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

Vol. 141 WASHINGTON, WEDNESDAY, SEPTEMBER 27, 1995 No. 152 Senate (Legislative day of Monday, September 25, 1995)

The Senate met at 9 a.m., on the ex- RECOGNITION OF THE MAJORITY Actually, I have dined at many fine piration of the recess, and was called to LEADER restaurants during my lifetime, but I order by the President pro tempore The PRESIDENT pro tempore. The consider the Bright Star one of the [Mr. THURMOND]. majority leader, Senator DOLE, is rec- world’s very best. It is certainly on a par with the finest restaurants in New The PRESIDENT pro tempore. To- ognized. Orleans, San Francisco, Washington, day’s prayer will be offered by a guest f SCHEDULE New York, Paris, London, Athens, Vi- Chaplain, the Reverend Dr. George enna, Rome, Budapest, and Copen- Mr. DOLE. Mr. President, there will Gray Toole, Towson Presbyterian hagen. At one time, it had Alabama ri- Church in Baltimore, MD. be a period of morning business until 9:15. At 9:15, as I understand—and we do vals in Montgomery’s Elite Cafe and not have staff around—there will be Mobile’s Constantine’s, but these are PRAYER four votes. There will be a vote in rela- unfortunately no longer in existence. tion to the amendment offered by the The Bright Star is well-known for its The guest Chaplain, the Reverend Dr. Senator from West Virginia, Senator many specialties, but its Greek-style George Gray Toole, offered the fol- ROCKEFELLER; one vote on an amend- red snapper is truly one of the most su- lowing prayer: ment offered by the Senator from Mon- perb seafood dishes I have ever tasted. O God, You who have created the na- tana, Senator BAUCUS; and on one There are also a variety of steaks fea- tions and so richly blessed our Nation amendment offered by the Senator tured, and the beef tenderloin—which and its people, we acknowledge Your from Maryland, Senator SARBANES. is marinated in special herbs that the presence and ask for Your guidance for Under the previous order, leadership Greeks know how to combine and cook time is reserved. the U.S. Senate. As it meets under the in a Mediterranean style—is simply de- f pressure of time and with so many cru- licious. There is a variety of broiled MORNING BUSINESS and fried fish to choose from, as well as cial issues before it, we ask You to giant seafood platters. One of the spe- minister to its Members and support The PRESIDENT pro tempore. Under the previous order, the Senate will now cialties is a combination lobster and staff. Where weariness prevails, give proceed to morning business, which crab meat au-gratin. The broiled sea- them strength. Where matters become shall not extend beyond 10 minutes, food platter is widely considered one of complex, give them discernment. When under the control of the Senator from the very best to be found anywhere. hard choices are to be made, give them Alabama [Mr. HEFLIN]. One can also enjoy Italian dishes at integrity. Cause them to work in such The able Senator from Alabama [Mr. the Bright Star, such as spaghetti and a way that, when all of this is past, HEFLIN] is recognized. other types of pasta. Their appetizers they may be content with the work f are most unique and some of the best they have accomplished. We do not ask A BRIGHT STAR IN AMERICA’S include shrimp remoulade, shrimp that all of them be of one opinion, but CONSTELLATION OF RES- arnaud, the crab claw platter, and the that they be of one heart in their com- TAURANTS seafood gumbo. They offer many vari- mitment to the people and principles of Mr. HEFLIN. Mr. President, when- eties of salads, but their Greek salad— this Nation and to the way You have ever I have the pleasure of traveling in with or without anchovies—is magnifi- set before each and all of us. That this north Alabama, I try to visit Bessemer, cent. They also have many standard may be done, we come to You now, AL, about a 15-minute drive from the American dishes. Fried chicken and the that You may lead them first before city of Birmingham. One of the many veal cutlet with spaghetti are popular attractions in Bessemer is the Bright items on the menu. The chefs have ac- they seek to lead the people of this Na- Star, one of our Nation’s very best quired a real knack for preparing vege- tion. Use their gifts and talents, which family-owned restaurants. Its reputa- tables southern-style. They serve ev- are great in number and variety, and tion has been built over the course of erything from turnip greens to black- have them serve in a manner that will this century, with fresh seafood trans- eyed peas. The desserts include all va- cause the citizens of this Nation to ported from the gulf coast daily, the rieties, ranging from Greek pastries to honor them. And in all things, let all finest cuts of meat available, and the homemade southern pies, like coconut that they do praise You. Amen. freshest vegetables and produce. cream and banana nut.

