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

Vol. 142 WASHINGTON, MONDAY, MAY 6, 1996 No. 61 House of Representatives

The House met at 2 p.m. Chattahoochee Compact between the States bers of the Senate delegation to the The Chaplain, Rev. James David of Alabama and Georgia; and Canada-United States Interparliamen- Ford, D.D., offered the following pray- H.R. 2243. An act to amend the Trinity tary Group during the 2d Session of the River Basin Fish and Wildlife Management er: Act of 1984, to extend for three years the 104th Congress, to be held in southeast We pray, gracious God, that You availability of moneys for the restoration of Alaska, May 10–14, 1996. would watch over us and keep us in fish and wildlife in the Trinity River, and for The message also announced that Your favor, that You would support us other purposes. pursuant to sections 276h–276k of title in our obligations and direct us in the The message also announced that the 22, United States Code, as amended, the right path, that You would sustain us Senate had passed with amendments in Chair, on behalf of the Vice President, in our endeavors and point us to the which the concurrence of the House is appoints Mr. MURKOWSKI, Mr. BROWN, way of truth. O loving God, from whom requested, bills of the House of the fol- and Mr. COVERDELL, as members of the we have come and to whom we shall re- lowing titles: Senate delegation to the Mexico-Unit- turn, may Your peace that passes all H.R. 1743. An act to amend the Water Re- ed States Interparliamentary Group human understanding abound in our sources Research Act of 1984 to extend the during the 2d Session of the 104th Con- lives. Though we may depart from You, authorizations of appropriations through fis- gress, to be held in Zacatecas, Mexico, O God, may Your grace and mercy cal year 2000, and for other purposes; and May 3–5, 1996. H.R. 1836. An act to authorize the Sec- never depart from us. This is our ear- f nest prayer. Amen. retary of the Interior to acquire property in the town of East Hampton, Suffolk County, f New York, for inclusion in the Amagansett COMMUNICATION FROM THE THE JOURNAL National Wildlife Refuge. CLERK OF THE HOUSE The message also announced that the The SPEAKER laid before the House The SPEAKER. The Chair has exam- Senate had passed bills of the following ined the Journal of the last day’s pro- the following communication from the titles, in which the concurrence of the Clerk of the House of Representatives: ceedings and announces to the House House is requested: his approval thereof. OFFICE OF THE CLERK, S. 811. An act to authorize research into HOUSE OF REPRESENTATIVES, Pursuant to clause 1, rule I, the Jour- the desalinization and reclamation of water nal stands approved. Washington, DC, May 2, 1996. and authorize a program for States, cities, or Hon. NEWT GINGRICH, f qualifying agencies desiring to own and oper- Speaker, House of Representatives. ate a water desalinization or reclamation fa- PLEDGE OF ALLEGIANCE DEAR MR. SPEAKER: Pursuant to the per- cility to develop such facilities, and for mission granted in Clause 5 of Rule III of the The SPEAKER. Will the gentleman other purposes; and Rules of the U.S. House of Representatives, I from North Carolina [Mr. BALLENGER] S. 1720. An act to establish the Nicodemus have the honor to transmit a sealed envelope come forward and lead the House in the National Historic Site and the New Bedford received from the White House on Thursday, National Historic Landmark. Pledge of Allegiance. May 2nd at 4:15 p.m. and said to contain a Mr. BALLENGER led the Pledge of The message also announced that the message from the President wherein he re- Allegiance as follows: Senate agrees to the report of the com- turns without his approval H.R. 956, the mittee on conference on the disagree- ‘‘Common Sense Product Liability Legal Re- I pledge allegiance to the Flag of the form Act of 1996.’’ United States of America, and to the Repub- ing votes of the two Houses on the amendments of the House to the bill With warm regards, lic for which it stands, one Nation under ROBIN H. CARLE, God, indivisible, with liberty and justice for (S. 641) ‘‘An Act to reauthorize the Clerk, House of Representatives. all. Ryan White CARE Act of 1990, and for f other purposes.’’ f The message also announced that MESSAGE FROM THE SENATE pursuant to sections 276d–276g of title COMMON SENSE PRODUCT LIABIL- A message from the Senate by Mr. 22, United States Code, as amended, the ITY REFORM ACT OF 1996—VETO Lundregan, one of its clerks, an- Chair, on behalf of the Vice President, MESSAGE FROM THE PRESIDENT nounced that the Senate had passed appoints Mr. CHAFEE, Mr. HATCH, Mr. OF THE UNITED STATES (H. DOC. without amendment bills of the House PRYOR, Mr. PRESSLER, Mr. GRASSLEY, 104–207) of the following titles: Mr. GORTON, Mr. JEFFORDS, Mr. MACK, The SPEAKER laid before the House H.R. 2064. An act to grant the consent of Mr. BURNS, Mr. BENNETT, Mr. INHOFE, the following veto message from the Congress to an amendment of the Historic Mr. DEWINE, and Mr. GRAMS, as mem- President of the United States:

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.

H4425 H4426 CONGRESSIONAL RECORD — HOUSE May 6, 1996 To the House of Representatives: defective products go bankrupt, this sounding technical, may cut off a vic- I am returning herewith without my provision has potentially large con- tim’s ability to sue a negligent manu- approval H.R. 956, the ‘‘Common Sense sequences. facturer. The Report deletes a provi- Product Liability Legal Reform Act of This provision is all the more trou- sion that would have stopped the stat- 1996.’’ bling because it unfairly discriminates ute of limitations from running when a I support real commonsense product against the most vulnerable members bankruptcy court issues the automatic liability reform. To deserve that label, of our society—the elderly, the poor, stay that prevents suits from being however, legislation must adequately children, and nonworking women— filed during bankruptcy proceedings. protect the interests of consumers, in whose injuries often involve mostly The effect of this seemingly legalistic addition to the interests of manufac- noneconomic losses. There is no reason change will be that some persons turers and sellers. Further, the legisla- for this kind of discrimination. Non- harmed by companies that have en- tion must respect the important role of economic damages are as real and as the States in our Federal system. The tered bankruptcy proceedings (as mak- important to victims as economic dam- ers of defective products often do) will Congress could have passed such legis- ages. We should not create a tort sys- lation, appropriately limited in scope lose any meaningful opportunity to tem in which people with the greatest bring valid claims. and balanced in application, meeting need of protection stand the least these test. Had the Congress done so, I chance of receiving it. Similarly, the Conference Report re- would have signed the bill gladly. The Second, as I also have stated, I op- duces the statute of repose to 15 years Congress, however, chose not to do so, pose arbitrary ceilings on punitive (and less if States to provide) and ap- deciding instead to retain provisions in damages, because they endanger the plies the statute to a wider range of the bill that I made clear I could not safety of the public. Capping punitive goods, including handguns. This accept. damages undermines their very pur- change, which bars a suit against a This bill inappropriately intrudes on pose, which is to punish and thereby maker of an older product even if that State authority, and does so in a way deter egregious misconduct. The provi- product has just caused injury, also that tilts the legal playing field sion of the bill allowing judges to ex- will preclude some valid suits. against consumers. While some Federal ceed the cap if certain factors are In recent weeks, I have heard from action in this area is proper because no present helps to mitigate, but does not many victims of defective products one State can alleviate nationwide cure this problem, given the clear in- whose efforts to recover compensation problems in the tort system, the States tent of the Congress, as expressed in should have, as they always have had, would have been frustrated by this bill. the Statement of Managers, that I have heard from a woman who would primary responsibility for tort law. judges should use this authority only The States traditionally have handled not have received full compensatory in the most unusual cases. damages under this bill for the death of this job well, serving as laboratories In addition, I am concerned that the for new ideas and making needed re- Conference Report fails to fix an over- a child because one wrongdoer could forms. This bill unduly interferes with sight in title II of the bill, which limits not pay his portion of the judgment. I that process in products cases; more- actions against suppliers of materials have heard from women whose suits over, it does so in a way that pecu- used in devices implanted in the body. against makers of defective contracep- liarly disadvantages consumers. As a In general, title II is a laudable at- tive devices—and the punitive damages rule, this bill displaces State law only tempt to ensure the supply of mate- awarded in those suits—forced the when that law is more favorable to rials needed to make life-saving medi- products off the market, in a way that consumers; it defers to State law when cal devices, such as artificial heart this bill’s cap on punitives would make that law is more helpful to manufac- valves. But as I believe even many sup- much harder. I have heard from per- turers and sellers. I cannot accept, ab- porters of the bill agree, a supplier of sons injured by products more than 15 sent compelling reasons, such a one- materials who knew or should have years old, who under this bill could not way street of federalism. known that the materials, as im- bring suit at all. Apart from this general problem of planted, would cause injury should not Injured people cannot be left to suffer displacing State authority in an unbal- receive any protection from suit. Title in this fashion; furthermore, the few anced manner, specific provisions of II’s protections must be clearly limited companies that cause these injuries H.R. 956 unfairly disadvantage consum- to nonnegligent suppliers. cannot be left, through lack of a deter- ers and their families. Consumers My opposition to these Senate-passed rent, to engage in misconduct. I there- should be able to count on the safety of provisions were known prior to the fore must return the bill that has been the products they purchase. And if Conference on the bill. But instead of presented to me. This bill would under- these products are defective and cause addressing these issues, the Conference mine the ability of courts to provide harm, consumers should be able to get Committee took several steps back- relief to victims of harmful products adequate compensation for their losses. ward in the direction of the bill ap- and thereby endanger the health and Certain provisions in this bill work proved by the House. safety of the entire American public. against these goals, preventing some First, the Conference Report seems There is nothing common sense about injured persons from recovering the to expand the scope of the bill, inappro- such reforms to product liability law. full measure of their damages and in- priately applying the limits on puni- WILLIAM J. CLINTON. creasing the possibility that defective tive and noneconomic damages to law- goods will come onto the market as a suits, where, for example, a gun dealer THE WHITE HOUSE, May 2, 1996. result of intentional misconduct. has knowingly sold a gun to a con- The SPEAKER pro tempore (Mr. In particular, I object to the follow- victed felon or a bar owner has know- HORN). The objections of the President ing provisions of the bill, which subject ingly served a drink to an obviously will be spread at large upon the Jour- consumers to too great a risk of harm. inebriated customer. I believe that First, as I previously have stated, I nal, and the message and bill will be such suits should go forward printed as a House document. oppose wholly eliminating joint liabil- unhindered. Some in the Congress have ity for noneconomic damages such as argued that the change made in Con- Mr. HYDE. Mr. Speaker, I ask unani- pain and suffering because such a ference is technical in nature, so that mous consent that further consider- change could prevent many persons the bill still exempts these actions. But ation of the veto message on the bill, from receiving full compensation for I do not read the change in this way— H.R. 956, be postponed until Thursday, injury. When one wrongdoer cannot and in any event, I do not believe that May 9, 1996, and that upon further con- pay its portion of the judgment, the a victim of a drunk driver should have sideration of the veto message on that other wrongdoers, and not the innocent to argue in court about this matter. day, the previous question be consid- victim, should have to shoulder that The Congress should not have made ered as ordered on the question of pas- part of the award. Traditional law ac- this last-minute change, creating this sage of the bill, the objections of the complishes this result. In contrast, this unfortunate ambiguity, in the scope of President to the contrary notwith- bill would leave the victim to bear the bill. standing, without intervening motion these damages on his or her own. Given In addition, the Conference Report or debate except 1 hour of debate on how often companies that manufacture makes certain changes that, though the question of passage. May 6, 1996 CONGRESSIONAL RECORD — HOUSE H4427

The SPEAKER pro tempore. Is there ligible effect on prices. If he wanted a tleman from Georgia [Mr. GINGRICH] objection to the request of the gen- real solution to a real problem, he and his leadership team reminds me of tleman from Illinois? would support repeal of his 4.3 cents a a bad 1950’s B movie plot: The thing There was no objection. gallon gasoline tax of 1993. However, that would not die. They continue to The SPEAKER pro tempore. Without President Clinton would rather make a resurrect bad ideas that have rightfully objection, consideration of the veto bold announcement and pretend to do been shot down because in fact they message on H.R. 956 will be postponed something about rising gas prices. have hurt working families in this until Thursday, May 9, 1996, and, upon We need a President that has real so- country. further consideration of the veto mes- lutions for real problems. Not a Presi- The latest example of a bad idea that sage on that day, the previous question dent who is playing ‘‘let’s pretend.’’ will not stay dead is the House Repub- shall be considered as ordered on the f licans’ plan to cut education. question of passage of the bill, the ob- It was only about 2 weeks ago when jections of the President to contrary MEDICARE TRUSTEES REPORT Speaker GINGRICH and other congres- notwithstanding, without intervening (Mr. GOSS asked and was given per- sional Republicans waved the white motion or debate, except 1 hour of de- mission to address the House for 1 flag and surrendered their extreme po- bate on the question of passage. minute and to revise and extend his re- sition on cutting education. They pro- There was no objection. marks.) posed making the deepest cuts in the f Mr. GOSS. Mr. Speaker, the Medicare history of public education in this Na- tion, totaling $3.1 billion, and it took PERMISSION FOR COMMITTEE ON trustees reported last year that the the outrage of parents and teachers HOUSE OVERSIGHT TO FILE RE- part A trust fund, covering all inpa- and students at the grassroots level in PORT ON HOUSE RESOLUTION tient hospital care, would be bankrupt addition to the determination of the 417, PROVIDING AMOUNTS FOR by the year 2002, essentially confirming President, of the congressional Demo- EXPENSES OF SELECT SUB- the findings of the Kerrey Commission. crats, to force Republican leadership to COMMITTEE ON UNITED STATES However, in light of new Treasury De- stop this wrongheaded attitude and at- ROLE IN IRANIAN ARMS TRANS- partment estimates that the trust fund tack on our Nation’s future. FERS TO CROATIA AND BOSNIA ran a $4.2 billion deficit through the first half of fiscal year 1996, experts, in- But let me say that parents do not Mr. HYDE. Mr. Speaker, I ask unani- cluding the former Chief Actuary to rest easy. No sooner do we think that mous consent that the Committee on HCFA, now conclude that the trust this bad idea is dead and buried, that House Oversight may have until mid- fund could be bankrupt in the year then it finds new life. night tonight, May 6, 1996, to file a re- 2000, just 4 years from now. These facts Yesterday House Majority Leader port on House Resolution 417, providing should propel the administration to DICK ARMEY proposed cutting edu- amounts for the expenses of the Select join the congressional initiatives to cation to pay for the repeal of the gas Subcommittee on the United States preserve Medicare. Instead, the April 1 tax. I quote: role in Iranian arms transfers to Cro- deadline for this year’s trustees report But the fact of the matter is, given our atia and Bosnia of the Committee on has come and gone with no White ability to contain the cost of energy and give International Relations in the Second House action. It seems the White House tax relief, maybe we ought to take another Session of the 104th Congress. look at the amount of money we are spend- is employing stalling tactics and ing on education. The SPEAKER pro tempore. Is there stonewalling Medicare reform rather objection to the request from the gen- than saving the program. I urge the Direct quote: I watched the program. Now I support a cut in the gas tax tleman from Illinois? President to shelve the excuses, and would vote for such a thing. But There was no objection. produce the report and join with the ef- who is going to get the benefit of it? Is f forts currently underway in Congress the consumer going to get the 4.3 to save Medicare now. Our Nation’s THE PRETEND PRESIDENT cents, or is that money going to go seniors and others dependent on Medi- (Mr. BALLENGER asked and was into the pockets of big oil? care cannot tolerate the same White given permission to address the House That is what the danger is here, and House failures to fix Medicare that we for 1 minute and to revise and extend what is going to get cut in order to pay have endured for the last 4 years. his remarks.) for that tax cut? The last thing I want Mr. BALLENGER. Mr. Speaker, f to see is a political game being played President Clinton is just pretending to PERSONAL EXPLANATION that does not really save the consum- be President, He is just pretending to ers any money in the end. propose solutions to our Nation’s prob- Mr. GOSS. Mr. Speaker, on Wednes- Is it not funny that when the in- lems. Let me illustrate what I mean. day, May 1, I was unavoidably detained crease, when it goes up, when the stock Take the issue of helping the work- for rollcall votes 141 through 145. market goes up in its price, and the gas ing poor. The President, by proposing Had I been present, I would have prices go up at the pump, when that an increase in the minimum wage, has voted ‘‘aye’’ on votes 141, 142, 144, and goes down, when the stock market goes a pretend solution to a real problem. 145. I would have voted ‘‘no’’ on rollcall down, is it not funny that the gas Raising minimum wage will cause job No. 143. prices for consumers and for families loss and won’t help the working poor. f grudgingly comes down and takes a Even President Clinton agrees. He said SPECIAL ORDERS very, very long time for it to do it? so in Time magazine in 1995. If Presi- If we are going to cut the gas tax, dent Clinton thought raising the mini- The SPEAKER pro tempore. Under then we should have the big oil compa- mum wage was a good idea, he should the Speaker’s announced policy of May nies pay for that gas tax cut and not have raised it when the Democrats had 12, 1995, and under a previous order of education programs that serve working control of the Congress during the first the House, the following Members will families in this country. 2 years of his term. He didn’t I can only be recognized for 5 minutes each. The other thing that we ought to conclude that the President doesn’t f consider at the same time is how come want to help the working poor, only the prices rose so quickly, how come wants to pretend to help. THE THING THAT WILL NOT DIE— all the prices went up at the exact Another recent example of pretend- REPUBLICANS’ PLAN TO CUT same time with the exact amount of in- ing is the announcement that he will EDUCATION crease? Is not that strange? sell 12 million barrels of oil from the The SPEAKER pro tempore. Under a Let us take a look at and investigate strategic petroleum reserve in an effort previous order of the House, the gentle- that portion of this debate. to reduce rising gasoline prices. Twelve woman from Connecticut [Ms. DE- Let me just say that instead of cut- million barrels sounds like a lot of oil, Lauro] is recognized for 5 minutes. ting corporate pork the gentleman but it is less than a day’s supply for the Ms. DELAURO. Mr. Speaker, increas- from the big oil State of Texas pro- Nation. The sale of oil will have a neg- ingly the extreme agenda of the gen- poses cutting education for our kids to H4428 CONGRESSIONAL RECORD — HOUSE May 6, 1996 pay for a tax cut that will have re- lative program and any special orders Modification of Timber Sale Contracts in Ex- sulted in a major windfall for the heretofore entered, was granted to: traordinary Conditions (Interim Final Rule) wealthy oil barons in this Nation. (The following Member (at the re- (RIN: 0596–AB58) received May 3, 1996, pursu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee We all know that education holds the quest of Mr. GOSS) to revise and extend on Agriculture. key to the American dream for the his remarks and include extraneous 2801. A letter from the Legislative and Reg- progress of working families in this material:) ulatory Activities Division, Comptroller of country, yet the extreme agenda of the Mr. BURTON of Indiana, for 5 minutes the Currency, transmitting the Comptrol- Republican revolution calls for dev- each day on May 7, 8, 9, and 10. ler’s final rule—Community Reinvestment astating cuts in education. Their bill f Act Regulations (RIN: 1557–AB51) received last year would have cut basic skills May 3, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); training, reading, writing, arithmetic EXTENSION OF REMARKS to the Committee on Banking and Financial Services. by 17 percent. By unanimous consent, permission to 2802. A letter from the Assistant Chief The Republican majority tried last revise and extend remarks was granted Counsel, Office of Thrift Supervision, trans- year to cut safe and drug-free schools to: mitting the Office’s final rule—Community by 57 percent, which would have denied (The following Members (at the re- Reinvestment Act Regulations (RIN: 1557– 23 million children in this country quest of Mr. MONTGOMERY) and to in- AB51) received May 2, 1996, pursuant to 5 these common-sense protections. clude extraneous matter:) U.S.C. 801(a)(1)(A); to the Committee on The extremists would have proposed Banking and Financial Services. Mr. CARDIN. 2803. A letter from the Executive Director, killing President Bush’s bipartisan Mr. SERRANO in two instances. Thrift Depositor Protection Oversight Board, Goals 2000 initiative which is helping 44 Mr. POMEROY. transmitting the final report of the Assist- million children nationwide raise the Ms. HARMAN. ant General Counsel for Professional Liabil- standards of their educational perform- Mrs. LINCOLN. ity of the RTC, also the final report on Co- ance, and in an age when tuition costs Mr. SKELTON. ordinated Pursuit of Claims for the period concluding December 31, 1995, pursuant to 12 for college are going through the roof, Mr. CONYERS. U.S.C. 1441a(w)(10)(C) and 12 U.S.C. the majority attempted to roll back di- Mr. LANTOS. rect student loans which would have 1441a(b)(11)(G); to the Committee on Banking Mrs. KENNELLY. and Financial Services. denied 1,200 schools and 2.5 million stu- f 2804. A letter from the Executive Director, dents the opportunity to participate in Thrift Depositor Protection Oversight Board, this initiative that makes college more SENATE BILL REFERRED transmitting a report on the activities and affordable for working families in this A bill of the Senate of the following efforts of the RTC, the FDIC, and the Thrift country. Depositor Protection Oversight Board for the title was taken from the Speaker’s 3-month period ending December 31, 1995, Mr. Speaker, I think the Republican table and, under the rule, referred as leader’s advisers must have been too pursuant to Public Law 101–73, section 501(a) follows: (103 Stat. 387); to the Committee on Banking close to the gas fumes when they told S. 1720. An act to establish the Nicodemus and Financial Services. him to propose that one. Hard-working National Historic Site and the New Bedford 2805. A letter from the Director, Regula- American families struggle and scrimp National Historic Landmark; to the Commit- tions Policy Management Staff, Office of every simple day to provide edu- tee on Resources. Policy Food and Drug Administration, De- partment of Health and Human Services, cational opportunities for their kids. f They know, no one knows better than transmitting the Department’s final rule— them, that in today’s economy what ENROLLED BILLS SIGNED Medical Devices; Temporary Suspension of Approval of a Premarket Approval Applica- you earn depends on what you learn. Mr. THOMAS, from the Committee tion (RIN: 0910–AA09) received May 3, 1996, So these middle-class folks take re- on House Oversight, reported that that pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- sponsibility for their families, and committee had examined and found mittee on the Commerce. maybe they do not take that vacation, truly enrolled bills of the House of the 2806. A letter from the Director, Office of and maybe they do not buy expensive following titles, which were thereupon Regulatory Management and Information, clothes. We should honor their sac- Environmental Protection Agency, transmit- signed by the Speaker: ting the Agency’s final rule—National Pri- rifice. Let us help working families H.R. 2064. An act to grant the consent of play by the rules. Help them get their mary Drinking Water Regulations: Monitor- Congress to an amendment of the Historic ing Requirements for Public Drinking Water kids a good education. Let us not give Chattahoochee Compact between the States Supplies: Cryptosporidium, Giardia, Viruses, a tax break and pork to the special in- of Alabama and Georgia. Disinfection Byproducts, Water Treatment terests. Let us help working families H.R. 2243. An act to amend the Trinity Plant Data and Other Information Require- and not cut education programs. River Basin Fish and Wildlife Management ments (FLR–5501–1) received May 2, 1996, pur- Act of 1984, to extend for three years the f suant to 5 U.S.C. 801(a)(1)(A); to the Commit- availability of moneys for the restoration of tee on Commerce. The SPEAKER pro tempore. Under fish and wildlife in the Trinity River, and for 2807. A letter from the Director, Office of the Speaker’s announced policy of May other purposes. Regulatory Management and Information, 12, 1995, the gentleman from California f Environmental Protection Agency, transmit- [Mr. RIGGS] is recognized for 60 min- ting the Agency’s final rule—Amendment to utes as the designee of the majority ADJOURNMENT Standards of Performance for New Station- leader. ary Sources; Small Industrial-Commercial- Ms. DELAURO. Mr. Speaker, I move Institutional Steam Generating Units (FLR– [Mr. RIGGS addressed the House. His that the House do now adjourn. 5467–8) received May 2, 1996, pursuant to 5 remarks will appear hereafter in the The motion was agreed to; accord- U.S.C. 801(a)(1)(A); to the Committee on Extensions of Remarks.] ingly (at 2 o’clock and 22 minutes Commerce. 2808. A letter from the Director, Office of f p.m.), under its previous order, the House adjourned until tomorrow, Tues- Regulatory Management and Information, The SPEAKER pro tempore. Under day, May 7, 1996, at 12:30 p.m. for morn- Environmental Protection Agency, transmit- the Speaker’s announced policy of May ing hour debates. ting the Agency’s final rule—Adjustment of 12, 1995, the gentleman from California Reid Vapor Pressure Lower Limit for Refor- f [Mr. DORNAN] is recognized for 60 min- mulated Gasoline Sold in the State of Cali- utes. fornia (FLR–5501–3) received May 2, 1996, pur- EXECUTIVE COMMUNICATIONS, suant to 5 U.S.C. 801(a)(1)(A); to the Commit- [Mr. DORNAN addressed the House. ETC. tee on Commerce. His remarks will appear hereafter in Under clause 2 of rule XXIV, execu- 2809. A letter from the Director, Office of the Extensions of Remarks.] tive communications were taken from Regulatory Management and Information, Environmental Protection Agency, transmit- f the Speaker’s table and referred as fol- ting the Agency’s final rule—Approval and lows: SPECIAL ORDERS GRANTED Promulgation of Air Quality Implementa- 2800. A letter from the Chief, Forest Serv- tion Plans; Texas; Revision to the State Im- By unanimous consent, permission to ice, transmitting the Service’s final rule— plementation Plan [SIP] Addressing Visible address the House, following the legis- Disposal of National Forest System Timber; Emissions (FLR–5468–2) received May 2, 1996, May 6, 1996 CONGRESSIONAL RECORD — HOUSE H4429 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Environmental Protection Agency, transmit- Requirements for Authorized State Permit mittee on Commerce. ting the Agency’s final rule—Approval and Programs under Section 402 of the Clean 2810. A letter from the Director, Office of Promulgation of Air Quality Implementa- Water Act (FLR–5500–9) received May 2, 1996, Regulatory Management and Information, tion Plans; Utah; Emission Statement Regu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Environmental Protection Agency, transmit- lation, Ozone Nonattainment Area, Designa- mittee on Transportation and Infrastruc- ting the Agency’s final rule—Attainment Ex- tion, Definition (FLR–5468–8) received May 2, ture. tensions for PM–10 Nonattainment Areas: 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the 2831. A letter from the Associate Director, Idaho (FLR–5500–4) received May 2, 1996, pur- Committee on Commerce. National Institute of Standards and Tech- suant to U.S.C. 801(a)(1)(A); to the Commit- 2821. A letter from the Director, Office of nology, transmitting the Institute’s final tee on Commerce. Regulatory Management and Information, rule—Grant Funds—Materials Science and 2811. A letter from the Director, Office of Environmental Protection Agency, transmit- Engineering Laboratory—Availability of Regulatory Management and Information, ting the Agency’s final rule—Approval and Funds (RIN: 0693–ZA02) received May 2, 1996, Environmental Protection Agency, transmit- Promulgation of Implementation Plans; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ting the Agency’s final rule—Clomazone; California State Implementation Plan Revi- mittee on Science. Pesticide Tolerance (PP 5E4521/R2230) (FLR– sion, Santa Barbara County Air Pollution 2832. A letter from the Associate director, 5364–9) received May 2, 1996, pursuant to 5 Control District (FRL–5464–2) received May National Institute of Standards and Tech- U.S.C. 801(a)(1)(A); to the Committee on 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to nology, transmitting the Institute’s final Commerce. the Committee on Commerce. rule—Continuation of Fire Research Grants 2812. A letter from the Director, Office of 2822. A letter from the Director, Office of Program—Availability of Funds (RIN: 0963– Regulatory Management and Information, Regulatory Management and Information, ZA06) received May 3, 1996, pursuant to 5 Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- U.S.C. 801(a)(1)(A); to the Committee on ting the Agency’s final rule—Avermectin B1 ting the Agency’s final rule—Approval and Science. and Its Delta-8, 9–Isomers; Extension of Promulgation of Implementation Plans; 2833. A letter from the Director, Office of Time-Limited Tolerances (PP 4E4419/R2236) California State Implementation Plan Revi- Regulations Management, Department of (FLR–5366–8) received May 2, 1996, pursuant sion, San Joaquin Valley Unified Air Pollu- Veterans Affairs, transmitting the Depart- to 5 U.S.C. 801(a)(1)(A); to the Committee on tion Control District, Santa Barbara County ment’s final rule—VA Acquisition Regula- Commerce. Air Pollution Control District, South Coast tions: Loan Guaranty and Vocational Reha- 2813. A letter from the Director, Office of Air Quality Management District (direct bilitation and Counseling Programs (RIN: Regulatory Management and Information, final) (FRL–5466–1) received May 2, 1996, pur- 2900–AG65) received May 3, 1996, pursuant to Environmental Protection Agency, transmit- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 5 U.S.C. 801(a)(1)(A); to the Committee on ting the Agency’s final rule—Fenoxaprop- tee on Commerce. Veterans’ Affairs. Ethyl; Extension of Study Due Date and 2823. A letter from the Managing Director, 2834. A letter from the Director, Office of Time-Limited Tolerances (PP 9F3714/R2214) Federal Communications Commission, trans- Regulations Management, Department of (FLR–5354–1) received May 2, 1996, pursuant mitting the Commission’s final rule—Imple- Veterans Affairs, transmitting the Depart- to 5 U.S.C. 801(a)(1)(A); to the Committee on mentation of Section 204(a) and 204(c) of the ment’s final rule—Delegation of Authority Commerce. Telecommunications Act of 1996 (Broadcast to Order Advertising for Use in Recruitment 2814. A letter from the Director, Office of License Renewal Procedures) received May 3, (RIN: 2900–AH74) received May 3, 1996, pursu- Regulatory Management and Information, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the ant to 5 U.S.C. 801(a)(1)(A); to the Committee Environmental Protection Agency, transmit- Committee on Commerce. on Veterans’ Affairs. ting the Agency’s final rule—Lactofen; Pes- 2824. A letter from the Acting Assistant 2835. A letter from the Director, Office of ticide Tolerance (PP 4E4418/R2231) (FLR– Secretary for Legislative Affairs, Depart- Regulations Management, Department of 5365–1) received May 2, 1996, pursuant to 5 ment of State, transmitting notification of a Veterans Affairs, transmitting the Depart- U.S.C. 801(a)(1)(A); to the Committee on proposed manufacturing license agreement ment’s final rule—Servicemen’s and Veter- Commerce. for production of major military equipment ans’ Group Life Insurance (RIN: 2900–AH50) 2815. A letter from the Director, Office of with Korea (Transmittal No. DTC–17–96), received May 3, 1996, pursuant to 5 U.S.C. Regulatory Management and Information, pursuant to 22 U.S.C. 2776(d); to the Commit- 801(a)(1)(A); to the Committee on Veterans Environmental Protection Agency, transmit- tee on International Relations. Affairs. ting the Agency’s final rule—Approval and 2825. A letter from the Director, Bureau of 2836. A letter from the Chief, Regulations Promulgation of Implementation Plan; Illi- Alcohol, Tobacco and Firearms, transmit- Unit, Internal Revenue Service, transmitting nois (FLR–5436–1) received May 2, 1996, pursu- ting the Bureau’s final rule—Removal of Cer- the Service’s final rule—Revenue Ruling 96– ant to 5 U.S.C. 801(a)(1)(A); to the Committee tain Restrictions on Importation of Defense 26—received May 3, 1996, pursuant to 5 U.S.C. on Commerce. Articles and Defense Services from the Rus- 801(a)(1)(A); to the Committee on Ways and 2816. A letter from the Director, Office of sian Federation (27 CFR part 47) received Means. Regulatory Management and Information, May 3, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); 2837. A letter from the Deputy Under Sec- Environmental Protection Agency, transmit- to the Committee on International Rela- retary for Environmental Security, Depart- ting the Agency’s final rule—Approval and tions. ment of Defense, transmitting an interim Promulgation of Implementation Plans; Illi- 2826. A letter from the Executive Director, summary report on the DOD Environmental nois (FLR–5464–1) received May 2, 1996, pursu- District of Columbia Retirement Board, Scholarships and Fellowships Programs, pur- ant to 5 U.S.C. 801(a)(1)(A); to the Committee transmitting the personal financial disclo- suant to Public Law 102–484, section 4451(j) on Commerce. sure statements of Board members, pursuant (106 Stat. 2737) and Public Law 103–160, sec- 2817. A letter from the Director, Office of to D.C. Code, section 1–732 and 1–734(a)(1)(A); tion 1333(h)(2) (107 Stat. 1800); jointly, to the Regulatory Management and Information, to the Committee on Government Reform Committees on National Security and Eco- Environmental Protection Agency, transmit- and Oversight. nomic and Educational Opportunities. ting the Agency’s final rule—Extremely Haz- 2827. A letter from the NARA Regulatory 2838. A letter from the Director, Office of ardous Substances (FLR–5468–5) received Policy Official, National Archives, transmit- Management and Budget, transmitting a May 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); ting the Archives’ final rule—Disposition of draft of proposed legislation entitled the to the Committee on Commerce. Federal Records (RIN: 3095–AA65) received ‘‘Statistical Confidentiality Act’’; jointly, to 2818. A letter from the Director, Office of May 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); the Committees on Government Reform and Regulatory Management and Information, to the Committee on Government Reform Oversight, Commerce, the Judiciary, Environmental Protection Agency, transmit- and Oversight. ting the Agency’s final rule—Approval and 2828. A letter from the Secretary of the In- Science, and Economic and Educational Op- Promulgation of Implementation Plans; terior, transmitting notification that it is in portunities. California State Implementation Plan Revi- the public interest to use procedures other f sion, Placer County Air Pollution Control than full and open competition to award a District and Ventura County Air Pollution particular Department of the Interior pro- REPORTS OF COMMITTEES ON Control District (FLR–5456–9) received May gram, pursuant to 41 U.S.C. 253(c)(7); to the PUBLIC BILLS AND RESOLUTIONS 2, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to Committee on Government Reform and Under clause 2 of rule XIII, reports of the Committee on Commerce. Oversight. committees were delivered to the Clerk 2819. A letter from the Director, Office of 2829. A letter from the Chief, Forest Serv- Regulatory Management and Information, ice, transmitting the Service’s final rule— for printing and reference to the proper Environmental Protection Agency, transmit- Smith River National Recreation Area (RIN: calendar, as follows: ting the Agency’s final rule—Approval and 0596–AB39) received May 3, 1996, pursuant to (The following action occurred on May 3, 1996) Promulgation of Implementation Plans; 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. ARCHER: Committee on Ways Ohio (FLR–5467–3) received May 2, 1996, pur- Resources. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 2830. A letter from the Director, Office of and Means. H.R. 3286. A bill to help tee on Commerce. Regulatory Management and Information, families defray adoption costs, and to 2820. A letter from the Director, Office of Environmental Protection Agency, transmit- promote the adoption of minority chil- Regulatory Management and Information, ting the Agency’s final rule—Amendment to dren; with an amendment (Rept. 104–542, H4430 CONGRESSIONAL RECORD — HOUSE May 6, 1996

Pt. 2). Referred to the Committee of H.R. 1734. Referral to the Committee on H.J. Res. 178: Mr. ZIMMER and Mr. the Whole House on the State of the House Oversight extended for a period ending BLUTE. not later than June 21, 1996. Union. H. Con. Res. 160: Mr. CASTLE, Mr. [Submitted May 6, 1996] f BERMAN, Mr. MCHUGH, Mr. BEREUTER, Mr. MOORHEAD: Committee on the Judi- PUBLIC BILLS AND RESOLUTIONS Ms. WOOLSEY, Mr. THOMPSON, Mrs. ciary. H.R. 1861. A bill to make technical MEYERS of Kansas, Mr. WALKER, Mr. Under clause 5 of rule X and clause 4 corrections in the Satellite Home Viewer Act LEWIS of Georgia, Mr. DIXON, Mr. SHAW, of rule XXII, public bills and resolu- of 1994 and other provisions of title 17, Unit- Mr. FALEOMAVAEGA, Mrs. LINCOLN, Ms. ed States Code; with an amendment (Rept. tions were introduced and severally re- SLAUGHTER, Mr. SCHUMER, Mr. DEL- 104–554). Referred to the Committee of the ferred as follows: LUMS, Mrs. MALONEY, Ms. MCKINNEY, Whole House on the State of the Union. By Mr. CONYERS (for himself, Mr. Mr. BLUTE, and Mr. STUDDS. Mr. MCCOLLUM: Committee on the Judici- MILLER of California, and Mr. BROWN ary. H.R. 2137. A bill to amend the Violent of California): H. Res. 30: Mr. TIAHRT, Mr. CARDIN, Crime Control and Law Enforcement Act of H.R. 3392. A bill to require a separate, un- Mr. MCINNIS, Mr. WILLIAMS, and Mr. 1994 to require the release of relevant infor- classified statement of the aggregate CHABOT. mation to protect the public from sexually amount of budget outlays for intelligence ac- violent offenders; with an amendment (Rept. tivities; to the Committee on Government f 104–555). Referred to the Committee of the Reform and Oversight, and in addition to the Whole House on the State of the Union. Committee on Intelligence (Permanent Se- Mr. MOORHEAD: Committee on the Judi- lect), for a period to be subsequently deter- AMENDMENTS ciary. H.R. 2511. A bill to control and prevent mined by the Speaker, in each case for con- commercial counterfeiting, and for other Under clause 6 of rule XXIII, pro- sideration of such provisions as fall within posed amendments were submitted as purposes (Rept. 104–556). Referred to the the jurisdiction of the committee concerned. follows: Committee of the Whole House on the State By Mr. TANNER (for himself, Mrs. LIN- of the Union. COLN, Mr. STENHOLM, and Mr. PAYNE H.R. 2974 Mr. MCCOLLUM: Committee on the Judici- of Virginia): OFFERED BY: MS. SLAUGHTER ary. H.R. 2980. A bill to amend title 18, Unit- H. Res. 425. Resolution providing for the AMENDMENT NO. 1: Add at the end the fol- ed States Code, with respect to stalking; consideration of the bill (H.R. 2915) to en- lowing new section: with an amendment (Rept. 104–557). Referred hance support and work opportunities for to the Committee of the Whole House on the families with children, reduce welfare SEC. 3. FEDERAL JURISDICTION OVER RAPE AND State of the Union. dependance and control welfare spending; to SEXUAL ASSAULT CASES. Mr. MOORHEAD: Committee on the Judi- the Committee on Rules. Section 2241 of title 18, United States Code, ciary. H.R. 1734. A bill to reauthorize the Na- f is amended by adding at the end the follow- tional Film Preservation Board, and for ing: other purposes; with an amendment (Rept. ADDITIONAL SPONSORS ‘‘(e) PUNISHMENT FOR SEXUAL PREDATORS.— 104–558 Pt. 1). Ordered to be printed. Under clause 4 of rule XXII, sponsors (1) Whoever, in a circumstance described in Mr. THOMAS: Committee on House Over- paragraph (2) of this subsection— sight. House Resolution 417. Resolution pro- were added to public bills and resolu- ‘‘(A) violates this section; or viding amounts for the expenses of the Se- tions as follows: ‘‘(B) engages in conduct that would violate lect Subcommittee on the United States H.R. 931: Mr. SHAYS. this section, if the conduct had occurred in Role in Iranian Arms Transfers to Croatia the special maritime and territorial jurisdic- and Bosnia of the Committee on Inter- H.R. 940: Mr. KENNEDY of Rhode Is- tion of the United States, and— national Relations in the second session of land. ‘‘(i) that conduct is in interstate or foreign the 104th Congress; with an amendment H.R. 1023: Mr. LAHOOD, Mr. commerce; (Rept. 104–559). Referred to the House Cal- MENENDEZ, and Mr. PETERSON of Min- ‘‘(ii) the person engaging in that conduct endar. nesota. crossed a State line with intent to engage in DISCHARGE OF COMMITTEE H.R. 2137: Mr. RAMSTAD. the conduct; or Pursuant to clause 5 of rule X the fol- H.R. 2167: Mr. NADLER, Mrs. VUCANO- ‘‘(iii) the person engaging in that conduct lowing action was taken by the Speak- VICH, and Mr. PETERSON of Minnesota. thereafter engages in conduct that is a viola- er: The Committees on Resources, H.R. 2749: Mr. STUMP and Mr. tion of section 1073(1) with respect to an of- Transportation and Infrastructure, and MANZULLO. fense that consists of the conduct so engaged National Security discharged from fur- H.R. 3170: Mr. LAZIO of New York and in; ther consideration; H.R. 3322 referred Mrs. ROUKEMA. shall be imprisoned for life. to the Committee of the Whole House H.R. 3173: Mr. WAXMAN. ‘‘(2) The circumstance referred to in para- on the State of the Union. H.R. 3246: Mrs. KENNELLY. graph (1) of this subsection is that the de- f H.R. 3268: Mr. GUNDERSON, Mr. SAM fendant has previously been convicted of an- JOHNSON, Mr. RIGGS, Mr. SOUDER, Mr. other State or Federal offense for conduct which— TIME LIMITATION OF REFERRED WELDON of Florida, Mr. GREENWOOD, BILL ‘‘(A) is an offense under this section or sec- Mr. BARRETT of Nebraska, Mr. tion 2242 of this title; or (The following action occurred on May 6, 1996) BALLENGER, Mrs. MEYERS of Kansas, ‘‘(B) would have been an offense under ei- Pursuant to clause 5 of rule X the fol- Mr. GRAHAM, AND Mr. KNOLLENBERG. ther of such sections if the offense had oc- lowing action was taken by the Speak- H.R. 3310: Mr. NEUMANN and Mr. curred in the special maritime or territorial er: ISTOOK. jurisdiction of the United States.’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, MONDAY, MAY 6, 1996 No. 61 Senate The Senate met at 12 noon and was minutes; Senator COVERDELL, or his up to about $4.8 billion a year, and it called to order by the President pro designee, is in control of the next 90 does not go into any fund to build high- tempore [Mr. THURMOND]. minutes. If there are no requests for ways. It goes into what we call deficit morning business, then we may stand reduction, which has only been done PRAYER in recess during part of that period one other time. That was on a very The Chaplain, Dr. Lloyd John until 3 o’clock. At 3 o’clock, we will resume consider- temporary basis between 1990 and 1993, Ogilvie, offered the following prayer: when 2.5 cents went into tax reduction. Almighty God, You have promised ation of H.R. 2937. We will have no roll- That was necessary to get an agree- that ‘‘As Your days, so shall Your call votes. There will be a cloture vote ment on the 1993 budget. Normally, gas strength be.’’ We praise You that You on H.R. 2937, the White House Travel know what is ahead of us this week and Office legislation at 2:15 p.m. on Tues- taxes are used for highways, bridges, will provide us with exactly what we day. Under the provisions of rule XXII, and other structures, and mass transit Senators have until 1 p.m. today to file need in each hour and in each cir- to help improve travel conditions for first-degree amendments to H.R. 2937. cumstance. We relax in the knowledge people to make the highways safer, Hopefully, we can complete action on that You will neither be surprised by mass transit safer. the Travel Office bill on Tuesday. what evolves or incapable of sustaining Other items possible for consider- But this gas tax by President Clinton us in any eventualities. You will show ation this week, if we can work them for deficit reduction is permanent. We us the way all through this week. out, are: Amtrak authorization; the think it should be repealed. We can Therefore, we resist the temptation firefighters age discrimination bill; and find ways to cut spending or some to be anxious or to worry over whether the balanced budget constitutional we have what it takes. Instead, we will other way to offset it if we are not amendment. going to add to the deficit. We think receive what You have offered: hope for I hope we might be able to pass the our discouraging times, replenishing balanced budget constitutional amend- we can do that. energy for our tired times, and renewed ment early this week or next week. It There is a bill at the desk, Calendar vision for our down times. We dedicate is supported by 80 percent of the Amer- No. 374, H.R. 2337, the taxpayer bill of this week to You. Protect us from the ican people. We addressed some of the rights. Sometime before the day is out, pride that supposes we can be self-suffi- concerns that some of my colleagues I will ask consent that we be able to cient, and the vanity that refuses to who voted against the amendment ex- take up that bill and offer one amend- submit our needs to You. Help us not pressed last year about protecting So- ment—that would be the gas tax re- only to walk more closely with You, cial Security. We believe we will have peal—and send it back to the House. I but to be open to Your encouragement language that should satisfy real con- through others. May we all live this cerns—if somebody is playing games, am certain they will pass it very quick- week as a never-to-be-repeated oppor- we will not satisfy them—if they have ly. As I understand, there is bipartisan tunity to glorify You by serving our real concerns. We are also concerned support now for repealing the gas tax. Nation with patriotism and loyalty. In about protecting Social Security. Maybe we can accomplish it on that our Lord’s name. Amen. In our balanced budget, which we revenue bill. sent to the President, which he vetoed, f I have also asked Senator LOTT and we did not touch Social Security. We RECOGNITION OF THE MAJORITY Senator LOTT has reported to me he believe we can overcome some of the LEADER objections that some have if they are had a good discussion on Friday with The PRESIDENT pro tempore. The real concerns. Otherwise, we will not Senator DASCHLE with reference to able majority leader, Senator DOLE, is be able to do that. scheduling the minimum wage. We be- recognized. Tomorrow is tax freedom day. That lieve we have made a fair proposal. We Mr. DOLE. Thank you, Mr. President. is when people can take a break from hope it might be accepted. f taxes. Starting on the 8th of May, they Otherwise, I think the matter people start working for themselves instead of SCHEDULE are really concerned about in America the governments who impose taxes. It Mr. DOLE. Mr. President, we will will be a good day to pass the gas tax is a balanced budget and whether we have morning business until the hour repeal. It seems to me it might have a have the will to amend or at least send of 3 p.m., with Senators to speak for up nice ring to it. a constitutional amendment to the to 5 minutes each. Senator DASCHLE, or Mr. President, 4.3 cents may not States and see if three-fourths of the his designee, is in control of the first 90 seem like a lot per gallon, but it adds States will ratify it. If that happens,

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

S4697

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VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4698 CONGRESSIONAL RECORD — SENATE May 6, 1996 the constitutional amendment, if it is Over 2,000 colleges, hospitals, and Governor and the State of California ratified, of course, becomes part of the businesses in California alone are li- for the manner in which they have at- Constitution. Then we will have more censed to use radioactive materials. I tempted to live under the Federal law discipline in the Congress when it have a list of them. There are radio- which has given the States the author- comes to spending taxpayers’ money active materials or waste in San Fran- ity to address low-level waste. and when it comes to ordering prior- cisco, as a matter of fact, at the Golden Acting in accordance with the Low ities. Gate Park in San Francisco; in China- Level Radioactive Waste Policy Act Beyond that, anything else that town, at 845 Jackson Street, to be spe- and all applicable environmental laws should occur, we will make an an- cific; the University of San Francisco and regulations, California has found a nouncement on the Senate floor this at 2130 Fulton Street; in Santa Monica solution. California wants this radio- afternoon. at 2200 Santa Monica Boulevard; in active waste, used, again, by more than I yield the floor. Beverly Hills at 9400 Brighton Way. 2,200 licensees in California, they want f These are just a few of the research it to be removed from those 800 subur- centers, the hospitals, the biotechnical ban and urban locations to a safe, li- MORNING BUSINESS firms, and the cancer treatment cen- censed monitoring location at Ward The PRESIDING OFFICER (Mr. ters that use radioactive materials. Valley in the Mojave Desert, which I THOMAS). Under the previous order, These materials are needed and used to have shown on the chart here. there will now be a period for the improve and prolong our lives. Let us go back and look at a little of transaction of morning business, with But we endanger our opportunity to the history. After an 8-year effort Senators permitted to speak up to 5 enjoy these benefits when we do not under the NRC guidelines, the Nuclear minutes each, with Senator DASCHLE, allow the State of California to carry Regulatory Commission guidelines, or his designee, in control of the first out the radioactive trash for proper and the expenditure of over $45 million, 90 minutes, and Senator COVERDELL, or disposal. That is exactly what is hap- the California Department of Health his designee, in control of the second 90 pening today because our Interior Sec- Services issued a license for a low-level minutes. retary, Bruce Babbitt, will not allow waste site at Ward Valley. The Cali- Mr. MURKOWSKI addressed the the State of California to dispose of its fornia Department of Health had the Chair. low-level waste at Ward Valley, which authority to issue the license. The Fed- The PRESIDING OFFICER. The Sen- is the site California has licensed for eral Government gave them the au- ator from Alaska. this waste. thority. They issued it. Mr. MURKOWSKI. Mr. President, I Mr. President, let me show you the But even with that license in hand, ask unanimous consent to speak for second chart. This is California with- the operator of the site has been unable about 10 to 12 minutes. out those 800-plus sites, with 1 site des- to begin construction and operation be- The PRESIDING OFFICER. Without ignated as a repository for low-level cause radical antinuclear activists objection, it is so ordered. waste, 1 site in a remote area away have launched a crusade to stop Ward Valley. Those activists have used every f from the populated areas, away from the area of southern California, away conceivable method. They have sued. LOW-LEVEL RADIOACTIVE WASTE from the bay area. This was a site se- They have demonstrated. They have STORAGE IN CALIFORNIA lected after a 7-year process of sci- occupied the site. They have made out- Mr. MURKOWSKI. Mr. President, I entific study and public input. It is a rageous and scientifically indefensible wish you a good morning. I ask you to site secure from fires, earthquakes, and claims. But these groups are wrong. They imagine the following situation: You floods. It is carefully monitored and have been proven wrong. All of their are stricken with bone cancer. Unfortu- regulated, meeting all Federal and radical lawsuits challenging the li- nately, your doctor informs you that State health and safety protection radiation therapy is no longer an op- censes have been heard, and they have standards. been dismissed. Their legal challenges tion because it creates low-level radio- Is it not better, Mr. President, to just active waste and they simply cannot have been exhausted. have 1 site for low-level radioactivity Two environmental impact state- store any more. instead of over 800 sites? Certainly it ments have shown their radical claims Or another one: A loved one tests is. Soon we could reach a point where about Ward Valley’s environmental im- HIV positive. Sadly, we learn that advanced medical treatment for can- pacts to be absolutely inaccurate, just breakthrough research using radio- cers and other medical research will be plain wrong. The two biological opin- active materials to find a cure for curtailed or even halted due to a fail- ions from the Endangered Species Act AIDS is being suspended. Why? Because ure to deal with the waste problem. have shown their radical claims about we cannot store any more waste. Is this a sane situation? Certainly Ward Valley’s impact on the desert tor- Finally, imagine this: You are the not. Unfortunately, many of the tem- toise are simply wrong. They have parent of a student at the University of porary sites used for storage of radio- reached out under every conceivable California. You’re informed that a fire active waste across California are vul- avenue in an attempt to find an excuse occurred in a radioactive storage waste nerable to exposure such as fires, to stop going ahead with Ward Valley. building on campus and exposed your earthquakes, or floods, which could In a special scientific report which son or daughter to radiation released cause an accidental release of radioac- was prepared for Secretary of the Inte- by the fire. tivity in urban or suburban neighbor- rior Babbitt, the National Academy of These are not farfetched situations, hoods. Doctors are worried that the Sciences concluded, on the issue of Mr. President. In fact, radioactive storage problem will impact, if you ground water contamination which was waste is piling up on college campuses, will, future cancer treatment. Re- certainly a legitimate consideration, hospitals, and businesses at some 800 searchers are worried that it will im- that there is a highly unlikely prospect sites in California alone. pact medical research. Educators are of any potential threat of ground water This chart tries to depict the dis- wondering how they will explain to the contamination in this area with so lit- tribution of low-level radioactive waste parents of students that their children tle rainfall out in the Mojave Desert. that is stored today in California. The live on campus that stores low-level ra- They further stated that there is no current situation shows that it is vir- dioactive waste. health threat posed to Colorado River tually all over—in the bay area, the Clearly, Mr. President, California has drinking water as some of the radical Sacramento area, southern California, an environmental problem. But to Cali- opponents continue to erroneously Los Angeles, San Diego, and so forth. fornia’s credit, California has acted in claim. They claim that somehow this is There are 2,254 material licensees who good faith to address this problem. going to seep down into the ground store waste at some 800 sites in popu- Mr. President, as chairman of the En- water and get into the Colorado River. lated areas, endangered by the threat ergy and Natural Resources Com- They will reach out and conclude al- of fires, earthquakes, and floods. It is mittee, which has the oversight for most anything, Mr. President. an extraordinary expense and duplica- this matter of both low-level and high- As the chairman of the National tion of effort. level radioactive waste, I commend the Academy’s committee recently wrote:

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4699 . . . none of the data reviewed by the Com- ommendations by the scientific com- Utah, Washington, and Wyoming; the mittee support further delay or opposition to munity are carried out, all Federal and State of California Department of construction of this facility, provided the State laws are mandated in compliance Health; University of California at Los oversight and monitoring recommendations with regulations. The Secretary some- Angeles, UCLA; University of Southern of the Committee are in place. how seems to dismiss this. California; Stanford University—and On the merits, the radical anti- Why would the Interior Department more, Mr. President, too numerous to nuclear activists have been slam- want to take this attitude? Some sug- name, who all support Ward Valley. dunked. But merits are not enough in gest they made a political calculation Mr. President, this should not be a this process, Mr. President, as we both that Ward Valley can yet be another partisan issue. We have not sought to know. As the Senator from Wyoming environment issue that can be shaped make it a partisan issue. Senate bill and myself, the Senator from Alaska, to make perhaps Congress look bad 1596, a bill to transfer the land to the have seen time and time again, you can with respect to protecting the environ- Ward Valley site, was introduced by win on the merits and you can lose on ment. both a Democrat and Republican. It the emotional arguments. I am here to say that their political was voted out of committee by bipar- But on this issue, the activists have calculation is wrong, Mr. President. On tisan voice vote. lost every battle. They have been prov- the issue of Ward Valley, the radical Let me warn those who attempt to en wrong again and again and again. and antinuclear activists and their make this a partisan issue. If you op- But the BLM land for the Ward Val- friends in the administration have sim- pose the bill for partisan political pur- ley site has not been transferred to the ply gone too far. I think they have poses, you are on the wrong side of State of California. This is BLM, Bu- crossed the line, because they are jeop- science. You will be on the wrong side reau of Land Management, land in ardizing the environment, because they of the environment. You will be on the California. It has not been transferred. are jeopardizing human health and wrong side of human health and safety. Why? The waste still sits in the neigh- safety, because they evidently would You will endanger the viability of the borhoods, still sits in the schools, still rather keep radioactive waste near the Low-Level Radioactivity Waste Policy sits in the hospitals. schools and the neighborhoods than at Act. The result of that might mean Why has it not been done? It has not a licensed site in the remote desert, a that the next low-level waste will be in been done because the antinuclear ac- remote area where people are far away, your State. I invite any and all my col- tivists have convinced the Interior De- where children do not play and people leagues to join me in cosponsoring Sen- partment to stand in the way of the do not work. ate bill 1596. transfer. At each opportunity they Put simply, they have gone too far Mr. President, the point I want to present a new twist, a new obstacle. because their radicalism has reached make here—and I think it is very im- The latest twist involves the discovery the point where it will start harming portant—this is an issue that is in the of elevated levels of tritium gas at an the safety of the people. They think interest not just of the State of Cali- old low-level waste site in Beatty, NV. they can get away with that, because fornia but of the entire Nation. It is Opponents of Ward Valley claim that they believe Ward Valley can be spun going to set the threshold for just what this somehow proves that the same as an issue where the so-called environ- we do with low-level waste, whether we thing will happen at Ward Valley. The mentalists are keeping Congress from continue, like the ostrich, to bury our Interior Department is now using this thrashing the environment. Sooner or head in the sand and simply ignore it. as an excuse for further delay at Ward later, even in this town, even with the We have seen, in this chart, in the Valley. media perception being what it is with State of California we have over 800 It is interesting to note what Sec- respect to radioactivity, I have to be- sites. If those critics propose no other retary Babbitt’s own Director of the lieve that the plain and simple truth alternative, or whether we have one U.S. Geological Survey, in a memo- will eventually defeat this misinforma- site that is approved by the State, sup- randum dated February 14, had to say tion. ported by the Governor, addressed by about the supposed links between the The plain and simple truth is this, the National Academy of Science, then Beatty site and Ward Valley: Mr. President: We have an obligation we can proceed with this. That will set, . . . the observed tritium distribution at to protect the environment. We want if you will, policy in other States Beatty is probably the result of the burial of liquid wastes and the fact that some disposal to protect the environment. If you where we have the same set of cir- trenches at Beatty were left open for years want to maintain important medical cumstances, perhaps not as acute in until filled, allowing accumulation and infil- research, advance treatment, and so California. I suggest New York and tration of precipitation. . . . The [Ward Val- forth, if you want to get stored radio- other areas where we have a concentra- ley] license does not permit disposal of ra- activity waste out of schools, hos- tion of population and advanced med- dioactive waste in liquid form and requires pitals, and neighborhoods to a site that ical and technical experiments going that only the minimum amount of open the National Academy of Sciences and on. It is not a partisan issue. trench necessary for the safe and efficient the State of California says is best, It is an environmental issue. It is a operation shall be excavated at any one time. Because of the differences in waste opening Ward Valley is the right thing responsible environmental issue. And burial practices at the Beatty site compared to do. this administration and this Secretary to those intended for the Ward Valley site Just do not take my word for it, Mr. of the Interior by not coming up with . . . extrapolations of the results from President. Take the word of the Na- an alternative that is better than that Beatty to Ward Valley are too trenuous to tional Association of Cancer Patients; proposed by the State of California have much scientific value. the Association of American Medical after the Federal Government has The day after receiving this memo, Colleges; the American College of Nu- given the States the authority to pro- the Deputy Secretary of the Interior clear Physicians; the California Med- ceed with disposing the low-level waste called for further tests, further delays, ical Association; the American Medical is acting irresponsibly. even though the scientific advice he re- Association; the Southwestern Low- What has happened here? I do not ceived was to the contrary. Level Radioactivity Waste Commis- criticize President Clinton. But I criti- Now, what you have here is a rather sion, representing California, Arizona, cize the bad advice that he has been interesting situation. You have the North Dakota, and South Dakota; the given by Secretary Babbitt because the State of California, who has gone Southeast Compact Commission, rep- White House, in following the advice of through a process of expending over $40 resenting Alabama, Florida, Georgia, the Secretary of the Interior, has made million on the evaluation, the applica- Mississippi, North Carolina, Tennessee, this a partisan political issue, and they tion, and the licensing. Who has a Virginia; the Midwest Interstate Low- should not have done so. The issue is greater responsibility to the health and Level radioactivity Waste Commission, science. Science is on our side. The welfare of the people of California than representing Indiana, Iowa, Minnesota, public health and the safety arguments the Governor and the California De- Missouri, Iowa, Wisconsin; the North- are on our side. partment of Health that have approved west Interstate Low-Level Radioac- Ward Valley is the legitimate site. If this site? They are certainly competent tivity Commission, representing Alas- we are going to give the States the re- in determining whether or not the rec- ka, Hawaii, Idaho, Montana, Oregon, sponsibility, as we have done, and then

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4700 CONGRESSIONAL RECORD — SENATE May 6, 1996 turn around and not let them exercise mitment to take waste in 1998 or any- facility continue. Why Nevada, Mr. that responsibility, then the enemy, as time in the near future. Already, there President? As I have said, the site is often the case, is us. are lawsuits that have been filed would be in that portion of Nevada We have an opportunity to do some- against the Federal Government for that has been used for tests of atomic thing about it, Mr. President. Senate nonperformance. bombs over the last 50 years. It is a site bill 1596 is just that. It would legislate So here we sit, with a program that that obviously carries a great deal of because the Secretary of the Interior is continuing to pursue a permanent experience with radioactive materials refuses to proceed the land exchange geologic repository with no other alter- and seems to meet—at least as far as mandating that the Federal Govern- natives in sight. We will spend perhaps we can tell after 5 billion dollars’ ment make this site available to the another $4 to $5 billion before the De- worth of research—the test as a viable State of California. partment of Energy will make a deci- site for a permanent repository. Having Mr. President, I could not be more sion as to whether or not it should one interim storage facility would re- outspoken in my frustration, and join- apply for a license for Yucca Mountain move this material from the areas ing with the State of California in a for use as a permanent repository. where it is currently stored near the matter in which this issue—which af- Then we have to actually get it li- nuclear power stations in some 41 fects the health and the welfare, and censed. Although the odds on the site States. We have over 80 storage areas sets the precedent for the manner in being found suitable by the Depart- in those 41 States. Illinois, for example, which we are going to address the even- ment of Energy have been set at 80 per- has several in their State. Centralizing tual disposition of low-level nuclear cent, the odds on actually getting a li- all of that spent fuel in one location is waste—is to be addressed. cense from the Nuclear Regulatory really what we are talking about in How can we, Mr. President, think we Commission have been set at 50–50. designating the Nevada test site as a will resolve the issue of managing the This gives you some idea of the gamble temporary storage site. high-level radioactive waste that has we are taking with the ratepayer’s My good friends from Nevada are op- been generated around this country by money. posed to this. Why are they opposed to our national defense facilities as well So what many of us have proposed is this? Well, unfortunately, we only have as our nuclear powerplants if we can- that the Nevada test site be used for an 50 States, Mr. President. You have to not even agree on what to do with low- interim storage site for spent nuclear put nuclear waste somewhere. Where is level waste? That is the situation we fuel until there is a determination of the best place to put it? Well, in my are facing today. whether or not Yucca Mountain can be mind, it seems to me that Nevada is We have a proposal before this body licensed for permanent storage. the best place because the Nevada test to designate the Nevada test site as the There are some interesting things site, used for nuclear materials testing site for a temporary high-level nuclear going on in the area of nuclear waste for so long, is remote and is because of waste storage facility. What is this all disposal. Japan, France, and England its use in the past, must be secured by about, Mr. President? operate under an entirely different the- the Government for the foreseeable fu- What we have done over the last 15 ory. Legitimate concerns over nuclear ture. years or so is expend over $5 billion to weapons proliferation arise because nu- So why not use this site as a tem- investigate the suitability of Yucca clear reactors generate small amounts porary repository until we can deter- Mountain, NV, as a site for a perma- of plutonium mixed into their spent mine where our permanent repository nent geologic repository for high-level nuclear fuel. It is a policy in the will be? If the permanent repository nuclear waste. Yucca Mountain is adja- United States that we take this high- site at Yucca Mountain is found to be cent to the Nevada test site, which, for level waste and bury it. In France and suitable and the Department of Energy the last 50 years or so, has been used Japan the practice is to recover it, and decides to go forward to try to get a li- for a series of above and below ground through a MOx fuel process, put it back cense, we will need an interim storage tests of atomic bombs. The Nevada test into the nuclear reactors, burn it, and facility at that site. Even after a suit- site is an area of Nevada that is still thereby reduce the proliferation risk. ability decision is made, we are going off limits to the public because of the Each country’s ultimate disposition of to have to spend another $4.5 or $5 bil- activities that have taken place there. its high-level waste is an interesting lion to determine whether that site I have been there. I have been in the comparison, to say the least. The meets our licensing requirements for a tunnel that is being dug into Yucca French and the Japanese, of course, permanent repository. That decision Mountain to evaluate the permanent have the theory of burning plutonium will be years down the line. repository site. Currently the test tun- by injecting it into the reactor with de- There is another activity going on nel is nearly 3 miles long. However, the pleted uranium. This disposes of the here that I want to point out to my prospect of the geologic repository proliferation threat because the high- colleagues. Some groups see this as a being the answer to our immediate level waste that result does not con- way to terminate, if you will, the oper- high-level waste storage problem is tain plutonium. You have a residue ations of many of our nuclear power fraught with the same bureaucratic in- that is a glass-like substance. The generating reactors around the country efficiencies associated with the Ward point is that this kind of material can- because the spent fuel storage at those Valley low-level waste facility that I not be reprocessed and an explosive de- sites is almost filled to capacity. The just discussed. vice made out of it. Nuclear Regulatory Commission li- The crux of the current situation is So while it is a rather complex con- censes them to a specific capacity, and that we have waste stored throughout cept, Mr. President, the theory is that when they are filled, why, obviously, the Nation adjacent to our nuclear you can either choose to bury your they cannot add more spent fuel with- powerplants. About 20 percent of our high-level waste permanently in the out violating their license. Building country’s power generation comes from belief that you can build a site that additional on-site storage requires nuclear powerplants. This waste is can be proven to withstand earth- State approval. Because the Federal stored at the plant sites. On-site stor- quakes, that will withstand flooding, if Government is not able to fulfill its age is licensed by the Nuclear Regu- it ever should occur, or some other nat- promise to take the fuel away, getting latory Commission. But the fact is that ural event that might interfere with that approval usually becomes a very the Federal Government made a con- the storage site, or whether you use an contentious process. tractual commitment to take that advanced technical process and burn Of course, the utilities’ plans to store waste away from the reactor sites by the plutonium and, therefore, elimi- spent nuclear fuel on-site were depend- the year 1998. Under those contracts, nate the threat of proliferation. ent on the Federal Government meet- the Federal Government has collected Although other countries have cho- ing its commitment to take that high- about $11 billion from America’s rate- sen this different approach, I would level nuclear waste from the power payers to pay for a government facility like to point out that, in S. 1271, we are generators at those sites by the year to store the nuclear fuel. Under the ex- proposing that a temporary storage 1998. However, we do not have the abil- isting program, we are not going to be site be built in Nevada, and that the ity to meet that commitment; we do able to meet the Government’s com- plan to build a permanent repository not have a permanent site licensed or

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4701 built. So temporary storage is an in- been paid $11 billion by ratepayers to expected life of that nuclear plant, according terim alternative that makes a lot of take this waste by 1998, and we will not to owner GPU Nuclear Corp. sense. able to do it under the existing pro- A lawsuit, in which GPU, other utilities and the state Public Utility Commission are My colleagues from Nevada have sug- gram. participants, is seeking to force the federal gested that interim storage is an im- The only responsible alternative is to government to speed up the process of estab- practical alternative because you are proceed and designate the Nevada test lishing a high-level radioactive waste reposi- moving spent nuclear fuel from areas site as a temporary repository site tory. A federal appeals court in Washington around the country where it is cur- until such time as a permanent reposi- recently heard arguments in the case. rently stored to one site in the State of tory can be licensed. So it is my hope Meanwhile, there is legislation in Congress to establish an interim storage site near Nevada. They have suggested that if it we can schedule this legislation in the Yucca Mountain until a permanent facility is decided that the permanent storage not too distant future and proceed with is completed. In our view, this offers the site will be somewhere else, you will legislation that presents a responsible most sensible answer to the nuclear-storage have to move it again. alternative to the current irresponsible dilemma. That is a bit presumptuous, because policy of simply avoiding a decision on The country is courting catastrophe by the site at Yucca Mountain is the best this critical issue. permitting this highly dangerous waste to be site that we have been able to come up stored in dozens of areas of the country, usu- Mr. President, I have editorials from ally along waterways, and unnecessarily cre- with so far in all the 50 States. There is newspapers including the Oregon ating more radioactive-conaminated facili- every reason to believe that ultimately Statesman Journal, the Washington ties, as well as expense for ratepayers. Yucca Mountain will be determined the Post, the Denver Post, the St. Joseph, Congress needs to end its dithering on this permanent site. In any case, we must MO Herald Palladium, and the Harris- serious issue and move to bring this waste move the spent nuclear fuel out of the burg, PA Patriot-News, as well as under federal control in a single facility until a permanent one can be built. other 80 sites where it is stored now many others, in support of naming and put it in one concentrated area Yucca Mountain a temporary reposi- [From the Statesman Journal, Feb. 11, 1996] until such time as a final decision is tory for nuclear waste. I ask unani- CONGRESS STALLS ON NUCLEAR WASTE made about a permanent site. The Ne- mous consent that a sample of these Congress seems to be stalled on a bill to vada test site is the best site. It will go editorials be printed in the RECORD. find a home for tons of waste from the na- across the country in casks that are There being no objection, the edi- tion’s nuclear power plants. engineered in such a way as to with- torials were ordered to be printed in Measures to establish a temporary nuclear repository at Yucca Mountain in Nevada stand any imaginable accident, includ- the RECORD, as follows: ing railroad derailments. These are have had strong support in both chambers, [From the Patriot-News, Jan. 26, 1996] but nothing has happened. House Resolution very highly engineered containers. A HIGH-LEVEL RISK: FEDERAL FOOT-DRAGGING 1020 needs to be enacted promptly. great deal of expertise has gone into LEAVES N–PLANTS NO OPTION BUT TO It will rectify two financial problems. It their design. So the exposure to the STORE WASTE ON-SITE will give residential and business customers public from the standpoint of transpor- Two of the three nuclear power stations of power generated by nuclear power plants tation is virtually nil. The risk can be along the Susquehanna River may soon something for their money. Oregonians and almost eliminated. We can, therefore, begin storing highly radioactive spent fuel in others have paid nearly $12 billion into a safely take this waste that is in the 41 steel-and-concrete casks in on-site facilities fund to build a repository for nuclear waste. specially built for the purpose. The money has done nothing but help the affected States, move it to Nevada, and government make the budget deficit look a temporarily store it until we have a This nuclear material, one of the most dangerous substances known to science, was little smaller. permanent repository. That is what the And it will save utilities from having to never intended to be stored on a long-term build temporary storage facilities at their legislation is all about. basis at nuclear power plants. Under a law nuclear power plants to hold spent fuel rods As time goes on, I will urge the lead- passed in 1982 by Congress, the Federal Gov- that by now should have found a permanent ership to take up the legislation desig- ernment was assigned responsibility to take nating the Nevada test site as the site national repository. At the now-closed Tro- permanent custody of spent fuel from com- jan plant, the rods are kept in pools of water. for a temporary storage facility, and I mercial nuclear reactors. But dry storage will have to be built—at will proceed with extensive floor state- A long-term storage facility for the waste ratepayers’ expense—if the Yucca Mountain ments describing the sites around the was to be opened by 1988, by the Energy De- site is not approved. Other nuclear power United States where we have nuclear partment, still conducting studies of the pro- plants are running out of storage space. posed Yucca Mountain site in Nevada, says it They either will shut down or, more likely, powerplants, the concentration of nu- doesn’t expect the facility to be ready until clear waste that is stored, and the mer- build expensive temporary storage. at least 2010. The measure also will move the nation to- its of why the Nevada test site is the This high-level radioactive waste is so le- ward a permanent repository in Yucca Moun- most logical and practical site and why thal that it must be stored in a manner that tain. The temporary site will hold nuclear we should do it now. will shield it from the environment for thou- wastes until the final scientific studies of As I indicated earlier with my discus- sands of years, a period longer than man- Yucca are completed. sion of the Ward Valley low-level waste kind’s recorded history. Not surprisingly, no Although the measures have strong sup- situation, this is yet another serious state wants to serve as permanent host for port, controversy remains. Some in Nevada environmental issue where we are the waste, but the end result of the failure of and elsewhere are not convinced the Yucca the government to move decisively to build being urged by some to put our head in Mountain site is safe for centuries-long stor- a storage facility is that nuclear power sta- age of radioactive wastes. Reputable sci- the sand rather than address a critical tions around the country are fulfilling that entific studies discount the risk. problem. This waste already exists. role by default. Other people worry about transporting nu- Further, we need the 20-percent elec- Under ordinary circumstances, spent fuel clear fuel rods to Nevada from throughout tricity that is generated by the nuclear is removed from the reactor and held in the country. This, too, is a needless worry. power industry. If we are to shut down nearby pools of water for several months to The casks that would hold the wastes were those reactors, what are we going to cool and to allow some of the radiation to engineered—and tested—to withstand a head-on train crash and the hottest fires. replace it with? Are we going to re- dissipate. Utilities have gone to great lengths to devise ways to increase the capac- This country must take the decisive step place it with coal or oil? That energy ity of the cooling ponds, but a growing num- and finally provide—after 13 years of polit- must come from some other source. ber have run out of options and are moving ical indecision—a safe place for its nuclear We need the nuclear power gener- to construct new facilities in which the wastes. ating industry and its contribution to waste is stored in dry steel-and-concrete can- the electric supply of the United isters. [From the Washington Post, Jan. 12, 1996] States. We cannot do without it. But Pennsylvania Power & Light Co. plans to THE ONE BEST PLACE FOR NUCLEAR WASTE whether or not we continue to have nu- begin construction this year of a $10 million (By Luther Carter) clear power, the question is how we can on-site spent-fuel storage facility at its Sus- Despite continuing controversy and hand- responsibly relieve the existing spent quehanna nuclear power station at Berwick. wringing analysis, the nuclear waste prob- PECO Energy Co. is contemplating a similar lem has for early two decades grown as a po- nuclear fuel that has accumulated over move at its Peach Bottom nuclear power fa- litical issue while seeming every more con- an extended period of time. How can we cility in York County. fused and opaque. Curt Suplee’s recent arti- meet the Federal Government’s obliga- Three Mile Island is expected to have suffi- cle in The Post [Dec. 31] ably described the tion? The Federal Government has cient storage capacity to last through the quagmire in which the waste issue is stuck.

