 70 extraor- and Appalachian Regional Commission reau- corporation receiving a grant under the dem- dinary years of life. She was a devoted wife thorization bill that allowed the EDA to buy onstration program under this Act to— and the mother of 5 loving children, and the down interest loans on private economic de- (1) use the grant amounts to reduce the in- proud grandmother of 10. She was married to velopment loans. terest rate on a loan described in subsection (b) by an amount not to exceed 60 percent of Frank Piombo, one of California's most distin- Despite this success, much more is needed guished jurists, for a remarkable 47 years, and to stem the tide of hopelessness in our com- the market rate of interest on such loan; and (2) take any actions necessary to inform was a partner in all he did. munities. My bill is important because it businesses and nonprofit organizations of the In addition to her family, Lydia Piombo's merges two existing community development availability of such loans, including holding other great love was St. Anthony's Padua Din- tools, CDC's and enterprise communities. Both informational meetings, making public an- ing Room in Menlo Park, CA. Through St. An- have had limited success on their own on the nouncements, and placing notices in news- thony's exemplary efforts to feed the hungry, local and State level, but with a jump start papers and other publications. Lydia Piombo touched the lives of literally from this Federal demonstration program, we SEC. 4. MONITORING. thousands of people. She served on St. An- can combine them and incentivize investment. The Secretary shall monitor the use of thony's board for 15 years, including a term as Since 1977, my community has been dev- grants made under this Act and the costs of administering such grants. president, and guided the organization in its astated by an exodus of 55,000 manufacturing vital work with her intelligence, common SEC. 5. REPORTS AND STUDY. jobs. Unemployment in Youngstown, OH is sense, warmth, and always her wisdom. Our (a) ANNUAL REPORT.—The Secretary shall twice that of the national average. I have seen community has been enriched beyond meas- first hand the hopelessness of a community submit to the Congress, not later than 1 year after the date that amounts to carry out this ure because of her faithful devotion to serving crumbling around its citizens. As representa- Act are first made available under appropria- those who were in need, alleviating their hun- tives of Americans like these, it is our duty to tions Acts and for each year thereafter in ger of both the body and the spirit. help them help themselves, to lend a hand so which amounts are available to carry out the Mr. Speaker, Lydia Baldini Piombo was a that they can return their communities to the demonstration program, a report containing shining light amongst us, inspiring all who thriving, healthy environment it once was. an evaluation of the effectiveness of grants knew her or benefited from her care and con- made under the demonstration program. We can begin this process, Mr. Speaker, cern. Her devotion to and understanding of (b) STUDY AND REPORT ON EXPANDED PRO- through passage of this bill. I urge my col- humanity was unsurpassed as she lived each leagues to cosponsor the Economic Develop- GRAM.— (1) STUDY.—The Secretary shall conduct a day embracing the belief that we are all God's ment Loan Assistance Program Act of 1995. study regarding the effects and costs of car- children. H.R. — rying out a long-term and expanded program She lives on through her children and SECTION 1. SHORT TITLE. of making grants for the purposes under this grandchildren, through her devoted husband This Act may be cited as the ‘‘Economic Act. The study shall determine the need for Frank, and all of us who were blessed to be Development Loan Assistance Demonstra- such grants and the amount of funds nec- part of her life. tion Program Act of 1995’’. essary to carry out an effective program of Mr. Speaker, I ask my colleagues to join me SEC. 2. ESTABLISHMENT AND SCOPE OF DEM- national scope. ONSTRATION PROGRAM. (2) REPORT.—The Secretary shall submit to in paying tribute to a noble woman who lived (a) ESTABLISHMENT.—The Secretary of the Congress, not later than September 30, a life of purpose and extend our deepest sym- Housing and Urban Development shall carry 1998, a report regarding the results of the pathy to Frank Piombo, the Piombo children out a program to demonstrate the effective- study under paragraph (1) and any rec- and grandchildren. Lydia Piombo's legacy is E 76 CONGRESSIONAL RECORD — Extensions of Remarks January 11, 1995 that she made each one of us better, and be- It's time for the Republicans to put their 175TH ANNIVERSARY OF THE cause of her our community and our country money where their mouth is. The honest FIRST PRESBYTERIAN CHURCH have been immeasurably bettered as well. budget bill will force them to do that, once and OF MAUMEE f for all. HON. MARCY KAPTUR THE HONEST BUDGET f OF OHIO RESOLUTION INTRODUCTION OF THE MEDICARE IN THE HOUSE OF REPRESENTATIVES HON. RICHARD A. GEPHARDT SELECT EXPANSION ACT OF 1995 Wednesday, January 11, 1995 OF MISSOURI Ms. KAPTUR. Mr. Speaker, it is my pleas- IN THE HOUSE OF REPRESENTATIVES ure to rise today in honor of the 175th anniver- HON. NANCY L. JOHNSON sary of the First Presbyterian Church located Wednesday, January 11, 1995 OF CONNECTICUT in Ohio's 9th district. Mr. GEPHARDT. Mr. Speaker, while the Re- Beginning on January 9, 1820, with the set- IN THE HOUSE OF REPRESENTATIVES publicans advance their ``Contract With Amer- tlement of 11 pioneers as charter members, ica,'' Democrats will stay true to the oldest Wednesday, January 11, 1995 the contributions of the First Presbyterian contract we have in this country: to disavow Church have stretched through a rich and di- Mrs. JOHNSON of Connecticut. Mr. Speak- Government by gimmickry, and to govern in verse history. Built on a site that was once an open, honest, responsible way. Rather than er, today I am introducing a proposal to ex- used to house a British battery, the founders rewriting the Constitution in a flash of ideologi- pand and make permanent the Medicare Se- of Maumee, Ohio's First Presbyterian Church cal ink, it's time to live up to the principles of lect Program. My colleague, Senator CHAFEE began a mission to provide spiritual guidance the Constitution itself. will be introducing an identical proposal in the and sustenance that continues today. So I am introducing House Resolution 33, Senate today as well. Like all churches, First Presbyterian's great- the Honest Budget Resolution, and I am de- The Medicare Select Program is currently a est asset and resource is her congregation. lighted that both the President and Senate demonstration project that operates in only 15 Even as Maumee's prosperity began to shift to Democratic leader TOM DASCHLE are joining States. It provides America's senior citizens the neighboring city of Toledo and member- me in supporting its passage. It says simply with a Medigap managed care option. The ship was declining rapidly, the church mem- that before a balanced budget constitutional program has been extremely successful. bers continued their mission. In 1870, when it amendment can be sent to the States for de- There are currently over 450,000 individuals became impossible to meet the pastor's salary bate, Congress must pass a plan to show ex- enrolled in Medicare select policies. These in- of $900 and he was subsequently transferred actly how we would balance the budget. Our dividuals are enjoying premium savings over to a larger parish, First Presbyterian's con- States have a right to know. The people de- traditional fee-for-service Medigap policies that gregation pulled together and raised the reserve a real plan of actionÐnot just a bill of range from 10 to 37 percent. In real world sources necessary to maintain and continue goods. terms, these reduced premiums translate into the church's ministry. Democrats support balancing the budget as savings of up to $25 a month or $300 a year. As everyone in this historic Chamber knows, long as it's done honestly and responsibly. This is obviously a significant savings for indi- America's greatest strength is her commu- That's why we passed the largest deficit re- viduals on fixed incomes. nities and their willingness to contribute in times of national need and emergency. In duction package in history, without a single In addition, these policies are proving to be Republican vote. It was a $500 billion down keeping with this tradition and beginning with among the highest quality products available payment toward getting our fiscal house in the Civil War, and continuing with World War in the Medigap market today. In August 1994, order. I, World War II, the Korean conflict and Viet- Republicans talk a good game about cutting Consumer Reports rated the top Medigap in- nam, the church made innumerable and im- the deficit, but actions speak louder than surers nationwide. Eight of the top rated prod- measurable contributions from her congrega- words. For years, they claimed that if they ucts were Medicare select plans. To date, tion and her ministry. Now, this proud history were in power, they could balance the budget. there have been no reported abuses or prob- and tradition has become the wellspring of the Now that they have the gavel, they're discov- lems with the Medicare Select Program. church's continuing efforts to respond to to- ering what Democrats already knew, balancing This program also enjoys broad bipartisan day's challenges with a new era of service the budget means tough choices. And the support. Last year, 239 members cosponsored and devotion. American people have a right to know what legislation to extend the program. In addition, As the congregation of the First Pres- those choices will be. the National Governors Association, the Na- byterian Church of Maumee begins to respond After all, at the dawn of the 1980's, Repub- tional Association of Insurance Commis- to new challenges and create tomorrow's his- licans claimed they could give huge tax breaks sioners, National Conference of State Legisla- tory, let us remember the contributions of its to the wealthy, enact massive defense in- tures, Families USA, and the National Com- first 175 yearsÐand congratulate them on creases, and balance the Federal budget at mittee to Preserve Social Security, and Medi- their willingness to serve their community, the same time. The rhetoric didn't come close care support expanding and making this pro- their country, and their fellow man. to the reality. Trickle down economics raised gram permanent. f taxes on the middle class, exploded the defi- The savings and benefits associated with SALUTE TO FRANCIS SORRENTINO cit, and devastated our economy. the Medicare Select Program should be avail- Today, that same fool's gold glimmers in the able to all of America's senior citizens. By ex- Republicans' eyes. More tax breaks for the panding the program and making it perma- HON. THOMAS M. FOGLIETTA wealthy; a tougher tax burden on hard-work- nent, Medicare select products will become OF PENNSYLVANIA ing, middle-class families. More space invad- much more broadly available and hundreds of IN THE HOUSE OF REPRESENTATIVES ers defense systems; less support for crucial thousands of seniors will, for the first time, be needs here at home. Reaganomics was a ca- Wednesday, January 11, 1995 able to recognize the savings current partici- tastrophe in 1981, and it won't work in 1995. Mr. FOGLIETTA. Mr. Speaker, I rise to pay When the Republicans bring their balanced pants in the program enjoy. tribute to one of my constituents, Mr. Francis budget amendment before the House, they Mr. Speaker, Medicare select is now set to ``Frank'' Sorrentino, who is retiring from the must expect more from Democrats than blind expire at the end of June. If this Congress Pennsylvania Department of Transportation faith without real proof. Democrats will de- does not move quickly to enact this legislation, (PennDot) after 34 years of distinguished and mand that they give us facts, not fiction. Sen- America's senior citizens will lose access to dedicated service. iors have a right to know if Social Security or one of the most successful programs in recent Mr. Sorrentino, who received both his BSCE Medicare will be on the chopping block. Veter- history. I strongly encourage my colleagues to and MSCE from Drexel University in Philadel- ans have a right to know if their pensions will cosponsor this legislation and look forward to phia, has served for the past 5 years as the be slashed. Parents have a right to know if providing seniors continued access to this very assistant district engineer for services in engi- school funding or college loans will evaporate. important program. neering district 6±0. The services unit has pro- Farmers have a right to know it Government vided support activities for all of the PennDot will abandon its mission to help them feed our design, construction and maintenance activi- Nation. ties in the district 6±0 jurisdiction of bucks, January 11, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 77 Chester, Delaware, Montgomery and Philadel- Arachnoiditis may develop up to several Stroke to estimate the number of Americans phia Counties. years after an episode of meningitis or suffering from myelogram-related arachnoiditis Mr. Sorrentino has led a staff of 95 engi- subarachnoid hemorrhageÐbleeding beneath and determine the extent of this relationship. neering technical and clerical personnel re- the arachnoid. It may be a feature in diseases Every year, chronic back pain is responsible sponsible for the right-of-way acquisition, utility and disorders such a syphilis or it may result for billions of dollars in lost revenues and mil- relocation, geotechnical, survey, traffic and from trauma during a diagnostic procedure lions more in health care costs. The American municipal service functions of PennDot District known as a myelogram. According to the Journal reports that chronic low-back pain is 6±0. Arachnoiditis Information and Support Net- estimated to cost $16 billion annually in the Throughout his long career with PennDot, work, more than 600,000 myelograms are per- United States Occupational research finds that Mr. Sorrentino has shown leadership and formed in this country every year. Of the 12 back injuries, pain and complications cost an dedication as a structural designer in the high- million Americans who suffer from average of $15,000 per incident. According to way design unit, as chief project manager in arachnoiditis, the cases resulting from ``The Power of Pain,'' by Shirley Kraus, 100 the Philadelphia interstate office, as district myelograms could have been avoided. million Americans are either permanently dis- soils engineer, and as administrator of the In a myelogram, a radiopaque dye is in- abled or are less productive due to back pain. project management unit. He has also played jected into the spinal subarachnoid space. Those who do work lose about 5 work days a key role in the design, community coordina- After the x-ray examination, as much of the oil per year, a productivity loss of $55 billion. In- tion, and implementation of such major area as possible is withdrawn; however, a small terestingly enough, these figures only refer to highways as I±95, I±76 rehabilitation, I±476 amount is left behind and is slowly absorbed. chronic back pain patients. Almost all and I±676. Studies have implicated the iodized oil con- arachnoiditis sufferers eventually become to- Mr. Sorrentino will retire from service to trast medium, Pantopaque, in arachnoiditis. tally disabled, becoming permanent fixtures on PennDot on January 13 to enjoy more time Water-soluble dyes such as Amipaque, the rolls of Social Security, disability, welfare, with his wife Martha and three sons: Frank Jr., Omipaque, and Isovue were once thought to and Medicaid. David, and Brian. I applaud and thank him for be safer for use; however, recent evidence Arachnoiditis sufferers want to become func- his commitment to the Pennsylvania transpor- proves they also cause arachnoiditis. In fact, tioning, contributing members of society again. tation system. Harry Feffer, professor of orthopedic surgery H.R. 448 will provide research for treatments Further, I commend him for his ability, dedi- at George Washington University states that for arachnoiditis sufferers, including treatments cation and pursuit of excellence in public serv- patients who have had two or more to manage pain. Pain-management treatments ice upon his retirement. myelograms stand a 50 percent chance of de- would enable sufferers to once again become veloping arachnoiditis. Numerous studies on f active, working members of society. animals have confirmed these findings. It's time to protect unsuspecting Americans TRIBUTE TO DET. LT. DANIEL Symptoms of arachnoiditis include chronic from this debilitating and preventable condi- PATERSON III OF THE FERN- severe pain and a burning sensation which tion. I ask Members of Congress to join me by DALE POLICE DEPARTMENT may attack the back, groin, leg, knee, or foot cosponsoring H.R. 448. and can result in loss of movement to almost HON. SANDER M. LEVIN total disability. Other symptoms include blad- f OF MICHIGAN der, bowel, thyroid, and sexual disfunction, as SERVICE AND COMMITMENT TO well as headaches, epileptic seizures, blind- IN THE HOUSE OF REPRESENTATIVES EASTERN LONG ISLAND ness, and progressive spastic paralysis affect- Wednesday, January 11, 1995 ing the legs and arms. Mr. LEVIN. Mr. Speaker, I rise today to rec- In the past few years, arachnoiditis sufferers HON. MICHAEL P. FORBES ognize the distinguished service of Det. Lt. and Members of Congress