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

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VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14336 CONGRESSIONAL RECORD — SENATE September 27, 1995 For a hungry person, there is a truly Koikos, Nick, and Jimmy. Nick over- Fumiko Adams—19 years. impressive variety of food to choose sees the general operations of the res- Elizabeth Gardner—19 years. from at the Bright Star. The Texas spe- taurant, including the kitchen, and Nita Ray—27 years. cial—consisting of the Greek-style Jimmy serves as the greeter of their Rita Weems—12 years. Anne Mull—15 years. snapper, tenderloin of beef Greek-style, patrons and as the front man. Their Marie Jackson—20 years. and the lobster and crab meat au-grat- sister, Helen, also plays an active role, Sarah Marshall—10 years. in—is an entree that does not escape working as the cashier on Fridays and Anthony Ross—10 years. the memory for years to come. Sundays and generally helping out Faye Kelley—12 years. Sunday lunch at the Bright Star is whenever she is needed. The Koikos Dale Ware—10 years. one of its busiest times. After church family has maintained a high level of Jerome Walker—10 years. services, worshipers will flock from commitment to hard work over the f miles around, and sometimes delay lifetime of their restaurant. their Sunday lunch until 2:30 or 3 p.m. The employees of the Bright Star are TRIBUTE TO LOU WHITAKER AND in the afternoon, in order to avoid the an integral part of the family there, ALAN TRAMMELL overflow crowd. and many of them have been with the Mr. LEVIN. Mr. President, I rise After a University of Alabama foot- restaurant for many years. I ask unani- today to pay tribute to two out- ball game in Birmingham, fans who mous consent that a list of the employ- standing athletes from my home State have come up from Tuscaloosa will ees who have been with the Bright Star of Michigan. They deserve our respect stop by on the way back after the for 10 years or more be printed in the not only for their athletic achieve- game. In years past, it was not uncom- RECORD following my remarks. Among ments, which are considerable, but for mon to see legendary Alabama football these are Gwendolyn Atkinson, an em- their professional conduct and dedica- figures like Coach Bear Bryant, Hank ployee for 32 years; Mary Sherrod, 46 tion to their community. Crisp, and Frank Thomas. At the years; Fannie Wright, 33 years; Walter In an age when professional athletes Bright Star, political figures are fre- Hoskins, 28 years; and Nita Ray, 27 move from city to city, it is refreshing quent guests. On one occasion, I ran years. to talk about these two men. Lou into Senator SHELBY and former Con- The PRESIDING OFFICER. Without Whitaker and Alan Trammell have gressman Claude Harris at separate ta- objection, it is so ordered. been the second baseman and short- bles. (See exhibit 1.) stop, respectively, for the Detroit Ti- The history of the Bright Star is rich Mr. HEFLIN. Mr. President, the long, gers for 19 years. They have played in and quintessentially American. In 1907, dedicated, and loyal service of these more than 1,915 games together. That Greek immigrant Tom Bonduris estab- employees is evidence of the type of is more than any other set of team- lished the Bright Star. When its doors employers the Koikos brothers are and mates in the history of the American opened, it was only a small cafe with a the type of family atmosphere they fos- League. horseshoe-shaped bar, but it soon out- ter in their restaurant. We can, and should, admire their grew three locations, moving to its As American citizens, business own- achievements on the field. Alan Tram- present site in 1915. Bill Koikos and his ers, and participants in the democratic mell has won four Golden Glove brother, Peter, joined in the enterprise process, this family has developed and Awards, been selected for the All-Star when they emigrated from Greece in maintained a reputation envied by all game six times, and was voted the 1920. Customers were introduced to a those who look to our shores for a new Most Valuable Player in the 1984 World new dining atmosphere, complete with start in life. Today, Koikos family Series. Lou Whitaker was voted Amer- ceiling fans, tile floors, mirrored and members are among the best to be ican League Rookie of the Year in 1978, marbled walls, and murals painted by a found in Bessemer—or anywhere, for has won three Golden Glove Awards, European artist traveling through the that matter—and Alabama has an es- and has played on four All-Star teams. area, all creating a pleasing effect re- tablishment in which it can take great More uniquely, he is one of only two flective of that era. While major alter- pride. Likewise, the United States of second basemen in history to have ations have occurred since, the same America is a better nation because of played in 2,000 games, had over 2,000 early 20th-century-style atmosphere the outstanding contributions of those hits, and over 200 homeruns. I expect has been largely preserved. from other lands like the Koikos fam- that Alan Trammell and Lou Whitaker The Bright Star’s reputation and suc- ily, whose mission has been to con- will one day be inducted into the Base- cess are easily measured simply by the tribute, and whose members believe ball Hall of Fame for these achieve- satisfaction of its clientele. A place that the American dream can still be ments. like home was the kind of climate fos- realized if one has the courage and de- Even more though, we should admire tered by Tom Bonduris in 1907 and kept termination to work toward that their dedication and loyalty to a team alive today by the Koikos brothers and dream. and a town—attributes that seem in- their descendants—Bill’s wife, Ana- I congratulate all the members of the creasingly scarce today. Since 1976, stasia, and children, Helen, Jimmy, Koikos family on the tremendous suc- they have been a part of Detroit. I have and Nicholas. cess of the Bright Star, and I person- seen many games where Tram and Lou As immigrants, Tom Bonduris and ally look forward to enjoying many have turned the double play that has Bill and Peter Koikos knew little of more dining experiences there in the become their hallmark. The amazing the English language and had few pos- future. There are still many items on thing to consider is the millions of fans sessions when they arrived in this the menu which I have not yet tried, in Michigan and across the country country, but they worked hard and but hope to sample soon. that have seen that same feat. learned to please their customers. By EXHIBIT 1 Alan Trammell and Lou Whitaker, establishing the Bright Star restaurant BRIGHT STAR EMPLOYEES OF 10 YEARS OR through their consistent performance as a place of ‘‘philotimo’’—a place of MORE and grace, have given something spe- hospitality from the heart—the Koikos Gwendolyn Atkinson—32 years. cial to the people of our State. For and Bonduris families drew upon the Betty Bailey—22 years. that they deserve our admiration and culture and traditions of their ances- Wanda Little—11 years. our thanks. They will always have a tors, striking a resounding chord of ac- Mary Sherrod—46 years. special place in the hearts of millions ceptance with the public which has Robert Moore—11 years. who have cheered their feats on and off never faded. They brought with them Dorothy Patton—19 years. the field. certain recipes from Greece, and the Felisa Tolbert—16 years. Koikos family has continued to use Carl Thomas—18 years. f Fannie Wright—33 years. these and secret blends of herbs and Aareen Tolbert—16 years. spices ever since those early days to A RESPONSE TO ABC NEWS’ VIEWS Angela Sellers—13 years. OF THE EARLY ROMAN SENATE make their food unique. Marlon Tanksley—13 years. Today, the Bright Star is wholly Walter Hoskins—28 years. Mr. BYRD. Mr. President, modern- owned and run by the sons of Bill Brenda Adams—12 years. day life expectancy now tops seventy