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4702 CONGRESSIONAL RECORD — SENATE May 6, 1996 But political consensus won’t come on this for this role by its remoteness, its tradition and allow those that are running out of stor- issue until we begin looking at the waste of tight security from four decades of nu- age room to keep operating. problem as actually one of the more manage- clear weapons testing, and its very real But closing down the nation’s nuclear able aspects of a far larger question. With (though much disputed) potential for safe power plants not only would have a dev- the Cold War and nuclear arms race of a bi- storage and disposal—a potential based on astating effect on the energy production— polar world now behind us, we can address the exceptionally dry climate, great depth to and therefore, the economy—but would do what to do about the entire atomic legacy the water table and location inside a closed nothing to solve the problem of nuclear we began creating more than a half-century desert basin that drains to Death Valley. waste disposal. ago. The ongoing investigation of Yucca Moun- Upton’s bill moves the process forward, This awesome issue raises two questions: tain for a geologic repository shows promise and we hope Congress approves it. What to do about nuclear weapons, and what but is now hampered by severe budget cuts. to do about nuclear power? The state of Nevada is, for its part, op- [From the Denver Post, May 1, 1996] It’s time now for a national and global de- posed to any national waste repository or POLITICS, NOT SCIENCE, DELAYS YUCCA bate about the weapons and the elaborate in- storage center coming to the NTS. But that MOUNTAIN dustrial complexes established to produce state alone could not prevent broad accept- (By Linda Seebach) them. The nuclear forces and production es- ance of a national waste policy that rests on The question of what to do with America’s tablishments of the nuclear weapons states long-term interim and possibly permanent spent nuclear fuel and other detritus from were created through great human ingenuity storage at the test site. and national sacrifice. So whether over the Nevada’s main hope at the moment may lie the atomic era is more political than sci- next generation we might summon the will with the Clinton White House, where the entific. Progress toward the permanent stor- and ingenuity to abolish all (or nearly all— president’s senior advisers have favored a age facility proposed for Yucca Mountain, these weapons and complexes is not a possi- veto of any legislation calling for interim Nev., is slowed by endless debate about all bility to be ignored and decided by inaction storage of spent fuel at a specific site. They the things that could possibly go wrong cen- or default. would have the site determined by ‘‘sci- turies from now. I was inside Yucca Mountain last week. It’s time, too, for a debate about whether entific analyses.’’ But the reality is that The Valley Study Group, an organization of we wish to rid ourselves of civil nuclear while technically, just about any site is ac- people in and around Livermore, Calif., who power or, if we think it might be needed, to ceptable for interim surface storage, politi- are interested in the activities of Lawrence give this politically besieged enterprise a cally the affected state, whatever it is, will Livermore and Sandia national laboratories, fair chance to rise or fall on its merits. be opposed. But however these larger questions ulti- Antinuclear activists and many environ- organized a tour to the site, which is on the mately might be decided, there will be no es- mental groups back Nevada’s contention western edge of the Nevada Test Site about caping the need for a solution to the nuclear that spent fuel can safely remain on site at 80 miles northwest of Las Vegas. As part of the years-long process to deter- waste problem, and this almost inescapably the reactors for up to a century. But this mine whether the site is suitable for keeping means establishing a national storage center view obscures larger environmental concerns nuclear waste isolated from the environment at the Nevada Test Site (NTS). and the need now, without more years of for millennia, the project is boring a 5-mile Coming to this conclusion does not require delay, to start facing up to the dangerous tunnel in a loop inside the mountain. sophisticated research and analysis. The legacy from a half-century of use and misuse They’re about 3 miles along now, and our country needs such a storage center for four of the atom. surprisingly diverse reasons: group put on hard hats and safety belts and hiked along in for a few hundred meters to Relief for the electric utilities. The center [From the Herald-Palladium, Nov. 28, 1995] would relieve the utilities’ growing fear that see how the tunnel is constructed and where the federal government will be unable to GETTING CLOSER TO NUKE WASTE SOLUTION the scientific studies are done. Project sci- honor its obligation, effective three years The lethal nuclear waste sitting in South- entists sample the rock, air and water be- hence, to begin accepting the spent fuel now west Michigan and dozens of other sites cause the crucial fact that determines how accumulating at more than 100 power reac- across the United States may be headed to a long the storage is safe is whether water per- tors in 34 states. This grievance is particu- new—and safer—home. colating through the rock will eventually larly rancorous in light of the billions in fed- A bill sponsored by U.S. Rep. Fred Upton, corrode the canisters containing the wastes, eral nuclear waste funds already collected by R–St. Joseph, would open up a temporary and then (even more eventually) carry radio- utility companies from their rate-payers. storage site in the Nevada desert and would nuclides through the rock to ground water. Reactor decommissioning. The center push the opening of a permanent site deep Yucca Mountain was chosen as a potential would support the safe decommissioning of beneath the desert surface. site because there isn’t much water any- nuclear reactors that utilities shut down ei- We’re glad to see that his bill, approved where near it, and in particular because the ther for financial or safety reasons or in re- earlier this year by committee, is headed for groundwater level is hundreds of meters sponse to public mandate. Without such a a House vote. We urge its passage. A similar below where the waste canisters would be national center, spent fuel must remain in- bill is expected to come up for a Senate vote placed. definitely in storage pools and dry vaults at next year. Seeing the site and the tunnel doesn’t reactor sites. The question of what to do with high-level imply anything about the quality of the Cleaning up the nuclear weapons produc- nuclear waste has been looming ever since science, but I already knew about that, hav- tion complex. The center would offer a time- the first nuclear power plant opened in this ing been reading about this project for years. ly and needed place to send high-level waste country three decades ago. From the begin- Being there did impress me simultaneously and spent naval reactor fuel from Savannah ning, the federal government committed with the huge sale of the project in human River and the Idaho National Engineering itself to the eventual disposal of the waste. terms, and its insignificance in the vast and Laboratory, and ultimately the high-level It recognized the danger in having high-level desolate landscape around Yucca Mountain. waste from the Hanford reservation in Wash- nuclear waste disposal sites scattered in var- Even the desert tortoise, a threatened spe- ington state. ious places across the country near popu- cies that is treated with respectful deference Strengthening the nuclear nonprolifera- lated areas. by tortoise-trained personnel, is at much tion regime. The center, if placed under In 1982, Congress tried to light a fire under greater risk from ravens who think soft-shell International Atomic Energy Agency inspec- the feet of the Department of Energy by tortoise is a treat than from anything hu- tion, could become a model of close account- passing a bill requiring the government to mans are doing around the project site. ability for large amounts of weapons-usable have a waste site ready by 1998. There’s no The safety expectations for Yucca Moun- plutonium. chance now of meeting that deadline. The tain, or any other potential site if that one Most of this plutonium would come to the earliest a waste site will be ready is 2010, and turns out to be unsatisfactory, are unreason- NTS in commercial spent fuel from routine even that won’t happen at the current pace able, not so much because they can’t be met reactor operations. But some of it would be of development. but because they are more stringent than plutonium recovered from weapons produc- That’s why Upton’s bill is so important. It those applied to the alternatives. At present, tion sites and dismantled warheads, and (for not only pushes DOE into selecting a waste spent fuel is stored in cooling ponds near the security reasons) made highly radioactive ei- site—probably at Yucca Mountain, Nevada— plants that used it. There’s no evidence it’s ther by mixing with high-level waste or but also allows the government to store the unsafe there now, but for the next 10,000 burning in specially designated reactors. Se- waste temporarily above ground in an un- years? That’s longer than humanity’s writ- cure but retrievable storage of plutonium populated desert location. ten history. could continue indefinitely at the center, The chief opponents of Upton’s bill—be- Non-nuclear alternatives aren’t clearly given the chance that this fissionable mate- sides Nevada residents who don’t want the better. Extracting and burning coal and oil rial might eventually be recovered for its en- waste site in their back yard, even though is not environmentally benign, though the ergy value. the remote desert isn’t really anybody’s effects can be mitigated, but we can’t plan There simply is no place other than the yard—are people who are opposed to nuclear on doing it for millennia. There’s not that Nevada Test site to store all these various power in general. They know that settling much to burn. radioactive and proliferation-sensitive nu- the waste issue will open the door for the Freezing in the dark is not healthy for clear materials. The NTS is uniquely fitted construction of more nuclear power plants children and other living things, either.

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4703 It’s true that radioactive material takes a Phyllis was driving in Des Moines in criminals. Instead, this Republican long time to decay, but the consequences of broad daylight, on her way home from Congress has done much to strengthen deforesting a continent are pretty perma- work. She was suddenly the victim of a the criminal justice system on behalf nent, too. It makes sense to store spent nu- gunfight between two gangs of kids. A of victims instead. We passed major re- clear fuel in the safest place available, rath- er than leaving it where it is, but trying to stray bullet lodged in her body and forms, clamping down on frivolous pris- plan for thousands of years in the future is killed her. These punks had no regard oner lawsuits. This was in the budget wasted energy. for her innocent life, let alone their bill signed 2 weeks ago. One result is A civilization that maintains our current own. that prisons will again be more like modest level of technology should have no This tragedy stunned Des Moines. It prisons, and less like Marriott Hotels. more difficulty coping with the consequences drove home two points: And the antiterrorism bill signed 2 of using nuclear energy than it does with any First, you cannot hide from crime, week ago will make it easier to deport other kind. And without that much tech- nowadays. No one and no place is safe. criminal aliens. It also provides effec- nology, the human species will have far more It could be you next, or someone you serious things to worry about than what its tive death penalty measures, for a love. And second, dangerous criminals change. This is a provision President forebears buried deep under a mountain in are getting younger and younger. Re- Nevada. Clinton initially opposed and worked spect for life and property is dimin- against. But he was finally forced to Mr. MURKOWSKI. I thank the Chair. ishing earlier in the lives of our citi- I thank you for the time allotted to me accept it. His lieutenants went kicking zens. and screaming. and wish you a good day. The obvious question is, Why? Why is I suggest the absence of a quorum. it that there is no place to hide from Mr. President, this was the gist of The PRESIDING OFFICER (Mr. crime? Why is it that perpetrators of my comments in response to the Presi- GRASSLEY). The clerk will call the roll. violent crimes are getting younger and dent’s Saturday address. Following my The bill clerk proceeded to call the younger? remarks, the White House responded in roll. Much of the reason, I have observed, turn. I will now address the White Mr. GRASSLEY. Mr. President, I ask is this: House response to me. unanimous consent that the order for We have created a culture in our so- The Associated Press quoted a White the quorum call be rescinded. ciety that coddles the criminal. We House deputy press secretary, Ginny The PRESIDING OFFICER. Without talk the tough talk, we throw money Terzano, as saying the following: objection, it is so ordered. and resources at the problem, we throw The President has fought long and hard to Mr. GRASSLEY addressed the Chair. 30,000 cops on the street. After we’ve get a tough crime bill and to place 100,000 The PRESIDING OFFICER (Mr. done all that, what do we get? Violent more police officers on the streets. THOMAS). The Senator from Iowa. criminals are getting younger and Mr. President, the problem is a cul- Mr. GRASSLEY. Mr. President, I ask younger, and the violence can happen ture of coddling criminals. How does unanimous consent to speak for 12 min- to you or your loved ones anywhere, this statement by the White House re- utes as in morning business. anytime. assure the American people? How does The PRESIDING OFFICER. Without A culture that coddles the criminal, it reassure them that they won’t be objection, it is so ordered. Mr. President. That is what we have next to get caught in the crossfire of a got. In plain terms, we have got a bad f senseless gun battle, or some equally criminal justice system. It is upside senseless, violent act? THE VOID IN MORAL down. It seems that criminals have For one thing, the Clinton adminis- LEADERSHIP—PART VII more rights than victims. We handcuff tration worked to soften the crime bill, justice instead of crime. How can this Mr. GRASSLEY. Mr. President, the not make it tough. Remember? It was happen in America. larded up with social programs to cod- weekend before last, I had the privilege One reason younger people are com- of responding to the President’s Satur- dle the criminal. Remember midnight mitting more crimes may be that basketball? Second, more cops on the day radio address. word’s getting out that the system will Some of my colleagues may not have street is only part of the solution. be easy on them. What good do more cops do if the sys- heard my remarks. For their benefit, I Juveniles now account for nearly 20 tem keeps handcuffing the cops instead would like to paraphrase and expand percent of all violent crime arrests. If of the bad guys? You just have more upon what I said. the trend continues, that figure will cops with handcuffs on them, That is A few of my colleagues or their fam- double in 15 years. This is outrageous. ily members have had a brush with vio- When tragedies occur like what hap- all. lent crime here in our Nation’s Capital. pen to Phyllis Davis, communities pull Meanwhile, yesterday’s Washington Some assaults occurred in the streets together to respond. But they get ham- Post had a story showing that the nearby the Capitol Grounds, which are strung. The system undercuts them: number of Federal criminal cases in patroled by our own Capitol Hill Police Too many bad laws; too many soft-on- this administration have not gone up. Force. This reinforces to us that, if it crime judges; not enough moral leader- This, despite billings of dollars of in- can happen here, it can happen any- ship. creases in funding for the FBI, DEA, where. That is the problem, Mr. President. and U.S. attorneys. Imagine, Mr. President, that you are That is what causes the culture of cod- The article also suggests that the driving home from work after a busy dling criminals. First, liberal judges caseload has lacked effective manage- day in the Senate. All of a sudden, let dangerous offenders back on the ment within the law enforcement com- young kids pass you by in their cars. A streets; second, the Clinton Justice De- munity. You can put all the cops you gunfight breaks out just as they pass. partment has frustrated efforts to en- want in the streets. But if criminals A stray bullet comes crashing through force the death penalty. And more are not being prosecuted and kept in your car window. Suddenly, you are often than any previous administra- jail, how effective is your slumped over your steering wheel, tion, the Department intervenes in crimefighting? dead. You were caught in the crossfire cases on the side of convicted crimi- What the President should be doing of a senseless gun battle. nals. is addressing the real, underlying cause Although an unpleasant thought, it Third, our leaders in the White House of crime. He needs to attack the cul- is not hard for us in this body to relate have abandoned the bully pulpit in the ture that coddles criminals. For start- to the possibility of such a tragedy war or drugs. In the absence of moral ers, he could get a solicitor general happening here in Washington—the leadership, drug use among America’s who intervenes in cases on the side of murder capital of the country. But a youth is up dramatically. In fact, there victims, rather than using technical- similar tragedy happened just over 3 has been a 52-percent increase in drug ities to help out convicted criminals. weeks ago in Des Moines, IA, the cap- use by teenagers since President Clin- President Clinton’s solicitor did this in ital city of middle America. ton took office. United States versus Davis and again The victim’s name was Phyllis Davis. Republicans have waged a long battle in Cheely versus United States, to cite She was 42. against a legal system that coddles just two examples.

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4704 CONGRESSIONAL RECORD — SENATE May 6, 1996 Second, he should pick judges that do and I am certainly not unmindful of Americans are driving further, at high- not let criminals back on the streets the political season that is upon us. er speeds, in less fuel efficient vehicles. who should not be there; Repealing a tax—any tax—and particu- Supplies have been curtailed because of Third, he should crack the whip with larly a tax consumers are reminded of a longer winter that kept refiners pro- his Justice Department and find out every time they fill up their cars at the ducing heating oil longer than expected why large budget increases for the FBI, pump, is unarguably attractive as a and delayed their shift to gasoline, and DEA, and U.S. attorneys have not pro- matter of raw politics, but it is terrible fuel inventories were also allowed to duced more criminal prosecutions. as a matter of public policy. Just when remain low because of an anticipated Fourth, and most important, he we are beginning to make sustained release of oil from Iraq that has not should use the bully pulpit of the progress on bringing down the deficit, come to pass. White House to show moral authority just when we are within reach of actu- Mr. President, the fact of the matter in the war on drugs. ally balancing the budget in 7 years is that the recent price increases are Mr. President, this last point is the and making a serious and principled not due to a 4.3-cents-a-gallon tax in- most crucial of all. So much of crime— commitment to real fiscal responsi- crease that was put into law 3 years especially violent crime—is a function bility, we blink. We cannot take the ago. That 4.3-cents-a-gallon is no more of drug use and trafficking. Yet, the political heat. On something this im- responsible for the recent increase in President has been silent on the drug portant to our Nation and our chil- gas prices than it was responsible for issue until recently. He has said more dren’s future, if we take the heat we the low gasoline prices we have enjoyed about drugs the last 2 months than he ought to take President Truman’s ad- for the previous 2 years when the meas- did the last 3 years. It is a coincidence, vice and get out of the kitchen. ure was also in effect. I am sure, that this is an election year. We talk about a market economy, If we take the oil companies at their But when you look behind the rhet- but we won’t let the market work. The word that recent gas prices are the re- oric, and look instead at the record, Federal Government has an important sult of demand outstripping supply, the President has a lot of explaining to role to play in our lives, but it cannot then the last thing that we should be do. Why has the number of high school and should not attempt to solve every considering is a repeal of the 4.3-cents- seniors using drugs frequently in- problem we confront—particularly a-gallon tax, further pushing up de- creased by 52 percent since this Presi- when to save the average motorist $27 mand. For those of us who believe that dent took office? Why did he cut the per year we move in precisely the a higher gasoline tax is a necessary ele- drug office staff by 83 percent, and wrong direction on the more important ment of sound public policy because it decimate its budget? challenges of energy independence, na- encourages conservation and reduces I would argue it is because he aban- tional security, and fiscal responsi- our dependence on foreign oil, a repeal doned the bully pulpit. He declared a bility—and send the wrong signals to of this tax would be totally inappro- time-out in the war on drugs while the our allies and others around the world priate. bad guys kept on playing. In short, he about whether we are serious. Mr. President, I was one of several created a void in moral leadership on I hope a majority of our colleagues colleagues recently recognized by the this issue. will have the political courage to resist Concord Coalition as being willing to And now, all the progress we made what will undoubtedly be an extremely make the tough choices, and I intend during the 1980’s in fighting drug use popular bill. If we do not, that the to continue making them, despite the are being reversed. It is just mind-bog- President will be willing to dem- political downside. I fully understand gling. onstrate the intestinal fortitude we that rejecting politically popular tax When it comes to fighting crime, the lack—as he did in proposing the tax in cuts in an election year represents a President seems to be playing in the the first place. tough choice for legislators, even if wrong arena. He is not playing in the In my view, a $30 billion tax repeal this tax repeal would involve less than same arena that he talks about. People shouldn’t even be considered in the ab- $30 a year for the average motorist. are out there driving in their cars, sence of meaningful action on our long- But if there is a good public policy rea- wondering if they could be next. And term budget problems. The 1993 deficit son for the tax in the first place and a the moral leadership on this issue that reduction package, which contained repeal will not be likely to dramati- the People are looking for from their this modest gas tax, and had no sup- cally affect the perceived problem, it leader in Washington is absent. port on the other side of the aisle, has should not be that tough a choice. For In my view, Congress will have to made a substantial dent in our annual these reasons, I would encourage my continue playing the lead role in turn- deficits, making balance in 7 years pos- colleagues to join me in opposing the ing our criminal justice system right- sible. In the absence of that deficit re- proposed repeal of the 4.3-cents-a-gal- side up. We need to protect the victims duction effort, we probably would not lon tax on gasoline. of crime once again, instead of cod- be discussing seriously the idea of ac- With that, Mr. President, I yield the dling criminals. tually reaching balance in such a rel- floor. We could build a strong partnership atively short period. The PRESIDING OFFICER. Under in this effort, if only the President Even with that 1993 effort, however, the previous order, there will now be a would joint us. Until then, this Con- trying to reach balance has been a period for the transaction of morning gress will continue to battle the sys- monumental task. A number of us in business not to extend beyond the hour tem that handcuffs justice rather than the bipartisan group of Senators re- of 3 p.m. with Senators permitted to crime. ferred to as the Centrist Coalition have speak therein for not to exceed 5 min- Mr. ROBB. Mr. President, I request been working for months to find a bal- utes each. that I be allowed to proceed in morning anced budget compromise, and a repeal The Democratic leader, Mr. DASCHLE, business for up to 10 minutes. of the 4.3-cents-a-gallon tax will only or his designee, is recognized to speak The PRESIDING OFFICER (Mr. complicate our efforts to balance the for up to 90 minutes, and the Senator GRASSLEY). Without objection, it is so Federal budget by sometime early in from Georgia, Mr. COVERDELL, or his ordered. the next century. designee, is recognized to speak for up f Not only would the repeal move us in to 90 minutes. the wrong direction as far as balancing The Chair recognizes the Senator GAS TAX REPEAL A MISTAKE the budget is concerned, it would not from Georgia. Mr. ROBB. Mr. President, I rise to solve the problem of higher gasoline Mr. COVERDELL. Mr. President, my address the majority leader’s an- prices. If the energy companies are cul- understanding is that my designated nounced intention to introduce legisla- pable, I have no desire to take them off time began, or should have begun at tion that would repeal the 4.3-cents-a- the hook, but prices have been rising 1:30. I am going to ask unanimous con- gallon tax on gasoline that this body because the demand for fuel has been sent that my designated time begin at passed as part of the 1993 budget bill. I rising while production has fallen short 1:42 in order to accommodate my col- have a very high personal and profes- of this need. Quite simply, the evidence league who wishes to make a brief sional regard for our majority leader suggests that demand is rising as statement.

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4705 The PRESIDING OFFICER. Without ARMEY, are talking about when the another tax burden, another regulatory objection, it is so ordered. first place they look to try to make up burden on the backs of the working Mr. BINGAMAN addressed the Chair. revenue is to further cut education. families. The PRESIDING OFFICER. The I think in the long term our country Most Americans—in fact, in survey Chair recognizes the Senator from New is only as strong as the next genera- data every social strata of our coun- Mexico. tion, and we are only as smart as the try—feel that the appropriate tax bur- Mr. BINGAMAN. Mr. President, I next generation. If we cut out the den should be 25 percent. It does not thank my colleague for the courtesy. I funds needed to educate that next gen- matter whether you ask the very did want to make a brief statement. I eration, I am persuaded that we are wealthy family or the poorest family. do not think I will take a full 8 min- going against the will of the American It is fascinating; they all come to the utes. people, we are going against our own same number, that the burden of gov- f best interests, and we are showing very ernment, their willingness to con- serious shortsightedness, which I think REVENUE LOST FROM REPEAL OF tribute, is about 25 percent. we will come to regret. GAS TAX Mr. President, I contrast this article, Tomorrow is May 7. It is an impor- Mr. BINGAMAN. Mr. President, there which, as I say, was in this morning’s tant day in America, because May 7, was an item in the morning paper that paper here in Washington, with an arti- believe it or not—I would never have caused me to come to the Senate floor cle that came out a little over a week believed I would be in the Senate talk- to speak briefly and alert my col- ago, on April 27, also in the Wash- ing about this kind of crisis, but May 7 leagues to a serious concern which I ington Post. It was entitled, ‘‘Latinos is the first day for which an American have. The article was entitled ‘‘Armey: Want D.C. School To Stay Open.’’ family can earn money and resources Cheap Fuel Via Education Cuts.’’ Let me just read a little bit of that for its own dreams. Every other day ‘‘House Leader Suggests Way To Offset article for my colleagues. It said: from January 1 through March 15, Cost of Gasoline Tax Repeal.’’ About 400 people picketed the District of April, you name it, all of those wages The first three short paragraphs say: Columbia Board of Education offices yester- that were earned on all of those work- House Majority Leader Richard K. Armey, day, protesting a recommendation by School ing days are taken from the family. Republican from Texas, yesterday suggested Superintendent Franklin L. Smith to close They are taken by the Federal Govern- that the revenue lost from a repeal of the the Carlos Rosario Adult Education Center. ment at about 25 percent, some much 1993 gasoline tax could be offset by cutting The demonstrators circled the block in higher, they are taken by the State spending on education. ‘‘Maybe we ought to front of the Presidential building . . . chant- ing ‘‘We want to learn English!’’ Some held and local government 10 to 12 percent, take another look at the amount of money and I might add May 7 does not include we are spending on education,’’ Armey said bullhorns, others carried signs asking drivers on the NBC’s ‘‘Meet the Press:’’ ‘‘There is a to honk in support of the program. the regulatory costs to every American place where we are getting a declining value ‘‘We see it as an issue of discrimination family, which is now about $6,800 a for an increased dollar. It’s in education. If against Latin immigrants,’’ said Arnoldo year. in fact we can get some discipline in the use Ramos, Director of the Council of Latino Agencies. ‘‘This is the only adult education I think of that fellow who gets up, of our education dollar, I think we can make his wife who gets up, and they get the up the difference,’’ Armey said. center serving Latinos. By closing this pro- gram, they are sending a message that kids; they take them to school; they Mr. President, my reaction to this Latinos don’t matter and that we should get to their two jobs, which are nec- article when I read it was, ‘‘Here they continue serving tables, continue picking up essary now primarily because of the go again.’’ garbage and having the lowest positions in new tax burden on the American fam- We spent much of last year in this society.’’ ily; they go day after day like that Several students said that without Congress trying to hold off proposed working through the struggles of life, cuts in the education budget. The Rosario, it would be difficult to continue to learn English, which they say is their only and until May 7 not a dime is available budget resolution as first presented ticket to a better life. to house that family, to buy the home, here called for $18.6 billion being cut Mr. President, this article should to transport the family, to feed the from student aid over a 7-year period, bring home to us the importance that family, to educate the family —all the and $26 billion being cut from K education has for the average people of things we ask the American family to through 12 levels of education over this country. Education is not only do for America: Raise the country. that 7-year period. their only ticket to a better life; it is Raise the country. But until May 7, There was a proposal to zero out the ticket that our children have to a they do not have a dime for their own funding for direct student loans, and better life as well. dreams. They are sending all of those proposals to zero out funding for Mr. President, I urge my colleagues wages between January 1 and May 7 to School to Work, for Goals 2000, and for to reject the recommendation of the some policy wonk somewhere with the national service. House majority leader in looking first task of rededicating where that money Mr. President, those fights are now at education as a place to further cut ought to go and what its priorities behind us. But unfortunately, even the Federal budget. ought to be. today, we see that to some extent the Mr. President, I yield the floor. efforts to cut back on education have We just heard a presentation by my Mr. COVERDELL addressed the colleague on the other side of the aisle succeeded. In the final appropriations Chair. bill that was signed into law 10 days that it would be the opposite of coura- The PRESIDING OFFICER. The Sen- geous if we were to repeal this tax. We ago by the President, there are still ator from Georgia is recognized. cuts in education. have a long way to go to get tax free- f There is a 6-percent cut in the Goals dom day back from May 7 to where it 2000 funding. There is a 9-percent cut in TAX FREEDOM DAY appropriately ought to be. Every op- portunity we have to lower that bur- telecommunications for math funding. Mr. COVERDELL. Mr. President, I den, in my judgment, is appropriate. There is an 8-percent cut in library was glad I had an opportunity to be That gas tax costs the average family construction funding. There is a 15-per- here for at least the last portion of the of four about $100—$100 a year. cent cut in the funds for magnet presentation by my good colleague and schools, a 27-percent cut in technical friend from Virginia where he was ad- More importantly, the lowest 20 per- assistance center funding, a 7-percent monishing us to be courageous and to cent of taxpayers pay over 7 percent of cut in adult education budgets. In Per- avoid the proposal to repeal the gas their income on gasoline. If we are con- kins loans there is a 41-percent cut, tax. cerned about those who are disadvan- and in State student incentive grants It is my intention to support the re- taged, we ought to be concerned about there is a 50-percent cut. peal of the gas tax, and, frankly, I be- lowering the burden on them, letting Mr. President, my own view is that lieve America is looking for a very dif- them keep those resources to do the this is a very, very mistaken set of pri- ferent kind of courage today. things they need to do. The wealthy orities that this Congress and that the I do not think they are looking for only pay 1.6 percent of their income on majority leader in the House, RICHARD courage to keep adding another burden, gasoline. This repeal of that gas tax

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4706 CONGRESSIONAL RECORD — SENATE May 6, 1996 primarily helps the more disadvan- States does not believe he or she is get- Mr. COVERDELL. Mr. President, I taged in our society. It has some auxil- ting his or her money’s worth out of compliment my colleague from Wash- iary effect on those who have more re- the money earned until May 7 and ington for his remarks. I particularly sources. But we have such a long way turned over to Government. agree with his context that it had been to go, Mr. President, to get this eco- That citizen is correct. Our citizens the theory of this administration—and nomic burden down. It is already dou- are not getting their money’s worth we saw this all too clearly when they ble what it ought to be when you add in from this investment in Government, tried to federalize or create Govern- the reg reforms. and the great struggle here in the Con- ment-run medicine—that they believe A family should not be working until gress of the United States and with that they know better how to manage May 7 or June or July —officially it is this administration is over whether or the relationship between an employer May 7—for the Government. So I take not those burdens, both from the per- and employee; they know better how to exception to the suggestion that you spective of taxes and regulation, should set the priorities for the local mayor or lack some courage if you come to the be increased or decreased. This admin- county commissioner. Now it has got- floor and fight for lowering the eco- istration, for all of its rhetoric about ten to the point that they know better nomic pressure on American families, smaller Government, is a liberal ad- how to manage the financial resources American communities, and American ministration which believes that its of the American family. It is a very businesses. That is exactly what Amer- judgments as to how we should spend elitist point of view, in my judgment. our money are better than our own; ica is asking us to do, to have the cour- This country was founded on the belief that Government bureaucrats can set age to shrink up this Federal Govern- in the individual and the entrepre- priorities for spending better than can ment. neurial spirit that comes from a free individual citizens of the United With that, Mr. President, I should individual. That is what made this States. And I am convinced that that like to yield up to 10 minutes to my country. thought is perhaps the single most im- colleague from Washington. Look at countries around the world portant reason that people resent Gov- The PRESIDING OFFICER. The that have had central or statist gov- ernment and do not trust those whom Chair recognizes the Senator from ernments, like we have been working they elect to govern them. People do Washington for up to 10 minutes. our way to here, and it is never a pret- not believe that Washington, DC, bu- Mr. GORTON. Mr. President, as my ty picture. I was Director of the U.S. reaucrats are smarter than they are distinguished friend from Georgia has Peace Corps for a considerable period and know more than they do about how said, tomorrow, May 7, 1996, is tax free- of time, during the Bush administra- their money ought to be spent. And the dom day. tion, and was one of the first Ameri- people are right. The people are right. What is tax freedom day? Stated sim- cans over the wall. It was not a pretty They do not. ply, it is the day on which the average picture. It was a classic example of There are, of course, many appro- American taxpayer stops working for what central and statist governments the Government and begins working priate functions of Government. There are a few functions, especially the clos- do for people. for himself or herself. It is a dramatic I remember one night in particular I er Government gets to the people, the way of pointing out that if we divide was in Sophia, Bulgaria. The Ambas- more it is localized, that in fact are the share of the income of each one of sador asked if we wanted to go to a run effectively. But the people do not us as an average American into parts, local opera, and I passed and decided to believe that Washington, DC, is run ef- the share that goes to Government will walk through the city. They had been ficiently and effectively, and the peo- take us from January 1 to May 7 to operating under this central govern- ple are right. earn and to pay to those governments So, as we did last year, in spite of the ment for, I guess, nearly half a cen- and that only after May 7 are we work- frustrations of vetoes from the Presi- tury. It is such a vivid memory. First ing for ourselves. dent of the United States—we on this of all, when I went through the depart- Again, this is an average. For some, side of the aisle and thinking Members ment store I saw they had a shelf and tax freedom day comes a little earlier; on the other side of the aisle this year it would have one glass on it, on the for others it comes a little later. I re- will attempt to lower that burden of entire shelf. And then I would move to gret to say for the citizens of Wash- taxation on the American people. the next display and it would have one ington State whom I represent, it Whether through a lowered gas tax or a item on the entire shelf. They had no comes a little later. It comes on May family income tax credit or better goods. 10. Why? Because, of course, we are treatment of investments which create I walked probably 5 miles, and this is talking about the burden imposed on new jobs, we will attempt to lower that the key, I never saw a single adult the people of this country by all levels burden. We will act on the philosophy smile—not one. There was not a smile of our Government, here in Wash- that, by and large, people as individ- on the face of a single person. They had ington, DC, and our State and local uals know better how their money a flea market, or a food market, and governments as well. should be spent than do the bureau- they had three vegetables; and they Mr. President, does it not boggle the crats here in Washington, DC. had a line that was 4 blocks long so you mind to think that governments take If we are able to come back to this could line up and get the same piece of this much of what we earn by our hard floor next year, even to say that tax meat when you got to the window. work for its own purposes? freedom day is on the 3d of May rather A planned government planned for It is vitally important that people than the 7th of May, or the 4th of May everything. They planned for all their learn we are already well through the rather than the 7th of May, we will businesses, all their communities, and spring of 1996 before we have earned have done what the American people they had gotten to the point where that portion of our income which goes want. We will have acted correctly. We they literally ran everybody’s family. to our governments. will, not at all incidentally, have over- It was not a pretty picture. As my distinguished friend from come the objections of the President of The American people are the most Georgia also said, if we add the very the United States, and we will at least entrepreneurial, flexible, energetic of real burdens caused by higher interest be on the road toward an appropriate any in the world. But we have lost rates, which are themselves the result balance between the impact of govern- some of our edge, because we have been in part of our huge national debt and ment on our pocketbooks and on our piling up one burden after another, to all the interest we must pay on that day-to-day lives, in exactly the fashion the point that we are now asking these national debt, and the cost of regula- that we were meant to be when the families that work from January 1 to tion, we go into early July before we people of the United States elected us May 7—it is actually July 3, if you add have discharged the real burden im- to these offices. in the regulatory costs they have to posed on us by Government and begin May 7 is tax freedom day. May 7 is pay. Again, I thank the Senator from to work for ourselves. far too late a date in the year for that Washington. It is actually July 3, but This is a burden that is too great, notable event to take place. we take deep note of May 7 because even if we ignore interest and regula- The PRESIDING OFFICER. Who that is the actual day that you start tion. The average citizen of the United yields time? earning resources for your own family

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4707 and not the government, which takes government. I do not make this point level of taxation since 1982. Ronald me back to the snapshot of a Georgia to say that all government is evil. Not Reagan brought it down. His tax cuts family. all government is evil, but if workers did not go into effect really until 1983. I was curious, in all this debate we are working for government, they are So now we have taxes going up because have, with regard to the economic pres- not working for themselves. As govern- of President Clinton, because of his tax sures on an average family, just what ment power grows and increases, that increase. was the situation in my own State. I means their freedom is diminished. If A lot of us believe President Clinton have alluded to this several times. It is you have individuals working a third of was right in Houston when he said, certainly appropriate to talk about the time for government, then they are ‘‘You know, I think I raised taxes too that family here today, when we are not working for their families, and much,’’ or ‘‘You might be surprised to talking about tax freedom day being they are not able to take care of their find I agree with you, I think I raised May 7. That Georgia family earns families. taxes too much.’’ A lot of us agreed about $45,000—$45,093. Both parents It is a very important and, in my with him, and so we wanted to help work and they have a couple of chil- opinion, kind of a sad fact that as gov- correct that. dren. Their total Federal tax on that ernment power continues to increase, Last year, we did pass a balanced income, direct and indirect, is $9,511. people’s freedom continues to decrease. budget package that not only balanced The total State and local taxes are We need to reverse that. the budget but offered modest tax re- $5,234, or $14,745 right off the top of the Unfortunately, this President has lief for American families. We deliv- $45,000 they are paying out in taxes. made it worse. This President has ered on our promise. We said, ‘‘We’re The estimated cost of Federal regula- made tax freedom day later and later going to give tax relief to children. tion on that family is $6,615; over $500 in the year because he vetoed a tax re- We’re going to give a $500 tax credit for a month. That is more than a car pay- duction effort that Congress passed. families with children under the age of ment or a student loan. You are paying But even more important than that, he 18.’’ for your share of the growing regu- signed the largest tax increase in his- President Clinton said he was going latory apparatus. tory. In 1993, President Clinton signed to do the same thing in 1992, but he did This family in Georgia is paying ex- a tax bill that increased taxes and user not deliver. In his proposal before Con- cess family interest payments, which fees $265 billion over 5 years, the larg- gress, he said, ‘‘I have a children’s tax are caused by excessive Federal bor- est tax increase in history. credit too,’’ but what he does not tell rowing. We have just lifted the Federal Keep in mind, President Clinton as a people is the children only get the tax debt ceiling to $5.5 trillion, so that candidate said he was going to cut credit if they are up to age 12, not if pushes interest rates up on everyone— taxes. I remember when he was cam- they are 13, 14, 15, 16. I hate to tell the the interest on their home, the interest paigning in New Hampshire. He said President this, but they cost a lot of on their car, the student loan: $2,011. something like, ‘‘Yes, we’re going to money at those ages, too. As a matter So the net effect is, of the $45,000, have a tax reduction for families; we’re of fact, it is at those ages that you may $23,371 has been removed from that going to have a per-child tax credit.’’ start getting ready for college. family, taken by government or gov- He did not deliver. The Republican budget allowed indi- ernment action, leaving them about 50 He never said anything on the cam- viduals, if they have kids, to save $500 percent of the gross income to do all paign trail in 1992 about increasing gas- per child, and the families get to keep the things, as I said, we ask them to oline taxes, but that is exactly what he it. So the families get to make deci- do. It is no wonder that American fam- did. As a matter of fact, during his first sions on education. If the families want ilies all across our land, therefore, are year in office, not only did he pass the to, they can take the $500 and put it saying this government spending and largest tax increase in history, but into a savings account to save for that government debt and government man- passed a tax increase that hit all Amer- child’s education. President Clinton ve- agement has gotten out of hand. In- toed it. deed, it has. ican families. At the time they were President Clinton vetoed a tax bill I am going to yield to my colleague playing class warfare and saying this that would have helped the economy. from Oklahoma in 1 second. I would was just going to hit the rich—and it just say what is particularly important did, they hit the rich pretty hard, but We would have reduced the tax on cap- about this is this administration has they also raised taxes on all Ameri- ital gains, because we know that not added about $200 to $225 a month in ad- cans. only will that raise more money for the ditional economic burden on this Geor- But also there is a gasoline tax. A Federal Government, but it will help gia family, and families all across the gasoline tax is not just for the wealthy; stimulate the economy. The capital country, which is why I find it very dif- that is for anybody who drives a car. I gains tax is really a tax on a capital ficult to understand the presentation have four kids, all of whom are driving transaction. If it is reduced—and the that says you are courageous if you re- and paying that 4.3 cents a gallon. It is United States has one of the highest inforce this burden on the American not inexpensive. It makes a difference. taxes on capital gains of any of the in- family, as my colleague from Virginia My point being, President Clinton’s dustrialized countries—if we reduce it, said a moment ago. tax increase hit all American families. we are going to have more trans- With that, Mr. President, I yield up He increased taxes on couples who re- actions, more capital moving through- to 10 minutes to the Senator from ceive Social Security. Their Social Se- out the economy, more capital going Oklahoma. curity used to be taxed at 50 percent. where it can be used most efficiently, The PRESIDING OFFICER (Mr. GOR- He increased it to 85 percent, a big hit most effectively and it will help stimu- TON). The Senator from Oklahoma is for individuals who had incomes above late the economy. recognized. $34,000. A big tax increase. President Kennedy did that in the Mr. NICKLES. Mr. President, I com- I remember listening to my father- early sixties, and it helped. It raised pliment my friend from Georgia for his in-law, who was adversely affected by more money. President Kennedy was leadership on this and many other this. It cost him well over $1,000 a year. right when he said a rising tide will lift issues. Thank you very much, President Clin- all boats, and the Republican majority Today, we are announcing to the ton. He did not ask for that with his wanted to do that. But President Clin- American people that tomorrow, May vote, and he was not told during the ton vetoed it, and he was wrong in 7, is tax freedom day. That means that campaign that he was going to have a vetoing it. the average American worker had to big tax increase, and certainly he was Congress passed a reduction in the work from January 1 through May 7 for middle-income America. inheritance tax for farmers and family government—for the Federal Govern- My point being, President Clinton, business owners, and others, so they ment, State government, and local gov- instead of reducing the tax burden on could keep more of their hard-earned ernment. May 7 is the latest tax free- American families, has increased the money, so they would not have to sell dom day ever. tax burden. Now today total tax re- their estate to pay an inheritance tax, For the average American worker, ceipts will hit a record 19.4 percent of a very positive provision, supported 34.8 percent of their income goes to the gross domestic product, the highest overwhelmingly by this Congress.

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4708 CONGRESSIONAL RECORD — SENATE May 6, 1996 President Clinton vetoed it, and he was Some people say, those are in con- not aware of how fast Government wrong in doing so. trary positions to each other. I do not spending and taxation is growing. One Congress passed enhanced IRA’s, in- think so. Certainly not. If you take a of them that I am going to allude to dividual retirement accounts, so we position that we have to balance the maybe surprises people, but it deals could encourage people to save. We budget before we have any tax cuts you with payroll taxes. Payroll taxes have would use the Tax Code to help people will never pass any tax cuts because been skyrocketing. start saving for their retirement: people in this Congress will keep I heard some people say maybe it ‘‘Don’t depend solely on Social Secu- spending more money. There is no should be exempt from the constitu- rity; don’t depend solely on a company limit to the appetite of some people in tional amendment or maybe we should retirement account; save for your re- Congress and this administration for not count Social Security or Medicare tirement.’’ We enhanced that. spending money. You are a lot more because those are trust funds. Mr. We doubled, basically, the income at popular spending money than you are President, those programs are funded which people would be eligible to re- taking it away. by payroll taxes. If you work, and you ceive a tax deduction for their IRA So I do not agree with that philos- get your W–2, you find Uncle Sam contribution. This was really a family ophy—and I am probably as frugal or takes out individual income taxes, and benefit, and it was really a family ben- as fiscally conservative as anybody— he also takes out payroll taxes for So- efit for middle-income workers. The but I think we should give tax relief cial Security and for Medicare’s hos- benefit right now applies to people and balance the budget and do it simul- pital fund. with incomes of about some $20,000. We taneously. Let us balance the budget. Mr. President, I ask for an additional doubled that amount. It would not help Let us limit the revenue of the Govern- 2 minutes. the very wealthy, but it certainly ment. Let us pass a constitutional Mr. COVERDELL. I yield another 2 would have helped the hard-working amendment that says you cannot spend minutes to the Senator from Okla- wage earner who wanted to start sav- any more than you take in. That homa. The PRESIDING OFFICER. The Sen- ing more, and we do not save near makes sense. That is what most Ameri- ator from Oklahoma. enough in this country. cans do. Mr. NICKLES. I urge my colleagues Congress passed medical savings ac- The House passed a balanced budget to just look at the growth in these counts, because we recognized that a constitutional amendment last year. taxes. The payroll taxes alone have lot of people do not get benefits from The Senate came one vote short. I hope just exploded. If I put in the maximum the Tax Code to encourage health care, that soon, maybe this week, we will total contribution under payroll taxes, and medical savings accounts would again be considering a constitutional in 1960 that total for Social Security— have allowed individuals the oppor- amendment to balance the budget. I this includes hospital or Medicare tunity to put in some before-tax dol- hope some of my colleagues who voted taxes—the maximum tax that anybody lars to help pay for health care costs. against that balanced budget amend- put in 1960 was $144. Keep in mind, the If you work for a big corporation, ment will reconsider. Some of our col- system started quite a bit earlier, but you do not need it because maybe the leagues on the Democrat side of the the maximum tax was $144. big corporation pays for all your health aisle said, ‘‘Well, I’m not going to vote In 1970, the maximum tax was $374. care and the individual gets it tax free. for the balanced budget amendment This is just for the employee. The em- Congress helped the self-employed. until I see a real balanced budget ployer has to match this. In 1980, it We increased the self-employed deduc- plan.’’ I think we ought to do it any- really increased substantially and went tion from 30 to 50 percent. Recently, we way. We did it anyway in Congress, but from $374 in 1970 to $1,588 in 1980. Wow, just passed legislation to increase that unfortunately the President vetoed it. it went up about four, five times. Be- to 80 percent. I hope now they realize it can be done. tween 1980 and 1990 it went from $1,588 But under our bill, we had medical I have heard President Clinton now to almost $4,000—$3,924. Keep in mind, savings accounts that also would have say that he supports a balanced budget. your employer is matching that. So for helped the individual who does not I hope that my colleagues on the Dem- an individual—that is maximum; in work. They need some help too. This ocrat side, most all of whom voted that case somebody was making would have helped them pay for their against a balanced budget amendment, $135,000, I think—they were paying al- health care. It was good policy. Unfor- will reconsider. I want to compliment most $4,000 and the employer was pay- tunately, the President vetoed it. Senator SIMON, and others, who are ing almost $4,000. That is $8,000, a big Congress passed a provision that working to try and make that happen. increase. would have phased out and eliminated It has to be a bipartisan vote to make It continues to explode. By the year the so-called marriage penalty, where it happen. We have to have 67 votes. I 2000, for that person still making right now it is financially to a couple’s hope my colleagues realize the gravity $135,000 it goes up to $6,496, almost detriment, if you have two wage earn- of the situation. We cannot continue to $6,500, with a total cost of $13,000 put in ers, to file a joint return, to file as a pile up debt after debt. for a person to pay these Social Secu- married couple. It makes no sense. It is We passed entitlement reform last rity taxes. My point being, this is just wrong. It is inequitable. The Tax Code year, but the President vetoed it. I a payroll tax. But this tables shows, if should not be encouraging divorce or think he was wrong in doing so. I am you look at it on a curve, that Social separate filings. Congress phased the afraid it is going to take a constitu- Security taxes have gone up tremen- penalty out. Unfortunately, the Presi- tional mandate to tell us we cannot dously. The same thing for Medicare dent vetoed it. spend any more than we take in and taxes, they just exploded. Yet, the Congress passed spousal IRA’s, recog- that we have sound fiscal policies in Medicare fund is still going broke. Yet, nizing that spouses work, whether it is this country. I think at the same time, Social Security still has a real funding at a job or at home—we know that they we need to be cognizant of the fact that problem. In the year 2013 it is esti- are working. So we had spousal IRA’s taxpayers are taking it on the chin. mated to pay out more than it takes so the spouse could also accumulate Taxpayers need relief. Taxpayers are in. some money and savings in their own kind of bothered by the fact that they So my point is, Mr. President, some name, a very positive provision that have to work over a third of the time, people want to ignore payroll taxes. I would have helped a lot of people all an average American family has to disagree. Ask any wage earner—ask my across the country. Unfortunately, work over a third of the year for Gov- son; ask my daughter—who are paying President Clinton vetoed it. Well, he ernment; not for themselves, not for these taxes. These taxes are high and was wrong in vetoing that. their family and not for their family’s they are getting higher. That means Mr. President, taxes are too high. future, but for Uncle Sam and for State people have to work longer before they Government does spend too much government and for local government. can take enough home to take care of money. People should not have to work We need to reverse that. their needs and their family and their 34.8 percent of their time for govern- Mr. President, I am going to put a future. ment. So we do need tax relief. We need couple of tables into the RECORD be- So, Mr. President, I think we have to to balance the budget. cause I think a lot of times people are be cognizant of the American working

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4709 family. I am very critical of President PAYROLL TAX DATA FOR EMPLOYEES AND EMPLOYERS PAYROLL TAX DATA FOR EMPLOYEES AND EMPLOYERS— Clinton for vetoing our tax reduction Continued Maximum annual contribution— effort and for pushing through the larg- Maximum annual contribution— est tax increase in history. He is re- Total OASI DI HI sponsible for the fact that a lot of peo- 1950 ...... 30 30 n/a n/a Total OASI DI HI 1951 ...... 54 54 n/a n/a ple have to work a lot longer for Gov- 1952 ...... 54 54 n/a n/a 1979 ...... 1,404 992 172 240 ernment instead of themselves. We 1953 ...... 54 54 n/a n/a 1980 ...... 1,588 1,171 145 272 1954 ...... 72 72 n/a n/a 1981 ...... 1,975 1,396 193 386 need to reverse that. I hope that Con- 1955 ...... 84 84 n/a n/a 1982 ...... 2,171 1,482 267 421 1956 ...... 84 84 n/a n/a 1983 ...... 2,392 1,705 223 464 gress this year, soon, will pass tax re- 1957 ...... 95 84 11 n/a 1984 ...... 2,646 1,966 189 491 1958 ...... 95 84 11 n/a 1985 ...... 2,792 2,059 198 535 duction for American families. I thank 1959 ...... 120 108 12 n/a 1986 ...... 3,003 2,184 210 609 my colleague from Georgia and I yield 1960 ...... 144 132 12 n/a 1987 ...... 3,132 2,278 219 635 1961 ...... 144 132 12 n/a 1988 ...... 3,380 2,489 239 653 the floor. 1962 ...... 150 138 12 n/a 1989 ...... 3,605 2,654 254 696 1963 ...... 174 162 12 n/a 1990 ...... 3,924 2,873 308 744 The PRESIDING OFFICER. Did the 1964 ...... 174 162 12 n/a 1991 ...... 5,123 2,990 320 1,813 Senator ask unanimous consent to 1965 ...... 174 162 12 n/a 1992 ...... 5,329 3,108 333 1,888 1966 ...... 277 231 23 23 1993 ...... 5,529 3,226 346 1,958 have material printed in the RECORD? 1967 ...... 290 234 23 33 1994 1 ...... 5,715 3,394 364 1,958 1968 ...... 343 259 37 47 1995 1 ...... 5,752 3,427 367 1,958 Mr. NICKLES. Mr. President, I ask 1969 ...... 374 291 37 47 1 1970 ...... 374 285 43 47 1996 ...... 5,864 3,528 378 1,958 1997 1 ...... 5,975 3,629 389 1,958 unanimous consent to have a couple of 1971 ...... 406 316 43 47 1 1972 ...... 468 365 50 54 1998 ...... 6,143 3,780 405 1,958 charts printed in the RECORD. 1973 ...... 632 464 59 108 1999 1 ...... 6,310 3,931 421 1,958 2000 1 ...... 6,496 4,019 520 1,958 There being no objection, the mate- 1974 ...... 772 578 76 119 1975 ...... 825 617 81 127 1 rial was ordered to be printed in the 1976 ...... 895 669 88 138 HI wage base cap was eliminated in 1993, but this table assumes it 1977 ...... 965 722 95 149 was continued at $135,000. RECORD, follows: 1978 ...... 1,071 757 137 177 Source: Social Security Administration. PAYROLL TAX DATA FOR EMPLOYEES AND EMPLOYERS

OASDI HI Tax rates (percent)— Wage base Wage base Total OASI DI HI

1950 ...... 3,000 n/a 1.000 1.000 n/a n/a 1951 ...... 3,600 n/a 1.500 1.500 n/a n/a 1952 ...... 3,600 n/a 1.500 1.500 n/a n/a 1953 ...... 3,600 n/a 1.500 1.500 n/a n/a 1954 ...... 3,600 n/a 2.000 2.000 n/a n/a 1955 ...... 4,200 n/a 2.000 2.000 n/a n/a 1956 ...... 4,200 n/a 2.000 2.000 n/a n/a 1957 ...... 4,200 n/a 2.250 2.000 n/a n/a 1958 ...... 4,200 n/a 2.250 2.000 .250 n/a 1959 ...... 4,800 n/a 2.500 2.250 .250 n/a 1960 ...... 4,800 n/a 3.000 2.750 .250 n/a 1961 ...... 4,800 n/a 3.000 2.750 .250 n/a 1962 ...... 4,800 n/a 3.125 2.875 .250 n/a 1963 ...... 4,800 n/a 3.625 3.375 .250 n/a 1964 ...... 4,800 n/a 3.625 3.375 .250 n/a 1965 ...... 4,800 n/a 3.625 3.375 .250 n/a 1966 ...... 6,600 6,600 4.200 3.500 .350 0.350 1967 ...... 6,600 6,600 4,400 3.550 .350 .500 1968 ...... 7,800 7,800 4.400 3.325 .475 .600 1969 ...... 7,800 7,800 4.800 3,725 .475 .600 1970 ...... 7,800 7,800 4.800 3.650 .550 .600 1971 ...... 7,800 7,800 5.200 4.050 .550 .600 1972 ...... 9,000 9,000 5.200 4.050 .550 .600 1973 ...... 10,800 10,800 5.850 4.300 .550 1.000 1974 ...... 13,200 13,200 5.850 4.375 .575 .900 1975 ...... 14,100 14,100 5.850 4.375 .575 .900 1976 ...... 15,300 15,300 5.850 4.375 .575 .900 1977 ...... 16,500 16,500 5.850 4.375 .575 .900 1978 ...... 17,700 17,700 6.050 4.275 .775 1.000 1979 ...... 22,900 22,900 6.130 4.330 .750 1.050 1980 ...... 25,900 25,900 6.130 4.520 .560 1.050 1981 ...... 29,700 29,700 6.650 4.700 .650 1.300 1982 ...... 32,400 32,400 6.700 4.575 .825 1.300 1983 ...... 35,700 35,700 6.700 4.775 .625 1.300 1984 ...... 37,800 37,800 7.000 5.200 .500 1.300 1985 ...... 39,600 39,600 7.050 5.200 .500 1.350 1986 ...... 42,000 42,000 7.150 5.200 .500 1.450 1987 ...... 43,800 43,800 7.150 5.200 .500 1.450 1988 ...... 45,000 45,000 7.510 5.530 .530 1.450 1989 ...... 48,000 48,000 7.510 5.530 .530 1.450 1990 ...... 51,300 51,300 7.650 5.600 .600 1.450 1991 ...... 53,400 125,000 7.650 5.600 .600 1.450 1992 ...... 55,500 130,200 7.650 5.600 .600 1.450 1993 ...... 57,600 135,000 7.650 5.600 .600 1.450 1994 ...... 60,600 no limit 7.650 5.600 .600 1.450 1995 ...... 61,200 no limit 7.650 5.600 .600 1.450 1996 ...... 63,000 no limit 7.650 5.600 .600 1.450 1997 ...... 64,800 no limit 7.650 5.600 .600 1.450 1998 ...... 67,500 no limit 7.650 5.600 .600 1.450 1999 ...... 70,200 no limit 7.650 5.600 .600 1.450 2000 ...... 73,200 no limit 7.650 5.490 .710 1.450 Source: Social Security Administration.

Mr. COVERDELL. Mr. President, I but it serves to focus our attention on do you trust to spend your money? Do thank my colleague from Oklahoma for how much of the time we spend work- you trust the people in Washington? Do his remarks and his expertise on this ing as a Nation to pay our taxes, be- you trust the Federal Government to subject. He made a very, very eloquent cause on the 7th of May, finally, if we spend your money more wisely than statement on the burden of taxation. had paid everything we had earned to you can or do you decide in a free soci- At this time I yield up to 10 minutes the Federal Government, we could ety that you want to hang on to more to the Senator from Utah. begin taking something home. The PRESIDING OFFICER. The Sen- of it to spend for yourself? ator from Utah. As I say, that is an artificial calcula- Obviously, we have to trust the Fed- tion. We do it because it focuses our at- Mr. BENNETT. Thank you, Mr. eral Government to spend some of our President. tention on one question. This is the Mr. President, tomorrow is tax free- fundamental question when you ad- dom day. It is an artificial calculation, dress the whole issue of taxes. Whom

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4710 CONGRESSIONAL RECORD — SENATE May 6, 1996 money. There are some things the Fed- ple were not willing to pay the higher you are asking this fundamental issue: eral Government does that we cannot price. What did they do to get sales Whom do you trust to spend your do for ourselves. moving? They lowered the price. Lo money? Do you trust the bureaucrats? The most obvious example that I can and behold, when they lowered the Do you trust the regulators? Do you think of is the Interstate Highway Sys- price, sales started going up. That is trust the planners in Washington? Or tem. We could not go out as individuals exactly the same principle that applies do you trust individual Americans all and contract to build the roads, to to the Federal Government. If you over this country, taking their money make the plans, to lay out the routes. lower the tax, we can see revenues and making the decisions as to where All of those things are appropriate ac- begin to go up. it will be invested, where it will be tivity of the Federal Government. Let me be personal about this, Mr. channeled, where it will be spent, in a When the Interstate Highway System President. During the 1980’s, I was CEO way to build the economy? was first proposed back in Dwight Ei- of a company that started out literally I, for one, Mr. President, think that senhower’s time it was a Member of in a basement in a suburban town in government does many good things. I this body, Senator Harry Byrd of Vir- Utah. It had four employees. Today think I can trust the Federal Govern- ginia, who made the decision that we that company is listed on the New ment with a good chunk of my money would not pay for the interstate high- York Stock Exchange and has a mar- to do things like build roads and way system with debt. He said, we will ket value approaching three quarters bridges, defend the country, and take pay as we go, and that was the begin- of a billion dollars. It has 2,700 employ- care of the other challenges that we ning of Federal gasoline taxes going ees. We built that business at a time have as a nation. But when it comes to into the national highway trust fund to when our effective tax rate was 28 per- making the fundamental economic de- pay for the Interstate Highway Sys- cent. That meant we were able to make cisions as to what will make this coun- tem. And it worked. our choices as to how the money would try grow, I trust individual Americans We trusted the Federal Government be spent in buying inventory, building more than I trust the planners in to spend our money more wisely on buildings, hiring new people, instead of Washington. For that reason, I am hoping that we highways than if we had spent it our- having the Federal Government make can move the date back toward the 1st selves. We gave the Federal Govern- the choices as to how that money ment that money, and the Interstate of January when Americans can say, ‘‘I would be spent. have stopped working for the govern- Highway System was created. I find it Today if we were to start that busi- ment and now I am working for the interesting, Mr. President, to know ness again, the effective rate on the growth of this country as a whole.’’ that now the tax increase that was money we would earn would not be 28 Mr. COVERDELL. Mr. President, I pushed through by President Clinton percent as it was in the 1980’s, it would 1 thank the Senator from Utah for his 2 ⁄2 years ago is a tax on gasoline that be 42 percent—a 50-percent increase. I remarks from a business perspective on does not get spent on our roads or on say, Mr. President, we would not have these economic issues. I yield up to 10 the interstate highways. President created those 2,700 jobs if we had been minutes to my good colleague from Clinton is spending that money for facing a 42-percent effective tax rate. Texas. something else. Now, a study has been done on the Mrs. HUTCHISON. Mr. President, I I am supporting the repeal of the in- impact of the tax increase that Presi- am pleased to be able to talk about the crease in the gas tax because I think in dent Clinton gave us in 1993. President tax burden on American families, espe- this area I trust myself more than I Clinton talks about all the new jobs cially because tomorrow is a red-letter trust the Government to spend those that have been created since he has day. Tomorrow we call national tax extra few cents on gas. If I could be been President. According to the study freedom day because tomorrow is the sure the Government was going to by the Heritage Foundation, that num- day that Americans stop working for spend it on roads, I would not be so ber would be 1.2 million higher than it the government and start working for anxious to be for repeal of the gas tax. is if President Clinton had not given us their families. They will pay their But we have broken away from that that tax increase. Yes, we have had taxes tomorrow, and all of the work concept that was established here in some increased jobs because we were they have done between January 1 and this Chamber by a Member of this body coming out of a recession. We would May 7 will be money that goes to the that said the money that gets paid for have 1.2 million more. From my per- Federal, State, or local government. gasoline taxes, gets spent on roads and sonal experience, the difference be- That is about 40 cents of every dollar highways and bridges. tween paying 26 percent and 42 percent earned by the American family. To put President Clinton has broken that can account for that. it another way, 3 hours of every work- link and said, ‘‘No. Let’s tax gasoline, What it boils down to is this, Mr. ing day goes to pay Federal, State, and but let’s trust the Federal Government President: Americans all want to earn local taxes. more than we trust the individuals on more, and they want to keep more of For most American families, making the issue of how that should be spent.’’ what they earn so that they can do ends meet is getting harder and harder. Now, we have heard in this debate more with that money they are allowed After paying the basics—food, clothing, the whole discussion of tax rates going to keep. In my own personal experi- shelter, and taxes—there is not much up. The justification for tax rates ence, I saw that happen. We earned left. With ever-higher costs for edu- going up is that we need more tax rev- more as our business was successful. cation, for health insurance, and for re- enue in order to pay down the deficit. We were able to keep more because we tirement, most people have to work That sounds fine, Mr. President, but as had a lower tax rate, and we were able today. Many families would like to Members of this body know—I come to do more, reflected in those 2,700 jobs have mom or dad at home taking care from a business background and was a that we created. of children, being home when they get businessman until I ran for the Senate, Every one of the people that holds home from school, but they cannot af- and I discovered very quickly what one of those jobs, Mr. President, pays ford it because they have to do the every businessman knows—raising taxes. Every one of them is adding to extra things to get the extras beyond prices does not mean increased sales. the revenue of the Federal Government the taxes, the food, and the shelter. Raising tax rates does not mean in- by virtue of what we did creating that President Clinton has not eased the creased tax revenue. business. The Federal Government was burden on working families. He raised We have all seen the example where a winner all across the board when taxes on seniors who depend on Social Ford Motor has brought out a new they allowed us to earn more and then Security, on the self-employed, and on version of its best-selling automobile, keep more that we earned so we could everyone who drives a car. His tax in- the Ford Taurus. The Ford designers go out and do more in creating those creases in 1993 and the resulting slower were so enthusiastic about how beau- additional jobs. economic growth has cost Americans tiful the Taurus was that they raised It comes down, again, Mr. President, $227 a month in earnings. the price on the Taurus. It stayed at to the fundamental question that I Last year, the Republican Congress that higher level for something like 3 asked at the beginning. When you ad- tried to do something unusual for fami- weeks when they discovered that peo- dress the question of tax freedom day, lies. We tried to let them keep their

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4711 own money. We believe that with lower young couples for getting married. We After running for President in 1992 on taxes, Americans will earn more and increased the standard deduction for a middle-class tax cut, in 1993 Presi- they will most certainly keep the married couples filing jointly. In other dent Clinton raised taxes on middle- money they worked so hard to earn. words, by the year 2005, under the bill class Americans while he claimed to The Republican Congress did the fol- we passed, the marriage penalty would only hit the rich. His taxes took what lowing things. We cut taxes for fami- be eliminated for couples that do not could have been a robust recovery and lies with children by providing a $500- itemize their deductions. made it a weak, lackluster recovery. per-child tax credit to help parents So we encouraged marriage and fam- The economic reports came out last raise their children and to offset the ily rather than discouraging it by say- week, and they said the economy is erosion of personal exemption from in- ing you are going to pay more if you getting better. I cannot remember a flation. With this tax cut, 28 million get married than you would have to time when the economic reports were families would pay fewer taxes. In my pay if you stay single. coming out saying things were better home State of Texas, 2 million families We cut capital gains taxes to encour- when people do not feel it. If you ask would pay fewer taxes under the bill we age and reward investment. We wanted someone what their major concern is, passed last year. to create new businesses that create they say job security. That is what We encouraged families in that bill new jobs because we understand that they say. I do not care what the num- to save for retirement, with my home- the small businesses create the jobs in bers are showing. It is what is in some- maker IRA proposal that I have been this country. It is not the giant cor- body’s gut. They do not feel secure be- working for 2 years to get put forward, porations; it is the small businesses. A cause they sense more taxes, more reg- and other expanded individual retire- capital gains tax reduction helps them ulation, and more encroachment on ment accounts. This Congress believes to be able to buy that piece of equip- their freedom and independence. They in the expansion of IRA’s because that ment or make that capital investment know things are not the way they used is people taking responsibility for their that will create the jobs that will get to be. own retirement. It is our encourage- this economy going again. So why, Mr. President, do people not ment for them to do so. We cut estate taxes. We cut estate feel so good when all the numbers say I want the homemakers of this coun- taxes so that years of hard work would things are getting better? Big govern- try, Mr. President, to also have the not be wiped out in a generation so ment. Big government. Big government ability for their retirement security that a family that inherits a small is costing jobs for the American people. because I believe the work done inside family business or a small family farm A report from the Rochester Insti- the home is every bit as important, and will not have to sell these unreadily tute of Technology estimates the di- probably more so, than the work done salable assets in order to pay taxes to rect cost of complying with Federal outside the home. We should not penal- the Government. regulations to be about $668 billion in ize the hard-working family that has Our tax cuts would reduce the tax 1995. the ability for the mother to stay home burden on the people who actually pay The bottom line is, Mr. President, to- and raise the children or the family, if taxes, Mr. President. More than three- morrow Americans are going to stop that is the choice. Many people stretch quarters of the cuts in the first year in working full time to pay taxes. But we to make that happen. The current Tax the bill we passed go to the middle have not even talked about the hidden Code prevents married couples who class making under $75,000 a year. cost of regulations. They are going to rely on the one income from equitably Who are those people? They are work until July 3 to finish their obliga- providing for their retirement security mothers and fathers who will get help tion for all of the cost of government— by limiting homemaker deductions to raising their children with a $500 child regulations, as well as taxes. $250. tax credit. I think it is an outrage in this coun- They are homemakers who will get So, hopefully, on July 3, we can talk try. In fact, here is what the numbers the opportunity to contribute the max- about the cost of government. But show. If you work outside the home, imum amount to an IRA for retirement today we are just talking about the you can set aside $2,000 a year. If you security so that, if the homemaker cost of taxes. work inside the home, you set aside loses her spouse, she will be able to I do not think that Americans in gen- $250 a year. have something that is her own, that eral object to taxes. In fact, the Read- What this means is that under cur- will help her in her retirement years. er’s Digest poll taken recently shows rent law, a single-income married cou- They are married couples who will that Americans believe they should ple saving $2,250 a year for 30 years will have the Tax Code’s marriage penalty pay taxes to live in this great country have $188,000 for their retirement nest reduced. for what this country gives them back egg. With the bill we passed in Con- They are savers who are trying to in services and freedom. But, Mr. Presi- gress so that both spouses are able to buy a first home or pay for college for dent, they believe about 25 percent for set aside $2,000 a year, after 30 years their kids. a family of four is the maximum that they would have a nest egg of $335,000— They are small business owners who government should take from them. $335,000, an increase in $150,000 for that have spent their lives building a busi- They believe they should be able to working family. ness and want to pass it to their chil- keep 75 percent of what they work We also helped families by permit- dren without the huge taxes that some- every day to earn. In fact, however, ting tax-deferred savings in an IRA for times require the sale of that small they are paying about 40 percent. education costs, for medical expenses, business by the heirs because they do We are working every day in Con- for first-time home purchases, and al- not have the cash to pay taxes. gress to bring that number down. If we lowing penalty-free withdrawals during They are investors who provide the could just get the President to work times of unemployment. That encour- capital to start businesses and create with us instead of just talking about it, ages savings, and it also helps people jobs. we could make a difference for the with emergency needs that they may Our tax cuts helped all Americans. It American family. We could put govern- have so that they know, if they do set would put more money in people’s ment in the role that it should have, aside for their retirement security but pockets, and it would increase jobs. To- and we could give the people of this they need a little bit extra to educate gether with a balanced budget, it would country their buying power back. They their children, or if they become unem- lower interest rates and increase the work for this country. They work for ployed, or if they have a bigger medical standard of living for millions of Amer- their families. We want them to keep expense than they can afford, or to buy icans. what they earn. their first home, they can take from So why do I keep talking about what Thank you, Mr. President. that tax-free income that has built up the proposals would have done? I talk Mr. COVERDELL. Mr. President, I without the huge penalty that discour- about it as if it did not happen because thank my colleague from Texas for her ages them from providing for their re- it did not happen. Congress passed ev- remarks on the economic aspect of tirement. erything I have talked about, and taxes on the American family. That is what we do in the bill that we President Clinton vetoed it. That is I now yield up to 10 minutes to my passed. And we stopped penalizing why I am still talking about it. distinguished colleague from Iowa.

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4712 CONGRESSIONAL RECORD — SENATE May 6, 1996 The PRESIDING OFFICER. The Sen- in this year’s tax freedom day lottery. business of life and operating profit- ator from Iowa. For the people of my State, tax free- ably. Mr. GRASSLEY. Mr. President, the dom day was Saturday, May 4, instead Because Iowans are economically Senator from Texas just gave a very of tomorrow, May 7. As you can imag- conservative by nature, most of my good explanation of what was in the ine, the people in my State find this 3- citizens are outraged by the fact that bill that the President vetoed. I think day victory to be somewhat shallow in Washington cannot get its fiscal house it is a good exercise once in a while to comparison to what others, including in order. The willingness to pay their remind ourselves and the public—be- the Federal Government, expect of share of Government services becomes cause the public is cynical about them. The fact that we have 3 days harder to swallow when wasteful and whether or not we ever kept our com- more of tax freedom than most people, inefficient Government programs con- mitments of the last 15 years to pass a I suppose, is a tribute to Iowa officials tinue to expand. balanced budget—that we passed a bill, being more fiscally responsible on I should like to give you an example a 1,800-page bill. This balanced budget State and local spending than we are at that I had something to do with bring- legislation was the product of 8 months the Federal level as opposed to other ing to the public’s attention last year. of work by 13 different committees in States. For Iowans, it took 125 days Consider the estimated $200,000 expense this body to balance the budget; not this year, including weekends, to make for a flight from Naples, Italy, to Colo- only balance the budget but to help it to this mock Federal holiday. For rado Springs, CO, U.S.A., last year by lower mortgage interest rates down by the first 18 weeks of 1996, working an Air Force general. About 36 tax- $2,300 a year, student loan interest Iowans gave up their hard-earned paying families in Iowa worked all of rates by $603 a year, and interest rates money to fund Federal, State and local last year just to pay for General Ashy, on a car loan by $150 a year. You can go coffers. Finally, on May 4, Iowans an aide, and his cat to jet nonstop on and on about the benefits of bal- began to keep what they might earn across the Atlantic with two inflight ancing the budget by reducing the in- for the remainder of 1996. They only refuelings. He could have taken a com- terest rates by 2 percent, according to now begin to work to pay for the things mercial airline flight for $1,500. Greenspan, but Congress also offered that they must to do and what their This disconnect between elected offi- all of the things that the Senator from families want to do and what they have cials and the public will continue to Texas referred to—IRA’s for home- a responsibility to do. widen if Washington clings to the fis- makers, expanding IRA’s for every- If you remember back to the 1992 cally irresponsible status quo. Last body, a $1,000 tax cut for a family of Presidential campaign, Vice President fall, Republicans made many tough de- four, and estate tax reductions, and GORE traveled the country giving his cisions in order to pass the first Bal- welfare reform that turns welfare over now famous economic speech in which anced Budget Act since 1969. from the Federal bureaucracy to the he said: And again, I do not think we can hold States to administer because the Everything that should be up is down, and this up too often to say, ‘‘Here it is. We States are doing a better job of it than everything that should be down is up. passed it.’’ One person stands in the we are in Washington, saving the tax- I think this theme can also be ap- way of this being law or not, and that payers $58 billion, and saving Medicare plied to President Clinton’s budgetary is the President of the United States, from bankruptcy in 6 years. Medicare policy. Bill Clinton, because he vetoed it. is going to be bankrupt in 6 years. We Common sense tells us that when When the smoke from last year’s knew that a year ago. That is why we things go up, something else comes budget battle cleared, it was obvious addressed the issue in this bill. This is down. So when the Government’s budg- that no one won. We passed it, but we the bill that President Clinton vetoed. et for spending grows, obviously, the did not win. The President vetoed it, It has been referred to by Senator family budget shrinks. Another way to and you might say he won the public NICKLES and Senator HUTCHISON. I describe this bloated economic policy relations battle because he is on tele- think we ought to think of this as a is by means of the Washington tax-and- vision having everybody believe that document that people do not think we spend syndrome. Some folks in Wash- he thought of the balanced budget. It passed because the President is on TV ington fail to understand that most was 6 months past the last election saying he is for balancing the budget Americans are not satisfied with the when we won an election on a promise and making some citizens ask: Where way their tax dollars are spent. Again, to balance the budget that the Presi- are the Republicans? I should like to remind my tax-and- dent said, ‘‘Well, I am for a balanced Well, where was the President last spend colleagues that money does not budget, but we will do it in 10 years.’’ year when we were balancing the budg- grow on trees. It has only been since January 13 that et? Now, I will tell you that he was Unlike the retail and service sectors he came around to doing it in 7 years passing the buck. We do not want to of our private economy, the dissatisfied as we are doing it with this legislation pass the buck. We just want to get taxpayer, in dealing with the Federal that he vetoed. down and get the job done again. Government, cannot demand a Govern- The President still leaves about 87 Part of the issue that we are dealing ment refund for poor services rendered. percent of his expenditures to be made with today, as everybody has been Many Americans feel shortchanged for in the years 2000, 2001, and 2002. That is hearing, is that we are recognizing to- helping to support programs that they a long way off and is difficult to plan morrow as national tax freedom day. It do not believe in or use. When it comes for. is a sad commentary that we are to to spending money on families, the The American people do not have a May 7 before people are done paying choice should belong to taxpayers, not balanced budget, so I still have to say their taxes and can start working for to the Federal bureaucrats. even though we passed it, the public themselves and their families. But also Washington deficit spending is the has not won yet. In fact, they are los- it is beneficial to remind people that public’s greatest outrage of all. Tax- ing every day that we do not balance it this is a day when they can start work- payers want to know why the Federal for next year. More importantly, faith ing for themselves, if they are average Government has spent more money in Government suffers yet another set- Americans, because I think most peo- than it has collected for each of the back. ple feel that Congress is so irrespon- last 27 years. Ending this trend of 27 As the Senator from Texas said, we sible that average Americans never get years of spending more than we take in have to work to restore the $500-per- done paying taxes. But we have tax is what balancing the budget last year child tax credit. In addition, we are freedom day to bring people’s attention was all about—the budget that the going to repeal Clinton’s 1993 gas tax, to the fact that an annual point arrives President vetoed. Because unlike the and we are going to do that because the where our people stop toiling away to Federal Government, working families President ran on a platform in 1992 in fund big Government and begin toiling live on limited budgets and balance a which he stated so often that an in- away to fund their families and their checkbook. Not the Federal Govern- crease in the gas tax is sticking it to ways of life. ment. But those same working families the low- and middle-income working I am happy to say that in my State expect the same of Uncle Sam, to bal- people of America and the retirees. The of Iowa, our citizens are slight winners ance the checkbook and to be in the President said that he is not for doing

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4713 that, and yet he did it within 6 months. what the burden of taxes does to them. In fact, both parents today work on We voted against it, so obviously we I would like to visit on this just a little each day longer earning taxes to give are still sticking by our convictions bit more. I often refer to Ozzie and Har- to the government than they spend not to be for the President’s gas tax in- riet as the quintessential family of the with their own family. They are now crease because it is regressive. We have 1950’s. When Ozzie and Harriet were investing more of their workday work- a chance now with high gasoline prices working in the workplace, Ozzie sent 2 ing to pay off this tax burden and the to make the point and to repeal some- cents out of every dollar he earned to debt and the interest on the debt and thing the President said in 1992 he was Washington. But if he were here today, all the commensurate effects of tax- not going to do anyway. So that is why he would send up to 24 cents; from 2 ation and regulatory burdens—they are we are doing it. But we are also in the cents up to 24 cents out of every dollar spending more time doing that than process of trying to free working poor of his wages being sent to Washington. they are raising their own families. Is and middle-income families from ex- That fact raised several questions in there any wonder, then, that the be- cessive tax burdens. my mind. All of us in the country are havior of that family is changed? It So Iowans, the people of my State, very concerned, deeply concerned should not be a surprise to any of us. marked tax freedom day on May 4, 1996, about the behavior of our families and If you ask the second spouses today if and the rest of the country tomorrow, the changes that have occurred. It cre- they are working on their own, volun- May 7. ated a deep worry. We have heard Sen- tarily, 85 percent say no. Mr. Presi- During this period, and especially ators say here: If you ask parents dent, 85 percent would do something today, I believe it is the duty of the today if they are better off than their differently. A third of them would stay President to agree with Congress to cut parents, they say yes. But for the first home. If they had their option, they spending and to provide tax relief so time in American history if you ask would stay home. They cannot. They that Iowans, and their friends in every them do you think your children will cannot make ends meet without both other State in the Union, can com- be better off than you, they say no. of them being in the workplace. A third memorate this day earlier next year. That is the first time that has ever of them would volunteer, they would I yield the floor. happened in America. like to be in the workplace as volun- The PRESIDING OFFICER. The Sen- What has been the force that created teers. And another third would modify ator from Georgia. this sense of pessimism? My argument the amount of time that they are in Mr. COVERDELL. Mr. President, I is that there is no single institution or the workplace. compliment my colleague, the Senator structure or force on the American So I wonder, you almost wish that we from Iowa. He reminds me of what I family that has so profoundly affected could cause the Federal Government or said in my opening remarks when I was the way they live and function as has all governments to put on the tax rebutting the statement by the Sen- had their government; more than Hol- form: ‘‘This is how many days your ator from Virginia, who thought the lywood, more than pop music stars— family has to work to meet this obliga- courageous thing to do was to keep the government. What other force sweeps tion,’’ because I am convinced that gas tax in place. And he reminds us through the family and takes half of there are not many families who think that the President himself came to the everything those bread earners earn? they are working from January 1 to American people in 1992 and said, as When I was a kid I was told the larg- May 7—or, as the Senator from Texas you just heard from the Senator from est single investment I would ever pointed out, to July 3, if you add the Iowa, that a gas tax is not the thing to make is my home. My guess is the Pre- regulatory burden in—that they work do and it is particularly harmful to siding Officer was told the same thing. until midyear before they have the op- people with low income, the middle But that is not true anymore. We have portunity to keep one dime for them- class, and seniors. That whole episode to change the rhetoric. We now have to selves, one dime to pay for what they is interesting to me because it was tell America’s children the single larg- are responsible for accomplishing for such a center point of the President’s est investment you will ever make is the country. This is a sad state of af- campaign, that he would lower taxes government. It now surpasses housing; fairs and I believe all of us need to be on America’s middle class. The bags your home, clothing, education, and engaged in absolutely sound, funda- were not unpacked before that promise transportation combined. So no insti- mental policy to push that burden was forgotten. Then, by August 1993, as tution has had a more profound effect back. the Senator from Iowa has alluded to, on the way the American family func- If America were picking the date, we were confronted with the largest tions than the government. they would pick March 1; that they There is a lot of discussion in today’s tax increase in American history. would have worked from January 1 to So you go to the American people workplace about both parents having March 1, and that is a fair deal between and say I am going to lower your taxes. to work and not, therefore, having the that family and the Government: Then you come up here and raise them opportunity to spend enough time with March 1. But, instead, because of all the highest they have ever been raised. the family in setting the standards, in these pressures—I guess courage has And no wonder a cynicism begins to set monitoring what is going on in the been alluded to by the Senator from in across the land about the way Wash- family. I would allege that the single Virginia—they now work until May 7 ington works. The bottom line here is greatest force in our country that has instead. that Americans are working 40 to 50- caused families to have both parents in Mr. President, we have just received plus percent of a work year for a gov- the workplace is the government, too. a white paper from the Manufacturing ernment. I know Thomas Jefferson, if In fact, I was so curious I wanted to Institute called ‘‘Improving the Eco- he were here today, would be as- know, from 1950—Ozzie and Harriet—to nomic Condition of the American tounded. If you read back through his now, the increasing number for which Worker.’’ remarks, time and time again he warns both parents work each succeeding I would like to read just a small piece and points to the egregious behavior of year. Then I tracked that scale or of what this report says. It is entitled: governments when they consume too growth against the increased tax bur- ‘‘Government Obstacles to Wage much of the fruits of labor. He said it den. Mr. President, you will not be sur- Growth and Job Creation.’’ throughout his life and throughout his prised, nor would anybody else, that working in the founding of the Govern- those two lines on a graph track each Taxes, particularly payroll taxes, account ment. He also warned us that govern- other almost simultaneously. In other for much of the slowdown in compensation growth. ments by their nature do just that. I do words, every year, as the Government not believe a single Founder could ever added yet another gas tax or raised the We read every day articles con- conceive that our Government would income tax or some other scheme to cerning the anxiety in the American be a government that sweeps half the get more of the revenue of that work- family from economic pressures in the earnings away from an American fam- ing family, each time they did that an- family. But this report says: ily. other so many thousands of American Taxes, particularly payroll taxes, account I have spent a good bit of my time families were forced to make the deci- for the slowdown in compensation growth. talking about this average family and sion that both spouses had to work. It says:

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4714 CONGRESSIONAL RECORD — SENATE May 6, 1996 Had the relative tax burden remained at and, as we have all alluded, that has a have not done this. For 40 years, we the level of 40 years ago, today’s typical fam- particularly regressive effect on low- have not balanced the budget. What we ily would have an extra $8,847 in disposable income Americans; less family income. have done is said, ‘‘Yes, we want more income each year. According to the Joint Economic programs, but we are going to charge Eight-thousand dollars. Now remem- Committee, after-tax median family them to our kids; we’re not going to ber, Mr. President, a moment ago I said income for a single-earner family has pay for them.’’ We ought to be willing that average family is earning about fallen $803 during the Clinton Presi- to pay for the programs that we want. $40,000 a year. This is the equivalent of dency. If real after-tax incomes had I think that the message in the elec- a 20-percent pay increase, $8,847 in ad- grown at the average rate of the tion of 1994, and we are coming up to ditional income. Reagan expansion, 1983 to 1989, single- another one in 1996, the message was, Based on an analysis of Census Bureau fig- earner median family income would be ‘‘government is too big, the Federal ures by the Tax Foundation, the median two- $1,274 per year higher. Government is too big, it costs too earner family paid about 20 percent of its in- People are spending less time at much and we are overregulated.’’ come in 1955. In 1995, taxes took an esti- home with their families and more Too often in the past 40 years, we mated 37 percent. The change is even more time working to pay for big Govern- have said, ‘‘Well, we have all these pro- apparent when it comes to payroll taxes ment. According to the Tax Founda- grams. The question is, how do we pay which represent the largest tax on many em- ployees. Social Security and Medicare taxes tion, Americans will spend 2 hours, 47 for it,’’ instead of taking a look each 1 minutes—3 hours—of each working day are 45 ⁄2 times higher today than in 1955. time at what programs we have, how laboring to pay taxes, and they will effective those programs are, where These are the reasons Ozzie was only work this year until tomorrow, May 7, should those programs be cared for, do sending 2 cents to Washington and just to pay Federal, State, and local they, indeed, need to be there at all. today he is sending 24 cents. taxes. One of the problems is we have been Median income, on the other hand, is only Mr. President, the 1993 budget has sort of distanced from the idea of pay- 10 times higher. Companies today are bur- cost America dearly. It has cost her 1.2 ing for them. The best relationship be- dened by heavy, nonproduction costs largely created by government— million in additional private sector tween a taxpayer and his or her Gov- jobs between 1993 and 1996; a total of ernment is that as a taxpayer in a Just as we have been saying all after- $2,600 in after-tax income for every school district where the proposition is noon. household in America between 1993 and we need a new school or we need a new The major ones are government regula- the end of 1996; roughly $465 in wages science lab, we say, ‘‘All right, it costs tions, legal services and taxes. If these costs and salaries in 1996 alone. The list goes x amount of dollars to have this new could be reduced significantly, companies would have more resources available to ex- on. science lab. It is going to cost you this pand and hire more workers and pay higher The point we are making is that much on your taxes next year,’’ and wages. The current regulatory system is too American families work too long for you make the decision whether or not costly. the government and not enough for you are willing to pay a cost-benefit The Senator from Utah was talking themselves, and this administration ratio. Is it worth it to you to pay for about this very point. has made that situation worse, not bet- that program? In my closing minutes, I want to ter. They promised to make it better. The Federal Government removes us point out that elections have con- They did not. Worse yet, they made it from that. It removes us in several sequences. President Clinton’s efforts worse. ways. That is, most of us have our Mr. President, I yield the floor. on the economy in 1993 really had a taxes withheld, and so we talk about Mr. THOMAS. Mr. President, I am major effect on the American family. after-tax dollars, and for some it is sure there will be more conversations It is important to note that since really hard to understand how many today, as there should, about the fact this administration came to office in dollars we do pay in taxes. that this is tax freedom day. This is I think it is great to have a tax day January 1993, virtually everything they the day that has been determined that and say we have worked this year until have done has pushed and mounted the each of us on the average has worked now with nothing for ourselves, paid economic burden on the American fam- since the first of the year until now to entirely for taxes. That is part of the ily and American business. In other pay our taxes to this country. problem. words, with all the American people A typical family of four pays 38.2 per- The other, of course, is the Federal saying, ‘‘We’re being taxed twice what cent of their income in taxes. That is Government is removed to the extent we should be, we should be free to earn for all governments. that seldom do we have a chance as our own money on March 1, not May In Wyoming, and this is the U.S. Cen- taxpayers to say, ‘‘Here’s the program, 7,’’ but this administration came here sus estimate, the median income for here’s what it costs. Is it worth it to and has pushed the tax burden higher, families is about $47,000. Federal taxes me? Am I willing to pay what it blocked regulatory reform by arguing are about $10,000; local and State taxes costs?’’ We do not have that same kind against it here on the floor, so the reg- are another $5,000 or $6,000, for a total of cost-benefit ratio opportunity that ulatory burden is mounting. of $16,000 in direct taxes. The estimated we have on the local level. Since Clinton has been President, cost of Federal regulation for a family So I think it is appropriate that regulatory costs to the American fam- is about $6,600. Excess family interest when we talk about taxes and we talk ily have risen about $300 per year. payments caused by Federal borrowing about the burden and we talk about the Their taxes have gone up. They are are approximately $2,000 for a total of debt and we talk about the future, that working even more for the government $24,000 that goes to taxation. we also take a look at government; than they were when this administra- So, Mr. President, it is an appro- take a basic, long look, some introspec- tion came to office, even though this priate day for us to take a look at what tion of you and me as taxpayers and administration said, ‘‘You will be we do with taxes. I would like to ap- citizens, saying, ‘‘I suspect in our form working less for the government. proach it from just a little different of government, those who put together That’s our promise to you. You’ll work angle. Of course, taxes are dollars, the Constitution did not envision that less. It won’t be May 7; we’re going to taxes are numbers when we talk about 40 percent of our earnings, of every- go back the other way.’’ those, but I think also there is a con- one’s earnings, on average, would go to Wrong. Wrong. That promise was left cern that we ought to have that taxes pay taxes for government functions.’’ at the doorstep of the White House, Mr. also are related to the size of Govern- Do you think? I do not think so. President, and they work more than ment. They are more than money. They so clearly defined in the Con- when this administration came to of- They have to do with the kind of Gov- stitution those things that the Federal fice and they have more regulatory ernment we have. They have to do with Government should do, and there are burden today than they had then. As the number of Government programs many things, indeed, that the Federal we said earlier, the largest tax increase that we expect, and there is a relation- Government should do. There are many in history—$255 billion in higher ship between spending and taxes. things that only the Federal Govern- taxes—gas taxes, Social Security taxes, Of course, we ought to be willing to ment can do—defense, interstate com- a $31 billion increase in the gas tax, pay for the programs that we want. We merce, highways—many things.