alike have repeat- OF NEW YORK Daniel Paterson III of the Ferndale Police De- edly asked the FDA to recall the use of IN THE HOUSE OF REPRESENTATIVES partment. Pantopaque. The FDA has clearly not re- Wednesday, January 11, 1995 Lieutenant Paterson has devoted over 29 viewed the safety of oil-based Pantopaque as years of service to the people of Ferndale. well as water-based dyes, in spite of medical Mr. FORBES. Mr. Speaker, Edward V. These 29 years of service have been marked evidence. As a result, I have introduced H.R. Ecker, Sr. of Montauk, Long Island, NY, a by numerous promotions, and 13 different 448, a bill to ban myelograms involving the community in my congressional district, contin- awards and commendations. For the past 8 use of Pantopaque, Amipaque, Omipaque, or ues to live the classic American dream in his years he has directed the detective bureau of Isovue. very full life, and so it is with pleasure that we the department. This legislation is not a new idea. Since honor him for his ongoing and outstanding Mr. Speaker, I can attest to the excellence 1990, Britain and Sweden have banned the service and commitment to the east end. Mr. of the Ferndale Police Department, and I am use of Pantopaque in myelograms. In fact, a Ecker's list of accomplishments and friends certain Lieutenant Paterson played a role in class action suit is still pending in Britain con- reads like a Who's Who: from his youth to the making it so. sisting of 25,000 people, 1,500 of which are present. I am privileged to join his family, friends, nurses. In 1986, Kodak, the company that Mr. Eckert, a graduate of Montauk School, and colleagues in thanking him for 29 years of makes Pantopaque, voluntarily stopped distrib- went on to be a star athlete at East Hampton service and wish him a restful and rewarding uting the drug in the United States due to pub- High School and later attended Syracuse Uni- retirement. lic pressure. Pantopaque has a 5-year shelf versity on a football scholarship. After a tour of f life. The last batch was due to expire April 1, duty with the Army in the Korean war, he 1991. However, the use of Pantopaque has came home and worked as a probation officer. INTRODUCTION OF H.R. 448 continued, with the most recent documented His gregarious, loving nature has held him in case in September 1993 and hospitals stock- good stead throughout the years as a very HON. JAMES A. TRAFICANT, JR. ing the dye as recent as April 1994. popular elected official and recognized political OF OHIO A large number of medical professionals do pro. IN THE HOUSE OF REPRESENTATIVES not know how to diagnose myelogram-related As an East Hampton town supervisor and arachnoiditis, and when they do, they cannot town councilman, he was the youngest in New Wednesday, January 11, 1995 treat it. Medical journals and case studies from York State. In addition he was the commis- Mr. TRAFICANT. Mr. Speaker, arachnoiditis around the world document the connection be- sioner of jurors and the deputy commissioner easily qualifies as a disease of the nineties. It tween radiopaque dyes and arachnoiditis. De- of Suffolk County parks. has been described as ``the greatest enigma spite this document, the medical profession as When his lifelong friend, Perry B. Duryea, in the field of spinal surgery'' with few sur- a whole has not been effectively enforced and Jr. ran for the State Assembly in 1960 and geons ever having seen it, and even fewer still persists in its use. Moreover, the lack of was elected speaker in 1969Ðthe last Repub- knowing how to treat it. In simple terms, information prevents the physician from rec- lican speaker of that bodyÐEddie Ecker was arachnoiditis means inflammation of the arach- ognizing the disease or side effects of the re- a key strategist and top advisor. noid, and is characterized by chronic inflam- sidual dyes after the fact. The time has come Currently he is assistant deputy commis- mation and thickening of the arachnoid matter, for thorough research to study this painful, dis- sioner of the Suffolk County Board of Elec- the middle of the three membranes that cover abling condition. H.R. 448 will direct the Na- tions and is a Republican committeeman, hav- and protect the brain and spinal cord. tional Institute of Neurological Disorders and ing once been the Republican town leader. E 78 CONGRESSIONAL RECORD — Extensions of Remarks January 11, 1995 For 47 years he has been a Montauk volun- the market for low downpayment mortgage there is no reason to have this policy in the teer fireman. He also served as fire police loans. It is likely that a private company would case of a parental loan. There is no practical captain. For 29 years he had been the master not have either the congressional mandate or difference between a parental gift and a pa- of ceremony for the St. Patrick Parade in incentive to serve the affordable, low down- rental loan. There would be no added risk to Montauk, as well as serving as past grand payment single family market in the same way the FHA fund by eliminating this parental loan marshal. FHA has historically done, through all market prohibition. Many of us are regular listeners of Ed's as conditions, good and bad. It is hard to see This change would permit many more fami- he broadcasts high school sports weekends how less competition would be better for the lies and individuals to enter the housing mar- over Radio Eastern Long Island, WLNG. In the consumer. ket. It would also end the common practice entertainment world he appeared in several However, it is also true that FHA suffers whereby many parents are forced to lie about moviesÐ``Joe vs. Volcano,'' ``Awakenings,'' from a problem typical of Government agen- the true nature of financial assistance, stating and Woody Allen's ``Manhattan Murder Mys- ciesÐa failure to adapt quickly to market in the gift letter that no repayment is expected, tery''Ðand a number of commercials including changes and make internal efficiency improve- when in fact there is a private agreement that one for Prudential Life and Ray Ban sunglass. ments. While private companies can make the loan shall be repayed. This provision was Business Week magazine also ran a feature changes in programs at a moment's notice, adopted in committee by voice vote and in- article on Mr. Ecker. FHA is subject to programmatic restrictions by cluded in H.R. 3838 last year. I believe this Eddie Ecker has been a friend and a big in- Congress that have not been updated for change is both family-friendly and non- fluence in my life. He got me started over 20 some time. controversial. years ago as an aid to Speaker Duryea. I've The FHA Modernization and Efficiency Act A third important provision in my bill, section learned a lot about politics and government is an effort to make these needed changes. I 9, would provide for FHA authority to insure 2- believe that with the passage of the provisions from Eddie. It is a point of high personal privi- step mortgages. This type of mortgage allows in this bill, FHA can continue to be a fiscally lege to have this opportunity to stand with my the borrower, for example, to have a 30-year sound, responsive provider of affordable single colleagues in the 104th Congress in the first in term, with a 5-year fixed rate of interest, fol- family loans. 40 years to have a Republican majorityÐto lowed by periodic reset(s) of interest rates ac- First, let me address the provisions in my recognize the tremendous accomplishments of cording to a formula. This mortgage vehicle bill which make FHA loans more responsive to our own ``Mr. Republican.'' Eddie Ecker, a has become increasing popular in recent man whose love for family, for country, and for market conditions. A commonly cited impedi- ment to use of FHA is the extraordinarily com- years among private lenders, since it provides community serves as a bavon for us all. God for more flexibility and lower rates for borrow- bless you, Eddie. plex down payment calculation for FHA mortgages. Under current statute, borrowers, lenders. In order to keep pace with market innova- f ers, and realtors are forced to go through a tions, FHA should have the same capability. THE FHA MODERNIZATION AND convoluted two-part calculation to determine This provision was also adopted in committee EFFICIENCY ACT OF 1995 the maximum amount that can be financed, by voice vote and included in H.R. 3838 last and the corresponding down payment required year. HON. BILL ORTON by FHA. A fourth provision in my bill, section 3, is Under section 4 of my bill, this complexity probably the only controversial provision in the OF UTAH entire bill. This is the provision which raises IN THE HOUSE OF REPRESENTATIVES would be replaced by a simple one-part formula, based on the size of the loan. For prop- the single family loan floor to 50 percent of the Wednesday, January 11, 1995 erties with a value up to $50,000, the loan maximum Freddie Mac loan amount. This Mr. ORTON. Mr. Speaker, today I am intro- could not exceed 98.75 percent of appraised would permit loans of up to $101,150 in any ducing the FHA Modernization and Efficiency value. For properties between $50,000 and place in the country, regardless of the average Act of 1995. $125,000, the loan could not exceed 97.65 median home price. This is an important sim- The purpose of this legislation is to make a percent of appraised value. Finally, for loans plification provision for many smaller commu- number of changes to the FHA single family over $125,000, the loan could not exceed nities throughout the country, and was in- mortgage loan program to make it more re- 97.15 percent of appraised value. In each cluded in the bill which passed the House. sponsive to market needs, and to provide for case, the borrower could also finance mort- However, I recognize that a smaller floor in- more efficient administration within the FHA. gage premiumsÐas under current policyÐbut crease was adopted into law, in the VA-HUD The bill contains many of the provisions found could not finance closing costs. appropriations bill. I believe that that increase in H.R. 4484, a bill I introduced in the 103d This measure was adopted as an amend- was too small, and propose that we move the Congress. ment on the House floor last year by voice same loan floor we passed in the House last Six of the seven provisions in this bill are vote, with bipartisan support. The proposal year. identical to the provisions the House adopted was painstakingly developed to be as neutral In addition to changes needed to modernize last year in H.R. 3838, the housing reauthor- as possible in comparison to current law with the program, there are a number of changes ization bill. Since the Senate failed to act on respect to the general levels of downpayments we should make, to make administration of the this legislation, it is incumbent on Congress to required by FHA. To achieve this, we also FHA program more efficient. Perhaps the most take these matters up again. added a provision for high closing cost States, significant is section 8 of my bill, which per- As the current Congress convenes, there where we permit loans of up to 97.75 percent mits direct endorsement lenders to issue their has been some talk of privatizing or eliminat- of value. This is because current law generally own mortgage certificates. Several years ago, ing the FHA single family loan program. I be- allows higher loan-to-value ratios for trans- we took the important step of delegating un- lieve this would be a mistake. FHA has served actions with high closing costs. Finally, in a derwriting decisions to qualified lenders, sub- as an invaluable source of low downpayment letter dated July 21, 1994, during House con- ject to strict FHA criteria as to LTV, appraisals, mortgages to enable young families and indi- sideration of this proposal, the Commissioner and other matters. However, the physical issu- viduals to enter the housing market. As this of the FHA wrote me a letter in support of this ance of the certificates was still left in the Congress increasingly emphasizes policies proposal, stating that ``We concur with your hands of HUD. This is an unnecessary burden which promote opportunities, there is hardly a assessment that the new proposal will simplify on HUD, and has resulted on long, and some- better example of a Federal program which the process for calculating the maximum mort- times costly delays for lenders. The provision provides opportunities than the FHA Single gage amount available on single family prop- in my bill, developed by HUD and included in Family Mortgage Loan Program. erties and fully support it.'' the housing bill we passed last year, would Furthermore, there appears to be no good A second provision on my bill, section 6, simply let lenders issue their own certificates. fiscal or public policy argument for transferring makes the FHA program more flexible by This would not represent any threat to the FHA operations to the private sector. The FHA eliminating the current prohibition against pa- fund, since lenders would still be subject to single family Mutual Mortgage Insurance Fund rental loans used in conjunction with FHA the same scrutiny by HUD. [MMIF] is very healthy. Moreover, since the mortgages. Under current FHA policy, parents Finally, there are two other efficiency program is currently running a surplus, we may assist children with downpayment assist- changes that we should make to streamline would not cut Government spending by ance, but only if they submit a gift letter indi- the FHA program and make it more efficient. privatizing the program. cating that the assistance is not to be re- Section 5 of my bill would remove an outdated However, privatization or elimination would payed. While prohibitions against loans for 90 percent loan-to-value prohibition that ap- likely result in significantly less competition in downpayments generally make fiscal sense, plies to newly constructed homes that were January 11, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 79 not inspected by HUD prior to start of con- Mr. Speaker, in today's cynical society, Government Competition Act. This bill would struction. With improvements in local zoning many people question the relevance of the provide a legislative mandate for implementa- and inspection laws, this special limitation is Boy Scouts of America to today's society. Let tion of the 1955 Eisenhower policy. It would outdated, and places an unnecessary inspec- us point to Bob and Eric Schultz as a shining require OMB to conduct an inventory of com- tion burden on HUD staff. FHA insurance of example of the worthiness of the Boy Scout mercial activities performed by Federal agen- new homes continues to fall, in part because movementÐan organization which warrants cies using Government employees and estab- of this restriction. Ten years ago, when FHA's the support of all of us. To those cynical lish a process for contracting those activities total business was roughly one-third of today's naysayers, let us remind them too that the to the private sector over a 5-year period. volume, its new construction business was ap- skills, the leadership, and the good citizenship During the course of my research on this proximately 40 percent higher than it is today. which are the foundation of Scouting benefit matter, I have become aware of a particularly our Nation as a whole. I believe that elimination of this unnecessary glaring example of the insidious nature of limitation would make FHA more competitive f Government intrusion into an area that right- in this area. Again, this provision was adopted 40TH ANNIVERSARY OF FREEDOM fully should be performed by the private sec- in committee by voice vote and included in FROM GOVERNMENT COMPETI- tor. That is the field of surveying and mapping. H.R. 3838 last year. TION POLICY The Federal Government annually spends Finally, section 7 of my bill would eliminate approximately $1 billion on surveying and ac- the need for FHA approval of condominium tivities, but in fiscal year 1993 only $69 million projects, when any such project has already HON. JOHN J. DUNCAN, JR. been approved by a government sponsored OF TENNESSEE or 6.9 percent was contracted to the private enterprise [GSE]. Requiring FHA approval in IN THE HOUSE OF REPRESENTATIVES sector while there are some 6,000 surveying this case is redundant, and is the type of bu- Wednesday, January 11, 1995 firms and 250 mapping firms in the United States. You can go into any county seat in reaucratic excess that we are seeking to undo. Mr. DUNCAN. Mr. Speaker, January 15, In conclusion, as we move to consideration Tennessee or any other town in the Nation 1995, will mark a historic anniversary in the and you will find a private professional survey- of proposals dealing with FHA and other Fed- history of our Nation and one which could not or's firm within a 5-minute walk of the court- eral housing programs, let's make sensible de- occur at a more appropriate time. house ready, willing, and able to do this work. cisions which preserve opportunities for all It was on January 15, 1955, that President Not only do Federal agencies fail to contract Americans. My approach is simple: don't elimi- Dwight Eisenhower issued a policy that: a meaningful amount of their surveying and nate FHAÐmodernize it. I believe the FHA The Federal Government will not start or Modernization and Efficiency Act is the way to carry on any commercial activity to provide mapping requirements, but they market their do this, and would welcome cosponsors for a service or product for its own use if such services to other Federal agencies and to this important legislation. product or service can be procured from pri- State, local, and foreign governments, in direct f vate enterprise through ordinary business