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14337 years. Compare that to the life expect- —Roman Political Institutions from City Council of the Plebs and its laws were sub- ancy during the days of the Roman to State (1962) by Leon Homo: ject to the veto power of the Senate. Empire, when the average Roman cit- The Senate.—Lastly, the Senate, the —A History of Rome to the Battle of Ac- izen could expect to live approximately stronghold of the Patriciate, which it perma- tium (1894) by Evelyn Shirley 22 years (June 13, 1994, Gannett News nently represented, enjoyed a still more Shuckburgh, M.A.: Service). Twenty-two years—an amaz- complete right of control. In elections and in . . . the second ordered the auctoritas of ing fact, especially when we consider voting of laws alike, the decision of the the fathers (that is, a resolution of the Sen- that today, one must attain the age of Centuriate Assembly must, to be fully valid ate) to be given beforehand in favor of laws and to produce its legal effects, be ratified passed in the centuriate assembly... 25 before serving in the United States afterwards by the Senate (auctoritas Patrum). House of Representatives and the ripe Refusal of the Senate to ratify was an abso- * * * * * old age of 30 before contemplating serv- lute veto; it made every decision of the It took from the senators the power of ice in the United States Senate. Comitia Centuriata null and void, and they stopping the passing of a law in the I mention this not as a point of inter- had no legal recourse against it. centuriate assembly,... est, however, but to underscore the * * * * * Mr. President, though these two mat- fact that the august members of the So, through the Consuls, the Senatorial ol- ters may seem trivial and insignificant Roman Senate—many of whom were in igarchy recovered, in indirect but effective to some, I did want to take this oppor- their thirties or forties—were, indeed, form, the veto, the auctoritas Patrum, of tunity to assure the readers of my the ‘‘senior citizens’’ of their time. which the Lex Hortensia had deprived it. book, The Senate of the Roman Republic, Recently, ABC News aired a story in * * * * * that the conclusions drawn are based which they questioned the accuracy of . . . the Senate, in losing its right of on a great deal of study on my part. two passages in my book, The Senate of veto,... Over the course of many years of re- the Roman Republic. The reporter of * * * * * search, I have gleaned information, not this news segment chose to take issue Sulla, in the course of his Dictatorship, re- only from esteemed modern scholars in with my assertion that ‘‘the Roman stored its [the Senate’s] old right of veto, Roman history, but also from the ac- Senate, as originally created was but it was only for a short time. tual historians of the time. My ref- meant to be made up of a body of old —A History of the Roman World 753–146 erence to the Roman Senate as an as- men.’’ What ABC News failed to men- BC (1980) by H.H. Scullard, FBA, sembly of old men and to the veto tion, however, was the average life ex- FSA: power of the Roman Senate was gar- pectancy for that period of time—a Though the Senate was a deliberative body nered from these authorities. I recog- mere twenty-two years. If the ABC re- which discussed and need not vote on busi- nize that history is sometimes subject porter had just looked up the word sen- ness, it had the right to veto all acts of the to interpretation; therefore, one can ate in Webster’s New International Dic- assembly which were invalid without senato- only assume that this may have been tionary, Second Edition, he would have rial ratification. the premise for the ABC News story. seen that the very definition of senate * * * * * f is ‘‘literally, an assembly of old men or In all branches of government the Roman people was supreme, but in all the Senate CONCLUSION OF MORNING elders***’’ Further, when Flavius BUSINESS Eutropius, a fourth-century historian, overshadowed them: ‘‘senatus populusque was writing of the origin of Rome, he Romanus’’ was not an idle phrase. The PRESIDING OFFICER (Mrs. made reference to Romulus’ creation of —A History of Rome to A.D. 565 (1965) HUTCHISON). There being no further the first senate, ‘‘ * * * he chose a hun- by Arthur E.R. Boak, Ph.D. and morning business, morning business is dred of the older men***whom, William G. Sinnigen, Ph.D.: closed. from their age, he named senators.’’ The Senate also acquired the right to sanc- f tion or to veto resolutions passed by the As- In addition, ABC disputed my claim DEPARTMENTS OF VETERANS AF- with respect to the Roman Senate’s sembly, which could not become laws with- out the Senate’s approval. FAIRS AND HOUSING AND URBAN veto power. As the following excerpts DEVELOPMENT, AND INDE- from noted historians will attest, this * * * * * PENDENT AGENCIES APPROPRIA- During the early years of the Republic, the power of the Senate ebbed and flowed TIONS ACT, 1996 from time to time, but in the main, the only Assembly of the People was the old Senate preserved, directly or indi- Curiate Assembly of the regal pe- The PRESIDING OFFICER. The riod....Its powers were limited to voting, rectly, its authority and power of rati- clerk will report the pending business. for it did not have the right to initiate legis- The assistant legislative clerk read fication or veto over the actions of lation or to discuss or amend measures that as follows: Roman assemblies. I believe my case is were presented to it. Its legislative power, A bill (H.R. 2099) making appropriations made by the following quotes from furthermore, was limited by the Senate’s for the Departments of Veterans Affairs and right of veto. prominent historians. Housing and Urban Development, and for —A History of the Roman People (1962) * * * * * sundry independent agencies, boards, com- by Heichelheim and Yeo: The legislative power of the Centuries was missions, corporations, and offices for fiscal The senate possessed still another ancient limited for a long time, however, by the veto year ending September 30, 1996, and for other source of authority summed by the phrases power of the patrician senators (the patrum purposes. auctoritas patrum, which gave it the power to auctoritas), who had to ratify measures The Senate resumed consideration of ratify resolutions of the popular assembly passed by the assembly before they became the bill. before enactment. law. This restriction was practically re- Pending: —A History and Description of Roman moved by the Publilian Law (339), which re- quired the patres to ratify in advance pro- Sarbanes Amendment No. 2782, to restore Political Institutions (1963) by Frank posals that were to be presented to this as- homeless assistance funding to fiscal year Frost Abbott: sembly. 