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4715 They also put in the Constitution the should the centralized Government taxes. More astounding, however, is the 10th amendment which says that only have, how much money should we proportion they actually must pay in those things enumerated in the Con- spend, how do we become responsible taxes—over 38 percent. stitution would, in fact, be carried out morally, physically to balance the Americans are willing to pay a quar- by the Federal Government and others budget, and that seems to me is what ter of their incomes in taxes, Mr. Presi- would be reserved to the States and to tax day is about. I am delighted that dent, but that is not enough for our the people. So we find ourselves with a there will be discussions about it, there government. No, our government taxes great relationship between the taxes will be considerable interest in it. away over 38 percent of the income of we pay and the amount of Government I think one of the things sometimes the average American family. that we have. we do not even recognize ourselves is And the trend is toward more, not Big spending and big taxes go to- the amount that taxes have increased. less. The government imposes ever- gether. We have done a number of Corporate tax increases between 1992 higher taxes on America’s working things this year to seek to work at and 1995 have gone up 55 percent. Who families. Commerce Department data this. When the Republicans came in pays corporate taxes? Corporations? I reveal that in 1995 total taxes as a and took control of the House and Sen- do not think so. It is the people who share of the gross domestic product ate, they changed the debate. We have use their products, of course. They are were the highest in U.S. history. Fed- changed the debate from talking about passed on. eral, State, and local government re- how do we get more money to continue Personal taxes have gone up 25 per- ceipts consumed a record 31.3 percent to grow, to taking a look at the pro- cent. Total receipts have gone up 23 of GDP. grams that are there. percent. At the same time total re- Mr. President, this figure is simply We have changed the debate to one of ceipts and taxes have gone up 23 per- astounding. Even at the height of examining programs instead of simply cent, the GDP has only gone up 16 per- World War II, with America fighting saying they are going to grow some cent. for her very existence, total taxes only more, how do you charge it or how do So tax increases have outstripped our consumed 25 percent of GDP. In 1992, you put it on the debt or how do you growth by at least 1.5 times. Payroll only 4 years ago, taxes consumed 30 get some more taxes. taxes have gone up 15 percent, and indi- percent of GDP. We have changed the debate to bal- rect taxes up 11 percent. What does this mean? It means that ancing the budget. The budget has not I am not opposed to taxes. Taxes are taxes have risen by 1.3 percent of been balanced in 25 years. For the first how we fund our Government. We have GDP—of the size of our entire domestic time, the conversation now is toward to pay taxes, should pay taxes. We economy—since Bill Clinton became balancing the budget. We presented a should pay them fairly. The real issue President. balanced budget amendment to the is, what do you want to pay for? What And what does our President propose Constitution which says, as it does in are you willing to pay? What should we to do about this deplorable situation, almost all State constitutions, that pay for? How do we do it efficiently? in which our economy is operating you cannot spend more than you take Tax day ought to cause us to consider under the highest tax burden in his- in. It lost by one vote. I hope we get those things and consider them as we tory? another chance, Mr. President, to take come into this election cycle. Mr. Recent experience does not provide a look at that issue, and I think per- President, I yield the floor. much hope for relief. In 1993 President haps we will this week. Mr. ABRAHAM. Mr. President, I rise Clinton signed into law the largest tax In that debate, frankly, we forced the today to recognize tax freedom day; a increase in history: $241 billion. The President to deal with balancing the day marking the people’s emancipation President raised taxes on gasoline. He budget. The President did not send up from government taxation; a day after raised taxes on Social Security recipi- any balanced budgets until this year. which the American people begin work- ents. He also hit our senior citizens by Now, of course, we do not agree with ing for themselves and their families reinstating the highest estate and gift the way it has been balanced. It does instead of for the Government; a day tax rate of 55 percent. He raised taxes not do anything about those things which continues to recede further and on small business owners. And he that drive it. But nevertheless, the dis- further every year. passed a retroactive tax increase on cussion now is how do you balance the This year, Mr. President, America’s the incomes of America’s working fam- budget, not if you are going to balance tax freedom day arrives on May 7. In ilies—not only increasing taxes on the budget. We have reduced the num- my own State of Michigan it arrives their future incomes, but actually tak- ber of programs in Government. We even later—on May 9. Michigan, thanks ing a portion of the incomes they al- have to do that if we are going to do to its friendly atmosphere for eco- ready had earned. anything about taxes. We sought to re- nomic growth and investment, is rel- The President’s tax hikes directly duce taxes in a couple of instances. We atively affluent. Thus Michigan pays a and indirectly increased the tax burden had regulatory reform. significantly higher portion of its in- on millions of middle-class taxpayers. Mr. President, I guess what I want to come in Federal taxes than do other Small wonder he recently admitted emphasize is we do pay a great deal of States. We are 13th in the Nation in that he ‘‘may have’’ raised taxes too taxes. I think we pay too many taxes. total taxes paid, again in large meas- much. I think we expect too much from the ure because the Federal Government But President Clinton’s contribution Federal Government; that there are takes more from our citizens’ pay- to higher taxes does not end there. other ways to accomplish those things checks than from those of citizens of When we Republicans sought to eman- more efficiently either through local other States. cipate American families from some of government, State government, the But let us look at the overall tax pic- their tax burden—to make their tax private sector, that we ought to take ture. freedom come earlier in the year— our taxes and orient them, direct them As tax freedom day approaches, Mr. President Clinton was ready, with his toward those things that only the Fed- President, I believe it is appropriate veto. eral Government can do. for us to ask ourselves how much of Americans should judge for them- But I hope that we do not simply their time, what proportion of their selves the effects of Clinton tax poli- talk about the amount, because taxes paychecks the American people feel it cies on their ability to keep what they have a great deal to do with the con- is fair for them to be asked to pay to earn for themselves and their families. cept, with the principle of what you do the government. They should ask themselves a few sim- in the Federal Government. I think When I first saw the results of the ple questions. that is a legitimate debate that each of Roper Poll on this subject I was sur- First, do you have children? us ought to undertake as we move into prised to note that Americans of all If so, President Clinton’s veto of our this election season. Each of us ought stripes—whatever their race, sex, in- Balanced Budget Act is costing you to evaluate in our judgment what role come level, or political persuasion— $500 per child in tax savings—the we think the Government ought to felt it was fair for them to pay a full 25 amount of the tax credit we attempted have at the Federal level, what role percent or one quarter of their income to give you.

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4716 CONGRESSIONAL RECORD — SENATE May 6, 1996 Second, are you married? concerned about their future, and spending and regulation will emanci- If so, President Clinton’s veto is de- angry that the American Dream of pate the American people from the nying you tax savings from a higher moving up through hard work seems to chains of taxation and overregulation. joint standard deduction. Married cou- be slipping out of reach. More than this government cannot ples with average incomes of $50,000 In one generation, Mr. President, the provide. Less than this, Mr. President, who claim the standard deduction are Government has doubled the amount of we dare not provide. paying $217 more than they would oth- money it takes from the American peo- Mr. HATCH addressed the Chair. erwise, because of the President’s veto. ple. It has severely restricted our free- The PRESIDING OFFICER. The dis- Third, are you trying to save for your dom from taxation. And what have we tinguished Senator from Utah. retirement? gotten in return? Certainly not safer Mr. HATCH. Mr. President, before we If so, and you earn more than $40,000 and better schools. Certainly not safer get into the Billy Dale bill, because it a year or have a nonworking spouse, and cleaner streets. Certainly not re- is a very important piece of legislation, President Clinton’s veto cost you $1,120 duced drug-use and juvenile crime. Cer- as far as I am concerned, I thought I in IRA tax savings. tainly not lower levels of welfare de- would spend a few minutes, as chair- Fourth, are you planning to adopt a pendency and hopelessness. man of the Judiciary Committee, talk- child? No, Mr. President, what Americans ing about habeas corpus reform be- If so, President Clinton’s veto cost have bought with their tax freedom is cause of the extraordinary action you a credit of up to $5,000 to defray nothing more than increased Govern- taken by the Supreme Court last Fri- adoption expenses. ment control over their lives. And this day, and then I will launch into the Fifth, do you care for an elderly par- must end. Billy Dale legislation. ent at home? We must free our people from the f If so, President Clinton’s veto is de- chains of overtaxation and overregula- nying you savings from a $1,000 tion. THE SUPREME COURT AND eldercare deduction—that’s between We must see to it that Americans HABEAS CORPUS REFORM $150 and $280 out of your pocket and earn more and keep more of what they Mr. HATCH. Mr. President, last Fri- into the Government’s. earn so that they can do more for their day, the Supreme Court decided to hear Sixth, do you plan to earn taxable families and communities. a challenge to the constitutionality of capital gains—for example by selling We must institute reforms that will the habeas provisions in the Anti-Ter- your house when you retire? encourage economic growth, lower tax rorism Act. To examine this issue, the If so, President Clinton’s veto is pre- burdens, and empower America’s work- venting you from keeping more of your Court chose the vehicle of Felker ing families to once again take charge versus Turpin, a case in which the pris- profits. The GOP reforms would have of their own lives, helping themselves seen that you were taxed on only half oner, Ellis Felker, kidnaped, robbed, and their neighbors. raped, sodomized, and then killed Eve- of your net capital gain. What does this mean in practice? And finally, are you paying off a stu- lyn Joy Ludlam, a 19-year-old college To begin with, Mr. President, it student who was working as a waitress. dent loan? means relieving American families of If so, President Clinton’s veto is cost- The Court ordered an expedited brief- the burden imposed by the Clinton tax ing and argument schedule, with the ing you savings from a maximum $2,500 increases. This is why we must pass the deduction on the interest paid for the likely result that the Justices will de- $500 exemption for all children under cide the issues involved by the begin- first 5 years of repayment. the age of 18. This veto delayed tax freedom day to ning of July. It also means reducing the amount Mr. President, I ask the Clinton ad- May 7—the latest date ever. This veto Americans must pay for gasoline by extended to 3 hours, out of the typical ministration, and in particular, its So- rolling back the 1993 Clinton gas tax licitor General, Drew Days, to vigor- 8-hour workday, the time Americans increase that unfairly burdens lower must work just to pay taxes, the long- ously defend the constitutionality of income working families. our habeas reform. Habeas reform was est ever. This veto means that the It also means we must create more the heart and soul of the Anti-Ter- value of the dependent exemption con- and better paying jobs through incen- rorism Act, and it is the only thing in tinues to decline. Our families are hav- tives like a capital gains tax cut that the act that will directly affect the ing a harder time supporting their chil- will encourage businesses to invest in perpetrators of the heinous bombing in dren, in part because the exemption resources that create jobs. has lost much of its value. For the de- And it means helping people save for Oklahoma. Without habeas reform, pendent exemption to be worth the the future by encouraging retirement those who murdered in Oklahoma, like same it was worth in 1960, it would savings and portability. other convicted murderers throughout have to be $3,800 today—$1,300 more Finally, Mr. President, it means bal- our Nation, will be able to use frivolous than the current $2,500. ancing the budget and stopping Gov- petitions and appeals to prevent the In short, President Clinton’s policies ernment from overspending. It means imposition of their justly deserved pun- have chained America’s working fami- regaining control over the cost and size ishments. lies to ever-higher taxes, making it of Government so that the tax burden It is a sad day when we in the Senate harder and harder for them to support and regulatory burden both may be must ask the Justice Department to themselves. lifted from the shoulders of the Amer- vigorously side with the State in a His policies have cut the growth of ican people. death penalty case. But I am afraid to Americans’ real personal disposable in- America always has been the land of say that we must because of the Clin- come. They have hurt the economy, in- freedom and opportunity. In large ton administration’s demonstrated re- creased taxes and reduced by nearly measure this has been true because we luctance to support habeas reform and $2,600 the amount of money every have recognized that opportunity—the the death penalty. Through its Solic- American household can use to support chance to build a decent and rewarding itor General, the Clinton administra- itself. They have contributed to a situ- life for yourself and your family—de- tion has failed to support State efforts ation in which more and more families pends on freedom. to impose capital sentences—a 180-de- have two working parents not out of Only with the freedom to work, gree turnaround from the policies of choice but out of economic necessity. move, and invest as we see fit can we the Reagan and Bush administrations. At the same time these policies have make the most of our capacities. For example, in Judiciary Committee reduced the size of parents’ pay- It is our job, Mr. President, to re- hearings led by myself and Senator checks—even as parents face increased store Americans’ opportunity by free- THOMPSON, we learned that, during the costs for their children’s education, ing them from a Government that 1994 Supreme Court term, the Solicitor worries over their own retirement and taxes too much and prevents them General under the Clinton administra- concern that they are spending enough from pursuing their own good, and the tion failed to file even one brief on the time with their kids. good of their families and neighbors. side of the State in death penalty Americans today are, and have every Tax cuts, growth incentives, and re- cases. As this chart makes clear, this is right to be worried about their jobs, newed responsibility in government a sharp drop off from the practice

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4717 under the Reagan and Bush adminis- the imposition of the death penalty. It Mr. President, today I rise to urge trations, when that number was 42.9 would have effectively abolished the my colleagues to support the pending percent in 1991 and 37.5 percent in 1992. death penalty. When the Senate re- legislation to reimburse the legal ex- The Clinton Solicitor General’s fail- fused to accept this death penalty abo- penses incurred by Billy Dale and the ure to defend the death penalty is only lition proposal, the Clinton administra- other White House Travel Office em- part of the administration’s soft-on- tion issued a directive implementing ployees who were summarily dis- crime litigating positions. In case after its substance to require a racial review charged from their jobs on May 19, 1993. case, the Solicitor General has refused of all Justice Department death pen- This is a bill that I believe remedies to appeal cases in which the lower alty decisions. the grave miscarriage of justice that courts have overruled the Government, The weaknesses of the Clinton ad- resulted in the wrongful investigation have overturned convictions, or have ministration and of the Solicitor Gen- and prosecution of Mr. Billy Dale and made it difficult to prosecute the de- eral to combat crime and to support other former White House Travel Office fendant. Take, for example, the deci- the vigorous enforcement of the death employees. sion in United States versus Cheely, in penalty concern me in this case. The President Clinton has said that he which a panel of Carter judges in the importance of winning this case cannot supports reimbursement of legal fees ninth circuit struck down the Federal be overstated. One of the keys to win- for Mr. Dale. I take him at his word. I death penalty as unconstitutional. The ning the war on crime is to make clear am counting on him to make sure that Clinton administration’s Solicitor Gen- society’s determination to mete out people on the other side do not delay eral refused to appeal that case to the swift, effective justice to those who are this bill, that cloture will be invoked full ninth circuit or to the Supreme found guilty of violating its laws. Our tomorrow. It is surprising to me, how- Court. When asked by Senator THOMP- habeas reform bill will prevent mur- ever, that we are here trying to move SON why no appeal was filed, Drew derers from abusing our procedural sys- this simple measure that the President Days responded that he felt that the tem to forestall their punishments. supports, that had overwhelming bipar- case did not raise large enough con- Because of my concerns about Presi- tisan support in the House, but that cerns to justify a rehearing. dent Clinton’s Solicitor General and some of my Democratic friends con- Another example is the case of the death penalty, let me announce tinue to seek to derail. United States versus Hamrick. This is today that I plan to file an amicus It is time to act on this measure and the case in which a prisoner sent a brief before the Supreme Court defend- put to rest the years of unnecessary ex- mail bomb to a U.S. attorney. Luckily, ing the constitutionality of habeas re- pense and inconvenience suffered by the bomb did not go off. Unluckily, a form. I invite all interested Members of Mr. Billy Dale and his former col- panel of judges on the fourth circuit both the Senate and the House to join leagues of the White House Travel Of- overturned his conviction for assault my brief. We cannot take the chance fice. To do anything less, in my opin- with a deadly or dangerous weapon be- that the Clinton administration will ion, would be to deny justice to those cause those judges felt the bomb was pull another Cheely. wrongfully prosecuted by the Govern- an incomplete bomb and could not go f ment. off. Again, President Clinton’s Solic- The issue is simple: Mr. Dale served itor General failed to appeal that deci- WHITE HOUSE TRAVEL OFFICE his country, at the pleasure of eight sion, and the fourth circuit had to sua LEGISLATION Presidents, as the director of the White sponte order a rehearing to reverse The PRESIDING OFFICER (Mr. House Travel Office. He faithfully that activist decision. BROWN). Under the previous order, the served both Democratic and Repub- I could go on. I could describe the So- Senate will now resume consideration lican Presidents. He provided years of licitor General’s effort to narrow the of H.R. 2937, involving the reimburse- service that involved the thankless Federal child pornography laws. I could ment to the former White House Travel task of ensuring that the national and describe the Solicitor General’s sup- Office employees, which the clerk will international media were in a position port for lawsuits by prisoners against report. to cover and report the movements of the Arizona prisons. I could describe The bill clerk read as follows: the President to the public. For that, the drop-off in the Solicitor General’s A bill (H.R. 2937) for the reimbursement of Mr. Dale and the entire White House support for the State in all criminal attorney fees and costs incurred by former Travel Office staff were fired on May cases before the Court. I have discussed employees of the White House Travel Office 19, 1993, and fired in what really could these cases elsewhere, and I think that with respect to the termination of their em- be nothing less than a surreptitious the point is clear. If the administration ployment in that Office on May 19, 1993. manner. were truly serious about fighting The Senate resumed consideration of As if that humiliation were not crime, more than 90 percent of which is the bill. enough, Mr. Dale was thereafter in- prosecuted in State court, then it Pending: dicted and prosecuted for embezzle- should work harder to toughen the ju- Dole amendment No. 3952, in the nature of ment. On December 1, 1995, after 21⁄2 dicially created criminal rules that a substitute. years of being investigated by the FBI bind both Federal and State law en- Dole amendment No. 3953 (to amendment and IRS and incurring tremendous forcement, prosecutors, and courts. No. 3952), to provide for an effective date for legal expenses, Mr. Dale was tried be- The Solicitor General’s conduct fol- the settlement of certain claims against the United States. fore a jury of his peers and, after fewer lows the rest of the administration’s Dole amendment No. 3954 (to amendment than 2 hours of deliberation, found not opposition to habeas reform and the No. 3953), to provide for an effective date for guilty of all charges. death penalty. For example, on the eve the settlement of certain claims against the The travesty in this story is that the of House debate on the antiterrorism United States. White House Travel Office employees bill, the White House sent emissaries Dole Motion to refer the bill to the Com- simply got caught in the political to the Hill to lobby for weakening mittee on the Judiciary with instructions to crossfire of the new administration. changes to the habeas reform package. report back forthwith. They had served both Democratic and Dole amendment No. 3955 (to the instruc- Abner Mikva, the former White House tions to the motion to refer), to provide for Republican Presidents, but found counsel, lobbied to restore the de novo an effective date for the settlement of cer- themselves in jobs that apparently standard of review in habeas petitions, tain claims against the United States. were an impediment to the ambitious which would allow Federal judges to Dole amendment No. 3956 (to amendment money-making schemes of some of the reopen issues that had been lawfully No. 3955), to provide for an effective date for new President’s friends. and correctly resolved years earlier. the settlement of certain claims against the President Clinton certainly had the Before that, the Clinton Justice De- United States. authority to dismiss the White House partment in 1994 lobbied the House for Mr. HATCH. Mr. President, today we Travel Office staff without cause. I do passage of the so-called Racial Justice turn to H.R. 2937. This is a bill to pro- not begrudge the President his right to Act. This provision, in the guise of pro- vide for the legal expenses of Billy Dale control White House staff. But subse- tecting against race-based discrimina- and other former White House Travel quent to the firings, the Clinton White tion, would have imposed a quota on Office employees. House may have felt the need to justify

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4718 CONGRESSIONAL RECORD — SENATE May 6, 1996 its actions, given the tremendous No one should ever have to be put bipartisan support. This is an impor- media interest in this dismissal. Unfor- through this. No citizen of this country tant and long overdue measure. I find tunately, in justifying its own actions, should be treated in this fashion. I it a great breach of trust with the the White House ruined the reputations have to say there have been a number American people that the awesome of Mr. Dale and his colleagues. The of innocent citizens through the years prosecutorial powers of the Federal White House’ actions went well beyond who have had to make pleas just to get Government will be brought to bear on routine termination of jobs at the the Government off their back because innocent persons for political motives. President’s pleasure. What happened is the Government has a never-ending Even the White House in hindsight rec- simply unconscionable, and we have to source of funds, where they, of course, ognized that justice in this matter right these wrongs. can lose their whole lives and their needs to be done. Indeed, when White In May 1993, the Travel Office em- whole life’s work. In Mr. Dale’s case, House spokesman McCurry stated, ployees were fired and told to vacate that is what was happening. ‘‘Yes, and he signed it,’’ referring to the premises. In fact, two staff mem- Even so, he was maligned by these President Clinton’s intentions to sign bers learned of their termination on leaks after his acquittal. It has now this bill reimbursing Mr. Dale, this was the nightly news. That is how this been nearly 3 years since the termi- our call to enact this measure. We White House handled it. In an attempt nation of the White House Travel Of- should all keep this in mind when vot- to justify firing these loyal public serv- fice employees, and they are still in the ing to pass this bill. ants, the White House met with and unfair position of defending their rep- I strongly urge support for the pas- urged the FBI to investigate the Travel utations. It is time to close this chap- sage of this legislation. Office. Usually that is done solely by ter in their lives, and it is time to PRIVILEGE OF THE FLOOR calling anything they think is wrong allow them to have their reputations Mr. HATCH. Mr. President, I ask to the attention of the Justice Depart- back. I cannot, in good conscience, sit unanimous consent that Christina ment, who then can, if it is deemed quiet when I believe an arrogant use of Rios, of my staff, be given privileges of necessary, call in the FBI. That was power has taken place. The power of the floor for the pendency of the de- not the case here. They actually tried the White House was used to victimize bate. to influence the FBI to get involved in the innocent for a President’s political The PRESIDING OFFICER. Without what really was a political matter. gains. The targeting of dedicated pub- objection, it is so ordered. They used allegations concocted by lic servants, apparently because they Mr. HATCH. This is one of the most those who had a vested interest in run- held positions coveted by political unjust things I have seen in all the ning the office themselves. Curiously, profiteers, demand an appropriate re- time I have been here. It is just a the FBI helped craft the White House’ shame that the awesome power of the press release about the firings. sponse. Although their muddied per- sonal and smeared personal reputations White House could be utilized in this The accounting firm Peat Marwick fashion. I am pleased that the Presi- was hired to do an audit of the office. may never be fully restored, it is only just that the Congress do what it can dent basically stands behind this bill The firm’s report, however, did not and will not veto this bill. I am pleased substantiate the allegations of mis- to rectify these wrongs. Accordingly, this bill will make Mr. he said he would support this bill. I management asserted by the White hope our colleagues on the other side House. The firm found only modest fi- Dale and the other former White House Travel Office employees whole, at least will support it, as I hope our colleagues nancial irregularities, which are cer- on our side will support it. tainly not the same thing as embezzle- financially. It will never make up for what they have lost otherwise. But it There is no reason in this world why ment. we do not rectify this kind of wrong Now, this story would indeed be trag- will financially, by providing for attor- ney’s fees and expenses related to the caused by the Federal Government. My ic enough if it ended here. But it does only problem is I wonder how many criminal investigation. This is the very not. The Department of Justice then other wrongs like this there are in our least we can do. After all, we can do proceeded to indict Mr. Dale, seem- system today? I think by and large our nothing to restore their reputations, ingly without concern for the weakness system is as honest and good and de- their dignity, or their faith in this of its case. The case was so weak that cent as it can be, but occasionally we the citizens sitting on the jury who White House. Let me briefly explain to my col- do find people who play politics with heard all the evidence exonerated Mr. the law. You should never play politics Dale in fewer than 2 hours. For those leagues what this bill does for the former White House Travel Office em- with criminal laws. People’s lives, rep- who have tried a lot of lawsuits, it utations, their very inner psyches can ployees. This legislation provides for takes that long to organize the jury. be completely destroyed when put payment of the legal expenses incurred This question of use of the Federal through these types of embarrassing, by Billy Dale, Barney Brasseaux, John criminal justice system created a situ- despicable approaches. I am very upset Dreylinger, Ralph Maughan, John ation for Mr. Dale where he had to about it. spend some $500,000, and even consid- McSweeney, and Gary Wright in con- I would like to see this passed with- ered taking a plea, when he had com- nection with the wrongful criminal in- out event and without a lot of scream- mitted no crime, just to end it—just to vestigation launched against them sub- ing and shouting. It ought to be done in end this tremendous fiscal abuse of him sequent to their firings. Though Mr. a dignified way. Every one of us in this and his family. Dale suffered the greatest financial body ought to be proud to do it and Indeed, after the jury dismissed the losses, the remaining six employees send this message, not only to this allegations, someone leaked the exist- collectively incurred approximately White House but future White Houses ence of the plea negotiations to the $200,000 in their own defense. These six and future Justice Departments, that public in an attempt to further dis- innocent—let me repeat that, inno- we will not tolerate this kind of action credit Mr. Dale’s reputation. The Clin- cent—employees were unjustly dis- in the future. I suggest the absence of ton administration just could not let it missed so that rich White House cro- a quorum. end with Mr. Dale’s acquittal. It had to nies could snap up their jobs. While The PRESIDING OFFICER. The take one more swipe at Mr. Dale. Not this bill does not provide for compensa- clerk will call the roll. only are plea negotiations a necessary tion of all expenses associated with the The assistant legislative clerk pro- part of our judicial system, they are in- investigation into the Travel Office ceeded to call the roll. tended to remain confidential and are matters, such as costs incurred while Mr. HATCH. Mr. President, I ask not to be used against a criminal de- appearing before Congress, it will pro- unanimous consent that the order for fendant. Mr. Dale likely considered a vide for attorney’s fees and costs that the quorum call be rescinded. plea agreement because he was faced resulted from defending themselves The PRESIDING OFFICER. Without with a crushing financial problem and against criminal investigations. objection, it is so ordered. burden, an uncertain future, and want- I thank my colleagues for consid- Mr. HATCH. Mr. President, I, as you ed to put an end to a trial that had be- ering this piece of legislation and, know, have made some arguments here come too much of a strain to his family above all, the Members of the House for that this is a bill that everybody ought and reputation. passing H.R. 2937 with overwhelming to be for. It is to right injustices that

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4719 were created by certain people at the his family was going down the drain I am calling on the President of the White House which the President even that the fellow was ready to even take United States to see that this gets acknowledges in the sense that he said a guilty plea or a plea to a minor of- done. I expect to do my very best to get he would support this legislation. He fense in order to get the doggone ordeal it done, and I hope this rumor that I does support this legislation. He thinks over, which happens from time to time am hearing is not true. If it is, I have an injustice was done, and he thinks to innocent people. Fortunately, it to say that the comity in this body is that Billy Dale and the other former went to the jury, and in this country, just breaking down. I do not want to employees ought to be reimbursed having tried hundreds of jury cases, see that happen because there are a few their legal expenses. The President is hundreds of them, I have to tell you, I of us who want to see things resolved. behind this. believe in that jury system. A few of us want to resolve some of This is not a partisan issue. But I After the O.J. Simpson vote, I was in- these problems. Where we have head- just have been informed that the terrogated on that, and I said I will go butting things where both sides feel Democrats on the cloture vote tomor- with the jury. I may have my own very deeply, that is another matter. row are going to vote against cloture opinions, but I am going to go with the But on most matters around here we on something this bipartisan. Not one jury. In this case there is no question will resolve them, and this matter of them is going to speak against it. I about it, and everybody pretty much should not even be in question. do not think anybody in this body can admits it. I yield the floor. speak against this bill. But they are If we are going to play games with Mr. DASCHLE addressed the Chair. going to filibuster this bill because this type of stuff—I do not mind my The PRESIDING OFFICER. The Sen- they cannot add the minimum wage to friends on the other side finding fault ator from South Dakota is recognized. this bill, or they cannot add any num- and hustling against legislation they Mr. DASCHLE. Mr. President, I ber of other liberal wish lists to this despise or think is wrong. I do mind it heard the statement of the distin- bill. on this legislation. guished Senator from Utah, and I did Talk about an unjust situation con- Let me tell you something. There are not even have my television monitor founding an unjust situation. I cannot two sides to the minimum wage. There on. believe that my colleagues are going to are two sides to abortion. There are I wish to begin in my response in do that on the other side. They ought two sides to all these buzz issues. There agreement with what the Senator has to be the first to say, get this bill are not two sides to this issue. There is just articulated. I believe as he be- through and do it and right this wrong. one side. And I do not know anybody lieves, and there is no one who cares When I was a Democrat we were con- who could rebut it or who would have more deeply about comity in this body cerned about people’s feelings. We were the temerity to come out here and try than does the distinguished Senator concerned about compassion. We were to rebut it. from Utah—about the need for comity, concerned about injustice. We would So I think it is time to quit playing about the need for ways in which to re- move heaven and Earth to try to do games with something like this. solve our differences in a reasonable something about it. But that is one Surely, the tree was tied up. I was way, in a bipartisan or nonpartisan reason I left the party. Politics is more not here, but it was tied up because we way, and that ought to extend to legis- important than anything else, I guess. did not want any games played on lation that may divide us as well. As he I am calling on my colleagues on the something that will right the injus- has indicated, this bill does not divide other side to do something about this. tices of the past like this bill does. us. I do not know that there will be a This is a wrong that ought to be I am calling on my colleagues on the vote against this particular piece of righted. This man has been mistreated, other side to give some consideration legislation when we get to that point. and so have his colleagues. His reputa- to not just me as chairman of the Judi- I think the Senator from Utah under- tion has been smeared and besmirched. ciary Committee, who has tried to standably underestimates the extraor- And everybody in this body knows it, work with them in so many ways, but dinary frustration that Democrats are and everybody in the other body. The to their own President who said he sup- feeling given the current cir- other body acted with dispatch and ports this legislation and get it over cumstances. We were told that the so- reason and dignity and in a bipartisan with. It is to their advantage to get it called Presidio bill was not the bill way and passed this legislation. We are over with rather than have to beat this with which to offer the minimum wage going to correct the legislation with to death over the next few days. I do amendment, and it was dropped. We Senate legislation and send it back. not want to stand here and just keep were told then that the term limits bill And it will pass overwhelmingly over pointing out the White House defi- was not the bill with which to offer the there. And if we play a two-bit game of ciencies on it. I wish to right this minimum wage amendment, and it was not invoking cloture tomorrow I think wrong, get it over with and then not dropped. We were told that the immi- that is pathetic. talk about it anymore. gration bill was not the bill with which I challenge my colleagues to wake up So I am calling on my friends on the to offer the minimum wage amend- and quit playing politics with stuff like other side to give some consideration ment, and again it was dropped. this. There is a place and a time to fili- to the work that some of us are doing. On bill after bill after bill after bill buster. There is a place and a time to I know they feel deeply about the min- after bill, the Republicans have said bring up the minimum wage. This is imum wage. Some on our side feel this is not the bill, this is not the legis- not one of them. I would be ashamed deeply on the other side, and there is lation, and in fact in most cases, not to see this bill just pass right going to be a battle on minimum wage whether it was the Presidio legislation through especially since nobody over sooner or later around here. This is or immigration, in many of those cases there is going to speak against it, or if just not the right vehicle to bring the we then voted for cloture in an effort they are I would like to hear what they complaint about, have someone to to move this process along in the name have to say because I am prepared to bring up their special amendments on of comity, in the name of trying to re- rebut anything they say. And I mean I this. I think this is the time to do what solve the pending issue because, as the am really prepared. And they better ex- is right. distinguished Senator from Utah said, pect a rough time if somebody came on If the President said he opposed it, we ought to be able to do that. this floor and said that Billy Dale OK, I can accept it. But I am calling on And we have also said, look, we will should not be reimbursed. the President of the United States to agree to a time certain. We will agree Where is the compassion the Demo- get with it as my friend and the friend not only to a time certain with regard crats say they have? Where is the fair- of every Democrat over here and to to how much time is actually devoted ness? Where is the care for somebody talk to our colleagues on the other side to the debate on minimum wage, we who has been besmirched, and every- and to say look, fellows, men and will take a half hour and a vote; we body admits it, who had to go through women on the Democratic side of the will do it this afternoon, tonight, to- 21⁄2 years of being brutalized in a full- floor, this is something that has to be morrow. If that cannot be done as part fledged criminal trial where it got so done and it should not be delayed and of an amendment to a bill, we will take bad and his expenses were so high and it ought to be done now. it standing alone any time in the next

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4720 CONGRESSIONAL RECORD — SENATE May 6, 1996 few weeks. Tell us when. And that too are supposed to offer amendments in the filibuster rule. It is what makes us has been denied us. those situations where we are not able different from the House of Representa- So, Mr. President, I have to ask, to get a bill to the floor, and what hap- tives. I might also add, I do not know what does a guy do? How do you re- pens? It is becoming a pattern. What a Senator who wants to go to the solve this with comity? How do you re- happens is a bill is presented to the House of Representatives. I know a lot solve this in a way to try as best we Senate floor and the tree is filled. of Members of the House who would can to work through these issues and There are so many leaves on this tree like to come here, especially Demo- yet be sure that we as Democrats are it looks like a forest in this place. I crats. I have to say I guess Republicans given an opportunity to address a very must tell you, it gets frustrating when have that desire as well. important issue? we are not given the same opportunity But to make a long story short, I do Mr. HATCH. Will the Senator yield we gave the minority when we were in not believe that every bill has to be a on that point? the majority. bill where you cannot debate nonrel- Mr. DASCHLE. When I finish, I will I am sorry the Senator from Utah is evant amendments, but this is one that be happy to yield. I would be more than frustrated. He is beginning to sense a passed 350 yeas to 43 nays in the House. pleased to enter into a dialog with my little of the frustration we feel on our It is a truly bipartisan bill, one that colleague from Utah but let me just side. This minimum wage vote will rights a terrific wrong that the White finish some thoughts here. happen. It is just too bad that it has House basically admits was done, one I am disappointed, frankly, after all not happened already. There will be of which the President said, ‘‘I support these weeks and with all of these good- other votes that may not be com- it. It is the right thing to do.’’ And faith efforts made, as amendments fortable votes. But, my heavens, this is which I think my friends on the other have come up, as bills have been con- the U.S. Senate, and we ought to have side ought to accept. Since nobody opposes this, why make sidered, that we have not been able to an opportunity to debate them, vote resolve this matter. I do not know how this the cause celebre with regard to them, have our differences and work the minimum wage or any other spe- much longer it will take, but I do know through them. We ought to allow de- this. It appears more and more that cial interest legislation that either bates to take place. side would like to bring up? Both sides many of our Republican colleagues se- Indeed, let me end where I began and have their peculiar special interests. cretly desire to be in the House of Rep- where the Senator from Utah ended: resentatives. I would urge them to run We all know that. Both sides are sin- Let there be comity. Let there be a cere on these special desires. But this for the House of Representatives if that way in which to resolve these matters is their desire. If they want the luxury is one where the President said he in a good-faith manner. I am prepared would support it. This is one where 350 of eliminating the opportunity for the to do that. I know he is prepared to do Members of the House, Democrats and minority to offer amendments, if they that. The sooner it happens the better. Republicans, said they would support want the luxury of saying we are not The PRESIDING OFFICER. The Sen- it, and only 43 were against it. going to have a debate about an issue ator from Utah. This is one where I think 100 Sen- that we do not want to debate, then Mr. HATCH. Mr. President, I am pre- ators will support it, at least I believe run for the House. I still think there pared to do that. I believe in comity, 100 Senators would, because I think may be some seats open this year. and I have worked hard with my col- every Senator here knows this is a ter- They could try it even this year. My leagues on the other side for comity. rific injustice. This bill is one that lit- heavens, if you want to be in the Sen- There have been innumerable bills erally will not repair the reputations ate, if you want all the opportunities where the Democrats have brought up and the lives of those who went that the Senate provides us for good, not-relevant amendments throughout through this horrendous experience but unlimited, open debate, then let us not this process. will at least say to the public at large, act like the House of Representatives. What has happened here is they and to them, that we in the Senate Let us not foreclose every single option think they have a good political issue have some consideration for them, we that Senators are supposed to have, to in the minimum wage. There will be a have some compassion, that we care for be able to consider and vote, consider vote on the minimum wage before this them, that we are sorry for what hap- amendments and consider issues in a year is out, there is no question. I do pened, and what we can do, we will bona fide way, trying to work through not blame the majority leader, who is have done. our differences. That is what this is all acting no differently than the distin- I happen to have a great deal of about. guished Senator from South Dakota friendship for my friend from South But to be shut off, bill after bill after when he was majority leader. I do not Dakota, the Democrat leader on the bill after bill, and to be told now this is blame the majority leader for wanting floor. There is no question that we are not the bill either, in spite of the fact to be able to schedule that at the ap- close friends. I cannot imagine, know- that we have unanimity on it, I ask the propriate time, not on every bill. ing him as well as I do, that he would President, what should we do? We have Also, in my whole time in the Senate allow his party, his side to be so crass no choice, Mr. President. We have no I do not remember a period of time like as to filibuster this bill or to even re- choice but to make our colleagues un- the last 2 years where almost every- quire a cloture vote. This side would be derstand that this is the U.S. Senate thing is filibustered, where it takes a just a voice vote, although I would like and in the U.S. Senate you ought to be cloture vote to be able to end the de- to see everybody stand up and vote 100 given opportunities. bate. I think part of that came because to zip to support this bill. I really be- I have a list here. I do not know, I do our friends on the other side did not lieve—I am just counseling my col- not think I will go through them be- like the Contract With America. They league, whom I care for and he knows cause it really does not serve any use- did not want it to succeed. They have a it—I really believe it is the right thing. ful purpose, but I can give you a list of right to fight against it, and they have We ought to get it over with, get it Domenici amendments, Helms amend- a right to filibuster against these—but done, not spend a lot of time on it, let ments, McCain amendments, Roth not everything. I have to admit, as these people know Democrats and Re- amendments, Gramm amendments, somebody who has utilized the fili- publicans are together on this and not Hatch amendments—you name it. We buster in the past and is known as get involved in the quagmire of the have amendments with just about somebody who can utilize it, I have minimum wage or anything else. every Republican name on them that used it very sparingly, only on major I know that is going to come up. I were not relevant to a bill in past issues where there are clear-cut dif- know it has to come up. I know our years, in past Congresses, offered on ferences and where it is justified. But friends in the minority have a right, that side and not precluded by the we have had a virtual slowdown on ev- have many rights, and there will be Democratic majority at the time, be- erything. many tough votes, as the distinguished cause they thought it was important. Having said that, my colleagues on Senator says, for both sides. That is They thought it was important. the other side have a right to do that. just the way it is, not only in a normal So here we are. The roles are re- I am not going to take that right away. year but in a Presidential year in par- versed. We are the minority. Now we In fact, I would fight to my death for ticular. But there are some things we

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4721 should do in a bipartisan way. We Mr. DASCHLE. Mr. President, once So I hope we can resolve it. I hope we should not elevate it to the level of fili- again, I commend the distinguished can find a way to work through this. I buster. We should not elevate it to the Senator from Utah for appealing to hope that maybe this problem can be level of trying to get one or the other reason and calm. I was thinking just as resolved in the next day. I would like side’s own personal preferences, espe- I was listening to his thoughtful re- to see in the next 24 hours a way to re- cially when the President supports it. marks about how easy it would be to solve it once and for all. It is within So I am calling on the President. I easily insert the minimum wage as he our grasp. We need to do it. The sooner am calling on my colleagues on the made an appeal for compassion, for we do it, the better. other side. I am calling on my friend, doing what is right, for bipartisanship, I yield the floor. the minority leader, to think this for some appreciation of the magnitude Mr. HATCH addressed the Chair. through and let us get this over with of this problem as it affects those peo- The PRESIDING OFFICER. The Sen- and do what is right and give these ple who are directly going to be the ator from Utah. people a chance to walk away with at beneficiaries, should the legislation Mr. HATCH. Mr. President, I have least some measure of dignity, even pass. listened to my colleague, and I have to though they will never get their full Indeed, one could make that case, tell you that I remember the days reputations back in the eyes of some that it is time for us to put aside our when Majority Leader Mitchell was ac- people. They have been scarred for life. partisan differences and do what is cusing us of filibustering all the time. The least we can do is try to do some right, recognize that it has been a long, He would call up a bill and then he plastic surgery here to make the scars long time—5 years—since we passed the would file cloture that very minute and a little less reprehensible to them. I minimum wage. The purchasing power accuse us of filibustering where there think we all ought to have the compas- is the lowest it has been now in 40 was no intention to filibuster whatso- sion to do that. years. ever. I would be willing to commit this That is all I am asking for. I can live Be that as it may, I think both sides afternoon to the chairman of the com- with whatever the minority wants to have misused the filibuster from time mittee that we will vote for cloture, we do. I caution the minority to not do to time. I think that is one of the will vote for final passage if he can what I have heard might be done and to points I made—it can be overused. I work with me this afternoon to get a really think this through and help me, would still fight to my death to keep it commitment for an up-or-down vote on as Judiciary Committee chairman, to alive, because it makes this the freest minimum wage immediately following get this matter over and done with; get legislative body in the world and it is a the vote on this particular bill. great protection for the minority. I be- it over for the White House and done. If we can do that, we have exactly Once it is done, it will not be men- what the two Senators currently on the lieve in that because I have been in the tioned again, to my knowledge, on the floor both want: Passage unanimously minority and I know how tough it is to floor. Just go from there. I just think perhaps for this legislation, a bill to be in the minority. I have no qualms it makes sense to do that. provide for the expenses of those who about saying to the minority leader But I can live with anything. I have were victimized by the unfortunate cir- that it is a tool that he can use. been around here a long time, and I cumstances in the travel office, and I am just suggesting, citing the min- have seen a lot of injustices before. But then send a clear message to more than imum wage to show compassion right I think, if we delay this and play games 14 million Americans, most of whom now is not the same as citing the Billy with this bill, then we will play games are heads of household, that at long Dale matter where 100 people here with anything. I think this would be a last we are going to give you a little know he and his colleagues were very tremendous, manifest injustice. That is more empowerment, we are going to badly treated. There is not the same bi- my opinion, but I think it is shared by give you a little more purchasing partisan support for the minimum a wide variety of people on both sides power. That is really what this is all wage. of the aisle. I think really we ought to. about. This is an effort to try to find a There is a tremendous set of argu- There will be plenty of chances on way to address our mutual agendas, ments against the minimum wage. I other legislation, there will be plenty the majority’s and the minority’s. feel very deeply myself. For instance, of chances to get the will of the minor- I agree with so much of what he said, it is ridiculous to tell people we have ity done. I think, just work with the but I will disagree with one point. He to give them a living wage when, in majority leader. I think it will get made the comment that he has never fact, people who are heads of families done because I guarantee there is going seen so many filibusters. Let me tell who are on the minimum wage have all to be a bill on it, but it is going to sat- you, as one who served in the majority kinds of other Federal benefits that are isfy both sides if it happens. It is not in the last few Congresses, this side in added to get them way above the ap- just going to be a one-sided bill. the 102d and the 103d Congress, our Re- proximately $8,000 or $9,000 the min- I think there will be an appropriate publican colleagues were the Babe imum wage gives them, and we are time to do that. I just believe, and I Ruths of filibusters. We are still in the paying for it as taxpayers. So it is not think most people who look at this minor leagues when it comes to filibus- like they are bereft and limited only to fairly believe, this is not the bill you ters, when it comes to shutting this whatever the minimum wage is. should be playing games with. Having place down. There is the other argument, and a said that, I respect my dear colleague, At one point, there were 60 filibusters whole raft of arguments, about loss of I still love and appreciate him, and I pending in a Congress. It was unbeliev- youth jobs for especially impoverished know he has a tough job. I know he has able. There was nothing we could do. youth and uneducated youth; their op- to handle his side. But I hope he will There was no legislation we could ad- portunities for working are gone. We urge them to err on the side of caution, vance. And so we learned, hopefully can go into that ad infinitum. There err on the side of doing what is right, well, and we will keep trying to learn are legitimate arguments against it, err on the side of compassion, err on better, we will keep trying to apply the and there is a, almost even, set of view- the side of rectifying wrongs that are lessons given us in past Congresses to points concerning whether it should or clear-cut wrongs, err on the side of sup- be effective as Members of the minor- should not be enacted. porting the President. ity, but we are not in that league yet. I can live with it one way or the I think if you do that, you will win a It is not even close. other, to be honest with you, but I lot of respect from some people who When we have insisted on a filibuster think it is a mistake to keep raising need to respect the minority as much in large measure is when we have been the minimum wage and raising all the as I do. prevented from being equal partners in other social benefits as well and, basi- I just wanted to say those things. I the legislative process, when we have cally, decreasing youth jobs by the feel deeply about it. I hope my col- not been given an opportunity to offer hundreds of thousands. league can help me on this. amendments, to participate in the de- Be that as it may, that is an argu- The PRESIDING OFFICER. The dis- bate, to have our say, to have some ment. There is not the same bipartisan tinguished Democratic leader is recog- balance here in striking this legislative belief in the minimum wage that there nized. comity that we do want. is in the Billy Dale bill. There are

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4722 CONGRESSIONAL RECORD — SENATE May 6, 1996 many vehicles whereby the Democrats But they have to get the job. I might It really bothers me that that battle can raise cane about it and can fili- add, that people who do not get the job would be used to defeat or to stop or to buster with regard to the minimum stay in poverty and on welfare. It is deter resolving a gross manifest of in- wage, but this should not be one of very insensitive to play politics with justice like what happened to Billy them. If the President was against the the minimum wage. But if it seems im- Dale and his companions, which hap- Billy Dale matter, I could understand portant, if it is one of these absolute pened from this White House. It really it, but he is for it. things that we have to have—I have lis- is amazing to me, absolutely amazing. If the distinguished minority leader tened now for weeks to the Senator The Democrats on the other side, was against rectifying the wrongs done from Massachusetts and others who are who are so anxious to do something to Billy Dale and his associates, then I advocates for the minimum wage. about the minimum wage, did not do could understand this, but he is for it. It is easy to be advocates, boy, when anything in 1993. They did not do any- Are the other Democrats against the you have the major media behind you thing in 1994. Why? Because they knew Billy Dale matter? Of course not. They because of the recent polls that show it was bad for the country. They knew are for it, and the reason they are is who they do back—90 percent for Presi- it was bad for the country. But today because it is right. dent Clinton. Where were they, these raising the minimum wage, they think, I think there are things to raise fili- wonderful Democrats, these wonderful is good for Democrats, especially with busters about and things to vote liberals who are so concerned about all their help in the media. But you know against cloture on, and I certainly the little people out there who think there are articles starting to come out would fight to my death for the minori- the minimum wage is such a tragedy? by those who are thoughtful and re- ty’s right to do that. But there are also Where were they between 1992 and flecting on this, saying, with caution, things that are right and wrong, and 1994—tell me—when they had control of ‘‘Be cautious with regard to raising the the wrongs against Billy Dale and the this body, when they had control of the minimum wage. You may cause more way he was treated by this White other body? Where were they? problems than you fix.’’ House ought to be rectified, and we Why all of a sudden in an election Keep in mind for those out there who could do it like that. year to come out here and play games buy off on this language that you can- We can do it by doing what we all with the minimum wage? Why would not live on whatever the minimum know is right and not playing around they use that gameplaying to disrupt a wage is— $4.25, $4.35 an hour—I agree, bill to correct an absolute legal injus- with his reputation one more day. I you cannot support a family on that. tice that all of us admit is a legal in- find it unseemly that because of the But this country is not justice caused by White House staff, difficulties over the minimum wage uncompassionate. When you add food caused by pure brazen politics, caused that our colleagues on the other side stamps, and you add the earned-income by greed of people who supported the might consider not letting this bill tax credit, and you add a whole raft of President? pass and getting it over with and doing Why would they want to continue to other social spending programs, includ- what is right. What really makes it un- talk about this for days on end? You ing Medicare and Medicaid, when you seemly, in my eyes, is that they had would think they would have sense add all kinds of social welfare benefits the majority for 2 years, between 1992 enough to get it over with, especially that they are entitled to under our cur- and 1994. They had the majority. Where since the President says, in the most rent budget, nobody who runs a family was the minimum wage then when they sincere fashion possible, ‘‘You were lives on the minimum wage. had the majority? Why did they not done wrong, Mr. Dale. And I support The fact of the matter is, they are pass it then? They not only had the the efforts to try and resolve that entitled to these even if they work for Senate, they had the House. Where wrong.’’ Let the President retire in dig- the minimum wage. You are talking were all these compassionate minimum nity from the Billy Dale fiasco. about an average family income of well wage advocates in those 2 years? The minimum wage—we can live to over $13,000 a year that is well above Why is it suddenly in a Presidential fight that another day. But even so—I what an increase in the minimum year that our distinguished friend from am not going to call it hypocritical— wage, this 90-cent increase, would do at Massachusetts comes on, waving his but where were these wonderful saviors $5.25. Where were these people in 1992, arms, saying, ‘‘Oh, we have to do some- of the minimum wage in 1992, 1993, 1993, and 1994? Where were they over thing about the minimum wage″? Be- 1994? In fact, where were they when the last 5 years, if it is so important? cause he knew that 89 percent of the they took over the Senate in 1986, 1987, Why were they not out here getting it major media in this country who sup- 1988? We did pass one then, I guess. But done since they controlled both Houses port Clinton were going to get excited where were they in 1992 and 1994 when of Congress, and in 1993 and 1994 con- and say, ‘‘Oh, BOB DOLE looks bad be- they controlled the Senate, they con- trolled the Presidency too? cause he is not for minimum wage.’’ trolled the House? They could have Where were the unions at that time Come on, the people are not stupid. done anything they wanted to do. I demanding the minimum wage to be We know doggone well this is a game guess it was not an election year then. increased? I did not hear any real ruf- to push up from the bottom so those in I guess because this President had won fling by the unions or anybody else. organized labor can make demands at the heat was off, and they could wait The reason was, they know doggone the top. They know that. It is a game to take care of these people during an well that increasing the minimum that has been played for years, and one election year so that they could score wage is no panacea, that it does not reason we are going to get back into some political points. solve the problems. You are still going the inflationary cycle if we get suck- That may be a little harsh. I will re- to have to face the problems. And the ered into doing that again. tract a little bit by saying there are best way to do that is straight up, and But even if the minimum wage is literally those who have never studied with opportunity, economic oppor- right, if it is so right today, why was it economics in this body who really be- tunity, not false mandating, further not right between 1992 and 1994? If I am lieve that the minimum wage needs to mandates on the backs of the American shouting here, I hope they can hear me be raised because they really believe people. outside the Chamber. Where were all that they are going to help people to If we had not passed the unfunded the Democrats then, these great sav- support their families with that extra mandates bill, I would say, well, maybe iors of the little people? Why, it was 90 cents over 2 years. there is a better logical argument for not politically a great thing to do then Give me a break. It will cost hun- the minimum wage. The fact is, we because we would have pointed out how dreds of thousands of jobs for disadvan- passed it, and this is a mandate on the many jobs would be lost for these dis- taged youth who will never get a job backs of American business of $1 bil- advantaged young people that cannot after that, who, if they had gotten a lion annually. That is something to get that first inception job. History minimum wage job because they were think about. Why would we do that if shows that if they get that inception not priced out of the marketplace, we think the unfunded mandates bill is job, it will not be long until they will would go on to make more money, get so important, which passed overwhelm- be making a lot more than the min- trained, have the dignity that comes ingly here in the United States? I could imum wage. from working, and so forth. go on and on. But my point is, I hope

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4723 our colleagues on the other side will THE VERY BAD DEBT BOXSCORE conditions prevailing in Egypt; to the Com- think better by tomorrow morning. mittee on Foreign Relations. Mr. HELMS. Mr. President, the awe- EC–2409. A communication from the Chair- This ought to pass on a voice vote. I some $5 trillion Federal debt stands would prefer to have a vote on it just man of the Farm Credit Administration, today as an increasingly grotesque par- transmitting, pursuant to law, the annual re- so everybody will know there are 100 allel to the energizer bunny on tele- port for fiscal year 1995; to the Committee on Senators who want to right this injus- vision that keeps moving and moving Governmental Affairs. tice or the series of injustices and and moving—precisely in the same EC–2410. A communication from the Con- these wrongs and who want to support manner and to the same extent that gressional Review Coordinator of the Animal the President. And in doing so, the and Plant Health Inspection Service, Depart- the President is allowing the Federal ment of Agriculture, the report of a rule rel- President had the guts to stand up and debt to keep going up and up and up say, ‘‘Yes. The White House did wrong ative to Export Certificates; to the Com- into the stratosphere. mittee on Agriculture, Nutrition, and For- here. And we should rectify this.’’ I re- A lot of politicians like to talk a estry. spect him for that. I think we all good game—‘‘talk’’ is the operative EC–2411. A communication from the Con- should. word here—about cutting Federal gressional Review Coordinator of the Animal But if we have a filibuster tomorrow, spending and thereby bringing the Fed- and Plant Health Inspection Service, Depart- I am going to have a rough time re- eral debt under control. But watch how ment of Agriculture, the report of a rule rel- ative to Importation of Additional Species of specting anybody who participates in they vote on spending bills. that under these circumstances, espe- Embryos; to the Committee on Agriculture, Mr. President, as of the close of busi- Nutrition, and Forestry. cially since it passed the House 250 to ness Friday, May 3, the exact Federal EC–2412. A communication from the Con- 43. I yield the floor. debt stood at $5,089,270,954,342.92 or gressional Review Coordinator of the Animal The PRESIDING OFFICER. Does the $19,220.40 per man, woman, child on a and Plant Health Inspection Service, Depart- Senator suggest the absence of a per capita basis. ment of Agriculture, the report of a rule rel- quorum? ative to Animals and Embryos from Scrapie Mr. HATCH. Mr. President, I suggest f Countries; to the Committee on Agriculture, the absence of a quorum. MESSAGES FROM THE PRESIDENT Nutrition, and Forestry. EC–2413. A communication from the Con- The PRESIDING OFFICER. The ab- Messages from the President of the sence of a quorum has been suggested. gressional Review Coordinator of the Animal United States were communicated to and Plant Health Inspection Service, Depart- The clerk will call the roll. the Senate by Mr. Thomas, one of his ment of Agriculture, the report of a rule rel- The legislative clerk proceeded to secretaries. ative to Horse from Bermuda and the British call the roll. EXECUTIVE MESSAGES REFERRED Virgin Islands; to the Committee on Agri- Mr. DOLE. Mr. President, I ask unan- As in executive session the Presiding culture, Nutrition, and Forestry. imous consent that the order for the Officer laid before the Senate messages EC–2414. A communication from the Con- gressional Review Coordinator of the Animal quorum call be rescinded. from the President of the United The PRESIDING OFFICER. Without and Plant Health Inspection Service, Depart- States submitting sundry nominations objection, it is so ordered. ment of Agriculture, the report of a rule rel- which were referred to the appropriate ative to Imported Fire Ant; to the Com- f committees. mittee on Agriculture, Nutrition, and For- (The nominations received today are estry. CLOTURE MOTION printed at the end of the Senate pro- EC–2415. A communication from the Con- Mr. DOLE. Mr. President, I send a ceedings.) gressional Review Coordinator of the Animal and Plant Health Inspection Service, Depart- cloture motion to the desk. f The PRESIDING OFFICER. The clo- ment of Agriculture, the report of a rule rel- MESSAGES FROM THE HOUSE ative to Brucellosis: Approved Brucella Vac- ture motion having been presented cines; to the Committee on Agriculture, Nu- under rule XXII, the Chair directs the ENROLLED BILLS SIGNED trition, and Forestry. clerk to read the motion. At 2:31 p.m., a message from the EC–2416. A communication from the Con- The legislative clerk read as follows: House of Representatives, delivered by gressional Review Coordinator of the Animal CLOTURE MOTION Ms. Goetz, one of its reading clerks, an- and Plant Health Inspection Service, Depart- We, the undersigned Senators, in accord- nounced that the Speaker has signed ment of Agriculture, the report of a rule rel- ance with the provisions of rule XXII of the the following enrolled bills: ative to Karnal Bunt: Amend Quarantine Standing Rules of the Senate, hereby move Regulations; to the Committee on Agri- H.R. 2064. An act to grant the consent of culture, Nutrition, and Forestry. to bring to a close debate on Calendar No. Congress to an amendment of the Historic 380, H.R. 2937, an act for the reimbursement Chattahoochee Compact between the States f of attorney fees and costs incurred by former of Alabama and Georgia. employees of the White House Travel Office H.R. 2243. An act to amend the Trinity with respect to the termination of their em- River Basin Fish and Wildlife Management ADDITIONAL COSPONSORS ployment in that office on May 19, 1993: Act of 1984, to extend for three years the S. 253 Bob Dole, Orrin Hatch, Spence Abraham, availability of moneys for the restoration of Chuck Grassley, Larry Pressler, Ted At the request of Mr. LOTT, the name fish and wildlife in the Trinity River, and for of the Senator from Illinois [Mr. Stevens, Rod Grams, Strom Thurmond, other purposes. SIMON] was added as a cosponsor of S. Thad Cochran, Judd Gregg, Paul Cover- The enrolled bills were signed subse- dell, Connie Mack, Conrad Burns, 253, a bill to repeal certain prohibitions Larry Craig, Richard Lugar, Frank H. quently by the President pro tempore against political recommendations re- Murkowski. (Mr. THURMOND). lating to Federal employment, to reen- Mr. DOLE. I ask unanimous consent f act certain provisions relating to rec- that this cloture vote, if necessary, EXECUTIVE AND OTHER ommendations by Members of Con- occur at 10 a.m. on Wednesday, May 8, COMMUNICATIONS gress, and for other purposes. and the mandatory quorum under rule The following communications were S. 258 XXII be waived. laid before the Senate, together with At the request of Mr. PRYOR, the The PRESIDING OFFICER. Is there accompanying papers, reports, and doc- name of the Senator from Iowa [Mr. objection? Without objection, it is so uments, which were referred as indi- HARKIN] was added as a cosponsor of S. ordered. cated: 258, a bill to amend the Internal Rev- f EC–2407. A communication from the Sec- enue Code of 1986 to provide additional retary of the Interior, transmitting, pursu- safeguards to protect taxpayer rights. MORNING BUSINESS ant to law, notification of the intention to S. 794 Mr. DOLE. I now ask unanimous con- award specific watershed restoration con- At the request of Mr. LUGAR, the sent there be a period for the trans- tracts; to the Committee on Energy and Nat- name of the Senator from Tennessee ural Resources. [Mr. FRIST] was added as a cosponsor of action of morning business with Sen- EC–2408. A communication from the Senior ators permitted to speak for up to 5 Deputy Assistant Administrator (Bureau for S. 794, a bill to amend the Federal In- minutes each. Legislative and Public Affairs), U.S. Agency secticide, Fungicide, and Rodenticide The PRESIDING OFFICER. Without For International Development, transmit- Act to facilitate the minor use of a pes- objection, it is so ordered. ting, pursuant to law, the report of economic ticide, and for other purposes.

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4724 CONGRESSIONAL RECORD — SENATE May 6, 1996 S. 896 S. 1697, a bill to amend the independent (2) that became infringing by reason of sec- At the request of Mr. CHAFEE, the counsel statute to require that an indi- tion 154(c)(1) of such title, as amended by name of the Senator from Missouri vidual appointed to be an independent section 532 of the Uruguay Round Agree- ments Act (Public Law 103–465; 108 Stat. [Mr. BOND] was added as a cosponsor of counsel must agree to suspend any out- 4983). S. 896, a bill to amend title XIX of the side legal work or affiliation with a law (c) EQUITABLE REMUNERATION.—For acts Social Security Act to make certain firm until the individual’s service as described in subsection (b), equitable remu- technical corrections relating to physi- independent counsel is complete. neration of the type described in section cians’ services, and for other purposes. S. 1724 154(c)(3) of title 35, United States Code, as amended by section 532 of the Uruguay S. 932 At the request of Mr. THOMAS, the Round Agreements Act (Public law 103–465; At the request of Mr. JEFFORDS, the names of the Senator from Wyoming 108 Stat. 4983) shall be awarded to a patentee name of the Senator from Oregon [Mr. [Mr. SIMPSON], the Senator from Ari- only if there has been— WYDEN] was added as a cosponsor of S. zona [Mr. KYL], the Senator from Idaho (1) the commercial manufacture, use, offer 932, a bill to prohibit employment dis- [Mr. CRAIG], and the Senator from Ala- to sell, or sale, within the United States of crimination on the basis of sexual ori- bama [Mr. SHELBY] were added as co- an approved drug that is the subject of an ap- entation. sponsors of S. 1724, a bill to require plication described in subsection (a); or (2) the importation by the applicant into S. 1183 that the Federal Government procure the United States of an approved drug or of At the request of Mr. HATFIELD, the from the private sector the goods and active ingredient used in an approved drug name of the Senator from Hawaii [Mr. services necessary for the operations that is the subject of an application de- AKAKA] was added as a cosponsor of S. and management of certain Govern- scribed in subsection (a). 1183, a bill to amend the act of March ment agencies, and for other purposes. (c) APPLICABILITY.—The provisions of this section shall govern— 3, 1931 (known as the Davis-Bacon Act), SENATE RESOLUTION 151 (1) the approval or the effective date of ap- to revise the standards for coverage At the request of Mr. MACK, the name proval of applications under section 505(b)(2), under the act, and for other purposes. of the Senator from Vermont [Mr. JEF- 505(j), 507, or 512(n), of the Federal Food, S. 1271 FORDS] was added as a cosponsor of Drug, and Cosmetic Act (21 U.S.C. 355 (b)(2) and (j), 357, and 360b(n)) submitted on or At the request of Mr. CRAIG, the Senate Resolution 151, a resolution to designate May 14, 1996, and May 14, after the date of enactment of this Act; and name of the Senator from Alaska [Mr. (2) the approval or effective date of ap- STEVENS] was added as a cosponsor of 1997, as ‘‘National Speak No Evil Day,’’ proval of all pending applications that have S. 1271, a bill to amend the Nuclear and for other purposes. not received final approval as of the date of Waste Policy Act of 1982. f enactment of this Act. S. 1607 AMENDMENTS SUBMITTED AMENDMENT NO. 3959 At the request of Mr. KYL, the name At the appropriate place in the pending of the Senator from Arizona [Mr. matter, insert the following new section: MCCAIN] was added as a cosponsor of S. THE WHITE HOUSE TRAVEL SEC. . SENSE OF THE SENATE FOR THE REIM- 1607, a bill to control access to pre- OFFICE REIMBURSEMENT ACT BURSEMENT TO CERTAIN INDIVID- cursor chemicals used to manufacture UALS FOR LEGAL EXPENSES RELAT- methamphetamine and other illicit ING TO THE WHITEWATER DEVELOP- PRYOR AMENDMENTS NOS. 3958– MENT CORPORATION INVESTIGA- narcotics, and for other purposes. TION. 3959 S. 1610 (a) FINDINGS.—The Senate finds that— (1) the Senate Special Committee to Inves- At the request of Mr. BOND, the name (Ordered to lie on the table.) tigate Whitewater Development Corporation of the Senator from North Carolina Mr. PRYOR submitted two amend- ments intended to be proposed by him and Related Matters (hereafter referred to as [Mr. FAIRCLOTH] was added as a cospon- the ‘‘Committee’’) has required depositions sor of S. 1610, a bill to amend the Inter- to the bill (H.R. 2937) for the reim- from 213 individuals and testimony before nal Revenue Code of 1986 to clarify the bursement of legal expenses and re- the Committee from 123 individuals; standards used for determining wheth- lated fees incurred by former employ- (2) many public servants and other citizens er individuals are not employees. ees of the White House Travel Office have incurred considerable legal expenses re- sponding to requests of the Committee; S. 1613 with respect to the termination of their employment in that Office on (3) many of these public servants and other At the request of Mr. COCHRAN, the citizens were not involved with the White- name of the Senator from Kentucky May 19, 1993; as follows: water Development Corporation or related [Mr. MCCONNELL] was added as a co- AMENDMENT NO. 3958 matters under investigation; sponsor of S. 1613, a bill to amend the At the appropriate place, insert the fol- (b) SENSE OF THE SENATE.—It is the sense lowing new section: of the Senate that— National School Lunch Act to provide (1) a legal expense fund should be estab- greater flexibility to schools to meet SEC. . APPROVAL AND MARKETING OF PRE- SCRIPTION DRUGS. lished to compensate individuals for legal ex- the Dietary Guidelines for Americans penses incurred responding to requests by (a) APPROVAL OF APPLICATIONS OF GENERIC the Committee; and under the school lunch and school DRUGS.—For purposes of acceptance and con- (2) only those individuals who have not breakfast programs, and for other pur- sideration by the Secretary of an application been named, targeted, or convicted in the in- poses. under subsections (b), (c), and (j) of section vestigation of the Independent Counsel relat- S. 1624 505, and subsections (b), (c), and (n) of sec- ing to the Whitewater Development Corpora- At the request of Mr. HATCH, the tion 512, of the Federal Food, Drug, and Cos- tion should be eligible for reimbursement names of the Senator from Arizona metic Act (21 U.S.C. 355 (b), (c), and (j), and from the fund. 360b (b), (c), and (n)), the expiration date of [Mr. MCCAIN] and the Senator from a patent that is the subject of a certification f South Carolina [Mr. HOLLINGS] were under section 505(b)(2)(A) (ii), (iii), or (iv), ADDITIONAL STATEMENTS added as cosponsors of S. 1624, a bill to section 505(j)(2)(A)(vii) (II), (III), or (IV), or reauthorize the Hate Crime Statistics section 512(n)(1)(H) (ii), (iii), or (iv) of such Act, and for other purposes. Act, respectively, made in an application TRIBUTE TO JAY ROY, NEW HAMP- S. 1678 submitted prior to June 8, 1995, or in an ap- SHIRE RECIPIENT OF THE PRES- plication submitted on or after that date in At the request of Mr. GRAMS, the TIGIOUS CONTINENTAL which the applicant certifies that substan- names of the Senator from Arizona tial investment was made prior to June 8, CABLEVISION’S EDUCATOR [Mr. KYL] and the Senator from Iowa 1995, shall be deemed to be the date on which AWARD FOR 1996 [Mr. GRASSLEY] were added as cospon- such patent would have expired under the ∑ Mr. SMITH. Mr. President, I rise sors of S. 1678, a bill to abolish the De- law in effect on the day preceding December today to congratulate an innovative partment of Energy, and for other pur- 8, 1994. and dedicated New Hampshire elemen- poses. (b) MARKETING GENERIC DRUGS.—The rem- tary school principal, Jay Roy, on re- edies of section 271(e)(4) of title 35, United S. 1697 States Code, shall not apply to acts— ceiving the prestigious 1996 Cablevision At the request of Mr. BINGAMAN, the (1) that were commenced, or for which a Educator Award. Each year Conti- name of the Senator from Kentucky substantial investment was made, prior to nental Cablevision sponsors the Educa- [Mr. FORD] was added as a cosponsor of June 8, 1995; and tor

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4725 Awards Program to recognize teachers, Candice Rush is a 15-year-old from courage and steadfast convictions helped set librarians, media specialists, and ad- Sidney who rescued Lindsay Clayton of a new, positive direction for America—lift- ministrators for their innovative use of Glendive from a near-fatal drowning in ing it from a feeling of discouragement, and Cable in the Classroom programming a reservoir last summer. In her nomi- giving the people renewed confidence and pride in their nation. His commitment also and the development of successful nation statement of Candice for an served as the necessary catalyst in develop- technology-based projects. American Red Cross Certificate of ments that led to the end of the Cold War. Jay was specifically recognized for Merit, Lindsay related how she pan- In an era of cynicism about the character his role in the development of a video- icked after cramping up while swim- and veracity of political leaders, Mr. Rea- yearbook program at Rollinsford Grade ming halfway across a reservoir. She gan’s integrity and vision warrant particular School in Rollinsford, NH. Fifth and grabbed onto a friend who was also in attention on this, the 85th anniversary of his sixth grade students at Rollinsford danger of being pulled under. Candice, birth. Grade School use the daily CNN News- who had received training as a life- THE ‘‘GREAT COMMUNICATOR’’ room program and Continental’s origi- guard, swam to Lindsay, cleared away His courage as the ‘‘Great Communicator’’ nal ‘‘Master Control’’ show to analyze other swimmers who were trying to was evident in his dramatic open letter 15 and understand the elements of tele- help, gripped Lindsay from the back months ago in which he revealed that he had vision productions. The students then been diagnosed with the early stages of Alz- and swam to the shore. Lindsay re- heimer’s disease. His handwritten letter was use the skills they have mastered to counted how she was so scared and poignant, and vintage Reagan. Afflicted with produce a video-yearbook, which is sold weak that she literally could not stand the irreversible neurological disorder, he to students, parents, and school staff. up on the shore. Candice displayed a wrote that ‘‘In sharing the news it might Proceeds from the video-yearbook sales cool head and used her training to save promote greater awareness of this condition enable the school to purchase tech- Lindsay’s life—something neither . . . I intend to live the remainder of the nology related products. Lindsay nor her family will ever forget. years God gives me, doing the things I’ve al- Continental Cablevision’s director of This kind of courage should be recog- ways done. I now begin the journey that will government and public affairs, Tom lead me into the sunset of my life.’’ nized. Colin Powell is among the millions who O’Rourke, praised Jay’s project be- Dakota Taylor, a 7-year-old, stopped were moved by Mr. Reagan’s gesture. ‘‘It was cause it addressed both television pro- by his friend’s house in Whitewater, a a beautiful personal letter to everyone,’’ duction techniques and media literary small town near the Canadian border, Gen. Powell told me. ‘‘Frankly, that action skills. O’Rourke also added that the and noticed something smoking in the made it easier for me to deal with my wife’s judges were especially impressed with fireplace. Dakota made sure that his depression when it became public.’’ Jay’s innovative use of the project as a clothing would not catch fire and then During a conversation I had with Ronald fundraiser, and the subsequent rein- put out the smoldering material with Reagan last year, he wondered aloud whether vestment of those funds in technology. he had inherited the illness from his mother. water—one glass at a time. He then no- Alzheimer’s may have somewhat diminished In addition to Jay’s Educator Award, tified the family. Without his quick ac- his spark, but Mr. Reagan’s genuineness and Continental Cablevision will present tion, it is very likely his friend and his charisma still shine through. Away from the the Rollinsford Grade School with a family would not have a house to live Oval Office for seven years now, he still $500 grant for video equipment. in today. looks presidential. Routinely working in his As a former teacher myself, I under- I am inspired by knowing of people office, he continues to captivate visitors stand the personal dedication, hard like Shirl, Candice, and Dakota who with his inimitable personality and atten- work, and innovation necessary to bet- have displayed courage, thoughtful- tiveness. ter prepare the most valuable resource His dark brown hair is now tinged with a ness, and leadership—qualities that we bit of gray, and he remains the model of good we have in America today—our chil- all seek in our daily lives. On behalf of grooming and fashion. One day last week, he dren. I am proud to honor Jay for do- myself and the rest of Montana, I am was his old handsome self attired in a blue nating his time and talents to help proud to recognize these individuals on pinstripe suit and blue tie, accentuated by a New Hampshire’s best and brightest the floor of the U.S. Senate.∑ gold tie clip in the shape of the state of Cali- fornia, where he served eight years as gov- students learn how to use technology f in their lives. I congratulate Jay for ernor. ‘‘The reason I’m doing as well as I this prestigious recognition.∑ THE 85TH BIRTHDAY OF am,’’ he says, ‘‘is because of loving support PRESIDENT RONALD REAGAN from Nancy [his wife of 44 years]. She is my f comfort, and has enhanced my life just by ∑ Mr. MCCAIN. Mr. President, on the HEROES IN MONTANA being a part of it. She has made it so natural occasion of President Ronald Reagan’s ∑ for us to be as one that we never face any- Mr. BAUCUS. Mr. President, I rise 85th birthday, the Wall Street Journal thing alone.’’ today to honor three individuals who ran an op-ed piece by Trude Feldman, Mr. Reagan’s close brush with death 15 are heroes in my State of Montana. which payed tribute to this extraor- years ago changed his attitude toward life They live in eastern Montana, an open dinary man and his lifetime of achieve- and death. It was on his 69th day as president spread of plains and rolling prairie. ments. As a great admirer and friend of when, from a distance of 13 feet, I saw him They vary in age, background, and ex- President Reagan, I am pleased to shot by a would-be assassin. Mr. Reagan told me the traumatic experience had given him perience. But they do have one thing in bring this article to the attention of common: Each person merits recogni- a greater appreciation of life that he had pre- my colleagues. I ask that the op-ed be viously taken for granted. ‘‘My survival was tion for extraordinary acts of courage. printed in the RECORD. a miracle,’’ he said. ‘‘The ordeal strength- Shirl Pinto of Lame Deer was recog- The op-ed follows: ened my belief in God and made me realize nized in April by Attorney General [From the Wall Street Journal, Feb. 5, 1996] anew that His hand was on my shoulder, that Janet Reno, who presented her with He has the say-so over my life. I often feel as RONALD REAGAN AT 85: A BIRTHDAY TRIBUTE the Crime Victim Service Award, 1 of though I’m living on the extra time God has only 13 in the Nation, for her work as (By Trude B. Feldman) given me.’’ a victim’s advocate. I know Shirl’s Tomorrow Ronald Reagan celebrates his When Ronald Wilson Reagan was born in family—she and her husband Rick Rob- 85th birthday, thus becoming the fifth Amer- Tampico, Ill., his delivery was so com- ican president to reach that milestone. ‘‘The plicated that his mother was cautioned not inson, who heads up the Lame Deer anniversaries of my birth aren’t important,’’ to bear more children. So she doted on him Boys and Girls Club, and their chil- he once told me. ‘‘What is important is that and soon became the primary influence in dren, are dedicated to providing safe I’ve tried to lead a meaningful life, and I his life. From her, he acquired the stability haven for women and children. Shirl is think I have.’’ and confidence that later enabled him to on call 24 hours a day, 7 days a week, The meaning of his extraordinary life goes weather personal and political storms with directing Healing Hearts, which is a beyond his various achievements as our 40th equanimity. She fostered in him and his shelter for victims of domestic vio- president. Those achievements would not brother an incentive to work hard, and to lence. Her family knows she is devoted have been possible were it not for a moral live by the Ten Commandments and by the fiber and affability that most Americans ex- Golden Rule. to her community—she has managed to pect but seldom get from their presidents. ‘‘My parents were rich in their live and make a big difference in the lives of so While Ronald Reagan’s ethics and principles wisdom, and endowed us with spiritual many people with few resources and played a major role in his efforts to balance strength and the confidence that comes with great barriers to overcome. economic growth with true human needs, his a parent’s affection and guidance,’’ the

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4726 CONGRESSIONAL RECORD — SENATE May 6, 1996 former president told me. ‘‘The Reagans of Former President George Bush adds: ‘‘Ron- safety first and to ensure the safety of Illinois had little in material terms, but we ald Reagan’s foresight put us in a position to the drinking water supply of over 12 were emotionally healthy.’’ change our relationship with the Soviet million California citizens. The Rev. Billy Graham describes Ronald Union and to make it possible for the Reagan as a man of compassion and devo- changes that took place in Eastern Europe. S. 1596 amounts to an unconditional tion, a president whom America will remem- And he certainly helped bring democracy to transfer of Federal land in violation of ber with pride. ‘‘He is one of the cleanest, our hemisphere.’’ the Federal Land Policy and Manage- most moral and spiritual men I know,’’ Mr. Mr. Bush, having worked closely with Mr. Graham told me. ‘‘In the scores of times we ment Act of 1976 which requires the Reagan as his vice president, also told me: Secretary of Interior to include ‘‘such were together, he has always wanted to talk ‘‘True, he was a man of principle on the about spiritual things.’’ issues. But, even more than that, the Amer- terms, covenants, conditions and res- On many occasions over the past 21 years, ican people loved him for his genuine de- ervations as he deems necessary to en- Mr. Reagan shared with me his philosophies cency, his unfailing kindness and his great sure * * * protection of the public in- and his views on politics, foreign affairs, re- sense of humor. He is a true believer in the terest.’’ ligion and human nature. ‘‘I believe that goodness of America.’’ each person is innately good,’’ he observed. In May 1995 the administration an- ‘‘But those who act immorally do so because THE FINEST GIFT nounced its commitment to transfer they allow greed and ambition to overtake Edwin Meese III, former attorney general, the Federal land to the State subject their basic goodness.’’ notes that Mr. Reagan’s legacy to America These beliefs, while the source of many of continues to this day. ‘‘Many are calling the to receiving a binding commitment his greatest triumphs, also set the stage for congressional leadership’s agenda the Second from the State of California that the some of his disappointments. One regret was Reagan Revolution,’’ he says. ‘‘More impor- additional safeguards recommended by that he did not demand greater account- tantly, Mr. Reagan continues to inspire a National Academy of Sciences panel ability from his a staff—‘‘especially those Americans of all ages to value the patriotism be carried out; that the total volume who abused their power with arrogance.’’ He and leadership which he so splendidly dem- and radioactivity of the material to be acknowledged that the tendency not to fire onstrated.’’ disposed of at the site would be limited anyone had serious ramifications. ‘‘For in- Longtime Reagan aide Lyn Nofziger con- stance, any errors in our dialogues with Iran curs, adding: History will surely record that to the amounts currently specified in resulted because some of my subordinates the finest birthday gift already given to Mr. the State license for the facility, and exceeded their instructions without report- Reagan by Americans is a Republican House that there be a specific limit on pluto- ing back to me,’’ he stressed. ‘‘When I read and Senate that are determined to carry on nium deposited at Ward Valley. The the Tower Commission Report, it looked as the Reagan Revolution.’’ State refused to enter into any kind of if some staff members had taken off on their Yet Mr. Reagan says that the best birthday enforceable agreement. own.’’ gift for him this year would be that sci- Another issue that troubled him was the entists receive the support they need to fund Lack of cooperation from the State public perception that he was prejudiced a treatment and a cure for Alzheimer’s so and the discovery of evidence that may against minority groups and not concerned that others will be spared the anguish that about the poor. He maintains that he had indicate radioactive leakage to ground- the illness causes. fought for legislation that would make wel- water at a site of similar characteris- Ever the altruist, Ronald Reagan—even for fare programs more effective. ‘‘My economic tics in Beatty, NV, led the administra- his birthday wish—places the welfare of oth- program was based on encouraging business- ers above his own. It is a characteristic that tion to announce in February 1996 that men to create more jobs and to better the has served him faithfully until now, and is it will carry out a supplemental envi- conditions of their employees,’’ he noted. ‘‘I ronmental impact statement and per- think I succeeded.’’ one that will sustain him on his ‘‘journey On the day before his presidency ended, into the sunset’’ of his life.∑ form key safety tests at the Ward Val- Mr. Reagan granted me his last interview in f ley site before proceeding with the the Oval Office. He told me that the saddest transfer. day of his eight-year tenure was on Oct. 23, WARD VALLEY The bill transfers the land for a pay- 1983, when 241 U.S. servicemen died in a ter- ∑ Mrs. BOXER. Mr. President, the Sen- rorist bombing in Beirut, Lebanon. ‘‘To save ator from Alaska, the chairman of the ment of $500,100, and a nonbinding, our men from being killed by sniper from Energy and Natural Resources Com- nonenforceable letter from Governor private armies that were causing trouble in mittee, spoke on the floor earlier today Wilson to the Chairman of the Nuclear Lebanon, it was decided to shelter them in a in favor of S. 1596, which would trans- Regulatory Commission that the State concrete-reinforced building,’’ he recalled. will ‘‘carry out environmental moni- ‘‘But no one foresaw that a suicide driver fer federally owned land in Ward Val- ley, CA, to the State of California for toring and protection measures based with a truck load of explosives would drive on recommendations of the National into the building and blow it up.’’ the purpose of building a low-level ra- At the close of that Oval Office interview, dioactive waste dump. I want to set the Academy of Sciences.’’ I asked him to describe his presidency in one record straight and briefly explain why The bill is another end-run at a proc- line. ‘‘We won the Cold War,’’ he said with- S. 1596 is not in the best interest of the ess that needs to put the health and out hesitation. ‘‘That phrase didn’t originate with me, but I’ll settle form it. What counts people my State of California. safety of California citizens first. It un- is that there is an end to the Cold War, and I am opposed to S. 1596 because it cir- dermines the safety first approach that I now feel justified in my theme of ‘Peace cumvents the efforts of many Califor- we have been pursing together with the Through Strength.’ hnians and the administration to put administration. ∑ FOREIGN CURRENCY REPORTS In accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following re- port(s) of standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and select and special committees of the Senate, relating to expenses incurred in the performance of authorized foreign travel:

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS, FOR TRAVEL FROM OCT. 1 TO DEC. 31, 1995

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Connie Mack: Ireland ...... Dollar ...... 62.00 ...... 62.00

Total ...... 62.00 ...... 62.00 MARK O. HATFIELD, Chairman, Committee on Appropriations, Apr. 17, 1996.