and unfair competition with the private sector. channels. It just doesn't make since for the U.S. Govern- SALUTING ROBERT AND ERIC That policy is still on the books today in Of- ment to have this capability when it is avail- SCHULTZ fice of Management and Budget Circular A± able from the private sector. I am convinced 76. However, this policy has been regularly the more than 99 percent of the surveying and HON. BENJAMIN A. GILMAN avoided during the past 40 years. The Con- mapping firms that are indeed small business, OF NEW YORK gressional Budget Office reported in 1987 that as well as the larger firms, can save tax dol- IN THE HOUSE OF REPRESENTATIVES some 1.4 million Federal employees are en- lars and help us reduce the Federal deficit by gaged in occupations that are commercial in Wednesday, January 11, 1995 working under contract with Federal agencies, nature. and that the surveying and mapping firms in Mr. GILMAN. Mr. Speaker, I wish to call to The Grace Commission recommended con- Tennessee and the other States can do as the attention of all of our colleagues a coura- tracting out and estimated that $4.6 billion a good if not better job of surveying and map- geous act of bravery on the part of two of my year could be saved by using private contrac- ping our land than the Government. constituents, who serve as an inspiration to all tors to perform the commercial activities cur- The surveying and mapping community is a of us. rently accomplished in-house by Federal em- perfect example of overzealous Government Robert W. Schultz of New City, NY, and his ployees. Even this administration's National growth in an activity that can and should be Performance Review recommended that A±76 24-year old son Eric were vacationing at Sara- performed by the private sector. The old chain be strengthen and enforced. nac Lake in New York's Adirondack Mountains and transit methods of surveying have been The issue of government competition with last May when they witnessed the capsizing of replaced by Global Positioning System [GPS] the private sector has become so pervasive a canoe on the lake which was occupied by a satellite receivers, analytical computer map- father and son. that the most recent White House Conference ping systems, and other technologies. It is Both Robert and Eric dove into the freezing on Small Business adopted as one of its lead- frustrating to small business men and women waters of the lake to rescue the two unfortu- ing planks: that their markets, both domestic and foreign, nate canoeists. Eric managed to get the son Government at all levels has failed to pro- are limited by the predatory activities of Fed- to an island, where he administered first aid in tect small business from damaging levels of eral agencies and that their tax dollars are the manner which he learned in the Boy unfair competition. At the federal, state and local levels, therefore, laws, regulations and supporting purchases of this same equipment Scouts, and performed other procedures policies should . . . prohibit direct, govern- which brought the young man back to con- by these agencies. ment created competition in which govern- While there has been considerable discus- sciousness. In the meantime, Bob was able to ment organizations perform commercial lead the father to another location on shore, services . . . New laws at all levels, particu- sion of privatization, an end to State-domi- where by utilizing the survival skills he had larly at the federal level, should require nated economies in favor of market oriented learned as a Boy Scout, reversed the first strict government reliance on the private economies, individual initiative, and other vir- stages of hypothermia which had begun to set sector for performance of commercial-type tues that led Eastern Europe to discard social- in, and stabilized the gentleman's condition functions. When cost comparisons are nec- ism in favor of capitalism, Washington has not essary to accomplish conversion to private practiced here at home what we are preaching until help arrived. Both Bob and Eric remained sector performance, laws must include provi- calm and collected throughout this emergency sion for fair and equal cost comparisons. in fledgling democratic nations. When a Gov- situation, and their actions resulted in saving Funds controlled by a government entity ernment agency competes with private firms it the lives of both father and son. must not be used to establish or conduct a stifles growth in private industry by dominating Because of their heroism and their exper- commercial activity on U.S. property. certain markets; diverts needed personnel, tise, both Robert and Eric are being presented The issue is again at the top of the agenda particularly in technical occupations, from pri- the Boy Scouts of America Lifesaving Award, of America's small business owners, having vate sector employment; thwarts efforts by perhaps the most prestigious honor bestowed been adopted as a plank in several of the U.S. firms to export their services; and erodes by the Boy Scouts. Bob and Eric had both State meetings leading to the 1995 White the tax base by securing work that would oth- achieved the rank of Eagle Scout, and there is House Conference on Small Business that will erwise be accomplished by tax paying entities. no doubt that the skills they had obtained as convene in Washington, DC, in June. Not only have the advantages of privatiza- a part of their Boy Scout training directly led During the 102d and 103d Congress, I intro- tion and private sector utilization been recog- to the saving of both of these lives. duced legislation known as the Freedom from nized on the international scene, but these E 80 CONGRESSIONAL RECORD — Extensions of Remarks January 11, 1995 strategies are being implemented in Ameri- world leaders. Unfortunately, the opposite is the way Government works. Last week, we can's States, cities, and counties. true: In their fight for survival against these successfully changed the way Congress does In a recent report, ``Listening to America'', foreign competitors, our own Government has business. Next, we will change the business the Republican National Committee's National put U.S. companies at a serious competitive Congress does. Policy Forum, said: disadvantage. We took our first steps toward turning back In reducing the size and scope of govern- Under current law, any company wishing to bloated, wasteful, inefficient government. I am ment, it is time for Washington to learn export a class III medical device must obtain committed to continuing down the path to less from the lessons of the state and local gov- separate export approval from the FDAÐa taxes, less spending, and less regulation. ernments. In Indianapolis, Jersey City, Dal- process which is complex, expensive, and In order to change the way government las, Charlotte and Philadelphia, city govern- which can take months to complete. Surpris- works, we must change the way Washington ments under Democrat as well as Republican ingly, U.S. companies are required to com- administration are turning to privatization works. The out of control Federal spending to do more with less. In some cases, govern- plete this export approval process even if the export product is not intended for sale in this beast thrived on 40 years of liberal tax and ments are getting out of the business of spend policies. We must pass the balanced doing things they never should have done in country and has already been approved by the the first place In other cases, private compa- country to which it is being exported. budget amendment to reign in the spending nies compete with public employees to pro- Because of this FDA redtape, U.S. device beast and impose discipline on Washington's vide service at the highest quality and the companies who want to export face a double wasteful spending habits. lowest cost. * * * hurdle: They must satisfy both the U.S. Gov- Our Nation's forefathers envisioned a gov- The federal government can learn much ernment and the government of the country to ernment that served the peopleÐnot the other from the new breed of mayors and governors which they wish to export. This situation cre- way around. A balanced budget amendment who are responding to the call from their friends and neighbors to put government ates a strong incentive for American compa- would help fulfill that vision. nies to move overseas, where they do not back in the hands of the people who found it, f to rethink the role of government; to get out face this kind of unnecessary redtape. of business it doesn’t belong in * ** This incentive is already having devastating TRIBUTE TO BOBBY CAVE We in Congress have failed in our oversight effects: In a recent survey of device company responsibilities and permitted this buildup of CEO's 40 percent said that their companies in-house Government capabilities in commer- had reduced employment as a result of regu- HON. DAN BURTON cial activities to occur. No matter how well in- latory delays, and 22 percent said that they tended these capabilities were when created had already moved jobs offshore due to un- OF INDIANA or how popular they are now, we must put a necessary FDA regulation. In other words, the result of this FDA regulation is lost American IN THE HOUSE OF REPRESENTATIVES stop to this unfair and costly practice. jobs. I urge all my colleagues to use the 40th an- Wednesday, January 11, 1995 The legislation I am introducing today, the niversary of President Eisenhower's policy to Medical Device Export Promotion Act, could Mr. BURTON of Indiana. Mr. Speaker, I help focus America's attention on this impor- help save these jobs. would like to call this entire body's attention to tant issue. I invite all Americans to join with This legislation would direct the FDA to give the accomplishments of a young man from my me on January 15 to recognize the benefits of automatic export approval to class III medical district. Bobby Cave is 15-year-old freshman relying on our great enterprise system to as- devices which have been approved for import at Greenwood High School, Greenwood, IN, sist in developing those Government services by members of the European Community or and his parents are Mr. & Mrs. Robert Cave. that can be performed at higher quality and Japan. These countries are our two most im- lower cost than the Government itself. Let us On Sunday, January 8, Bobby won the na- portant export markets and have device ap- tional Punt, Pass & Kick championship before use this occasion to dedicate ourselves to re- proval processes which are internationally rec- defining Government by focusing the public a national television audience. ognized as being safe and effective. The bill Mr. Speaker, Punt, Pass & Kick is an an- sector on those activities only it can perform would also allow U.S. companies which have and relying on the private sector for those ac- nual football skills competition which gives gained approval for import into Europe and thousands of youngsters ages 8 to 15 a tivities it does best. Japan to export worldwide without FDA inter- chance to participate in a healthy and com- f ference. Finally, the bill would not allow competitive environment. It has been going on for panies to export products which have been LEGISLATION TO SAVE AMERICAN many years, and in fact, a member of my staff JOBS banned in this country. In short, this legislation represents the best twice competed in the competitions more than of both worlds: It would allow 85 to 90 percent 15 years ago. HON. JAY KIM of U.S. medical devices to be freely exported Mr. Speaker, Bobby Cave has proven him- OF CALIFORNIA without allowing U.S. companies to dump infe- self to the Nation with his football skills, and IN THE HOUSE OF REPRESENTATIVES rior products on the world market. in the process he has represented my district Wednesday, January 11, 1995 In doing so, this legislation would eliminate and my State in a very positive manner. I am Mr. KIM. Mr. Speaker, I rise today to intro- many of the bureaucratic hurdles that U.S. very proud of Bobby and would like the entire duce legislation which will save the jobs of companies must currently overcome in order U.S. Congress to recognize his accomplish- thousands of American workers. to export medical devices. In doing so, this ments as well. legislation will eliminate the incentives for As many of my colleagues know, the medi- f cal device industry is one of the most dynamic companies to move overseas to avoid such unnecessary regulation and, as a result, will industries in the United States. The statistics INTRODUCTION OF H.R. 452, THE bear this point out: In 1993, the U.S. medical save American jobs. For this reason, I urge my colleagues to support the Medical Device ‘‘FOREIGN INTEREST REPRESEN- device industry produced nearly 40 billion dol- TATION ACT’’ lars worth of goods and employed approxi- Export Promotion Act and ask for its timely mately 270,000 workers in high-skill, high- consideration by this body. wage jobs. U.S. medical device firms also ex- American workers are counting on us. It is HON. JAMES A. TRAFICANT, JR. ported almost $10 billion worth of goods in time to act. 1993, capturing 53 percent of the worldwide f OF OHIO device market. CHANGING THE WAY IN THE HOUSE OF REPRESENTATIVES However, like other U.S. industries in the GOVERNMENT WORKS past, our position of world dominance in this Wednesday, January 11, 1995 industry is being threatened. The medical de- HON. RON PACKARD Mr. TRAFICANT. Mr. Speaker, every year, vice industry is facing increasingly fierce com- OF CALIFORNIA foreign interests spend hundreds of millions of petition from many foreign nations, especially IN THE HOUSE OF REPRESENTATIVES dollars to influence the American Government. Japan, Germany, and France. They employ topnotch lobbyists, many of Given this situation, one would think that our Wednesday, January 11, 1995 Government would be doing all it could to help Mr. PACKARD. Mr. Speaker, last November device manufacturers retain their position as the voters overwhelmingly chose to change January 11, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 81 whom are former U.S. Government officials port, a whopping 68 percent had not reg- a democracy? In fact, they sound more like and staff, to present their case in Washington. istered on time. the workings of North Korea, Cuba, or any Meanwhile, our free trade policies have lit- Currently, registrants must submit updated other dictatorship you can name. If making a erally opened the doors to foreign investment, disclosure forms every 6 months after the ini- speech is terrorism, the word is drained of any while an archaic law allows agents of foreign tial registration. This system has made it al- meaning I recognize. governments to work in secrecy. most impossible to know who is registered The oppression of the Sikhs must end. The The Foreign Agents Registration Act [FARA] and whether the registration is up-to-date. Sikh nation wants its freedom. It is time for of 1938 requires foreign agents to disclose H.R. 452 requires follow-up registration forms India to withdraw its occupying troops from their connections with foreign governments, to be filed in January 30 and June 30 of each Khalistan and allow Khalistan to achieve its foreign political parties, and other foreign prin- year. The Justice Department, however, would full independence by peaceful means. Until cipals to the Foreign Agents Registration Unit be given the authority to waive this provision, India is willing to allow the Sikh nation to vote at the Department of Justice. However, ac- on a case-by-case basis, for entities whose on independence, it cannot call itself demo- cording to General Accounting Office [GAO] fiscal year does not follow the calendar year. cratic. Until India recognizes the fundamental reports, FARA is plagued by unclear language Finally, harsh criminal penalties under FARA liberties of all people living under its rule, it as to who is required to register, weak inves- are another reason the Justice Department should receive no aid or trade from the over- tigative and enforcement provisions, and loop- has shied away from enforcement of the act. burdened taxpayers of the United States or holes. Under H.R. 452, any person who has failed to any civilized nation. GAO's July 1990 report entitled, ``Foreign file, has omitted facts, or has made a false Only freedom for Khalistan will ensure Agent Registration: Justice Needs to Improve statement regarding the facts, will be fined a peace and freedom in the region. It is time for Program Administration,'' finds that only 775 minimum of $2,000, up to $1,000,000, de- India to withdraw from Khalistan and all the foreign agentsÐout of thousandsÐactually pending upon the nature and duration of the other nations it is oppressing. It is the duty of violation. Furthermore, the Justice Department bothered to register under FARA. Since the the United States to support the cause of free- would be given the authority to subpoena indi- 1990 report, neither the Justice Department dom. We should impose sanctions on India viduals for testimony and records. nor Congress has rectified this breech of se- and cut off its aid until India is willing to live The bottom line is, the American people curity. As a result, I have introduced H.R. 452, by the principles of freedom which define have a right to know who is getting paid by democratic nations. We must take strong the Foreign Interest Representation Act. foreign interests to influence the U.S. Govern- The GAO report found several problems measures to support human rights and self- ment. If you support an end to secrecy determination for everyone. with current law: through uniform reporting and penalties for The Foreign Agent Registration Act