1995 levels using excess public housing agen- This view that the senate was the ultimate cy project reserves. source of authority was the aristocratic the- * * * * * Rockefeller Amendment No. 2784, to strike ory of the constitution down to the end of Hence it was called the Council of Plebs section 107 which limits compensation for the republican period. . . (concilium plebis) and not the Tribal Assem- mentally disabled veterans and offset the bly. Its resolutions, called plebiscites, were loss of revenues by ensuring that any tax cut * * * * * binding on plebeians only; but, from the late benefits only those families with incomes Between 449 and 339, then, in the case of fourth century at least, if the resolutions less than $100,000. both the comitia centuriata and the concilium were approved by the Senate, they became Rockefeller Amendment No. 2785 (to com- plebis, a bill, in order to become a law, re- valid for all Romans. In the course of the mittee amendment on page 8, lines 9–10), to quired, first, favorable action by the popular fourth century the consuls began to summon increase funding for veterans’ medical care assembly, then the sanction of the patrician for legislative purposes an assembly that vir- and offset the increase in funds by ensuring senators....Now one clause of the tually duplicated the Council of the Plebs that any tax cut benefits only those families Publilian law, as we have already seen, pro- but was called the Tribal Assembly (comitia with incomes less that $100,000. vided that in the case of the centuriate tributa) because it was presided over by a Baucus Amendment No. 2786, to provide comitia the auctoritas patrum should precede magistrate with imperium and was open to all that any provision that limits implementa- the action of the comitia.’’ citizens. It voted in the same way as the tion or enforcement of any environmental

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14338 CONGRESSIONAL RECORD — SENATE September 27, 1995 law shall not apply if the Administrator of VA care. However their needs are being these veterans are less likely to object the Environmental Protection Agency deter- addressed, it is not a result of VA ac- to such governmental intrusion into mines that application of the prohibition or tivity except to the extent that the their lives, but that is hardly a basis limitation would diminish the protection of veterans use their compensation pay- for this sort of legislation which takes human health or the environment otherwise provided by law. ments to pay for care. away compensation to which the vet- Another point that must be ad- erans are entitled. The PRESIDING OFFICER. Under dressed relates to the relationship of Mr. President, it is worth noting that the previous order, there are 4 minutes those who might receive some of the about 85 percent of estates left by men- equally divided for debate, and a vote veteran’s estate at the time of the vet- tally incompetent veterans are inher- will follow that 4 minutes. eran’s death. As I noted in my state- ited by close family members. While AMENDMENT NO. 2784 ment last evening, it is certainly pos- these individuals may or may not be Mr. ROCKEFELLER. Madam Presi- sible that some remote heirs might dependents, that should hardly dis- dent, speaking as a proponent of the benefit from a mentally incapacitated qualify them from inheriting the vet- amendment, this amendment would veteran’s estate. However, the only erans’ estates. Indeed, it is very often strike a provision in the bill which cuts thing this provision ensures is that the these individuals—parents, nondepen- off disability compensation to certain veteran’s estate will be diminished un- dent children, brothers and sisters, veterans who are disabled by reason of less the veteran has dependents. There other close family members—who have mental problems. It cuts off their sav- is nothing in the provision which lim- made significant personal sacrifices to ings when they reach $25,000. We do its its effect to noncaring, distant rel- care for the veteran during the vet- that for no other veteran. We do that atives. The existence of a loving, car- eran’s lifetime. for nobody else in the country, as far ing nondependent child who sees the Mr. President, it should be noted as I know. veteran daily would not be sufficient to that the estates of mentally disabled The amendment is funded by limiting keep this provision from taking effect. veterans are frequently made up of any tax cut under the budget resolu- It would be triggered in any case in funds from sources other than VA ben- tion to families earning less than which there are no dependents. efits, and the effect of this provision $100,000. Mr. President, the suggestion was would be to require these veterans to Madam President, there is no jus- made that this provision is necessary reduce the overall value of their es- tification whatever for singling out in order to keep remote heirs from in- tates in order to continue to receive mentally disabled people for discrimi- heriting the estates of mentally dis- the compensation which is their due. natory treatment. There is none. abled veterans. I note that no evidence The bottom line, Mr. President, is If these veterans are disabled, we as a was cited to support the proposition, this: No matter what arguments are nation have said that they are entitled nor is there any evidence that I am put forward in an attempt to justify to disability compensation—entitled to aware of, that would demonstrate that this provision, in the end it can only be seen as what it is—rank discrimination it. It is in the law. We have not said a mentally impaired veteran is any against mentally disabled veterans. It they are entitled to compensation only more likely to leave an estate to re- is unworthy of the Congress and should if they are poor. We have not said they mote heirs than a mentally competent are entitled to compensation only if be rejected. one. It is important to highlight that Mr. President, I am aware of the two they have savings less than $25,000. We the VA process relating to a declara- have not said they are entitled to com- reports—a 1982 GAO report and a 1988 tion of incompetency does not mean VA inspector general report—that are pensation only if they have no sources that a veteran does not have the abil- of funds from anywhere else. cited as the justification for this provi- ity to execute a valid will. sion. While it may be argued that some They are entitled to compensation. This concern about so-called remote support for this provision may be found We have said that they are entitled be- heirs would apply to any disabled vet- cause of their disability. Are we pre- in one or both of these reports, I think eran who dies without a will. Any vet- that a closer examination will show pared to say now, for some reason, that eran—mentally disabled or otherwise— mentally disabled people are somehow that this reliance is misplaced. who is able to execute a will and who For example, Mr. President, neither less entitled as veterans, solely because