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 4624 Sfmt 8634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4727 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES, FOR TRAVEL FROM OCT. 1 TO DEC. 31, 1995

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Dirk Kempthorne: Italy ...... Lire ...... 333,477 207.00 ...... 3,799.55 ...... 333,477 4,006.55 Mr. Glen Tait: Italy ...... Lire ...... 333,477 207.00 ...... 3,143.85 ...... 333,477 3,350.85 Senator Charles Robb: Italy ...... Dollar ...... 4,670.25 ...... 4,670.25 Senator James Inhofe: Italy ...... Dollar ...... 1,904.00 ...... 1,904.00 Mr. John Luddy: Italy ...... Dollar ...... 1,904.00 ...... 1,904.00 Mr. Frank Norton: Egypt ...... Pound ...... 2,750 809.00 ...... 2,750 809.00 Turkey ...... Lira ...... 13,587 262.00 ...... 13,587 262.00 Total ...... 5,293.00 ...... 11,613.65 ...... 16,906.65 STROM THURMOND, Chairman, Committee on Armed Services, Mar. 19, 1996.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES, FOR TRAVEL FROM JAN. 1, TO MAR. 31. 1996

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Sam Nunn: South Korea ...... Dollar ...... 3,843.95 ...... 3,843.95 South Korea ...... Dollar ...... 40.00 ...... 40.00 Japan ...... Yen ...... 39,919 381.79 ...... 39,919 381.79 Japan ...... Yen ...... 2,091 20.00 2,091 20.00 China ...... Yuan ...... 4,891.92 590.10 ...... 4,891.92 590.10 Senator William S. Cohen: Germany ...... Mark ...... 495.99 334.00 ...... 495.99 334.00 Senator Joseph I. Lieberman: Germany ...... Mark ...... 410.74 276.59 ...... 410.74 276.59 Senator Kay B. Hutchison: Germany ...... Mark ...... 1,015.74 684.00 ...... 1,015.74 684.00 Senator John McCain: Germany ...... Mark ...... 644.49 434.00 ...... 644.49 434.00 Mr. Mark Salter: Germany ...... Mark ...... 1,015.74 684.00 ...... 1,015.74 684.00 Mr, James M. Bodner: Germany ...... Mark ...... 986.34 664.00 ...... 986.34 664.00 Senator Jon Kyl: Germany ...... Mark ...... 401.90 270.64 ...... 401.90 270.64 Mrs. Julie K. Rief: Italy ...... Lire ...... 450.72 ...... 450.72 Mr. George W. Lauffer: Italy ...... Lire ...... 628,250 394.38 ...... 628,250 394.38 Mr. George W. Lauffer: Italy ...... Lire ...... 60.42 ...... 60.42 Senator James M. Inhofe: Jordan ...... Dinar ...... 159,775 225.00 ...... 159,775 225.00 Syria ...... Dollar ...... 412.00 ...... 412.00 Israel ...... Dollar ...... 433.00 ...... 433.00 Cyprus ...... Pound ...... 71.91 153.00 ...... 71.91 153.00 Total ...... 6,447.64 ...... 3,843.95 ...... 60.00 ...... 10,351.59 STROM THURMOND, Chairman, Committee on Armed Services, Apr. 22, 1996.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION, FOR TRAVEL FROM JAN. 1 TO MAR. 31, 1996

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Carl W. Bentzel: United States ...... Dollar ...... 1,678.85 ...... 1,678.85 Denmark ...... Krona ...... 4,444.50 777.00 ...... 4,444.50 777.00 Belgium ...... Franc ...... 20,093 666.00 ...... 20,093 666.00 Total ...... 1,443.00 ...... 1,678.85 ...... 3,121.85 LARRY PRESSLER, Chairman, Committee on Commerce, Science, and Transportation, Apr. 25, 1996.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SECTION 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ENVIRONMENTAL AND PUBLIC WORKS, FOR TRAVEL FROM JAN. 1 TO MAR. 31, 1996

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator John Chafee: Canada ...... Dollar ...... 220 393.48 110.06 81.01 ...... 330.06 474.49 United States ...... Dollar ...... 519.60 ...... 519.60

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 4624 Sfmt 8634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4728 CONGRESSIONAL RECORD — SENATE May 6, 1996 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SECTION 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ENVIRONMENTAL AND PUBLIC WORKS, FOR TRAVEL FROM JAN. 1 TO MAR. 31, 1996—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Total ...... 393.48 ...... 600.61 ...... 994.09 JOHN H. CHAFEE, Chairman, Committee on Environment and Pubic Works, Apr. 1, 1996.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FINANCE, FOR TRAVEL FROM JAN. 1 TO MAR. 31, 1996

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator William Roth: Thailand ...... Baht ...... 24,003 954.00 ...... 24,003 954.00 Daniel Bob: Thailand ...... Baht ...... 24,003 954.00 ...... 24,003 954.00 Jeremy O. Preiss: United States ...... Dollar ...... 858.35 ...... 858.35 France ...... Franc ...... 3,218.03 633.47 ...... 3,218.03 633.47 Switzerland ...... Franc ...... 762.71 633.53 ...... 762.71 633.53 Deborah Lamb: United States ...... Dollar ...... 890.35 ...... 890.35 France ...... Franc ...... 3,337.96 657.08 ...... 3,337.96 657.08 Switzerland ...... Franc ...... 798.59 663.34 ...... 798.59 663.34 Total ...... 4,495.42 ...... 1,748.70 ...... 6,244.12 WILLIAM V. ROTH, JR., Chairman, Committee on Finance, May 1, 1996.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS, FOR TRAVEL FROM JAN. 1 TO MAR. 31, 1996

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Nancy L. Kassebaum: Mali ...... Franc ...... 55,000 112.02 ...... 55,000 112.02 Zaire ...... Dollar ...... 400.00 ...... 309.00 ...... 709.00 Kenya ...... Dollar ...... 220.00 ...... 220.00 S. Africa ...... Rand ...... 827.03 228.48 ...... 827.03 228.48 United States ...... Dollar ...... 6,305.05 ...... 6,305.05 Tim Trenkel: Mali ...... Franc ...... 55,000 112.02 ...... 55,000 112.02 Zaire ...... Dollar ...... 400.00 ...... 309.00 ...... 709.00 Kenya ...... Dollar ...... 220.00 ...... 220.00 S. Africa ...... Rand ...... 827.03 228.48 ...... 827.03 228.48 United States ...... Dollar ...... 6,305.05 ...... 6,305.05 Daniel Shapiro: China ...... Dollar ...... 1,100.00 ...... 1,100.00 Hong Kong ...... Dollar ...... 825.00 ...... 825.00 United States ...... Dollar ...... 3,698.95 ...... 3,698.95 Senator Christopher Dodd: Haiti ...... Gourds ...... 735 44.77 ...... 735.00 44.77 United States ...... Dollar ...... 807.95 ...... 807.95 Janice O’Connell: Haiti ...... Gourds ...... 1,035 62.35 ...... 1,035.00 62.35 United States ...... Dollar ...... 1,030.95 ...... 1,030.95 Elisabeth DeMoss: Nicaragua ...... Dollar ...... 70.00 ...... 70.00 United States ...... Dollar ...... 685.95 ...... 685.95 Dan Fisk: Nicaragua ...... Dollar ...... 185.00 ...... 185.00 United States ...... Dollar ...... 685.95 ...... 685.95 Senator Claiborne Pell: Portugal ...... Escudo ...... 35,000 244.86 ...... 35,000 244.86 Thomas G. Hughes: Portugal ...... Escudo ...... 50,890 332.62 ...... 50,890 332.62 Michelle Maynard: Portugal ...... Escudo ...... 64,390 420.85 ...... 64,390 420.85 Elizabeth Wilson: Portugal ...... Escudo ...... 57,972 380.00 ...... 57,972 380.00 Senator Charles Robb: Jordan ...... Dinar ...... 159,775 225.00 ...... 159,775 225.00 Syria ...... Dollar ...... 412.00 ...... 412.00 Israel ...... Dollar ...... 433.00 ...... 433.00 Cyprus ...... Pound ...... 71.91 153.00 ...... 71.91 153.00 Senator Claiborne Pell: Jordan ...... Dinar ...... 159,775 225.00 ...... 159,775 225.00 Syria ...... Dollar ...... 412.00 ...... 412.00 Israel ...... Dollar ...... 433.00 ...... 433.00 Cyprus ...... Pound ...... 71.91 153.00 ...... 71.91 153.00 Edwin K. Hall: Jordan ...... Dinar ...... 159,775 225.00 ...... 159,775 225.00 Syria ...... Dollar ...... 412.00 ...... 412.00 Israel ...... Dollar ...... 433.00 ...... 433.00 Cyprus ...... Pound ...... 71.91 153.00 ...... 71.91 153.00 Peter Cleveland: Jordan ...... Dinar ...... 159,775 225.00 ...... 159,775 225.00 Syria ...... Dollar ...... 412.00 ...... 412.00 Israel ...... Dollar ...... 433.00 ...... 433.00 Cyprus ...... Pound ...... 71.91 153.00 ...... 71.91 153.00 George A. Pickart: Jordan ...... Dinar ...... 159,775 225.00 ...... 159,775 225.00 Syria ...... Dollar ...... 412.00 ...... 412.00

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 4624 Sfmt 8634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4729 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS, FOR TRAVEL FROM JAN. 1 TO MAR. 31, 1996—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Israel ...... Dollar ...... 433.00 ...... 433.00 Cyprus ...... Pounds ...... 71.91 153.00 ...... 71.91 153.00 Jay Ghazal: Jordan ...... Dinar ...... 159,775 225.00 ...... 159,775 225.00 Syria ...... Dollar ...... 412.00 ...... 412.00 Israel ...... Dollar ...... 433.00 ...... 433.00 Cyprus ...... Pound ...... 71.91 153.00 ...... 71.91 153.00 Total ...... 12,924.45 ...... 20,137.85 ...... 33,062.30 JESSE HELMS, Chairman, Committee on Foreign Relations, Apr. 30, 1996.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON GOVERNMENTAL AFFAIRS, FOR TRAVEL FROM JULY 1 TO SEPT. 30, 1995

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Daniel Bob: Thailand ...... Baht ...... 700.00 ...... 700.00 United States ...... Dollar ...... 901.00 ...... 901.00 Total ...... 700.00 ...... 901.00 ...... 1,601.00 WILLIAM V. ROTH, JR., Chairman, Committee on Governmental Affairs, May 1, 1996.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON GOVERNMENTAL AFFAIRS, FOR TRAVEL FROM JAN. 1 TO MAR. 31, 1996

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Daniel S. Gelber: Japan ...... Yen ...... 57,260 559.73 ...... 57,260 559.73 Japan ...... Yen ...... 20.00 ...... 20.00 United States ...... Dollar ...... 2,557.95 ...... 2,557.95 Total ...... 559.73 ...... 2,557.95 ...... 20.00 ...... 3,137.68 TED STEVENS, Chairman, Committee on Governmental Affairs, Apr. 30, 1996.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), SELECT COMMITTEE ON INTELLIGENCE, FOR TRAVEL FROM JAN. 1 TO MAR. 31, 1996

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Melvin Dubee ...... 449.00 ...... 449.00 Alfred Cumming ...... 449.00 ...... 449.00 Randy Schieber ...... 406.68 ...... 406.68 Christopher Straub ...... 918.00 ...... 5,616.65 ...... 6,534.65 Don Mitchell ...... 958.00 ...... 5,294.65 ...... 6,252.65 Mary Sturtevant ...... 1,864.00 ...... 6,921.95 ...... 8,785.95 Christopher Mellon ...... 1,864.00 ...... 6,921.95 ...... 8,785.95 Eric Silagy ...... 1,874.00 ...... 1,874.00 Senator Arlen Specter ...... 974.43 ...... 974.43 Charles Battaglia ...... 1,081.94 ...... 1,081.94 Victoria Lee ...... 1,033.94 ...... 1,033.94 Senator Richard Shelby ...... 1,024.94 ...... 1,024.94 Senator J. Bennett Johnston ...... 1,874.00 ...... 1,874.00 Gary Reese ...... 1,874.00 ...... 1,874.00 Senator Mike DeWine ...... 342.00 ...... 342.00 Senator Bob Graham ...... 449.00 ...... 449.00 Senator Richard Bryan ...... 418.68 ...... 418.68 Mark Heilbrun ...... 367.00 ...... 367.00 Senator Larry Pressler ...... 367.00 ...... 367.00 Total ...... 18,589.61 ...... 24,755.20 ...... 43,344.81 ARLEN SPECTER, Chairman, Select Committee on Intelligence, Apr. 23, 1996.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), FOR TRAVEL AUTHORIZED BY THE REPUBLICAN LEADER FROM JAN. 1 TO MAR. 31, 1996

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator William V. Roth, Jr.: Germany ...... Mark ...... 623.70 420.00 ...... 623.70 420.00

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 4624 Sfmt 8634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4730 CONGRESSIONAL RECORD — SENATE May 6, 1996 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), FOR TRAVEL AUTHORIZED BY THE REPUBLICAN LEADER FROM JAN. 1 TO MAR. 31, 1996—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Jon Kyl: Germany ...... Mark ...... 401.90 270.64 ...... 401.90 270.64 Randy Scheunemann: Germany ...... Mark ...... 1,015.74 684.00 ...... 1,015.74 684.00 Mira Baratta: United States ...... Dollar ...... 1,442.95 ...... 1,442.95 Croatia ...... Kuna ...... 2,516.50 470.00 ...... 2,516.50 470.00 Dollar ...... 683.00 ...... 683.00 Bosnia ...... Dollar ...... 477.00 ...... 477.00 Total ...... 2,321.64 ...... 2.125.95 ...... 4,447.59 ROBERT J. DOLE, Republican Leader, Apr. 17, 1996.

IMMIGRATION CONTROL AND Sec. 108. Construction of physical barriers, de- Sec. 128. Criminal penalty for false statement in FINANCIAL RESPONSIBILITY ACT ployment of technology and im- a document required under the provements to roads in the border immigration laws or knowingly The text of the bill (H.R. 2202) to area near San Diego, California. presenting document which fails amend the Immigration and Nation- Sec. 109. Preserve law enforcement functions to contain reasonable basis in law ality Act to improve deterrence of ille- and capabilities in interior States. or fact. gal immigration to the United States Part 2—Verification of Eligibility to Work and Sec. 129. New criminal penalties for failure to by increasing border patrol and inves- to Receive Public Assistance disclose role as preparer of false tigative personnel, by increasing pen- application for asylum or for pre- SUBPART A—DEVELOPMENT OF NEW VERIFICATION paring certain post-conviction ap- alties for alien smuggling and for docu- SYSTEM plications. ment fraud, by reforming exclusion and Sec. 111. Establishment of new system. Sec. 130. New document fraud offenses; new deportation law and procedures, by im- Sec. 112. Demonstration projects. civil penalties for document fraud. proving the verification system for eli- Sec. 113. Comptroller General monitoring and Sec. 131. Penalties for involuntary servitude. gibility for employment, and through reports. Sec. 132. Exclusion relating to material support other measures, to reform the legal im- Sec. 114. General nonpreemption of existing to terrorists. migration system and facilitate legal rights and remedies. Part 4—Exclusion and Deportation Sec. 115. Definitions. entries into the United States, and for Sec. 141. Special exclusion in extraordinary mi- other purposes, as passed by the Senate SUBPART B—STRENGTHENING EXISTING gration situations. VERIFICATION PROCEDURES on May 2, 1996, is as follows: Sec. 142. Judicial review of orders of exclusion Sec. 116. Changes in list of acceptable employ- and deportation. Resolved, That the bill from the House of ment-verification documents. Sec. 143. Civil penalties and visa ineligibility, Representatives (H.R. 2202) entitled ‘‘An Act Sec. 117. Treatment of certain documentary for failure to depart. to amend the Immigration and Nationality practices as unfair immigration- Sec. 144. Conduct of proceedings by electronic Act to improve deterrence of illegal immi- related employment practices. means. gration to the United States by increasing Sec. 118. Improvements in identification-related Sec. 145. Subpoena authority. border patrol and investigative personnel, by documents. Sec. 146. Language of deportation notice; right increasing penalties for alien smuggling and Sec. 119. Enhanced civil penalties if labor to counsel. for document fraud, by reforming exclusion standards violations are present. Sec. 147. Addition of nonimmigrant visas to and deportation law and procedures, by im- Sec. 120. Increased number of Assistant United types of visa denied for countries proving the verification system for eligi- States Attorneys to prosecute refusing to accept deported aliens. bility for employment, and through other cases of unlawful employment of Sec. 148. Authorization of special fund for costs measures, to reform the legal immigration aliens or document fraud. of deportation. system and facilitate legal entries into the Sec. 120A. Subpoena authority for cases of un- Sec. 149. Pilot program to increase efficiency in United States, and for other purposes’’, do lawful employment of aliens or removal of detained aliens. pass with the following amendment: document fraud. Sec. 150. Limitations on relief from exclusion Strike out all after the enacting clause and Sec. 120B. Task force to improve public edu- and deportation. insert: cation regarding unlawful em- Sec. 151. Alien stowaways. SECTION 1. SHORT TITLE; REFERENCES IN ACT. ployment of aliens and unfair im- Sec. 152. Pilot program on interior repatriation (a) SHORT TITLE.—This Act may be cited as migration-related employment and other methods to deter mul- the ‘‘Immigration Control and Financial Re- practices. tiple unlawful entries. sponsibility Act of 1996’’. Sec. 120C. Nationwide fingerprinting of appre- Sec. 153. Pilot program on use of closed military bases for the detention of exclud- (b) REFERENCES IN ACT.—Except as otherwise hended aliens. specifically provided in this Act, whenever in Sec. 120D. Application of verification proce- able or deportable aliens. Sec. 154. Physical and mental examinations. this Act an amendment or repeal is expressed as dures to State agency referrals of Sec. 155. Certification requirements for foreign an amendment to or repeal of a provision, the employment. health-care workers. reference shall be deemed to be made to the Im- Sec. 120E. Retention of verification form. Sec. 156. Increased bar to reentry for aliens pre- migration and Nationality Act (8 U.S.C. 1101 et Part 3—Alien Smuggling; Document Fraud viously removed. seq.). Sec. 121. Wiretap authority for investigations of Sec. 157. Elimination of consulate shopping for SEC. 2. TABLE OF CONTENTS. alien smuggling or document visa overstays. The table of contents for this Act is as follows: fraud. Sec. 158. Incitement as a basis for exclusion Sec. 1. Short title; references in Act. Sec. 122. Additional coverage in RICO for of- from the United States. Sec. 2. Table of contents. fenses relating to alien smuggling Sec. 159. Conforming amendment to with- TITLE I—IMMIGRATION CONTROL and document fraud. holding of deportation. Sec. 123. Increased criminal penalties for alien Part 5—Criminal Aliens Subtitle A—Law Enforcement smuggling. Sec. 161. Amended definition of aggravated fel- Part 1—Additional Enforcement Personnel and Sec. 124. Admissibility of videotaped witness ony. Facilities testimony. Sec. 162. Ineligibility of aggravated felons for Sec. 101. Border Patrol agents. Sec. 125. Expanded forfeiture for alien smug- adjustment of status. Sec. 102. Investigators. gling and document fraud. Sec. 163. Expeditious deportation creates no en- Sec. 103. Land border inspectors. Sec. 126. Criminal forfeiture for alien smug- forceable right for aggravated fel- Sec. 104. Investigators of visa overstayers. gling, unlawful employment of ons. Sec. 105. Increased personnel levels for the aliens, or document fraud. Sec. 164. Custody of aliens convicted of aggra- Labor Department. Sec. 127. Increased criminal penalties for fraud- vated felonies. Sec. 106. Increase in INS detention facilities. ulent use of government-issued Sec. 165. Judicial deportation. Sec. 107. Hiring and training standards. documents. Sec. 166. Stipulated exclusion or deportation.

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 4624 Sfmt 6343 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4731 Sec. 167. Deportation as a condition of proba- Subtitle B—Miscellaneous Provisions Sec. 329. Powers and duties of the Attorney tion. Sec. 211. Reimbursement of States and localities General and the Commissioner. Sec. 168. Annual report on criminal aliens. for emergency medical assistance Sec. 330. Preclearance authority. Sec. 169. Undercover investigation authority. for certain illegal aliens. Sec. 331. Confidentiality provision for certain Sec. 170. Prisoner transfer treaties. Sec. 212. Treatment of expenses subject to emer- alien battered spouses and chil- Sec. 170A. Prisoner transfer treaties study. gency medical services exception. dren. Sec. 170B. Using alien for immoral purposes, fil- Sec. 213. Pilot programs. Sec. 332. Development of prototype of counter- ing requirement. Sec. 214. Use of public schools by nonimmigrant feit-resistant Social Security card Sec. 170C. Technical corrections to Violent foreign students. required. Crime Control Act and Technical Sec. 215. Pilot program to collect information Sec. 333. Report on allegations of harassment Corrections Act. relating to nonimmigrant foreign by Canadian customs agents. Sec. 170D. Demonstration project for identifica- students. Sec. 334. Sense of Congress on the discrimina- tion of illegal aliens in incarcer- Sec. 216. False claims of United States citizen- tory application of the New ation facility of Anaheim, Cali- ship. Brunswick Provincial Sales Tax. fornia. Sec. 217. Voting by aliens. Sec. 335. Female genital mutilation. Part 6—Miscellaneous Sec. 218. Exclusion grounds for offenses of do- TITLE I—IMMIGRATION CONTROL Sec. 171. Immigration emergency provisions. mestic violence, stalking, crimes Subtitle A—Law Enforcement Sec. 172. Authority to determine visa processing against children, and crimes of PART 1—ADDITIONAL ENFORCEMENT procedures. sexual violence. PERSONNEL AND FACILITIES Sec. 173. Joint study of automated data collec- SUBTITLE C—HOUSING ASSISTANCE tion. SEC. 101. BORDER PATROL AGENTS. Sec. 221. Short title. (a) BORDER PATROL AGENTS.—The Attorney Sec. 174. Automated entry-exit control system. Sec. 222. Prorating of financial assistance. Sec. 175. Use of legalization and special agricul- General, in fiscal year 1996 shall increase by no Sec. 223. Actions in cases of termination of fi- tural worker information. less than 700, and in each of fiscal years 1997, nancial assistance. Sec. 176. Rescission of lawful permanent resi- 1998, 1999, and 2000, shall increase by no less Sec. 224. Verification of immigration status and dent status. than 1,000, the number of positions for full-time, eligibility for financial assistance. Sec. 177. Communication between Federal, active-duty Border Patrol agents within the Im- Sec. 225. Prohibition of sanctions against enti- State, and local government agen- migration and Naturalization Service above the ties making financial assistance cies, and the Immigration and number of such positions for which funds were eligibility determinations. allotted for the preceding fiscal year. Naturalization Service. Sec. 226. Eligibility for public and assisted Sec. 178. Authority to use volunteers. (b) BORDER PATROL SUPPORT PERSONNEL.— housing. Sec. 179. Authority to acquire Federal equip- The Attorney General, in each of fiscal years Sec. 227. Regulations. ment for border. 1996, 1997, 1998, 1999, and 2000, may increase by Sec. 180. Limitation on legalization litigation. SUBTITLE D—EFFECTIVE DATES not more than 300 the number of positions for Sec. 181. Limitation on adjustment of status. Sec. 231. Effective dates. personnel in support of Border Patrol agents Sec. 182. Report on detention space. TITLE III—MISCELLANEOUS PROVISIONS above the number of such positions for which Sec. 183. Compensation of immigration judges. funds were allotted for the preceding fiscal year. Sec. 184. Acceptance of State services to carry Sec. 301. Changes regarding visa application SEC. 102. INVESTIGATORS. out immigration enforcement. process. (a) AUTHORIZATION.—There are authorized to Sec. 185. Alien witness cooperation. Sec. 302. Visa waiver program. Sec. 303. Technical amendment. be appropriated to the Department of Justice Subtitle B—Other Control Measures Sec. 304. Criminal penalties for high speed such funds as may be necessary to enable the Part 1—Parole Authority flights from immigration check- Commissioner of the Immigration and Natu- Sec. 191. Usable only on a case-by-case basis for points. ralization Service to increase the number of in- humanitarian reasons or signifi- Sec. 305. Children born abroad to United States vestigators and support personnel to investigate cant public benefit. citizen mothers; transmission re- potential violations of sections 274 and 274A of Sec. 192. Inclusion in worldwide level of family- quirements. the Immigration and Nationality Act (8 U.S.C. sponsored immigrants. Sec. 306. Fee for diversity immigrant lottery. 1324 and 1324a) by a number equivalent to 300 Part 2—Asylum Sec. 307. Support of demonstration projects for full-time active-duty investigators in each of fis- naturalization ceremonies. cal years 1996, 1997, and 1998. Sec. 193. Time limitation on asylum claims. Sec. 308. Review of contracts with English and IMITATION ON OVERTIME.—None of the Sec. 194. Limitation on work authorization for (b) L civics test entities. funds made available to the Immigration and asylum applicants. Sec. 309. Designation of a United States cus- Sec. 195. Increased resources for reducing asy- Naturalization Service under this section shall toms administrative building. lum application backlogs. be available for administrative expenses to pay Sec. 310. Waiver of foreign country residence any employee overtime pay in an amount in ex- Part 3—Cuban Adjustment Act requirement with respect to inter- cess of $25,000 for any fiscal year. Sec. 196. Repeal and exception. national medical graduates. SEC. 103. LAND BORDER INSPECTORS. Subtitle C—Effective Dates Sec. 311. Continued validity of labor certifi- In order to eliminate undue delay in the thor- Sec. 197. Effective dates. cations and petitions for profes- ough inspection of persons and vehicles lawfully sional athletes. TITLE II—FINANCIAL RESPONSIBILITY attempting to enter the United States, the Attor- Sec. 312. Mail-order bride business. ney General and the Secretary of the Treasury Subtitle A—Receipt of Certain Government Sec. 313. Appropriations for Criminal Alien Benefits shall increase, by approximately equal numbers Tracking Center. in each of fiscal years 1996 and 1997, the number Sec. 201. Ineligibility of excludable, deportable, Sec. 314. Border Patrol Museum. of full-time land border inspectors assigned to and nonimmigrant aliens. Sec. 315. Pilot programs to permit bonding. active duty by the Immigration and Naturaliza- Sec. 202. Definition of ‘‘public charge’’ for pur- Sec. 316. Minimum State INS presence. tion Service and the United States Customs poses of deportation. Sec. 317. Disqualification from attaining non- Service to a level adequate to assure full staffing Sec. 203. Requirements for sponsor’s affidavit of immigrant or permanent residence during peak crossing hours of all border cross- support. status. ing lanes currently in use, under construction, Sec. 204. Attribution of sponsor’s income and Sec. 318. Passports issued for children under 16. or whose construction has been authorized by resources to family-sponsored im- Sec. 319. Exclusion of certain aliens from family Congress, except such low-use lanes as the At- migrants. unity program. torney General may designate. Sec. 205. Verification of student eligibility for Sec. 320. To ensure appropriately stringent pen- postsecondary Federal student fi- alties for conspiring with or as- SEC. 104. INVESTIGATORS OF VISA OVERSTAYERS. nancial assistance. sisting an alien to commit an of- There are authorized to be appropriated to the Sec. 206. Authority of States and localities to fense under the Controlled Sub- Department of Justice such funds as may be limit assistance to aliens and to stances Import and Export Act. necessary to enable the Commissioner of the Im- distinguish among classes of Sec. 321. Review and report on H–2A non- migration and Naturalization Service to increase aliens in providing general public immigrant workers program. the number of investigators and support per- assistance. Sec. 322. Findings related to the role of interior sonnel to investigate visa overstayers by a num- Sec. 207. Increased maximum criminal penalties Border Patrol stations. ber equivalent to 300 full-time active-duty inves- for forging or counterfeiting seal Sec. 323. Administrative review of orders. tigators in fiscal year 1996. of a Federal department or agen- Sec. 324. Social Security Act. SEC. 105. INCREASED PERSONNEL LEVELS FOR cy to facilitate benefit fraud by Sec. 325. Housing and Community Development THE LABOR DEPARTMENT. an unlawful alien. Act of 1980. (a) INVESTIGATORS.—The Secretary of Labor, Sec. 208. State option under the medicaid pro- Sec. 326. Higher Education Act of 1965. in consultation with the Attorney General, is gram to place anti-fraud inves- Sec. 327. Land acquisition authority. authorized to hire in the Wage and Hour Divi- tigators in hospitals. Sec. 328. Services to family members of INS offi- sion of the Department of Labor for fiscal years Sec. 209. Computation of targeted assistance. cers killed in the line of duty. 1996 and 1997 not more than 350 investigators

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4732 CONGRESSIONAL RECORD — SENATE May 6, 1996 and staff to enforce existing legal sanctions light television systems, lighting, sensors and (3) To protect individuals from national origin against employers who violate current Federal other technologies along the international land or citizenship-based unlawful discrimination wage and hour laws except that not more than border between the United States and Mexico and from loss of privacy caused by use, misuse, 150 of the number of investigators authorized in south of San Diego, California, for the purpose or abuse of personal information. this subparagraph shall be designated for the of detecting and deterring unlawful entry across (4) To minimize the burden on business of purpose of carrying out the responsibilities of the border. Amounts appropriated under this verification of eligibility for employment in the the Secretary of Labor to conduct investiga- section are authorized to remain available until United States, including the cost of the system tions, pursuant to a complaint or based on re- expended. The INS, while constructing the addi- to employers. ceipt of credible material information, where tional fencing, shall incorporate the necessary (5) To ensure that those who are ineligible for there is reasonable cause to believe that an em- safety features into the design of the fence sys- public assistance or other government benefits ployer has made a misrepresentation of a mate- tem to insure the well-being of Border Patrol are denied or terminated, and that those eligible rial fact on a labor certification application agents deployed within or in near proximity to for public assistance or other government bene- under section 212(a)(5) of the Immigration and these additional barriers. fits shall— Nationality Act or has failed to comply with the SEC. 109. PRESERVE LAW ENFORCEMENT FUNC- (A) be provided a reasonable opportunity to terms and conditions of such an application. TIONS AND CAPABILITIES IN INTE- submit evidence indicating a satisfactory immi- (b) ASSIGNMENT OF ADDITIONAL PERSONNEL.— RIOR STATES. gration status; and Individuals employed to fill the additional posi- The Immigration and Naturalization Service (B) not have eligibility for public assistance or tions described in subsection (a) shall be as- shall, when deploying Border Patrol personnel other government benefits denied, reduced, ter- signed to investigate violations of wage and from interior stations, coordinate with and act minated, or unreasonably delayed on the basis hour laws in areas where the Attorney General in conjunction with State and local law enforce- of the individual’s immigration status until such has notified the Secretary of Labor that there ment agencies to ensure that such redeployment a reasonable opportunity has been provided. are high concentrations of aliens present in the does not degrade or compromise the law enforce- (c) SYSTEM REQUIREMENTS.—(1) A verification United States in violation of law. ment capabilities and functions currently per- system may not be implemented under this sec- (c) PREFERENCE FOR BILINGUAL WAGE AND formed at interior Border Patrol stations. tion unless the system meets the following re- quirements: HOUR INSPECTORS.—In hiring new wage and our PART 2—VERIFICATION OF ELIGIBILITY inspectors pursuant to this section, the Sec- (A) The system must be capable of reliably de- TO WORK AND TO RECEIVE PUBLIC AS- termining with respect to an individual wheth- retary of Labor shall give priority to the employ- SISTANCE ment of multilingual candidates who are pro- er— Subpart A—Development of New Verification (i) the person with the identity claimed by the ficient in both English and such other language System individual is authorized to work in the United or languages as may be spoken in the region in States or has the immigration status being which such inspectors are likely to be deployed. SEC. 111. ESTABLISHMENT OF NEW SYSTEM. (a) IN GENERAL.—(1) Not later than three claimed; and SEC. 106. INCREASE IN INS DETENTION FACILI- (ii) the individual is claiming the identity of TIES. years after the date of enactment of this Act or, within one year after the end of the last re- another person. Subject to the availability of appropriations, (B) Any document required by the system newed or additional demonstration project (if the Attorney General shall provide for an in- must be presented to or examined by either an any) conducted pursuant to the exception in crease in the detention facilities of the Immigra- employer or an administrator of public assist- section 112(a)(4), whichever is later, the Presi- tion and Naturalization Service to at least 9,000 ance or other government benefits, as the case dent shall— beds before the end of fiscal year 1997. may be, and— (A) develop and recommend to the Congress a SEC. 107. HIRING AND TRAINING STANDARDS. (i) must be in a form that is resistant to coun- plan for the establishment of a data system or (a) REVIEW OF HIRING STANDARDS.—Within 60 terfeiting and to tampering; and days of the enactment of this title, the Attorney alternative system (in this part referred to as the (ii) must not be required by any Government General shall review all prescreening and hiring ‘‘system’’), subject to subsections (b) and (c), to entity or agency as a national identification standards to be utilized by the Immigration and verify eligibility for employment in the United card or to be carried or presented except— Naturalization Service to increase personnel States, and immigration status in the United (I) to verify eligibility for employment in the pursuant to this title and, where necessary, re- States for purposes of eligibility for benefits United States or immigration status in the vise those standards to ensure that they are under public assistance programs (as defined in United States for purposes of eligibility for bene- consistent with relevant standards of profes- section 201(f)(3) or government benefits de- fits under public assistance programs (as de- sionalism. scribed in section 201(f)(4)); fined in section 201(f)(3) or government benefits (b) CERTIFICATION.—At the conclusion of each (B) submit to the Congress a report setting described in section 201(f)(4)); of the fiscal years 1996, 1997, 1998, 1999, and forth— (II) to enforce the Immigration and Nation- 2000, the Attorney General shall certify in writ- (i) a description of such recommended plan; ality Act or sections 911, 1001, 1028, 1542, 1546, or ing to the Congress that all personnel hired pur- (ii) data on and analyses of the alternatives 1621 of title 18, United States Code; or suant to this title for the previous fiscal year considered in developing the plan described in (III) if the document was designed for another were hired pursuant to the appropriate stand- subparagraph (A), including analyses of data purposes (such as a license to drive a motor ve- ards. from the demonstration projects conducted pur- hicle, a certificate of birth, or a social security (c) REVIEW OF TRAINING STANDARDS.—(1) suant to section 112; and account number card issued by the Administra- Within 180 days of the date of the enactment of (iii) data on and analysis of the system de- tion), as required under law for such other pur- this Act, the Attorney General shall review the scribed in subparagraph (A), including estimates pose. sufficiency of all training standards to be uti- of— (C) The system must not be used for law en- lized by the Immigration and Naturalization (I) the proposed use of the system, on an in- forcement purposes other than the purposes de- Service in training all personnel hired pursuant dustry-sector by industry-sector basis; scribed in subparagraph (B). to this title. (II) the public assistance programs and gov- (D) The system must ensure that information (2)(A) The Attorney General shall submit a re- ernment benefits for which use of the system is is complete, accurate, verifiable, and timely. port to the Congress on the results of the review cost-effective and otherwise appropriate; Corrections or additions to the system records of conducted under paragraph (1), including— (III) the cost of the system; an individual provided by the individual, the (i) a description of the status of ongoing ef- (IV) the financial and administrative cost to Administration, or the Service, or other relevant forts to update and improve training throughout employers; Federal agency, must be checked for accuracy, the Immigration and Naturalization Service, (V) the reduction of undocumented workers in processed, and entered into the system within 10 and the United States labor force resulting from the business days after the agency’s acquisition of (ii) a statement of a timeframe for the comple- system; the correction or additional information. tion of those efforts. (VI) any unlawful discrimination caused by (E)(i) Any personal information obtained in (B) In addition, the report shall disclose those or facilitated by use of the system; connection with a demonstration project under areas of training that the Attorney General de- (VII) any privacy intrusions caused by misuse section 112 must not be made available to Gov- termines require additional or ongoing review in or abuse of system; ernment agencies, employers, or other persons the future. (VIII) the accuracy rate of the system; and except to the extent necessary— SEC. 108. CONSTRUCTION OF PHYSICAL BAR- (IX) the overall costs and benefits that would (I) to verify, by an individual who is author- RIERS, DEPLOYMENT OF TECH- result from implementation of the system. ized to conduct the employment verification NOLOGY AND IMPROVEMENTS TO (2) The plan described in paragraph (1) shall process, that an employee is not an unauthor- ROADS IN THE BORDER AREA NEAR take effect on the date of enactment of a bill or ized alien (as defined in section 274A(h)(3) of SAN DIEGO, CALIFORNIA. joint resolution approving the plan. the Immigration and Nationality Act (8 U.S.C. There are authorized to be appropriated funds (b) OBJECTIVES.—The plan described in sub- 1324a(h)(3)); of $12,000,000 for the construction, expansion, section (a)(1) shall have the following objectives: (II) to take other action required to carry out improvement or deployment of triple-fencing in (1) To substantially reduce illegal immigration section 112; addition to that currently under construction, and unauthorized employment of aliens. (III) to enforce the Immigration and Nation- where such triple-fencing is determined by the (2) To increase employer compliance, espe- ality Act or section 911, 1001, 1028, 1542, 1546, or Immigration and Naturalization Service (INS) to cially in industry sectors known to employ un- 1621 of title 18, United States Code; or be safe and effective, and in addition, bollard documented workers, with laws governing em- (IV) to verify the individual’s immigration sta- style concrete columns, all weather roads, low ployment of aliens. tus for purposes of determining eligibility for

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4733 Federal benefits under public assistance pro- permanent resident, or other employment-au- (iii) In determining which State(s), localities, grams (defined in section 201(f)(3) or government thorized alien, and who is subject to verification employers, or other entities shall be designated benefits described in section 201(f)(4)). of work authorization or lawful presence in the for such projects, the Attorney General shall (ii) In order to ensure the integrity, confiden- United States for purposes of benefits eligibility take into account the estimated number of ex- tiality, and security of system information, the under this section or section 112, shall be consid- cludable aliens and deportable aliens in each system and those who use the system must main- ered an individual under section 552(a)(2) of State or locality. tain appropriate administrative, technical, and title 5, United States Code, with respect to (iv) At a minimum, at least one project of the physical safeguards, such as— records covered by this section. kind described in paragraph (2)(E), at least one (I) safeguards to prevent unauthorized disclo- (B) DEFINITION.—For purposes of this para- project of the kind described in paragraph sure of personal information, including pass- graph, the term ‘‘record’’ means an item, collec- (2)(F), and at least one project of the kind de- words, cryptography, and other technologies; tion, or grouping of information about an indi- scribed in paragraph (2)(G), shall be conducted. (II) audit trails to monitor system use; or vidual which— (B) For purposes of this paragraph, the term (III) procedures giving an individual the right (i) is created, maintained, or used by a Fed- ‘‘legislative branch of the Federal Government’’ to request records containing personal informa- eral agency for the purpose of determining— includes all offices described in section 101(9) of tion about the individual held by agencies and (I) the individual’s authorization to work; or the Congressional Accountability Act of 1995 (2 used in the system, for the purpose of examina- (II) immigration status in the United States U.S.C. 1301(9)) and all agencies of the legislative tion, copying, correction, or amendment, and a for purposes of eligibility to receive Federal, branch of Government. method that ensures notice to individuals of State or local benefits in the United States; and (2) DESCRIPTION OF PROJECTS.—Demonstration these procedures. (ii) contains the individuals’s name or identi- projects conducted under this subsection may (F) A verification that a person is eligible for fying number, symbol, or any other identifier include, but are not limited to— employment in the United States may not be assigned to the individual. (A) a system which allows employers to verify withheld or revoked under the system for any (e) EMPLOYER SAFEGUARDS.—An employer the eligibility for employment of new employees reasons other than a determination pursuant to shall not be liable for any penalty under section using Administration records and, if necessary, section 274A of the Immigration and Nationality 274A of the Immigration and Nationality Act for to conduct a cross-check using Service records; Act. employing an unauthorized alien, if— (B) a simulated linkage of the electronic (G) The system must be capable of accurately (1) the alien appeared throughout the term of records of the Service and the Administration to verifying electronically within 5 business days, employment to be prima facie eligible for the em- test the technical feasibility of establishing a whether a person has the required immigration ployment under the requirements of section linkage between the actual electronic records of status in the United States and is legally au- 274A(b) of such Act; the Service and the Administration; (C) improvements and additions to the elec- thorized for employment in the United States in (2) the employer followed all procedures re- tronic records of the Service and the Adminis- a substantial percentage of cases (with the ob- quired in the system; and tration for the purpose of using such records for jective of not less than 99 percent). (3)(A) the alien was verified under the system verification of employment eligibility; (H) There must be reasonable safeguards as eligible for the employment; or (D) a system which allows employers to verify against the system’s resulting in unlawful dis- (B) the employer discharged the alien within the continued eligibility for employment of em- criminatory practices based on national origin a reasonable period after receiving notice that the final verification procedure had failed to ployees with temporary work authorization; or citizenship status, including— (E) a system that requires employers to verify (i) the selective or unauthorized use of the verify that the alien was eligible for the employ- ment. the validity of employee social security account system to verify eligibility; numbers through a telephone call, and to verify (ii) the use of the system prior to an offer of (f) RESTRICTION ON USE OF DOCUMENTS.—If the Attorney General determines that any docu- employee identity through a United States pass- employment; port, a State driver’s license or identification (iii) the exclusion of certain individuals from ment described in section 274A(b)(1) of the Immi- document, or a document issued by the Service consideration for employment as a result of a gration and Nationality Act as establishing em- for purposes of this clause; perceived likelihood that additional verification ployment authorization or identity does not reli- ably establish such authorization or identity or, (F) a system which is based on State-issued will be required, beyond what is required for driver’s licenses and identification cards that most job applicants; or to an unacceptable degree, is being used fraudu- lently or is being requested for purposes not au- include a machine readable social security ac- (iv) denial reduction, termination, or unrea- count number and are resistant to tampering sonable delay of public assistance to an indi- thorized by this Act, the Attorney General may, by regulation, prohibit or place conditions on and counterfeiting; and vidual as a result of the perceived likelihood (G) a system that requires employers to verify the use of the document for purposes of the sys- that such additional verification will be re- with the Service the immigration status of every tem or the verification system established in sec- quired. employee except one who has attested that he or tion 274A(b) of the Immigration and Nationality (2) As used in this subsection, the term ‘‘busi- she is a United States citizen or national. Act. ness day’’ means any day other than Saturday, (3) COMMENCEMENT DATE.—The first dem- (g) PROTECTION FROM LIABILITY FOR ACTIONS Sunday, or any day on which the appropriate onstration project under this section shall com- TAKEN ON THE BASIS OF INFORMATION PROVIDED Federal agency is closed. mence not later than six months after the date BY THE VERIFICATION SYSTEM.—No person shall (d) REMEDIES AND PENALTIES FOR UNLAWFUL of the enactment of this Act. be civilly or criminally liable under section 274A DISCLOSURE.— (4) TERMINATION DATE.—The authority of (1) CIVIL REMEDIES.— of the Immigration and Nationality Act for any paragraph (1) shall cease to be effective four (A) RIGHT OF INFORMATIONAL PRIVACY.—The action adverse to an individual if such action years after the date of enactment of this Act, ex- Congress declares that any person who provides was taken in good faith reliance on information cept that, if the President determines that any to an employer the information required by this relating to such individual provided through the one or more of the projects conducted pursuant section or section 274A of the Immigration and system (including any demonstration project to paragraph (2) should be renewed, or one or Nationality Act (8 U.S.C. 1324a) has a privacy conducted under section 112). more additional projects should be conducted (h) STATUTORY CONSTRUCTION.—The provi- expectation that the information will only be before a plan is recommended under section sions of this section supersede the provisions of used for compliance with this Act or other appli- 111(a)(1)(A), the President may conduct such section 274A of the Immigration and Nationality cable Federal, State, or local law. project or projects for up to an additional three- Act to the extent of any inconsistency there- (B) CIVIL ACTIONS.—A employer, or other per- year period, without regard to section with. son or entity, who knowingly and willfully dis- 274A(d)(4)(A) of the Immigration and Nation- closes the information that an employee is re- SEC. 112. DEMONSTRATION PROJECTS. ality Act. quired to provide by this section or section 274A (a) AUTHORITY.— (b) OBJECTIVES.—The objectives of the dem- of the Immigration and Nationality Act (8 (1) IN GENERAL.—(A)(i) Subject to clause (ii) onstration projects conducted under this section U.S.C. 1324a) for any purpose not authorized by and (iv), the President, acting through the At- are— this Act or other applicable Federal, State, or torney General, shall begin conducting several (1) to assist the Attorney General in meas- local law shall be liable to the employee for ac- local or regional projects, and a project in the uring the benefits and costs of systems for tual damages. An action may be brought in any legislative branch of the Federal Government, to verifying eligibility for employment in the Federal, State, or local court having jurisdiction demonstrate the feasibility of alternative sys- United States, and immigration status in the over the matter. tems for verifying eligibility for employment in United States for purposes of eligibility for bene- (2) CRIMINAL PENALTIES.—Any employer, or the United States, and immigration status in the fits under public assistance programs defined in other person or entity, who willfully and know- United States for purposes of eligibility for bene- section 201(f)(3) and for government benefits de- ingly obtains, uses, or discloses information re- fits under public assistance programs (as de- scribed in section 201(f)(4); quired pursuant to this section or section 274A fined in section 201(f)(3) and government bene- (2) to assist the Service and the Administra- of the Immigration and Nationality Act (8 fits described in section 201(f)(4)). tion in determining the accuracy of Service and U.S.C. 1324a) for any purpose not authorized by (ii) Each project under this section shall be Administration data that may be used in such this Act or other applicable Federal, State, or consistent with the objectives of section 111(b) systems; and local law shall be found guilty of a misdemeanor and this section and shall be conducted in ac- (3) to provide the Attorney General with infor- and fined not more than $5,000. cordance with an agreement entered into with mation necessary to make determinations re- (3) PRIVACY ACT.— the State, locality, employer, other entity, or the garding the likely effects of the tested systems (A) IN GENERAL.—Any person who is a United legislative branch of the Federal Government, as on employers, employees, and other individuals, States citizen, United States national, lawful the case may be. including information on—

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4734 CONGRESSIONAL RECORD — SENATE May 6, 1996 (A) losses of employment to individuals as a shall remain fully applicable to the participants or local law to any person on or after the date result of inaccurate information in the system; in the project. of the enactment of this Act except to the extent (B) unlawful discrimination; (B) If the Attorney General makes the deter- the right or remedy is inconsistent with any pro- (C) privacy violations; mination referred to in subparagraph (A), the vision of this part. (D) cost to individual employers, including the Attorney General may require other, or all, em- SEC. 115. DEFINITIONS. cost per employee and the total cost as a per- ployers in the geographical area covered by For purposes of this subpart— centage of the employers payroll; and such project to participate in it during the re- (1) ADMINISTRATION.— The term ‘‘Administra- (E) timeliness of initial and final verification maining period of its operation. tion’’ means the Social Security Administration. determinations. (C) The Attorney General may not require any (2) EMPLOYMENT AUTHORIZED ALIEN.—The (c) CONGRESSIONAL CONSULTATION.—(1) Not employer to participate in such a project, except term ‘‘employment authorized alien’’ means an later than 12 months after the date of the enact- as provided in subparagraph (B). alien who has been provided with an ‘‘employ- ment of this Act, and annually thereafter, the (g) AUTHORIZATION OF APPROPRIATIONS.— ment authorized’’ endorsement by the Attorney Attorney General or the Attorney General’s rep- There are authorized to be appropriated such General or other appropriate work permit in ac- resentatives shall consult with the Committees sums as may be necessary to carry out this sec- cordance with the Immigration and Nationality on the Judiciary of the House of Representatives tion. Act. and the Senate regarding the demonstration (h) STATUTORY CONSTRUCTION.—The provi- (3) SERVICE.—The term ‘‘Service’’ means the projects being conducted under this section. sions of this section supersede the provisions of Immigration and Naturalization Service. (2) The Attorney General or her representa- section 274A of the Immigration and Nationality Subpart B—Strengthening Existing tive, in fulfilling the obligations described in Act to the extent of any inconsistency there- Verification Procedures paragraph (1), shall submit to the Congress the with. SEC. 116. CHANGES IN LIST OF ACCEPTABLE EM- estimated cost to employers of each demonstra- (i) DEFINITION OF REGIONAL PROJECT.—For tion project, including the system’s indirect and PLOYMENT-VERIFICATION DOCU- purposes of this section, the term ‘‘regional MENTS. administrative costs to employers. project’’ means a project conducted in a geo- (a) AUTHORITY TO REQUIRE SOCIAL SECURITY (d) IMPLEMENTATION.—In carrying out the graphical area which includes more than a sin- projects described in subsection (a), the Attor- ACCOUNT NUMBERS.—Section 274A (8 U.S.C. gle locality but which is smaller than an entire 1324a) is amended by adding at the end of sub- ney General shall— State. (1) support and, to the extent possible, facili- section (b)(2) the following new sentence: ‘‘The tate the efforts of Federal and State government SEC. 113. COMPTROLLER GENERAL MONITORING Attorney General is authorized to require an in- AND REPORTS. agencies in developing— dividual to provide on the form described in (a) IN GENERAL.—The Comptroller General of (A) tamper- and counterfeit-resistant docu- paragraph (1)(A) the individual’s social security the United States shall track, monitor, and ments that may be used in a new verification account number for purposes of complying with evaluate the compliance of each demonstration system, including drivers’ licenses or similar this section.’’. project with the objectives of sections 111 and documents issued by a State for the purpose of (b) CHANGES IN ACCEPTABLE DOCUMENTATION 112, and shall verify the results of the dem- identification, the social security account num- FOR EMPLOYMENT AUTHORIZATION AND IDEN- onstration projects. ber card issued by the Administration, and cer- TITY.— (b) RESPONSIBILITIES.— (1) REDUCTION IN NUMBER OF ACCEPTABLE EM- tificates of birth in the United States or estab- (1) COLLECTION OF INFORMATION.—The Comp- PLOYMENT-VERIFICATION DOCUMENTS.—Section lishing United States nationality at birth; and (B) recordkeeping systems that would reduce troller General of the United States shall collect 274A(b)(1) (8 U.S.C. 1324a(b)(1)) is amended— (A) in subparagraph (B)— the fraudulent obtaining of such documents, in- and consider information on each requirement described in section 111(a)(1)(C). (i) by striking clauses (ii), (iii), and (iv); cluding a nationwide system to match birth and (ii) by redesignating clause (v) as clause (ii); death records; (2) TRACKING AND RECORDING OF PRACTICES.— The Comptroller General shall track and record (iii) in clause (i), by adding at the end ‘‘or’’; (2) require appropriate notice to prospective (iv) in clause (ii) (as redesignated), by amend- employees concerning employers’ participation unlawful discriminatory employment practices, if any, resulting from the use or disclosure of in- ing the text preceding subclause (I) to read as in a demonstration project, which notice shall follows: contain information on filing complaints regard- formation pursuant to a demonstration project or implementation of the system, using such ‘‘(ii) resident alien card, alien registration ing misuse of information or unlawful discrimi- card, or other document designated by regula- nation by employers participating in the dem- methods as— (A) the collection and analysis of data; tion by the Attorney General, if the document— onstration; and ’’; and (3) require employers to establish procedures (B) the use of hiring audits; and (C) use of computer audits, including the com- (v) in clause (ii) (as redesignated)— developed by the Attorney General— (I) by striking ‘‘and’’ at the end of subclause (A) to safeguard all personal information from parison of such audits with hiring records. (3) MAINTENANCE OF DATA.—The Comptroller (I); unauthorized disclosure and to condition release (II) by striking the period at the end of sub- of such information to any person or entity General shall also maintain data on unlawful discriminatory practices occurring among a rep- clause (II) and inserting ‘‘, and’’; and upon the person’s or entity’s agreement to safe- (III) by adding at the end the following new guard such information; and resentative sample of employers who are not participants in any project under this section to subclause: (B) to provide notice to all new employees and ‘‘(III) contains appropriate security fea- serve as a baseline for comparison with similar applicants for employment of the right to re- tures.’’; and data obtained from employers who are partici- quest an agency to review, correct, or amend the (B) in subparagraph (C)— pants in projects under this section. employee’s or applicant’s record and the steps to (i) by inserting ‘‘or’’ after the ‘‘semicolon’’ at (c) REPORTS.— follow to make such a request. the end of clause (i); (1) DEMONSTRATION PROJECTS.—Beginning 12 (e) REPORT OF ATTORNEY GENERAL.—Not later (ii) by striking clause (ii); and than 60 days before the expiration of the au- months after the date of the enactment of this (iii) by redesignating clause (iii) as clause (ii). thority for subsection (a)(1), the Attorney Gen- Act, and annually thereafter, the Comptroller (2) AUTHORITY TO PROHIBIT USE OF CERTAIN eral shall submit to the Congress a report con- General of the United States shall submit a re- DOCUMENTS.—If the Attorney General finds, by taining an evaluation of each of the demonstra- port to the Committees on the Judiciary of the regulation, that any document described in sec- tion projects conducted under this section, in- House of Representatives and the Senate setting tion 274A(b)(1) of the Immigration and Nation- cluding the findings made by the Comptroller forth evaluations of— ality Act (8 U.S.C. 1324a(b)(1)) as establishing General under section 113. (A) the extent to which each demonstration employment authorization or identity does not (f) SYSTEM REQUIREMENTS.— project is meeting each of the requirements of reliably establish such authorization or identity (1) IN GENERAL.—Demonstration projects con- section 111(c); and or is being used fraudulently to an unacceptable ducted under this section shall substantially (B) the Comptroller General’s preliminary degree, the Attorney General may prohibit or meet the criteria in section 111(c)(1), except that findings made under this section. place conditions on its use for purposes of the with respect to the criteria in subparagraphs (D) (2) VERIFICATION SYSTEM.—Not later than 60 verification system established in section 274A(b) and (G) of section 111(c)(1), such projects are re- days after the submission to the Congress of the of the Immigration and Nationality Act under quired only to be likely to substantially meet the plan under section 111(a)(2), the Comptroller section 111 of this Act. criteria, as determined by the Attorney General. General of the United States shall submit a re- (c) EFFECTIVE DATE.—The amendments made (2) SUPERSEDING EFFECT.—(A) If the Attorney port to the Congress setting forth an evaluation by subsections (a) and (b)(1) shall apply with General determines that any demonstration of— respect to hiring (or recruiting or referring) oc- project conducted under this section substan- (A) the extent to which the proposed system, curring on or after such date as the Attorney tially meets the criteria in section 111(c)(1), if any, meets each of the requirements of section General shall designate (but not later than 180 other than the criteria in subparagraphs (D) 111(c); and days after the date of the enactment of this and (G) of that section, and meets the criteria in (B) the Comptroller General’s findings made Act). under this section. such subparagraphs (D) and (G) to a sufficient SEC. 117. TREATMENT OF CERTAIN DOCUMEN- degree, the requirements for participants in such SEC. 114. GENERAL NONPREEMPTION OF EXIST- TARY PRACTICES AS UNFAIR IMMI- project shall apply during the remaining period ING RIGHTS AND REMEDIES. GRATION-RELATED EMPLOYMENT of its operation in lieu of the procedures re- Nothing in this subpart may be construed to PRACTICES quired under section 274A(b) of the Immigration deny, impair, or otherwise adversely affect any Section 274B(a)(6) (8 U.S.C. 1324b(a)(6)) is and Nationality Act. Section 274B of such Act right or remedy available under Federal, State, amended—

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4735 (1) by striking ‘‘For purposes of paragraph the grants described in subparagraphs (A) and only to licenses or documents issued to an indi- (1), a’’ and inserting ‘‘A’’; and (B). vidual for the first time and to replacement or (2) by striking ‘‘relating to the hiring of indi- (4) REPORT.—(A) Not later than one year after renewal licenses issued according to State law. viduals’’ and inserting the following: ‘‘if made the date of the enactment of this Act, the Sec- (ii) With respect to driver’s licenses or identi- for the purpose or with the intent of discrimi- retary of Health and Human Services shall sub- fication documents issued in States that issue nating against an individual in violation of mit a report to the Congress on ways to reduce such licenses or documents for a period of valid- paragraph (1)’’. the fraudulent obtaining and the fraudulent use ity of more than six years, paragraphs (1) and SEC. 118. IMPROVEMENTS IN IDENTIFICATION- of birth certificates, including any such use to (3) shall apply— RELATED DOCUMENTS. obtain a social security account number or a (I) during the period of October 1, 2000 (a) BIRTH CERTIFICATES.— State or Federal document related to identifica- through September 30, 2006, only to licenses or (1) LIMITATION ON ACCEPTANCE.—(A) No Fed- tion or immigration. documents issued to an individual for the first eral agency, including but not limited to the So- (B) Not later than one year after the date of time and to replacement or renewal licenses cial Security Administration and the Depart- enactment of this Act, the agency designated by issued according to State law, and ment of State, and no State agency that issues the President in paragraph (1)(B) shall submit a (II) beginning on October 1, 2006, to all driv- driver’s licenses or identification documents, report setting forth, and explaining, the regula- er’s licenses or identification documents issued may accept for any official purpose a copy of a tions described in such paragraph. by such States. birth certificate, as defined in paragraph (5), (C) There are authorized to be appropriated to (C) Paragraph (4) shall take effect on October unless it is issued by a State or local authorized the Department of Health and Human Services 1, 2006. custodian of record and it conforms to standards such amounts as may be necessary for the prep- SEC. 119. ENHANCED CIVIL PENALTIES IF LABOR described in subparagraph (B). aration of the report described in subparagraph STANDARDS VIOLATIONS ARE (B) The standards described in this subpara- (A). PRESENT. graph are those set forth in regulations promul- (5) CERTIFICATE OF BIRTH.—As used in this (a) IN GENERAL.—Section 274A(e) (8 U.S.C. gated by the Federal agency designated by the section, the term ‘‘birth certificate’’ means a cer- 1324a(e)) is amended by adding at the end the President, after consultation with such other tificate of birth of— following: Federal agencies as the President shall des- (A) a person born in the United States, or ‘‘(10)(A) The administrative law judge shall ignate and with State vital statistics offices, and (B) a person born abroad who is a citizen or have the authority to require payment of a civil shall— national of the United States at birth, whose money penalty in an amount up to two times the (i) include but not be limited to— birth is registered in the United States. amount of the penalty prescribed by this sub- (I) certification by the agency issuing the (6) EFFECTIVE DATES.— section in any case in which the employer has birth certificate, and (A) Except as otherwise provided in subpara- been found to have committed a willful violation (II) use of safety paper, the seal of the issuing graph (B) and in paragraph (4), this subsection or repeated violations of any of the following agency, and other features designed to limit shall take effect two years after the enactment statutes: tampering, counterfeiting, and photocopying, or of this Act. ‘‘(i) The Fair Labor Standards Act (29 U.S.C. otherwise duplicating, for fraudulent purposes, (B) Paragraph (1)(A) shall take effect two 201 et seq.) pursuant to a final determination by (ii) not require a single design to which the of- years after the submission of the report de- the Secretary of Labor or a court of competent ficial birth certificate copies issued by each scribed in paragraph (4)(B). jurisdiction. State must conform; and (b) STATE-ISSUED DRIVERS LICENSES.— ‘‘(ii) The Migrant and Seasonal Agricultural (iii) accommodate the differences between the (1) SOCIAL SECURITY ACCOUNT NUMBER.—Each Worker Protection Act (29 U.S.C. 1801 et seq.) States in the manner and form in which birth State-issued driver’s license and identification pursuant to a final determination by the Sec- records are stored and in how birth certificate document shall contain a social security ac- retary of Labor or a court of competent jurisdic- copies are produced from such records. count number, except that this paragraph shall tion. (2) LIMITATION ON ISSUANCE.—(A) If one or not apply if the document or license is issued by ‘‘(iii) The Family and Medical Leave Act (29 more of the conditions described in subpara- a State that requires, pursuant to a statute, reg- U.S.C. 2601 et seq.) pursuant to a final deter- graph (B) is present, no State or local govern- ulation, or administrative policy which was, re- mination by the Secretary of Labor or a court of ment agency may issue an official copy of a spectively, enacted, promulgated, or imple- competent jurisdiction. birth certificate pertaining to an individual un- mented, prior to the date of enactment of this ‘‘(B) The Secretary of Labor and the Attorney less the copy prominently notes that such indi- Act, that— General shall consult regarding the administra- vidual is deceased. (A) every applicant for such license or docu- tion of this paragraph.’’. (B) The conditions described in this subpara- ment submit the number, and (b) EFFECTIVE DATE.—The amendments made graph include— (B) an agency of such State verify with the by this section shall apply with respect to of- (i) the presence on the original birth certifi- Social Security Administration that the number fenses occurring on or after the date of the en- cate of a notation that the individual is de- is valid and is not a number assigned for use by actment of this Act. ceased, or persons without authority to work in the United SEC. 120. INCREASED NUMBER OF ASSISTANT (ii) actual knowledge by the issuing agency States, but not that the number appears on the UNITED STATES ATTORNEYS TO that the individual is deceased obtained through card. PROSECUTE CASES OF UNLAWFUL information provided by the Social Security Ad- (2) APPLICATION PROCESS.—The application EMPLOYMENT OF ALIENS OR DOCU- ministration, by an interstate system of birth- process for a State driver’s license or identifica- MENT FRAUD. death matching, or otherwise. tion document shall include the presentation of The Attorney General is authorized to hire for (3) GRANTS TO STATES.—(A)(i) The Secretary such evidence of identity as is required by regu- fiscal years 1996 and 1997 such additional As- of Health and Human Services, in consultation lations promulgated by the Secretary of Trans- sistant United States Attorneys as may be nec- with other agencies designated by the President, portation, after consultation with the American essary for the prosecution of actions brought shall establish a fund, administered through the Association of Motor Vehicle Administrators. under sections 274A and 274C of the Immigra- National Center for Health Statistics, to provide (3) FORM OF LICENSE AND IDENTIFICATION DOC- tion and Nationality Act and sections 911, 1001, grants to the States to encourage them to de- UMENT.—Each State driver’s license and identi- 1015 through 1018, 1028, 1030, 1541 through 1544, velop the capability to match birth and death fication document shall be in a form consistent 1546, and 1621 of title 18, United States Code. records, within each State and among the with requirements set forth in regulations pro- Each such additional attorney shall be used pri- States, and to note the fact of death on the birth mulgated by the Secretary of Transportation, marily for such prosecutions. certificates of deceased persons. In developing after consultation with the American Associa- SEC. 120A. SUBPOENA AUTHORITY FOR CASES OF the capability described in the preceding sen- tion of Motor Vehicle Administrators. Such form UNLAWFUL EMPLOYMENT OF ALIENS tence, States shall focus first on persons who shall contain security features designed to limit OR DOCUMENT FRAUD. were born after 1950. tampering, counterfeiting, and use by impostors. (a) IMMIGRATION OFFICER AUTHORITY.— (ii) Such grants shall be provided in propor- (4) LIMITATION ON ACCEPTANCE OF LICENSE (1) UNLAWFUL EMPLOYMENT.—Section tion to population and in an amount needed to AND IDENTIFICATION DOCUMENT.—Neither the 274A(e)(2) (8 U.S.C. 1324a(e)(1)) is amended— provide a substantial incentive for the States to Social Security Administration or the Passport (A) by striking ‘‘and’’ at the end of subpara- develop such capability. Office or any other Federal agency or any State graph (A); (B) The Secretary of Health and Human Serv- or local government agency may accept for any (B) by striking the period at the end of sub- ices shall establish a fund, administered evidentiary purpose a State driver’s license or paragraph (B) and inserting ‘‘, and’’; and through the National Center for Health Statis- identification document in a form other than (C) by inserting after subparagraph (B) the tics, to provide grants to the States for a project the form described in paragraph (3). following new subparagraph: in each of 5 States to demonstrate the feasibility (5) EFFECTIVE DATES.— ‘‘(C) immigration officers designated by the of a system by which each such State’s office of (A) Except as otherwise provided in subpara- Commissioner may compel by subpoena the at- vital statistics would be provided, within 24 graph (B) or (C), this subsection shall take ef- tendance of witnesses and the production of evi- hours, sufficient information to establish the fect on October 1, 2000. dence at any designated place prior to the filing fact of death of every individual dying in such (B)(i) With respect to driver’s licenses or iden- of a complaint in a case under paragraph (2).’’. State. tification documents issued by States that issue (2) DOCUMENT FRAUD.—Section 274C(d)(1) (8 (C) There are authorized to be appropriated to such licenses or documents for a period of valid- U.S.C. 1324c(d)(1)) is amended— the Department of Health and Human Services ity of six years or less, paragraphs (1) and (3) (A) by striking ‘‘and’’ at the end of subpara- such amounts as may be necessary to provide shall apply beginning on October 1, 2000, but graph (A);