was noncompliance, I urge you to cosponsor H.R. f originally enacted to target Nazi and Com- 452, the Foreign Interest Representation Act. munist propaganda in the 1930's and 1940's. DEPARTMENT OF HOUSING AND f The term ``foreign agent'' was originally used URBAN DEVELOPMENT AN- to identify foreign principals in America who SIKH LEADER S.S. MANN AR- NOUNCES CHANGES were spreading foreign propaganda and orga- RESTED FOR MAKING SPEECH; nizing political activities. With the end of the CALLED FOR FREE KHALISTAN; cold war, however, the emphasis has shifted SIKHS SHOW SUPPORT FOR HON. RICK LAZIO from political propaganda to free trade and the FREEDOM OF NEW YORK global economic competition. FARA, however, IN THE HOUSE OF REPRESENTATIVES remains unchanged. Thus, many individuals HON. GERALD B.H. SOLOMON and law firms representing foreign interests OF NEW YORK Wednesday, January 11, 1995 are exempt from registration under the act. IN THE HOUSE OF REPRESENTATIVES Mr. LAZIO of New York. Mr. Speaker, on My bill, H.R. 452, substitutes ``representative Wednesday, January 11, 1995 December 19, 1994, Secretary of the Depart- of a foreign interest'' for ``foreign agent,'' thus Mr. SOLOMON. Mr. Speaker, the brutal opment of Housing and Urban Development broadening the definition and closing a loop- pression of the Sikh nation by the Indian re- [HUD] Henry Cisneros announced that he hole. Likewise, the term ``political propaganda'' gime continues. Simranjit Singh Mann, a very planned to dramatically alter the manner in has been dropped in favor of ``promotional or prominent Sikh leader, was arrested on Janu- which the Department operates. He admitted informational materials.'' Several other term ary 5 under India's draconian Terrorist and that HUD was a bureaucracy more attentive to substitutions were made in this manner. Disruptive Activities Act, known as TADA, after process than to results, was slavishly loyal to FARA provides certain exemptions to reg- he made a speech in which he called for a nonperforming programs, and did not trust the istration including commercial activities. More- free and independent Khalistan by peaceful initiatives of local leaders. To correct these over, representatives of foreign interests are means. The speech was given December 26 problems, he presented a plan, called the not required to notify the registration unit to at an annual Sikh observance commemorating HUD Reinvention Blueprint, to restructure claim an exemption. As a result, it is difficult the martyrdom of Guru Gobind Singh's two HUD's programs in an unprecedented fashion. for the unit to determine who should and who sons. After telling the crowd that Khalistan is After reading the blueprint, which is still con- should not be registered. the only issue facing the Sikh nation, Mr. ceptual, I was pleased to see that the Sec- Under H.R. 452, any person who engages Mann asked the crowd of 40,000 to 50,000 to retary adopted many Republican ideas. For in political activities for the purpose of further- raise their hands if they supported a free example, it proposes to shrink the Federal ing the commercial, industrial or financial oper- Khalistan. The attendees all raised their hands Government, to reduce micromanagement, ations of a foreign interest would no longer be if they supported a free Khalistan. The and to return power and responsibility to State exempt. In addition, representatives of foreign attendees all raised their hands in a clear and local jurisdictions. interests will now be required to notify the At- demonstration of the Sikh nation's support for I told the Secretary that I welcomed his torney General. a free Khalistan. ideas and that I wanted to work with him to Furthermore, H.R. 452, establishes a test to When India held state elections in Punjab, change the way housing, especially low-in- determine what constitutes foreign control. En- Khalistan, in February 1992, only 4.3 percent come housing, is provided in this country. tities that are more than 50 percent foreign of Sikhs there voted, according to the news- Nevertheless, I also told the Secretary that, owned would be presumed to be foreign con- paper India Abroad. Nearly 96 percent stayed as the new chairman of the Housing and trolled and required to register. Entities with 20 away, despite the military's effort to drag vot- Community Opportunity Subcommittee, I to 50 percent foreign ownership would also be ers to polling places at gunpoint. This is a planned to review in toto all HUD's programs. considered foreign controlled, but the pre- clear reflection of the Sikh nation's desire for My reasons for this review are based on re- sumption could be rebutted with evidence. freedom. ports which question HUD's capacity to admin- Less than 20 percent foreign ownership would Now Mr. Mann, a former Member of Par- ister its more than 200 programs. For exam- not require registration. Both provisions help to liament, again faces charges under TADA as ple, the National Academy of Public Adminis- clarify the law and will lead to an increase in well as sedition charges. Will the almost trators [NAPA] has recommended that HUD's registration. 50,000 Sikhs who raised their hands also be programs be reduced to 10 by the year 2000 Timeliness of foreign agent registration and declared terrorists by the brutal Indian regime? or be eliminated. HUD's inspector general [IG], reporting remains a problem. Of the 28 reg- India calls itself the world's largest democ- in her most recent report to Congress, found istration statements reviewed in the GAO re- racy. Do these actions sound like the acts of that HUD needed to be more proactive and E 82 CONGRESSIONAL RECORD — Extensions of Remarks January 11, 1995 aggressive to correct its problems, especially Once this measure is enacted, never again as if Western Europe is in need of subsidy for in light of their magnitude and complexity. The will an individual be able to walk into an explo- its defense from the American taxpayers. HUD blueprint proposes to consolidate only 60 sives dealer's office, quickly fill out a short During our recess, on December 3, Jack programs into 3Ðleaving unanswered the Federal form, and walk out with dynamite or Beatty, senior editor at the Atlantic Monthly, question of what becomes of the remaining some other type of high explosive. wrote an excellent essay in the Boston Globe 140 programs. The Restricted Explosives Control Act is en- pointing out the irrationality of our current pol- Congress must do a top-to-bottom review of dorsed by the Institute of Makers of Explo- icy. I was flattered to read Mr. Beatty's forth- HUD programs. Most require major overhaulÐ sives, the very people who manufacture explo- right assertion that ``NATO is an exorbitant a process that involves rewriting statutes and sives. The bill also is endorsed by the National anachronism'' and I ask that his very persua- reducing Federal regulations. Therefore, as Rifle Association. sive essay be printed here. I hope that Mem- part of my review, I intend to find ways in ad- This legislation is a solid proposal that will bers will read and think about it as we prepare dition to the blueprint, to reform, consolidate, prevent such tragedies. The fact is that current to vote on the fiscal 1996 budget. streamline, and if appropriate, eliminate out- law allows for dynamite and other explosives [From the Boston Globe, Dec. 3, 1994] dated housing programs. to be sold over the counter. The Restricted NATO: IT’S TIME THE EUROPEANS FOUND As part of this review, I am looking at new Explosives Control Act must be implemented THEIR OWN WAY approaches to administering HUD programs in without delay so that we may close that dead- (By Jack Beatty) a cost-efficient, yet people-friendly manner so ly loophole in Federal explosives law. NATO is an exorbitant anarchronism. that as many families as possible can get f Widely regretted by columnists and editorial housing. I intend to explore various options to writers, the current rift among the NATO al- deregulate programs so that States and local HONORING DR. PAUL MICHAEL lies over Bosnia should instead be seen as a jurisdictions are provided with all the authority KAZAS welcome development, a chance to reorder they require to operate independentlyÐboth fi- national priorities. We can no longer afford nancially and administratively. It is my feeling HON. CHARLES E. SCHUMER to defend countries with higher standards of living than our own against a vanished that unless localities have unfettered discretion OF NEW YORK to operate their programs, with the fewest pos- threat. The Cold War is over, but the peace IN THE HOUSE OF REPRESENTATIVES dividend has been swallowed up by NATO. sible attached strings, deregulation is illusory. Wednesday, January 11, 1995 We continue to spend $75 billion to $100 bil- Finally, I want to review HUD's budget. lion annually on the defense of Western Eu- Every Member of this House is aware that all Mr. SCHUMER. Mr. Speaker, one of the rope—this largely to maintain the 150,000 US Federal agencies must tighten their belts in pleasures of serving in this legislative body is troops stationed there. The Clinton adminis- order to reduce the budget deficit and pay for the opportunity we occasionally get to ac- tration wants to cut that force by 50,000 by the middle-income tax cut. HUD cannot be ex- knowledge publicly outstanding citizens of our 1999. What is the rationale for keeping 100,000 cused from this effort. Nation. troops in Europe into the next millennium? It is my intention to work with HUD and with I rise today to honor Dr. Paul Michael To repel any future Russian invasion of Lith- uania. Unbelievably, that was the sole Euro- my former chairman, HENRY GONZALEZ, for Kazas, a model citizen. I congratulate Dr. pean case offered in the seven possible war whom I have great respect, as the committee Kazas for his recent election as president to scenarios leaked from the Pentagon two reviews the proposals in the blueprint, particu- the Woodhaven Residents' Block Association. years ago. larly insofar as they are based on Republican If he brings the same dedication that he has We have no treaty commitments to Lith- efforts over the last 12 years. I welcome many brought to his other pursuits, then there is little uania. For 50 years we tolerated the Soviet of the blueprint's core ideas as a beginning, doubt that this organization will blossom and occupation of Lithuania without harm to our but intend to take a hard look at them and to grow. national well-being. Lithuania is to Russia expand upon them, so that they become in ac- Dr. Kazas belongs to some 20 civic profes- as Haiti is to us, a small country within a big country’s sphere of influence. Yet the tuality what they appear to be in concept. sional organizations, and actively serves on Pentagon expects US taxpayers to fork over f five different board of directors. While others more than $50 billion every year to preserve lead and leave the work to others, Dr. Kazas a free Lithuania. RESTRICTED EXPLOSIVES is never afraid to get his hands dirty. He Military welfare to Europe should be as CONTROL ACT cleans the traffic islands from Park Lane hot a political button as domestic welfare to South to 91st Avenue on Woodhaven Boule- women and children, and perhaps it would be HON. JACK QUINN vard; he was involved with repainting the near- if the British, Danes and Germans we are by Interborough Parkway Overpass; he be- saving from the costly inconvenience of de- OF NEW YORK fending Lithuania all by themselves were— IN THE HOUSE OF REPRESENTATIVES came a certified street pruner so that the com- how to put it?—stigmatically nonwhite. But munity could receive a $15,000 grant from the Wednesday, January 11, 1995 with the elites of both parties under the New York State Department of Environment platitudinous spell of the foreign policy es- Mr. QUINN. Mr. Speaker, I rise today to re- Conservation to plant trees on Jamaica Ave- tablishment, it will probably take a third introduce the Restricted Explosives Control nue. He is truly a remarkable individual. party to raise the issue. Act, a consequential piece of legislation that I Mr. Speaker, I would like to take this mo- Counter-arguments? Two are usually cited. sponsored in the 103d Congress. ment to ask my colleagues in the U.S. House First, we would lose influence within the al- Not only does my legislation require a Fed- of Representatives to join me in commending liance if we had no ground troops stationed on alliance soil. Second, only isolationists eral permit for all purchases of explosives, it Dr. Kazas for his tireless work. He is worthy could advocate abandoning the forward-de- also dictates that all applicants must submit a of our recognition for making Queens County ployment strategy taught by the bitter expe- photograph as well as a set of fingerprints and the city of New York a better place in rience of two Europe-made world wars. along with their permit application. The bill de- which to live. Lose influence within the alliance? What fines ``restricted explosives'' as: high explo- f influence? The Clinton administration’s sives, blasting agents, detonators, and more fruitless efforts to change alliance policy on than 50 pounds of black powder. NO MORE TAXPAYER SUBSIDY Bosnia shows how little influence we have. In addition, the legislation will not unduly FOR WESTERN EUROPE To be sure, we might have had more if, like the British and French, we had dispatched burden legitimate explosives purchasers. The peace-keepers to Bosnia, a place with no bill establishes a 6-month grace period, before HON. BARNEY FRANK peace to keep. But influence at the price of the measure is implemented, to enable people OF MASSACHUSETTS folly is a bad bargain. to obtain Federal permits from the Bureau of IN THE HOUSE OF REPRESENTATIVES The idea that we should ‘‘lead the alli- Alcohol, Tobacco, and Firearms [ATF]. ance,’’ that the European powers have grown During the holiday season of 1993, four mail Wednesday, January 11, 1995 soft behind the generous welfare states our bombs exploded in western New YorkÐtaking Mr. FRANK of Massachusetts. Mr. Speaker, defense spending has let them afford, has five innocent lives. Current law enabled those the biggest single mistake we are making in surface plausibility. Certainly the British and French have not shown much spine in accused in the murders to buy the deadly dy- public policy today is to continue to spend far Bosnia. But unpack that word ‘‘lead’’ and namite in Kentucky, simply by providing false more on the military than is necessary. We you’ll find it means something like this: If identification, completing a short form fur- have not responded responsibly to the col- we continue to spend more to defend Europe nished by the ATF, and promising not to cross lapse of the Soviet Union and our victory in than the European countries spend to defend State lines. the cold war. In particular, we continue to act themselves, and if we are willing to station January 11, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 83 peace-keepers in powderkegs like Bosnia, the unteer teacher in Papua New Guinea. Shortly quisition funds to buy the islands from their allies will suffer us to lead them, yes, but thereafter, she blended her interest in teaching previous owners. Because of his efforts, vir- only where they want to go, as Lyndon John- with a calling to the church by earning a mas- tually all of the islands are now protected, en- son discovered over Vietnam. Leadership means pointless, unending subsidy. ter of divinity at Princeton Seminary. After a suring that they will remain free of develop- Moreover, it is insulting to the Europeans brief stay with the Nassau Presbyterian ment and in their pristine state which will be to carry on as if they are cock-a-hoop with- Church in Princeton, she came to the Brick open to the public for generations to come. out us. Just as a welfare check can inhibit Church, which has enjoyed her presence ever Unquestionably, without Bob Lagomarsino's your will to work, so being led by others can since. perseverance, it's safe to say that the islands inhibit your will and weaken your capacity Mr. Speaker, I would ask that my colleagues would not be protected today. It's only fitting to lead. The Europeans must find their own join me in celebrating Leslie Merlin's 15th an- that the visitors center at Ventura Harbor way. Is it ‘‘isolationist’’ to leave them to it? No. niversary with the Brick Church. She has been serve as a living monument for the outstand- It is realism. We should trade places with the both a friend and an inspiration to the parish- ing service Bob Lagomarsino provided to Ven- French: They are the major land power in ioners of the Brick Church, and I wish her tura County residents for almost 35 years in Europe. Let them lead; it will do wonders for many more years of happiness and joy. public office. their hauteur. Our political role should be as f Identical legislation was passed by the a French-like kibitzer around the edges of House in the 103d Congress; regrettably it NATO, ready to build up in Europe, if nec- REPEAL NAFTA! was not considered in the Senate prior to ad- essary, to answer any buildup from a nation- journment. alist Russia. Our proper geostrategic role is offshore, as a maritime power. Walter Lipp- HON. WILLIAM O. LIPINSKI I urge my colleagues to support and to co- mann called this the ‘‘blue water strategy.’’ OF ILLINOIS sponsor this legislation. Unlike the continuance of forward deploy- IN THE HOUSE OF REPRESENTATIVES f ment against a phantom enemy, it has the Wednesday, January 11, 1995 merit of being sane. INTERSTATE BANKING REVISITED Besides, as conservatives will soon be Mr. LIPINSKI. Mr. Speaker, I rise today in warning in Congress, we face security support of the NAFTA Withdrawal Act, legisla- threats that the cost of forward deployment tion to pull the United States out of the North HON. BILL McCOLLUM in Europe simply won’t permit us to address. OF FLORIDA It is, for example, just a matter of time be- American Free-Trade Agreement [NAFTA]. fore some rogue regime or stateless band of When I cast my vote against NAFTA, I did IN THE HOUSE OF REPRESENTATIVES so knowing full well the devastating impact terrorists learn how to make and transport Wednesday, January 11, 1995 nuclear weapons. We have no defense against such an agreement would have on U.S. work- such threats now. The Republicans want to ers. To date, because of NAFTA, over 8,000 Mr. MCCOLLUM. Mr. Speaker, last year, revive the Strategic Defense Initiative, but American workers have lost their jobs. Congress enacted the Riegle-Neal Interstate even if that celestial Maginot Line could be Since NAFTA took effect, United States im- Banking and Branching Efficiency Act of 1994. constructed for less than hundreds of billions ports from Mexico have been increasing at a This was certainly one of the Banking Commit- of dollars, it would only work against ballis- tee's most important accomplishments. One tic missile attack. A border patrol scaled to rate faster than United States exports to Mex- national security dimensions would make far ico. This distinction is important because in provision in the interstate law, the applicable more sense as protection against bomb-car- order to create jobs, United States exports law provision, generated considerable discus- rying terrorists. Estimates are that $20 bil- must be expanding faster than imports. This sion by the conference committee. lion annually, about half what NATO will imbalance between imports and exports has The applicable law provision is relevant cost in the year 2000, would pay for a real cut the United States trade surplus with Mex- when a national bank branches into a second military-style border between the United ico down to little more than $1 billion. State. With respect to four kinds of State laws States and Mexico. That would also keep out Likewise, from January through July of last specified in the statute, the branch is subject both illegal immigrants and drug traffickers, to State law as if it were a bank chartered by which would benefit both our lowest wage year, United States automakers exported earners and inner-city kids. What a novelty about 22,000 vehicles to Mexico. The United the host State, unless the State law is pre- that would be: American defense spending States, however, imported 221,000 from Mex- empted. However, we were clear in the lan- defending Americans. icoÐan imbalance of 199,000 vehicles in guage of the statute and the legislative history In short, getting Europe out of our pockets Mexico's favor. Moreover, in the short-time that the applicable law provision in the inter- is a requirement of both economic and na- since NAFTA passed, Honda, BMW, Volks- state law applies only when a bank actually tional security. The burden should be on wagen, Toyota, and Samsung have all an- has branches in a second State. If a bank those who want to maintain the somnam- nounced plans to build new or expanded pro- does not branch into a second State, the ap- bulant commitment to NATO. duction facilities in Mexico. plicable law provision does not come into play. f In passing NAFTA, too many of my col- Another provision of the interstate law, the LESLIE MERLIN CELEBRATES 15TH leagues failed to see NAFTA for what it really savings clause of section 111, is also impor- ANNIVERSARY WITH THE BRICK wasÐa continuation of policies that have un- tant in this regard. The savings clause pro- CHURCH dermined the hard won benefits of our Na- vides that nothing in the interstate law affects tion's labor movement. Passage of the NAFTA section 85 of the National Bank Act and sec- HON. CAROLYN B. MALONEY Withdrawal Act is essential if we are to restore tion 27 of the Federal Deposit Insurance Act. OF NEW YORK justice to the working people of America. These provisions, as we explained in the leg- IN THE HOUSE OF REPRESENTATIVES f islative history, authorize banks to make loans, including interstate loans, and the savings Wednesday, January 11, 1995 THE ROBERT J. LAGOMARSINO clause therefore preserved the preexisting Mrs. MALONEY. Mr. Speaker, I rise today VISITORS CENTER lending authority of banks to collect all lending to bring to the attention of my colleagues a charges, without regard to the changes in wonderful woman who recently marked her HON. ELTON GALLEGLY branching authority made by the interstate 15th year with the Brick Presbyterian Church OF CALIFORNIA law. in Manhattan. IN THE HOUSE OF REPRESENTATIVES I believe it is important to reemphasize Since 1979, Associate Pastor Leslie Merlin these points as courts, regulators, and others has devoted her considerable talents and Wednesday, January 11, 1995 interpret the applicable law provision and other deep compassion to the Brick Church as As- Mr. GALLEGLY. Mr. Speaker, I am today parts of the new interstate banking law. It has sociate Pastor. As a parishioner at the Brick re-introducing legislation to designate the visi- come to my attention that a State court in Church, I have enjoyed her sermons and been tors center at the Channel Islands National Pennsylvania recently interpreted the applica- a beneficiary of her wisdom many times. Park, CA, as the Robert J. Lagomarsino Visi- ble law provision in a decision concerning When she arrived in 1979, Pastor Merlin tors Center. whether a national bank located in Ohio was brought with her to the Brick Church a long- In 1980, Bob Lagomarsino successfully authorized by section 85 of the National Bank standing commitment to helping others, and a guided legislation through Congress which es- Act to collect certain credit card charges from devotion to making the world around her a tablished the Channel Islands National Park in Pennsylvania residents. I would certainly hope better place. After graduating from Wagner Ventura County, CA. He then worked tirelessly that all courts recognize that the applicable College in Staten Island, she served as a vol- during the next dozen years to obtain land ac- law provision has no bearing on or relevance E 84 CONGRESSIONAL RECORD — Extensions of Remarks January 11, 1995 to a case in which a national bank has no IN MEMORIAL: SHANNON LOWNEY a round of ammunition. Since then other bul- branches in a second State. AND LEANNE NICHOLS lets manufactured from different materials but designed with the same purpose have been f HON. BOB FILNER introduced. Only after threatening or actually carrying out our threat to ban these cop-killer HONORING THOSE FIRE FIGHTERS, OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES bullets, have we in Congress been successful EMERGENCY PERSONNEL, AND at stopping them from reaching our streets. VOLUNTEERS WHO CONTAINED Wednesday, January 11, 1995 However, as soon as we in Congress go THE LOGAN VALLEY MALL FIRE Mr. FILNER. Mr. Speaker, the violence con- through the motions of preventing a cop-killer IN ALTOONA, PA ON DECEMBER tinues and the death toll rises once again. In bullet from going into production, along comes 16, 1994 the wake of the recent clinic violence in Mas- another manufacturer with a new bullet de- sachusetts, 25-year-old Shannon Elizabeth signed to penetrate protective armor. This pat- Lowney and 38-year-old Leanne Nichols are tern will continue as long as bullet manufactur- HON. BUD SHUSTER dead, five people are injured, and an entire ers are allowed to exploit the loophole that ex- OF PENNSYLVANIA Nation sits paralyzed by fear and shock. ists in the 1986 law banning cop-killer bullets. I wish to extend my deepest sympathies to Under the law, only metal alloy and Teflon- IN THE HOUSE OF REPRESENTATIVES the families of Shannon and Leanne. To them coated bullets were singled out leaving the Wednesday, January 11, 1995 we offer this promise: We will not allow these door wide open for companies such as the women's lives to be lost in vain and we will Signature Products Corporation to develop Mr. SHUSTER. Mr. Speaker, I rise today to not allow their sacrifice to be dismissed as plastic-based ammunition like the rhino bullet. honor a group of people who exemplified the mere casualties of a political conflict. These My legislation would prevent these unscru- utmost professionalism and courage in their were not combatantsÐthese were health care pulous bullet manufacturers from taking ad- efforts to battle the devastating Logan Valley professionals. They were brutally murdered by vantage of this loophole in existing Federal Mall fire in Altoona, PA during the early hours those that seek to do through terrorism what law. Rather than attempting to add another of Friday, December 16, 1994. These fire- they can never do through the ballot box. amendment to the 1986 law, the Anti-Cop-Kill- fighters, emergency personnel, and volunteers The time has come for an end to clinic vio- er Bullet Act proposes an across-the-board tax all came together in a desperate time of need lence. An end to the lame excuses offered on on all bullets expressly manufactured or ad- to contain this fire which has left an everlast- behalf of the offenders. An end to the fear that vertised to penetrate normal quality bulletproof ing impression on the Altoona economy and grips professionals, patients, and ordinary vests worn by law enforcement personnel. The its people. Over 300 firefighters, from 63 de- Americans throughout our Nation. An end to tax at $200 per bullet would surely make the partments, stationed in Blair and four sur- the sick belief that violence will reap political business of manufacturing cop-killer bullets an rounding counties were called upon to extin- empowerment. economic impossibility. guish the fire. Considering the fact that there Our Nation must act quickly to bring to jus- America's law enforcement officers are already out-gunned as it is. Having to worry are 81,000 firefighters in the Commonwealth tice both the assassins and those who incite about a bullet piercing their protective armor of Pennsylvania, 73,000 of which are volun- them. Make no mistake: There is no greater threat to our national security today then the should be the last thing on their mind. teer, one can realize the magnitude of this fire domestic terrorists roaming America under the By passing the Anti-Cop-Killer Bullet Act, we by the number of personnel involved. Along cover of anti-choice politics. Dr. David Gunn, will be giving our law enforcement the support with these numerous firefighters were emer- Dr. John Bayard Britton, Lt. Col. James they need. I urge my colleagues to join with gency assistance workers and volunteers on Barrett, Shannon Elizabeth Lowney, and me to pass this legislation so that we can pre- site to provide any needed support throughout Leanne Nichols are gone forever, but their vent these cop-killer bullets from endangering the ordeal. I applaud the job done by the local cause, the cause of freedom, lives on in all of the lives of America's law enforcement offi- police, sheriffs, dispatch centers, and commu- us. cers. nity organizations which all played a part dur- Our challenge is clear, our resolve unwaver- f ing the fire and the aftermath. ing, and our cause is just. We pause now to Due to the quick action by all of the partici- remember those who have died, but we will CONGRATULATIONS TO THE pating fire departments the powerful blaze was not give up our freedoms and we will not ca- LEAGUE OF WOMEN VOTERS contained, saving a majority of the mall stores, pitulate to terrorism. These women expect bet- and even allowing a handful to reopen in the ter of us, and better we must do to honor their HON. JAMES T. WALSH following days. Hopefully, the reconstruction of memory. OF NEW YORK the mall will be completed by the fall of 1995 f IN THE HOUSE OF REPRESENTATIVES thanks in part to this team of people. Wednesday, January 11, 1995 I know I speak for everyone involved in this THE ANTI-COP-KILLER BULLET tragedy when I say that without the support ACT Mr. WALSH. Mr. Speaker, it is a great and cooperation demonstrated by this crew of pleasure for me to commend the League of professionals and volunteers the damage sus- HON. FORTNEY PETE STARK Women Voters for their recently celebrated tained from the fire surely would have been OF CALIFORNIA 75th anniversary, which we recognized in Syr- greater, and we are all very thankful that no IN THE HOUSE OF REPRESENTATIVES acuse last month with a ceremony and exhibit at our beloved Erie Canal Museum. one was seriously injured from the dangerous Wednesday, January 11, 1995 The league has steadfastly dedicated itself blaze. In fact, with hundreds of people on the Mr. STARK. Mr. Speaker, today I am intro- to informing voters about the choices they scene, only one minor injury was reported. ducing legislation that would impose a tax and have and the process they are most certainly Even though a disaster such as this is never import controls on bullets expressly designed a part of. welcome, it is reassuring to know that there to penetrate the bulletproof vests of law en- It is fitting that our celebration in Syracuse are top notch emergency services in central forcement personnel. was held at the Canal Museum, inside a sym- Pennsylvania, committed to a profession in This legislation, the Anti-Cop-Killer Bullet bol of our regionalÐand in fact our nationalÐ which they face life and death situations every Act, would impose the same tax which cur- history and our local heritage. Decisions by time that station bell goes off. rently exists on controlled firearms, such as elected government are by their nature best I hope that in the future our communities will submachine guns and sawed-off shotguns, to made after consultation with an informed citi- be able to maintain the necessary resources high-technology cop killer bullets like the rhino zenry. Just as the Erie Canal was the work of needed to maintain such readiness when and black talon bullet. If enacted, the bullet governmental leaders enlightened by a popu- called into action in times of serious emer- manufacturer would be taxed at the rate of lace requiring economic salvation, so too is gencies. The Altoona region is indeed fortu- $200 for each bulletÐa tax so high that the democracy exercised best when groups such nate to have such a dedicated fire and rescue bullet obviously would never be produced. as the League of Women Voters have done service on hand. Over 10 years ago, a Teflon-coated bullet their work. designed to pierce soft body armor was intro- My personal experience with the Syracuse duced. Due to strong public reaction, Con- Metro League has been positive. I believe I gress in 1986 enacted the very first law to ban have benefited by their efforts. They have January 11, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 85 sponsored debates in which I have taken part. schools without family practice departments. sessment Act of 1995. Congress has shown They have provided forums for discussion, Second, the higher the ratio of funding of a little concern for the science of Yucca Moun- most recently on health care. And more gen- family practice department in relation to the tain. Instead, the siting of the Nation's high- erally, but perhaps most important, they have number of students, the higher the percentage level nuclear waste repository has become been willing partners in the push to keep peo- of students choosing to enter primary care. nothing more than a political football. ple interested and involved in the responsibil- Students attending medical schools with highly My bill prohibits site characterization of ities of democracy. funded departments were 18 percent more Yucca Mountain for 3 years while the National I want to encourage the league, and to co- likely to pursue primary care than students at- Academy of Sciences conducts a study to de- operate. I would ask my colleagues to join me tending schools with lower funding. A third fac- termine if the current process of studying only in congratulating the League of Women Voters tor was whether a family practice clerkship Yucca Mountain makes scientific sense, or for their hard work and in wishing them well was required before career decisions were whether alternatives should be looked at. I be- for many years to come. made in the fourth year. Students attending lieve that a body concerned with scientific ob- f schools which required a third-year clerkship jectivity can not possibly endorse the further were 18 percent more likely to purse primary site characterization of Yucca Mountain and INTRODUCTION OF H.R. 449, THE care. Fourth, a significant correlation was the current exclusion of other options. PRIMARY HEALTH CARE EDU- found between residents who were exposed to During the suspension of work on the Yucca CATION ACT primary care faculty, exposed to hospital Mountain site the legislation provides for fund- rounds taught by primary care faculty, and ex- ing of dry cask storage at existing reactor HON. JAMES A. TRAFICANT, JR. posed to rotations which required training in sites. As the deadline approaches for the Fed- OF OHIO primary careÐand residents who were notÐin eral Government to take possession of this IN THE HOUSE OF REPRESENTATIVES choosing to enter general practice. waste, we must provide some type of storage; Given the health care needs of the 21st onsite storage appears to be the most work- Wednesday, January 11, 1995 century, COGME recommends we attain the able solution. Mr. TRAFICANT. Mr. Speaker, it's a well- following physician workforce goals by the In recognition of slippage in the deadlines known fact that America's growing emphasis year 2000. First year