does so should not have limitations on report provided evidence that mentally they are disabled? who can be named as beneficiary under disabled veterans accumulate more as- This Senator is not; hence, my the will, nor any restriction on the sets than other veterans. Nor did either amendment. I urge my colleagues to amount of the estate that can pass report find a basis for distinguishing waive the Budget Act and then to under the will. If there is a govern- mentally disabled veterans from all strike this provision which discrimi- mental interest in restricting inherit- other disabled veterans on the issue of nates against mentally disabled vet- ance of estates, any part of which is the disposition of their estates or as to erans. made up of VA compensation—and let any other element related to their VA Mr. President, during last evening’s me be clear, I do not believe that there compensation. In fact, neither report debate on my amendment to strike the is—then it must apply equally to a dis- looks at competent veterans. provision from the appropriations bill abled veteran who is not mentally in- Both reports assumed, with no basis, which provides for a cutoff of com- competent. that mentally disabled veterans do not pensation to mentally disabled vet- As many of my colleagues know, the have wills. This is simply not true. erans when their savings reach a cer- original enactment of this provision Neither report studied mentally com- tain level, we were operating then was challenged by the Disabled Amer- petent veterans to learn how they dis- under a limited time agreement, which ican Veterans in a lawsuit in 1991. pose of their estates. I accepted in the interests of moving The Federal court that heard the The GAO report looked at a small the progress of the bill. However, there case—and which declared that original sample—only four regional offices— were a number of points made during enactment unconstitutional—noted hardly a sufficient basis on which to that debate which should not go unan- that the limitation did not affect the make so sweeping a change in VA com- swered, so I am making this further payment of compensation to between pensation policy. statement to describe more fully my 95 to 98 percent of the disabled veterans With respect to the inspector gen- views on this legislation. who have no dependents. It hardly eral’s report, my colleagues may not Mr. President, one point that was makes sense or can be defended that know that the IG did not recommend made a number of times during the de- this small group of mentally disabled that compensation payments to men- bate was that the mentally incom- veterans should be singled out for this tally incompetent veterans be stopped, petent veterans we are talking about treatment. but rather recommended that the com- have all of their needs taken care of by Mr. President, the only char- pensation payments be paid into a spe- VA. I am not certain what point was acteristic that distinguishes the class cial trust fund on behalf of the vet- being made, but I think it is vital to of veterans that is being singled out in erans. note that the individuals that are cov- this legislation is their mental injury Mr. President, in essence, this provi- ered by this amendment are not under or disease. Perhaps some believe that sion is establishing a means test for

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14339 one very small group of veterans, and I think more people around the Sen- cepting substantial tax cuts. What doing so on a very scant record. I know ate should heed the words of Abraham kind of shared sacrifice is this? that both the House and Senate Vet- Lincoln, which are chiseled on a plaque I believe that one of the great erans’ Affairs Committees supported at the Veterans Administration build- strengths of these amendments is that this provision in OBRA 90. We made a ing a few blocks from here. These they make a significant contribution mistake then, and nowhere is that words ring as true today as they did in to righting the balance. The $511 mil- demonstrated more clearly than in the the aftermath of the bloody Civil War: lion that would be restored to the med- district court opinion in the suit ‘‘To care for him who shall have borne ical care account to enable the VA to brought by DAV. the battle and for his widow, and his meet veterans health care needs and Our committee could have repeated orphan.’’ the $170 million that is needed to en- the mistake in this Congress as we I urge my colleagues to join me in sure that all mentally ill veterans con- worked to meet our reconciliation voting for this important amendment. tinue to receive unrestricted com- mandate. We did not. The Senate Mr. WELLSTONE. Madam President, pensation are to be offset by limiting should not do so either. I am very proud to be an original co- any tax cuts provided in the reconcili- Mr. LEAHY. Mr. President, I am an sponsor, I say to my colleagues, of both ation bill to families with incomes of original cosponsor of the Rockefeller of these amendments. There is, I think, less than $100,000. amendment, and I urge my colleagues a very, very direct question for each Our Nation’s veterans are prepared to to vote for its adoption. This is a sim- Senator to answer. In exchange for sacrifice for the good of this country as ple amendment, and its passage will agreeing not to have any tax giveaways they have done so often in the past, but send an important message to Amer- for individuals, families with incomes only if the sacrifices they are asked to ica’s veterans that we will not forget under $100,000 a year, we will make make are: First, equitable; second, rea- our obligations to them. sure that we do not put into effect an sonable; and third, essential. Clearly, Veteran’s medical care accounts for egregious practice of mean testing these sacrifices that service-con- nearly half of the budget of the Depart- compensation for veterans that are nected—particularly mentally incom- ment of Veterans Affairs. It provides struggling with mental illness, service- petent veterans—and indigent veterans for the care and treatment of eligible connected. are being asked to make meet none of beneficiaries in VA hospitals, nursing As the Secretary has said, Jesse these essential criteria. homes, and outpatient facilities. When Brown, I think one of the best Secre- Madam President, before I conclude I you walk down the halls VA hospitals taries we have, the only difference be- would like to discuss each of the like the one in White River Junction, tween veterans that are mentally inca- amendments. One of the amendments VT, you see the proud faces and shat- pacitated and physically is those that would restore to the medical care ac- tered bodies of men who have given are mentally quite often cannot speak count $511 million cut from the Presi- more to their country than just lip- for themselves. This would be a terrible dent’s budget for fiscal year 1996. While service and taxes. I say men because and cruel thing if we now have this un- there may be some doubt as to the va- the overwhelming majority of these equal treatment. lidity of VA projections of the precise veterans are men, although the number Finally, Madam President, to be able impact of such a cut on veterans health of