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4736 CONGRESSIONAL RECORD — SENATE May 6, 1996 (B) by striking the period at the end of sub- form’’ the following: ‘‘(except in any case of dis- (C) in clause (iii), by striking ‘‘or (iv)’’ and in- paragraph (B) and inserting ‘‘, and’’; and aster, act of God, or other event beyond the con- serting ‘‘(iv), or (v)’’; and (C) by inserting after subparagraph (B) the trol of the person or entity)’’. (D) in clause (iv), by striking ‘‘or (iv)’’ and in- following new subparagraph: PART 3—ALIEN SMUGGLING; DOCUMENT serting ‘‘(iv), or (v)’’; ‘‘(C) immigration officers designated by the FRAUD (3) in paragraph (2)— Commissioner may compel by subpoena the at- (A) in the matter preceding subparagraph (A), tendance of witnesses and the production of evi- SEC. 121. WIRETAP AUTHORITY FOR INVESTIGA- by striking ‘‘for each transaction constituting a TIONS OF ALIEN SMUGGLING OR dence at any designated place prior to the filing DOCUMENT FRAUD. violation of this paragraph, regardless of the of a complaint in a case under paragraph (2).’’. Section 2516(1) of title 18, United States Code, number of aliens involved’’ and inserting ‘‘for (b) SECRETARY OF LABOR SUBPOENA AUTHOR- is amended— each alien in respect to whom a violation of this ITY.— (1) in paragraph (c), by striking ‘‘or section paragraph occurs’’; and (1) IN GENERAL.—Chapter 9 of title II of the 1992 (relating to wrecking trains)’’ and inserting (B) in the matter following subparagraph Immigration and Nationality Act is amended by ‘‘section 1992 (relating to wrecking trains), a fel- (B)(iii), by striking ‘‘be fined’’ and all that fol- adding at the end the following new section: ony violation of section 1028 (relating to produc- lows through the period and inserting the fol- ‘‘SECRETARY OF LABOR SUBPOENA AUTHORITY tion of false identification documentation), sec- lowing: ‘‘be fined under title 18, United States ‘‘SEC. 294. The Secretary of Labor may issue tion 1425 (relating to the procurement of citizen- Code, and shall be imprisoned for a first or sec- subpoenas requiring the attendance and testi- ship or nationalization unlawfully), section 1426 ond offense, not more than 10 years, and for a mony of witnesses or the production of any (relating to the reproduction of naturalization third or subsequent offense, not more than 15 records, books, papers, or documents in connec- or citizenship papers), section 1427 (relating to years.’’; and tion with any investigation or hearing con- the sale of naturalization or citizenship papers), (4) by adding at the end the following new ducted in the enforcement of any immigration section 1541 (relating to passport issuance with- paragraph: ‘‘(3) Any person who hires for employment an program for which the Secretary of Labor has out authority), section 1542 (relating to false alien— been delegated enforcement authority under the statements in passport applications), section ‘‘(A) knowing that such alien is an unauthor- Act. In such hearing, the Secretary of Labor 1543 (relating to forgery or false use of pass- may administer oaths, examine witnesses, and ized alien (as defined in section 274A(h)(3)), and ports), section 1544 (relating to misuse of pass- ‘‘(B) knowing that such alien has been receive evidence. For the purpose of any such ports), or section 1546 (relating to fraud and hearing or investigation, the authority con- brought into the United States in violation of misuse of visas, permits, and other documents)’’; this subsection, tained in sections 9 and 10 of the Federal Trade (2) by striking ‘‘or’’ at the end of paragraph Commission Act (15 U.S.C. 49, 50), relating to (l); shall be fined under title 18, United States Code, the attendance of witnesses and the production (3) by redesignating paragraphs (m), (n), and and shall be imprisoned for not more than 5 of books, papers, and documents, shall be avail- (o) as paragraphs (n), (o), and (p), respectively; years.’’. able to the Secretary of Labor.’’. and (b) SMUGGLING OF ALIENS WHO WILL COMMIT (2) CONFORMING AMENDMENT.—The table of (4) by inserting after paragraph (l) the fol- CRIMES.—Section 274(a)(2)(B) (8 U.S.C. contents of the Immigration and Nationality Act lowing new paragraph: 1324(a)(2)) is amended— is amended by inserting after the item relating ‘‘(m) a violation of section 274, 277, or 278 of (1) by striking ‘‘or’’ at the end of clause (ii); to section 293 the following new item: the Immigration and Nationality Act (8 U.S.C. (2) by redesignating clause (iii) as clause (iv); ‘‘Sec. 294. Secretary of Labor subpoena author- 1324, 1327, or 1328) (relating to the smuggling of and ity.’’. aliens);’’. (3) by inserting after clause (ii) the following new clause: SEC. 120B. TASK FORCE TO IMPROVE PUBLIC SEC. 122. ADDITIONAL COVERAGE IN RICO FOR ‘‘(iii) an offense committed with the intent, or EDUCATION REGARDING UNLAWFUL OFFENSES RELATING TO ALIEN EMPLOYMENT OF ALIENS AND UN- SMUGGLING AND DOCUMENT with substantial reason to believe, that the alien FAIR IMMIGRATION-RELATED EM- FRAUD. unlawfully brought into the United States will PLOYMENT PRACTICES. Section 1961(1) of title 18, United States Code, commit an offense against the United States or (a) ESTABLISHMENT.—The Attorney General is amended— any State punishable by imprisonment for more shall establish a task force within the Depart- (1) by striking ‘‘or’’ after ‘‘law of the United than 1 year; or’’. ment of Justice charged with the responsibility States,’’; (c) SENTENCING GUIDELINES.— of— (2) by inserting ‘‘or’’ at the end of clause (E); (1) IN GENERAL.—Pursuant to its authority (1) providing advice and guidance to employ- and under section 994(p) of title 28, United States ers and employees relating to unlawful employ- (3) by adding at the end the following: ‘‘(F) Code, the United States Sentencing Commission ment of aliens under section 274A of the Immi- any act, or conspiracy to commit any act, in shall promulgate sentencing guidelines or gration and Nationality Act and unfair immi- violation of— amend existing sentencing guidelines for offend- gration-related employment practices under ‘‘(i) section 1028 (relating to production of ers convicted of offenses related to smuggling, 274B of such Act; and false identification documentation), section 1425 transporting, harboring, or inducing aliens in (2) assisting employers in complying with (relating to the procurement of citizenship or violation of section 274(a) (1)(A) or (2)(B) of the those laws. nationalization unlawfully), section 1426 (relat- Immigration and Nationality Act (8 U.S.C. (b) COMPOSITION.—The members of the task ing to the reproduction of naturalization or citi- 1324(a) (1)(A), (2)(B)) in accordance with this force shall be designated by the Attorney Gen- zenship papers), section 1427 (relating to the subsection. eral from among officers or employees of the Im- sale of naturalization or citizenship papers), (2) REQUIREMENTS.—In carrying out this sub- migration and Naturalization Service or other section 1541 (relating to passport issuance with- section, the Commission shall, with respect to components of the Department of Justice. out authority), section 1542 (relating to false the offenses described in paragraph (1)— (c) ANNUAL REPORT.—The task force shall re- statements in passport applications), section (A) increase the base offense level for such of- port annually to the Attorney General on its op- 1543 (relating to forgery or false use of pass- fenses at least 3 offense levels above the applica- erations. ports), or section 1544 (relating to misuse of ble level in effect on the date of the enactment SEC. 120C. NATIONWIDE FINGERPRINTING OF AP- passports) of this title, or, for personal financial of this Act; PREHENDED ALIENS. gain, section 1546 (relating to fraud and misuse (B) review the sentencing enhancement for the There are authorized to be appropriated such of visas, permits, and other documents) of this number of aliens involved (U.S.S.G. 2L1.1(b)(2)), additional sums as may be necessary to ensure title; or and increase the sentencing enhancement by at that the program ‘‘IDENT’’, operated by the Im- ‘‘(ii) section 274, 277, or 278 of the Immigration least 50 percent above the applicable enhance- migration and Naturalization Service pursuant and Nationality Act.’’. ment in effect on the date of the enactment of to section 130007 of Public Law 103–322, shall be SEC. 123. INCREASED CRIMINAL PENALTIES FOR this Act; expanded into a nationwide program. ALIEN SMUGGLING. (C) impose an appropriate sentencing en- SEC. 120D. APPLICATION OF VERIFICATION PRO- (a) IN GENERAL.—Section 274(a) (8 U.S.C. hancement upon an offender with 1 prior felony CEDURES TO STATE AGENCY REFER- 1324(a)) is amended— conviction arising out of a separate and prior RALS OF EMPLOYMENT. (1) in paragraph (1)(A)— prosecution for an offense that involved the Section 274A(a) (8 U.S.C. 1324a(a)) is amended (A) by striking ‘‘or’’ at the end of clause (iii); same or similar underlying conduct as the cur- by adding at the end the following new para- (B) by striking the comma at the end of clause rent offense, to be applied in addition to any graph: (iv) and inserting ‘‘; or’’; and sentencing enhancement that would otherwise ‘‘(6) STATE AGENCY REFERRALS.—A State em- (C) by adding at the end the following new apply pursuant to the calculation of the defend- ployment agency that refers any individual for clause: ant’s criminal history category; employment shall comply with the procedures ‘‘(v)(I) engages in any conspiracy to commit (D) impose an additional appropriate sen- specified in subsection (b). For purposes of the any of the preceding acts, or tencing enhancement upon an offender with 2 attestation requirement in subsection (b)(1), the ‘‘(II) aids or abets the commission of any of or more prior felony convictions arising out of agency employee who is primarily involved in the preceding acts,’’; separate and prior prosecutions for offenses that the referral of the individual shall make the at- (2) in paragraph (1)(B)— involved the same or similar underling conduct testation on behalf of the agency.’’. (A) in clause (i), by inserting ‘‘or (v)(I)’’ after as the current offense, to be applied in addition SEC. 120E. RETENTION OF VERIFICATION FORM. ‘‘(A)(i)’’; to any sentencing enhancement that would oth- Section 274A(b)(3) (8 U.S.C. 1324a(b)(3)) is (B) in clause (ii), by striking ‘‘or (iv)’’ and in- erwise apply pursuant to the calculation of the amended by inserting after ‘‘must retain the serting ‘‘(iv), or (v)(II)’’; defendant’s criminal history category;

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4737 (E) impose an appropriate sentencing en- committed by an employee or agent of such SEC. 127. INCREASED CRIMINAL PENALTIES FOR hancement on a defendant who, in the course of owner, and facilitated or was intended to facili- FRAUDULENT USE OF GOVERNMENT- committing an offense described in this sub- tate, the commission of a violation of, or a con- ISSUED DOCUMENTS. section— spiracy to violate, subsection (a) or section 1028, (a) PENALTIES FOR FRAUD AND MISUSE OF (i) murders or otherwise causes death, bodily 1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of GOVERNMENT-ISSUED IDENTIFICATION DOCU- injury, or serious bodily injury to an individual; title 18, United States Code, or was intended to MENTS.—(1) Section 1028(b) of title 18, United (ii) uses or brandishes a firearm or other dan- further the business interests of the owner, or to States Code, is amended to read as follows: gerous weapon; or confer any other benefit upon the owner.’’; ‘‘(b)(1)(A) An offense under subsection (a) (iii) engages in conduct that consciously or (2) in paragraph (2)— that is— recklessly places another in serious danger of (A) by striking ‘‘conveyance’’ both places it ‘‘(i) the production or transfer of an identi- death or serious bodily injury; appears and inserting ‘‘property’’; and fication document or false identification docu- (F) consider whether a downward adjustment (B) by striking ‘‘is being used in’’ and insert- ment that is or appears to be— is appropriate if the offense conduct involves ing ‘‘is being used in, is facilitating, has facili- ‘‘(I) an identification document issued by or fewer than 6 aliens or the defendant committed tated, or was intended to facilitate’’; under the authority of the United States; or the offense other than for profit; and (3) in paragraph (3)— ‘‘(II) a birth certificate, or a driver’s license or (G) consider whether any other aggravating (A) by inserting ‘‘(A)’’ immediately after personal identification card; or mitigating circumstances warrant upward or ‘‘(3)’’, and ‘‘(ii) the production or transfer of more than downward sentencing adjustments. (B) by adding at the end the following: five identification documents or false identifica- (d) EMERGENCY AUTHORITY TO SENTENCING ‘‘(B) Before the seizure of any real property tion documents; or COMMISSION.—The Commission shall promulgate pursuant to this section, the Attorney General ‘‘(iii) an offense under paragraph (5) of such the guidelines or amendments provided for shall provide notice and an opportunity to be subsection (a); under this section as soon as practicable in ac- heard to the owner of the property. The Attor- shall be punishable under subparagraph (B). cordance with the procedure set forth in section ney General shall prescribe such regulations as ‘‘(B) Except as provided in paragraph (4), a 21(a) of the Sentencing Act of 1987, as though may be necessary to carry out this subpara- person who violates an offense described in sub- the authority under that Act had not expired. graph.’’; paragraph (A) shall be punishable by— (e) EFFECTIVE DATE.—This section and the (4) in paragraphs (4) and (5), by striking ‘‘a ‘‘(i) a fine under this title, imprisonment for amendments made by this section shall apply conveyance’’ and ‘‘conveyance’’ each place not more than 10 years, or both, for a first or with respect to offenses occurring on or after the such phrase or word appears and inserting second offense; or date of the enactment of this Act. ‘‘property’’; and ‘‘(ii) a fine under this title, imprisonment for SEC. 124. ADMISSIBILITY OF VIDEOTAPED WIT- (5) in paragraph (4)— not more than 15 years, or both, for a third or NESS TESTIMONY. (A) by striking ‘‘or’’ at the end of subpara- subsequent offense. Section 274 (8 U.S.C. 1324) is amended by add- graph (C); ‘‘(2) A person convicted of an offense under ing at the end thereof the following new sub- (B) by striking the period at the end of sub- subsection (a) that is— section: paragraph (D) and inserting ‘‘; or’’; and ‘‘(A) any other production or transfer of an ‘‘(d) Notwithstanding any provision of the (C) by adding at the end the following new identification document or false identification Federal Rules of Evidence, the videotaped (or subparagraph: document; or otherwise audiovisually preserved) deposition of ‘‘(E) transfer custody and ownership of for- ‘‘(B) an offense under paragraph (3) of such a witness to a violation of subsection (a) who feited property to any Federal, State, or local subsection; has been deported or otherwise expelled from the agency pursuant to section 616(c) of the Tariff shall be punishable by a fine under this title, United States, or is otherwise unable to testify, Act of 1930 (19 U.S.C. 1616a(c)).’’. imprisonment for not more than three years, or may be admitted into evidence in an action (b) EFFECTIVE DATE.—The amendments made both. brought for that violation if the witness was by this section shall apply with respect to of- ‘‘(3) A person convicted of an offense under available for cross examination and the deposi- fenses occurring on or after the date of the en- subsection (a), other than an offense described tion otherwise complies with the Federal Rules actment of this Act. in paragraph (1) or (2), shall be punishable by of Evidence.’’. SEC. 126. CRIMINAL FORFEITURE FOR ALIEN a fine under this title, imprisonment for not SEC. 125. EXPANDED FORFEITURE FOR ALIEN SMUGGLING, UNLAWFUL EMPLOY- more than one year, or both. SMUGGLING AND DOCUMENT MENT OF ALIENS, OR DOCUMENT ‘‘(4) Notwithstanding any other provision of FRAUD. FRAUD. this section, the maximum term of imprisonment (a) IN GENERAL.—Section 274(b) (8 U.S.C. Section 274 (8 U.S.C. 1324(b)) is amended by that may be imposed for an offense described in 1324(b)) is amended— redesignating subsections (c) and (d) as sub- paragraph (1)(A) shall be— (1) by amending paragraph (1) to read as fol- sections (d) and (e) and inserting after sub- ‘‘(A) if committed to facilitate a drug traf- lows: section (b) the following: ficking crime (as defined in section 929(a) of this ‘‘(1) Any property, real or personal, which fa- ‘‘(c) CRIMINAL FORFEITURE.—(1) Any person title), 15 years; and cilitates or is intended to facilitate, or has been convicted of a violation of, or a conspiracy to ‘‘(B) if committed to facilitate an act of inter- or is being used in or is intended to be used in violate, subsection (a) or section 274A(a) (1) or national terrorism (as defined in section 2331 of the commission of, a violation of, or conspiracy (2) of this Act, or section 1028, 1425, 1426, 1427, this title), 20 years.’’. to violate, subsection (a) or section 1028, 1425, 1541, 1542, 1543, 1544, or 1546 of title 18, United (2) Sections 1541 through 1544 of title 18, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of title States Code, shall forfeit to the United States, United States Code, are amended by striking be 18, United States Code, or which constitutes, or regardless of any provision of State law— fined under this title, imprisoned not more than is derived from or traceable to, the proceeds ob- ‘‘(A) any conveyance, including any vessel, 10 years, or both.’’ each place it appears and in- tained directly or indirectly from a commission vehicle, or aircraft used in the commission of a serting the following: of a violation of, or conspiracy to violate, sub- violation of, or a conspiracy to violate, sub- ‘‘, except as otherwise provided in this section, section (a) or section 1028, 1425, 1426, 1427, 1541, section (a); and be— 1542, 1543, 1544, or 1546 of title 18, United States ‘‘(B) any property real or personal— ‘‘(1) fined under this title, imprisoned for not Code, shall be subject to seizure and forfeiture, ‘‘(i) that constitutes, or is derived from or is more than 10 years, or both, for a first or second except that— traceable to the proceeds obtained directly or in- offense; or ‘‘(A) no property used by any person as a directly from the commission of a violation of, or ‘‘(2) fined under this title, imprisoned for not common carrier in the transaction of business as a conspiracy to violate, subsection (a), section more than 15 years, or both, for a third or subse- a common carrier shall be forfeited under the 274A(a) (1) or (2) of this Act, or section 1028, quent offense. provisions of this section unless it shall appear 1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of ‘‘Notwithstanding any other provision of this that the owner or other person in charge of such title 18, United States Code; or section, the maximum term of imprisonment that property was a consenting party or privy to the ‘‘(ii) that is used to facilitate, or is intended to may be imposed for an offense under this sec- unlawful act; be used to facilitate, the commission of a viola- tion— ‘‘(B) no property shall be forfeited under this tion of, or a conspiracy to violate, subsection ‘‘(1) if committed to facilitate a drug traf- section by reason of any act or omission estab- (a), section 274A(a) (1) or (2) of this Act, or sec- ficking crime (as defined in section 929(a) of this lished by the owner thereof to have been com- tion 1028, 1425, 1426, 1427, 1541, 1542, 1543, 1544, title), is 15 years; and mitted or omitted by any person other than such or 1546 of title 18, United States Code. ‘‘(2) if committed to facilitate an act of inter- owner while such property was unlawfully in The court, in imposing sentence on such person, national terrorism (as defined in section 2331 of the possession of a person other than the owner shall order that the person forfeit to the United this title), is 20 years.’’. in violation of, or in conspiracy to violate, the States all property described in this subsection. (3) Section 1546(a) of title 18, United States criminal laws of the United States or of any ‘‘(2) The criminal forfeiture of property under Code, is amended by striking ‘‘be fined under State; and this subsection, including any seizure and dis- this title, imprisoned not more than 10 years, or ‘‘(C) no property shall be forfeited under this position of the property and any related admin- both.’’ and inserting the following: paragraph to the extent of an interest of any istrative or judicial proceeding, shall be gov- ‘‘, except as otherwise provided in this sub- owner, by reason of any act or omission estab- erned by the provisions of section 413 of the section, be— lished by such owner to have been committed or Comprehensive Drug Abuse Prevention and ‘‘(1) fined under this title, imprisoned for not omitted without the knowledge or consent of Control Act of 1970 (21 U.S.C. 853), other than more than 10 years, or both, for a first or second such owner, unless such act or omission was subsections (a) and (d) of such section 413.’’. offense; or

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4738 CONGRESSIONAL RECORD — SENATE May 6, 1996 ‘‘(2) fined under this title, imprisoned for not under this section as soon as practicable in ac- (B) by adding before the period at the end the more than 15 years, or both, for a third or subse- cordance with the procedure set forth in section following: ‘‘or obtaining a benefit under this quent offense. 21(a) of the Sentencing Act of 1987, as though Act’’; and ‘‘Notwithstanding any other provision of this the authority under that Act had not expired. (C) by striking the period at the end and in- subsection, the maximum term of imprisonment (d) EFFECTIVE DATE.—This section and the serting ‘‘, or’’; and that may be imposed for an offense under this amendments made by this section shall apply (5) by adding at the end the following new subsection— with respect to offenses occurring on or after the paragraphs: ‘‘(1) if committed to facilitate a drug traf- date of the enactment of this Act. ‘‘(5) to prepare, file, or assist another in pre- ficking crime (as defined in section 929(a) of this SEC. 128. CRIMINAL PENALTY FOR FALSE STATE- paring or filing, any application for benefits title), is 15 years; and MENT IN A DOCUMENT REQUIRED under this Act, or any document required under ‘‘(2) if committed to facilitate an act of inter- UNDER THE IMMIGRATION LAWS OR this Act, or any document submitted in connec- national terrorism (as defined in section 2331 of KNOWINGLY PRESENTING DOCU- MENT WHICH FAILS TO CONTAIN tion with such application or document, with this title), is 20 years.’’. knowledge or in reckless disregard of the fact (4) Sections 1425 through 1427 of title 18, REASONABLE BASIS IN LAW OR FACT. that such application or document was falsely United States Code, are amended by striking ‘‘be The fourth undesignated paragraph of section made or, in whole or in part, does not relate to fined not more than $5,000 or imprisoned not 1546(a) of title 18, United States Code, is amend- the person on whose behalf it was or is being more than five years, or both’’ each place it ap- ed to read as follows: submitted; or pears and inserting ‘‘, except as otherwise pro- ‘‘Whoever knowingly makes under oath, or as ‘‘(6) to (A) present before boarding a common vided in this section, be— permitted under penalty of perjury under sec- carrier for the purpose of coming to the United ‘‘(1) fined under this title, imprisoned for not tion 1746 of title 28, United States Code, know- States a document which relates to the alien’s more than 10 years, or both, for a first or second ingly subscribes as true, any false statement eligibility to enter the United States, and (B) offense; or with respect to a material fact in any applica- fail to present such document to an immigration ‘‘(2) fined under this title, imprisoned for not tion, affidavit, or other document required by officer upon arrival at a United States port of more than 15 years, or both, for a third or subse- the immigration laws or regulations prescribed entry.’’. quent offense. thereunder, or knowingly presents any such ap- (b) DEFINITION OF FALSELY MAKE.—Section ‘‘Notwithstanding any other provision of this plication, affidavit, or other document which 274C (8 U.S.C. 1324c), as amended by section 129 section, the maximum term of imprisonment that contains any such false statement or which fails of this Act, is further amended by adding at the may be imposed for an offense under this sec- to contain any reasonable basis in law or end the following new subsection: tion— fact—’’. ‘‘(f) FALSELY MAKE.—For purposes of this sec- ‘‘(1) if committed to facilitate a drug traf- SEC. 129. NEW CRIMINAL PENALTIES FOR FAIL- tion, the term ‘falsely make’ means to prepare or ficking crime (as defined in section 929(a) of this URE TO DISCLOSE ROLE AS PRE- provide an application or document, with title), is 15 years; and PARER OF FALSE APPLICATION FOR knowledge or in reckless disregard of the fact ‘‘(2) if committed to facilitate an act of inter- ASYLUM OR FOR PREPARING CER- that the application or document contains a national terrorism (as defined in section 2331 of TAIN POST-CONVICTION APPLICA- false, fictitious, or fraudulent statement or ma- this title), is 20 years.’’. TIONS. terial representation, or has no basis in law or (b) CHANGES TO THE SENTENCING LEVELS.— Section 274C (8 U.S.C. 1324c) is amended by fact, or otherwise fails to state a fact which is (1) IN GENERAL.—Pursuant to the Commis- adding at the end the following new subsection: sion’s authority under section 994(p) of title 28, ‘‘(e) CRIMINAL PENALTIES FOR FAILURE TO material to the purpose for which it was sub- United States Code, the United States Sen- DISCLOSE ROLE AS DOCUMENT PREPARER.—(1) mitted.’’. tencing Commission shall promulgate sentencing Whoever, in any matter within the jurisdiction (c) CONFORMING AMENDMENT.—Section guidelines or amend existing sentencing guide- of the Service under section 208 of this Act, 274C(d)(3) (8 U.S.C. 1324c(d)(3)) is amended by lines for offenders convicted of violating, or con- knowingly and willfully fails to disclose, con- striking ‘‘each document used, accepted, or cre- spiring to violate, sections 1028(b)(1), 1425 ceals, or covers up the fact that they have, on ated and each instance of use, acceptance, or through 1427, 1541 through 1544, and 1546(a) of behalf of any person and for a fee or other re- creation’’ each place it appears and inserting title 18, United States Code, in accordance with muneration, prepared or assisted in preparing ‘‘each document that is the subject of a viola- this subsection. an application which was falsely made (as de- tion under subsection (a)’’. NHANCED IVIL ENALTIES FOR OCU (2) REQUIREMENTS.—In carrying out this sub- fined in subsection (f)) for immigration benefits (d) E C P D - section, the Commission shall, with respect to pursuant to section 208 of this Act, or the regu- MENT FRAUD IF LABOR STANDARDS VIOLATIONS the offenses referred to in paragraph (1)— lations promulgated thereunder, shall be guilty ARE PRESENT.—Section 274C(d) (8 U.S.C. (A) increase the base offense level for such of- of a felony and shall be fined in accordance 1324c(d)) is amended by adding at the end the fenses at least 2 offense levels above the level in with title 18, United States Code, imprisoned for following new paragraph: effect on the date of the enactment of this Act; not more than 5 years, or both, and prohibited ‘‘(7) CIVIL PENALTY.—(A) The administrative (B) review the sentencing enhancement for from preparing or assisting in preparing, wheth- law judge shall have the authority to require number of documents or passports involved er or not for a fee or other remuneration, any payment of a civil money penalty in an amount (U.S.S.G. 2L2.1(b)(2)), and increase the upward other such application. up to two times the level of the penalty pre- adjustment by at least 50 percent above the ap- ‘‘(2) Whoever, having been convicted of a vio- scribed by this subsection in any case where the plicable enhancement in effect on the date of lation of paragraph (1), knowingly and willfully employer has been found to have committed the enactment of this Act; prepares or assists in preparing an application willful or repeated violations of any of the fol- (C) impose an appropriate sentencing en- for immigration benefits pursuant to this Act, or lowing statutes: hancement upon an offender with 1 prior felony the regulations promulgated thereunder, wheth- ‘‘(i) The Fair Labor Standards Act (29 U.S.C. conviction arising out of a separate and prior er or not for a fee or other remuneration and re- 201 et seq.) pursuant to a final determination by prosecution for an offense that involved the gardless of whether in any matter within the ju- the Secretary of Labor or a court of competent same or similar underlying conduct as the cur- risdiction of the Service under section 208, shall jurisdiction. rent offense, to be applied in addition to any be guilty of a felony and shall be fined in ac- ‘‘(ii) The Migrant and Seasonal Agricultural sentencing enhancement that would otherwise cordance with title 18, United States Code, im- Worker Protection Act (29 U.S.C. 1801 et seq.) apply pursuant to the calculation of the defend- prisoned for not more than 15 years, or both, pursuant to a final determination by the Sec- ant’s criminal history category; and prohibited from preparing or assisting in retary of Labor or a court of competent jurisdic- (D) impose an additional appropriate sen- preparing any other such application.’’. tion. tencing enhancement upon an offender with 2 SEC. 130. NEW DOCUMENT FRAUD OFFENSES; ‘‘(iii) The Family and Medical Leave Act (29 or more prior felony convictions arising out of NEW CIVIL PENALTIES FOR DOCU- U.S.C. 2601 et seq.) pursuant to a final deter- separate and prior prosecutions for offenses that MENT FRAUD. mination by the Secretary of Labor or a court of involved the same or similar underling conduct (a) ACTIVITIES PROHIBITED.—Section 274C(a) competent jurisdiction. as the current offense, to be applied in addition (8 U.S.C. 1324c(a)) is amended— ‘‘(B) The Secretary of Labor and the Attorney (1) in paragraph (1), by inserting before the to any sentencing enhancement that would oth- General shall consult regarding the administra- comma at the end the following: ‘‘or to obtain a erwise apply pursuant to the calculation of the tion of this paragraph.’’. benefit under this Act’’; defendant’s criminal history category; (e) WAIVER BY ATTORNEY GENERAL.—Section (2) in paragraph (2), by inserting before the (E) consider whether a downward adjustment 274C(d) (8 U.S.C. 1324c(d)), as amended by sub- comma at the end the following: ‘‘or to obtain a is appropriate if the offense conduct involves section (d), is further amended by adding at the benefit under this Act’’; end the following new paragraph: fewer than 6 documents, or the defendant com- (3) in paragraph (3)— mitted the offense other than for profit and the (A) by inserting ‘‘or with respect to’’ after ‘‘(8) WAIVER BY ATTORNEY GENERAL.—The At- offense was not committed to facilitate an act of ‘‘issued to’’; torney General may waive the penalties imposed international terrorism; and (B) by adding before the comma at the end the by this section with respect to an alien who (F) consider whether any other aggravating or following: ‘‘or obtaining a benefit under this knowingly violates paragraph (6) if the alien is mitigating circumstances warrant upward or Act’’; and granted asylum under section 208 or with- downward sentencing adjustments. (C) by striking ‘‘or’’ at the end; holding of deportation under section 243(h).’’. (c) EMERGENCY AUTHORITY TO SENTENCING (4) in paragraph (4)— (f) EFFECTIVE DATE.— COMMISSION.—The Commission shall promulgate (A) by inserting ‘‘or with respect to’’ after (1) DEFINITION OF FALSELY MAKE.—Section the guidelines or amendments provided for ‘‘issued to’’; 274C(f) of the Immigration and Nationality Act,

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4739 as added by subsection (b), applies to the prepa- air, present an extraordinary migration situa- ‘‘(4) The application for asylum or with- ration of applications before, on, or after the tion, the Attorney General may, without referral holding of deportation of an alien who has been date of the enactment of this Act. to a special inquiry officer, order the exclusion determined under the procedure described in (2) ENHANCED CIVIL PENALTIES.—The amend- and deportation of any alien who is found to be paragraph (2) to have a credible fear of persecu- ments made by subsection (d) apply with respect excludable under section 212(a) (6)(C) or (7). tion shall be determined in due course by a spe- to offenses occurring on or after the date of the ‘‘(2) As used in this section, the term ‘extraor- cial inquiry officer during a hearing on the ex- enactment of this Act. dinary migration situation’ means the arrival or clusion of such alien. SEC. 131. PENALTIES FOR INVOLUNTARY SER- imminent arrival in the United States or its ter- ‘‘(5) If the officer determines that the alien VITUDE. ritorial waters of aliens who by their numbers or does not have a credible fear of persecution in (a) AMENDMENTS TO TITLE 18.—Sections 1581, circumstances substantially exceed the capacity (or of return to persecution from) the country or 1583, 1584, and 1588 of title 18, United States of the inspection and examination of such countries referred to in paragraph (2), the alien Code, are amended by striking ‘‘five’’ each place aliens. may be specially excluded and deported in ac- it appears and inserting ‘‘10’’. ‘‘(3) Subject to paragraph (4), the determina- cordance with this section. (b) REVIEW OF SENTENCING GUIDELINES.—The tion whether there exists an extraordinary mi- ‘‘(6) The Attorney General shall provide by United States Sentencing Commission shall as- gration situation within the meaning of para- regulation for a single level of administrative certain whether there exists an unwarranted graphs (1) and (2) is committed to the sole and appellate review of a special exclusion order en- disparity— exclusive discretion of the Attorney General. tered in accordance with the provisions of this (1) between the sentences for peonage, invol- ‘‘(4) The provisions of this subsection may be section. untary servitude, and slave trade offenses, and invoked under paragraph (1) for a period not to ‘‘(7) As used in this section, the term ‘asylum officer’ means an immigration officer who— the sentences for kidnapping offenses in effect exceed 90 days, unless within such 90-day period ‘‘(A) has had extensive professional training on the date of the enactment of this Act; and or extension thereof, the Attorney General de- in country conditions, asylum law, and inter- (2) between the sentences for peonage, invol- termines, after consultation with the Committees on the Judiciary of the Senate and the House of view techniques; untary servitude, and slave trade offenses, and ‘‘(B) has had at least one year of experience Representatives, that an extraordinary migra- the sentences for alien smuggling offenses in ef- adjudicating affirmative asylum applications of tion situation continues to warrant such proce- fect on the date of the enactment of this Act and aliens who are not in special exclusion pro- after the amendment made by subsection (a). dures remaining in effect for an additional 90- ceedings; and (c) AMENDMENT OF SENTENCING GUIDELINES.— day period. ‘‘(C) is supervised by an officer who meets the Pursuant to its authority under section 994(p) of ‘‘(5) No alien may be ordered specially ex- qualifications described in subparagraphs (A) title 28, United States Code, the United States cluded under paragraph (1) if— and (B). Sentencing Commission shall review its guide- ‘‘(A) such alien is eligible to seek asylum ‘‘(8) As used in this section, the term ‘credible lines on sentencing for peonage, involuntary under section 208; and fear of persecution’ means that, in light of state- servitude, and slave trade offenses under sec- ‘‘(B) the Attorney General determines, in the ments and evidence produced by the alien in tions 1581 through 1588 of title 18, United States procedure described in subsection (b), that such support of the alien’s claim, and of such other Code, and shall amend such guidelines as nec- alien has a credible fear of persecution on ac- facts as are known to the officer about country essary to— count of race, religion, nationality, membership conditions, a claim by the alien that the alien is (1) reduce or eliminate any unwarranted dis- in a particular social group or political opinion eligible for asylum under section 208 would not parity found under subsection (b) that exists be- in the country of such person’s nationality, or be manifestly unfounded. tween the sentences for peonage, involuntary in the case of a person having no nationality, ‘‘(c) ALIENS FLEEING ONGOING ARMED CON- servitude, and slave trade offenses, and the sen- the country in which such person last habit- FLICT, TORTURE, SYSTEMATIC PERSECUTION, AND tences for kidnapping offenses and alien smug- ually resided. OTHER DEPRIVATIONS OF HUMAN RIGHTS.—Not- gling offenses; ‘‘(6) A special exclusion order entered in ac- withstanding any other provision of this sec- (2) ensure that the applicable guidelines for cordance with the provisions of this section is tion, the Attorney General may, in the Attorney defendants convicted of peonage, involuntary not subject to administrative review other than General’s discretion, proceed in accordance with servitude, and slave trade offenses are suffi- as provided in this section, except that the At- section 236 with regard to any alien fleeing from ciently stringent to deter such offenses and ade- torney General shall provide by regulation for a a country where— quately reflect the heinous nature of such of- prompt administrative review of such an order ‘‘(1) the government (or a group within the fenses; and against an applicant who claims under oath, or country that the government is unable or un- (3) ensure that the guidelines reflect the gen- as permitted under penalty of perjury under sec- willing to control) engages in— eral appropriateness of enhanced sentences for tion 1746 of title 28, United States Code, after ‘‘(A) torture or other cruel, inhuman, or de- defendants whose peonage, involuntary ser- having been warned of the penalties for falsely grading treatment or punishment; vitude, or slave trade offenses involve— making such claim under such conditions, to ‘‘(B) prolonged arbitrary detention without (A) a large number of victims; have been, and appears to have been, lawfully charges or trial; ‘‘(C) abduction, forced disappearance or clan- (B) the use or threatened use of a dangerous admitted for permanent residence. ‘‘(7) A special exclusion order entered in ac- destine detention; or weapon; or ‘‘(D) systematic persecution; or (C) a prolonged period of peonage or involun- cordance with the provisions of this section shall have the same effect as if the alien had ‘‘(2) an ongoing armed conflict or other ex- tary servitude. traordinary conditions would pose a serious been ordered excluded and deported pursuant to (d) EMERGENCY AUTHORITY TO SENTENCING threat to the alien’s personal safety.’’. section 236. COMMISSION.—The Commission shall promulgate (b) CONFORMING AMENDMENTS.—(1)(A) Section ‘‘(8) Nothing in this subsection shall be con- the guidelines or amendments provided for 235(b) of the Immigration and Nationality Act (8 strued as requiring an inquiry before a special under this section as soon as practicable in ac- U.S.C. 1225b) is amended to read as follows: cordance with the procedure set forth in section inquiry officer in the case of an alien crewman. ‘‘(b) Every alien (other than an alien crew- ‘‘(b) PROCEDURE FOR USING SPECIAL EXCLU- 21(a) of the Sentencing Act of 1987, as though man), and except as otherwise provided in sub- SION.—(1) When the Attorney General has deter- the authority under that Act had not expired. section (c) of this section and in section 273(d), mined pursuant to this section that an extraor- (e) EFFECTIVE DATE.—This section and the who may not appear to the examining officer at dinary migration situation exists and an alien amendments made by this section shall apply the port of arrival to be clearly and beyond a subject to special exclusion under such section with respect to offenses occurring on or after the doubt entitled to land shall be detained for fur- has indicated a desire to apply for asylum or date of the enactment of this Act. ther inquiry to be conducted by a special in- withholding of deportation under section 243(h) SEC. 132. EXCLUSION RELATING TO MATERIAL quiry officer. The decision of the examining im- or has indicated a fear of persecution upon re- SUPPORT TO TERRORISTS. migration officer, if favorable to the admission turn, the immigration officer shall refer the mat- Section 212(a)(3)(B)(iii)(III) (8 U.S.C. of any alien, shall be subject to challenge by ter to an asylum officer. 1182(a)(3)(B)(iii)(III)) is amended by inserting any other immigration officer and such chal- ‘‘(2) Such asylum officer shall interview the ‘‘documentation or’’ before ‘‘identification’’. lenge shall operate to take the alien, whose alien to determine whether the alien has a cred- privilege to land is so challenged, before a spe- PART 4—EXCLUSION AND DEPORTATION ible fear of persecution (or of return to persecu- cial inquiry officer.’’. SEC. 141. SPECIAL EXCLUSION IN tion) in or from the country of such alien’s na- (B) Section 237(a) of the Immigration and Na- EXTRAORDINARY MIGRATION SITUA- tionality, or in the case of a person having no TIONS. tionality Act (8 U.S.C. 1227a) is amended— nationality, the country in which such alien (i) in the second sentence of paragraph (1), by (a) IN GENERAL.—The Immigration and Na- last habitually resided. striking ‘‘Subject to section 235(b)(1), deporta- tionality Act is amended by adding after section ‘‘(3) The Attorney General shall provide infor- 236 (8 U.S.C. 1226) the following new section: tion’’ and inserting ‘‘Deportation’’; and mation concerning the procedures described in (ii) in the first sentence of paragraph (2), by ‘‘SPECIAL EXCLUSION IN EXTRAORDINARY this section to any alien who is subject to such striking ‘‘Subject to section (b)(1), if’’ and in- MIGRATION SITUATIONS provisions. The alien may consult with or be serting ‘‘If’’. ‘‘SEC. 236A. (a) IN GENERAL.— represented by a person or persons of the alien’s (2)(A) Section 106 of the Immigration and Na- ‘‘(1) Notwithstanding the provisions of sec- choosing according to regulations prescribed by tionality Act (8 U.S.C. 1105a) is amended— tions 235(b) and 236, and subject to subsection the Attorney General. Such consultation and (i) by striking subsection (e); and (c), if the Attorney General determines that the representation shall be at no expense to the (ii) by amending the section heading to read numbers or circumstances of aliens en route to Government and shall not unreasonably delay as follows: ‘‘JUDICIAL REVIEW OF ORDERS OF DE- or arriving in the United States, by land, sea, or the process. PORTATION AND EXCLUSION’’.

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4740 CONGRESSIONAL RECORD — SENATE May 6, 1996 (B) Section 235(d) (8 U.S.C. 1225d) is repealed. 212 (c) or (i), 244 (a) or (d), or 245 shall be con- the reviewing court finds that the petition pre- (C) The item relating to section 106 in the clusive and shall not be subject to review. sents grounds that could not have been pre- table of contents of the Immigration and Nation- ‘‘(C) The Attorney General’s discretionary sented in the prior judicial proceeding or that ality Act is amended to read as follows: judgment whether to grant relief under section the remedy provided by the prior proceeding was ‘‘106. Judicial review of orders of deportation 208(a) shall be conclusive unless manifestly con- inadequate or ineffective to test the validity of and exclusion.’’. trary to law and an abuse of discretion. the order. (3) Section 241(d) (8 U.S.C. 1251d) is repealed. ‘‘(5)(A) If the petitioner claims to be a na- ‘‘(2) Nothing in paragraph (1)(B) may be con- tional of the United States and the court of ap- SEC. 142. JUDICIAL REVIEW OF ORDERS OF EX- strued as creating a right of review if such re- CLUSION AND DEPORTATION. peals finds from the pleadings and affidavits view would be inconsistent with subsection (e), (a) IN GENERAL.—Section 106 (8 U.S.C. 1105a) that no genuine issue of material fact about the (f), or (g), or any other provision of this section. is amended to read as follows: petitioner’s nationality is presented, the court ‘‘(e) NO JUDICIAL REVIEW FOR ORDERS OF DE- ‘‘JUDICIAL REVIEW OF ORDERS OF DEPORTATION, shall decide the nationality claim. PORTATION OR EXCLUSION ENTERED AGAINST ‘‘(B) If the petitioner claims to be a national EXCLUSION, AND SPECIAL EXCLUSION CERTAIN CRIMINAL ALIENS.—Notwithstanding of the United States and the court of appeals ‘‘SEC. 106. (a) APPLICABLE PROVISIONS.—Ex- any other provision of law, any order of exclu- cept as provided in subsection (b), judicial re- finds that a genuine issue of material fact about sion or deportation against an alien who is ex- view of a final order of exclusion or deportation the petitioner’s nationality is presented, the cludable or deportable by reason of having com- is governed only by chapter 158 of title 28 of the court shall transfer the proceeding to the dis- mitted any criminal offense described in sub- United States Code, but in no such review may trict court of the United States for the judicial paragraph (A)(iii), (B), (C), or (D) of section a court order the taking of additional evidence district in which the petitioner resides for a new 241(a)(2), or two or more offenses described in pursuant to section 2347(c) of title 28, United hearing on the nationality claim and a decision section 241(a)(2)(A)(ii), at least two of which re- States Code. on that claim as if an action had been brought sulted in a sentence or confinement described in ‘‘(b) REQUIREMENTS.—(1)(A) A petition for ju- in the district court under section 2201 of title section 241(a)(2)(A)(i)(II), is not subject to re- dicial review must be filed not later than 30 days 28, United States Code. view by any court. after the date of the final order of exclusion or ‘‘(C) The petitioner may have the nationality ‘‘(f) NO COLLATERAL ATTACK.—In any action deportation, except that in the case of any spe- claim decided only as provided in this section. brought for the assessment of penalties for im- cially deportable criminal alien (as defined in ‘‘(6)(A) If the validity of an order of deporta- proper entry or reentry of an alien under sec- section 242(k)), there shall be no judicial review tion has not been judicially decided, a defend- tion 275 or 276, no court shall have jurisdiction of any final order of deportation. ant in a criminal proceeding charged with vio- to hear claims attacking the validity of orders of ‘‘(B) The alien shall serve and file a brief in lating subsection (d) or (e) of section 242 may exclusion, special exclusion, or deportation en- connection with a petition for judicial review challenge the validity of the order in the crimi- tered under section 235, 236, or 242.’’. not later than 40 days after the date on which nal proceeding only by filing a separate motion (b) RESCISSION OF ORDER.—Section 242B(c)(3) the administrative record is available, and may before trial. The district court, without a jury, (8 U.S.C. 1252b(c)(3)) is amended by striking the serve and file a reply brief not later than 14 shall decide the motion before trial. period at the end and inserting ‘‘by the special days after service of the brief of the Attorney ‘‘(B) If the defendant claims in the motion to inquiry officer, but there shall be no stay pend- General, and the court may not extend these be a national of the United States and the dis- ing further administrative or judicial review, deadlines except upon motion for good cause trict court finds that no genuine issue of mate- unless ordered because of individually compel- shown. Judicial review of all questions of law rial fact about the defendant’s nationality is ling circumstances.’’. and fact, including interpretation and applica- presented, the court shall decide the motion (c) CLERICAL AMENDMENT.—The table of con- tion of constitutional and statutory provisions, only on the administrative record on which the tents of the Act is amended by amending the arising from any action taken or proceeding deportation order is based. The administrative item relating to section 106 to read as follows: brought to exclude or deport an alien from the findings of fact are conclusive if supported by ‘‘Sec. 106. Judicial review of orders of deporta- United States under title II of this Act shall be reasonable, substantial, and probative evidence tion, exclusion, and special exclu- available only in the judicial review of a final on the record considered as a whole. sion.’’. ‘‘(C) If the defendant claims in the motion to order of exclusion or deportation under this sec- (d) EFFECTIVE DATE.—The amendments made be a national of the United States and the dis- tion. If a petition filed under this section raises by subsections (a) and (b) shall apply to all trict court finds that a genuine issue of material a Constitutional issue that the court of appeals final orders of exclusion or deportation entered, fact about the defendant’s nationality is pre- finds presents a genuine issue of material fact and motions to reopen filed, on or after the date sented, the court shall hold a new hearing on that cannot be resolved on the basis of the ad- of the enactment of this Act. the nationality claim and decide that claim as if ministrative record, the court shall transfer the an action had been brought under section 2201 SEC. 143. CIVIL PENALTIES AND VISA INELIGI- proceeding to the district court of the United BILITY, FOR FAILURE TO DEPART. of title 28, United States Code. States for the judicial district in which the peti- ‘‘(D) If the district court rules that the depor- (a) ALIENS SUBJECT TO AN ORDER OF EXCLU- tioner resides or is detained for a new hearing tation order is invalid, the court shall dismiss SION OR DEPORTATION.—The Immigration and on the Constitutional claim as if the proceedings the indictment. The United States Government Nationality Act is amended by inserting after were originally initiated in district court. The may appeal the dismissal to the court of appeals section 274C (8 U.S.C. 1324c) the following new procedure in these cases in the district court is for the appropriate circuit within 30 days. The section: governed by the Federal Rules of Civil Proce- defendant may not file a petition for review ‘‘CIVIL PENALTIES FOR FAILURE TO DEPART dure. under this section during the criminal pro- ‘‘SEC. 274D. (a) Any alien subject to a final ‘‘(C) If an alien fails to file a brief in connec- ceeding. The defendant may have the nation- order of exclusion and deportation or deporta- tion with a petition for judicial review within ality claim decided only as provided in this sec- tion who— the time provided in this paragraph, the Attor- tion. ‘‘(1) willfully fails or refuses to— ney General may move to dismiss the appeal, ‘‘(7) This subsection— ‘‘(A) depart on time from the United States and the court shall grant such motion unless a ‘‘(A) does not prevent the Attorney General, pursuant to the order; manifest injustice would result. after a final order of deportation has been ‘‘(B) make timely application in good faith for ‘‘(2) A petition for judicial review shall be issued, from detaining the alien under section travel or other documents necessary for depar- filed with the court of appeals for the judicial 242(c); ture; or circuit in which the special inquiry officer com- ‘‘(B) does not relieve the alien from complying ‘‘(C) present himself or herself for deportation pleted the proceedings. with subsection (d) or (e) of section 242; and at the time and place required by the Attorney ‘‘(3) The respondent of a petition for judicial ‘‘(C) except as provided in paragraph (3), does General; or review shall be the Attorney General. The peti- not require the Attorney General to defer depor- ‘‘(2) conspires to or takes any action designed tion shall be served on the Attorney General tation of the alien. to prevent or hamper the alien’s departure pur- and on the officer or employee of the Immigra- ‘‘(8) The record and briefs do not have to be suant to the order, tion and Naturalization Service in charge of the printed. The court of appeals shall review the shall pay a civil penalty of not more than $500 Service district in which the final order of exclu- proceeding on a typewritten record and on type- to the Commissioner for each day the alien is in sion or deportation was entered. Service of the written briefs. violation of this section. petition on the officer or employee does not stay ‘‘(c) REQUIREMENTS FOR PETITION.—A petition ‘‘(b) The Commissioner shall deposit amounts the deportation of an alien pending the court’s for review of an order of exclusion or deporta- received under subsection (a) as offsetting col- decision on the petition, unless the court orders tion shall state whether a court has upheld the lections in the appropriate appropriations ac- otherwise. validity of the order, and, if so, shall state the count of the Service. ‘‘(4)(A) Except as provided in paragraph name of the court, the date of the court’s ruling, ‘‘(c) Nothing in this section shall be construed (5)(B), the court of appeals shall decide the peti- and the kind of proceeding. to diminish or qualify any penalties to which an tion only on the administrative record on which ‘‘(d) REVIEW OF FINAL ORDERS.— alien may be subject for activities proscribed by the order of exclusion or deportation is based ‘‘(1) A court may review a final order of exclu- section 242(e) or any other section of this Act.’’. and the Attorney General’s findings of fact sion or deportation only if— (b) VISA OVERSTAYER.—The Immigration and shall be conclusive unless a reasonable adjudi- ‘‘(A) the alien has exhausted all administra- Nationality Act is amended in section 212 (8 cator would be compelled to conclude to the con- tive remedies available to the alien as a matter U.S.C. 1182) by inserting the following new sub- trary. of right; and section: ‘‘(B) The Attorney General’s discretionary ‘‘(B) another court has not decided the valid- ‘‘(p)(1) Any lawfully admitted nonimmigrant judgment whether to grant relief under section ity of the order, unless, subject to paragraph (2), who remains in the United States for more than

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4741 60 days beyond the period authorized by the At- torney General from proceeding against an alien ‘‘(2) For purposes of this subsection, any pe- torney General shall be ineligible for additional pursuant to section 242 if the time period de- riod of continuous residence shall be deemed to nonimmigrant or immigrant visas (other than scribed in paragraph (1) has elapsed and the end when the alien is placed in proceedings to visas available for spouses of United States citi- alien has failed to secure counsel.’’. exclude or deport the alien from the United zens or aliens lawfully admitted for permanent SEC. 147. ADDITION OF NONIMMIGRANT VISAS TO States. residence) until the date that is— TYPES OF VISA DENIED FOR COUN- ‘‘(3) Nothing contained in this subsection ‘‘(A) 3 years after the date the nonimmigrant TRIES REFUSING TO ACCEPT DE- shall limit the authority of the Attorney General departs the United States in the case of a non- PORTED ALIENS. to exercise the discretion authorized under sec- immigrant not described in paragraph (2); or (a) IN GENERAL.—Section 243(g) (8 U.S.C. tion 211(b). ‘‘(B) 5 years after the date the nonimmigrant 1253(g)) is amended to read as follows: ‘‘(4) Paragraph (1) shall not apply to an alien ‘‘(g)(1) If the Attorney General determines departs the United States in the case of a non- who has been convicted of one or more aggra- that any country upon request denies or unduly immigrant who without reasonable cause fails vated felonies and has been sentenced for such delays acceptance of the return of any alien or refuses to attend or remain in attendance at felony or felonies to a term or terms of imprison- who is a national, citizen, subject, or resident a proceeding to determine the nonimmigrant’s thereof, the Attorney General shall notify the ment totalling, in the aggregate, at least 5 years. deportability. Secretary of such fact, and thereafter, subject to ‘‘(5) This subsection shall apply only to an ‘‘(2)(A) Paragraph (1) shall not apply to any paragraph (2), neither the Secretary of State nor alien in proceedings under section 236.’’. lawfully admitted nonimmigrant who is de- any consular officer shall issue an immigrant or (b) CANCELLATION OF DEPORTATION.—Section scribed in paragraph (1)(A) and who dem- nonimmigrant visa to any national, citizen, sub- 244 (8 U.S.C. 1254) is amended to read as fol- onstrates good cause for remaining in the ject, or resident of such country. lows: United States for the entirety of the period ‘‘(2) The Secretary of State may waive the ap- ‘‘CANCELLATION OF DEPORTATION; ADJUSTMENT (other than the first 60 days) during which the plication of paragraph (1) if the Secretary deter- OF STATUS; VOLUNTARY DEPARTURE nonimmigrant remained in the United States mines that such a waiver is necessary to comply ‘‘SEC. 244. (a) CANCELLATION OF DEPORTA- without the authorization of the Attorney Gen- with the terms of a treaty or international TION.—(1) The Attorney General may, in the At- eral. agreement or is in the national interest of the torney General’s discretion, cancel deportation ‘‘(B) A final order of deportation shall not be United States.’’. in the case of an alien who is deportable from stayed on the basis of a claim of good cause (b) EFFECTIVE DATE.—The amendment made the United States and— made under this subsection. by subsection (a) shall apply to countries for ‘‘(A) is, and has been for at least 5 years, a ‘‘(3) The Attorney General shall by regulation which the Secretary of State gives instructions lawful permanent resident; has resided in the establish procedures necessary to implement this to United States consular officers on or after the United States continuously for not less than 7 section.’’. date of the enactment of this Act. years after being lawfully admitted; and has not (c) EFFECTIVE DATE.—Subsection (b) shall SEC. 148. AUTHORIZATION OF SPECIAL FUND FOR been convicted of an aggravated felony or felo- take effect on the date of implementation of the COSTS OF DEPORTATION. nies for which the alien has been sentenced to automated entry-exit control system described in In addition to any other funds otherwise a term or terms of imprisonment totaling, in the section 201, or on the date that is 2 years after available in any fiscal year for such purpose, aggregate, at least 5 years; the date of enactment of this Act, whichever is there are authorized to be appropriated to the ‘‘(B) has been physically present in the earlier. Immigration and Naturalization Service United States for a continuous period of not less (d) AMENDMENTS TO TABLE OF CONTENTS.— $10,000,000 for use without fiscal year limitation than 7 years since entering the United States; The table of contents of the Act is amended by for the purpose of— has been a person of good moral character dur- inserting after the item relating to section 274C (1) executing final orders of deportation pur- ing such period; and establishes that deporta- the following: suant to sections 242 and 242A of the Immigra- tion would result in extreme hardship to the ‘‘Sec. 274D. Civil penalties for failure to de- tion and Nationality Act (8 U.S.C. 1252 and alien or the alien’s spouse, parent, or child, who part.’’. 1252a); and is a citizen or national of the United States or SEC. 144. CONDUCT OF PROCEEDINGS BY ELEC- (2) detaining aliens prior to the execution of an alien lawfully admitted for permanent resi- TRONIC MEANS. final orders of deportation issued under such dence; Section 242(b) (8 U.S.C. 1252(b)) is amended by sections. ‘‘(C) has been physically present in the United inserting at the end the following new sen- SEC. 149. PILOT PROGRAM TO INCREASE EFFI- States for a continuous period of not less than CIENCY IN REMOVAL OF DETAINED tences: ‘‘Nothing in this subsection precludes three years since entering the United States; has the Attorney General from authorizing pro- ALIENS. (a) AUTHORITY.—The Attorney General shall been battered or subjected to extreme cruelty in ceedings by video electronic media, by tele- conduct one or more pilot programs to study the United States by a spouse or parent who is phone, or, where a requirement for the alien’s methods for increasing the efficiency of deporta- a United States citizen or lawful permanent resi- appearance is waived or the alien’s absence is tion and exclusion proceedings against detained dent (or is the parent of a child who is a United agreed to by the parties, in the absence of the aliens by increasing the availability of pro bono States citizen or lawful permanent resident and alien. Contested full evidentiary hearings on the counseling and representation for such aliens. the child has been battered or subjected to ex- merits may be conducted by telephone only with Any such pilot program may provide for admin- treme cruelty in the United States by such cit- the consent of the alien.’’. istrative grants to not-for-profit organizations izen or permanent resident parent); has been a SEC. 145. SUBPOENA AUTHORITY. involved in the counseling and representation of person of good moral character during all of (a) EXCLUSION PROCEEDINGS.—Section 236(a) aliens in immigration proceedings. An evalua- such period in the United States; and estab- (8 U.S.C. 1226(a)) is amended in the first sen- tion component shall be included in any such lishes that deportation would result in extreme tence by inserting ‘‘issue subpoenas,’’ after pilot program to test the efficiency and cost-ef- hardship to the alien or the alien’s parent or ‘‘evidence,’’. fectiveness of the services provided and the child; or (b) DEPORTATION PROCEEDINGS.—Section replicability of such programs at other locations. ‘‘(D) is deportable under paragraph (2) (A), 242(b) (8 U.S.C. 1252(b)) is amended in the first (b) AUTHORIZATION OF APPROPRIATIONS.— (B), or (D), or paragraph (3) of section 241(a); sentence by inserting ‘‘issue subpoenas,’’ after There are authorized to be appropriated to the has been physically present in the United States ‘‘evidence,’’. Department of Justice such sums as may be nec- for a continuous period of not less than 10 years SEC. 146. LANGUAGE OF DEPORTATION NOTICE; essary to carry out the program or programs de- immediately following the commission of an act, RIGHT TO COUNSEL. scribed in subsection (a). or the assumption of a status, constituting a (a) LANGUAGE OF NOTICE.—Section 242B (8 (c) STATUTORY CONSTRUCTION.—Nothing in ground for deportation, and proves that during U.S.C. 1252b) is amended in subsection (a)(3) by this section may be construed as creating a right all of such period he has been a person of good striking ‘‘under this subsection’’ and all that for any alien to be represented in any exclusion moral character; and is a person whose deporta- follows through ‘‘(B)’’ and inserting ‘‘under this or deportation proceeding at the expense of the tion would, in the opinion of the Attorney Gen- subsection’’. Government. eral, result in exceptional and extremely un- (b) PRIVILEGE OF COUNSEL.—(1) Section SEC. 150. LIMITATIONS ON RELIEF FROM EXCLU- usual hardship to the alien or to his spouse, 242B(b)(1) (8 U.S.C. 1252b(b)(1)) is amended by SION AND DEPORTATION. parent, or child, who is a citizen of the United inserting before the period at the end the fol- (a) LIMITATION.—Section 212(c) (8 U.S.C. States or an alien lawfully admitted for perma- lowing: ‘‘, except that a hearing may be sched- 1182(c)) is amended to read as follows: nent residence. uled as early as 3 days after the service of the ‘‘(c)(1) Subject to paragraphs (2) through (5), ‘‘(2)(A) For purposes of paragraph (1), any order to show cause if the alien has been contin- an alien who is and has been lawfully admitted period of continuous residence or continuous ued in custody subject to section 242’’. for permanent residence for at least 5 years, physical presence in the United States shall be (2) The parenthetical phrase in section 292 (8 who has resided in the United States continu- deemed to end when the alien is served an order U.S.C. 1362) is amended to read as follows: ‘‘(at ously for 7 years after having been lawfully ad- to show cause pursuant to section 242 or 242B. no expense to the Government or unreasonable mitted, and who is returning to such residence ‘‘(B) An alien shall be considered to have delay to the proceedings)’’. after having temporarily proceeded abroad vol- failed to maintain continuous physical presence (3) Section 242B(b) (8 U.S.C. 1252b(b)) is fur- untarily and not under an order of deportation, in the United States under paragraph (1) (B), ther amended by inserting at the end the fol- may be admitted in the discretion of the Attor- (C), or (D) if the alien was absent from the lowing new paragraph: ney General without regard to the provisions of United States for any single period of more than ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this subsection (a) (other than paragraphs (3) and 90 days or an aggregate period of more than 180 subsection may be construed to prevent the At- (9)(C)). days.

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4742 CONGRESSIONAL RECORD — SENATE May 6, 1996 ‘‘(C) A person who is deportable under section ‘‘(B)(i) In the case of departure pursuant to of the owner, charterer, master, or person in 241(a)(2)(C) or 241(a)(4) shall not be eligible for subparagraph (A)(i), the Attorney General may command of any vessel or aircraft through con- relief under this section. require the alien to post a voluntary departure cealment aboard such vessel or aircraft. A pas- ‘‘(D) A person who is deportable under section bond, to be surrendered upon proof that the senger who boards with a valid ticket is not to 241(a)(2) (A), (B), or (D) or section 241(a)(3) alien has departed the United States within the be considered a stowaway.’’. shall not be eligible for relief under paragraph time specified. (b) EXCLUDABILITY.—Section 237 (8 U.S.C. (1) (B), or (D). ‘‘(ii) If any alien who is authorized to depart 1227) is amended— ‘‘(E) A person who has been convicted of an voluntarily under this paragraph is financially (1) in subsection (a)(1), before the period at aggravated felony shall not be eligible for relief unable to depart at the alien’s own expense and the end of the first sentence, by inserting the under paragraph (1) (B), or (C), (D). the Attorney General deems the alien’s removal following: ‘‘, or unless the alien is an excluded ‘‘(F) A person who is deportable under section to be in the best interest of the United States, stowaway who has applied for asylum or with- 241(a)(1)(G) shall not be eligible for relief under the expense of such removal may be paid from holding of deportation and whose application paragraph (1)(C). the appropriation for enforcement of this Act. has not been adjudicated or whose application ‘‘(b) CONTINUOUS PHYSICAL PRESENCE NOT RE- ‘‘(C) In the case of departure pursuant to sub- QUIRED BECAUSE OF HONORABLE SERVICE IN has been denied but who has not exhausted paragraph (A)(ii), the alien shall be required to every appeal right’’; and ARMED FORCES AND PRESENCE UPON ENTRY post a voluntary departure bond, in an amount INTO SERVICE.—The requirements of continuous (2) by inserting after the first sentence in sub- necessary to ensure that the alien will depart, to section (a)(1) the following new sentences: ‘‘Any residence or continuous physical presence in the be surrendered upon proof that the alien has de- United States specified in subsection (a)(1) (A) alien stowaway inspected upon arrival in the parted the United States within the time speci- United States is an alien who is excluded within and (B) shall not be applicable to an alien fied. who— the meaning of this section. For purposes of this ‘‘(2) If the alien fails voluntarily to depart the section, the term ‘alien’ includes an excluded ‘‘(1) has served for a minimum period of 24 United States within the time period specified in months in an active-duty status in the Armed stowaway. The provisions of this section con- accordance with paragraph (1), the alien shall cerning the deportation of an excluded alien Forces of the United States and, if separated be subject to a civil penalty of not more than from such service, was separated under honor- shall apply to the deportation of a stowaway $500 per day and shall be ineligible for any fur- under section 273(d).’’. able conditions, and ther relief under this subsection or subsection ‘‘(2) at the time of his or her enlistment or in- (c) CARRIER LIABILITY FOR COSTS OF DETEN- (a). duction, was in the United States. TION.—Section 273(d) (8 U.S.C. 1323(d)) is ‘‘(3)(A) The Attorney General may by regula- ‘‘(c) ADJUSTMENT OF STATUS.—The Attorney amended to read as follows: tion limit eligibility for voluntary departure for General may cancel deportation and adjust to ‘‘(d)(1) It shall be the duty of the owner, the status of an alien lawfully admitted for per- any class or classes of aliens. ‘‘(B) No court may review any regulation charterer, agent, consignee, commanding officer, manent residence any alien who the Attorney or master of any vessel or aircraft arriving at General determines meets the requirements of issued under subparagraph (A). ‘‘(4) No court shall have jurisdiction over an the United States from any place outside the subsection (a)(1) (B), (C), or (D). The Attorney appeal from denial of a request for an order of United States to detain on board or at such General shall record the alien’s lawful admis- voluntary departure under paragraph (1), nor other place as may be designated by an immi- sion for permanent residence as of the date the shall any court order a stay of an alien’s re- gration officer any alien stowaway until such Attorney General decides to cancel such alien’s moval pending consideration of any claim with stowaway has been inspected by an immigration removal. officer. ‘‘(d) ALIEN CREWMEN; NONIMMIGRANT EX- respect to voluntary departure.’’. (c) CONFORMING AMENDMENTS.—(1) Section ‘‘(2) Upon inspection of an alien stowaway by CHANGE ALIENS ADMITTED TO RECEIVE GRAD- 242(b) (8 U.S.C. 1252(b)) is amended by striking an immigration officer, the Attorney General UATE MEDICAL EDUCATION OR TRAINING; the last two sentences. may by regulation take immediate custody of OTHER.—The provisions of subsection (a) shall any stowaway and shall charge the owner, not apply to an alien who— (2) Section 242B (8 U.S.C. 1252b) is amended— ‘‘(1) entered the United States as a crewman (A) in subsection (e)(2), by striking ‘‘section charterer, agent, consignee, commanding officer, after June 30, 1964; 244(e)(1)’’ and inserting ‘‘section 244(e)’’; and or master of the vessel or aircraft on which the ‘‘(2) was admitted to the United States as a (B) in subsection (e)(5)— stowaway has arrived the costs of detaining the nonimmigrant alien described in section (i) by striking ‘‘suspension of deportation’’ stowaway. 101(a)(15)(J), or has acquired the status of such and inserting ‘‘cancellation of deportation’’; ‘‘(3) It shall be the duty of the owner, a nonimmigrant alien after admission, in order and charterer, agent, consignee, commanding officer, to receive graduate medical education or train- (ii) by inserting ‘‘244,’’ before ‘‘245’’. or master of any vessel or aircraft arriving at ing, without regard to whether or not the alien (d) AMENDMENT TO THE TABLE OF CON- the United States from any place outside the is subject to or has fulfilled the two-year foreign TENTS.—The table of contents of the Act is United States to deport any alien stowaway on residence requirement of section 212(e); or amended by amending the item relating to sec- the vessel or aircraft on which such stowaway ‘‘(3)(A) was admitted to the United States as tion 244 to read as follows: arrived or on another vessel or aircraft at the a nonimmigrant alien described in section ‘‘Sec. 244. Cancellation of deportation; adjust- expense of the vessel or aircraft on which such 101(a)(15)(J), or has acquired the status of such ment of status; voluntary depar- stowaway arrived when required to do so by an a nonimmigrant alien after admission, other ture.’’. immigration officer. than to receive graduate medical education or (e) EFFECTIVE DATES.—(1) The amendments ‘‘(4) Any person who fails to comply with training; made by subsection (a) shall take effect on the paragraph (1) or (3), shall be subject to a fine of ‘‘(B) is subject to the two-year foreign resi- date of the enactment of this Act, and shall $5,000 for each alien for each failure to comply, dence requirement of section 212(e); and apply to all applications for relief under section payable to the Commissioner. The Commissioner ‘‘(C) has not fulfilled that requirement or re- 212(c) of the Immigration and Nationality Act (8 shall deposit amounts received under this para- ceived a waiver thereof, or, in the case of a for- U.S.C. 1182(c)), except that, for purposes of de- graph as offsetting collections to the applicable eign medical graduate who has received a waiv- termining the period of continuous residence, appropriations account of the Service. Pending er pursuant to section 220 of the Immigration the amendments made by subsection (a) shall final determination of liability for such fine, no and Nationality Technical Corrections Act of apply to all aliens against whom proceedings such vessel or aircraft shall be granted clear- 1994 (Public Law 103–416), has not fulfilled the are commenced on or after the date of the enact- ance, except that clearance may be granted requirements of section 214(k). ment of this Act. upon the deposit of a sum sufficient to cover ‘‘(e) VOLUNTARY DEPARTURE.—(1)(A) The At- (2) The amendments made by subsection (b) such fine, or of a bond with sufficient surety to torney General may permit an alien voluntarily shall take effect on the date of the enactment of secure the payment thereof approved by the to depart the United States at the alien’s own this Act, and shall apply to all applications for Commissioner. expense— relief under section 244 of the Immigration and ‘‘(5) An alien stowaway inspected upon ar- ‘‘(i) in lieu of being subject to deportation pro- Nationality Act (8 U.S.C. 1254), except that, for rival shall be considered an excluded alien ceedings under section 242 or prior to the com- purposes of determining the periods of contin- under this Act. pletion of such proceedings, if the alien is not a uous residence or continuous physical presence, ‘‘(6) The provisions of section 235 for deten- person deportable under section 241(a)(2)(A)(iii) the amendments made by subsection (b) shall tion of aliens for examination before a special or section 241(a)(4); or ‘‘(ii) after the completion of deportation pro- apply to all aliens upon whom an order to show inquiry officer and the right of appeal provided ceedings under section 242, only if a special in- cause is served on or after the date of the enact- for in section 236 shall not apply to aliens who quiry officer determines that— ment of this Act. arrive as stowaways, and no such aliens shall ‘‘(I) the alien is, and has been for at least 5 (3) The amendments made by subsection (c) be permitted to land in the United States, except years immediately preceding the alien’s applica- shall take effect on the date of the enactment of temporarily for medical treatment, or pursuant tion for voluntary departure, a person of good this Act. to such regulations as the Attorney General may moral character; SEC. 151. ALIEN STOWAWAYS. prescribe for the departure, removal, or deporta- ‘‘(II) the alien is not deportable under section (a) DEFINITION.—Section 101(a) (8 U.S.C. 1101) tion of such alien from the United States. 241(a)(2)(A)(iii) or section 241(a)(4); and is amended by adding the following new para- ‘‘(7) A stowaway may apply for asylum under ‘‘(III) the alien establishes by clear and con- graph: section 208 or withholding of deportation under vincing evidence that the alien has the means to ‘‘(47) The term ‘stowaway’ means any alien section 243(h), pursuant to such regulations as depart the United States and intends to do so. who obtains transportation without the consent the Attorney General may establish.’’.

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4743 SEC. 152. PILOT PROGRAM ON INTERIOR REPA- training in the diagnosis of insanity and mental ‘‘(2)(A) The fees imposed under paragraph (1) TRIATION AND OTHER METHODS TO defects shall be detailed for duty or employed at may be collected as separate fees or as sur- DETER MULTIPLE UNLAWFUL EN- such ports of entry as the Secretary may des- charges to any other fees that may be collected TRIES. ignate, in consultation with the Attorney Gen- in connection with an application for adjust- (a) ESTABLISHMENT.—Not later than 180 days eral. ment of status under section 209, 210, 245, or after the date of the enactment of this Act, the ‘‘(2) CIVIL SURGEONS.—(A) Whenever medical 245A, for a visa, or for a waiver of excludability Attorney General, after consultation with the officers of the United States Public Health Serv- under paragraph (1) or (2) of section 212(g), as Secretary of State, shall establish a pilot pro- ice are not available to perform examinations the case may be. gram for up to two years which provides for under this section, the Attorney General, in ‘‘(B) The provisions of the Act of August 18, methods to deter multiple unlawful entries by consultation with the Secretary, shall designate 1856 (Revised Statutes 1726–28, 22 U.S.C. 4212– aliens into the United States. The pilot program civil surgeons to perform the examinations. 14), concerning accounting for consular fees, may include the development and use of interior ‘‘(B) Each civil surgeon designated under sub- shall not apply to fees collected by the Secretary repatriation, third country repatriation, and paragraph (A) shall— of State under this section. other disincentives for multiple unlawful entries ‘‘(i) have at least 4 years of professional expe- ‘‘(3)(A) There is established on the books of into the United States. rience unless the Secretary determines that spe- the Treasury of the United States a separate ac- (b) REPORT.—Not later than 35 months after cial or extenuating circumstances justify the count which shall be known as the ‘Medical Ex- the date of the enactment of this Act, the Attor- designation of an individual having a lesser aminations Fee Account’. ney General, together with the Secretary of amount of professional experience; and ‘‘(B) There shall be deposited as offsetting re- State, shall submit a report to the Committees on ‘‘(ii) satisfy such other eligibility requirements ceipts into the Medical Examinations Fee Ac- as the Secretary may prescribe. the Judiciary of the House of Representatives count all fees collected under paragraph (1), to ‘‘(3) PANEL PHYSICIANS.—In the case of exami- and of the Senate on the operation of the pilot remain available until expended. nations under this section abroad, the medical program under this section and whether the ‘‘(C) Amounts in the Medical Examinations examiner shall be a panel physician designated pilot program or any part thereof should be ex- Fee Account shall be available only to reimburse by the Secretary of State, in consultation with tended or made permanent. any appropriation currently available for the the Secretary. SEC. 153. PILOT PROGRAM ON USE OF CLOSED ERTIFICATION OF EDICAL INDINGS programs established by this section. MILITARY BASES FOR THE DETEN- ‘‘(d) C M F .— The medical examiners shall certify for the in- ‘‘(h) DEFINITIONS.—As used in this section— TION OF EXCLUDABLE OR DEPORT- ‘‘(1) the term ‘medical examiner’ refers to a formation of immigration officers and special in- ABLE ALIENS. medical officer, civil surgeon, or panel physi- (a) ESTABLISHMENT.—The Attorney General quiry officers, or consular officers, as the case may be, any physical or mental defect or disease cian, as described in subsection (c); and and the Secretary of Defense shall jointly estab- ‘‘(2) the term ‘Secretary’ means the Secretary observed by such examiners in any such alien. lish a pilot program for up to two years to deter- of Health and Human Services.’’. mine the feasibility of the use of military bases ‘‘(e) VACCINATION ASSESSMENT.—(1) The as- sessment referred to in subsection (b)(1)(B) is an SEC. 155. CERTIFICATION REQUIREMENTS FOR available through the defense base realignment FOREIGN HEALTH-CARE WORKERS. and closure process as detention centers for the assessment of the alien’s record of required vac- cines for preventable diseases, including mumps, (a) IN GENERAL.—Section 212(a) (8 U.S.C. Immigration and Naturalization Service. 1182(a)) is amended— (b) REPORT.—Not later than 35 months after measles, rubella, polio, tetanus, diphtheria tox- oids, pertussis, hemophilus-influenza type B, (1) by redesignating paragraph (9) as para- the date of the enactment of this Act, the Attor- graph (10); and ney General, together with the Secretary of hepatitis type B, as well as any other diseases specified as vaccine-preventable by the Advisory (2) by inserting after paragraph (8) the fol- State, shall submit a report to the Committees on lowing new paragraph: the Judiciary of the House of Representatives Committee on Immunization Practices. ‘‘(2) Medical examiners shall educate aliens ‘‘(9) UNCERTIFIED FOREIGN HEALTH-CARE and of the Senate, the Committee on National on the importance of immunizations and shall WORKERS.—(A) Any alien who seeks to enter the Security of the House of Representatives, and create an immunization record for the alien at United States for the purpose of performing the Committee on Armed Services of the Senate, the time of examination. labor as a health-care worker, other than a on the feasibility of using military bases closed ‘‘(3)(A) Each alien who has not been vac- physician, is excludable unless the alien pre- through the defense base realignment and clo- cinated against measles, and each alien under sents to the consular officer, or, in the case of sure process as detention centers by the Immi- the age of 5 years who has not been vaccinated an adjustment of status, the Attorney General, gration and Naturalization Service. against polio, must receive such vaccination, a certificate from the Commission on Graduates SEC. 154. PHYSICAL AND MENTAL EXAMINATIONS. unless waived by the Secretary, and must re- of Foreign Nursing Schools, or a certificate from Section 234 (8 U.S.C. 1224) is amended to read ceive any other vaccination determined nec- an equivalent independent credentialing organi- as follows: essary by the Secretary prior to arrival in the zation approved by the Attorney General in con- ‘‘PHYSICAL AND MENTAL EXAMINATIONS United States. sultation with the Secretary of Health and ‘‘SEC. 234. (a) ALIENS COVERED.—Each alien ‘‘(B) Aliens who have not received the entire Human Services, verifying that— within any of the following classes of aliens series of vaccinations prescribed in paragraph ‘‘(i) the alien’s education, training, license, who is seeking entry into the United States shall (1) (other than measles) shall return to a des- and experience— undergo a physical and mental examination in ignated civil surgeon within 30 days of arrival ‘‘(I) meet all applicable statutory and regu- accordance with this section: in the United States, or within 30 days of ad- latory requirements for entry into the United ‘‘(1) Aliens applying for visas for admission to justment of status, for the remainder of the vac- States under the classification specified in the the United States for permanent residence. cinations. application; ‘‘(2) Aliens seeking admission to the United ‘‘(f) APPEAL OF MEDICAL EXAMINATION FIND- ‘‘(II) are comparable with that required for an States for permanent residence for whom exami- INGS.—Any alien determined to have a health- American health-care worker of the same type; nations were not made under paragraph (1). related grounds of exclusion under paragraph and ‘‘(3) Aliens within the United States seeking (1) of section 212(a) may appeal that determina- ‘‘(III) are authentic and, in the case of a li- adjustment of status under section 245 to that of tion to a board of medical officers of the Public cense, unencumbered; aliens lawfully admitted to the United States for Health Service, which shall be convened by the ‘‘(ii) the alien has the level of competence in permanent residence. Secretary. The alien may introduce at least one oral and written English considered by the Sec- ‘‘(4) Alien crewmen entering or in transit expert medical witness before the board at his or retary of Health and Human Services, in con- across the United States. her own cost and expense. sultation with the Secretary of Education, to be ‘‘(b) DESCRIPTION OF EXAMINATION.—(1) Each ‘‘(g) FUNDING.—(1)(A) The Attorney General appropriate for health care work of the kind in examination required by subsection (a) shall in- shall impose a fee upon any person applying for which the alien will be engaged, as shown by an clude— adjustment of status to that of an alien lawfully appropriate score on one or more nationally rec- ‘‘(A) an examination of the alien for any admitted to permanent residence under section ognized, commercially available, standardized physical or mental defect or disease and a cer- 209, 210, 245, or 245A, and the Secretary of State assessments of the applicant’s ability to speak tification of medical findings made in accord- shall impose a fee upon any person applying for and write; and ance with subsection (d); and a visa at a United States consulate abroad who ‘‘(iii) if a majority of States licensing the pro- ‘‘(B) an assessment of the vaccination record is required to have a medical examination in ac- fession in which the alien intends to work recog- of the alien in accordance with subsection (e). cordance with subsection (a). nize a test predicting the success on the profes- ‘‘(2) The Secretary of Health and Human ‘‘(B) The amounts of the fees required by sub- sion’s licensing and certification examination, Services shall prescribe such regulations as may paragraph (A) shall be established by the Sec- the alien has passed such a test. be necessary to carry out the medical examina- retary, in consultation with the Attorney Gen- ‘‘(B) For purposes of subparagraph (A)(ii), de- tions required by subsection (a). eral and the Secretary of State, as the case may termination of the standardized tests required ‘‘(c) MEDICAL EXAMINERS.— be, and shall be set at such amounts as may be and of the minimum scores that are appropriate ‘‘(1) MEDICAL OFFICERS.—(A) Except as pro- necessary to recover the full costs of establishing are within the sole discretion of the Secretary of vided in paragraphs (2) and (3), examinations and administering the civil surgeon and panel Health and Human Services and are not subject under this section shall be conducted by medical physician programs, including the costs to the to further administrative or judicial review.’’. officers of the United States Public Health Serv- Service, the Department of State, and the De- (b) CONFORMING AMENDMENTS.— ices. partment of Health and Human Services for any (1) Section 101(f)(3) is amended by striking ‘‘(B) Medical officers of the United States additional expenditures associated with the ad- ‘‘(9)(A) of section 212(a)’’ and inserting ‘‘(10)(A) Public Health Service who have had specialized ministration of the fees collected. of section 212(a)’’.