residency positions for study and construction of a high-level nu- on specialization in the physician work force should be limited to the number of 1993 U.S. clear waste facility, this legislation moves the has driven up the costs of health care and medical school graduates, plus 10 percent. At deadline for opening any nuclear waste dump fragmented access to medical services. What least 50 percent of residency graduates back to 2015. is not widely known is that America will have should enter practice as primary care physi- I have been consistently opposed to siting a shortage of 35,000 primary care physicians cians. And, steps should be taken to eliminate the Nation's high-level nuclear waste reposi- by the year 2000 and a projected surplus of rural and inner city primary care shortages. tory in Nevada, and I will continue to fight 115,000 specialistsÐDepartment of Health To reverse the current trends toward spe- Congress' abuse of Nevada with all means and Human Services. To reverse current cialization, the Traficant Primary Care Edu- available. It's not fair for Congress to make trends in medical education and lower the rate cation Act directs the Secretary of Health and Nevada into the nuclear dumping ground for of inflation on health care costs, I have intro- Human Services to give preference to medical the rest of the country. I hope my colleagues duced H.R. 449, the Primary Health Care Edu- schools which have established programs that will support my efforts to see that science pre- cation Act. first, emphasize training in primary care, and vails over politics. In the past year, two separate Government- second, encourage students to choose pri- f funded studies have produced substantial evi- mary care. Under H.R. 449, the Secretary dence that medical schools must respond now must consider the GAO's findings when estab- TRIBUTE TO MUSICIAN/COMPOSER to compensate for our primary care needs of lishing the conditions a medical school must GEORGE KATSAROS the 21st century. H.R. 449 is based on the meet to receive preference. findings and recommendations to the Con- The Secretary, however, is by no means HON. MICHAEL BILIRAKIS gress found in both reports. These reports in- limited to the GAO's findings. H.R. 449 was OF FLORIDA clude: First the General Accounting Office's designed to give the Department of Health IN THE HOUSE OF REPRESENTATIVES [GAO] October 1994 report to congressional and Human Services the authority to shift the requesters entitled ``Medical Education: Cur- current trends in medical education to meet Wednesday, January 11, 1995 riculum and Financing Strategies, Need to En- existing and future needs. It does this by giv- Mr. BILIRAKIS. Mr. Speaker, we owe a courage Primary Care,'' and second, the ing preference, or awarding grants and con- great debt of gratitude to those ancient Greeks Council On Graduate Medical Education's tracts to schools which have designed curricu- who forged the notion of democracy and thus [COGME] fourth report to Congress and the lum that has been proven to increase primary gave us a blueprint for our own democratic Department of Health and Human Services care. The Traficant bill, however, by no means heritage. We owe another debt of gratitude to entitled ``Recommendations to Improve Access dictates, to the administering agency or medi- a man who has been called the greatest to Health Care Through Physician Workforce cal schools, the best way to achieve the de- Greek folk song composer and singer of the Reform.'' sired results. The Traficant bill, in fact, follows 20th century. It is that man, my good friend At this time, I would like to briefly summa- the intent of language of the Public Health George Katsaros, for whom I rise today to pay rize the GAO's findings. Medical career deci- Service Amendments of 1992, which was tribute. sions are usually made at three specific times passed only by this body. It is my hope that Ironically, it was the promise of opportunity during a student's education: First, at the end HHS, as the expert agency on this issue, in inherent in democracy that beckoned George of college when students typically apply to consultation with medical schools, GAO, and to this country from the island of Amorgos in medical school, second, during the fourth year COGME, will attain the health care and physi- 1913 at the age of 25. Stepping off a steam- of medical school when students choose the cian workforce needs of the 21st century. ship at New York Harbor with all his belong- area of medicine to pursue and enter resi- If you support improved access to services ings in one hand and his guitar in the other, dency training, and third, at the end of resi- and lower health care costs, I urge you to co- George Katsaros began a musical career that dency training when residents decide to enter sponsor H.R. 449, the Primary Care Education continues even today. Within hours of his ar- practice or to train further for a subspecialty. Act. rival he was accompanying a Salvation Army H.R. 449 attempts to encourage primary care f street band and was invited to stay on. Now, as a career choice at all points in a student's more than 80 years later, his strong, nostalgic, academic career. NUCLEAR WASTE POLICY mellow voice and unique style on the guitar The choice of career paths in medicine were REASSESSMENT ACT have been heard in every corner of the world: found to be significantly influenced by the cur- in ballrooms, hotel clubs, coffeehouses, con- riculum and training opportunities students re- HON. BARBARA F. VUCANOVICH cert halls, steamships, private yachtsÐany- ceive during their medical education. Foremost OF NEVADA where people gather to hear their memories among these factors was whether the medical IN THE HOUSE OF REPRESENTATIVES and dreams and experiences put to music and school had a family practice department. Stu- sung from the heart. dents attending schools with family practice Wednesday, January 11, 1995 Katsaros became so popular that in 1919 departments were 57 percent more likely to Mrs. VUCANOVICH. Mr. Speaker, today I'm RCA Victor signed him as a recording artist. pursue primary care than those attending introducing the Nuclear Waste Policy Reas- Contracts with Columbia and Decca followed, E 86 CONGRESSIONAL RECORD — Extensions of Remarks January 11, 1995 and soon many of his compositions became NATIONAL GAMBLING IMPACT movies, clothes, recreation services, or other favorites in Greece and other places where AND POLICY COMMISSION goods or services. Gambling cannibalizes Greek music is played. His popularity grew be- other businesses such as restaurants. For ex- cause people related to his songs about life in HON. FRANK R. WOLF ample, the number of restaurants in Atlantic unfamiliar surroundings and in difficult times; OF VIRGINIA City declined from 243 in 1977, the year after songs about the comfort of family and friends; IN THE HOUSE OF REPRESENTATIVES casinos were legalized, to 146 in 1987. songs about the joy of hopes fulfilled. Wednesday, January 11, 1995 The Commission should make a detailed Now, even in his twilight years, George assessment and review of the political con- Katsaros still composes and performs. At 106 Mr. WOLF. Mr. Speaker, today I am intro- tributions and influence of gambling promoters years of age he is immaculately dressed, his ducing legislation establishing the National on the development of public policy regulating Gambling Impact and Policy Commission. This back straight, his eyes bright with ideas yet to gambling. Proponents of gambling raised blue ribbon panel will be composed of nine be expressed. Accolades, such as his 1990 about $14 million in their losing battle to bring membersÐthree appointed by the Speaker of State of Florida Folk Life Heritage Award, or casino gambling to Florida. Millions in con- the House of Representatives, three appointed his selection as grand marshall of the 1994 tributions are given to lawmakers yearly by by the majority leader of the Senate, and three Tarpon Springs Christmas parade, don't lull gambling interests. In my own State of Vir- him into inactivity; they inspire him to continue appointed by the President of the United States. One of the appointees should be a ginia, ten casino industry groups spent on. $317,000 lobbying Virginia's legislators to roll Steve Frangos, in his 1992 study of the State Governor. America is on a gambling binge. The ques- the dice and bet on casino or riverboat gam- international Greek entertainment industry, bling. Gambling interest's role in the formation noted that Katsaros merits recognition on a tion facing this commission will be: are we trading long-term economic growth and pros- of public policy is important because a recent national level ``for his singular contributions not perity for short-term gain? Gambling is one of study notes that most economic impact state- only to the ongoing development of Greek the fastest growing industries in the nation and ments about gambling overwhelmingly are music but as one of the finest proponents of is becoming America's pastime. In 1993, written from the gambling proponents perspec- traditional ethnic music ever to perform in Americans made more trips to casinos than tive. America.'' I am proud to call him a fellow they did to major league ballparks. At the turn The Commission should make a detailed American and a friend. of the century, gambling was prohibited. assessment of the relationship between gam- f Today, however, there are 37 State lotteries, bling and crime. In one report, the Florida De- casinos operate in 23 States, and 95 percent partment of Law Enforcement opposed legaliz- EL REGRESO FOUNDATION of all Americans are expected to live within a ing casino gambling because they indicated 3- or 4-hour drive of a casino by the year ``casinos will result in more Floridians and visi- HON. NYDIA M. VELA´ ZQUEZ 2000. Only two States, Hawaii and Utah, for- tors being robbed, raped, assaulted, and oth- bid wagering. erwise injured.'' Sometimes organized crime is OF NEW YORK Reports indicate that cash-strapped State associated with gambling because of the huge IN THE HOUSE OF REPRESENTATIVES and local governments will continue to author- amounts of cash involved, making it an easy target of money launderers. Drug money, ex- Wednesday, January 11, 1995 ize more gambling operations in the hope that they will be an economic bonanza. Govern- tortion money, and prostitution money are all Ms. VELAÂ ZQUEZ. Mr. Speaker, on Septem- ments often fail to consider, though, that gam- laundered through such operations. ber 23, 1994, I attended the graduation cere- bling can bring on economic problems to their Gambling may on occasion breed political mony for El Regreso Foundation, a bilingual jurisdictions that far outweigh any benefits. corruption. Seventeen South Carolina legisla- drug and alcohol abuse treatment program in Negative impacts on State and local econo- tors were convicted of taking bribes to legalize the Williamsburg, Brooklyn section of my dis- mies, small businesses, and families can no horse and dog track racing. Six Arizona legis- trict. The event was an incredibly moving ex- longer be ignored. Crime and social problems lators pleaded guilty in 1990 for accepting perience filled with tears and applause. The related to gambling could add to already over- bribes on a bill to legalize casino gambling. feeling of hope overcoming pain and abuse burdened criminal justice and social welfare Seven Kentucky legislators pleaded guilty of permeated the evening's festivities. systems. This is an issue of national economic bribery for the same. In 1990, a former West Overcoming the greatest odds and barriers, importance, and I believe the new Congress Virginia Governor pleaded guilty to taking a these graduates literally received a new lease should examine it closely over the coming bribe from racing interests. In 1994, a West on life, a life formerly plagued with violence, months. Virginia lottery director was sentenced to Fed- crime, and drug use. The Commission established by this legisla- eral prison for rigging a video lottery contract. This graduation was a perfect example of tion will conduct a comprehensive legal and Because of crime associated with casino the ability of our people to take hold of their factual study of gambling in the United States. gambling, regulatory agencies in New Jersey lives and turn them around, to be able to look I will outline some of the specific matters to be spend over $59 million annually to monitor the into their selves and recognize that they do studied and some examples of why they city's casinos. In 1992, the Wall Street Journal not want to become another statistic. should be studied. reported that since 1976, Atlantic City's police Events such as this one at El Regreso, are The Commission should review the costs budget has tripled to $24 million while the an inspiration to us all. They are of extreme and effectiveness of State and Federal gam- local population has decreased 20 percent. importance to communities such as Williams- bling regulatory policy, including whether In- During the first 3 years of casino gambling, At- burg, which struggle daily for sources of hope. dian gaming should be regulated by States as lantic City went from 50th in the Nation in per And while the media bombards us daily with well as the Federal Government. Indian gam- capital crime to 1st. Overall, from 1977 to stories of violence, crime, and despair, these bling accounts for about 5 percent of all ca- 1990, the crime rate in that city rose by an in- and other success stories go unnoticed. sino gambling and that figure is growing at an credible 230 percent. Organized criminal activ- Success stories such as the one of Carlos extraordinary rate. Unlike New Jersey and Ne- ity is so pervasive that the American Insur- Pagan. He too overcame heavy drug use and vada which has extremely costly, mature, and ance Institute estimates that 40 percent of all a hard street life, to become the founder and effective regulatory structures, the Federal ef- white collar crime is gambling related. executive director of El Regreso. He is now a fort to regulate Indian gaming to prevent the The Commission should also study the im- source of inspiration to untold numbers of men infiltration of organized crime is scanty at best. pact of pathological, or problem gambling on and women who go through El Regreso's Pro- There are less than 30 staff persons to regu- individuals, families, social institutions, criminal gram, and a bright beacon of light illuminating late Indian gaming operations throughout the activity, and the economy. Gambling social the dark waters of addiction. country. The Commission should recommend costs include direct regulatory costs, lost pro- In closing, I salute Carlos Pagan and the whether or not Indian gaming should be regu- ductivity costs, direct crime costs, as well as staff of El Regreso for reminding our commu- lated by the States. harder-to-price costs such as suicide, and nity that the best weapons against poverty, The Commission should examine the eco- family disintegration. Various studies indicate discrimination and even fear are not the es- nomic impact of gambling on other busi- that the mean gambling-related debt of people capes offered by powerful hallucigenics. The nesses. As gambling proliferates, job-creating in compulsive gambling therapy ranged from best weapons against these enemies are the wealth is shifted from savings and investment about $53,000 to $92,000. Compulsive gam- potency of pride and the power of belief in to gambling which creates no useful product. blers in New Jersey were accumulating an es- themselves. Income spent on gambling is not spent on timated $514 million in yearly debt. January 11, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 87 Pathological gamblers engage in forgery, (f) QUORUM.—A majority of the members of United States district court under the Fed- theft, embezzlement, drug dealing, and prop- the Commission shall constitute a quorum, eral Rules of Civil Procedure for the United erty crimes to pay off gambling debts. They but a lesser number of members may hold States district courts. hearings. (5) SERVICE OF PROCESS.—All process of any are responsible for an estimated $1.3 billion SEC. 4. DUTIES OF THE COMMISSION. court to which application is to be made worth of insurance-related fraud per year (a) STUDY.— under paragraph (3) may be served in the ju- which is borne by the rest of us in the form of (1) IN GENERAL.—It shall be the duty of the dicial district in which the person required increased premiums, deductibles, or Commission to conduct a comprehensive to be served resides or may be found. copayments. legal and factual study of gambling in the (b) INFORMATION FROM FEDERAL AGEN- Teenage gambling is another daunting so- United States and existing Federal, State, CIES.—The Commission may secure directly cial problem. In 1991 New Jersey casino se- and local policy and practices with respect from any Federal department or agency such curity ejected 21,838 persons under the age of to the legalization or prohibition of gam- information as the Commission considers bling activities and to formulate and propose necessary to carry out the provisions of this 21 from casinos, and prevented another such changes in those policies and practices Act. Upon request of the Chairman of the 196,707 from entering. The New Jersey Ca- as the Commission shall deem appropriate. Commission, the head of such department or sino Control Commission regularly reports (2) MATTERS STUDIED.—The matters studied agency shall furnish such information to the 25,000 or more teenagers being stopped at by the Commission shall include— Commission. (A) the economic impact of gambling on the door or ejected from the floors of Atlantic SEC. 6. COMMISSION PERSONNEL MATTERS. the United States, States, political subdivi- City's casinos. One can only guess at how (a) COMPENSATION OF MEMBERS.