women veterans is rising. to restore $511 million so we keep a care, there is little doubt that it would Mr. President, if there is one area quality of inpatient and outpatient result in some combination of substan- where everyone can agree that the Fed- care, that is what this is about; not the tial reductions in the number of vet- eral Government has a compelling role, tax giveaways for those with high in- erans treated both as outpatients and it is in the care of our Nation’s service comes and a commitment to veterans. inpatients as the number of VA health disabled and indigent veterans. It is These are two extremely important care personnel shrink. According to the the Federal Government which raises amendments that represent a litmus VA, this cut could have an impact that armies and the Federal Government test for all of us. is equivalent to closing some sizable which sends our young people off to Madam President, I am pleased and VA medical facilities. war. It is the Federal Government proud to be an original cosponsor of While not directly related to this which is obligated to take care of vet- the two amendments to H.R. 2099, the amendment but related to the quality erans after the shooting stops. VA-HUD appropriations bill for fiscal of VA health care generally, this bill The appropriations bill before us cuts year 1996 that specifically concern our also would eliminate all major medical the VA medical care account $511 mil- Nation’s veterans. My distinguished construction projects requested by the lion below the President’s request. No colleagues who are cosponsoring this President. In the process, some one can stand in front of this body and amendment are to be congratulated for projects involving VA hospitals that do say that these cuts are not going to af- their efforts to ensure veterans’ access not meet community standards and are fect veterans, because the fact is that to quality VA health care is not seri- deteriorating would not be funded. How they will. They will make a difference ously compromised and to protect can we treat veterans in facilites that in the services provided at White River some mentally incompetent veterans do not meet fire and other safety Junction and at VA hospitals across who are being targeted for discrimina- standards? In obsolete facilities that the country. This amendment restores tory, arbitrary, and shameful cuts in lack separate rest rooms and dressing the medical care fund back to the VA compensation. room areas for men and women vet- President’s request, and uses the funds Madam President, while these erans? This is a travesty and no way to from Republican tax cuts to pay for it. amendments address two different treat those who have defended our Everyone in this body is familiar issues—veterans health care and com- country. Our veterans do not deserve with the $245 billion in tax cuts that pensation for the most vulnerable such shabby and undignified treatment have been proposed by the Republican group of American veterans—they are and I will do all in my power to see leadership. I have been against these prompted by one basic concern. Our that this shameful situation ends. I cuts from the start, because more than pressing need to balance the budget. hope that all of my colleagues will join half of the benefits go toward those Unfortunately this pressing need is me in this long overdue effort. who make more than $100,000 a year. being used to justify unequal sacrifice. Madam President, as I pointed out at Let me tell you, I do not hear from too Veterans with service-connected dis- a Veterans’ Affairs Committee hearing many Vermonters making that much abilities and indigent veterans, many a few months ago these cuts could not money that say they need a tax cut. I of whom earned their VA benefits at come at a worse time. We are now talk- would consider supporting tax cuts great cost on bloody battlefields are ing about cutting $270 billion over the that target the lower and middle class, seeing those benefits whittled away, next 7 years from Medicare and making but not this one. By voting for this while the most affluent of our citizens deep cuts in Medicaid. This could lead amendment, we are putting our spend- are exempted from sacrifice. Instead of to a much greater demand for VA serv- ing priorities back where they belong, being asked to share the pain, the ices precisely at a time when VA and that is on providing services for wealthy seemingly are supposed to con- health care capabilities are eroding. the veterans who have earned them. tribute to balancing the budget by ac- Would the VA be able to cope with an

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14340 CONGRESSIONAL RECORD — SENATE September 27, 1995 influx of elderly and indigent veterans Finally, Madam President, I am very typical liberal solution—we will not eligible for health care, but currently proud to be a Member of the Senate, make choices. If they were serious covered by Medicare or Medicaid? the oldest democratically elected delib- about getting this money back for There sometimes is much talk about a erative body in the world. But I am these veterans, they would have offered declining veterans population, but sure the last thing any of you would a real offset and made choices as we much less about an aging veterans pop- want is for this great deliberative body have to do in the appropriations proc- ulation—one that disproportionately to merely rubber stamp ill-advised ac- ess. requires expensive and intensive care. tions by the House and in the case of They did not. They said, ‘‘Let’s bust What happens if this population grows the VA medical account to make mat- the budget. Let’s have the ultimate es- even more as a result of Medicare and ters even worse by appropriating $327 tate builder plan, putting money into Medicaid cuts? Before veterans fall vic- million less than was appropriated by the veterans’ estates,’’ not to go to tim to the law of unintended con- the House. their heirs, but putting it on the credit sequences, I strongly urge my col- The veterans health care and com- cards of our children and grand- leagues to give careful consideration to pensation protected by these two children. the cumulative impact on veterans amendments are by no means hand- I urge my colleagues not to waive the health care of such concurrent cuts in outs, but entitlements earned by men Budget Act on this matter. Federal health care funding. and women who put their lives on the Mr. WELLSTONE. Madam President, Regarding the other Rockefeller line to defend this great country. They I ask unanimous consent I be included amendment, I was frankly appalled are part and parcel of America’s irrev- as an original cosponsor. when I learned that both the House and ocable contract with its veterans, a The PRESIDING OFFICER. Without Senate versions of H.R. 2099 include a contract that long predates the Con- objection, it is so ordered. provision that limits compensation tract With America we have heard so Mr. WELLSTONE. I thank the Chair. benefits for mentally incompetent vet- much about recently. The PRESIDING OFFICER. All time erans without dependents but does not I have a deep commitment to Min- has expired. The pending question is on limit benefits for physically incapaci- nesota