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(2) Section 212(c) is amended by striking PART 5—CRIMINAL ALIENS (c) APPLICATION TO WITHHOLDING OF DEPOR- ‘‘(9)(C)’’ and inserting ‘‘(10)(C)’’. SEC. 161. AMENDED DEFINITION OF AGGRAVATED TATION.—Section 243(h) (8 U.S.C. 1253(h)), as SEC. 156. INCREASED BAR TO REENTRY FOR FELONY. amended by section 159 of this Act, is further ALIENS PREVIOUSLY REMOVED. (a) IN GENERAL.—Section 101(a)(43) (8 U.S.C. amended in paragraph (2) by striking the last (a) IN GENERAL.—Section 212(a)(6) (8 U.S.C. 1101(a)(43)) is amended— sentence and inserting the following: ‘‘For pur- 1182(a)(6)) is amended— (1) in subparagraph (D), by striking poses of subparagraph (B), an alien shall be (1) in subparagraph (A)— ‘‘$100,000’’ and inserting ‘‘$10,000’’; considered to have committed a particularly se- (A) by striking ‘‘one year’’ and inserting ‘‘five (2) in subparagraphs (F), (G), and (O), by rious crime if such alien has been convicted of years’’; and striking ‘‘is at least 5 years’’ each place it ap- one or more of the following: (B) by inserting ‘‘, or within 20 years of the pears and inserting ‘‘at least one year’’; ‘‘(1) An aggravated felony, or attempt or con- date of any second or subsequent deportation,’’ (3) in subparagraph (J)— spiracy to commit an aggravated felony, for after ‘‘deportation’’; (A) by striking ‘‘sentence of 5 years’ imprison- which the term of imprisonment imposed (re- (2) in subparagraph (B)— gardless of any suspension of imprisonment) is (A) by redesignating clauses (ii), (iii), and (iv) ment’’ and inserting ‘‘sentence of one year im- prisonment’’; and at least one year. as clauses (iii), (iv), and (v), respectively; ‘‘(2) An offense described in subparagraph (B) by inserting after clause (i) the following (B) by striking ‘‘offense described’’ and insert- ing ‘‘offense described in section 1084 of title 18 (A), (B), (C), (E), (H), (I), (J), (L), or subpara- new clause; graph (K)(ii), of section 101(a)(43), or an at- ‘‘(ii) has departed the United States while an (if it is a second or subsequent offense), section 1955 of such title (relating to gambling offenses), tempt or conspiracy to commit an offense de- order of deportation is outstanding,’’; scribed in one or more of such subparagraphs.’’. (C) by striking ‘‘or’’ after ‘‘removal,’’; and or’’; (D) by inserting ‘‘or (c) who seeks admission (4) in subparagraph (K)— SEC. 162. INELIGIBILITY OF AGGRAVATED FEL- within 20 years of a second or subsequent depor- (A) by striking ‘‘or’’ at the end of clause (i); ONS FOR ADJUSTMENT OF STATUS. tation or removal,’’ after ‘‘felony,’’. (B) by adding ‘‘or’’ at the end of clause (ii); Section 244(c) (8 U.S.C. 1254(c)), as amended (b) REENTRY OF DEPORTED ALIEN.—Section and by section 150 of this Act, is further amended by 276(a)(1) (8 U.S.C. 1326(a)(1)) is amended to read (C) by adding at the end the following new adding at the end the following new sentence: as follows: clause: ‘‘No person who has been convicted of an aggra- ‘‘(1) has been arrested and deported, has been ‘‘(iii) is described in section 2421, 2422, or 2423 vated felony shall be eligible for relief under this excluded and deported, or has departed the of title 18, United States Code (relating to trans- subsection.’’. United States while an order of exclusion or de- portation for the purpose of prostitution), if SEC. 163. EXPEDITIOUS DEPORTATION CREATES portation is outstanding, and thereafter’’. committed for commercial advantage.’’; NO ENFORCEABLE RIGHT FOR AG- GRAVATED FELONS. SEC. 157. ELIMINATION OF CONSULATE SHOP- (5) in subparagraph (L)— Section 225 of the Immigration and Nation- PING FOR VISA OVERSTAYS. (A) by striking ‘‘or’’ at the end of clause (i); ality Technical Corrections Act of 1994 (Public (a) IN GENERAL.—Section 222 (8 U.S.C. 1202) is (B) by inserting ‘‘or’’ at the end of clause (ii); Law 103–416) is amended by striking ‘‘section amended by adding at the end the following and 242(i) of the Immigration and Nationality Act (8 new subsection: (C) by adding at the end the following new U.S.C. 1252(i))’’ and inserting ‘‘sections 242(i) or ‘‘(g)(1) In the case of an alien who has en- clause: 242A of the Immigration and Nationality Act (8 tered and remained in the United States beyond ‘‘(iii) section 601 of the National Security Act U.S.C. 1252(i) or 1252a)’’. the authorized period of stay, the alien’s non- of 1947 (relating to protecting the identity of un- immigrant visa shall thereafter be invalid for re- dercover agents)’’; SEC. 164. CUSTODY OF ALIENS CONVICTED OF AG- GRAVATED FELONIES. entry into the United States. (6) in subparagraph (M), by striking (a) EXCLUSION AND DEPORTATION.—Section ‘‘(2) An alien described in paragraph (1) shall ‘‘$200,000’’ each place it appears and inserting 236 (8 U.S.C. 1226) is amended in subsection be ineligible to be readmitted to the United ‘‘$10,000’’; (e)(2) by inserting after ‘‘unless’’ the following: States as a nonimmigrant subsequent to the ex- (7) in subparagraph (N)— ‘‘(A) the Attorney General determines, pursuant piration of the alien’s authorized period of stay, (A) by striking ‘‘of title 18, United States to section 3521 of title 18, United States Code, except— Code’’; and that release from custody is necessary to provide ‘‘(A) on the basis of a visa issued in a con- (B) by striking ‘‘for the purpose of commercial protection to a witness, a potential witness, a sular office located in the country of the alien’s advantage’’ and inserting the following: ‘‘, ex- person cooperating with an investigation into nationality (or, if there is no office in such cept, for a first offense, if the alien has affirma- major criminal activity, or an immediate family country, in such other consular office as the tively shown that the alien committed the of- member or close associate of a witness, potential Secretary of State shall specify); or fense for the purpose of assisting, abetting, or witness, or person cooperating with such an in- ‘‘(B) where extraordinary circumstances are aiding only the alien’s spouse, child, or parent vestigation, and that after such release the alien found by the Secretary of State to exist.’’. (and no other individual) to violate a provision (b) EFFECTIVE DATE.—The amendment made would not be a threat to the community, or of this Act’’; by this section shall apply to visas issued before, (B)’’. (8) in subparagraph (O), by striking ‘‘which on, or after the date of the enactment of this (b) CUSTODY UPON RELEASE FROM INCARCER- constitutes’’ and all that follows up to the semi- Act. ATION.—Section 242(a)(2) (8 U.S.C. 1252(a)(2)) is colon at the end and inserting the following: ‘‘, amended to read as follows: SEC. 158. INCITEMENT AS A BASIS FOR EXCLU- except, for a first offense, if the alien has af- SION FROM THE UNITED STATES. ‘‘(2)(A) The Attorney General shall take into firmatively shown that the alien committed the Section 212(a)(3)(B) of the Immigration and custody any specially deportable criminal alien offense for the purpose of assisting, abetting, or Nationality Act (8 U.S.C. 1182(a)(3)(B)), is upon release of the alien from incarceration and aiding only the alien’s spouse, child, or parent amended— shall deport the alien as expeditiously as pos- (1) by striking ‘‘or’’ at the end of clause (i)(I); (and no other individual) to violate a provision sible. Notwithstanding any other provision of (2) in clause (i)(II), by inserting ‘‘or’’ at the of this Act’’; law, the Attorney General shall not release such end; and (9) by redesignating subparagraphs (P) and felon from custody. (3) by inserting after clause (i)(II) the fol- (Q) as subparagraphs (R) and (S), respectively; ‘‘(B) The Attorney General shall have sole lowing new subclause: (10) by inserting after subparagraph (O) the and unreviewable discretion to waive subpara- ‘‘(III) has, under circumstances indicating an following new subparagraphs: graph (A) for aliens who are cooperating with intention to cause death or serious bodily harm, ‘‘(P) any offense relating to commercial brib- law enforcement authorities or for purposes of incited terrorism, engaged in targeted racial vili- ery, counterfeiting, forgery, or trafficking in ve- national security.’’. fication, or advocated the overthrow of the hicles whose identification numbers have been (c) PERIOD IN WHICH TO EFFECT ALIEN’S DE- United States Government or death or serious altered for which the term of imprisonment im- PARTURE.—Section 242(c) is amended— bodily harm to any United States citizen or posed (regardless of any suspension of imprison- (1) in the first sentence— United States Government official,’’. ment) is at least one year; (A) by striking ‘‘(c)’’ and inserting ‘‘(c)(1)’’; SEC. 159. CONFORMING AMENDMENT TO WITH- ‘‘(Q) any offense relating to perjury or sub- and HOLDING OF DEPORTATION. ornation of perjury for which the term of impris- (B) by inserting ‘‘(other than an alien de- Section 243(h) (8 U.S.C. 1253(h)) is amended onment imposed (regardless of any suspension of scribed in paragraph (2))’’; and by adding at the end the following new para- imprisonment) is at least one year;’’ and (2) by adding at the end the following new graph: (11) in subparagraph (R) (as redesignated), by paragraphs: ‘‘(3) The Attorney General may refrain from striking ‘‘15’’ and inserting ‘‘5’’. ‘‘(2)(A) When a final order of deportation is deporting any alien if the Attorney General de- (b) EFFECTIVE DATE OF DEFINITION.—Section made against any specially deportable criminal termines that— 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended by alien, the Attorney General shall have a period ‘‘(A) such alien’s life or freedom would be adding at the end the following new sentence: of 30 days from the later of— threatened, in the country to which such alien ‘‘Notwithstanding any other provision of law, ‘‘(i) the date of such order, or would be deported or returned, on account of the term applies regardless of whether the con- ‘‘(ii) the alien’s release from incarceration, race, religion, nationality, membership in a par- viction was entered before, on, or after the date within which to effect the alien’s departure ticular social group, or political opinion, and of enactment of this paragraph, except that, for from the United States. ‘‘(B) deporting such alien would violate the purposes of section 242(f)(2), the term has the ‘‘(B) The Attorney General shall have sole 1967 United Nations Protocol relating to the Sta- same meaning as was in effect under this para- and unreviewable discretion to waive subpara- tus of Refugees.’’. graph on the date the offense was committed.’’. graph (A) for aliens who are cooperating with

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4745 law enforcement authorities or for purposes of concurrence of the Commissioner, may, pursu- (9) Section 242B(e)(2)(A) is amended by strik- national security. ant to Federal Rule of Criminal Procedure 11, ing ‘‘section 242(b)(1)’’ and inserting ‘‘section ‘‘(3) Nothing in this subsection shall be con- enter into a plea agreement which calls for the 242(b)(4)’’. strued as providing a right enforceable by or on alien, who is deportable under this Act, to waive (10) Section 242B(e)(5)(A) is amended by strik- behalf of any alien to be released from custody the right to notice and a hearing under this sec- ing ‘‘section 242(b)(1)’’ and inserting ‘‘section or to challenge the alien’s deportation.’’. tion, and stipulate to the entry of a judicial 242(b)(4)’’. (d) CRIMINAL PENALTY FOR UNLAWFUL RE- order of deportation from the United States as a SEC. 167. DEPORTATION AS A CONDITION OF ENTRY.—Section 242(f) of the Immigration and condition of the plea agreement or as a condi- PROBATION. Nationality Act (8 U.S.C. 1252(f)) is amended— tion of probation or supervised release, or both. Section 3563(b) of title 18, United States Code, (1) by inserting ‘‘(1)’’ immediately after ‘‘(f)’’; The United States District Court, in both felony is amended— and and misdemeanor cases, and the United States (1) by striking ‘‘or’’ at the end of paragraph (2) by adding at the end the following new Magistrate Court in misdemeanors cases, may (21); paragraph: accept such a stipulation and shall have juris- (2) by striking the period at the end of para- ‘‘(2) Any alien who has unlawfully reentered diction to enter a judicial order of deportation graph (22) and inserting ‘‘; or’’; and or is found in the United States after having pursuant to the terms of such stipulation.’’. (3) by adding at the end the following new previously been deported subsequent to a con- (b) CONFORMING AMENDMENTS.—(1) Section paragraph: viction for any criminal offense covered in sec- 512 of the Immigration Act of 1990 is amended by ‘‘(23) be ordered deported by a United States tion 241(a)(2) (A)(iii), (B), (C), or (D), or two or striking ‘‘242A(d)’’ and inserting ‘‘242A(c)’’. District Court, or United States Magistrate more offenses described in clause (ii) of section (2) Section 130007(a) of the Violent Crime Con- Court, pursuant to a stipulation entered into by 241(a)(2)(A), at least two of which resulted in a trol and Law Enforcement Act of 1994 (Public the defendant and the United States under sec- Law 103-322) is amended by striking ‘‘242A(d)’’ sentence or confinement described in section tion 242A(c) of the Immigration and Nationality and inserting ‘‘242A(c)’’. 241(a)(2)(A)(i)(II), shall, in addition to the pun- Act (8 U.S.C. 1252a(c)), except that, in the ab- ishment provided for any other crime, be pun- SEC. 166. STIPULATED EXCLUSION OR DEPORTA- sence of a stipulation, the United States District TION. ished by imprisonment of not less than 15 Court or the United States Magistrate Court, (a) EXCLUSION AND DEPORTATION.—Section years.’’. may order deportation as a condition of proba- 236 (8 U.S.C. 1226) is amended by adding at the (e) DEFINITION.—Section 242 (8 U.S.C. 1252) is end the following new subsection: tion, if, after notice and hearing pursuant to amended by adding at the end the following ‘‘(f) The Attorney General shall provide by section 242A(c) of the Immigration and Nation- new subsection: regulation for the entry by a special inquiry of- ality Act, the Attorney General demonstrates by ‘‘(k) For purposes of this section, the term ficer of an order of exclusion and deportation clear and convincing evidence that the alien is ‘specially deportable criminal alien’ means any stipulated to by the alien and the Service. Such deportable.’’. alien convicted of an offense described in sub- an order may be entered without a personal ap- SEC. 168. ANNUAL REPORT ON CRIMINAL ALIENS. paragraph (A)(iii), (B), (C), or (D) of section pearance by the alien before the special inquiry Not later than 12 months after the date of the 241(a)(2), or two or more offenses described in officer. A stipulated order shall constitute a enactment of this Act, and annually thereafter, section 241(a)(2)(A)(ii), at least two of which re- conclusive determination of the alien’s exclud- the Attorney General shall submit to the Com- sulted in a sentence or confinement described in ability and deportability from the United mittees on the Judiciary of the House of Rep- section 241(a)(2)(A)(i)(II).’’. States.’’. resentatives and of the Senate a report detail- SEC. 165. JUDICIAL DEPORTATION. (b) APPREHENSION AND DEPORTATION.—Sec- ing— (a) IN GENERAL.—Section 242A (8 U.S.C. tion 242 (8 U.S.C. 1252) is amended in subsection (1) the number of illegal aliens incarcerated in 1252a(d)) is amended— (b)— Federal and State prisons for having committed (1) by redesignating subsection (d) as sub- (1) by redesignating paragraphs (1), (2), (3), felonies, stating the number incarcerated for section (c); and and (4) as subparagraphs (A), (B), (C), and (D), each type of offense; (2) in subsection (c), as redesignated— respectively; (2) the number of illegal aliens convicted for (A) by striking paragraph (1) and inserting (2) by inserting ‘‘(1)’’ immediately after ‘‘(b)’’; felonies in any Federal or State court, but not the following: (3) by striking the sentence beginning with sentenced to incarceration, in the year before ‘‘Except as provided in section 242A(d)’’ and in- ‘‘(1) AUTHORITY.—Notwithstanding any other the report was submitted, stating the number serting the following: provision of this Act, a United States district convicted for each type of offense; ‘‘(2) The Attorney General shall further pro- court shall have jurisdiction to enter a judicial (3) programs and plans underway in the De- order of deportation at the time of sentencing vide by regulation for the entry by a special in- quiry officer of an order of deportation stipu- partment of Justice to ensure the prompt re- against an alien— lated to by the alien and the Service. Such an moval from the United States of criminal aliens ‘‘(A) whose criminal conviction causes such order may be entered without a personal ap- subject to exclusion or deportation; and alien to be deportable under section pearance by the alien before the special inquiry (4) methods for identifying and preventing the 241(a)(2)(A)(iii) (relating to conviction of an ag- officer. A stipulated order shall constitute a unlawful reentry of aliens who have been con- gravated felony); conclusive determination of the alien’s deport- victed of criminal offenses in the United States ‘‘(B) who has at any time been convicted of a ability from the United States. and removed from the United States. violation of section 276 (a) or (b) (relating to re- ‘‘(3) The procedures prescribed in this sub- SEC. 169. UNDERCOVER INVESTIGATION AUTHOR- entry of a deported alien); section and in section 242A(c) shall be the sole ITY. ‘‘(C) who has at any time been convicted of a and exclusive procedures for determining the de- (a) AUTHORITIES.—(1) In order to conduct any violation of section 275 (relating to entry of an portability of an alien.’’; and undercover investigative operation of the Immi- alien at an improper time or place and to mis- (4) by redesignating the tenth sentence as gration and Naturalization Service which is representation and concealment of facts); or paragraph (4); and necessary for the detection and prosecution of ‘‘(D) who is otherwise deportable pursuant to (5) by redesignating the eleventh and twelfth crimes against the United States, the Service is any of the paragraphs (1) through (5) of section sentences as paragraph (5). authorized— 241(a). (c) CONFORMING AMENDMENTS.—(1) Section (A) to lease space within the United States, A United States Magistrate shall have jurisdic- 106(a) is amended by striking ‘‘section 242(b)’’ the District of Columbia, and the territories and tion to enter a judicial order of deportation at and inserting ‘‘section 242(b)(1)’’. possessions of the United States without regard the time of sentencing where the alien has been (2) Section 212(a)(6)(B)(iv) is amended by to section 3679(a) of the Revised Statutes (31 convicted of a misdemeanor offense and the striking ‘‘section 242(b)’’ and inserting ‘‘section U.S.C. 1341), section 3732(a) of the Revised Stat- alien is deportable under this Act.’’; and 242(b)(1)’’. utes (41 U.S.C. 11(a)), section 305 of the Act of (B) by adding at the end the following new (3) Section 242(a)(1) is amended by striking June 30, 1949 (63 Stat. 396; 41 U.S.C. 255), the ‘‘subsection (b)’’ and inserting ‘‘subsection paragraphs: third undesignated paragraph under the head- (b)(1)’’. ‘‘(5) STATE COURT FINDING OF DEPORT- ing ‘‘Miscellaneous’’ of the Act of March 3, 1877 (4) Section 242A(b)(1) is amended by striking ABILITY.—(A) On motion of the prosecution or ‘‘section 242(b)’’ and inserting ‘‘section (19 Stat. 370; 40 U.S.C. 34), section 3648 of the on the court’s own motion, any State court with 242(b)(1)’’. Revised Statutes (31 U.S.C. 3324), section 3741 of jurisdiction to enter judgments in criminal cases (5) Section 242A(c)(2)(D)(ii), as redesignated the Revised Statutes (41 U.S.C. 22), and sub- is authorized to make a finding that the defend- by section 165 of this Act, is amended by striking sections (a) and (c) of section 304 of the Federal ant is deportable as a specially deportable crimi- ‘‘section 242(b)’’ and inserting ‘‘section Property and Administrative Services Act of 1949 nal alien (as defined in section 242(k)). 242(b)(1)’’. (63 Stat. 395; 41 U.S.C. 254 (a) and (c)); ‘‘(B) The finding of deportability under sub- (6) Section 4113(a) of title 18, United States (B) to establish or to acquire proprietary cor- paragraph (A), when incorporated in a final Code, is amended by striking ‘‘section 1252(b)’’ porations or business entities as part of an un- judgment of conviction, shall for all purposes be and inserting ‘‘section 1252(b)(1)’’. dercover operation, and to operate such cor- conclusive on the alien and may not be reexam- (7) Section 1821(e) of title 28, United States porations or business entities on a commercial ined by any agency or court, whether by habeas Code, is amended by striking ‘‘section 242(b) of basis, without regard to the provisions of section corpus or otherwise. The court shall notify the such Act (8 U.S.C. 1252(b))’’ and inserting ‘‘sec- 304 of the Government Corporation Control Act Attorney General of any finding of deport- tion 242(b)(1) of such Act (8 U.S.C. 1252(b)(1))’’. (31 U.S.C. 9102); ability. (8) Section 242B(c)(1) is amended by striking (C) to deposit funds, including the proceeds ‘‘(6) STIPULATED JUDICIAL ORDER OF DEPORTA- ‘‘section 242(b)(1)’’ and inserting ‘‘section from such undercover operation, in banks or TION.—The United States Attorney, with the 242(b)(4)’’. other financial institutions without regard to

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4746 CONGRESSIONAL RECORD — SENATE May 6, 1996 the provisions of section 648 of title 18 of the (C) to eliminate any requirement of prisoner (3) the number of aliens described in para- United States Code, and section 3639 of the Re- consent to such a transfer, and graph (2) who have been incarcerated in full vised Statutes (31 U.S.C. 3302); and (D) to allow the Federal Government or the compliance with the treaties; (D) to use the proceeds from such undercover States to keep their original prison sentences in (4) the number of aliens who are incarcerated operations to offset necessary and reasonable force so that transferred prisoners who return to in a penal institution in the United States who expenses incurred in such operations without the United States prior to the completion of are eligible for transfer pursuant to the treaties; regard to the provisions of section 3617 of the their original United States sentences can be re- and Revised Statutes (31 U.S.C. 3302). turned to custody for the balance of their pris- (5) the number of aliens described in para- (2) The authorization set forth in paragraph ons sentences; graph (4) who are incarcerated in Federal, (1) may be exercised only upon written certifi- (2) the Secretary of State should give priority State, and local penal institutions in the United cation of the Commissioner of the Immigration to concluding an agreement with any country States. and Naturalization Service, in consultation with for which the President determines that the (c) RECOMMENDATIONS.—The report under the Deputy Attorney General, that any action number of aliens described in subsection (a) who subsection (a) shall include the recommenda- authorized by paragraph (1) (A), (B), (C), or (D) are nationals of that country in the United tions of the Secretary of State and the Attorney is necessary for the conduct of such undercover States represents a significant percentage of all General to increase the effectiveness and use of, operation. such aliens in the United States; and and full compliance with, the treaties. In con- (b) UNUSED FUNDS.—As soon as practicable (3) no new treaty providing for the transfer of sidering the recommendations under this sub- after the proceeds from an undercover investiga- aliens from Federal, State, or local incarceration section, the Secretary and the Attorney General tive operation, carried out under paragraph (1) facilities to a foreign incarceration facility shall consult with such State and local officials (C) or (D) of subsection (a), are no longer nec- should permit the alien to refuse the transfer. in areas disproportionately impacted by aliens (c) PRISONER CONSENT.—Notwithstanding any essary for the conduct of such operation, such convicted of criminal offenses as the Secretary other provision of law, except as required by proceeds or the balance of such proceeds re- and the Attorney General consider appropriate. treaty, the transfer of an alien from a Federal, maining at the time shall be deposited into the Such recommendations shall address— State, or local incarceration facility under an Treasury of the United States as miscellaneous (1) changes in Federal laws, regulations, and agreement of the type referred to in subsection receipts. policies affecting the identification, prosecution, (a) shall not require consent of the alien. (c) REPORT.—If a corporation or business enti- and deportation of aliens who have committed (d) ANNUAL REPORT.—Not later than 90 days ty established or acquired as part of an under- after the date of the enactment of this Act, and criminal offenses in the United States; cover operation under subsection (a)(1)(B) with annually thereafter, the Attorney General shall (2) changes in State and local laws, regula- a net value of over $50,000 is to be liquidated, submit a report to the Committees on the Judici- tions, and policies affecting the identification, sold, or otherwise disposed of, the Immigration ary of the House of Representatives and of the prosecution, and deportation of aliens who have and Naturalization Service, as much in advance Senate stating whether each prisoner transfer committed a criminal offense in the United as the Commissioner or his or her designee de- treaty to which the United States is a party has States; termine practicable, shall report the cir- (3) changes in the treaties that may be nec- been effective in the preceding 12 months in cumstances to the Attorney General, the Direc- essary to increase the number of aliens con- bringing about the return of deportable incar- tor of the Office of Management and Budget, victed of criminal offenses who may be trans- cerated aliens to the country of which they are and the Comptroller General of the United ferred pursuant to the treaties; nationals and in ensuring that they serve the States. The proceeds of the liquidation, sale, or (4) methods for preventing the unlawful re- balance of their sentences. other disposition, after obligations are met, shall entry into the United States of aliens who have (e) TRAINING FOREIGN LAW ENFORCEMENT be deposited in the Treasury of the United been convicted of criminal offenses in the PERSONNEL.—(1) Subject to paragraph (2), the States as miscellaneous receipts. President shall direct the Border Patrol Acad- United States and transferred pursuant to the (d) AUDITS.—The Immigration and Natu- emy and the Customs Service Academy to enroll treaties; ralization Service shall conduct detailed finan- for training an appropriate number of foreign (5) any recommendations by appropriate offi- cial audits of closed undercover operations on a law enforcement personnel, and shall make ap- cials of the appropriate government agencies of quarterly basis and shall report the results of pointments of foreign law enforcement personnel such countries regarding programs to achieve the audits in writing to the Deputy Attorney to such academies, as necessary to further the the goals of, and ensure full compliance with, General. following United States law enforcement goals: the treaties; SEC. 170. PRISONER TRANSFER TREATIES. (A) prevention of drug smuggling and other (6) whether the recommendations under this (a) NEGOTIATIONS WITH OTHER COUNTRIES.— cross-border criminal activity; subsection require the renegotiation of the trea- (1) Congress advises the President to begin to (B) preventing illegal immigration; and ties; and negotiate and renegotiate, not later than 90 (C) preventing the illegal entry of goods into (7) the additional funds required to implement days after the date of enactment of this Act, bi- the United States (including goods the sale of each recommendation under this subsection. lateral prisoner transfer treaties, providing for which is illegal in the United States, the entry SEC. 170B. USING ALIEN FOR IMMORAL PUR- the incarceration, in the country of the alien’s of which would cause a quota to be exceeded, or POSES, FILING REQUIREMENT. nationality, of any alien who— which have not paid the appropriate duty or Section 2424 of title 18, United States Code, is (A) is a national of a country that is party to tariff). amended— such a treaty; and (2) The appointments described in paragraph (1) in the first undesignated paragraph of sub- (B) has been convicted of a criminal offense (1) shall be made only to the extent there is ca- section (a)— under Federal or State law and who— pacity in such academies beyond what is re- (A) by striking ‘‘alien’’ each place it appears; (i) is not in lawful immigration status in the quired to train United States citizens needed in (B) by inserting after ‘‘individual’’ the first United States, or the Border Patrol and Customs Service, and place it appears the following: ‘‘, knowing or in (ii) on the basis of conviction for a criminal only of personnel from a country with which reckless disregard of the fact that the individual offense under Federal or State law, or on any the prisoner transfer treaty has been stated to is an alien’’; and other basis, is subject to deportation under the be effective in the most recent report referred to (C) by striking ‘‘within three years after that Immigration and Nationality Act, in subsection (d). individual has entered the United States from for the duration of the prison term to which the (f) AUTHORIZATION OF APPROPRIATIONS.— any country, party to the arrangement adopted alien was sentenced for the offense referred to There are authorized to be appropriated such July 25, 1902, for the suppression of the white- in subparagraph (B). Any such agreement may sums as may be necessary to carry out this sec- slave traffic’’; provide for the release of such alien pursuant to tion. (2) in the second undesignated paragraph of parole procedures of that country. SEC. 170A. PRISONER TRANSFER TREATIES subsection (a)— (2) In entering into negotiations under para- STUDY. (A) by striking ‘‘thirty’’ and inserting ‘‘five graph (1), the President may consider providing (a) REPORT TO CONGRESS.—Not later than 180 business’’; and for appropriate compensation, subject to the days after the date of the enactment of this Act, (B) by striking ‘‘within three years after that availability of appropriations, in cases where the Secretary of State and the Attorney General individual has entered the United States from the United States is able to independently verify shall submit to the Congress a report that de- any country, party to the said arrangement for the adequacy of the sites where aliens will be scribes the use and effectiveness of the prisoner the suppression of the white-slave traffic,’’; imprisoned and the length of time the alien is transfer treaties with the three countries with (3) in the text following the third undesig- actually incarcerated in the foreign country the greatest number of their nationals incarcer- nated paragraph of subsection (a), by striking under such a treaty. ated in the United States in removing from the ‘‘two’’ and inserting ‘‘10’’; and (b) SENSE OF CONGRESS.—It is the sense of the United States such incarcerated nationals. (4) in subsection (b), before the period at the Congress that— (b) USE OF TREATY.—The report under sub- end of the second sentence, by inserting ‘‘, or for (1) the focus of negotiations for such agree- section (a) shall include— enforcement of the provisions of section 274A of ments should be— (1) the number of aliens convicted of a crimi- the Immigration and Nationality Act’’. (A) to expedite the transfer of aliens unlaw- nal offense in the United States since November SEC. 170C. TECHNICAL CORRECTIONS TO VIO- fully in the United States who are (or are about 30, 1977, who would have been or are eligible for LENT CRIME CONTROL ACT AND to be) incarcerated in United States prisons, transfer pursuant to the treaties; TECHNICAL CORRECTIONS ACT. (B) to ensure that a transferred prisoner (2) the number of aliens described in para- (a) IN GENERAL.—The second subsection (i) of serves the balance of the sentence imposed by graph (1) who have been transferred pursuant section 245 (as added by section 130003(c)(1) of the United States courts, to the treaties; the Violent Crime Control and Law Enforcement

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4747 Act of 1994; Public Law 103–322) is redesignated amended by adding at the end of subsection (a) ceased individual (whether or not such indi- as subsection (j) of such section. the following new sentence: ‘‘In the event the vidual is deceased as a result of a crime).’’. (b) CONFORMING AMENDMENT.—Section Attorney General determines that an actual or SEC. 176. RESCISSION OF LAWFUL PERMANENT 241(a)(2)(A)(i)(I) (8 U.S.C. 1251(a)(2)(A)(i)(I)) is imminent mass influx of aliens arriving off the RESIDENT STATUS. amended by striking ‘‘section 245(i)’’ and insert- coast of the United States, or near a land bor- Section 246(a) (8 U.S.C. 1256(a)) is amended— ing ‘‘section 245(j)’’. der, presents urgent circumstances requiring an (1) by inserting ‘‘(1)’’ immediately after ‘‘(a)’’; (c) DENIAL OF JUDICIAL ORDER.—(1) Section immediate Federal response, the Attorney Gen- and 242A(c)(4), as redesignated by section 165 of this eral may authorize any specially designated (2) by adding at the end the following new Act, is amended by striking ‘‘without a decision State or local law enforcement officer, with the sentence: ‘‘Nothing in this subsection requires on the merits’’. consent of the head of the department, agency, the Attorney General to rescind the alien’s sta- (2) The amendment made by this subsection or establishment under whose jurisdiction the tus prior to commencement of procedures to de- shall be effective as if originally included in sec- individual is serving, to perform or exercise any port the alien under section 242 or 242A, and an tion 223 of the Immigration and Nationality of the powers, privileges, or duties conferred or order of deportation issued by a special inquiry Technical Corrections Act of 1994 (Public Law imposed by this Act or regulations issued there- officer shall be sufficient to rescind the alien’s 103–416). under upon officers or employees of the Serv- status.’’. SEC. 170D. DEMONSTRATION PROJECT FOR IDEN- ice.’’. SEC. 177. COMMUNICATION BETWEEN FEDERAL, TIFICATION OF ILLEGAL ALIENS IN SEC. 172. AUTHORITY TO DETERMINE VISA PROC- STATE, AND LOCAL GOVERNMENT INCARCERATION FACILITY OF ANA- ESSING PROCEDURES. AGENCIES, AND THE IMMIGRATION HEIM, CALIFORNIA. AND NATURALIZATION SERVICE. Section 202(a)(1) (8 U.S.C. 1152(a)(1)) is (a) AUTHORITY.—The Attorney General is au- Notwithstanding any other provision of Fed- amended— thorized to conduct a project demonstrating the eral, State, or local law, no Federal, State, or (1) by inserting ‘‘(A)’’ after ‘‘NONDISCRIMINA- feasibility of identifying illegal aliens among local government entity shall prohibit, or in any TION.—’’; and way restrict, any government entity or any offi- those individuals who are incarcerated in local (2) by adding at the end the following: cial within its jurisdiction from sending to, or governmental prison facilities prior to arraign- ‘‘(B) Nothing in this paragraph shall be con- receiving from, the Immigration and Naturaliza- ment on criminal charges. strued to limit the authority of the Secretary of tion Service information regarding the immigra- (b) DESCRIPTION OF PROJECT.—The project au- State to determine the procedures for the proc- tion status, lawful or unlawful, of any person. thorized by subsection (a) shall include the de- essing of immigrant visa applications or the lo- tail to the city of Anaheim, California, of an cations where such applications will be proc- SEC. 178. AUTHORITY TO USE VOLUNTEERS. employee of the Immigration and Naturalization essed.’’. (a) ACCEPTANCE OF DONATED SERVICES.—Not- Service having expertise in the identification of withstanding any other provision of law, but illegal aliens for the purpose of training local SEC. 173. JOINT STUDY OF AUTOMATED DATA COLLECTION. subject to subsection (b), the Attorney General officials in the identification of such aliens. may accept, administer, and utilize gifts of serv- (a) STUDY.—The Attorney General, together (c) TERMINATION.—The authority of this sec- with the Secretary of State, the Secretary of Ag- ices from any person for the purpose of pro- tion shall cease to be effective 6 months after the riculture, the Secretary of the Treasury, and ap- viding administrative assistance to the Immigra- date of the enactment of this Act. propriate representatives of the air transport in- tion and Naturalization Service in administering (d) DEFINITION.—As used in this section, the dustry, shall jointly undertake a study to de- programs relating to naturalization, adjudica- term ‘‘illegal alien’’ means an alien in the tions at ports of entry, and removal of criminal United States who is not within any of the fol- velop a plan for making the transition to auto- mated data collection at ports of entry. aliens. Nothing in this section requires the At- lowing classes of aliens: torney General to accept the services of any per- (1) Aliens lawfully admitted for permanent (b) REPORT.—Nine months after the date of enactment of this Act, the Attorney General son. residence. (b) LIMITATION.—Such person may not admin- shall submit a report to the Committees on the (2) Nonimmigrant aliens described in section ister or score tests and may not adjudicate. 101(a)(15) of the Immigration and Nationality Judiciary of the Senate and the House of Rep- resentatives on the outcome of this joint initia- SEC. 179. AUTHORITY TO ACQUIRE FEDERAL Act. EQUIPMENT FOR BORDER. tive, noting specific areas of agreement and dis- (3) Refugees. In order to facilitate or improve the detection, agreement, and recommending further steps to (4) Asylees. interdiction, and reduction by the Immigration be taken, including any suggestions for legisla- (5) Parolees. and Naturalization Service of illegal immigra- tion. (6) Aliens having deportation withheld under tion into the United States, the Attorney Gen- section 243(h) of the Immigration and Nation- SEC. 174. AUTOMATED ENTRY-EXIT CONTROL SYS- eral is authorized to acquire and utilize any TEM. ality Act. Federal equipment (including, but not limited (7) Aliens having temporary residence status. Not later than 2 years after the date of the en- to, fixed-wing aircraft, helicopters, four-wheel PART 6—MISCELLANEOUS actment of this Act, the Attorney General shall drive vehicles, sedans, night vision goggles, develop an automated entry and exit control night vision scopes, and sensor units) deter- SEC. 171. IMMIGRATION EMERGENCY PROVI- system that will enable the Attorney General to SIONS. mined available for transfer to the Department identify, through on-line searching procedures, (a) REIMBURSEMENT OF FEDERAL AGENCIES of Justice by any other agency of the Federal lawfully admitted nonimmigrants who remain in FROM IMMIGRATION EMERGENCY FUND.—Section Government upon request of the Attorney Gen- the United States beyond the period authorized 404(b) (8 U.S.C. 1101 note) is amended— eral. by the Attorney General. (1) in paragraph (1)— SEC. 180. LIMITATION ON LEGALIZATION LITIGA- (A) after ‘‘paragraph (2)’’ by striking ‘‘and’’ SEC. 175. USE OF LEGALIZATION AND SPECIAL TION. AGRICULTURAL WORKER INFORMA- and inserting a comma, (a) LIMITATION ON COURT JURISDICTION.—Sec- TION. (B) by striking ‘‘State’’ and inserting ‘‘other tion 245A(f)(4) is amended by adding at the end (a) CONFIDENTIALITY OF INFORMATION.—Sec- Federal agencies and States’’, the following new subparagraph: tion 245A(c)(5) (8 U.S.C. 1255a(c)(5)) is amended (C) by inserting ‘‘, and for the costs associated ‘‘(C) JURISDICTION OF COURTS.—Notwith- with repatriation of aliens attempting to enter by striking ‘‘except that the Attorney General’’ standing any other provision of law, no court the United States illegally, whether appre- and inserting the following: ‘‘except that the At- shall have jurisdiction of any cause of action or hended within or outside the territorial sea of torney General shall provide information fur- claim by or on behalf of any person asserting an the United States’’ before ‘‘except’’, and nished under this section to a duly recognized interest under this section unless such person in (D) by adding at the end the following new law enforcement entity in connection with a fact filed an application under this section sentence: ‘‘The fund may be used for the costs criminal investigation or prosecution, when within the period specified by subsection (a)(1), of such repatriations without the requirement such information is requested in writing by such or attempted to file a complete application and for a determination by the President that an im- entity, or to an official coroner for purposes of application fee with an authorized legalization migration emergency exists.’’; and affirmatively identifying a deceased individual officer of the Immigration and Naturalization (2) in paragraph (2)(A)— (whether or not such individual is deceased as a Service but had the application and fee refused (A) by inserting ‘‘to Federal agencies pro- result of a crime) and’’. by that officer.’’. viding support to the Department of Justice or’’ (b) SPECIAL AGRICULTURAL WORKERS.—Sec- (b) EFFECTIVE DATE.—The amendment made after ‘‘available’’; and tion 210(b)(6)(C) (8 U.S.C. 1160(b)(6)(C)) is by this section shall be effective as if originally (B) by inserting a comma before ‘‘whenever’’. amended— included in section 201 of the Immigration Con- (b) VESSEL MOVEMENT CONTROLS.—Section 1 (1) by striking the period at the end of sub- trol and Financial Responsibility Act of 1986. paragraph (C) and inserting a comma; and of the Act of June 15, 1917 (50 U.S.C. 191) is SEC. 181. LIMITATION ON ADJUSTMENT OF STA- amended in the first sentence by inserting ‘‘or (2) by adding in full measure margin after TUS. whenever the Attorney General determines that subparagraph (C) the following: Section 245(c) (8 U.S.C. 1255(c)) is amended— an actual or anticipated mass migration of ‘‘except that the Attorney General shall provide (1) by striking ‘‘or (5)’’ and inserting ‘‘(5)’’; aliens en route to or arriving off the coast of the information furnished under this section to a and United States presents urgent circumstances re- duly recognized law enforcement entity in con- (2) by inserting before the period at the end quiring an immediate Federal response,’’ after nection with a criminal investigation or pros- the following: ‘‘; (6) any alien who seeks adjust- ‘‘United States,’’ the first place it appears. ecution, when such information is requested in ment of status as an employment-based immi- (c) DELEGATION OF IMMIGRATION ENFORCE- writing by such entity, or to an official coroner grant and is not in a lawful nonimmigrant sta- MENT AUTHORITY.—Section 103 (8 U.S.C. 1103) is for purposes of affirmatively identifying a de- tus; or (7) any alien who was employed while

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4748 CONGRESSIONAL RECORD — SENATE May 6, 1996 the alien was an unauthorized alien, as defined SEC. 184. ACCEPTANCE OF STATE SERVICES TO SEC. 185. ALIEN WITNESS COOPERATION. in section 274A(h)(3), or who has otherwise vio- CARRY OUT IMMIGRATION ENFORCE- Section 214(j)(1) of the Immigration and Na- lated the terms of a nonimmigrant visa’’. MENT. tionality Act (8 U.S.C. 1184(j)(1)) (relating to Section 287 (8 U.S.C. 1357) is amended by add- SEC. 182. REPORT ON DETENTION SPACE. numerical limitations on the number of aliens ing at the end the following: that may be provided visas as nonimmigrants (a) IN GENERAL.—Not later than one year ‘‘(g)(1) Notwithstanding section 1342 of title under section 101(a)(15)(5)(ii) of such Act) is after the date of the enactment of this Act, the 31, United States Code, the Attorney General amended— Attorney General shall submit a report to the may enter into a written agreement with a (1) by striking ‘‘100’’ and inserting ‘‘200’’; and Congress estimating the amount of detention State, or any political subdivision of a State, (2) by striking ‘‘25’’ and inserting ‘‘50’’. space that would be required on the date of en- pursuant to which an officer or employee of the actment of this Act, in 5 years, and in 10 years, State or subdivision, who is determined by the Subtitle B—Other Control Measures under various policies on the detention of Attorney General to be qualified to perform a PART 1—PAROLE AUTHORITY aliens, including but not limited to— function of an immigration officer in relation to SEC. 191. USABLE ONLY ON A CASE-BY-CASE (1) detaining all excludable or deportable the arrest or detention of aliens in the United BASIS FOR HUMANITARIAN REASONS aliens who may lawfully be detained; States (including the transportation of such OR SIGNIFICANT PUBLIC BENEFIT. (2) detaining all excludable or deportable aliens across State lines to detention centers), Section 212(d)(5)(A) (8 U.S.C. 1182(d)(5)) is aliens who previously have been excluded, been may carry out such function at the expense of amended by striking ‘‘for emergent reasons or deported, departed while an order of exclusion the State or political subdivision and to the ex- for reasons deemed strictly in the public inter- or deportation was outstanding, voluntarily de- tent consistent with State and local law. est’’ and inserting ‘‘on a case-by-case basis for parted under section 244, or voluntarily re- ‘‘(2) An agreement under this subsection shall urgent humanitarian reasons or significant pub- turned after being apprehended while violating require that an officer or employee of a State or lic benefit’’. political subdivision of a State performing a an immigration law of the United States; and SEC. 192. INCLUSION IN WORLDWIDE LEVEL OF (3) the current policy. function under the agreement shall have knowl- FAMILY-SPONSORED IMMIGRANTS. edge of, and adhere to, Federal law relating to (b) ESTIMATE OF NUMBER OF ALIENS RELEASED (a) IN GENERAL.—Section 201(c) (8 U.S.C. the function, and shall contain a written certifi- INTO THE COMMUNITY.—Such report shall also 1151(c)) is amended— cation that the officers or employees performing estimate the number of excludable or deportable (1) by amending paragraph (1)(A)(ii) to read the function under the agreement have received aliens who have been released into the commu- as follows: adequate training regarding the enforcement of nity in each of the 3 years prior to the date of ‘‘(ii) the sum of the number computed under relevant Federal immigration laws. enactment of this Act under circumstances that paragraph (2) and the number computed under ‘‘(3) In performing a function under this sub- the Attorney General believes justified detention paragraph (4), plus’’; and section, an officer or employee of a State or po- (for example, a significant probability that the (2) by adding at the end the following new litical subdivision of a State shall be subject to released alien would not appear, as agreed, at paragraphs: the direction and supervision of the Attorney subsequent exclusion or deportation pro- ‘‘(4) The number computed under this para- General. ceedings), but a lack of detention facilities re- ‘‘(4) In performing a function under this sub- graph for a fiscal year is the number of aliens quired release. section, an officer or employee of a State or po- who were paroled into the United States under SEC. 183. COMPENSATION OF IMMIGRATION litical subdivision of a State may use Federal section 212(d)(5) in the second preceding fiscal JUDGES. property or facilities, as provided in a written year and who did not depart from the United States within 365 days. (a) COMPENSATION.— agreement between the Attorney General and ‘‘(5) If any alien described in paragraph (4) is (1) IN GENERAL.—There shall be four levels of the State or subdivision. pay for special inquiry officers of the Depart- ‘‘(5) With respect to each officer or employee subsequently admitted as an alien lawfully ad- ment of Justice (in this section referred to as of a State or political subdivision who is author- mitted for permanent residence, such alien shall ‘‘immigration judges’’) under the Immigration ized to perform a function under this subsection, not again be considered for purposes of para- Judge Schedule (designated as IJ–1, IJ–2, IJ–3, the specific powers and duties that may be, or graph (1).’’. and IJ–4, respectively), and each such judge are required to be, exercised or performed by the (b) INCLUSION OF PAROLED ALIENS.—Section shall be paid at one of those levels, in accord- individual, the duration of the authority of the 202 (8 U.S.C. 1152) is amended by adding at the ance with the provisions of this subsection. individual, and the position of the agency of the end the following new subsection: ‘‘(f)(1) For purposes of subsection (a)(2), an (2) RATES OF PAY.—(A) The rates of basic pay Attorney General who is required to supervise immigrant visa shall be considered to have been for the levels established under paragraph (1) and direct the individual, shall be set forth in a made available in a fiscal year to any alien who shall be as follows: written agreement between the Attorney General is not an alien lawfully admitted for permanent IJ–1 ...... 70 percent of the next to and the State or political subdivision. ‘‘(6) The Attorney General may not accept a residence but who was paroled into the United highest rate of basic pay States under section 212(d)(5) in the second pre- for the Senior Executive service under this subsection if the service will Service. be used to displace any Federal employee. ceding fiscal year and who did not depart from IJ–2 ...... 80 percent of the next to ‘‘(7) Except as provided in paragraph (8), an the United States within 365 days. highest rate of basic pay officer or employee of a State or political sub- ‘‘(2) If any alien described in paragraph (1) is for the Senior Executive division of a State performing functions under subsequently admitted as an alien lawfully ad- Service. this subsection shall not be treated as a Federal mitted for permanent residence, an immigrant IJ–3 ...... 90 percent of the next to employee for any purpose other than for pur- visa shall not again be considered to have been highest rate of basic pay poses of chapter 81 of title 5, United States made available for purposes of subsection for the Senior Executive (a)(2).’’. Service. Code, (relating to compensation for injury) and IJ–4 ...... 92 percent of the next to sections 2671 through 2680 of title 28, United PART 2—ASYLUM States Code (relating to tort claims). highest rate of basic pay SEC. 193. TIME LIMITATION ON ASYLUM CLAIMS. ‘‘(8) An officer or employee of a State or polit- for the Senior Executive (a) Section 208(a) (8 U.S.C. 1158(a)) is amend- Service. ical subdivision of a State acting under color of ed— (B) Locality pay, where applicable, shall be authority under this subsection, or any agree- ment entered into under this subsection, shall be (1) by striking ‘‘The’’ and inserting the fol- calculated into the basic pay for immigration lowing: ‘‘(1) Except as provided in paragraph judges. considered to be acting under color of Federal authority for purposes of determining the liabil- (2), the’’; and (3) APPOINTMENT.—(A) Upon appointment, an (2) by adding at the end the following: immigration judge shall be paid at IJ–1, and ity, and immunity from suit, of the officer or employee in a civil action brought under Fed- ‘‘(2)(A) An application for asylum filed for the shall be advanced to IJ–2 upon completion of 104 first time during an exclusion or deportation weeks of service, to IJ–3 upon completion of 104 eral or State law. ‘‘(9) Nothing in this subsection shall be con- proceeding shall not be considered if the pro- weeks of service in the next lower rate, and to strued to require any State or political subdivi- ceeding was commenced more than one year IJ–4 upon completion of 52 weeks of service in sion of a State to enter into an agreement with after the alien’s entry or admission into the the next lower rate. the Attorney General under this subsection. United States. (B) The Attorney General may provide for ap- ‘‘(10) Nothing in this subsection shall be con- ‘‘(B) An application for asylum may be con- pointment of an immigration judge at an ad- strued to require an agreement under this sub- sidered, notwithstanding subparagraph (A), if vanced rate under such circumstances as the At- section in order for any officer or employee of a the applicant shows good cause for not having torney General may determine appropriate. State or political subdivision of a State— filed within the specified period of time.’’. (4) TRANSITION.—Judges serving on the Immi- ‘‘(A) to communicate with the Attorney Gen- (b) As used in this section, ‘‘good cause’’ may gration Court as of the effective date of this eral regarding the immigration status of any in- include, but is not limited to, circumstances that subsection shall be paid at the rate that cor- dividual, including reporting knowledge that a changed after the applicant entered the United responds to the amount of time, as provided particular alien is not lawfully present in the States and that are relevant to the applicant’s under paragraph (3)(A), that they have served United States; or eligibility for asylum; physical or mental dis- as an immigration judge. ‘‘(B) otherwise to cooperate with the Attorney ability; threats of retribution against the appli- (b) EFFECTIVE DATE.—Subsection (a) shall General in the identification, apprehension, de- cant’s relatives abroad; attempts to file affirma- take effect 90 days after the date of the enact- tention, or removal of aliens not lawfully tively that were successful because of technical ment of this Act. present in the United States.’’. defects; efforts to seek asylum that were delayed

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by the temporary unavailability of professional (IV) the Emergency Food Assistance Act of (C) CONTINUED SERVICES BY CURRENT assistance; the illness or death of the appli- 1983 (Public Law 98–8; 7 U.S.C. 612c note), STATES.—States that have provided services de- cant’s legal representative; or other extenuating (V) section 110 of the Hunger Prevention Act scribed in paragraph (1)(A)(ii) for a period of 3 circumstances as determined by the Attorney of 1988 (Public Law 100–435; 7 U.S.C. 612c note), years before the date of the enactment of this General. and Act shall continue to provide such services and SEC. 194. LIMITATION ON WORK AUTHORIZATION (VI) the food distribution program on Indian shall be reimbursed by the Federal Government FOR ASYLUM APPLICANTS. reservations established under section 4(b) of for the costs incurred in providing such services. Section 208 (8 U.S.C. 1158), as amended by this Public Law 88–525 (7 U.S.C. 2013(b)), States that have not provided such services be- Act, is further amended by adding at the end (v) public health assistance for immunizations fore the date of the enactment of this Act, but the following new subsection: and, if the Secretary of Health and Human elect to provide such services after such date, ‘‘(f)(1) An applicant for asylum may not en- Services determines that it is necessary to pre- shall be reimbursed for the costs incurred in pro- gage in employment in the United States unless vent the spread of a serious communicable dis- viding such services. In no case shall States be such applicant has submitted an application for ease, for testing and treatment for such diseases, required to provide services in excess of the employment authorization to the Attorney Gen- and amounts provided in subparagraph (B). eral and, subject to paragraph (2), the Attorney (vi) such other service or assistance (such as (b) UNEMPLOYMENT BENEFITS.—Notwith- General has granted such authorization. soup kitchens, crisis counseling, intervention standing any other provision of law, only eligi- ‘‘(2) The Attorney General may deny any ap- (including intervention for domestic violence), ble aliens who have been granted employment plication for, or suspend or place conditions on and short-term shelter) as the Attorney General authorization pursuant to Federal law, and any grant of, authorization for any applicant specifies, in the Attorney General’s sole and United States citizens or nationals, may receive for asylum to engage in employment in the unreviewable discretion, after consultation with unemployment benefits payable out of Federal United States.’’. the heads of appropriate Federal agencies, if— funds, and such eligible aliens may receive only (I) such service or assistance is delivered at SEC. 195. INCREASED RESOURCES FOR REDUCING the portion of such benefits which is attrib- the community level, including through public ASYLUM APPLICATION BACKLOGS. utable to the authorized employment. or private nonprofit agencies; (a) PURPOSE AND PERIOD OF AUTHORIZA- (c) SOCIAL SECURITY BENEFITS.—(1) Section (II) such service or assistance is necessary for TION.—For the purpose of reducing the number 202 of the Social Security Act (42 U.S.C. 402) is the protection of life, safety, or public health; of applications pending under sections 208 and amended by adding at the end the following 243(h) of the Immigration and Nationality Act (8 and (III) such service or assistance or the amount new subsection: U.S.C. 1158 and 1253) as of the date of the en- or cost of such service or assistance is not condi- ‘‘Limitation on Payments to Aliens actment of this Act, the Attorney General shall tioned on the recipient’s income or resources; or ‘‘(y)(1) Notwithstanding any other provision have the authority described in subsection (b) (B) any grant, contract, loan, professional li- for a period of two years, beginning 90 days of law and except as provided in paragraph (2), cense, or commercial license provided or funded no monthly benefit under this title shall be pay- after the date of the enactment of this Act. by any agency of the United States or any State (b) PROCEDURES FOR PROPERTY ACQUISITION able to any alien in the United States for any or local government entity, except— month during which such alien is not lawfully ON LEASING.—Notwithstanding the Federal ‘‘(i) if the alien is a nonimmigrant alien au- Property and Administrative Services Act of 1949 present in the United States as determined by thorized to work in the United States— the Attorney General. (40 U.S.C. 471 et seq.), the Attorney General is ‘‘(I) any professional or commercial license re- authorized to expend out of funds made avail- ‘‘(2) Paragraph (1) shall not apply in any case quired to engage in such work, if the non- where entitlement to such benefit is based on an able to the Department of Justice for the admin- immigrant is otherwise qualified for such li- istration of the Immigration and Nationality Act application filed before the date of the enact- cense; or ment of this subsection.’’. such amounts as may be necessary for the leas- ‘‘(II) any contract provided or funded by such ing or acquisition of property to carry out the (2) Nothing in this subsection (c) shall affect an agency or entity; or any obligation or liability of any individual or purpose described in subsection (a). ‘‘(ii) if the alien is an alien who is outside of employer under title 21 of subtitle C of the Inter- the United States, any contract provided or PART 3—CUBAN ADJUSTMENT ACT nal Revenue Code. funded by such an agency or entity.’’. SEC. 196. REPEAL AND EXCEPTION. (3) No more than eighteen months following (2) BENEFITS OF RESIDENCE.—Notwithstanding (a) REPEAL.—Subject to subsection (b), Public enactment of this Act, the Comptroller General any other provision of law, no State or local Law 89–732, as amended, is hereby repealed. is directed to conduct and complete a study of government entity shall consider any ineligible (b) Notwithstanding any other provision of whether, and to what extent, individuals who alien as a resident when to do so would place this Act, the repeal of Public Law 89–732 made are not authorized to work in the United States such alien in a more favorable position, regard- by this Act shall become effective only upon a are qualifying for Old Age, Survivors, and Dis- ing access to, or the cost of, any benefit or gov- determination by the President under section ability Insurance (OASDI) benefits based on ernment service, except elementary or secondary 203(c)(3) of the Cuban Liberty and Democratic their earnings record. education, than a United States citizen who is Solidarity (LIBERTAD) Act of 1996 that a demo- (d) HOUSING ASSISTANCE PROGRAMS.—Not not regarded as such a resident. cratically elected government in Cuba is in later than 90 days after the date of the enact- power. (3) NOTIFICATION OF ALIENS.— (A) IN GENERAL.—The agency administering a ment of this Act, the Secretary of Housing and Subtitle C—Effective Dates program referred to in paragraph (1)(A) or pro- Urban Development shall submit a report to the SEC. 197. EFFECTIVE DATES. viding benefits referred to in paragraph (1)(B) Committee on the Judiciary and the Committee Except as otherwise provided in this title, and shall, directly or, in the case of a Federal agen- on Banking, Housing, and Urban Affairs of the the amendments made by this title, shall take ef- cy, through the States, notify individually or by Senate, and the Committee on the Judiciary and fect on the date of the enactment of this Act. public notice, all ineligible aliens who are re- the Committee on Banking and Financial Serv- TITLE II—FINANCIAL RESPONSIBILITY ceiving benefits under a program referred to in ices of the House of Representatives, describing the manner in which the Secretary is enforcing Subtitle A—Receipt of Certain Government paragraph (1)(A), or are receiving benefits re- section 214 of the Housing and Community De- Benefits ferred to in paragraph (1)(B), as the case may be, immediately prior to the date of the enact- velopment Act of 1980 (Public Law 96–399; 94 SEC. 201. INELIGIBILITY OF EXCLUDABLE, DE- ment of this Act and whose eligibility for the Stat. 1637) and containing statistics with respect PORTABLE, AND NONIMMIGRANT to the number of individuals denied financial ALIENS. program is terminated by reason of this sub- assistance under such section. (a) PUBLIC ASSISTANCE AND BENEFITS.— section. (e) NONPROFIT, CHARITABLE ORGANIZA- (1) IN GENERAL.—Notwithstanding any other (B) FAILURE TO GIVE NOTICE.—Nothing in sub- TIONS.— provision of law, an ineligible alien (as defined paragraph (A) shall be construed to require or (1) IN GENERAL.—Nothing in this Act shall be in subsection (f)(2)) shall not be eligible to re- authorize continuation of such eligibility if the construed as requiring a nonprofit charitable or- ceive— notice required by such paragraph is not given. (A) any benefits under a public assistance (4) LIMITATION ON PREGNANCY SERVICES FOR ganization operating any program of assistance program (as defined in subsection (f)(3)), ex- UNDOCUMENTED ALIENS.— provided or funded, in whole or in part, by the cept— (A) 3-YEAR CONTINUOUS RESIDENCE.—An ineli- Federal Government to— (i) emergency medical services under title XIX gible alien may not receive the services described (A) determine, verify, or otherwise require of the Social Security Act, in paragraph (1)(A)(ii) unless such alien can es- proof of the eligibility, as determined under this (ii) subject to paragraph (4), prenatal and tablish proof of continuous residence in the title, of any applicant for benefits or assistance postpartum services under title XIX of the So- United States for not less than 3 years, as deter- under such program; or cial Security Act, mined in accordance with section 245a.2(d)(3) of (B) deem that the income or assets of any ap- (iii) short-term emergency disaster relief, title 8, Code of Federal Regulations as in effect plicant for benefits or assistance under such (iv) assistance or benefits under— on the day before the date of the enactment of program include the income or assets described (I) the National School Lunch Act (42 U.S.C. this Act. in section 204(b). 1751 et seq.), (B) LIMITATION ON EXPENDITURES.—Not more (2) NO EFFECT ON FEDERAL AUTHORITY TO DE- (II) the Child Nutrition Act of 1966 (42 U.S.C. than $120,000,000 in outlays may be expended TERMINE COMPLIANCE.—Nothing in this sub- 1771 et seq.), under title XIX of the Social Security Act for re- section shall be construed as prohibiting the (III) section 4 of the Agriculture and Con- imbursement of services described in paragraph Federal Government from determining the eligi- sumer Protection Act of 1973 (Public Law 93–86; (1)(A)(ii) that are provided to individuals de- bility, under this section or section 204, of any 7 U.S.C. 612c note), scribed in subparagraph (A). individual for benefits under a public assistance

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4750 CONGRESSIONAL RECORD — SENATE May 6, 1996 program (as defined in subsection (f)(3)) or for by any agency of the United States or any State ends or begins in the calendar year in which government benefits (as defined in subsection or local government entity, except— this Act is enacted until the matriculation of (f)(4)). (i) if the alien is a nonimmigrant alien author- their education. (f) DEFINITIONS.—For the purposes of this sec- ized to work in the United States— ‘‘(E) SPECIAL RULE FOR BATTERED WOMEN AND tion— (I) any professional or commercial license re- CHILDREN.—(i) For purposes of any determina- (1) ELIGIBLE ALIEN.—The term ‘‘eligible alien’’ quired to engage in such work, if the non- tion under subparagraph (A), and except as pro- means an individual who is— immigrant is otherwise qualified for such li- vided under clause (ii), the aggregate period (A) an alien lawfully admitted for permanent cense; or shall be 48 months within the first 7 years of residence under the Immigration and Nation- (II) any contract provided or funded by such entry if the alien can demonstrate that (I) the ality Act, an agency or entity; or alien has been battered or subjected to extreme (B) an alien granted asylum under section 208 (ii) if the alien is an alien who is outside of cruelty in the United States by a spouse or a of such Act, the United States, any contract provided or parent, or by a member of the spouse or parent’s (C) a refugee admitted under section 207 of funded by such an agency or entity. family residing in the same household as the such Act, (B) unemployment benefits payable out of alien and the spouse or parent consented or ac- (D) an alien whose deportation has been with- Federal funds; quiesced to such battery or cruelty, or (II) the held under section 243(h) of such Act, (C) benefits under title II of the Social Secu- alien’s child has been battered or subjected to (E) an alien paroled into the United States rity Act; extreme cruelty in the United States by a spouse under section 212(d)(5) of such Act for a period (D) financial assistance for purposes of sec- or parent of the alien (without the active par- of at least 1 year, or tion 214(a) of the Housing and Community De- ticipation of the alien in the battery or extreme (F) an alien who— velopment Act of 1980 (Public Law 96–399; 94 cruelty), or by a member of the spouse or par- (i) has been battered or subjected to extreme Stat. 1637); and ent’s family residing in the same household as cruelty in the United States by a spouse or a (E) benefits based on residence that are pro- the alien when the spouse or parent consented parent, or by a member of the spouse or parent’s hibited by subsection (a)(2). or acquiesced to and the alien did not actively family residing in the same household as the SEC. 202. DEFINITION OF ‘‘PUBLIC CHARGE’’ FOR participate in such battery or cruelty, and the alien and the spouse or parent consented or ac- PURPOSES OF DEPORTATION. need for the public benefits received has a con- quiesced to such battery or cruelty; and (a) IN GENERAL.—Section 241(a)(5) (8 U.S.C. nection to the battery or cruelty described in (ii) has petitioned (or petitions within 45 days 1251(a)(5)) is amended to read as follows: after the first application for means-tested gov- subclause (I) or (II). ‘‘(5) PUBLIC CHARGE.— ‘‘(ii) For the purposes of a determination ernment assistance under SSI, AFDC, social ‘‘(A) IN GENERAL.—Except as provided in sub- under subparagraph (A), the aggregate period services block grants; Medicaid, food stamps, or paragraphs (B) and (E), any alien who during may exceed 48 months within the first 7 years of housing assistance) for— the public charge period becomes a public (I) status as a spouse or a child of a United entry if the alien can demonstrate that any bat- charge, regardless of when the cause for becom- tery or cruelty under clause (ii) is ongoing, has States citizen pursuant to clause (ii), (iii), or (iv) ing a public charge arises, is deportable for a of section 204(a)(1)(A) of the Immigration and led to the issuance of an order of a judge or an period of five years after the immigrant last re- administrative law judge or a prior determina- Nationality Act, ceives a benefit during the public charge period (II) classification pursuant to clause (ii) or tion of the Service, and that such battery or under any of the programs described in sub- (iii) of section 204(a)(1)(B) of the Act, or cruelty has a causal relationship to the need for paragraph (D). (III) suspension of deportation and adjust- the benefits received.pursuant to clause (i) of ‘‘(B) EXCEPTIONS.—Subparagraph (A) shall ment of status pursuant to section 244(a)(3) of section 204(a)(1)(B) of such Act.’’. not apply if the alien is a refugee or has been such Act, or (b) CONSTRUCTION.—Nothing in subparagraph (iii) is the beneficiary of a petition for status granted asylum, or if the cause of the alien’s be- (B), (C), or (D) of section 241(a)(5) of the Immi- as a spouse or child of a United States citizen coming a public charge— gration and Nationality Act, as amended by ‘‘(i) arose after entry (in the case of an alien pursuant to clause (i) of section 204(a)(1)(A) of subsection (a), may be construed to affect or who entered as an immigrant) or after adjust- the Immigration and Nationality Act, or of a pe- apply to any determination of an alien as a ment to lawful permanent resident status (in the tition filed for classification pursuant to clause public charge made before the date of the enact- case of an alien who entered as a non- (i) of section 204(a)(1)(B) of such Act; or ment of this Act. (G) an alien whose child— immigrant), and (c) REVIEW OF STATUS.— (i) has been battered or subjected to extreme ‘‘(ii) was a physical illness, or physical injury, (1) IN GENERAL.—In reviewing any application cruelty in the United States by a spouse or a so serious the alien could not work at any job, by an alien for benefits under section 216, sec- parent of the alien (without the active partici- or a mental disability that required continuous tion 245, or chapter 2 of title III of the Immigra- pation of the alien in the battery or extreme cru- hospitalization. tion and Nationality Act, the Attorney General elty), or by a member of the spouse or parent’s ‘‘(C) DEFINITIONS.— shall determine whether or not the applicant is ‘‘(i) PUBLIC CHARGE PERIOD.—For purposes of family residing in the same household as the deportable under section 241(a)(5)(A) of such subparagraph (A), the term ‘public charge pe- alien and the spouse or parent consented or ac- Act, as so amended. riod’ means the period beginning on the date the (2) GROUNDS FOR DENIAL.—If the Attorney quiesced to such battery or cruelty, and the alien entered the United States and ending— General determines that an alien is deportable alien did not actively participate in such battery ‘‘(I) for an alien who entered the United under section 241(a)(5)(A) of the Immigration or cruelty; and (ii) has petitioned (or petitions within 45 days States as an immigrant, 5 years after entry, or and Nationality Act, the Attorney General shall after the first application for assistance from a ‘‘(II) for an alien who entered the United deny such application and shall institute depor- means-tested government assistance program) States as a nonimmigrant, 5 years after the tation proceedings with respect to such alien, for— alien adjusted to permanent resident status. unless the Attorney General exercises discretion (I) status as a spouse or a child of a United ‘‘(ii) PUBLIC CHARGE.—For purposes of sub- to withhold or suspend deportation pursuant to States citizen pursuant to clause (ii), (iii), or (iv) paragraph (A), the term ‘public charge’ includes any other section of such Act. of section 204(a)(1)(A) of the Immigration and any alien who receives benefits under any pro- (d) EFFECTIVE DATE.—This section and the Nationality Act, gram described in subparagraph (D) for an ag- amendments made by this section shall apply to (II) classification pursuant to clause (ii) or gregate period of more than 12 months. aliens who enter the United States on or after (iii) of section 204(a)(1)(B) of the Act, or ‘‘(D) PROGRAMS DESCRIBED.—The programs the date of the enactment of this Act and to (III) suspension of deportation and adjust- described in this subparagraph are the fol- aliens who entered as nonimmigrants before ment of status pursuant to section 244(a)(3) of lowing: such date but adjust or apply to adjust their such Act, or ‘‘(i) The aid to families with dependent chil- status after such date. (iii) is the beneficiary of a petition for status dren program under title IV of the Social Secu- SEC. 203. REQUIREMENTS FOR SPONSOR’S AFFI- as a spouse or child of a United States citizen rity Act. DAVIT OF SUPPORT. pursuant to clause (i) of section 204(a)(1)(A) of ‘‘(ii) The medicaid program under title XIX of (a) ENFORCEABILITY.—(1) No affidavit of sup- the Immigration and Nationality Act, or of a pe- the Social Security Act. port may be relied upon by the Attorney General tition filed for classification. ‘‘(iii) The food stamp program under the Food or by any consular officer to establish that an (2) INELIGIBLE ALIEN.—The term ‘‘ineligible Stamp Act of 1977. alien is not excludable as a public charge under alien’’ means an individual who is not— ‘‘(iv) The supplemental security income pro- section 212(a)(4) of the Immigration and Nation- (A) a United States citizen or national; or gram under title XVI of the Social Security Act. ality Act unless such affidavit is executed as a (B) an eligible alien. ‘‘(v) Any State general assistance program. contract— (3) PUBLIC ASSISTANCE PROGRAM.—The term ‘‘(vi) Any other program of assistance funded, (A) which is legally enforceable against the ‘‘public assistance program’’ means any pro- in whole or in part, by the Federal Government sponsor by the sponsored individual, by the gram of assistance provided or funded, in whole or any State or local government entity, for Federal Government, and by any State, district, or in part, by the Federal Government or any which eligibility for benefits is based on need, territory, or possession of the United States (or State or local government entity, for which eligi- except the programs listed as exceptions in any subdivision of such State, district, territory, bility for benefits is based on need. clauses (i) through (vi) of section 201(a)(1)(A) of or possession of the United States) which pro- (4) GOVERNMENT BENEFITS.—The term ‘‘gov- the Immigration Reform Act of 1996 or any stu- vides any benefit described in section ernment benefits’’ includes— dent assistance received or approved for receipt 241(a)(5)(D), but not later than 10 years after (A) any grant, contract, loan, professional li- under title IV, V, IX, or X of the Higher Edu- the sponsored individual last receives any such cense, or commercial license provided or funded cation Act of 1965 in an academic year which benefit;

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(B) in which the sponsor agrees to financially (2) COURT MAY NOT DECLINE TO HEAR CASE.— SEC. 204. ATTRIBUTION OF SPONSOR’S INCOME support the sponsored individual, so that he or For purposes of this section, no appropriate AND RESOURCES TO FAMILY-SPON- she will not become a public charge, until the court shall decline for lack of subject matter or SORED IMMIGRANTS. sponsored individual has worked in the United personal jurisdiction to hear any action brought (a) DEEMING REQUIREMENT FOR FEDERAL AND States for 40 qualifying quarters; and against a sponsor under paragraph (1) if— FEDERALLY FUNDED PROGRAMS.—Subject to sub- (C) in which the sponsor agrees to submit to (A) the sponsored individual is a resident of section (d), for purposes of determining the eligi- the jurisdiction of any Federal or State court for the State in which the court is located, or re- bility of an alien for benefits, and the amount of the purpose of actions brought under subsection ceived public assistance while residing in the benefits, under any Federal program of assist- (d) or (e). State; and ance, or any program of assistance funded in (2) In determining the number of qualifying (B) such sponsor has received service of proc- whole or in part by the Federal Government, for quarters for which a sponsored individual has ess in accordance with applicable law. which eligibility for benefits is based on need, worked for purposes of paragraph (1)(B), an in- (f) DEFINITIONS.—For purposes of this sec- the income and resources described in subsection dividual not meeting the requirements of sub- tion— (b) shall, notwithstanding any other provision paragraphs (A) or (C) of subsection (f)(3) for (1) SPONSOR.—The term ‘‘sponsor’’ means an of law, except as provided in section 204(f), be any quarter shall be treated as meeting such re- individual who— deemed to be the income and resources of such quirements if— (A) is a United States citizen or national or an alien. (A) their spouse met such requirements for alien who is lawfully admitted to the United (b) DEEMED INCOME AND RESOURCES.—The in- such quarter and they filed a joint income tax States for permanent residence; come and resources described in this subsection (B) is at least 18 years of age; include the income and resources of— return covering such quarter; or (C) is domiciled in any of the several States of (B) the individual who claimed such indi- (1) any person who, as a sponsor of an alien’s the United States, the District of Columbia, or vidual as a dependent on an income tax return entry into the United States, or in order to en- any territory or possession of the United States; covering such quarter met such requirements for able an alien lawfully to remain in the United and States, executed an affidavit of support or simi- such quarter. (D) demonstrates the means to maintain an (b) FORMS.—Not later than 90 days after the lar agreement with respect to such alien, and annual income equal to at least 125 percent of (2) the sponsor’s spouse. date of the enactment of this Act, the Secretary the Federal poverty line for the individual and of State, the Attorney General, and the Sec- (c) LENGTH OF DEEMING PERIOD.—The re- the individual’s family (including the sponsored quirement of subsection (a) shall apply for the retary of Health and Human Services shall alien and any other alien sponsored by the indi- jointly formulate the affidavit of support de- period for which the sponsor has agreed, in such vidual), through evidence that includes a copy affidavit or agreement, to provide support for scribed in this section. of the individual’s Federal income tax return for (c) NOTIFICATION OF CHANGE OF ADDRESS.— such alien, or for a period of 5 years beginning the 3 most recent taxable years (which returns (1) GENERAL REQUIREMENT.—The sponsor on the day such alien was first lawfully in the need show such level of annual income only in shall notify the Attorney General and the State, United States after the execution of such affi- the most recent taxable year) and a written district, territory, or possession in which the davit or agreement, whichever period is longer. statement, executed under oath or as permitted sponsored individual is currently a resident (d) EXCEPTIONS.— under penalty of perjury under section 1746 of within 30 days of any change of address of the (1) INDIGENCE.— title 28, United States Code, that the copies are sponsor during the period specified in subsection (A) IN GENERAL.—If a determination described true copies of such returns. (a)(1). in subparagraph (B) is made, the amount of in- (2) PENALTY.—Any person subject to the re- In the case of an individual who is on active come and resources of the sponsor or the spon- quirement of paragraph (1) who fails to satisfy duty (other than active duty for training) in the sor’s spouse which shall be attributed to the such requirement shall, after notice and oppor- Armed Forces of the United States, subpara- sponsored alien shall not exceed the amount ac- tunity to be heard, be subject to a civil penalty graph (D) shall be applied by substituting ‘‘100 tually provided for a period— of— percent’’ for ‘‘125 percent’’. (i) beginning on the date of such determina- (A) not less than $250 or more than $2,000, or (2) FEDERAL POVERTY LINE.—The term ‘‘Fed- tion and ending 12 months after such date, or (B) if such failure occurs with knowledge that eral poverty line’’ means the level of income (ii) if the address of the sponsor is unknown the sponsored individual has received any ben- equal to the official poverty line (as defined by to the sponsored alien, beginning on the date of efit described in section 241(a)(5)(D) of the Im- the Director of the Office of Management and such determination and ending on the date that migration and Nationality Act, as amended by Budget, as revised annually by the Secretary of is 12 months after the address of the sponsor be- section 202(a) of this Act, not less than $2,000 or Health and Human Services, in accordance with comes known to the sponsored alien or to the more than $5,000. section 673(2) of the Omnibus Budget Reconcili- agency (which shall inform such alien of the ad- (d) REIMBURSEMENT OF GOVERNMENT EX- ation Act of 1981 (42 U.S.C. 9902)) that is appli- dress within 7 days). PENSES.— cable to a family of the size involved. (B) DETERMINATION DESCRIBED.—A deter- (1) IN GENERAL.— (3) QUALIFYING QUARTER.—The term ‘‘quali- mination described in this subparagraph is a de- (A) REQUEST FOR REIMBURSEMENT.—Upon no- fying quarter’’ means a three-month period in termination by an agency that a sponsored alien tification that a sponsored individual has re- which the sponsored individual has— would, in the absence of the assistance provided ceived any benefit described in section (A) earned at least the minimum necessary for by the agency, be unable to obtain food and 241(a)(5)(D) of the Immigration and Nationality the period to count as one of the 40 quarters re- shelter, taking into account the alien’s own in- Act, as amended by section 202(a) of this Act, quired to qualify for social security retirement come, plus any cash, food, housing, or other as- the appropriate Federal, State, or local official benefits; sistance provided by other individuals, includ- (B) not received need-based public assistance; shall request reimbursement from the sponsor for ing the sponsor. and the amount of such assistance. (2) EDUCATION ASSISTANCE.— (C) had income tax liability for the tax year of (B) REGULATIONS.—The Commissioner of So- (A) IN GENERAL.—The requirements of sub- which the period was part. cial Security shall prescribe such regulations as section (a) shall not apply with respect to spon- (4) APPROPRIATE COURT.—The term ‘‘appro- sored aliens who have received, or have been ap- may be necessary to carry out subparagraph priate court’’ means— (A). Such regulations shall provide that notifi- (A) a Federal court, in the case of an action proved to receive, student assistance under title cation be sent to the sponsor’s last known ad- for reimbursement of benefits provided or fund- IV, V, IX, or X of the Higher Education Act of dress by certified mail. ed, in whole or in part, by the Federal Govern- 1965 in an academic year which ends or begins (2) ACTION AGAINST SPONSOR.—If within 45 ment; and in the calendar year in which this Act is en- days after requesting reimbursement, the appro- (B) a State court, in the case of an action for acted. priate Federal, State, or local agency has not re- reimbursement of benefits provided under a (B) DURATION.—The exception described in ceived a response from the sponsor indicating a State or local program of assistance. subparagraph (A) shall apply only for the pe- willingness to make payments, an action may be (g) SPONSOR’S SOCIAL SECURITY ACCOUNT riod normally required to complete the course of brought against the sponsor pursuant to the af- NUMBER REQUIRED TO BE PROVIDED.—(1) Each study for which the sponsored alien receives as- fidavit of support. affidavit of support shall include the social se- sistance described in that subparagraph. (3) FAILURE TO MEET REPAYMENT TERMS.—If curity account number of the sponsor. (3) CERTAIN SERVICES AND ASSISTANCE.—The the sponsor agrees to make payments, but fails (2) The Attorney General shall develop an requirements of subsection (a) shall not apply to to abide by the repayment terms established by automated system to maintain the data of social any service or assistance described in clause (iv) the agency, the agency may, within 60 days of security account numbers provided under para- or (vi) of section 201(a)(1)(A). such failure, bring an action against the spon- graph (1). (e) DEEMING AUTHORITY TO STATE AND LOCAL sor pursuant to the affidavit of support. (3) The Attorney General shall submit an an- AGENCIES.— (e) JURISDICTION.— nual report to the Congress setting forth for the (1) IN GENERAL.—Notwithstanding any other (1) IN GENERAL.—An action to enforce an affi- most recent fiscal year for which data are avail- provision of law, but subject to exceptions equiv- davit of support executed under subsection (a) able— alent to the exceptions described in subsection may be brought against the sponsor in any ap- (A) the number of sponsors under this section (d), the State or local government may, for pur- propriate court— and the number of sponsors in compliance with poses of determining the eligibility of an alien (A) by a sponsored individual, with respect to the financial obligations of this section; and for benefits, and the amount of benefits, under financial support; or (B) a comparison of the data set forth under any State or local program of assistance for (B) by a Federal, State, or local agency, with subparagraph (A) with similar data for the pre- which eligibility is based on need, or any need- respect to reimbursement. ceding fiscal year. based program of assistance administered by a