—Each sions of States, and Native American tribes; many teenagers do get in, gamble, and are member of the Commission who is not an of- (B) the economic impact of gambling on served drinks. Today, research indicates that ficer or employee of the Federal Government other businesses; shall be compensated at a rate equal to the as many as 7 percent of teenagers may be (C) an assessment and review of the politi- daily equivalent of the annual rate of basic addicted to gambling. cal contributions and influence of gambling The Commission should review the demo- businesses and promoters on the develop- pay prescribed for level IV of the Executive graphics of gamblers because studies indicate ment of public policy regulating gambling; Schedule under section 5315 of title 5, United States Code, for each day (including travel a disproportionate number of gamblers are (D) an assessment of the relationship between gambling and crime; time) during which such member is engaged low-income people. in the performance of the duties of the Com- Mr. Speaker, while I am personally opposed (E) an assessment of the impact of pathological, or problem gambling on individuals, mission. All members of the Commission to legalized gambling in Virginia, I am not tak- families, social institutions, criminal activ- who are officers or employees of the United ing a position on whether other States should ity and the economy; States shall serve without compensation in or should not permit gambling. The purpose of (F) a review of the demographics of gam- addition to that received for their services as this legislation is to bring together all the rel- blers; officers or employees of the United States. evant data so that Governors, State legisla- (G) a review of the effectiveness of existing (b) TRAVEL EXPENSES.—The members of practices in law enforcement, judicial ad- the Commission shall be allowed travel ex- tors, and citizens can have the facts they need penses, including per diem in lieu of subsist- to make informed decisions. I invite any inter- ministration, and corrections to combat and deter illegal gambling and illegal activities ence, at rates authorized for employees of ested Members to join me as cosponsors of related to gambling; agencies under subchapter I of chapter 57 of this important legislation. (H) a review of the costs and effectiveness title 5, United States Code, while away from H.R. — of State and Federal gambling regulatory their homes or regular places of business in the performance of services for the Commis- Be it enacted by the Senate and House of Rep- policy, including whether Indian gaming sion. resentatives of the United States of America in should be regulated by States instead of the (c) STAFF.— Congress assembled, Federal Government; and (I) such other relevant issues and topics as (1) IN GENERAL.—The Chairman of the Com- SECTION 1. SHORT TITLE. considered appropriate by the Chairman of mission may, without regard to the civil This Act may be cited as the ‘‘National the Commission. service laws and regulations, appoint and Gambling Impact and Policy Commission (b) REPORT.—No later than three years terminate an executive director and such Act’’. after the Commission first meets, the Com- other additional personnel as may be nec- SEC. 2. ESTABLISHMENT OF COMMISSION. mission shall submit a report to the Presi- essary to enable the Commission to perform There is established a commission to be dent and the Congress which shall contain a its duties. The employment of an executive known as the National Gambling Impact and detailed statement of the findings and con- director shall be subject to confirmation by Policy Commission (in this Act referred to as clusions of the Commission, together with the Commission. the ‘‘Commission’’). its recommendations for such legislation and (2) COMPENSATION.—The executive director SEC. 3. MEMBERSHIP. administrative actions as it considers appro- shall be compensated at the rate payable for level V of the Executive Schedule under sec- (a) NUMBER AND APPOINTMENT.—The Com- priate. tion 5316 of title 5, United States Code. The mission shall be composed of 9 members ap- SEC. 5. POWERS OF THE COMMISSION. Chairman of the Commission may fix the pointed from persons specially qualified by (a) HEARINGS AND SUBPOENAS.— training and experience, of which one should (1) The Commission may hold such hear- compensation of other personnel without re- be a Governor of a State, to perform the du- ings, sit and act at such times and places, gard to the provisions of chapter 51 and sub- ties of the Commission as follows: administer such oaths, take such testimony, chapter III of chapter 53 of title 5, United (1) three appointed by the Speaker of the receive such evidence, and require by sub- States Code, relating to classification of po- House of Representatives; poena the attendance and testimony of such sitions and General Schedule pay rates, ex- (2) three appointed by the majority leader witnesses and the production of such mate- cept that the rate of pay for such personnel of the Senate; and rials as the Commission considers advisable may not exceed the rate payable for level V (3) three appointed by the President of the to carry out the purposes of this Act. of the Executive Schedule under section 5316 of such title. United States. (2) ATTENDANCE OF WITNESSES.—The at- (d) DETAIL OF GOVERNMENT EMPLOYEES.— (b) DESIGNATION OF THE CHAIRMAN.—The tendance of witnesses and the production of Speaker of the House of Representatives and evidence may be required from any place Any Federal Government employee may be majority leader of the Senate shall designate within the United States. detailed to the Commission without reimbursement, and such detail shall be without a Chairman and Vice Chairman from among (3) FAILURE TO OBEY A SUBPOENA.—If a per- the members of the Commission. son refuses to obey a subpoena issues under interruption or loss of civil service status or privilege. (c) PERIOD OF APPOINTMENT; VACANCIES.— paragraph (1), the Commission may apply to ROCUREMENT OF TEMPORARY AND Members shall be appointed for the life of a United States district court for an order (e) P INTERMITTENT SERVICES.—The Chairman of the Commission. Any vacancy in the Com- requiring that person to appear before the the Commission may procure temporary and mission shall not affect its powers, but shall Commission to give testimony, produce evi- intermittent services under section 3109(b) of be filled in the same manner as the original dence, or both, relating to the matter under title 5, United States Code, at rates for indi- appointment. investigation. The application may be made viduals which do not exceed the daily equiva- (d) INITIAL MEETING.—No later than 30 days within the judicial district where the hear- lent of the annual rate of basic pay pre- after the date on which all members of the ing is conducted or where that person is scribed for level V of the Executive Schedule Commission have been appointed, the Com- found, resides, or transacts business. Any under section 5316 of such title. mission shall hold its first meeting as di- failure to obey the order of the court may be rected by the President. punished by the court as civil contempt. SEC. 7. TERMINATION OF THE COMMISSION. (e) MEETINGS.—After the initial meeting, (4) SERVICE OF SUBPOENAS.—The subpoenas The Commission shall terminate 30 days the Commission shall meet at the call of the of the Commission shall be served in the after the date on which the Commission sub- Chairman. manner provided for subpoenas issued by a mits its report under section 4. E 88 CONGRESSIONAL RECORD — Extensions of Remarks January 11, 1995 TRIBUTE TO THE HERITAGE trict that continually produces outstanding of the Interstate law. The savings clause en- SCHOOL OF NEWNAN, GA, ON young individuals. I ask my colleagues to join sured that a bank’s ability to collect all THE OCCASION OF ITS 25TH AN- me today in recognizing the achievements of lending charges was not affected by other NIVERSARY the Heritage School on its 25th anniversary provisions of the interstate law (such as the applicable law provision). The savings clause and encourage this institution to continue to preserves the pre-existing lending authority HON. MAC COLLINS uphold what has become the standard for aca- of banks to collect all lending charges in ac- OF GEORGIA demic excellence in Georgia. cordance with home state law, without re- IN THE HOUSE OF REPRESENTATIVES f gard to the changes in branching authority Wednesday, January 11, 1995 made by the interstate law. MAZAIKA VERSUS BANK ONE It is always frustrating when courts fail to Mr. COLLINS of Georgia. Mr. Speaker, it COLUMBUS, N.A. interpret correctly the plain meaning of the gives me great pleasure to rise today and pay laws we enact. This is particularly troubling tribute to an outstanding educational institution HON. ROBERT W. NEY in this case. We therefore would appreciate your assistance in clarifying the legislative located in Georgia's Third Congressional Dis- OF OHIO trict. On November 22, the Heritage School of intent regarding this matter. IN THE HOUSE OF REPRESENTATIVES Very truly yours, Newnan, GA, celebrated its 25th anniversary. Wednesday, January 11, 1995 DEBORAH PRYCE. The Heritage School was founded in 1970 ROBERT NEY. to create an outstanding educational alter- Mr. NEY. Mr. Speaker, for the information of native for the families of Newnan and the sur- my colleagues I am entering into the RECORD f the following letter to Mr. Leach, chairman of rounding areas. Renowned for its emphasis on WELCOME TO HON. FRANKLIN A. family involvement in the educational process, the House Banking and Financial Services Committee regarding the Mazaika v. Bank SONN, AMBASSADOR FROM the Heritage School prospers through intense SOUTH AFRICA communication between teachers, students, One Columbus, N.A., No. 00231 (PA Superior and parents. In fact, the parent conferences at Court 1994) decision: the Heritage School are led by the students. HOUSE OF REPRESENTATIVES, HON. BENJAMIN L. CARDIN This highly innovative method allows students January 10, 1995. OF MARYLAND Congressman JIM LEACH, to analyze their scholastic progress, outline IN THE HOUSE OF REPRESENTATIVES areas needing improvement, and share with Chairman, House Banking and Financial Serv- ices Committee, Rayburn House Office Wednesday, January 11, 1995 both parent and teacher the steps that will be Building, Washington, DC. used to achieve the goal. DEAR JIM: Last month, the Pennsylvania Mr. CARDIN. Mr. Speaker, I rise today to Stressing personal growth as well as aca- Superior Court issued a decision interpreting welcome the Honorable Franklin A. Sonn as demic excellence is evident in the Heritage important provisions of the Riegle-Neal the new Ambassador from South Africa to the School's Bigs/Littles program. This program is Interstate Banking and Branching Act of United States. On Thursday, January 12, designed to foster social and academic rela- 1994—provisions that our colleagues worked 1995, Ambassador Sonn, in his first major tionships between the students ranging from on together during the 103rd Congress. U.S. speech, will address the Beth Tfiloh Con- age 3 to 18. The Bigs/Littles program provides The case that we are referring to, as you gregation in Baltimore. know, is the Mazaika v. Bank One Columbus, younger students an opportunity to have older, N.A. No. 00231 (PA Superior Court 1994) deci- Ambassador Sonn, a leading South African more experienced students as role models. In sion. In a 6 to 3 decision, the Pennsylvania educator and businessman who was ap- turn, older students have a sense of duty to Superior Court determined that a national pointed by President Nelson Mandela, is inter- look after the well-being of their little friends. bank located in Ohio was not authorized by ested in promoting greater opportunities for The Bigs/Littles program at the Heritage Section 85 of the National Bank Act to col- partnerships between the United States and School fosters respect, trust, and friendship lect certain credit-card charges from Penn- South Africa. I believe it is vital that the United throughout the students' lives. sylvania residents. This holding conflicts States continue to offer economic develop- The Heritage School prepares students for with the conclusions reached by many other ment opportunities for South African and Unit- courts across the country and the clear legis- success in college and life by encouraging lative intent. These other courts have held, ed States businesses. Without economic sta- and demanding academic excellence. The fact based on decisions of the United States Su- bility, President Mandela will have great dif- that 98 percent of the Heritage School grad- preme Court and other authorities (including ficulty in accomplishing his goal of building a uates attend college, and 92 percent of those opinions by the federal bank regulators), new future for all South Africans. graduate from college with their entering class, that a national bank may collect credit card South Africa and President Mandela have illustrates the success of this educational insti- charges from borrowers, no matter where made enormous strides in focusing on human tution. they live, as long as the charges are legal in rights issues and the economic needs of The success of the Heritage School is deep- the national bank’s home state. South Africans. Ambassador Sonn will discuss We believe that the Mazaika court made ly rooted in its three-part educational philoso- two fundamental errors in its interpretation President Mandela's plans for a new South Af- phy. First, students must become involved and of the Riegle-Neal Interstate Banking and rica, including housing, education, economic develop a strong desire to participate in their Branching Act of 1994. The court found that development, and racial harmony. own education and in the life of their school. the ‘‘applicable law’’ provision in the inter- This address is being coordinated by the Then, students need to experience genuine state law applied, even though that provision International Commission of Community and success in an academic area or activity. Fi- is applicable only when a bank actually has Volunteer Services of B'nai B'rith in coopera- nally, students are encouraged to strive to- branches in a second state. This provision tion with the black and Jewish organization the ward excellence, develop the ability to tap has no bearing on or relevance to the facts in BLEWS. the Mazaika case because, in that case, no their deepest personal resources, and interact branching by the Ohio bank into Pennsylva- I hope that my colleagues also join my fel- meaningfully with others. nia is involved. low Baltimoreans and me in welcoming Am- Mr. Speaker, at a time when the education The Mazaika court also ignored the provi- bassador Sonn and in extending best wishes of America's youth is under constant attack, I sion in the interstate law that actually is to him as he begins his assignment in the am honored to have an institution in my dis- relevant, the ‘‘savings clause’’ in Section 111 United States. January 11, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 89 SENATE COMMITTEE MEETINGS on Monday and Wednesday of each JANUARY 25 Title IV of Senate Resolution 4, week. 9:30 a.m. agreed to by the Senate on February 4, Meetings scheduled for Thursday, Rules and Administration 1977, calls for establishment of a sys- January 12, 1995, may be found in the Business meeting, to mark up proposed tem for a computerized schedule of all Daily Digest of today’s RECORD. legislation authorizing biennial expenditures by standing, select, and spe- meetings and hearings of Senate com- MEETINGS SCHEDULED cial committees of the Senate, and to mittees, subcommittees, joint commit- consider other pending legislative and tees, and committees of conference. JANUARY 18 administrative business. This title requires all such committees 9:30 a.m. SR–301 to notify the Office of the Senate Daily Rules and Administration Digest—designated by the Rules Com- To hold hearings on proposed committee mittee—of the time, place, and purpose resolutions requesting funds for operat- POSTPONEMENTS of the meetings, when scheduled, and ing expenses for 1995 and 1996. SR–301 any cancellations or changes in the JANUARY 19 meetings as they occur. JANUARY 19 9:30 a.m. As an additional procedure along Indian Affairs with the computerization of this infor- 9:30 a.m. Rules and Administration To hold oversight hearings to review mation, the Office of the Senate Daily To continue hearings on proposed com- structure and funding issues of the Bu- Digest will prepare this information for mittee resolutions requesting funds for reau of Indian Affairs. printing in the Extensions of Remarks operating expenses for 1995 and 1996. SR–485 section of the CONGRESSIONAL RECORD SR–301 Wednesday, January 11, 1995 Daily Digest