veterans to protect the veterans agreeing to the motion to waive the tated veterans without dependents—or benefits they have earned and are enti- Budget Act for the consideration of any other class of veterans for that tled to and in cosponsoring these amendment No. 2784, offered by the matter. As I understand it, compensa- amendments I am keeping my faith Senator from West Virginia [Mr. tion for service-connected disabilities with them. I urge my colleagues to join ROCKEFELLER]. paid to mentally incompetent veterans me in supporting both amendments. The yeas and nays have been ordered. without dependents would be termi- Mr. ROCKEFELLER. I ask for the The clerk will call the roll. nated when the veteran’s estate yeas and nays. The assistant legislative clerk called reached $25,000 and not reinstated until The PRESIDING OFFICER. Is there a the roll. the veteran’s estate fell to $10,000. sufficient second? The PRESIDING OFFICER. Are there Such unequal treatment is out- There is a sufficient second. any other Senators in the Chamber rageous and indefensible. How can we The yeas and nays were ordered. who desire to vote? discriminate against veterans who be- The PRESIDING OFFICER. The Sen- The yeas and nays resulted, yeas 47, came disabled while serving their coun- ator from Missouri. nays 53 , as follows: try only because they are mentally ill. Mr. BOND. Madam President, thank [Rollcall Vote No. 465 Leg.] In eloquent and informative testimony you very much. YEAS—47 before the Senate Veterans’ Affairs We should be clear about a couple of Akaka Feingold Lieberman Committee, Secretary of Veterans Af- things. The money is not necessary to Baucus Feinstein Mikulski fairs Jessie Brown, who I regard as an take care of incompetent veterans. Biden Ford Moseley-Braun outstanding Cabinet officer and a sin- Bingaman Glenn Moynihan These veterans are being taken care of Boxer Graham gularly tenacious and effective advo- through the Veterans Administration Murray Bradley Harkin Nunn cate for veterans, pointed out that the system. Breaux Heflin Pell only difference between veterans who They can keep up to $25,000 of their Bryan Hollings Pryor Bumpers Inouye Reid have lost both arms and legs and those estate, but beyond that we are saying, Byrd Johnston Robb who have a mental condition as a re- as the House did, that we should not Cohen Kennedy Rockefeller Conrad Kerry sult of combat fatigue, is that the lat- continue to build up their estate. These Sarbanes ter group cannot defend themselves. are people that do not have a spouse. Daschle Kohl Dodd Lautenberg Simon Moreover, the Secretary stressed, we They do not have a dependent child or Dorgan Leahy Snowe are not only talking about veterans dependent parent. This money simply Exon Levin Wellstone who seem to have no organic basis for goes to nondependent heirs when these NAYS—53 their mental illness, but also veterans incompetent veterans die. Abraham Gorton McCain who were shot in the head on the bat- We had to make tough choices in put- Ashcroft Gramm McConnell tlefield and as a result of brain damage ting this bill together because of the Bennett Grams Murkowski cannot attend to their own affairs. limits of funds. Madam President, $170 Bond Grassley Nickles And, I might add that to make matters million that would have gone into the Brown Gregg Packwood Burns Hatch Pressler worse, this provision amounts to estates of these veterans goes to vet- Campbell Hatfield Roth means-tested compensation that ap- erans’ medical care. Chafee Helms Santorum Coats Hutchison plies to only one class of veterans—the Now, the solution offered by my Shelby Cochran Inhofe Simpson mentally ill. I am aware that such a friend and colleague from West Vir- Coverdell Jeffords Smith provision was enacted in OBRA 1990 ginia is to rely on a phony offset. Ev- Craig Kassebaum Specter and withstood court challenge, but the erybody in this Senate knows that D’Amato Kempthorne DeWine Kerrey Stevens fact that it was held to be constitu- there is no tax cut in this budget. He Dole Kyl Thomas tional makes it no less abhorrent. For- proposes to offset it against a tax cut. Domenici Lott Thompson tunately Congress had the good sense It is not there. Faircloth Lugar Thurmond to let this onerous provision expire in What this budget waiver does is ask Frist Mack Warner 1992. our colleagues to waive the Budget The PRESIDING OFFICER. On this Victimizing the most vulnerable of Act, to give up on balancing the budg- vote, the yeas are 47, the nays are 53. our veterans while providing tax cuts et, to forget about our promise to the Three-fifths of the Senators duly cho- to our wealthiest citizens smacks of af- American people to end the deficit in sen and sworn not having voted in the flicting the afflicted while comforting the year 2002. affirmative, the motion to waive the the comfortable. I urge my colleagues This is the ultimate budget buster. Budget Act is not agreed to. The point from both sides of the aisle to support This is where the opponents of bal- of order is sustained. the Rockefeller amendment on this ancing the budget start the effort to Mr. BOND. Madam President, I move subject. unravel the budget agreement. It is a to reconsider the vote.

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14341 Mr. THURMOND. I move to lay that Mr. SIMPSON. Madam President, I Reid Sarbanes Specter Robb Simon Warner motion on the table. chair the Veterans’ Affairs Committee. Rockefeller Snowe Wellstone The motion to lay on the table was It is always remarkable to have to agreed to. come here to the floor and get into a NAYS—49 Mr. BOND. I ask unanimous consent debate that somehow reflects that we Abraham Gorton McCain that the remaining stacked votes be re- do not take care of our veterans in Ashcroft Gramm McConnell duced to 10 minutes in length. America. Bennett Grams Murkowski Bond Grassley Nickles The PRESIDING OFFICER. Without When I came to this committee, we objection, it is so ordered. Brown Gregg Packwood were giving veterans $20 billion. In this Burns Hatch Pressler AMENDMENT NO. 2785 proposal, it is now close to $40 billion. Chafee Hatfield Roth The PRESIDING OFFICER. Under Coats Helms Santorum Everything we have done with veterans Cochran Hutchison the previous order, there will be 4 min- Shelby health care has gone up. We have more Coverdell Inhofe Simpson utes equally divided on the pending Craig Kassebaum nurses; we have more doctors. Remem- Smith question. ber this figure if you will, please. D’Amato Kempthorne The pending question is another mo- DeWine Kerrey Stevens Madam President, 90 percent of the Thomas tion to waive the Budget Act, amend- Dole Kyl health care goes to non-service-con- Domenici Lott Thompson ment No. 2785, offered by the Senator nected disability—90 percent non-serv- Faircloth Lugar Thurmond from West Virginia. The Senator will Frist Mack have 2 minutes and the Senator from ice-connected disability—not service- Missouri will have 2 minutes. The Sen- connected disability. This is a serious The PRESIDING OFFICER. On this ator from West Virginia is recognized issue. If anyone can believe we do not the vote, the ayes are 51, the nays are as soon as the Senate comes to order. take care of the veterans of the United 49. Three-fifths of the Senators duly Mr. ROCKEFELLER