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4752 CONGRESSIONAL RECORD — SENATE May 6, 1996 State or local government (other than a program tions, limitations, or restrictions imposed under ‘‘(F) an alien paroled into the United States of assistance provided or funded, in whole or in comparable Federal programs. For purposes of under section 215(d)(5) of such Act for a period part, by the Federal Government), require that this section, attribution to an alien of a spon- of at least 1 year; and the income and resources described in subsection sor’s income and resources (as described in sec- ‘‘(3) each instance of forgery, counterfeiting, (b) be deemed to be the income and resources of tion 204(b)) for purposes of determining eligi- mutilation, or alteration shall constitute a sepa- such alien. bility for, and the amount of, benefits shall be rate offense under this section.’’. (2) LENGTH OF DEEMING PERIOD.—Subject to considered less restrictive than a prohibition of SEC. 208. STATE OPTION UNDER THE MEDICAID exceptions equivalent to the exceptions described eligibility for such benefits. PROGRAM TO PLACE ANTI-FRAUD IN- in subsection (d), a State or local government SEC. 207. INCREASED MAXIMUM CRIMINAL PEN- VESTIGATORS IN HOSPITALS. may impose the requirement described in para- ALTIES FOR FORGING OR COUNTER- (a) IN GENERAL.—Section 1902(a) of the Social graph (1) for the period for which the sponsor FEITING SEAL OF A FEDERAL DE- Security Act (42 U.S.C. 1396a(a)) is amended— has agreed, in such affidavit or agreement, to PARTMENT OR AGENCY TO FACILI- (1) by striking ‘‘and’’ at the end of paragraph provide support for such alien, or for a period of TATE BENEFIT FRAUD BY AN UNLAW- (61); 5 years beginning on the day such alien was FUL ALIEN. (2) by striking the period at the end of para- first lawfully in the United States after the exe- Section 506 of title 18, United States Code, is graph (62) and inserting ‘‘; and’’; and cution of such affidavit or agreement, whichever amended to read as follows: (3) by adding after paragraph (62) the fol- period is longer. ‘‘§ 506. Seals of departments or agencies lowing new paragraph: (f) SPECIAL RULE FOR BATTERED WOMEN AND ‘‘(a) Whoever— ‘‘(63) in the case of a State that is certified by CHILDREN.—Notwithstanding any other provi- ‘‘(1) falsely makes, forges, counterfeits, muti- the Attorney General as a high illegal immigra- sion of law, subsection (a) shall not apply— lates, or alters the seal of any department or tion State (as determined by the Attorney Gen- (1) for up to 48 months if the alien can dem- agency of the United States, or any facsimile eral), at the election of the State, establish and onstrate that (A) the alien has been battered or thereof; operate a program for the placement of anti- subjected to extreme cruelty in the United States ‘‘(2) knowingly uses, affixes, or impresses any fraud investigators in State, county, and private by a spouse or a parent, or by a member of the such fraudulently made, forged, counterfeited, hospitals located in the State to verify the immi- spouse or parent’s family residing in the same mutilated, or altered seal or facsimile thereof to gration status and income eligibility of appli- household as the alien and the spouse or parent or upon any certificate, instrument, commission, cants for medical assistance under the State consented to or acquiesced to such battery or document, or paper of any description; or plan prior to the furnishing of medical assist- cruelty, or (B) the alien’s child has been bat- ‘‘(3) with fraudulent intent, possesses, sells, ance.’’. tered or subjected to extreme cruelty in the offers for sale, furnishes, offers to furnish, gives (b) PAYMENT.—Section 1903 of the Social Secu- United States by the spouse or parent of the away, offers to give away, transports, offers to rity Act (42 U.S.C. 1396b) is amended— alien (without the active participation of the transport, imports, or offers to import any such (1) by striking ‘‘plus’’ at the end of paragraph alien in the battery or cruelty), or by a member seal or facsimile thereof, knowing the same to (6); of the spouse’s or parent’s family residing in the have been so falsely made, forged, counterfeited, (2) by striking the period at the end of para- same household as the alien when the spouse or mutilated, or altered, graph (7) and inserting ‘‘; plus’’; and parent consented or acquiesced to and the alien shall be fined under this title, or imprisoned not (3) by adding at the end the following new did not actively participate in such battery or more than 5 years, or both. paragraph: cruelty, and the battery or cruelty described in ‘‘(b) Notwithstanding subsection (a) or any ‘‘(8) an amount equal to the Federal medical clause (i) or (ii) has a causal relationship to the other provision of law, if a forged, counter- assistance percentage (as defined in section need for the public benefits applied; and feited, mutilated, or altered seal of a department 1905(b)) of the total amount expended during (2) for more than 48 months if the alien can or agency of the United States, or any facsimile such quarter which is attributable to operating demonstrate that such battery or cruelty under thereof, is— a program under section 1902(a)(63).’’. paragraph (1) is ongoing, has led to the ‘‘(1) so forged, counterfeited, mutilated, or al- (c) EFFECTIVE DATE.—The amendments made issuance of an order of a judge or administrative tered; by subsections (a) and (b) shall take effect on law judge or a prior determination of the Service ‘‘(2) used, affixed, or impressed to or upon the first day of the first calendar quarter begin- and that such battery or cruelty has a causal any certificate, instrument, commission, docu- ning after the date of the enactment of this Act. relationship to the need for the benefits re- ment, or paper of any description; or SEC. 209. COMPUTATION OF TARGETED ASSIST- ceived. ‘‘(3) with fraudulent intent, possessed, sold, ANCE. SEC. 205. VERIFICATION OF STUDENT ELIGI- offered for sale, furnished, offered to furnish, Section 412(c)(2) (8 U.S.C. 1522(c)(2)) is BILITY FOR POSTSECONDARY FED- given away, offered to give away, transported, amended by adding at the end the following ERAL STUDENT FINANCIAL ASSIST- offered to transport, imported, or offered to im- new subparagraph: ANCE. port, ‘‘(C) Except for the Targeted Assistance Ten (a) REPORT REQUIREMENT.—Not later than with the intent or effect of facilitating an un- Percent Discretionary Program, all grants made one year after the date of the enactment of this available under this paragraph for a fiscal year Act, the Secretary of Education and the Com- lawful alien’s application for, or receipt of, a Federal benefit, the penalties which may be im- shall be allocated by the Office of Refugee Re- missioner of Social Security shall jointly submit settlement in a manner that ensures that each to the Congress a report on the computer match- posed for each offense under subsection (a) shall be two times the maximum fine, and 3 times the qualifying county receives the same amount of ing program of the Department of Education assistance for each refugee and entrant residing under section 484(p) of the Higher Education maximum term of imprisonment, or both, that would otherwise be imposed for an offense in the county as of the beginning of the fiscal Act of 1965. year who arrived in the United States not ear- (b) REPORT ELEMENTS.—The report shall in- under subsection (a). ‘‘(c) For purposes of this section— lier than 60 months before the beginning of such clude the following: fiscal year.’’. (1) An assessment by the Secretary and the ‘‘(1) the term ‘Federal benefit’ means— Commissioner of the effectiveness of the com- ‘‘(A) the issuance of any grant, contract, Subtitle B—Miscellaneous Provisions puter matching program, and a justification for loan, professional license, or commercial license SEC. 211. REIMBURSEMENT OF STATES AND LO- such assessment. provided by any agency of the United States or CALITIES FOR EMERGENCY MEDICAL (2) The ratio of inaccurate matches under the by appropriated funds of the United States; and ASSISTANCE FOR CERTAIN ILLEGAL ALIENS. program to successful matches. ‘‘(B) any retirement, welfare, Social Security, (3) Such other information as the Secretary health (including treatment of an emergency (a) REIMBURSEMENT.—The Attorney General and the Commissioner jointly consider appro- medical condition in accordance with section shall, subject to the availability of appropria- priate. 1903(v) of the Social Security Act (19 U.S.C. tions, fully reimburse the States and political 1396b(v))), disability, veterans, public housing, subdivisions of the States for costs incurred by SEC. 206. AUTHORITY OF STATES AND LOCAL- the States and political subdivisions for emer- ITIES TO LIMIT ASSISTANCE TO education, food stamps, or unemployment ben- ALIENS AND TO DISTINGUISH efit, or any similar benefit for which payments gency ambulance service provided to any alien AMONG CLASSES OF ALIENS IN PRO- or assistance are provided by an agency of the who— VIDING GENERAL PUBLIC ASSIST- United States or by appropriated funds of the (1) entered the United States without inspec- ANCE. United States; tion or at any time or place other than as des- (a) IN GENERAL.—Subject to subsection (b) ‘‘(2) the term ‘unlawful alien’ means an indi- ignated by the Attorney General; and notwithstanding any other provision of vidual who is not— (2) is under the custody of a State or a polit- law, a State or local government may prohibit or ‘‘(A) a United States citizen or national; ical subdivision of a State as a result of transfer otherwise limit or restrict the eligibility of aliens ‘‘(B) an alien lawfully admitted for perma- or other action by Federal authorities; and or classes of aliens for programs of general cash nent residence under the Immigration and Na- (3) is being treated for an injury suffered public assistance furnished under the law of the tionality Act; while crossing the international border between State or a political subdivision of a State. ‘‘(C) an alien granted asylum under section the United States and Mexico or between the (b) LIMITATION.—The authority provided for 208 of such Act; United States and Canada. under subsection (a) may be exercised only to ‘‘(D) a refugee admitted under section 207 of (b) STATUTORY CONSTRUCTION.—Nothing in the extent that any prohibitions, limitations, or such Act; this section requires that the alien be arrested restrictions imposed by a State or local govern- ‘‘(E) an alien whose deportation has been by Federal authorities before entering into the ment are not more restrictive than the prohibi- withheld under section 243(h) of such Act; or custody of the State or political subdivision.

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(c) AUTHORIZATION OF APPROPRIATIONS.— of study, or (II) the school waives such reim- (C) the academic standing of the alien, in- (1) AUTHORIZATION OF APPROPRIATIONS.— bursement), private elementary or private sec- cluding any disciplinary action taken by the There are authorized to be appropriated to the ondary school, or postsecondary academic insti- college or university against the alien as a re- Attorney General such sums as may be nec- tution, or in a language-training program’’; and sult of the alien’s being convicted of a crime. essary to carry out the provisions of this section. (2) by inserting before the semicolon at the (2) FERPA.—The Family Educational Rights (2) STATUTORY CONSTRUCTION.—Nothing in end of clause (ii) the following: ‘‘: Provided, and Privacy Act of 1974 (20 U.S.C. 1232g) shall this Act may be construed to prevent the Attor- That nothing in this paragraph shall be con- not apply to aliens described in subsection (a) to ney General from seeking reimbursement from strued to prevent a child who is present in the the extent that the Attorney General and the an alien described in subsection (a) for the costs United States in a nonimmigrant status other Secretary of State determine necessary to carry of the emergency medical services provided to than that conferred by paragraph (B), (C), out the pilot program. the alien. (F)(i), or (M)(i), from seeking admission to a (d) PARTICIPATION BY COLLEGES AND UNIVER- SEC. 212. TREATMENT OF EXPENSES SUBJECT TO public elementary school or public secondary SITIES.—(1) The information specified in sub- EMERGENCY MEDICAL SERVICES EX- school for which such child may otherwise be section (c) shall be provided by approved col- CEPTION. qualified’’; leges and universities as a condition of— (a) IN GENERAL.—Subject to such amounts as (b) EXCLUSION OF STUDENT VISA ABUSERS.— (A) the continued approval of the colleges and are provided in advance in appropriation Acts, Section 212(a) (8 U.S.C. 1182(a)) is amended by universities under section 101(a)(15) (F) or (M) each State or local government that provides adding at the end the following new paragraph: of the Immigration and Nationality Act, or emergency medical services through a public ‘‘(9) STUDENT VISA ABUSERS.—Any alien de- (B) the issuance of visas to aliens for purposes hospital, other public facility, or other facility scribed in section 101(a)(15)(F) who is admitted of studying, or otherwise participating, at such (including a hospital that is eligible for an addi- as a student for study at a private elementary colleges and universities in a program under tional payment adjustment under section school or private secondary school and who does section 101(a)(15)(J) of such Act. (2) If an approved college or university fails to 1886(d)(5)(F) or section 1923 of the Social Secu- not remain enrolled, throughout the duration of provide the specified information, such approv- rity Act), or through contract with another hos- his or her elementary or secondary school edu- als and such issuance of visas shall be revoked pital or facility, to an individual who is an alien cation in the United States, at either (A) such a or denied. not lawfully present in the United States, is en- private school, or (B) a public elementary or (e) FUNDING.—(1) The Attorney General and titled to receive payment from the Federal Gov- public secondary school (if (I) the alien is in the Secretary shall use funds collected under ernment for its costs of providing such services, fact reimbursing such public elementary or pub- section 281(b) of the Immigration and Nation- but only to the extent that the costs of the State lic secondary school for the full, unsubsidized ality Act, as added by this subsection, to pay for or local government are not fully reimbursed per-capita cost of providing education at such school to an individual pursuing such a course the costs of carrying out this section. through any other Federal program and cannot (2) Section 281 of the Immigration and Nation- be recovered from the alien or other entity. of study, or (II) the school waives such reim- bursement) is excludable.’’. ality Act (8 U.S.C. 1351) is amended— (b) CONFIRMATION OF IMMIGRATION STATUS.— (c) DEPORTATION OF STUDENT VISA ABUS- (A) by inserting ‘‘(a)’’ after ‘‘SEC. 281.’’; and No payment shall be made under this section ERS.—Section 241(a) (8 U.S.C. 1251(a)) is amend- (B) by adding at the end the following: with respect to services furnished to aliens de- ‘‘(b)(1) In addition to fees that are prescribed ed by adding at the end the following new para- scribed in subsection (a) unless the State or under subsection (a), the Secretary of State graph: local government establishes that it has pro- ‘‘(6) STUDENT VISA ABUSERS.—Any alien de- shall impose and collect a fee on all visas issued vided services to such aliens in accordance with scribed in section 101(a)(15)(F) who is admitted under the provisions of section 101(a)(15) (F), procedures established by the Secretary of as a student for study at a private elementary (J), or (M) of the Immigration and Nationality Health and Human Services, after consultation school or private secondary school and who does Act. With respect to visas issued under the pro- with the Attorney General and State and local not remain enrolled, throughout the duration of visions of section 101(a)(15)(J), this subsection officials. his or her elementary or secondary school edu- shall not apply to those ‘J’ visa holders whose (c) ADMINISTRATION.—This section shall be cation in the United States, at either (A) such a presence in the United States is sponsored by administered by the Attorney General, in con- private school, or (B) a public elementary or the United States Government. ‘‘(2) The Attorney General shall impose and sultation with the Secretary of Health and public secondary school (if (I) the alien is in collect a fee on all changes of nonimmigrant sta- Human Services. fact reimbursing such public elementary or pub- (d) EFFECTIVE DATE.—This section shall not tus under section 248 to such classifications. lic secondary school for the full, unsubsidized apply to emergency medical services furnished This subsection shall not apply to those ‘J’ visa per-capita cost of providing education at such before October 1, 1995. holders whose presence in the United States is school to an individual pursing such a course of sponsored by the United States Government. SEC. 213. PILOT PROGRAMS. study, or (II) the school waives such reimburse- ‘‘(3) Except as provided in section 205(g)(2) of (a) ADDITIONAL COMMUTER BORDER CROSSING ment), is deportable.’’. the Immigration Reform Act of 1996, the amount FEES PILOT PROJECTS.—In addition to the land (d) EFFECTIVE DATE.—This section shall be- of the fees imposed and collected under para- border fee pilot projects extended by the fourth come effective 1 day after the date of enactment. graphs (1) and (2) shall be the amount which proviso under the heading ‘‘ Immigration and SEC. 215. PILOT PROGRAM TO COLLECT INFORMA- Naturalization Service, Salaries and Expenses’’ TION RELATING TO NONIMMIGRANT the Attorney General and the Secretary jointly of Public Law 103–121, the Attorney General FOREIGN STUDENTS. determine is necessary to recover the costs of may establish another such pilot project on the (a) IN GENERAL.—(1) The Attorney General conducting the information-collection program northern land border and another such pilot and the Secretary of State shall jointly develop described in subsection (a), but may not exceed project on the southern land border of the and conduct a pilot program to collect electroni- $100. United States. cally from approved colleges and universities in ‘‘(4) Funds collected under paragraph (1) shall be available to the Attorney General and (b) AUTOMATED PERMIT PILOT PROJECTS.— the United States the information described in The Attorney General and the Commissioner of subsection (c) with respect to aliens who— the Secretary, without regard to appropriation Customs are authorized to conduct pilot projects (A) have the status, or are applying for the Acts and without fiscal year limitation, to sup- to demonstrate— status, of nonimmigrants under section plement funds otherwise available to the De- (1) the feasibility of expanding port of entry 101(a)(15) (F), (J), or (M) of the Immigration partment of Justice and the Department of hours at designated ports of entry on the United and Nationality Act (8 U.S.C. 1101(a)(15) (F), State, respectively.’’. (3) The amendments made by paragraphs (1) States-Canada border; or (J), or (M)); and and (2) shall become effective April 1, 1997. (2) the use of designated ports of entry after (B) are nationals of the countries designated under subsection (b). (f) JOINT REPORT.—Not later than five years working hours through the use of card reading after the commencement of the pilot program es- machines or other appropriate technology. (2) The pilot program shall commence not later than January 1, 1998. tablished under subsection (a), the Attorney SEC. 214. USE OF PUBLIC SCHOOLS BY NON- (b) COVERED COUNTRIES.—The Attorney Gen- General and the Secretary of State shall jointly IMMIGRANT FOREIGN STUDENTS. eral and the Secretary of State shall jointly des- submit to the Committees on the Judiciary of the (a) PERSONS ELIGIBLE FOR STUDENT VISAS.— ignate countries for purposes of subsection United States Senate and House of Representa- Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is (a)(1)(B). The Attorney General and the Sec- tives on the operations of the pilot program and amended— retary shall initially designate not less than five the feasibility of expanding the program to cover (1) in clause (i) by striking ‘‘academic high countries and may designate additional coun- the nationals of all countries. school, elementary school, or other academic in- tries at any time while the pilot program is being (g) WORLDWIDE APPLICABILITY OF THE PRO- stitution or in a language training program’’ conducted. GRAM.—(1)(A) Not later than six months after and inserting in lieu thereof ‘‘public elementary (c) INFORMATION TO BE COLLECTED.— the submission of the report required by sub- or public secondary school (if the alien shows to (1) IN GENERAL.—The information for collec- section (f), the Secretary of State and the Attor- the satisfaction of the consular officer at the tion under subsection (a) consists of— ney General shall jointly commence expansion time of application for a visa, or of the Attorney (A) the identity and current address in the of the pilot program to cover the nationals of all General at the time of application for admission United States of the alien; countries. or adjustment of status, that (I) the alien will in (B) the nonimmigrant classification of the (B) Such expansion shall be completed not fact reimburse such public elementary or public alien and the date on which a visa under the later than one year after the date of the submis- secondary school for the full, unsubsidized per- classification was issued or extended or the date sion of the report referred to in subsection (f). capita cost of providing education at such on which a change to such classification was (2) After the program has been expanded, as school to an individual pursuing such a course approved by the Attorney General; and provided in paragraph (1), the Attorney General

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4754 CONGRESSIONAL RECORD — SENATE May 6, 1996 and the Secretary of State may, on a periodic entry is convicted of a crime of domestic violence the amount of financial assistance is based on basis, jointly revise the amount of the fee im- is deportable. the percentage of the total number of members posed and collected under section 281(b) of the ‘‘(ii) Any alien who at any time after entry of the family that are eligible for that assistance Immigration and Nationality Act in order to engages in conduct that violates the portion of under the program of financial assistance and take into account changes in the cost of car- a protection order that involves protection under this section.’’; and rying out the program. against credible threats of violence, repeated (3) in subparagraph (B)— (h) DEFINITION.—As used in this section, the harassment, or bodily injury to the person or (A) by striking ‘‘6-month period’’ and all that phrase ‘‘approved colleges and universities’’ persons for whom the protection order was follows through the end of the subparagraph means colleges and universities approved by the issued is deportable. and inserting ‘‘single 3-month period.’’; Attorney General, in consultation with the Sec- ‘‘(iii) Any alien who at any time after entry is (B) by inserting ‘‘(i)’’ after ‘‘(B)’’; retary of Education, under subparagraph (F), convicted of a crime of stalking is deportable. (C) by striking ‘‘Any deferral’’ and inserting (J), or (M) of section 101(a)(15) of the Immigra- ‘‘(iv) Any alien who at any time after entry is the following: tion and Nationality Act (8 U.S.C. 1101(a)(15)). convicted of a crime of child abuse, child sexual ‘‘(ii) Except as provided in clause (iii) and abuse, child neglect, or child abandonment is subject to clause (iv), any deferral’’; and SEC. 216. FALSE CLAIMS OF UNITED STATES CITI- (D) by adding at the end the following new ZENSHIP. deportable. ‘‘(F) CRIMES OF SEXUAL VIOLENCE.—Any alien clauses: (a) EXCLUSION OF ALIENS WHO HAVE FALSELY ‘‘(iii) The time period described in clause (ii) who at any time after entry is convicted of a CLAIMED UNITED STATES CITIZENSHIP.—Section shall not apply in the case of a refugee under crime of rape, aggravated sodomy, aggravated 212(a)(9) (8 U.S.C. 1182(a)(9)) is amended by section 207 of the Immigration and Nationality sexual abuse, sexual abuse, abusive sexual con- adding at the end the following new subpara- Act or an individual seeking asylum under sec- tact, or other crime of sexual violence is deport- graph: tion 208 of that Act. able.’’. ‘‘(D) FALSELY CLAIMING CITIZENSHIP.—Any ‘‘(iv) The time period described in clause (ii) (b) DEFINITIONS.—Section 101(a) (8 U.S.C. alien who falsely represents, or has falsely rep- shall be extended for a period of 1 month in the 1101(a)) is amended by adding at the end the resented, himself to be a citizen of the United case of any individual who is provided, upon re- following new paragraphs: States is excludable.’’. quest, with a hearing under this section.’’. (b) DEPORTATION OF ALIENS WHO HAVE ‘‘(47) The term ‘crime of domestic violence’ means any felony or misdemeanor crime of vio- SEC. 224. VERIFICATION OF IMMIGRATION STA- FALSELY CLAIMED UNITED STATES CITIZEN- TUS AND ELIGIBILITY FOR FINAN- SHIP.—Section 241(a) (8 U.S.C. 1251(a)) is lence committed by a current or former spouse of CIAL ASSISTANCE. amended by adding at the end the following the victim, by a person with whom the victim Section 214(d) of the Housing and Community new paragraph: shares a child in common, by a person who is Development Act of 1980 (42 U.S.C. 1436a(d)) is ‘‘(6) FALSELY CLAIMING CITIZENSHIP.—Any cohabiting with or has cohabited with the victim amended— alien who falsely represents, or has falsely rep- as a spouse, by a person similarly situated to a (1) in the matter preceding paragraph (1), by resented, himself to be a citizen of the United spouse of the victim under the domestic or fam- inserting ‘‘or to be’’ after ‘‘being’’; States is deportable.’’. ily violence laws of the jurisdiction where the (2) in paragraph (1)(A), by adding at the end SEC. 217. VOTING BY ALIENS. offense occurs, or by any other adult person the following: ‘‘If the declaration states that the against a victim who is protected from that per- (a) CRIMINAL PENALTY FOR VOTING BY ALIENS individual is not a citizen or national of the son’s acts under the domestic or family violence IN FEDERAL ELECTION.—Title 18, United States United States and that the individual is young- Code, is amended by adding the following new laws of the United States or any State, Indian er than 62 years of age, the declaration shall be section: tribal government, or unit of local government. verified by the Immigration and Naturalization ‘‘(48) The term ‘protection order’ means any Service. If the declaration states that the indi- ‘‘§ 611. Voting by aliens injunction issued for the purpose of preventing vidual is a citizen or national of the United ‘‘(a) It shall by unlawful for any alien to vote violent or threatening acts of domestic violence, States, the Secretary of Housing and Urban De- in any election held solely or in part for the including temporary or final orders issued by velopment, or the agency administering assist- purpose of electing a candidate for the office of civil or criminal courts (other than support or ance covered by this section, may request President, Vice President, Presidential elector, child custody orders or provisions) whether ob- verification of the declaration by requiring pres- Member of the Senate, Member of the House of tained by filing an independent action or as a entation of documentation that the Secretary Representatives, Delegate from the District of pendente lite order in another proceeding.’’. considers appropriate, including a United Columbia, or Resident Commissioner, unless— (c) EFFECTIVE DATE.—This section will become States passport, resident alien card, alien reg- ‘‘(1) the election is held partly for some other effective one day after the date of enactment of istration card, social security card, or other doc- purpose; the Act. umentation.’’; ‘‘(2) aliens are authorized to vote for such Subtitle C—Housing Assistance (3) in paragraph (2)— other purpose under a State constitution or stat- SEC. 221. SHORT TITLE. (A) in the matter preceding subparagraph (A), ute or a local ordinance; and by striking ‘‘on the date of the enactment of the ‘‘(3) voting for such other purpose is con- This subtitle may be cited as the ‘‘Use of As- sisted Housing by Aliens Act of 1996’’. Housing and Community Development Act of ducted independently of voting for a candidate 1987’’ and inserting ‘‘on the date of enactment for such Federal offices, in such a manner that SEC. 222. PRORATING OF FINANCIAL ASSISTANCE. of the Use of Assisted Housing by Aliens Act of an alien has the opportunity to vote for such Section 214(b) of the Housing and Community 1996 or applying for financial assistance on or other purpose, but not an opportunity to vote Development Act of 1980 (42 U.S.C. 1436a(b)) is after that date’’; and for a candidate for any one or more of such amended— (B) by adding at the end the following: (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and Federal offices. ‘‘In the case of an individual applying for fi- (2) by adding at the end the following new ‘‘(b) Any person who violates this section nancial assistance on or after the date of enact- shall be fined not more than $5,000 or impris- paragraph: ‘‘(2) If the eligibility for financial assistance ment of the Use of Assisted Housing by Aliens oned not more than one year or both.’’. Act of 1996, the Secretary may not provide any (b) EXCLUSION OF ALIENS WHO HAVE UNLAW- of at least one member of a family has been af- firmatively established under the program of fi- such assistance for the benefit of that individual FULLY VOTED.—Section 212(a) (8 U.S.C. 1182(a)) before documentation is presented and verified is amended by adding at the end the following nancial assistance and under this section, and the ineligibility of one or more family members under paragraph (3) or (4).’’; new paragraph: (4) in paragraph (4)— ‘‘(9) UNLAWFUL VOTERS.—Any alien who has has not been affirmatively established under (A) in the matter preceding subparagraph (A), voted in violation of any Federal, State, or local this section, any financial assistance made by striking ‘‘on the date of the enactment of the constitutional provision, statute, ordinance, or available to that family by the Secretary of Housing and Community Development Act of regulation is excludable.’’. Housing and Urban Development shall be pro- 1987’’ and inserting ‘‘on the date of enactment (c) DEPORTATION OF ALIENS WHO HAVE UN- rated, based on the number of individuals in the of the Use of Assisted Housing by Aliens Act of LAWFULLY VOTED.—Section 241(a) (8 U.S.C. family for whom eligibility has been affirma- 1996 or applying for financial assistance on or 1251(a)) is amended by adding at the end the tively established under the program of finan- after that date’’; following new paragraph: cial assistance and under this section, as com- (B) in subparagraph (A)— ‘‘(6) UNLAWFUL VOTERS.—Any alien who has pared with the total number of individuals who (i) in clause (i)— voted in violation of any Federal, State, or local are members of the family.’’. (I) by inserting ‘‘, not to exceed 30 days,’’ constitutional provision, statute, ordinance, or SEC. 223. ACTIONS IN CASES OF TERMINATION OF after ‘‘reasonable opportunity’’; and regulation is deportable.’’. FINANCIAL ASSISTANCE. (II) by striking ‘‘and’’ at the end; and SEC. 218. EXCLUSION GROUNDS FOR OFFENSES Section 214(c)(1) of the Housing and Commu- (ii) by striking clause (ii) and inserting the OF DOMESTIC VIOLENCE, STALKING, nity Development Act of 1980 (42 U.S.C. following: CRIMES AGAINST CHILDREN, AND 1436a(c)(1)) is amended— ‘‘(ii) in the case of any individual receiving CRIMES OF SEXUAL VIOLENCE. (1) in the matter preceding subparagraph (A), assistance on the date of enactment of the Use (a) IN GENERAL.—Section 241(a)(2) (8 U.S.C. by striking ‘‘may, in its discretion,’’ and insert- of Assisted Housing by Aliens Act of 1996, may 1251(a)(2)) is amended by adding at the end the ing ‘‘shall’’; not delay, deny, reduce, or terminate the eligi- following: (2) in subparagraph (A), by adding at the end bility of that individual for financial assistance ‘‘(E) DOMESTIC VIOLENCE, VIOLATION OF PRO- the following: ‘‘Financial assistance continued on the basis of the immigration status of that in- TECTION ORDER, CRIMES AGAINST CHILDREN AND under this subparagraph for a family may be dividual until the expiration of that 30-day pe- STALKING.—(i) Any alien who at any time after provided only on a prorated basis, under which riod; and

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4755

‘‘(iii) in the case of any individual applying which the public housing agency determines (c) DURATION AND TERMINATION OF DESIGNA- for financial assistance on or after the date of that such eligibility is in question, regardless of TION OF PILOT PROGRAM COUNTRIES.—Section enactment of the Use of Assisted Housing by whether or not that individual or family is at or 217, as amended by this section, is further Aliens Act of 1996, may not deny the application near the top of the waiting list of the public amended by adding at the end the following: for such assistance on the basis of the immigra- housing agency; ‘‘(g) DURATION AND TERMINATION OF DESIGNA- tion status of that individual until the expira- ‘‘(ii) may affirmatively establish or verify the TION.— tion of that 30-day period; and’’; and eligibility of an individual or family under this ‘‘(1) PROGRAM COUNTRIES.—(A) Upon deter- (C) in subparagraph (B), by striking clause section in accordance with the procedures set mination by the Attorney General that a visa (ii) and inserting the following: forth in section 274A(b)(1) of the Immigration waiver program country’s disqualification rate ‘‘(ii) pending such verification or appeal, the and Nationality Act; and is 2 percent or more, the Attorney General shall Secretary may not— ‘‘(iii) shall have access to any relevant infor- notify the Secretary of State. ‘‘(I) in the case of any individual receiving as- mation contained in the SAVE system (or any ‘‘(B) If the program country’s disqualification sistance on the date of enactment of the Use of successor thereto) that relates to any individual rate is greater than 2 percent but less than 3.5 Assisted Housing by Aliens Act of 1996, delay, or family applying for financial assistance. percent, the Attorney General and the Secretary deny, reduce, or terminate the eligibility of that ‘‘(3) ELIGIBILITY OF FAMILIES.—For purposes of State shall place the program country in pro- individual for financial assistance on the basis of this subsection, with respect to a family, the bationary status for a period not to exceed 3 full of the immigration status of that individual; term ‘eligibility’ means the eligibility of each fiscal years following the year in which the des- and family member.’’. ignation of the country as a pilot program coun- ‘‘(II) in the case of any individual applying SEC. 227. REGULATIONS. try is made. for financial assistance on or after the date of (a) ISSUANCE.—Not later than the 60 days ‘‘(C) If the program country’s disqualification enactment of the Use of Assisted Housing by after the date of enactment of this Act, the Sec- rate is 3.5 percent or more, the Attorney General Aliens Act of 1996, deny the application for such retary of Housing and Urban Development shall and the Secretary of State, acting jointly, shall assistance on the basis of the immigration status issue any regulations necessary to implement terminate the country’s designation effective at of that individual; and’’; the amendments made by this part. Such regula- the beginning of the second fiscal year following (5) in paragraph (5), by striking ‘‘status—’’ tions shall be issued in the form of an interim the fiscal year in which the determination is and all that follows through the end of the final rule, which shall take effect upon issuance made. paragraph and inserting the following: ‘‘status, and shall not be subject to the provisions of sec- ‘‘(2) END OF PROBATIONARY STATUS.—(A) If the Secretary shall— tion 533 of title 5, United States Code, regarding ‘‘(A) deny the application of that individual the Attorney General and the Secretary of State, notice or opportunity for comment. acting jointly, determine at the end of the pro- for financial assistance or terminate the eligi- (b) FAILURE TO ISSUE.—If the Secretary fails bility of that individual for financial assistance, bationary period described in subparagraph (B) to issue the regulations required under sub- that the program country’s disqualification rate as applicable; and section (a) before the date specified in that sub- ‘‘(B) provide to the individual written notice is less than 2 percent, they shall redesignate the section, the regulations relating to restrictions country as a program country. of the determination under this paragraph and on assistance to noncitizens, contained in the the right to a fair hearing process.’’; and ‘‘(B) If the Attorney General and the Sec- final rule issued by the Secretary of Housing retary of State, acting jointly, determine at the (6) by striking paragraph (6) and inserting the and Urban Development in RIN–2501–AA63 following: end of the probationary period described in sub- (Docket No. R–95–1409; FR–2383–F–050), pub- paragraph (B) that a visa waiver country has— ‘‘(6) The Secretary shall terminate the eligi- lished in the Federal Register on March 20, 1995 bility for financial assistance of an individual ‘‘(i) failed to develop a machine readable pass- (Vol. 60, No. 53; pp. 14824–14861), shall not apply port program as required by subparagraph (C) and the members of the household of the indi- after that date. vidual, for a period of not less than 24 months, of subsection (c)(2), or upon determining that such individual has Subtitle D—Effective Dates ‘‘(ii) has a disqualification rate of 2 percent or knowingly permitted another individual who is SEC. 231. EFFECTIVE DATES. more, not eligible for such assistance to reside in the (a) IN GENERAL.—Except as provided in sub- then the Attorney General and the Secretary of public or assisted housing unit of the indi- section (b) or as otherwise provided in this title, State shall jointly terminate the designation of vidual. This provision shall not apply to a fam- this title and the amendments made by this title the country as a visa waiver program country, ily if the ineligibility of the ineligible individual shall take effect on the date of the enactment of effective at the beginning of the first fiscal year at issue was considered in calculating any pro- this Act. following the fiscal year in which in the deter- ration of assistance provided for the family.’’. (b) BENEFITS.—The provisions of sections 201 mination is made. SEC. 225. PROHIBITION OF SANCTIONS AGAINST and 204 shall apply to benefits and to applica- ‘‘(3) DISCRETIONARY TERMINATION.—Notwith- ENTITIES MAKING FINANCIAL AS- tions for benefits received on or after the date of standing any other provision of this section, the SISTANCE ELIGIBILITY DETERMINA- the enactment of this Act. Attorney General and the Secretary of State, TIONS. TITLE III—MISCELLANEOUS PROVISIONS acting jointly, may for any reason (including Section 214(e) of the Housing and Community national security or failure to meet any other Development Act of 1980 (42 U.S.C. 1436a(e)) is SEC. 301. CHANGES REGARDING VISA APPLICA- TION PROCESS. requirement of this section), at any time, rescind amended— any waiver under subsection (a) or terminate (1) in paragraph (2), by adding ‘‘or’’ at the (a) NONIMMIGRANT APPLICATIONS.—Section 222(c) (8 U.S.C. 1202(c)) is amended— any designation under subsection (c), effective end; upon such date as they shall jointly determine. (2) in paragraph (3), by adding at the end the (1) by striking all that follows after ‘‘United States;’’ through ‘‘marital status;’’; and ‘‘(4) EFFECTIVE DATE OF TERMINATION.—Na- following: ‘‘the response from the Immigration tionals of a country whose eligibility for the and Naturalization Service to the appeal of that (2) by adding at the end thereof the following: ‘‘At the discretion of the Secretary of State, ap- program is terminated by the Attorney General individual.’’; and and the Secretary of State, acting jointly, may (3) by striking paragraph (4). plication forms for the various classes of non- continue to have paragraph (7)(B)(i)(II) of sec- SEC. 226. ELIGIBILITY FOR PUBLIC AND ASSISTED immigrant admissions described in section 101(a)(15) may vary according to the class of tion 212(a) waived, as authorized by subsection HOUSING. (a), until the country’s termination of designa- Section 214 of the Housing and Community visa being requested.’’. (b) DISPOSITION OF APPLICATIONS.—Section tion becomes effective as provided in this sub- Development Act of 1980 (42 U.S.C. 1436a) is section. amended by adding at the end the following 222(e) (8 U.S.C. 1202(e)) is amended— ‘‘(5) NONAPPLICABILITY OF CERTAIN PROVI- new subsection: (1) in the first sentence, by striking ‘‘required SIONS.—Paragraphs (1)(C) and (3) shall not ‘‘(h) VERIFICATION OF ELIGIBILITY.— by this section’’ and inserting ‘‘for an immi- apply unless the total number of nationals of a ‘‘(1) IN GENERAL.—Except in the case of an grant visa’’; and designated country, as described in paragraph election under paragraph (2)(A), no individual (2) in the third sentence— (6)(A), is in excess of 100. or family applying for financial assistance may (A) by inserting ‘‘or other document’’ after receive such financial assistance prior to the af- ‘‘stamp,’’; and ‘‘(6) DEFINITION.—For purposes of this sub- firmative establishment and verification of eligi- (B) by striking ‘‘by the consular officer’’. section, the term ‘disqualification rate’ means bility of that individual or family under this SEC. 302. VISA WAIVER PROGRAM. the ratio of— section by the Secretary or other appropriate en- (a) EXTENSION OF PROGRAM.—Section 217(f) (8 ‘‘(A) the total number of nationals of the visa tity. U.S.C. 1187(f)) is amended by striking ‘‘1996’’ waiver program country— ‘‘(2) RULES APPLICABLE TO PUBLIC HOUSING and inserting ‘‘1998’’. ‘‘(i) who were excluded from admission or AGENCIES.—A public housing agency (as that (b) REPEAL OF PROBATIONARY PROGRAM.—(1) withdrew their application for admission during term is defined in section 3 of the United States Section 217(g) (8 U.S.C. 1187(g)) is repealed. the most recent fiscal year for which data is Housing Act of 1937)— (2) A country designated as a pilot program available, and ‘‘(A) may elect not to comply with this sec- country with probationary status under section ‘‘(ii) who were admitted as nonimmigrant visi- tion; and 217(g) of the Immigration and Nationality Act tors during such fiscal year and who violated ‘‘(B) in complying with this section— (as in effect prior to the date of enactment of the terms of such admission, to ‘‘(i) may initiate procedures to affirmatively this Act) shall be subject to paragraphs (3) and ‘‘(B) the total number of nationals of that establish or verify the eligibility of an individual (4) of that subsection as if such paragraphs country who applied for admission as non- or family under this section at any time at were not repealed. immigrant visitors during such fiscal year.’’.

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4756 CONGRESSIONAL RECORD — SENATE May 6, 1996 SEC. 303. TECHNICAL AMENDMENT. (1) American democracy performs best when submit to the Congress a preliminary report of Section 212(d)(11) of the Immigration and Na- the maximum number of people subject to its the findings of the investigation conducted pur- tionality Act (8 U.S.C. 1182(d)(11)) is amended laws participate in the political process, at all suant to subsection (a) and shall submit to the by inserting a ‘‘comma’’ after ‘‘(4) thereof)’’. levels of government. Congress a final report within 275 days after the SEC. 304. CRIMINAL PENALTIES FOR HIGH (2) Citizenship actively exercised will better submission of the preliminary report. SPEED FLIGHTS FROM IMMIGRATION assure that individuals both assert their rights SEC. 309. DESIGNATION OF A UNITED STATES CHECKPOINTS. and fulfill their responsibilities of membership CUSTOMS ADMINISTRATIVE BUILD- (a) FINDINGS.—Congress makes the following within our political community, thereby bene- ING. findings: fiting all citizens and residents of the United (a) DESIGNATION.—The United States Customs (1) Immigration checkpoints are an important States. Administrative Building at the Ysleta/Zaragosa component of the national strategy to prevent il- (3) A number of private and charitable organi- Port of Entry located at 797 South Zaragosa legal immigration. zations assist in promoting citizenship, and the Road in El Paso, Texas, shall be known and (2) Individuals fleeing immigration check- Senate urges them to continue to do so. designated as the ‘‘Timothy C. McCaghren Cus- points and leading law enforcement officials on (b) DEMONSTRATION PROJECTS.—The Attorney toms Administrative Building’’. high speed vehicle chases endanger law enforce- General shall make available funds under this (b) REFERENCES.—Any reference in a law, ment officers, innocent bystanders, and the flee- section, in each of 5 consecutive years (begin- map, regulation, document, paper, or other ing individuals themselves. ning with 1996), to the Immigration and Natu- (3) The pursuit of suspects fleeing immigration record of the United States to the building re- checkpoints is complicated by overlapping juris- ralization Service or to other public or private ferred to in section 1 shall be deemed to be a ref- diction among Federal, State, and local law en- nonprofit entities to support demonstration erence to the ‘‘Timothy C. McCaghren Customs forcement officers. projects under this section at 10 sites throughout Administrative Building’’. (b) HIGH SPEED FLIGHT FROM BORDER the United States. Each such project shall be de- SEC. 310. WAIVER OF FOREIGN COUNTRY RESI- C HECKPOINTS.—Chapter 35 of title 18, United signed to provide for the administration of the DENCE REQUIREMENT WITH RE- States Code, is amended by inserting the fol- oath of allegiance (under section 337(a) of the SPECT TO INTERNATIONAL MEDICAL lowing new section: Immigration and Nationality Act) on a business GRADUATES. day around the 4th of July for approximately (a) EXTENSION OF WAIVER PROGRAM.—Section ‘‘§ 758. High speed flight from immigration 500 people whose application for naturalization 220(c) of the Immigration and Nationality Tech- checkpoint has been approved. Each project shall provide nical Corrections Act of 1994 (8 U.S.C. 1182 note) ‘‘(a) Whoever flees or evades a checkpoint op- for appropriate outreach and ceremonial and is amended by striking ‘‘June 1, 1996’’ and in- erated by the Immigration and Naturalization celebratory activities. serting ‘‘June 1, 2002’’. Service or any other Federal law enforcement (c) SELECTION OF SITES.—The Attorney Gen- (b) CONDITIONS ON FEDERALLY REQUESTED agency in a motor vehicle after entering the eral shall, in the Attorney General’s discretion, WAIVERS.—Section 212(e) of the Immigration United States and flees Federal, State, or local select diverse locations for sites on the basis of and Nationality Act (8 U.S.C. 1184(e)) is amend- law enforcement agents in excess of the legal the number of naturalization applicants living ed by inserting after ‘‘except that in the case of speed limit shall be imprisoned not more than in proximity to each site and on the degree of a waiver requested by a State Department of five years.’’. local community participation and support in Public Health or its equivalent’’ the following: ROUNDS FOR DEPORTATION.—Section (c) G ‘‘or in the case of a waiver requested by an in- 241(a)(2)(A) (8 U.S.C. 1251(a)(2)(A)) of title 8, the project to be held at the site. Not more than terested United States Government agency on United States Code, is amended by inserting the 2 sites may be located in the same State. The At- behalf of an alien described in clause (iii)’’. following new subsection: torney General should consider changing the (c) RESTRICTIONS ON FEDERALLY REQUESTED ‘‘(v) HIGH SPEED FLIGHT.—Any alien who is sites selected from year to year. WAIVERS.—Section 214(k) (8 U.S.C. 1184(k)) is convicted of high speed flight from a checkpoint (d) AMOUNTS AVAILABLE; USE OF FUNDS.— amended to read as follows: (as defined by section 758(a) of chapter 35) is de- (1) AMOUNT.—The amount that may be made ‘‘(k)(1) In the case of a request by an inter- portable.’’. available under this section with respect to any single site for a year shall not exceed $5,000. ested State agency or by an interested United SEC. 305. CHILDREN BORN ABROAD TO UNITED STATES CITIZEN MOTHERS; TRANS- (2) USE.—Funds provided under this section States Government agency for a waiver of the MISSION REQUIREMENTS. may only be used to cover expenses incurred two-year foreign residence requirement under (a) AMENDMENTS TO IMMIGRATION AND NA- carrying out symbolic swearing-in ceremonies at section 212(e) with respect to an alien described TIONALITY ACT TECHNICAL CORRECTIONS ACT OF the demonstration sites, including expenses in clause (iii) of that section, the Attorney Gen- 1994.—Section 101(d) of the Immigration and for— eral shall not grant such waiver unless— Nationality Technical Corrections Act of 1994 (A) cost of personnel of the Immigration and ‘‘(A) in the case of an alien who is otherwise (Public Law 103–416) is amended to read as fol- Naturalization Service (including travel and contractually obligated to return to a foreign lows: overtime expenses), country, the government of such country fur- ‘‘(d) APPLICABILITY OF TRANSMISSION RE- (B) local outreach, nishes the Director of the United States Infor- QUIREMENTS.—Notwithstanding this section and (C) rental of space, and mation Agency with a statement in writing that the amendments made by this section, any pro- (D) costs of printing appropriate brochures it has no objection to such waiver; and vision of law relating to residence or physical and other information about the ceremonies. ‘‘(B)(i) in the case of a request by an inter- presence in the United States for purposes of (3) AVAILABILITY OF FUNDS.—Funds that are ested State agency— transmitting United States citizenship shall otherwise available to the Immigration and Nat- ‘‘(I) the alien demonstrates a bona fide offer apply to any person whose claim of citizenship uralization Service to carry out naturalization of full-time employment, agrees to begin employ- is based on the amendment made by subsection activities (including funds in the Immigration ment with the health facility or organization (a), and to any person through whom such a Examinations Fee Account, under section 286(n) named in the waiver application within 90 days claim of citizenship is derived.’’. of the Immigration and Nationality Act) shall be of receiving such waiver, and agrees to work for (b) EFFECTIVE DATE.—The amendment made available under this section. a total of not less than three years (unless the by this section shall be deemed to have become (e) APPLICATION.—In the case of an entity Attorney General determines that extenuating effective as of the date of enactment of the Im- other than the Immigration and Naturalization circumstances exist, such as closure of the facil- migration and Nationality Technical Correc- Service seeking to conduct a demonstration ity or hardship to the alien would justify a less- tions Act of 1994. project under this section, no amounts may be er period of time); and SEC. 306. FEE FOR DIVERSITY IMMIGRANT LOT- made available to the entity under this section ‘‘(II) the alien’s employment continues to ben- TERY. unless an appropriate application has been efit the public interest; or The Secretary of State may establish a fee to made to, and approved by, the Attorney Gen- ‘‘(ii) in the case of a request by an interested be paid by each immigrant issued a visa under eral, in a form and manner specified by the At- United States Government agency— subsection (c) of section 203 of the Immigration torney General. ‘‘(I) the alien demonstrates a bona fide offer and Nationality Act (8 U.S.C. 1153(c)). Such fee (f) STATE DEFINED.—For purposes of this sec- of full-time employment that has been found to may be set at a level so as to cover the full cost tion, the term ‘‘State’’ has the meaning given be in the public interest, agrees to begin employ- to the Department of State of administering that such term in section 101(a)(36) of the Immigra- ment with the health facility or organization subsection, including the cost of processing all tion and Nationality Act (8 U.S.C. 1101(a)(36)). named in the waiver application within 90 days applications thereunder. All such fees collected SEC. 308. REVIEW OF CONTRACTS WITH ENGLISH of receiving such waiver, and agrees to work for shall be deposited as an offsetting collection to AND CIVICS TEST ENTITIES. a total of not less than three years (unless the any Department of State appropriation and (a) IN GENERAL.—The Attorney General of the Attorney General determines that extenuating shall remain available for obligation until ex- United States shall investigate and submit a re- circumstances exist, such as closure of the facil- pended. The provisions of the Act of August 18, port to the Congress regarding the practices of ity or hardship to the alien would justify a less- 1856 (Rev. Stat. 1726–28; 22 U.S.C. 4212–14), con- test entities authorized to administer the er period of time); and cerning accounting for consular fees, shall not English and civics tests pursuant to section ‘‘(II) the alien’s employment continues to ben- apply to fees collected pursuant to this section. 312.3(a) of title 8, Code of Federal Regulations. efit the public interest; SEC. 307. SUPPORT OF DEMONSTRATION The report shall include any findings of fraudu- ‘‘(C) in the case of a request by an interested PROJECTS FOR NATURALIZATION lent practices by the testing entities. State agency, the alien agrees to practice medi- CEREMONIES. (b) PRELIMINARY AND FINAL REPORTS.—Not cine in accordance with paragraph (2) for a (a) FINDINGS.—The Congress makes the fol- later than 90 days after the date of the enact- total of not less than three years only in the ge- lowing findings: ment of this Act, the Attorney General shall ographic area or areas which are designated by

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4757 the Secretary of Health and Human Services as (3) Although many of these mail-order mar- international matchmaking organization for the having a shortage of health care professionals; riages work out, in many other cases, anecdotal purpose of providing dating, matrimonial, or so- and evidence suggests that mail-order brides often cial referral services to United States citizens or ‘‘(D) in the case of a request by an interested find themselves in abusive relationships. There permanent resident aliens. State agency, the grant of such a waiver would is also evidence to suggest that a substantial SEC. 313. APPROPRIATIONS FOR CRIMINAL ALIEN not cause the number of waivers allotted for number of mail-order marriages constitute mar- TRACKING CENTER. that State for that fiscal year to exceed 20. riage fraud under United States law. Section 130002(b) of the Violent Crime Control ‘‘(2)(A) Notwithstanding section 248(2) the At- (4) Many mail-order brides come to the United and Law Enforcement Act of 1994 (8 U.S.C. 1252 torney General may change the status of an States unaware or ignorant of United States im- note) is amended— alien that qualifies under this subsection and migration law. Mail-order brides who are bat- (1) by inserting ‘‘and’’ after ‘‘1996;’’, and section 212(e) to that of an alien described in tered spouses often think that if they flee an (2) by striking paragraph (2) and all that fol- section 101(a)(15)(H)(i)(b). abusive marriage, they will be deported. Often lows through the end period and inserting the ‘‘(B) No person who has obtained a change of the citizen spouse threatens to have them de- following: status under subparagraph (A) and who has ported if they report the abuse. ‘‘(2) $5,000,000 for each of fiscal years 1997 failed to fulfill the terms of the contract with (5) The Immigration and Naturalization Serv- through 2001.’’. the health facility or organization named in the ice estimates the rate of marriage fraud between waiver application shall be eligible to apply for foreign nationals and United States citizens or SEC. 314. BORDER PATROL MUSEUM an immigrant visa, for permanent residence, or legal permanent residents as eight percent. It is (a) AUTHORITY.—Notwithstanding section 203 for any other change of nonimmigrant status unclear what percent of those marriage fraud of the Federal Property and Administrative until it is established that such person has re- cases originated as mail-order marriages. Services Act of 1949 (40 U.S.C. 484) or any other sided and been physically present in the country (b) INFORMATION DISSEMINATION.—Each inter- provision of law, the Attorney General is au- of his nationality or his last residence for an ag- national matchmaking organization doing busi- thorized to transfer and convey to the Border gregate of at least two years following departure ness in the United States shall disseminate to re- Patrol Museum and Memorial Library Founda- from the United States. cruits, upon recruitment, such immigration and tion, incorporated in the State of Texas, such ‘‘(3) Notwithstanding any other provisions of naturalization information as the Immigration equipment, artifacts, and memorabilia held by this subsection, the two-year foreign residence and Naturalization Service deems appropriate, the Immigration and Naturalization Service, as requirement under section 212(e) shall apply in the recruit’s native language, including in- the Attorney General may determine is nec- with respect to an alien in clause (iii) of that formation regarding conditional permanent resi- essary to further the purposes of the Museum section who has not otherwise been accorded dence status, permanent resident status, the and Foundation. status under section 101(a)(27)(H)— battered spouse waiver of conditional permanent (b) TECHNICAL ASSISTANCE.—The Attorney ‘‘(A) in the case of a request by an interested resident status requirement, marriage fraud pen- General is authorized to provide technical as- State agency, if at any time the alien practices alties, immigrants’ rights, the unregulated na- sistance, through the detail of personnel of the medicine in an area other than an area de- ture of the business, and the study mandated in Immigration and Naturalization Service, to the scribed in paragraph (1)(C); and subsection (c). Border Patrol Museum and Memorial Library ‘‘(B) in the case of a request by an interested (c) STUDY.—The Attorney General, in con- Foundation for the purpose of demonstrating United States Government agency, if at any sultation with the Commissioner of Immigration the use of the items transferred under subsection time the alien engages in employment for a and Naturalization and the Violence Against (a). health facility or organization not named in the Women Office of the Department of Justice, SEC. 315. PILOT PROGRAMS TO PERMIT BONDING. waiver application.’’. shall conduct a study to determine, among other (a) IN GENERAL.—The Attorney General of the SEC. 311. CONTINUED VALIDITY OF LABOR CER- things— United States shall establish a pilot program in TIFICATIONS AND PETITIONS FOR (1) the number of mail-order marriages; PROFESSIONAL ATHLETES. 5 INS district offices (at least 2 of which are in (2) the extent of marriage fraud arising as a States selected for a demonstration project (a) LABOR CERTIFICATION.—Section 212(a)(5) result of the services provided by international is amended by adding at the end the following: under section 112 of this Act) to require aliens to matchmaking organizations; post a bond in lieu of the affidavit requirements ‘‘(D) PROFESSIONAL ATHLETES.—The labor cer- (3) the extent to which mail-order spouses uti- tification received for a professional athlete in section 203 of the Immigration Control and lize section 244(a)(3) of the Immigration and Na- Financial Responsibility Act of 1996 and the shall remain valid for that athlete after the ath- tionality Act providing for waiver of deportation lete changes employer if the new employer is a deeming requirements in section 204 of such Act. in the event of abuse, or section 204(a)(1)(A)(iii) Any pilot program established pursuant to this team in the same sport as the team which em- of such Act providing for self-petitioning for ployed the athlete when he first applied for subsection shall require an alien to post a bond permanent resident status; in an amount sufficient to cover the cost of ben- labor certification hereunder. For purposes of (4) the extent of domestic abuse in mail-order this subparagraph, the term ‘professional ath- efits for the alien and the alien’s dependents marriages; and under the programs described in section lete’ means an individual who is employed as an (5) the need for continued or expanded regula- athlete by a team that belongs to the National 241(a)(5)(D) of the Immigration and Nationality tion and education to implement the objectives Act (8 U.S.C. 1251(a)(5)(D)) and shall remain in Hockey League, the National Football League, of the Violence Against Women Act of 1994 in the National Basketball Association, Major effect until the alien and all members of the this area. alien’s family permanently depart from the League Baseball, or any minor league which is (d) REPORT.—Not later than one year after United States, are naturalized, or die. Suit on affiliated with one of the forgoing leagues.’’. the date of enactment of this Act, the Attorney any such bonds may be brought under the terms (b) PETITIONS.—Section 204(a)(1)(D) is amend- General shall submit a report to the Congress and conditions set forth in section 213 of the Im- ed by adding at the end the following new sen- setting forth the results of the study conducted migration and Nationality Act. tences: ‘‘A petition for a professional athlete under subsection (c). (b) REGULATIONS.—Not later than 180 days will remain valid for that athlete after the ath- (e) CIVIL PENALTY.—(1) The Attorney General after the date of the enactment of this Act, the lete changes employers provided that the new shall impose a civil penalty of not to exceed Attorney General shall issue regulations for es- employer is a team in the same sport as the team $20,000 for each violation of subsection (b). which employed the athlete when he first ap- (2) Any penalty under paragraph (1) may be tablishing the pilot programs, including— plied for labor certification hereunder. For pur- imposed only after notice and opportunity for (1) criteria and procedures for— poses of the preceding sentence, the term ‘pro- an agency hearing on the record in accordance (A) certifying bonding companies for partici- fessional athlete’ means an individual who is with sections 554 through 557 of title 5, United pation in the program, and employed as an athlete by a team that belongs States Code. (B) debarment of any such company that fails to the National Hockey League, the National (f) DEFINITIONS.—As used in this section: to pay a bond, and Football League, the National Basketball Asso- (1) INTERNATIONAL MATCHMAKING ORGANIZA- (2) criteria for setting the amount of the bond ciation, Major League Baseball, or any minor TION.—The term ‘‘international matchmaking to assure that the bond is in an amount that is league which is affiliated with one of the fore- organization’’ means a corporation, partner- not less than the cost of providing benefits going leagues.’’. ship, business, or other legal entity, whether or under the programs described in section SEC. 312. MAIL-ORDER BRIDE BUSINESS. not organized under the laws of the United 241(a)(5)(D) for the alien and the alien’s de- (a) CONGRESSIONAL FINDINGS.—The Congress States or any State, that does business in the pendents for 6 months. makes the following findings: United States and for profit offers to United (c) AUTHORIZATION OF APPROPRIATIONS.— (1) There is a substantial ‘‘mail-order bride’’ States citizens or permanent resident aliens, There are authorized to be appropriated such business in the United States. With approxi- dating, matrimonial, or social referral services to sums as may be necessary to carry out this sec- mately 200 companies in the United States, an nonresident, noncitizens, by— tion. estimated 2,000 to 3,500 American men find wives (A) an exchange of names, telephone numbers, (d) ANNUAL REPORTING REQUIREMENT.—The through mail-order bride catalogs each year. addresses, or statistics; Attorney General shall report annually to Con- However, there are no official statistics avail- (B) selection of photographs; or gress on the effectiveness of the pilot program, able on the number of mail-order brides entering (C) a social environment provided by the orga- once within 9 months and again within 1 year the United States each year. nization in a country other than the United and 9 months after the pilot program begins op- (2) The companies engaged in the mail-order States. erating. bride business earn substantial profits from their (2) RECRUIT.—The term ‘‘recruit’’ means a (e) SUNSET.—The pilot program shall sunset businesses. noncitizen, nonresident person, recruited by the after 2 years of operation.

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4758 CONGRESSIONAL RECORD — SENATE May 6, 1996 SEC. 316. MINIMUM STATE INS PRESENCE. (5) Any period of time for which the alien immigrant worker program to ensure that the (a) IN GENERAL.—Section 103 (8 U.S.C. 1103) is demonstrates good cause for remaining in the program provides a workable safety valve in the amended by adding at the end the following United States without the authorization of the event of future shortages of domestic workers new subsection: Attorney General. after the enactment of this Act. Among other ‘‘(e) The Attorney General shall ensure that SEC. 318. PASSPORTS ISSUED FOR CHILDREN things, the Comptroller General shall review the no State is allocated fewer than 10 full-time ac- UNDER 16. program to determine— tive duty agents of the Immigration and Natu- (a) IN GENERAL.—Section 1 of title IX of the (1) that the program ensures that an adequate ralization Service to carry out the enforcement, Act of June 15, 1917 (22 U.S.C. 213) is amended— supply of qualified United States workers is examinations, and inspections functions of the (1) by striking ‘‘Before’’ and insert ‘‘(a) IN available at the time and place needed for em- Service for the purposes of effective enforcement GENERAL.—Before’’, and ployers seeking such workers after the date of of the Immigration and Nationality Act.’’. (2) by adding at the end the following new enactment of this Act; (b) EFFECTIVE DATE.—The amendment made subsection: (2) that the program ensures that there is by subsection (a) shall take effect 90 days after ‘‘(b) PASSPORTS ISSUED FOR CHILDREN UNDER timely approval of applications for temporary the date of enactment of this Act. 16.— foreign workers under the H–2A nonimmigrant SEC. 317. DISQUALIFICATION FROM ATTAINING ‘‘(1) SIGNATURES REQUIRED.—In the case of a worker program in the event of shortages of NONIMMIGRANT OR PERMANENT child under the age of 16, the written applica- United States workers after the date of enact- RESIDENCE STATUS. tion required as a prerequisite to the issuance of ment of this Act; (a) DISAPPROVAL OF PETITIONS.—Section 204 a passport for such child shall be signed by— (3) that the program ensures that implementa- of the Immigration and Nationality Act (8 ‘‘(A) both parents of the child if the child lives tion of the H–2A nonimmigrant worker program U.S.C. 1154) is amended by adding at the end with both parents; is not displacing United States agricultural the following new subsection: ‘‘(B) the parent of the child having primary workers or diminishing the terms and conditions ‘‘(i) Restrictions on future entry of aliens ap- custody of the child if the child does not live of employment of United States agricultural prehended for violating immigration laws. with both parents; or workers; and ‘‘(1) The Attorney General may not approve ‘‘(C) the surviving parent (or legal guardian) (4) if and to what extent the H–2A non- any petition for lawful permanent residence sta- of the child, if 1 or both parents are deceased. immigrant worker program is contributing to the tus filed by an alien or any person on behalf of ‘‘(2) WAIVER.—The Secretary of State may problem of illegal immigration. an alien (other than petitions filed by or on be- waive the requirements of paragraph (1)(A) if (c) REPORT.—Not later than December 31, half of spouses of United States citizens or of the Secretary determines that circumstances do 1996, or three months after the date of enact- aliens lawfully admitted for permanent resi- not permit obtaining the signatures of both par- ment of this Act, whichever is sooner, the Comp- dence) who has at any time been apprehended ents.’’. troller General shall submit a report to Congress in the United States for (A) entry without in- (b) EFFECTIVE DATE.—The amendments made setting forth the findings of the review con- spection, or (B) failing to depart from the by this section shall apply to applications for ducted under subsection (b). United States within one year of the expiration passports filed on or after the date of enactment (d) DEFINITIONS.—As used in this section— of any nonimmigrant visa, until the date that is of this Act. (1) the term ‘‘Comptroller General’’ means the ten years after the alien’s departure or removal Comptroller General of the United States; and SEC. 319. EXCLUSION OF CERTAIN ALIENS FROM (2) the term ‘‘H–2A nonimmigrant worker pro- from the United States.’’. FAMILY UNITY PROGRAM. gram’’ means the program for the admission of (b) VIOLATION OF IMMIGRATION LAW AS Section 301(e) of the Immigration Act of 1990 nonimmigrant aliens described in section GROUNDS FOR EXCLUSION.—Section 212(a)(6) of (8 U.S.C. 1255a note) is amended to read as fol- 101(a)(15)(H)(ii)(a) of the Immigration and Na- the Immigration and Nationality Act (8 U.S.C. lows: tionality Act. 1182(a)(6)) is amended by adding at the end the ‘‘(e) EXCEPTION FOR CERTAIN ALIENS.—An following new subparagraph: alien is not eligible for a new grant or extension SEC. 322. FINDINGS RELATED TO THE ROLE OF INTERIOR BORDER PATROL STA- ‘‘(G) Any alien who (i) has at any time been of benefits of this section if the Attorney Gen- apprehended in the United States for entry TIONS. eral finds that the alien— The Congress makes the following findings: without inspection, or (ii) has failed to depart ‘‘(1) has been convicted of a felony or 3 or (1) The Immigration and Naturalization Serv- from the United States within one year of the more misdemeanors in the United States, ice has drafted a preliminary plan for the re- expiration date of any nonimmigrant visa, un- ‘‘(2) is described in section 243(h)(2) of the Im- moval of 200 Border Patrol agents from interior less such alien has applied for and been granted migration and Nationality Act, or stations and the transfer of these agents to the asylum or refugee status in the United States or ‘‘(3) has committed an act of juvenile delin- Southwest border. has a bona fide application for asylum pending, quency which if committed by an adult would be (2) The INS has stated that it intends to carry is excludable until the date that is ten years classified as— out this transfer without disrupting service and after the alien’s departure or removal from the ‘‘(A) a felony crime of violence that has an support to the communities in which interior United States.’’. element the use or attempted use of physical stations are located. (c) DENIAL OF ADJUSTMENT OF STATUS.—Sec- force against the person of another; or (3) Briefings conducted by INS personnel in tion 245(c) of the Immigration and Nationality ‘‘(B) a felony offense that by its nature in- communities with interior Border Patrol stations Act (8 U.S.C. 1255(c)) is amended— volves a substantial risk that physical force have revealed that Border Patrol agents at inte- (1) by striking ‘‘or (5)’’ and inserting ‘‘(5)’’; against the person of another may be used in rior stations, particularly those located in and the course of committing the offense.’’. Southwest border States, perform valuable law (2) by inserting before the period the fol- SEC. 320. TO ENSURE APPROPRIATELY STRIN- enforcement functions that cannot be performed lowing: ‘‘or (6) any alien who (A) has at any GENT PENALTIES FOR CONSPIRING by other INS personnel. time been apprehended in the United States for WITH OR ASSISTING AN ALIEN TO (4) The transfer of 200 Border Patrol agents entry without inspection, or (B) has failed to COMMIT AN OFFENSE UNDER THE from interior stations to the Southwest border, depart from the United States within one year CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT. which would not increase the total number of of the expiration under section 208 date of any law enforcement personnel at INS, would cost (a) Not later than 6 months following enact- nonimmigrant visa, unless such alien has ap- the Federal Government approximately ment of this Act, the United States Sentencing plied for and been granted asylum or refugee $12,000,000. Commission shall conduct a review of the guide- status in the United States or has a bona fide (5) The cost to the Federal Government of hir- lines applicable to an offender who conspires application for asylum pending’’. ing new criminal investigators and other per- with, or aids or abets, a person who is not a cit- (d) EXCEPTIONS.—Section 245 (8 U.S.C. 1254) is sonnel for interior stations is likely to be greater izen or national of the United States in commit- amended by adding at the end the following than the cost of retaining Border Patrol agents ting any offense under section 1010 of the Con- new subsection: at interior stations. ‘‘(k) The following periods of time shall be ex- trolled Substance Import and Export Act (21 (6) The first recommendation of the report by cluded from the determination of periods of un- U.S.C. 960). the National Task Force on Immigration was to authorized stay under subsection (c)(6)(B) and (b) Following such review, pursuant to section increase the number of Border Patrol agents at section 204(i): 994(p) of title 28, United States Code, the Com- the interior stations. (1) Any period of time in which an alien is mission shall promulgate sentencing guidelines (7) Therefore, it is the sense of the Congress under 18 years of age. or amend existing sentencing guidelines to en- that— (2) Any period of time in which an alien has sure an appropriately stringent sentence for (A) the United States Border Patrol plays a a bona fide application for asylum pending such offenders. key role in apprehending and deporting un- under section 208. SEC. 321. REVIEW AND REPORT ON H–2A NON- documented aliens throughout the United (3) Any period of time during which an alien IMMIGRANT WORKERS PROGRAM. States; is provided authorization to engage in employ- (a) SENSE OF THE CONGRESS.—It is the sense of (B) interior Border Patrol stations play a ment in the United States (including such an the Congress that the enactment of this Act may unique and critical role in the agency’s enforce- authorization under section 244A(a)(1)(B)), or in impact the future availability of an adequate ment mission and serve as an invaluable second which the alien is the spouse of such an alien. work force for the producers of our Nation’s line of defense in controlling illegal immigration (4) Any period of time during which the alien labor intensive agricultural commodities and and its penetration to the interior of our coun- is a beneficiary of family unity protection pur- livestock. try; suant to section 301 on the Immigration Act of (b) REVIEW.—The Comptroller General shall (C) a permanent redeployment of Border Pa- 1990. review the effectiveness of the H–2A non- trol agents from interior stations is not the most

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4759 cost-effective way to meet enforcement needs killed in the line of duty to a place of burial lo- alien or the alien’s children to extreme cruelty, along the Southwest border, and should only be cated in the United States, the Commonwealth or done where new Border Patrol agents cannot of Puerto Rico, or the territories and possessions (B) a member of the alien’s spouse’s or par- practicably be assigned to meet enforcement of the United States; ent’s family who has battered the alien or the needs along the Southwest border; and (2) the transportation of the decedent’s spouse alien’s child or subjected the alien or alien’s (D) the INS should hire, train and assign new and minor children to and from the same site at child to extreme cruelty, staff based on a strong Border Patrol presence rates no greater than those established for offi- unless the alien has been convicted of a crime or both on the Southwest border and in interior cial government travel; and crimes listed in section 241(a)(2) of the Immigra- stations that support border enforcement. (3) any other memorial service sanctioned by tion and Nationality Act; SEC. 323. ADMINISTRATIVE REVIEW OF ORDERS. the Department of Justice. (2) make any publication whereby information (a) Section 274A(e)(7) is amended by striking (b) The Department of Justice may prepay the furnished by any particular individual can be the phrase ‘‘, within 30 days,’’. costs of any transportation authorized by this identified; (b) Section 274C(d)(4) is amended by striking section. (3) permit anyone other than the sworn offi- the phrase ‘‘, within 30 days,’’. SEC. 329. POWERS AND DUTIES OF THE ATTOR- cers and employees of the Department, bureau SEC. 324. SOCIAL SECURITY ACT. NEY GENERAL AND THE COMMIS- or agency, who needs to examine such informa- SIONER. Section 1173(d)(4)(B)) of the Social Security tion for legitimate Department, bureau, or agen- Section 103 of the Immigration and Nation- Act (42 U.S.C. 1320b–7(d)(4)(B)) is amended by cy purposes, to examine any publication of any ality Act (8 U.S.C. 1103) is amended in sub- striking clause (i) and inserting the following individual who files for relief as a person who section (a) by adding the following after the last new clause: has been battered or subjected to extreme cru- sentence of that subsection: ‘‘(i) the State shall transmit to the Immigra- elty. tion and Naturalization Service either photo- ‘‘The Attorney General, in support of persons in (b) EXCEPTIONS.—(1) The Attorney General static or other similar copies of such documents, administrative detention in non-Federal institu- may provide for the furnishing of information or information from such documents, as speci- tions, is authorized to make payments from furnished under this section in the same manner fied by the Immigration and Naturalization funds appropriated for the administration and and circumstances as census information may be Service, for official verification,’’. enforcement of the laws relating to immigration, disclosed by the Secretary of Commerce under naturalization, and alien registration for nec- SEC. 325. HOUSING AND COMMUNITY DEVELOP- section 8 of title 13, United States Code. MENT ACT OF 1980. essary clothing, medical care, necessary guard (2) The Attorney General may provide for the Section 214(d)(4)(B) of the Housing and Com- hire, and the housing, care, and security of per- furnishing of information furnished under this munity Development Act of 1980 (42 U.S.C. sons detained by the Service pursuant to Fed- section to law enforcement officials to be used 1436a(d)(4)(B)) is amended by striking clause (i) eral law under intergovernmental service agree- solely for legitimate law enforcement purposes. and inserting the following new clause: ments with State or local units of government. SEC. 332. DEVELOPMENT OF PROTOTYPE OF ‘‘(i) the Secretary shall transmit to the Immi- The Attorney General, in support of persons in COUNTERFEIT-RESISTANT SOCIAL gration and Naturalization Service either photo- administrative detention in non-Federal institu- SECURITY CARD REQUIRED. static or other similar copies of such documents, tions, is further authorized to enter into cooper- (a) DEVELOPMENT.— (1) IN GENERAL.—The Commissioner of Social or information from such documents, as speci- ative agreements with any State, territory, or Security (hereafter in this section referred to as fied by the Immigration and Naturalization political subdivision thereof, for the necessary the ‘‘Commissioner’’) shall in accordance with Service, for official verification,’’. construction, physical renovation, acquisition of equipment, supplies or materials required to es- the provisions of this section develop a proto- SEC. 326. HIGHER EDUCATION ACT OF 1965. tablish acceptable conditions of confinement type of a counterfeit-resistant social security Section 484(g)(B) of the Higher Education Act and detention services in any State or local ju- card. Such prototype card shall— of 1965 (20 U.S.C. 1091(g)(4)(B)) is amended by risdiction which agrees to provide guaranteed (A) be made of a durable, tamper-resistant striking clause (i) and inserting the following bed space for persons detained by the Immigra- material such as plastic or polyester, new clause: (B) employ technologies that provide security ‘‘(i) the institution shall transmit to the Immi- tion and Naturalization Service.’’. Section 103 of the Immigration and Nation- features, such as magnetic stripes, holograms, gration and Naturalization Service either photo- ality Act (8 U.S.C. 1103) is amended in sub- and integrated circuits, and static or other similar copies of such documents, section (b) by adding the following: (C) be developed so as to provide individuals or information from such documents, as speci- with reliable proof of citizenship or legal resi- ‘‘The Commissioner may enter into cooperative fied by the Immigration and Naturalization dent alien status. agreements with State and local law enforce- Service, for official verification,’’. (2) ASSISTANCE BY ATTORNEY GENERAL.—The ment agencies for the purpose of assisting in the SEC. 327. LAND ACQUISITION AUTHORITY. Attorney General of the United States shall pro- enforcement of the immigration laws of the Section 103 of the Immigration and Nation- vide such information and assistance as the United States.’’. ality Act (8 U.S.C. 1103) is amended by redesig- Commissioner deems necessary to achieve the nating subsections (b), (c), and (d) as sub- SEC. 330. PRECLEARANCE AUTHORITY. purposes of this section. sections (c), (d), and (e) accordingly, and insert- Section 103(a) of the Immigration and Nation- (b) STUDY AND REPORT.— ing the following new subsection (b): ality Act (8 U.S.C. 1103(a)) is amended by add- (1) IN GENERAL.—The Commissioner shall con- ‘‘(b)(1) The Attorney General may contract for ing at the end the following: duct a study and issue a report to Congress or buy any interest in land, including tem- ‘‘After consultation with the Secretary of State, which examines different methods of improving porary use rights, adjacent to or in the vicinity the Attorney General may authorize officers of the social security card application process. of an international land border when the Attor- a foreign country to be stationed at (2) ELEMENTS OF STUDY.—The study shall in- ney General deems the land essential to control preclearance facilities in the United States for clude an evaluation of the cost and work load and guard the boundaries and borders of the the purpose of ensuring that persons traveling implications of issuing a counterfeit-resistant United States against any violation of this Act. from or through the United States to that for- social security card for all individuals over a 3, ‘‘(2) The Attorney General may contract for or eign country comply with that country’s immi- 5, and 10 year period. The study shall also buy any interest in land identified pursuant to gration and related laws. Those officers may ex- evaluate the feasibility and cost implications of subsection (a) as soon as the lawful owner of ercise such authority and perform such duties imposing a user fee for replacement cards and that interest fixes a price for it and the Attorney as United States immigration officers are au- cards issued to individuals who apply for such General considers that price to be reasonable. thorized to exercise and perform in that foreign a card prior to the scheduled 3, 5, and 10 year ‘‘(3) When the Attorney General and the law- country under reciprocal agreement, and they phase-in options. ful owner of an interest identified pursuant to shall enjoy such reasonable privileges and im- (3) DISTRIBUTION OF REPORT.—Copies of the subsection (a) are unable to agree upon a rea- munities necessary for the performance of their report described in this subsection along with a sonable price, the Attorney General may com- duties as the government of their country ex- facsimile of the prototype card as described in mence condemnation proceedings pursuant to tends to United States immigration officers.’’. subsection (a) shall be submitted to the Commit- section 257 of title 40, United States Code. SEC. 331. CONFIDENTIALITY PROVISION FOR CER- tees on Ways and Means and Judiciary of the ‘‘(4) The Attorney General may accept for the TAIN ALIEN BATTERED SPOUSES House of Representatives and the Committees on United States a gift of any interest in land iden- AND CHILDREN. Finance and Judiciary of the Senate within 1 tified pursuant to subsection (a).’’. (a) IN GENERAL.—With respect to information year of the date of the enactment of this Act. SEC. 328. SERVICES TO FAMILY MEMBERS OF INS provided pursuant to section 150(b)(C) of this (c) AUTHORIZATION OF APPROPRIATIONS.— OFFICERS KILLED IN THE LINE OF Act and except as provided in subsection (b), in There are authorized to be appropriated and are DUTY. no case may the Attorney General, or any other appropriated from the Federal Old-Age and Sur- SEC. 294. [8 U.S.C. 1364]—TRANSPORTATION OF official or employee of the Department of Justice vivors Insurance Trust Fund such sums as may THE REMAINS OF IMMIGRATION OFFICERS AND (including any bureau or agency of such de- be necessary to carry out the purposes of this BORDER PATROL AGENTS KILLED IN THE LINE OF partment)— section. DUTY. (1) make an adverse determination of admissi- SEC. 333. REPORT ON ALLEGATIONS OF HARASS- (a) Nothwithstanding any other provision of bility or deportability of an alien under the Im- MENT BY CANADIAN CUSTOMS law, the Attorney General may expend appro- migration and Nationality Act using only infor- AGENTS. priated funds to pay for— mation furnished solely by— (a) STUDY AND REVIEW.—(1) Not later than 30 (1) the transportation of the remains of any (A) a spouse or parent who has battered the days after the enactment of this Act, the Com- Immigration Officer or Border Patrol agent alien or the alien’s children or subjected the missioner of the United States Customs Service