HIGHLIGHTS Senate passed Congressional Accountability Act. House committee ordered reported Balanced Budget Amendment. Senate pointments to a Senate Committee under Paragraph Chamber Action 3(c) of Rule XXV of the Standing Rules of the Sen- Routine Proceedings, pages S749–S818 ate for the One Hundred and Fourth Congress. Measures Introduced: 18 bills and 10 resolutions Page S781 were introduced, as follows: S. 191–208, and S. Res. Majority Committee Appointments: Senate 38–47. Pages S789±90 agreed to S. Res. 46, making majority party appoint- Measures Reported: Reports were made as follows: ments to the Ethics Committee for the 104th Con- S. Res. 38, authorizing expenditures by the Com- gress. Page S781 mittee on Appropriations. Committee Chairpersons: Senate agreed to S. Res. S. Res. 39, authorizing expenditures by the Com- 47, designating the Chairpersons of Senate commit- mittee on Energy and Natural Resources. tees for the 104th Congress. Pages S781±82 S. Res. 40, authorizing expenditures by the Com- mittee on Indian Affairs. Appointments: S. Res. 41, authorizing expenditures by the Com- Select Committee on Indian Affairs: The Chair, mittee on Foreign Relations. on behalf of the Vice President, and upon the rec- S. Res. 43, authorizing expenditures by the Select ommendation of the Majority Leader, pursuant to S. Committee on Intelligence. Res. 4 (95th Congress), S. Res. 448 (96th Congress), S. Res. 45, authorizing expenditures by the Com- S. Res. 127 (98th Congress), and S. Res. 100, 101st mittee on Governmental Affairs. Pages S806±10 Congress, appointed the following Senators as the Measures Passed: majority membership of the Select Committee on In- dian Affairs: Senators McCain, Murkowski, Gorton, Congressional Accountability Act: By 98 yeas to Domenici, Kassebaum, Nickles, Thomas, Hatch, and 1 nay (Vote No. 14), Senate passed S. 2, to make Coverdell. Page S781 certain laws applicable to the legislative branch of the Federal Government, after taking action of Nominations Received: Senate received the follow- amendments proposed thereto, as follows: ing nominations: Pages S756±80 Lacy H. Thornburg, of North Carolina, to be U.S. Adopted: District Judge for the Western District of North Grassley/Glenn Amendment No. 16, to make Carolina. technical corrections. Pages S764±65 John D. Snodgrass, of Alabama, to be U.S. Dis- Rejected: trict Judge for the Northern District of Alabama. Lautenberg Amendment No. 15, to reduce the Sidney H. Stein, of New York, to be U.S. District pay of Members of Congress by the same percentage Judge for the Southern District of New York. as other spending is reduced in any sequester caused Thadd Heartfield, of Texas, to be U.S. District by failure of Congress to meet budget limitations on Judge for the Eastern District of Texas. spending or the budget deficit. (By 61 yeas to 38 David Folsom, of Texas, to be U.S. District Judge nays (Vote No. 13), Senate tabled the amendment.) for the Eastern District of Texas. Pages S756±65 Sandra L. Lynch, of Massachusetts, to be U.S. Cir- Minority Committee Appointments: Senate cuit Judge for the First Circuit. Page S818 agreed to S. Res. 42, to make minority party ap- Messages From the House: Page S782 D 31 D 32 CONGRESSIONAL RECORD — DAILY DIGEST January 11, 1995

Measures Placed on Calendar: Pages S782, S816 Gregg, Shelby, Leahy, Inouye, Lautenberg, Harkin, Communications: Page S782 Mikulski, and Murray. Subcommittee on the Interior: Senators Gorton (Chair- Statements on Introduced Bills: Pages S790±S806 man), Stevens, Cochran, Domenici, Hatfield, Burns, Additional Cosponsors: Page S806 Bennett, Mack, Byrd, Johnston, Leahy, Bumpers, Amendments Submitted: Pages S810±11 Hollings, Reid, and Murray. Subcommittee on Labor, Health and Human Services, Notices of Hearings: Page S811 Education: Senators Specter (Chairman), Hatfield, Authority for Committees: Page S811 Cochran, Gorton, Mack, Bond, Jeffords, Gregg, Har- Additional Statements: Pages S812±16 kin, Byrd, Hollings, Inouye, Bumpers, Reid, and Kohl. Record Votes: Two record votes were taken today. Subcommittee on the Legislative Branch: Senators (Total—14) Pages S765, S767 Mack (Chairman), Bennett, Jeffords, Murray, and Recess: Senate convened at 12 noon, and recessed at Mikulski. 7:17 p.m., until 9 a.m., on Thursday, January 12, Subcommittee on Military Construction: Senators 1995. (For Senate’s program, see the remarks of the Burns (Chairman), Stevens, Shelby, Gregg, Reid, Acting Majority Leader in today’s RECORD on pages Inouye, and Kohl. S812 and S816.) Subcommittee on Transportation: Senators Hatfield (Chairman), Domenici, Specter, Gramm, Gorton, Bond, Lautenberg, Byrd, Harkin, Mikulski, and Committee Meetings Reid. Subcommittee on the Treasury, Postal Service, General (Committees not listed did not meet) Government: Senators Shelby (Chairman), Jeffords, Gregg, Kerrey, and Mikulski. ORGANIZATIONAL MEETING Subcommittee on VA—HUD—Independent Agencies: Committee on Appropriations: Committee ordered favor- Senators Bond (Chairman), Gramm, Burns, Stevens, ably reported an original resolution (S. Res. 38) re- Shelby, Bennett, Mikulski, Leahy, Johnston, Lauten- questing $4,823,586 for operating expenses for the berg, and Kerrey. period from March 1, 1995, through February 28, ORGANIZATIONAL MEETING 1996, and $4,931,401 for operating expenses for the period from March 1, 1996, through February 29, Committee on Energy and Natural Resources: Committee 1997. ordered favorably reported an original resolution (S. Also, committee adopted its rules of procedure for Res. 39), requesting $2,678,348 for operating ex- the 104th Congress, and announced the following penses for the period from March 1, 1995, through subcommittee assignments: February 28, 1996, and $2,739,487 for operating ex- Subcommittee on Agriculture, Rural Development, and penses for the period from March 1, 1996, through Related Agencies: Senators Cochran (Chairman), Spec- February 29, 1997. ter, Bond, Gorton, McConnell, Burns, Bumpers, Also, committee adopted its rules of procedure for Harkin, Kerrey, Johnston, and Kohl. the 104th Congress. Subcommittee on Commerce, Justice, State, and Judici- ORGANIZATIONAL MEETING ary: Senators Gramm (Chairman), Stevens, Hatfield, Committee on Foreign Relations: Committee ordered fa- Domenici, McConnell, Gregg, Hollings, Inouye, vorably reported an original resolution (S. Res. 41) Bumpers, Lautenberg, and Kerrey. requesting $2,719,280 for operating expenses for the Subcommittee on Defense: Senators Stevens (Chair- period from March 1, 1995, through February 28, man), Cochran, Specter, Domenici, Gramm, Bond, 1996, and $2,782,054 for operating expenses for the McConnell, Mack, Shelby, Inouye, Hollings, John- period from March 1, 1996, through February 29, ston, Byrd, Leahy, Bumpers, Lautenberg, and Har- 1997. kin. Also, committee adopted its rules of procedure for Subcommittee on the District of Columbia: Senators the 104th Congress. Jeffords (Chairman), Bennett, and Kohl. Subcommittee on Energy and Water Development: Sen- COMMITTEE BUDGET ators Domenici (Chairman), Hatfield, Cochran, Gor- Committee on Governmental Affairs: Committee ap- ton, McConnell, Bennett, Burns, Johnston, Byrd, proved for reporting an original resolution (S. Res. Hollings, Reid, Kerrey, and Murray. 45) requesting $4,515,333 for operating expenses for Subcommittee on Foreign Operations: Senators McCon- the period from March 1, 1995, through February nell (Chairman), Specter, Mack, Gramm, Jeffords, 28, 1996, and $4,618,593 for operating expenses for January 11, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 33 the period from March 1, 1996, through February and $1,144,004 for operating expenses for the period 29, 1997. from March 1, 1996, through February 29, 1997. Also, committee adopted its rules of procedure for FEDERAL JOB TRAINING PROGRAMS the 104th Congress. Committee on Labor and Human Resources: Committee ORGANIZATIONAL MEETING continued hearings to examine the effectiveness of the Federal employment training system in helping Committee on Indian Affairs: Committee ordered favor- reduce long-term welfare dependence, receiving testi- ably reported an original resolution (S. Res. 40), re- mony from Ray O. Worden, New Hampshire Job questing $1,056,916 for operating expenses for the Training Council, Concord; Debra R. Bowland, Ohio period from March 1, 1995, through February 28, Bureau of Employment Services, Columbus; Rodo 1996, and $1,079,534 for operating expenses for the Sofranac, Arizona Job Training Coordinating Coun- period from March 1, 1996, through February 29, cil, Phoenix, on behalf of the National Association 1997. of State Work Force Investment Policy Council; Also, committee approved Senator McCain as Jerry R. Junkins, Texas Instruments Incorporated, Chairman and Senator Inouye as Vice Chairman, and Dallas; Thomas Joyce, Landoll Corporation, adopted its rules of procedure for the 104th Con- Marysville, Kansas; and Robert McGlotten, gress. AFL–CIO, Washington, D.C. COMMITTEE BUDGET Hearings continue tomorrow. Select Committee on Intelligence: Committee ordered favorably reported an original resolution (S. Res. 43) ORGANIZATIONAL MEETING requesting $2,228,666 for operating expenses for the Committee on Small Business: Committee ordered favor- period from March 1, 1995, through February 28, ably reported an original resolution requesting 1996, and $2,280,704 for operating expenses for the $1,118,742 for operating expenses for the period period from March 1, 1996, through February 29, from March 1, 1995, through February 28, 1996, 1997. h House of Representatives petitiveness in H. Res. 12 adopted on January 4, Chamber Action 1995, be to the Committee on Science. Bills Introduced: 36 public bills, H.R. 462–497 1 Pages H181±82, H218 private bill, H.R. 498; and 7 resolutions, H.J. Res. Joint Committee on Taxation: Read a letter from 50–53, and H. Res. 32–34 were introduced. the chairman of the Committee on Ways and Means Pages H229±31 wherein he designates the following Members to Report Filed: The following report was filed subse- serve on the Joint Committee on Taxation: Rep- quent to the sine die adjournment of the One Hun- resentatives Archer, Crane, Thomas of California, dred Third Congress: Gibbons, and Rangel. Page H182 Report entitled ‘‘Survey of Activities of the House Quorum Calls—Votes: No quorum calls or votes Committee on Rules, 103d Congress’’ (H. Rept. developed during the proceedings of the House 103–891, filed on January 2). Page H229 today. Committee Elections: House agreed to the follow- Adjournment: Met at 11 a.m. and adjourned at ing resolutions electing Members to certain standing 3:40 p.m. committees of the House: H. Res. 32, designating minority membership of the Committee on House Oversight; and Committee Meetings H. Res. 34, designating minority membership of the Committee on Rules. COMMITTEE ORGANIZATION Subsequently, it was made in order that any ref- Committee on Agriculture: Met for organizational pur- erences to the Committee on Technology and Com- poses. D 34 CONGRESSIONAL RECORD — DAILY DIGEST January 11, 1995 INTERIOR APPROPRIATIONS UNFUNDED MANDATE REFORM ACT Committee on Appropriations: Subcommittee on Interior Committee on Rules: Held a hearing on H.R. 5, Un- and Related Agencies held a hearing on Citizens funded Mandate Reform Act of 1995. Testimony Against Government Waste, the Heritage Founda- was heard from Representatives Clinger, Portman, tion, and CATO. Testimony was heard from public Davis, and Condit; and public witnesses. witnesses. COMMITTEE ORGANIZATION LABOR—HHS—EDUCATION AND RELATED Committee on Small Business: Met for organizational AGENCIES APPROPRIATIONS purposes. Committee on Appropriations: Subcommittee on Labor, COMMITTEE ORGANIZATION Health and Human Services, Education and Related Committee on Veterans’ Affairs: Met for organizational Agencies met to receive technical briefings by the purposes. Department of Education and Department of Labor. The subcommittee was briefed by Sally H. CONTRACT WITH AMERICA Christensen, Deputy Assistant Secretary, Budget, Of- Committee on Ways and Means: Continued hearings on fice of the Under Secretary, Department of Edu- proposals contained in the Contract with America. cation; and James E. McMullen, Director, Office of Testimony was heard from public witnesses. Budget, Department of Labor. Hearings continue tomorrow. TRANSPORTATION AND RELATED f AGENCIES APPROPRIATIONS COMMITTEE MEETINGS FOR THURSDAY, Committee on Appropriations: Subcommittee on Trans- JANUARY 12, 1995 portation and Related Agencies held a hearing on (Committee meetings are open unless otherwise indicated) Department of Transportation/GAO. Testimony was heard from Kenneth M. Mead, Director, Transpor- Senate tation Issues, Resources, Community, and Economic Committee on Agriculture, Nutrition, and Forestry, organi- Development Division, GAO; and the following offi- zational meeting to consider committee business, 10 a.m., cials of the Department of Transportation: A. Mary SR–332. Schiavo, Inspector General; and Louise Frankell Stoll, Committee on Armed Services, closed briefing on the cur- Assistant Secretary, Budget and Programs. rent situation in Bosnia, 9:30 a.m., SR–222. Committee on Commerce, Science, and Transportation, orga- FEDERAL ROLE IN WORK PLACE POLICY nizational meeting to consider committee business, 9:30 a.m., SR–253. Committee on Economic and Educational Opportunities: Full Committee, to hold oversight hearings to examine Held a hearing on the Federal Role in Work Place aviation safety issues, 2 p.m., SR–253. Policy. Testimony was heard from Robert B. Reich, Committee on Environment and Public Works, organiza- Secretary of Labor; Lynn Martin, former Secretary of tional meeting to consider committee rules of procedure Labor; and a public witness. and committee budget for the 104th Congress, 10:30 a.m., SD–406. COMMITTEE ORGANIZATION Committee on Foreign Relations, Subcommittee on Euro- Committee on House Oversight: Met for organizational pean Affairs, closed briefing on Serbian sanctions, 4:15 p.m., S–116, Capitol. purposes. Committee on Governmental Affairs, to hold joint hearings The Chairman introduced the following officers of with the House Committee on Government Reform and the House to the committee: Robin H. Carle, Clerk; Oversight on H.R. 2, to give the President line item veto Wilson S. Livingood, Sergeant at Arms; Scott M. authority over appropriation Acts and targeted tax bene- Faulkner, Chief Administrative Officer; and Rev. fits in revenue Acts, 10 a.m., 2154 Rayburn Building. James David Ford, Chaplain. Committee on the Judiciary, organizational meeting to consider its rules of procedure for the 104th Congress, BALANCED BUDGET AMENDMENT subcommittee membership, and committee funding reso- Committee on the Judiciary: Ordered reported amended lution, 10 a.m., SD–226. H.J. Res. 1, proposing a balanced budget amend- Committee on Labor and Human Resources, to continue hearings to examine Federal job training programs, 9 ment to the Constitution. a.m., SD–430. COMMITTEE ORGANIZATION Committee on Rules and Administration, organizational meeting to consider committee’s rules of procedure for Committee on Resources: Met for organizational pur- the 104th Congress and pending business, 9:30 a.m., poses. SR–301. January 11, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 35 NOTICE Committee on Economic and Educational Opportunities, hearing on the Federal Role in Education Policy, 9:30 a.m., For a listing of Senate committee meetings sched- 2175 Rayburn. uled ahead, see pages E89 in today’s RECORD. Committee on International Relations, hearing on Evaluat- ing U.S. Foreign Policy, 10 a.m., 2172 Rayburn. House Committee on Rules, to mark up H.R. 5, Unfunded Man- Committee on Appropriations, Subcommittee on Depart- date Reform Act of 1995, 10 a.m., H–313 Capitol. ment of Labor, Health and Human Services, Education Committee on Ways and Means, to continue hearings on and Related Agencies, to receive a technical briefing by proposals contained in the Contract with America, 10 the Department of Health and Human Services, 10 a.m., a.m., 1100 Longworth. and a hearing on the Secretary of Department of Health Subcommittee on Oversight, to hold an organizational and Human Services—Downsizing, 2 p.m., 2358 Ray- meeting, 8:30 a.m., 1129 Longworth. burn. Joint Meetings Committee on Banking and Financial Services, to hold an organizational meeting, 10 a.m., 2128 Rayburn. Joint Hearing: Senate Committee on Governmental Af- Committee on Commerce, oversight hearing on Develop- fairs, to hold joint hearings with the House Committee ments in Municipal Finance Disclosure, 9:30 a.m., 2123 on Government Reform and Oversight on H.R. 2, to give Rayburn. the President line item veto authority over appropriation Acts and targeted tax benefits in revenue Acts, 10 a.m., 2154 Rayburn Building. D 36 CONGRESSIONAL RECORD — DAILY DIGEST January 11, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Thursday, January 12 10 a.m., Friday, January 13

Senate Chamber House Chamber Program for Thursday: After the recognition of four Program for Friday: No legislative business is sched- Senators for speeches and the transaction of any morning uled. business (not to extend beyond 10:30 a.m.), Senate will consider S. 1, Unfunded Mandates.

Extensions of Remarks, as inserted in this issue

HOUSE Gephardt, Richard A., Mo., E76 Quinn, Jack, N.Y., E82 Gilman, Benjamin A., N.Y., E72, E79 Schumer, Charles E., N.Y., E82 Bilirakis, Michael, Fla., E85 Johnson, Nancy L., Conn., E76 Shuster, Bud, Pa., E84 Burton, Dan, Ind., E80 Kaptur, Marcy, Ohio, E76 Solomon, Gerald B.H., N.Y., E81 Cardin, Benjamin L., Md., E88 Kim, Jay, Calif., E80 Stark, Fortney Pete, Calif., E84 Collins, Mac, Ga., E88 Lazio, Rick, N.Y., E81 Traficant, James A., Jr., Ohio, E71, E74, E77, E80, E85 Duncan, John J., Jr., Tenn., E79 Levin, Sander M., Mich., E72, E77 Upton, Fred, Mich., E71 Eshoo, Anna G., Calif., E75 Lipinski, William O., Ill., E83 Vela´ zquez, Nydia M., N.Y., E86 Filner, Bob, Calif., E84 McCollum, Bill, Fla., E83 Vucanovich, Barbara F., Nev., E85 Foglietta, Thomas M., Pa., E72, E76 Maloney, Carolyn B., N.Y., E83 Walsh, James T., N.Y., E74, E84 Forbes, Michael P., N.Y., E77 Ney, Robert W., Ohio, E88 Wolf, Frank R., Va., E86 Frank, Barney, Mass., E82 Orton, Bill, Utah, E74, E78 Gallegly, Elton, Calif., E83 Packard, Ron, Calif., E80

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