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S4760 CONGRESSIONAL RECORD — SENATE May 6, 1996 shall initiate a study of allegations of harass- (1) the practice of female genital mutilation is to date, no resolutions come over under ment by Canadian Customs agents for the pur- carried out by members of certain cultural and the rule, the call of the calendar be dis- pose of deterring cross-border commercial activ- religious groups within the United States; pensed with, the morning hour be ity along the United States-New Brunswick bor- (2) the practice of female genital mutilation deemed to have expired, and there then der. Such study shall include a review of the often results in the occurrence of physical and possible connection between any incidents of psychological health effects that harm the be a period for morning business until harassment with the discriminatory imposition women involved; the hour of 10:30 a.m., with Senators to of the New Brunswick Provincial Sales Tax (3) such mutilation infringes upon the guar- speak for up to 5 minutes each with the (PST) tax on goods purchased in the United antees of rights secured by Federal and State following Senators to speak for the States by New Brunswick residents, and with law, both statutory and constitutional; designated times: Senator HUTCHISON, any other activities taken by the Canadian pro- (4) the unique circumstances surrounding the 60 minutes; Senator MURKOWSKI, 15 vincial and Federal Governments to deter cross- practice of female genital mutilation place it be- minutes; Senator BURNS, 5 minutes. border commercial activities. yond the ability of any single State or local ju- I further ask that immediately fol- (2) In conducting the study in subparagraph risdiction to control; lowing morning business, the Senate (1), the Commissioner shall consult with rep- (5) the practice of female genital mutilation resentatives of the State of Maine, local govern- resume consideration of H.R. 2937. can be prohibited without abridging the exercise The PRESIDING OFFICER. Without ments, local businesses, and any other knowl- of any rights guaranteed under the First edgeable persons that the Commissioner deems Amendment to the Constitution or under any objection, it is so ordered. important to the completion of the study. other law; and Mr. DOLE. Mr. President, I ask unan- (b) REPORT.—Not later than 120 days after en- (6) Congress has the affirmative power under imous consent the Senate stand in re- actment of this Act, the Commissioner of the section 8 of article I, the necessary and proper cess between the hours of 12:30 and 2:15 United States Customs Service shall submit to clause, section 5 of the Fourteenth Amendment, p.m. tomorrow for the weekly policy Congress a report of the study and review de- as well as under the treaty clause of the Con- conferences to meet. tailed in subsection (a). The report shall also in- stitution to enact such legislation. The PRESIDING OFFICER. Without clude recommendations for steps that the United (b) CRIMINAL CONDUCT.— objection, it is so ordered. States Government can take to help end harass- (1) IN GENERAL.—Chapter 7 of title 18, United ment by Canadian Customs agents found to States Code, is amended by adding at the end f have occurred. the following new section: PROGRAM SEC. 334. SENSE OF CONGRESS ON THE DISCRIMI- ‘‘§ 116. Female genital mutilation NATORY APPLICATION OF THE NEW Mr. DOLE. Mr. President, for the in- BRUNSWICK PROVINCIAL SALES TAX. ‘‘(a) Except as provided in subsection (b), formation of all of my colleagues, we (a) FINDINGS.—The Congress finds that— whoever knowingly circumcises, excises, or will resume consideration of the White (1) in July 1993, Canadian Customs officers infibulates the whole or any part of the labia House Travel Office legislation tomor- began collecting an 11 percent New Brunswick majora or labia minora or clitoris of another row morning. There will be a cloture person who has not attained the age of 18 years Provincial Sales Tax (PST) tax on goods pur- vote at 2:15 on that measure, and under chased in the United States by New Brunswick shall be fined under this title or imprisoned not residents, an action that has caused severe eco- more than 5 years, or both. the rules of cloture, second-degree nomic harm to United States businesses located ‘‘(b) A surgical operation is not a violation of amendments must be filed with the in proximity to the border with New Brunswick; this section if the operation is— clerk by 12:30 on Tuesday. It is hoped (2) this impediment to cross-border trade com- ‘‘(1) necessary to the health of the person on the Senate could dispose of the White pounds the damage already done from the Ca- whom it is performed, and is performed by a per- House Travel Office bill by the close of nadian government’s imposition of a 7 percent son licensed in the place of its performance as a business Tuesday. Rollcall votes could tax on all goods bought by Canadians in the medical practitioner; or therefore be expected throughout Tues- United States; ‘‘(2) performed on a person in labor or who day’s session of the Senate. (3) collection of the New Brunswick Provincial has just given birth and is performed for medical As I understand it, there really is no Sales Tax on goods purchased outside of New purposes connected with that labor or birth by Brunswick is collected only along the United a person licensed in the place it is performed as objection to the underlying bill, the States-Canadian border—not along New Bruns- a medical practitioner, midwife, or person in travel office bill, the reimbursement to wick’s borders with other Canadian provinces— training to become such a practitioner or mid- Billy Dale and others, and there should thus being administered by Canadian authori- wife. not be any objection. I guess the objec- ties in a manner uniquely discriminatory to Ca- ‘‘(c) In applying subsection (b)(1), no account tion is we filled up the tree, so to nadians shopping in the United States; shall be taken of the effect on the person on speak, and other additional amend- (4) in February 1994, the United States Trade whom the operation is to be performed of any ments cannot be offered. Representative (USTR) publicly stated an inten- belief on the part of that or any other person Tomorrow I will submit to the Demo- tion to seek redress from the discriminatory ap- that the operation is required as a matter of cus- cratic leader, my colleague, Senator plication of the PST under the dispute resolu- tom or ritual. DASCHLE, a proposal on gas tax. Tomor- tion process in chapter 20 of the North American ‘‘(d) Whoever knowingly denies to any person Free Trade Agreement (NAFTA), but the United medical care or services or otherwise discrimi- row is tax freedom day. It will be a States Government has still not made such a nates against any person in the provision of great day to send a message, a small claim under NAFTA procedures; and medical care or services, because— message but a message to the Amer- (5) initially, the USTR argued that filing a ‘‘(1) that person has undergone female cir- ican taxpayers that we are going to re- PST claim was delayed only because the dispute cumcision, excision, or infibulation; or lieve at least some of their burden. It is mechanism under NAFTA had not yet been fi- ‘‘(2) that person has requested that female cir- about a $5 billion per year burden, a nalized, but more than a year after such mecha- cumcision, excision, or infibulation be performed 4.3-cent gas tax which was made per- nism has been put in place, the PST claim has on any person; manent in 1993 in the Clinton tax in- still not been put forward by the USTR. shall be fined under this title or imprisoned not (b) SENSE OF CONGRESS.—It is the sense of more than one year, or both.’’. crease bill, which amounted to $265 bil- Congress that— (2) CONFORMING AMENDMENT.—The table of lion. So we hope we might get consent (1) the Provincial Sales Tax levied by the Ca- sections at the beginning of chapter 7 of title 18, to take up the gas tax, attach it to the nadian Province of New Brunswick on Cana- United States Code, is amended by adding at the taxpayers bill of rights, which is pend- dian citizens of that province who purchase end the following new item: ing at the desk, pass it with one goods in the United States raises questions ‘‘116. Female genital mutilation.’’. amendment, send it to the House and about the possible violation of the North Amer- ican Free Trade Agreement in its discriminatory (c) EFFECTIVE DATE.—Subsection (b) shall the House will take action. application to cross-border trade with the take effect on the date that is 180 days after the We are now working on how we pay United States and damages good relations be- date of the enactment of this Act. for the repeal of the tax. Obviously we tween the United States and Canada; and f want to pay for it. We are not going to (2) the United States Trade Representative add to the deficit. I will visit with the should move forward without further delay in ORDERS FOR TUESDAY, MAY 7, Democratic leader about that tomor- seeking redress under the dispute resolution 1996 row and also offer a proposal on min- process in chapter 20 of the North American Mr. DOLE. Mr. President, I ask unan- imum wage, where we might take up Free Trade Agreement for the discriminatory ap- imous consent when the Senate com- plication of the New Brunswick Provincial Sales the minimum wage, under what condi- Tax on United States-Canada cross-border pletes its business today it stand in ad- tions, so that we might proceed with trade. journment until the hour of 9 a.m. on the business of the Senate and not have SEC. 335. FEMALE GENITAL MUTILATION. Tuesday, May 7; further, that imme- to file cloture on every bill. (a) CONGRESSIONAL FINDINGS.—The Congress diately following the prayer, the Jour- I know the Democrats feel strongly finds that— nal of proceedings be deemed approved about their issues. We feel strongly

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — SENATE S4761 about some of ours. So, hopefully, we To be lieutenant colonel To be lieutenant colonel can resolve these by agreement. If not, MEDICAL SERVICE CORPS VETERINARY CORPS we will just have to see what happens. GARY F. ATKINS, 000–00–0000 THOMAS M. BAILEY, 000–00–0000 RICHARD A. HARRIS, 000–00–0000 f LOUIE M. BANKS III, 000–00–0000 * ALAN D. KING, 000–00–0000 STEPHEN T. BECK, 000–00–0000 KEARY M. KRAUSE, 000–00–0000 ADJOURNMENT UNTIL 9 A.M. MARSHA L. BLOODWORTH, 000–00–0000 * MICHALLE C. MAGEE, 000–00–0000 TOMORROW RICHARD L. BOND, 000–00–0000 DONALD A. MCLEAN, 000–00–0000 *FRED H. BROWN, 000–00–0000 JEFFREY E. MELANDER, 000–00–0000 Mr. DOLE. Mr. President, if there is JOHN J. CIESLA, 000–00–0000 * ROGER W. PARKER, 000–00–0000 ANDRE D. CLARK, 000–00–0000 JOHN P. SKVORAK, 000–00–0000 no further business to come before the JAY M. CLARK, 000–00–0000 JAMES R. SWEARENGEN, 000–00–0000 Senate, I now ask the Senate stand in DAVID J. COREY, 000–00–0000 CLIFFORD L. WALKER, 000–00–0000 DAVID W. CRAFT, 000–00–0000 JACK M. WEDAM, 000–00–0000 adjournment under the previous order. JAMES B. CROWTHER, 000–00–0000 There being no objection, the Senate, CARL A. CURLING, 000–00–0000 To be lieutenant colonel GREGORY C. DEMPSEY, 000–00–0000 at 4:53 p.m, adjourned until Tuesday, SHERMAN A. DUNLOW, 000–00–0000 NURSE CORPS May 7, 1996, at 9 a.m. VICTOR EILENFIELD, 000–00–0000 RONALD E. ESKEW, 000–00–0000 MELINDA E. BALDRIDGE, 000–00–0000 f WILLIAM D. EVANS, 000–00–0000 * MARIA T. BRYANT, 000–00–0000 JOHN J. FELICIO, 000–00–0000 * DEBORAH J. CANNON, 000–00–0000 DEBRA D. FRANCO, 000–00–0000 NOMINATIONS DAVID L. CARDEN, 000–00–0000 WILLIAM R. FRY, 000–00–0000 SUSANNE J. CLARK, 000–00–0000 FREDERICK GARGIULO, 000–00–0000 Executive nominations received by TIMOTHY A. COFFEY, 000–00–0000 JOHNNY C. GARNETT, 000–00–0000 the Senate on May 6, 1996: DEBORAH GILBERTSON, 000–00–0000 BEVERLY A. CORNETT, 000–00–0000 MICHAEL H. CUSTER, 000–00–0000 DEPARTMENT OF STATE MICHAEL GOODWIN, 000–00–0000 JAMES E. GORDON, 000–00–0000 * DONNA S. DAMPIER, 000–00–0000 ANGELIA E. DURRANCE, 000–00–0000 JOHN F. HICKS, SR., OF NORTH CAROLINA, A CAREER JOHN D. GRABENSTEIN, 000–00–0000 JULIE M. ELDRED, 000–00–0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MAX GROGL, 000–00–0000 AMY M. ERTTER, 000–00–0000 CAREER MINISTER, TO BE AMBASSADOR EXTRAOR- MICHAEL C. GUNN, 000–00–0000 JOHN M. FIERRO, 000–00–0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES DALE A. HAAK, 000–00–0000 OF AMERICA TO THE STATE OF ERITREA. ISIAH M. HARPER, 000–00–0000 BETH B. FOLEY, 000–00–0000 ALAN R. MC KEE, OF MARYLAND, A CAREER MEMBER CHARLES M. HARRIS, 000–00–0000 GAIL E. FORD, 000–00–0000 OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- HERMAN HARRIS JR., 000–00–0000 LEANA A. FOXJOHNSON, 000–00–0000 SELOR, TO BE AMBASSADOR EXTRAORDINARY AND DONALD L. HARRISON, 000–00–0000 DARLENE M. GILCREAST, 000–00–0000 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA BILLY W. HAYDON, 000–00–0000 VINCENT E. GILDDEN, 000–00–0000 TO THE KINGDOM OF SWAZILAND. DAVID R. HEIER, 000–00–0000 GREGORY P. GRANT, 000–00–0000 ARLENE RENDER, OF VIRGINIA, A CAREER MEMBER OF SCOTT HENDRICKSON, 000–00–0000 DARRELL L. GREENE, 000–00–0000 THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- EVERETTE J. HORNE, 000–00–0000 LINDA M. GROETKEN, 000–00–0000 COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND CHARLES C. HUME, 000–00–0000 JEANETTE C. HAMMOND, 000–00–0000 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA CARL G. JACKA II, 000–00–0000 *MARY D. HARDY, 000–00–0000 TO THE REPUBLIC OF ZAMBIA. *LARRY C. JAMES, 000–00–0000 *VANESSA C. HETMANSKY, 000–00–0000 STANLEY N. SCHRAGER, OF ILLINOIS, A CAREER MEM- DAVID E. JONES, 000–00–0000 *ELIZABETH E. HILL, 000–00–0000 BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- CHARLES S. KELLER, 000–00–0000 AWILDA V. HOLLAND, 000–00–0000 ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- PAULINE KNAPP, 000–00–0000 *BRENDA D. HOLLMANALBERTIUS, 000–00–0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES ARTHUR P. LEE, 000–00–0000 LAURIE S. HORN, 000–00–0000 OF AMERICA TO THE REPUBLIC OF DJIUBOUTI. JED S. LEWIS, 000–00–0000 *EVA M. HORNE, 000–00–0000 *MARK S. LUND, 000–00–0000 PARTICIA D. HOROHO, 000–00–0000 IN THE ARMY WILLIAM P. MAHR, 000–00–0000 *PAULETTE D. HUTCHINS, 000–00–0000 THE FOLLOWING-NAMED OFFICER, ON THE ACTIVE POLLYANN MARCIESKI, 000–00–0000 JOSEPH C. KISER, 000–00–0000 DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED SCOTT C. MARTIN, 000–00–0000 *MICHAEL J. KUSEK, 000–00–0000 IN THE U.S. ARMY IN ACCORDANCE WITH SECTIONS 624 BRIAN E. MAVES, 000–00–0000 *LOURDES M. LEANDRY, 000–00–0000 AND 628, TITLE 10, UNITED STATES CODE. JANICE E. MCCREARYWATSON, 000–00–0000 DONALD H. LISH, 000–00–0000 ROBERT H. MINNICK, 000–00–0000 PETER J. LOOK, 000–00–0000 JUDGE ADVOCATE GENERAL KEVIN P. MONAHAN, 000–00–0000 PAMELA A. MANIACI, 000–00–0000 To be lieutenant colonel WENDELL A. MOORE, 000–00–0000 *TONI K. MASSENBURG, 000–00–0000 THOMAS G. MUNDIE, 000–00–0000 CYNTHIA A. MCMINN, 000–00–0000 WAYNE E. ANDERSON, 000–00–0000 CINDY K. MUSSELL, 000–00–0000 CAROL A. MCNEILL, 000–00–0000 *JEFFREY T. NORTON, 000–00–0000 MICHAEL R. MEHLHAFF, 000–00–0000 THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT *CHARLES E. OLIVER, 000–00–0000 MARIE L. MENTOR, 000–00–0000 TO THE RESERVE OF THE ARMY, WITHOUT CONCURRENT ROBERT W. PIPKIN, 000–00–0000 JUNE A. MIKKILA, 000–00–0000 ORDER TO ACTIVE DUTY, UNDER THE PROVISIONS OF DAVID H. PRATT, 000–00–0000 ALLISON L. MIRAKIAN, 000–00–0000 TITLE 10, UNITED STATES CODE, SECTIONS 12203(A), REGINALD L. PUGH, 000–00–0000 12204(A), 3353, AND 3359. JOHN M. MODELL, 000–00–0000 BEDE V. RAMCHARAN, 000–00–0000 *ALFREDO E. MONTALVO, 000–00–0000 DENTAL CORPS JOYCE M. RICE, 000–00–0000 DONNA W. MOORE, 000–00–0000 *WILLIAM H. RIVARD, 000–00–0000 *DAISY MUNOZRAMOS, 000–00–0000 To be lieutenant colonel PATRICIA A. RUIZWIGGER, 000–00–0000 *SHANNON M. OGRADY, 000–00–0000 MARK A. SEYMOUR, 000–00–0000 TIMOTHY J. COEN, 000–00–0000 LU A. PERALTA, 000–00–0000 *THOMAS C. SHANK, 000–00–0000 RANDY J. EBERLY, 000–00–0000 *CONSTANCE PERKINS, 000–00–0000 *JEFFREY J. SIKORSKI, 000–00–0000 JOEL C. KNUTSON, 000–00–0000 STEVEN L. PERRY, 000–00–0000 DARYL L. SPENCER, 000–00–0000 REGINALD J. LANKFORD, 000–00–0000 RICHARD RICCIARDI, 000–00–0000 KIM C. STRUNZ, 000–00–0000 VICTORIA L. SEARCY, 000–00–0000 *PHILLIP J. RICE, 000–00–0000 HEATHER N. TYREMAN, 000–00–0000 ROBERT E. RITZ, 000–00–0000 KENNETH WADE, 000–00–0000 MEDICAL CORPS *PEDRO I. RIVERA, 000–00–0000 FREDERIC J. WATKE, 000–00–0000 CLIFTON E. ROBERTS, 000–00–0000 To be lieutenant colonel LINWOOD WENTWORTH, 000–00–0000 MICHAEL J. ROBEY, 000–00–0000 DONALD L. WESTON, 000–00–0000 MARIO H. ALVARADO, 000–00–0000 LINDA D. ROBINETTE, 000–00–0000 STEPHEN WILKINSON, 000–00–0000 HERMAN V. DEVERA, 000–00–0000 *MARY M. SANDERS, 000–00–0000 DEBRA A. ZANKL, 000–00–0000 MICHAEL F. LYONS II, 000–00–0000 HOWARD E. SCHLOSS, 000–00–0000 EDWINA J. POPEK, 000–00–0000 To be lieutenant colonel RITA A. SCHULTE, 000–00–0000 CHRISTOPHER J. SHAW, 000–00–0000 VETERINARY CORPS MEDICAL SPECIALIST CORPS *KAREN SIBO, 000–00–0000 To be lieutenant colonel JOHN P. BURDISH, 000–00–0000 DORETHA G. SINGLEY, 000–00–0000 * LEONARD I. CANCIO, 000–00–0000 DEBORAH V. STROSNIDER, 000–00–0000 RONALD E. BANKS, 000–00–0000 LAURA H. KOSTNER, 000–00–0000 JAMES A. STUTTS, 000–00–0000 THE FOLLOWING-NAMED OFFICERS, ON THE ACTIVE MARY E. LAEDTKE, 000–00–0000 KARENA L. TARRANT, 000–00–0000 DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED * MARY S. LOPEZ, 000–00–0000 REBECCA J. TORRANCE, 000–00–0000 IN THE U.S. ARMY IN ACCORDANCE WITH SECTION 624 OF JOAN M. LYON, 000–00–0000 *LILLIAN W. WILLIAMS, 000–00–0000 TITLE 10, UNITED STATES CODE. THE OFFICERS MARKED LANG T. PHAM, 000–00–0000 *LINDA A. WILLIAMS, 000–00–0000 BY AN ASTERISK (*) ARE ALSO NOMINATED FOR REG- DEBORAH M. STETTS, 000–00–0000 *PAMELA Y. WILLIAMS, 000–00–0000 ULAR APPOINTMENT IN ACCORDANCE WITH SECTION 531 * WILLIAM L. TOZIER, 000–00–0000 CONNORS A. WOLFORD, 000–00–0000 OF TITLE 10, UNITED STATES CODE. KATHLEEN S. ZURAWEL, 000–00–0000 *JANICE L. WOOD, 000–00–0000

VerDate Aug 31 2005 06:02 Jun 21, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S06MY6.REC S06MY6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS May 6, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E707 EXTENSIONS OF REMARKS

IN HONOR OF THE VETERANS OF A fellow countryman, Chegui, as his close 1986, taking particular interest in its programs FOREIGN WARS friends call him, was born in ``la Playa de dealing with national and community service. Ponce,'' Puerto Rico. His talent in boxing was During his presidency of the Constitutional HON. BENJAMIN L. CARDIN evident at a very young age. In 1956, Chegui Rights Foundation, Los Angeles experienced OF MARYLAND won the silver medal in the Olympics in Mel- the riots in the aftermath of the Rodney King IN THE HOUSE OF REPRESENTATIVES bourne, Australia. A year later, he migrated to verdict. Alan rightfully takes pride in the Con- stitutional Rights Foundation's quick response Monday, May 6, 1996 the United States to continue his successful career in boxing. to the riots by creating teaching materials and Mr. CARDIN. Mr. Speaker, I rise today to In 1965, Jose won the light heavyweight developing community service programs in- honor the Veterans of Foreign Wars, Post world title at a match at the Madison Square volving thousands of Los Angeles youth. 9083 in Parkville, MD which is celebrating its Garden, New York City. He was the first Puer- Alan is active in many areas in the commu- 50th anniversary. to Rican to ever win a medium weight world nity. He is a past chair of the labor law section In 1946, as returning soldiers from World championship in boxing. Members of the East of the Los Angeles Bar, served as labor rela- War II, these veterans found themselves infor- Harlem community, in which he lived, made tions counsel to the 1984 Los Angeles Olym- mally meeting at neighborhood stores or on him a hero that day and held a parade to cele- pic Organizing Committee, and was for many the street. It quickly became clear that they brate his victory. It was during this parade that years chair of Mayor Bradley's Labor-Manage- needed a more formal meeting place; some- Jose took the stage to acknowledge the thou- ment Advisory Committee. Alan also served on the Los Angeles Board of Civil Service where to come together to be with others who sands of fans and distinguished himself as an Commissioners and was its president from had shared the same experiences that were eloquent speaker. 1985 to 1986. From 1990 to 1991, he was so binding. Jose is characterized as a person who can president of the Board of Bet TzedekÐHouse The Parkville VFW post began with 15 char- talk to people from all socio-economic back- of JusticeÐLegal Services Foundation and ter members; today it boasts 1,851 members. grounds. He is well liked and respected in the The post has grown along with the Parkville continues to serve on its board. community. Throughout the years, Jose has Mr. Speaker, public service is the highest neighborhood and through the years has done been a community activist and a fighter for mi- an outstanding job of serving both the commu- calling. At a time when public budgets are norities and poor people. strained, it is particularly noteworthy that fine nity and its members. After retiring from his boxing career, Jose The VFW post has an impressive record of lawyers like Alan Friedman step up. I salute was appointed by former Gov. Mario Cuomo service. The post raised more than $10,000 him. to lead the New York State Athletic Commis- for the Johns Hopkins Children's Cancer Fund f sion. He also served City Council President in one of its most successful endeavors. The Paul D'wyer, and worked in the election cam- IN HONOR OF JON THOMAS post sponsors events for high school students paigns of then candidate to Congress Nydia such as the VFW Voice of Democracy Oratory VelaÂzquez, and Mayor David Dinkins. HON. EARL POMEROY Contest, which awards a $25,000 scholarship Most recently, Jose has collaborated with OF NORTH DAKOTA to the national winner. Its assistance with local the daily newspapers the New York Post and IN THE HOUSE OF REPRESENTATIVES scout troops and ROTC groups also has ben- ``El Diario/La Pressa,'' as a guest columnist. efited the youth of Parkville. Monday, May 6, 1996 He frequently writes about a wide variety of The VFW post members have a strong Mr. POMEROY. Mr. Speaker, today I would subject matters, from boxing and city life, to bond with veterans in the area. Their long- like to recognize an impressive young North the socioeconomic plight of the poor, the el- standing tradition of sponsoring a monthly Dakotan. Jon Thomas of Bismarck has won a derly, and minorities. He has also written event at the Fort Howard Veterans Hospital scholarship from the Veterans of Foreign books on Muhammad Ali and Mike Tyson. has helped to lift the spirits of many sick and Wars' Voice of Democracy broadcast On his 60th birthday, his wife, Ramona, disabled veterans. This VFW post is marked scriptwriting contest. Mr. Thomas placed fifth friends, and other relatives will gather at Jim- by the caring assistance its members extend in the Nation for the theme ``Answering Ameri- my's Bronx Cafe for a surprise birthday party. to fellow veterans and their families. Every ca's Call.'' Mr. Speaker, I ask my colleagues to join me meeting begins with the question: ``Is there a I am very excited to see such worthwhile in wishing Jose ``Chegui'' Torres, a remarkable member of the post or a family member in dis- ideas and refreshing optimism coming from friend and individual, a happy birthday and a tress?'' North Dakota's youth. It is my pleasure to sub- I urge my colleagues to join me in congratu- long and healthy life. mit Mr. Thomas' essay for inclusion in the lating the Parkville VFW post on its 50th anni- f CONGRESSIONAL RECORD: Last summer, I decided to leave the coun- versary. The veterans who fought to keep our IN HONOR OF ALAN FRIEDMAN country free have have worked hard to make try and travel the world. One month into my trip I was feeling quite homesick. So I de- our community a better place to live. The vet- HON. JANE HARMAN cided I’d better call home. I quickly ran to a erans of Post 9083 have shown an uncommon pay phone and dialed 1–800–Collect. I knew caring and dedication to others that truly make OF CALIFORNIA that if I ever needed anything, calling col- them a valued asset to our community. IN THE HOUSE OF REPRESENTATIVES lect would not be a problem. I then dialed f Monday, May 6, 1996 America and listened for an operator to pick up. TRIBUTE TO JOSE ‘‘CHEGUI’’ Ms. HARMAN. Mr. Speaker, as an early ‘‘Hello. You have reached the United TORRES supporter of the Constitutional Rights Founda- States of America, the land of opportunity, tion, I know how extraordinarily important its freedom, individual rights and expression education programs are to southern California * * * I’m sorry but we can’t answer the HON. JOSE´ E. SERRANO phone right now, because no one here knows OF NEW YORK students. Fortunately so does Alan Friedman, how to answer America’s call.’’ a socially conscious power lawyer who was IN THE HOUSE OF REPRESENTATIVES I couldn’t believe it!! Here I was in a for- president of CRF's board of directors from eign country, trying to get through to my Monday, May 6, 1996 1992 through 1993. home, and it wasn’t possible! Why? Because Mr. SERRANO. Mr. Speaker, it gives me I am pleased to learn that Alan and another a bunch of USA operators didn’t know what great pleasure to pay tribute to a dear friend, close friend and life force, Jack Valenti, will be it was to answer America’s call. Hey!! That’s easy! No Problem! Even I could do that! Jose ``Chegui'' Torres, an accomplished boxer honored by the Constitutional Rights Founda- Couldn’t I? and writer whose 60th birthday will be cele- tion in Los Angeles on May 7. Alan has been Maybe I could see America differently now brated today among family and friends at Jim- an active member of the board of directors of because I was away from it. Maybe the peo- my's Bronx Cafe in the Bronx, NY. the Constitutional Rights Foundation since ple who are in America are taking it for

∑ 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. E708 CONGRESSIONAL RECORD — Extensions of Remarks May 6, 1996 granted. Standing here in a third world its annual policy conference here in Washing- to his daughter’s college graduation. I country, I could see the difference that being ton to consider the status of United States re- thought he had his priorities in order, and so an American had made in my life. I did not lations with Israel. The highlight of that con- when he asked me to replace him, I was glad have to live in a shack made of tin or corn to stand in for Ron Brown. (Applause.) And stalks. I had shoes and many changes of ference was the session at which Israeli Presi- since he lost his life on another remarkable clothing. I had the right to speak out against dent Shimon Peres and President Bill Clinton mission of peace, I thought I would share anything. I had a family. I had an education. addressed conference participants. that with you tonight, and I hope you will I had rights guaranteed to me by my coun- The President's address was an outstanding remember that and remember him and his try’s government. And I had a say in that discussion of the American interest and com- family in your prayers. government. mitment to bringing peace to the Middle East I am pleased as the Prime Minister is that Maybe the problem is that people in Amer- and of the necessity for a strong and secure we can come here tonight with the northern ica are focusing on what’s wrong. They’re border of Israel and the southern border of looking so hard at what is wrong in our Israel in order for that peace process to move Lebanon quiet—no katyusha rockets firing country that they can’t see what is right. forward. Mr. Speaker, I have seldom heard down on the people of Northern Israel. I We blame different groups for our prob- such a strong and convincing argument for the thank the Prime Minister for the tremen- lems, saying ‘‘These people are like this, or active and positive participation of the United dous work he did. And in his absence—and I these people do this.’’ We focus only on the States in the Middle East. hope to goodness he’s sleeping right now—I negative. That perspective is not totally I ask that the remarks of President Clinton want to thank the Secretary of State for his true. What about the good these people do, magnificent Herculean effort. (Applause.) I be placed in the RECORD, and I urge my col- or the good that they could do? What about also thank his partner and great unsung the people who aren’t in that group, but also leagues to give them careful and thoughtful hero, Dennis Ross, for what he has done. (Ap- helped cause the problem? Can’t we change consideration. plause.) our focus? REMARKS BY THE PRESIDENT TO 1996 AMER- As the Prime Minister said, we had an It’s time that we remember that Ameri- ICAN-ISRAEL PUBLIC AFFAIRS COMMITTEE agreement back in 1993, but it wasn’t in writ- cans are individuals. Americans are each en- POLICY CONFERENCE ing and it was shattered. For the first time titled to their own opinion. Their opinions The PRESIDENT: Thank you very much. now, there is an agreement in writing that shouldn’t be taken away from them, or ridi- (Applause.) Mr. Prime Minister, I just will be more effective in preventing further culed. thought I was tired because it was late Sun- outbreaks. The violence has stopped. There It’s time to look at the last four letters in day night. I never felt better in my life. is now a monitoring mechanism to which Is- American, ‘‘I can.’’ The phrase ‘‘I can’’ Thank you very much. (Applause.) rael and Lebanon can refer complaints. And means that you have faith in yourself and in Mr. Prime Minister, Ambassador now it is our fond hope that civilians on both your abilities, that you can take responsibil- Rubinovich, Secretary Glickman, Ambas- sides of the border can resume their lives ity for your own life. It is knowing that: I sador Indyk. President Dow, thank you for with greater confidence and security. And we can achieve my dream. that wonderful introduction. Mr. Grossman, will not tolerate further efforts to disrupt Now is the time for us to answer America’s Mr. Sher (phonetic), Mr. Bronfman (pho- the calm. call. It’s time to stand up and say ‘‘What netic), Mr. Levy, Mr. Jack Bendheim, who When I came into office, I was determined good have we done? What good can we do?’’ also gave a wonderful introduction; the co- that our country would go into the 21st cen- The answer to America’s call is to be as chairs of this event, Art Sandler and Betsy tury still the world’s greatest force for peace proud, as respectful, as positive, as caring, as Sheer (phonetic); to all the young students and freedom, for democracy and security and grateful, as understanding, and as loving, as prosperity. We have to promote these values we can be * * * to ourselves, our families, who are here. (Applause.) The Prime Minister referred on two occa- just as vigorously as we did in the Cold War. our country, and our fellow man. Indeed, in some ways, our responsibilities as We need to stand up and say I can help my- sions to the opportunity that I had on my last trip to Israel to meet with the young Americans are now greater. self. I can make a difference. It is time for I know that you agree with that. You have all of us, as Americans, to stand up and say people there. It was an incredible experience for me. And I realized that in some ways we devoted yourselves to strengthening the I can answer America’s call. bonds between the United States and Israel, have to keep depending on young people to How? Instead of complaining or blaming a cornerstone of our foreign policy and of our deliver us because they remind us that we others for our problems, we need to look at efforts to advance peace and freedom and de- can break new ground and make tomorrow ourselves. No matter how different we are as mocracy in the Middle East. I thank you for individual Americans, we all have one thing different from yesterday. Just before the Prime Minister and I came that and I ask you, too, to continue to speak in common. We are all free. We need to en- out in a larger sense for America’s role in in here tonight, we received petitions for courage everyone to use their freedoms. We the world. It has made a difference what we peace signed largely by college students that must answer America’s call by being true to have done in the Middle East, and in Bosnia, were presented by Jonathan Epstein of Trin- ourselves. We need to answer it in our own and in Northern Ireland, and in Haiti, and in ity College and Abigail Michelson of Bran- way and let others answer it in their own fighting against the proliferation of weapons deis, and I’d like to thank them. I think way. of mass destruction, and in leading the world they’re over here. I thank them very much If I could figure out America’s call so eas- to take a tougher stand against terrorism. for what they did for that. (Applause.) ily, I knew at least one of my fellow Ameri- We cannot afford to walk away from these I would also like to say a special word of cans must have figured it out too. I ran to responsibilities to the future of our children, thanks to the members of Congress who are the phone again, this time hoping I would our children’s children, and the children of here who have supported our administra- get through and that someone, in America, all the world. (Applause.) would answer the call. The phone rang and tion’s policies in the Middle East. If I miss What a difference a year can make. It was rang. Finally, the operator picked up. someone who I do not see, write my a nasty at this conference last year that Israel’s ‘‘I’m sorry,’’ he said. ‘‘All our lines are note tomorrow. (Laughter.) But I would like then-Prime Minister Yitzhak Rabin said, busy right now. Could you please hold?’’ to say a special word of thanks to Senator from day one Israel found itself in a unique ‘‘Sure,’’ I answered. Then I thought, ‘‘That Lautenberg, Congressman Frost, Congress- alliance with the United States, resting on was a good sign. At least I wasn’t getting an- man Engel, Congresswoman Lowey, Con- twin pillars of shared values and strategic other machine.’’ gressman Waxman, and Congressman Levin. partnership. Well, it’s still true. And now the America the Beautiful played softly in my (Applause.) And I hope I didn’t miss any- United States and Israel are still partners ear. I listened closely to the words. The song body; we can’t afford to lose any more based on shared values and common strate- made me feel homesick and proud at the friends in Congress. (Laughter and applause.) gies. same time. Before the song was over, the op- When the Prime Minister said that Israel I am grateful for the service, the life and erator returned: ‘‘Hello, This is the United was now spending as much money on edu- the sacrifice of Prime Minister Rabin. (Ap- States of America, the country where people cation as defense, I thought of seeing if I plause.) But I am also very grateful that the say ‘‘I can.’’ What can I do to help you? could get him to stay another week and just man he called his full partner, our friend f testify before a few committees. (Laughter Shimon Peres, is carrying forward the im- and applause.) And when you, sir, said that I portant work of peace with security. (Ap- PRESIDENT CLINTON’S SPEECH TO had made history for a second time, I can see plause.) AIPAC ON ISRAELI-AMERICAN myself being guilt-peddled into the future— From his earliest days when he helped to RELATIONS I can make history now every year from now establish Israel’s military, up to the very on until the end of my life. (Laughter and present when he has defined a vision of a new applause.) Middle East in his remarkable book—which, HON. TOM LANTOS Since I associate you with the struggle for Prime Minister, I have told the whole world OF CALIFORNIA peace, I can’t help, if you will indulge me one I enjoyed reading, and I’m promoting it for IN THE HOUSE OF REPRESENTATIVES real purely personal observation—the last you and I hope I get a certain percentage Monday, May 6, 1996 time I appeared before this conference before kickback if it really does very well. (Laugh- last year was in 1989, when the person who ter.) We just made another agreement. Mr. LANTOS. Mr. Speaker, last week the was supposed to appear on behalf of the They’re just spouting out all over. (Laughter American Israel Public Affairs Committee held Democratic Party against Lee Atwater went and applause.) May 6, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E709 I said that in jest—(laughter)—to lay the ability to overcome adversity that is the Earlier today, Prime Minister Peres and Sec- pretext for a serious comment. At least the true genius of the character and history of retary Perry signed an agreement to expand critical mass of American Jews should read the Jewish people. our theater missile defense program so that that book and become familiar with its con- If the Jewish people have endured cen- we can detect and destroy incoming missiles. tents, because if you do it will give you the turies of exile, persecution, the ultimate evil That way Israel will have not only the ad- energy for the tasks ahead, because the of the Holocaust, flourishing against all the vantage it needs today, but will be able to Prime Minister has been able to imagine odds, surely—surely—together they can defeat the threats of tomorrow. (Applause.) what the future might be like beyond the throw back their shoulders and raise their As part of this effort, we are proceeding history that can be made with the other heads and say, after all this, Hezbullah and with the third phase of the deployment of peace signings. And that vision is what must Hamas will not succeed where others have the Arrow missile program. (Applause.) The drive us all into tomorrow. failed. (Applause.) United States is committing $200 million to We have made a lot of progress with the Even as the katyushas were falling, we saw this effort so that the children who lived Declaration of Principles of the Palestinians, proof of peace taking hold. We saw it in the through the Scud attacks of the Gulf War the peace of the Aqaba with Jordan, the in- meeting between Prime Minister Peres and will never again face that fear. We also terim accord that was signed in Washington. Chairman Arafat 10 days ago, when they pledge to expand work on the Nautilus high- I have watched in these very difficult vowed to move ahead on the goals set by the energy laser system, which is designed to de- months since Prime Minister Rabin’s assas- Accords. We saw it in the Prime Minister’s stroy katyushas in flight. (Applause.) Our sination Prime Minister Peres rise to this path-breaking trips to Qater and Oman this Air Forces are working together so that the moment. He has been a true and reliable month. And I salute again the Prime Min- first of the F15–Is are delivered as planned friend of our country, and a true and reliable ister for the strength and commitment he next year. (Applause.) And we have offered leader of his own. And I am proud to say, as has shown in pursuing the peace in this dif- Israel the ARAAM, our most advanced air- Yitzhak Rabin said, he is our full partner for ficult period. to-air missile system so that Israel’s air peace and security. (Applause.) And, of course, last Wednesday, on the 48th power remains unmatched in the region. (Ap- This has been a trying time for those who anniversary of Israeli independence, the Pal- plause.) believe that a secure peace is the only true estinian National Council finally did change Our strategic cooperation is greater than hope for Israel and the Middle East. The the PLO Charter and deleted the hateful ever. We are continuing to help build Israel’s katyusha rockets, the bloodshed in Lebanon, clause calling for the destruction of Israel. high-tech capacity through the sale of super- the suicide bombings in Israel—we grieve for (Applause.) Now, think about that. That computers. We are even expanding coopera- the innocent victims, and for the Israelis symbol of hatred had endured since 1964, be- tion in space and preparing to train Israeli who simply wanted to live quiet lives in fore some people in this room were even astronauts. (Applause.) There may be a few their own country, for the innocent Palestin- born. It’s a moment we have long waited and volunteers out there, Mr. Prime Minister. ians who were killed in the suicide bombings worked for. The Palestinian leadership fol- (Laughter.) in Israel, for the children of our own na- lowed through on its commitments and made We are also working, as the Prime Minister tion—Sarah Dueker and Matthew Eisenfeld— a better move to a better day. All friends of said, more closely than ever to defeat terror- visiting a land they loved; for the Lebanese peace should be heartened by this, and espe- ism. This week we will complete the agree- children in Quana who were caught be- cially by the large margin of the vote in sup- ment to combat extremist violence that we tween—make no mistake about it—the delib- port of Chairman Arafat’s policy. began work on during my visit to Israel last erate tactics of Hezbollah in their position- Even during the suicide bombings there month. Almost as soon as we received word ing and firing—(applause)—and the tragic was dramatic proof that peace is taking root. of the bombings we began sending new equip- misfiring in Israel’s legitimate exercise of its Remember, Prime Minister Peres said, at the ment to detect explosives. Now we are com- right to self-defense. (Applause.) Summit of the Peacemakers in Sharm el- mitting more than $100 million to this pro- I know that in Israel and Lebanon, Sheikh we had 29 leaders from around the gram for equipment and training, for devel- throughout the Middle East and throughout globe, and 13 from the Arab world voting and opment of new technologies and improved the world, it would be so easy after yet an- committing themselves for the first time not communications and coordination. And I am other round of violence and death, to give only to condemn, but to work against terror- very pleased that in the budget I signed just up; to think that the very best we could ex- ism in Israel. It was an historic moment. two days ago, the first $50 million was in- pect is a future of separate, armed camps. It And we are following up on it. (Applause.) cluded in our common antiterrorist efforts. is that sort of bunker mentality that we I say again, I want to hammer this home, (Applause.) fight, indeed, all across the world in different not only to you who know, but to people be- We all know that Israel should have every ways today. It would be easy to give into it yond this room—this progress for peace is tool at its disposal in the fight against ter- in the Middle East, but it would be wrong. the reason the enemies of peace are lashing ror. And we all know that the organized I was asked the other day whether the vio- out. We must restore peace. We must restore forces of hatred and terror threaten people lence of the last few days was not proof that security. But we must not be diverted from not only in the Middle East, but here at the peace process was dead. I said, no, quite our ultimate goal, else we will hand them home and around the world. We saw that in the contrary; it was proof that the yearning the victory that they have sought all along. Oklahoma City, at the World Trade Center, for peace was alive. The people who started (Applause.) in the attacks we have thwarted, in the sub- the violence were trying to kill the longing We know the circle of peace cannot be ways of Tokyo, in the skies over Scotland. for peace. It is still alive, and we must not closed only by an end to the fighting in Leb- We see it all around the world. Fighting ter- let it die. We must stand up to what they anon. It can be closed only when the Arab-Is- rorism will remain one of our top law en- tried to do. (Applause.) raeli conflict is truly over; when normaliza- forcement priorities for many years to come. We can still achieve a peace if we conquer tion takes hold in the entire Arab world; And in order to be successful, we have to fear and restore security and deal honestly when Israel’s security is completely assured; have the tools we need here, and we have to with those with whom we have differences. when Israel is fully accepted in every way in work together. We know it will not be easy. Peace requires the region. The circle of peace will be closed I want to thank the Congress and members in some ways more strength than war. And only—and I say only—when the people of Is- in both parties for passing the antiterrorism we must have the patience to endure a few rael are confident that what they are getting bill I signed into law just last week. (Ap- more setbacks along the way. We know that is worth the risks they must take. Peace and plause.) I want to thank many of you in this it takes great courage to press forward into security are indivisible. And Israel must feel audience in both parties who worked hard an unknown future. It’s harder than retreat- comfortable and confident about both in and lobbied hard for that legislation. (Ap- ing into a familiar past. It takes great brav- order to achieve either over the long run. plause.) It will help us to stop terrorists be- ery to reach out to a former enemy. It’s easi- (Applause.) fore they strike and to bring them to justice er to stay in the false security of isolation. Let me say to you what I hope you already when they do. But I believe that Israel will maintain its know, the breakthroughs of the past were Now we can more quickly expel foreigners resolve for peace. As I said, I saw it in the possible because we built together a bond of who came here and support terrorist activi- eyes and I heard it in the voices of the chil- trust. And I pledge to you today that this re- ties. Our prosecutors can wield new tools and dren of Israel when I was there just last lationship will remain strong and vital—so expanded penalties against those who terror- month. I saw it in the eyes of those two strong and so vital that no one will ever ize Americans at home or abroad. And we young Americans who gave Prime Minister drive a wedge between us. (Applause.) can stop terrorists from raising money in the Peres and me those petitions. I heard it from Our commitment to Israel’s security is United States to pay for their crimes any- two boys in Israel, Yuri Tal and Tal Loel, unshakable. It will stay that way because Is- where around the world. (Applause.) who were badly wounded in the bombing in rael must have the means to defend itself by Again, I say AIPAC has long been a power- Tel Aviv—one even deafened. Despite their itself. In a time of shrinking resources, we ful voice in favor of this legislation. We may pain, they wrote to me from their hospital have maintained our economic assistance. not be able to always stop those who are beds, and I quote, from their hospital beds We have sought to enhance Israel’s security, gripped by hatred, but at least now because they wrote: Peace is the only true solution to lessen the risks it has taken and still of your support, we will make a real dif- for this area. takes every day for peace. ference in the fight against terror. And I They showed strength, having lost much Israel’s qualitative military edge is greater pledge to you that in America, in Israel and even in their young years. They showed the than ever because we have kept our word. around the world we will not rest from these E710 CONGRESSIONAL RECORD — Extensions of Remarks May 6, 1996 efforts until, in the words of the psalm, ‘‘We Admiral Moore then returned to Washington, No one could have sounded the alarm for a shall not be afraid of the terror by night, nor where he served on the Chief of Naval Oper- return to civility more brassily than the two for the arrow that flies by day.’’ ations Staff and followed that tour with one at gentlemen who got into a shouting match on When I was in Jerusalem last month, I placed a small symbol of the extraordinary the Navy Accounting and Finance Center the George Washington Parkway 2 weeks bond of solidarity between the United States where he was the vice commander. Bob then ago. Witnesses said the two men raced to cut and Israel on the grave of my friend Prime returned to Mechanicsburg, PA, as he as- one another off in the early morning commuter Minister Rabin. It was a little stone from the sumed command of the Navy Fleet Material traffic, gesturing angrily toward one another. South Lawn of the White House where the Support Office. Minutes later, one witness rounded a bend in first accord with the Palestinians was While serving at the Fleet Material Support the road to see a gruesome four-car collision signed. I put it there in keeping with the Office Admiral Moore's sustained distinguished that left three people dead. One of the dead Jewish tradition that says one must always service was reflected in his selection to flag was a man who had just returned from Penn- add to the memories of those who have died rank. His first flag tour was as competition ad- and never detract from them. sylvania, where he had attended his father-in- Well, it falls to us to add more to the vocate general of the Navy and he followed law's funeral. His wife was still in Pennsylva- memories of all those who have given their that with an assignment at the Navy Supply nia, coping with the loss of her father, when lives for Israel’s security and for the hope of Systems Command as assistant commander she got the news that her husband had been peace. And we must do this not only with for inventory and systems integrity. He was killed. Another innocent victim was a mother of stones, but in kind. We must build a peace as named to head the Naval Information Systems three children. She had put a career on hold hard and real as any stone. And in so doing, Management Center in 1991 and following to raise three children and was driving to her we will add to the memory of every martyr that tour was nominated and selected to be third day back on the job when she was killed. and validate the sacrifice of every martyr, the 38th chief of the Navy Supply Corps and We don't often see such visible results of and give meaning and breath and life to the dreams of so many who have gone before. commander, Navy Supply Systems Command our meaningless egotistical battles with other That is my vision to you and my pledge. in 1993. people. But each of us should look to that And I say to you, and especially to you, I While serving as commander of the Navy tragedy on the George Washington Parkway will do everything I can to help us achieve it Supply Systems Command, Admiral Moore as a most grave reminder that we need a re- together. has been instrumental in the streamlining and turn of civility in our society. The innocent peo- Thank you, and God bless you. (Applause.) reorganization of the command that has led to ple who died in that accidentÐa mother and f the savings of millions of the taxpayers' dollars a father working hard for their familiesÐshould while at the same time improving support to IN HONOR OF REAR ADM. BOB be heroic reminders that we have gone too deployed Navy ships. His innovative leader- MOORE far. ship has been a model for all of the service lo- As Members of Congress, we can't scratch gistics commands and has superbly postured our heads and wonder why our society has HON. IKE SKELTON the command for the 21st century. splintered when we belittle one another on the OF MISSOURI A man of Bob Moore's stature and vision is House floor. Returning civility to this country is IN THE HOUSE OF REPRESENTATIVES rare indeed. While his distinguished service a bigger challenge than either the Republican Monday, May 6, 1996 will be genuinely missed, it gives me great or the Democratic Party can accomplish. pleasure to recognize him before my col- Edgar Guess once said, ``I'd rather see a les- Mr. SKELTON. Mr. Speaker, I rise today to leagues, and to wish him ``fair winds and fol- son than hear one any day.'' I'm pleased that recognize and honor Rear Adm. Bob Moore, lowing seas,'' as he brings to a close a long we have spent this time calling for a return to Supply Corps, U.S. Navy, as he prepares to and distinguished career in the U.S. Navy. civility, but it's time that we also walked our retire upon completion of over 35 years of f talk. faithful service to our Nation. f A native of San Antonio, TX, Rear Admiral CIVILITY Moore received a bachelors degree from the CONNECTICUT OLD STATE HOUSE University of Texas. Subsequently, he earned HON. BLANCHE LAMBERT LINCOLN a master in business administration degree OF ARKANSAS HON. BARBARA B. KENNELLY from Harvard University. IN THE HOUSE OF REPRESENTATIVES OF CONNECTICUT Commissioned an ensign in the U.S. Navy IN THE HOUSE OF REPRESENTATIVES in 1961, Admiral Moore was immediately de- Monday, May 6, 1996 tailed to an afloat billet where he served as Mrs. LINCOLN. Mr. Speaker, I'm pleased Monday, May 6, 1996 supply officer on board the destroyer Hyman. that Members of the House have taken some Mrs. KENNELLY. Mr. Speaker, I rise today Following his tour on Hyman, Admiral Moore time to recognize the importance of civility. to celebrate the 200th anniversary of the Old was assigned as an instructor at the Navy When people moved off their front porches State House in Hartford, CT. This beautiful Supply Corps School in Athens, GA. In this into air conditioned homes, we didn't realize building is the living symbol of my State's important position, he was entrusted with train- what we were losing. Less time on the porch proud history and the important contributions ing the supply corps officers of the future. in the cool evenings meant less time talking to that Connecticut and its people have made to After completing his stint as a teacher, Ad- our neighbors. Less time talking to our neigh- our Nation. The Old State House, long recog- miral Moore was selected for duty in the Naval bors meant the loss of community and the nized as ``Connecticut's single most important Nuclear Propulsion Program. This is a com- loss of the security of knowing that if you're building,'' has now been rehabilitated and re- petitive program with only the very best supply late getting home from work, one of your newed after a 4-year, carefully orchestrated corps officers being selected for this pres- neighbors will make sure your children get off major construction project. All of Connecticut tigious duty. After his initial tour with the Navy the school bus safely. will celebrate its rebirth on May 11, 1996. Nuclear Program in Washington, DC, Admiral My husband and I live in the country in Ar- Nestled in the heart of what is now down- Moore was assigned as the program's con- kansas, but I have an apartment in Washing- town Hartford and today surrounded by mod- tracting officer at the General Electric facility in ton where I live when Congress is in session. ern office buildings, the site of the Old State Schenectady, NY. Each morning I walk into the elevator and House was a cradle of colonial history even Moving from Schenectady in 1971, Admiral meet a sea of blank stares from strangers. before the building existed. In 1638, the Rev. Moore was assigned to the Navy Ships Parts Have you ever noticed how people never Thomas Hooker preached a sermon there that Control Center in Mechanicsburg, PA, as di- speak in elevators? Nationwide, hundreds of led to the adoption of Connecticut's colonial rector of the Nuclear Equipment Support Divi- people get into their cars after work, drive up constitution. These Fundamental Orders of sion. Following this tour, he was again as- to the money machine on their way to the fast Connecticut later became the blueprint for the signed to the Naval Nuclear Propulsion Pro- food stand, and then go home to eat alone in U.S. Constitution. In 1781, at Meeting House gram. front of the television. One-fourth of Americans Square, Gen. George Washington met the All good sailors long to return to sea duty live aloneÐisolated from family and others French armies in America under Comte de and Admiral Moore was no exception. Follow- who might care for them when they're sick or Rochambeau and forged the Yorktown strat- ing his assignment in the Nuclear Propulsion lift them up when they need a little support. egy that led to victory in the Revolutionary Program he was detailed as supply officer of We're losing the community spirit that built War. the submarine tender U.S.S. Holland stationed this Nation. But we can rejuvenate it and one Eleven years later, construction began on in Holy Loch, Scotland. way to start is by returning a little civility. the Old State House. Designed by Charles May 6, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E711 Bulfinch, the building was completed in 1796. Mr. Speaker, the reopening of the Old State TRIBUTE TO THE BRONX COMMU- On May 11 of that year, it was dedicated by House is an important moment in the history NITY COLLEGE HALL OF FAME Connecticut's Revolutionary War statesman of Hartford and of Connecticut, and I am hon- RUN and first Governor, Oliver Wolcott. ored to submit these commemorative remarks For the next 82 years, the Old State House in order to share it with my colleagues. ´ was the scene of both glorious and tragic mo- f HON. JOSE E. SERRANO ments in Connecticut's history. Here, the noto- THE 90TH BIRTHDAY OF CLARA OF NEW YORK rious Amistad trial took place; here they draft- ALSTON ed the laws to incarcerate Prudence Crandall. IN THE HOUSE OF REPRESENTATIVES But here, too, Oliver Ellsworth resigned as Monday, May 6, 1996 U.S. Senator to become the third Chief Justice HON. JOHN CONYERS, JR. of the U.S. Supreme Court. Here, Lafayette OF MICHIGAN Mr. SERRANO. Mr. Speaker, I rise to pay and Marshall Foch were honored. Here, Con- IN THE HOUSE OF REPRESENTATIVES tribute to the 18th Annual Bronx Community necticut's constitutional conventions were held, Monday, May 6, 1996 College Hall of Fame Run, a 10-kilometer race first in 1818 and again, in 1965. Here, nine sit- sponsored by Bronx Community College. This Mr. CONYERS. Mr. Speaker, I rise today to ting Presidents of the United States visited: year's race will be held tomorrow starting from celebrate the 90th birthday of Clara Alston, a John Adams, James Monroe, Andrew Jack- Bronx Community College in my congressional constituent and friend of mine. district of the South Bronx, New York. son, Abraham Lincoln, Andrew Johnson, Ulys- Clara was born in Demopolis, AL, on May 3, ses Grant, Richard Nixon, Gerald Ford, Jimmy 1906, to parents Ernest and Daisy. Clara The Bronx Community College Hall of Fame Carter, and George Bush. moved with her family to Detroit when she Run was established in 1979 under the lead- When the State outgrew the building in was 13, and met her husband, Spencer ership of former Bronx Community College 1878, the Old State House served as Hart- James Alston there in 1921. Clara married president Dr. Roscoe C. Brown, Jr. and con- ford's city hall for 37 years. It was later used Spencer in 1924, and they raised five children tinues under the presidency of Dr. Leo A. Cor- as a community center for the Red Cross, the in Detroit. They joined Hartford Avenue Baptist bie. The race brings together runners of all Chamber of Commerce, and the Hartford Church, where Clara is still a member today. ages from the five boroughs of New York City Symphony. When the Connecticut River flood- Clara is the matriarch of a tremendous fam- to compete in a wholesome community event. ed, the Old State House was a dry shelter on ily in southeast Michigan. She today has over The run was named after the Hall of Fame high ground. In wartime, it was a bond center. 50 grand, great grand, and great-great grand for Great Americans, a national landmark es- And always, it has served the citizens of Con- children. tablished in 1900 to honor the achievements necticut. Mr. Speaker, today we do not hear enough of men and women in science, the arts, hu- Now, on the 200th anniversary of its open- news about the great things that are happen- manities, business, and government. This ing, the Old State House will again be a lively ing in families in America's big cities. We too beautiful landmark, designed by architect presence in the center of Connecticut's capital often hear the stories of broken homes and Stanford White, features a granite colonnade city. Under the visionary stewardship of Wilson failing families. That is why I am asking that containing the bronze busts of 97 distin- H. Faude, the executive director of the Con- we celebrate the 90th birthday of Clara Alston. guished Americans. necticut Old State House, and the Old State She raised five children in Detroit. She has House Association, the building has under- lived a long and productive life as mother, I have had the opportunity to participate in gone a $12-million metamorphosis that will wife, grandmother, and as an artist and gar- 15 of the 17 Bronx Community College Hall of usher in a new era of living history, art and dener. She is the first person in her family to Fame Runs and I am thrilled to be running in museum exhibits, educational programs and reach 90 years of age, and she is the pride this year's race. The event, which was origi- entertainment. Citizens of Hartford, CT, and and joy of her large family. nally a 10-kilometer race, now includes a 10- the Nation celebrate the rebirth of this land- Mr. Speaker, on Saturday, May 4, Clara kilometer walk and a 2-mile fitness walk. mark, a visible symbol of our proud and di- Alston's family and friends are getting together Mr. Speaker, I ask my colleagues to join me verse heritage, a gift to our children and to celebrate her 90th birthday. I want to wish in recognizing the Bronx Community College grandchildren, and a rallying point for the com- Clara a wonderful and beautiful day for her Hall of Fame Run in its 18th year of uniting munity as we look ahead to the future. special birthday. the community through healthy competition. E712 CONGRESSIONAL RECORD — Extensions of Remarks May 6, 1996 SENATE COMMITTEE MEETINGS Judiciary Governmental Affairs Youth Violence Subcommittee To hold oversight hearings on the Inter- Title IV of Senate Resolution 4, To hold hearings to examine Federal pro- nal Revenue Service. agreed to by the Senate on February 4, grams relating to youth violence. SD–342 1977, calls for establishment of a sys- SD–226 Judiciary tem for a computerized schedule of all Veterans’ Affairs Business meeting, to consider pending meetings and hearings of Senate com- To hold hearings to examine the reform calendar business. mittees, subcommittees, joint commit- of health care priorities. SD–226 SR–418 10:30 a.m. tees, and committees of conference. Special on Special Committee To Inves- This title requires all such committees 10:30 a.m. Foreign Relations tigate Whitewater Development Cor- to notify the Office of the Senate Daily To hold hearings on the nominations of poration and Related Matters To continue hearings to examine certain Digest—designated by the Rules Com- Dennis K. Hayes, of Florida, to be Am- issues relative to the Whitewater De- mittee—of the time, place, and purpose bassador to the Republic of Suriname, velopment Corporation. of the meetings, when scheduled, and Dennis C. Jett, of New Mexico, to be any cancellations or changes in the SH–216 Ambassador to the Republic of Peru, 1:00 p.m. meetings as they occur. and Donald J. Planty, of New York, to Appropriations As an additional procedure along be Ambassador to the Republic of Gua- Labor, Health and Human Services, and with the computerization of this infor- temala. Education Subcommittee mation, the Office of the Senate Daily SD–419 To hold hearings on proposed budget es- Special on Special Committee To Inves- Digest will prepare this information for timates for fiscal year 1997 for the De- tigate Whitewater Development Cor- partment of Labor. printing in the Extensions of Remarks poration and Related Matters SD–138 section of the CONGRESSIONAL RECORD To continue hearings to examine certain 2:00 p.m. on Monday and Wednesday of each issues relative to the Whitewater De- Appropriations week. velopment Corporation. Commerce, Justice, State, and the Judici- Meetings scheduled for Tuesday, May SH–216 ary Subcommittee 7, 1996, may be found in the Daily Di- 2:00 p.m. To hold hearings on proposed budget es- Appropriations timates for fiscal year 1997 for the gest of today’s RECORD. VA, HUD, and Independent Agencies Sub- Small Business Administration. committee S–146, Capitol MEETINGS SCHEDULED To hold hearings on proposed budget es- Commission on Security and Cooperation timates for fiscal year 1997 for the De- in Europe MAY 8 partment of Housing and Urban Devel- To hold a briefing on rebuilding Bosnia- Herzegovina, focusing on strategies and 9:30 a.m. opment. SD–192 the role of the United States. Appropriations 2255 Rayburn Building Defense Subcommittee Appropriations Treasury, Postal Service, and General Gov- To hold hearings on proposed budget es- MAY 10 timates for fiscal year 1997 for the De- ernment Subcommittee 9:30 a.m. partment of Defense, focusing on envi- To hold hearings on proposed budget es- Small Business ronmental programs. timates for fiscal year 1997 for the In- To hold hearings on proposed legislation SD–192 ternal Revenue Service, Department of relating to Small Business Investment Appropriations the Treasury. Company reform. Interior Subcommittee SD–138 SR–428A To hold hearings on proposed budget es- 2:45 p.m. timates for fiscal year 1997 for the Na- Select on Intelligence MAY 14 tional Endowment for the Arts. Closed business meeting, to consider SD–138 pending calendar business. 9:00 a.m. Labor and Human Resources SH–219 Labor and Human Resources Business meeting, to resume markup of Aging Subcommittee of S. 1643, authorizing funds for fiscal MAY 9 To hold hearings to examine challenges faced by an aging society. years 1997 through 2001 for programs of 9:30 a.m. SD–430 the Older Americans Act, and to mark Energy and Natural Resources 9:30 a.m. up S. 1360, to ensure personal privacy To hold oversight hearings to examine Commerce, Science, and Transportation with respect to medical records and the recent increase in gasoline prices. health care-related information. To hold hearings on proposed legislation SD–366 authorizing funds for fiscal year 1997 SD–430 Labor and Human Resources Rules and Administration for the Federal Aviation Administra- Children and Families Subcommittee tion and the Airport Improvement Pro- To resume hearings on proposals to To hold oversight hearings on the imple- amend the Federal Election Campaign gram. mentation of the Family and Medical Act of 1971 to provide for a voluntary SR–253 Leave Act. system of spending limits and partial SD–430 public financing of Senate primary and MAY 15 Indian Affairs general election campaigns, to limit 9:30 a.m. To hold oversight hearings on the impact contributions by multicandidate politi- Agriculture, Nutrition, and Forestry cal committees, and to reform the fi- of the U.S. Supreme Court’s recent de- To hold hearings to examine how the nancing of Federal elections and Sen- cision in Seminole Tribe v. Florida on Commodity Futures Trading Commis- ate campaigns. the Indian Gaming Regulatory Act of sion oversees markets in times of vola- SR–301 1988. tile prices and tight supplies. 10:00 a.m. SD–G50 SR–332 Appropriations 10:00 a.m. Energy and Natural Resources Commerce, Justice, State, and the Judici- Appropriations Business meeting, to consider pending ary Subcommittee Commerce, Justice, State, and the Judici- calendar business. To hold hearings on proposed budget es- ary Subcommittee SD–366 timates for fiscal year 1997 for the De- To hold hearings on proposed budget es- Rules and Administration partment of Commerce. timates for fiscal year 1997 for the Im- To resume hearings on proposals to S–146, Capitol migration and Naturalization Service amend the Federal Election Campaign Finance and the Bureau of Prisons, Department Act of 1971 to provide for a voluntary Business meeting, to mark up H.R. 2853, of Justice. system of spending limits and partial relating to most favored nation status S–146, Capitol public financing of Senate primary and for Bulgaria, H.R. 1642, relating to Appropriations general election campaigns, to limit most favored nation status for Cam- Transportation Subcommittee contributions by multicandidate politi- bodia, and H.R. 3074, relating to tariff To hold hearings on proposed budget es- cal committees, and to reform the fi- treatment of products imported from timates for fiscal year 1997 for the Fed- nancing of Federal elections and Sen- the West Bank and Gaza Strip. eral Transit Administration. ate campaigns. SD–215 SD–192 SR–301 May 6, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E713 2:00 p.m. MAY 17 MAY 24 Appropriations 9:30 a.m. 9:30 a.m. VA, HUD, and Independent Agencies Sub- Appropriations Appropriations committee VA, HUD, and Independent Agencies Sub- VA, HUD, and Independent Agencies Sub- To hold hearings on proposed budget es- committee committee timates for fiscal year 1997 for the Na- To hold hearings on proposed budget es- To hold hearings on proposed budget es- tional Aeronautics and Space Adminis- timates for fiscal year 1997 for the Cor- timates for fiscal year 1997 for the En- tration. poration for National and Community vironmental Protection Agency. SD–192 Service. SD–192 SD–192 MAY 16 JUNE 5 10:00 a.m. MAY 22 9:30 a.m. Agriculture, Nutrition, and Forestry Appropriations 9:30 a.m. To hold hearings to examine proposals to Transportation Subcommittee Agriculture, Nutrition, and Forestry To hold hearings on proposed budget es- reform the Commodity Exchange Act. To hold hearings on issues relating to SR–328A timates for fiscal year 1997 for the food quality protection. United States Coast Guard. SR–328A SEPTEMBER 17 SD–192 Rules and Administration 9:30 a.m. To resume hearings on issues with regard Veterans’ Affairs to the Government Printing Office. To hold joint hearings with the House SR–301 Committee on Veterans’ Affairs to re- view the legislative recommendations of the American Legion. 334 Cannon Building Monday, May 6, 1996 Daily Digest Senate on the cloture motion will occur, if necessary, at 10 Chamber Action a.m. on Wednesday, May 8, 1996. Page S4723 Routine Proceedings, pages S4697–S4761 Senate will continue consideration of the bill on White House Travel Office/Former Employees: Tuesday, May, 7, 1996, with a vote on a motion to Senate resumed consideration of H.R. 2937, for the close further debate on the bill to occur thereon at reimbursement of legal expenses and related fees in- 2:15 p.m. curred by former employees of the White House Nominations Received: Senate received the follow- Travel Office with respect to the termination of their ing nominations: employment in that office on May 19, 1993, taking John F. Hicks, Sr., of North Carolina, to be Am- action on the following amendments proposed there- bassador to the State of Eritrea. to: Pages S4717±23 Alan R. McKee, of Maryland, to be Ambassador Pending: to the Kingdom of Swaziland. (1) Dole Amendment No. 3952, in the nature of Arlene Render, of Virginia, to be Ambassador to a substitute. Page S4717 the Republic of Zambia. (2) Dole Amendment No. 3953 (to Amendment Stanley N. Schrager, of Illinois, to be Ambassador No. 3952), to provide for an effective date for the to the Republic of Djibouti. settlement of certain claims against the United Routine lists in the Army. Page S4761 States. Page S4717 Messages From the House: Page S4723 (3) Dole Amendment No. 3954 (to Amendment No. 3953), to provide for an effective date for the Communications: Page S4723 settlement of certain claims against the United Additional Cosponsors: Pages S4723±24 States. Page S4717 (4) Dole Motion to refer the bill to the Commit- Amendments Submitted: Page S4724 tee on the Judiciary with instructions to report back Additional Statements: Pages S4724±26 forthwith. Page S4717 Text of H.R. 2202, as Previously Passed: (5) Dole Amendment No. 3955 (to the instruc- Pages S4730±60 tions to the motion to refer), to provide for an effec- tive date for the settlement of certain claims against Adjournment: Senate convened at 12 Noon, and adjourned at 4:53 p.m., until 9 a.m., on Tuesday, the United States. Page S4717 (6) Dole Amendment No. 3956 (to Amendment May 7, 1996. (For Senate’s program, see the remarks No. 3955), to provide for an effective date for the of the Majority Leader in today’s Record on pages settlement of certain claims against the United S4760–61.) States. Page S4717 A second motion was entered to close further de- Committee Meetings bate on the bill and, by unanimous consent, a vote No committee meetings were held.

D425 D426 CONGRESSIONAL RECORD — DAILY DIGEST May 6, 1996 House of Representatives mittee on International Relations in the Second Ses- Chamber Action sion of the One Hundred Fourth Congress. Bills Introduced: 1 public bill, H.R. 3392; and 1 Page H4427 resolution, H. Res. 425 were introduced. Page H4430 Referral: One Senate-passed measure was referred to Reports Filed: Reports were filed as follows: the appropriate House committee. Page H4428 H.R. 1861, to make technical corrections in the Amendments Ordered Printed: Amendments or- Satellite Home Viewer Act of 1994 and other provi- dered printed pursuant to the rule appear on page sions of title 17, United States Code, amended (H. H4430. Rept. 104–554); Senate Messages: Message received from the Senate H.R. 2137, to amend the Violent Crime Control today appears on page H4425. and Law Enforcement Act of 1994 to require the re- lease of relevant information to protect the public Quorum Calls—Votes: No quorum calls or votes from sexually violent offenders, amended (H. Rept. developed during the proceedings of the House 104–555); today. H.R. 2511, to control and prevent commercial Adjournment: Met at 2:00 p.m. and adjourned at counterfeiting (H. Rept. 104–556); 2:22 p.m. H.R. 2980, to amend title 18, United States Code, with respect to stalking, amended (H. Rept. Committee Meetings 104–557); No Committee meetings were held. H.R. 1734, to reauthorize the National Film Pres- f ervation Board, amended (H. Rept. 104–558 Part 1); and COMMITTEE MEETINGS FOR TUESDAY, H. Res. 417, providing amounts for the expenses MAY 7, 1996 of the Select Subcommittee on the United States (Committee meetings are open unless otherwise indicated) Role in Iranian Arms Transfers to Croatia and Bosnia of the Committee on International Relations Senate in the Second Session of the One Hundred Fourth Committee on Commerce, Science, and Transportation, Sub- Congress (H. Rept. 104–559). Page 4430 committee on Consumer Affairs, Foreign Commerce, and Tourism, to hold oversight hearings on the Federal Trade Presidential Veto Message—Product Liability: Commission, 10 a.m., SR–253. Read a message from the President wherein he an- Subcommittee on Oceans and Fisheries, to hold hear- nounces his veto of H.R. 956, the Common Sense ings on the President’s proposed budget request for fiscal Product Liability Legal Reform Act of 1996 and ex- year 1997 for the U.S. Coast Guard, 10 a.m., SR–385. plains his reasons therefor—ordered printed (H. Doc. Committee on Energy and Natural Resources, Subcommittee 104–207). Pages H4425±26 on Forests and Public Land Management, to hold hear- ings on S. 1662, to establish areas of wilderness and Subsequently, it was made in order that further recreation in the State of Oregon, 2 p.m., SD–366. consideration of the veto message on H.R. 956 be Committee on Environment and Public Works, Subcommit- postponed until Thursday, May 9, 1996; and that, tee on Transportation and Infrastructure, to hold hearings upon further consideration of the veto message on on the General Service Administration’s Public Buildings that day, the previous question be considered as or- Service program request for fiscal year 1997 and on dis- dered on the question of passage of the bill, the ob- posal of GSA-held property in Springfield, Virginia, 9:30 jections of the President to the contrary notwith- a.m., SD–406. standing, without intervening motion or debate ex- Committee on the Judiciary, to resume hearings on S. 1284, to amend title 17 to adapt the copyright law to cept one hour of debate on the question of passage. the digital, networked environment of the National Infor- Pages H4426±27 mation Infrastructure, 10 a.m., SD–106. Late Report: Committee on House Oversight re- Committee on Labor and Human Resources, to hold hear- ceived permission to have until midnight on Mon- ings on proposed legislation authorizing funds for the day, May 6, to file a report on H. Res. 417, provid- National Institutes of Health, 9:30 a.m., SD–430. Special Committee To Investigate Whitewater Development ing amounts for the expenses of the Select Sub- Corporation and Related Matters, to resume hearings to ex- committee on the United States Role in Iranian amine certain issues relative to the Whitewater Develop- Arms Transfers to Croatia and Bosnia of the Com- ment Corporation, 10:30 a.m., SH–216. May 6, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D427 NOTICE Travel and Tourism Partnership Act, 3:30 p.m., 2123 Rayburn. For a listing of Senate Committee Meetings sched- Committee on Rules, to consider the following: H.R. uled ahead, see pages E712–13 in today’s Record. 3322, Omnibus Civilian Science Authorization Act of 1996; H.R. 2406, United States Housing Act of 1996; House and H.R. 3286, Adoption Promotion and Stability Act of Committee on Appropriations, Subcommittee on Com- 1996, 3 p.m., H–313 Capitol. merce, Justice, State and the Judiciary, on Arms Control Committee on Transportation and Infrastructure, Sub- and Disarmament Agency, 2 p.m., and on Telecommuni- committee on Surface Transportation, to continue hear- cations Issues, 3 p.m., 2360 Rayburn. ings on ISTEA reauthorization: The Federal Role for Subcommittee on Interior, on Interior Columbia Basin Transportation and National Interests, 1 p.m., 2167 Ray- Ecosystem Management Project, 1:30 p.m., B–308 Ray- burn. burn. Permanent Select Committee on Intelligence, executive, to Subcommittee on Labor, Health and Human Services, mark up fiscal year 1997 Intelligence Authorization, 2 and Education, on Secretary of Labor, 10 a.m., and on p.m., H–405 Capitol. Employment and Training Administration, 2 p.m., 2358 Joint Meetings Rayburn. Committee on Commerce, Subcommittee on Commerce, Joint Committee on the Library, business meeting, to con- Trade, and Hazardous Materials, to mark up H.R. 2579, sider a report of the General Accounting Office on the Library of Congress, 10 a.m., SR–301. D428 CONGRESSIONAL RECORD — DAILY DIGEST May 6, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Tuesday, May 7 12:30 p.m., Tuesday, May 7

Senate Chamber House Chamber Program for Tuesday: After the recognition of three Program for Tuesday: Consideration of the following 3 Senators for speeches and the transaction of any morning Suspensions: business (not to extend beyond 10:30 a.m.), Senate will 1. H.R. 3269, Impact Aid Technical Amendments of resume consideration of H.R. 2937, relating to the White 1996; House Travel Office/Former Employees. 2. H.R. 2137, Megan’s Law; and 3. H.R. 2980, Interstate Stalking Punishment and Pre- vention Act of 1996. Consideration of H.R. 2974, Crimes against Children and Elderly Persons Increased Punishment Act (open rule, 1 hour of general debate); and Consideration of H.R. 3120, Regarding Witness Retal- (Senate will recess from 12:30 p.m. until 2:15 for respective iation, Witness Tampering and Jury Tampering (open party conferences.) rule, 1 hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Harman, Jane, Calif., E707 Pomeroy, Earl, N. Dak., E707 Kennelly, Barbara B., Conn., E710 Serrano, Jose´ E., N.Y., E707, E711 Cardin, Benjamin L., Md., E707 Lantos, Tom, Calif., E708 Skelton, Ike, Mo., E710 Conyers, John, Jr., Mich., E711 Lincoln, Blanche Lambert, Ariz., E710

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