addressed the States, please drop by my office. The chosen and sworn not having voted in Chair. occupancy rates at the hospitals are the affirmative, the motion to waive The PRESIDING OFFICER. The Sen- going down. The population is going the Budget Act is rejected. The point of ator from West Virginia is recognized. down and the budget is going up, just order is sustained. Mr. ROCKEFELLER. I thank the as it should be. Mr. BOND. Mr. President, I move to Presiding Officer. The PRESIDING OFFICER. The Sen- reconsider the vote by which the mo- This amendment would provide fund- ator’s time has expired. tion was rejected. ing for veterans’ health care at the Mr. SIMPSON. So veterans are well Mr. COCHRAN. I move to lay that level requested by the President, which taken care of. This is an assault on the motion on the table. is $16.96 billion, and would offset the budget process. $511 million increase that that rep- Mr. BOND. Madam President, only The motion to lay on the table was resents by limiting any tax cut under inside the Beltway would a $285 million agreed to. the budget resolution to families that increase in veterans medical care be AMENDMENT NO. 2786 earn less than $100,000. attacked as a cut. In a very difficult Again, I think this choice is a simple The PRESIDING OFFICER. The time we allocated $285 million more for question now occurs on amendment No. one. The President simply wanted to veterans medical care to assure that keep the funding for veterans’ health 2786, offered by the Senator from Mon- they can provide the care that is need- tana [Mr. BAUCUS]. There are 4 minutes care services—the people whom we ed for veterans. have said have a special entitlement to for debate to be equally divided. To say that this is being offset by a health care services—consistent with tax cut is more phony baloney. It is an The Senator from Montana is recog- inflation. And it is not even health effort to break the budget agreement. nized. care inflation. It is regular inflation, We had to make choices. If the pro- Mr. BAUCUS. Mr. President, this which is 3.4 percent. Health care infla- ponents were serious about increasing amendment is very simple. It provides tion is almost double that. that no rider to this appropriations bill And so the President’s request is money even more than we have for vet- would take effect if it would weaken below what is truly needed. We are al- erans medical care, they would have protection of human health and the en- ready reducing veterans’ health care, come up with a real offset. vironment. It is designed to send a but the Senate has reduced it way, way Be clear about it: A vote to waive the strong message, particularly to the below, and the result will be that we Budget Act does not improve veterans House, that we should not use appro- will close some veterans hospitals, that health care; it merely busts the budget priations bills for a back-door attack we will deny eligible veterans both in- agreement and puts a greater deficit on patient and outpatient care, well over the American economy and a greater on environmental protection. 100,000 of them; and interestingly and burden on our children and our grand- Last night, Senator BOND argued importantly, in an organization, that children who will have to bear the ex- that the bill gives unfettered discretion is fighting to hold on to its best health pense. to EPA and might even be unconstitu- care people, we will lose 6,500 Veterans I urge my colleagues to vote no. tional. I might say to my colleagues, I Affairs’ health care professionals. I The PRESIDING OFFICER. The checked with the Justice Department. think this is an unsustainable propo- clerk will call the roll. The Justice Department has reviewed sition, and I think the President The legislative clerk called the roll. the amendment and concluded that the sought only a modest increase. It was The PRESIDING OFFICER (Mr. amendment is constitutional. So that not even an inflationary increase in KYL). Are there any other Senators in is not a problem. the real terms of health care. the Chamber desiring to vote? It is also aimed only at a set of spe- I hope that the motion to waive the The yeas and nays resulted—yeas 51, cific rifle-shot riders, and if the admin- Budget Act will be sustained, and I re- nays 49. istrator, under the amendment, invali- quest the yeas and the nays. [Rollcall Vote No. 466 Leg.] dates a particular rider, the adminis- The PRESIDING OFFICER. The yeas YEAS—51 trator would be fully bound by all of and nays have been requested. Is there Akaka Dodd Kennedy the terms and conditions of the under- a sufficient second? Baucus Dorgan Kerry lying law. There appears to be a sufficient sec- Biden Exon Kohl ond. Bingaman Feingold Lautenberg Let me remind everyone why this The yeas and nays are ordered. Boxer Feinstein Leahy amendment is necessary. We need to Mr. BOND. Madam President, I yield Bradley Ford Levin reform our environmental laws, to Breaux Glenn Lieberman 1 minute to the chairman of the Vet- Bryan Graham Mikulski make them not only strong but smart. erans’ Committee, the Senator from Bumpers Harkin Moseley-Braun But the appropriations bill, and par- Wyoming. Byrd Heflin Moynihan ticularly the House, is not environ- The PRESIDING OFFICER. The Sen- Campbell Hollings Murray mental reform. It contains riders that Cohen Inouye Nunn ator from Wyoming is recognized for 1 Conrad Jeffords Pell roll back, eliminate environmental minute. Daschle Johnston Pryor laws. For example, it eliminates the

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14342 CONGRESSIONAL RECORD — SENATE September 27, 1995 Great Lakes initiative; it eliminates people. A groundwater disinfection rule taminated food—in other words, pro- rules for toxic air emissions from haz- would likely have prevented this out- tecting people from harms from which ardous waste incinerators and refin- break. But this bill would prohibit EPA they cannot protect themselves. eries; it eliminates enforcement of the from requiring any groundwater to be We often fail to think of these prob- wetlands program. In the Environment treated to kill parasites. lems in terms of being a threat to our & Public Works Committee, we are We also need clean air to breathe. safety and well-being, primarily be- dealing with the wetlands program, But this bill requires EPA to reevalu- cause the Federal Government has working to reform it. This rider elimi- ate the standards it has imposed on the done such a good job in guaranteeing nates it. It eliminates rules that con- oil refinery industry to utilize the that we have clean air and clean water trol discharge of raw sewage into pub- Most Available Control Technology and edible food. One of the great iro- lic waters. The list of riders goes on. [MACT] to control emissions from nies here is that some of the riders in The Senate bill takes a much more valves and pumps. These leaks account the appropriations bills this Congress moderate approach, and I compliment for as much as one-half of total refin- may succeed in attempts to eviscerate the Senator from Missouri for doing so. ery emissions. Industry requested this our key environmental laws precisely But we have to send a strong message rider because they believe that emis- because we have succeeded in dimin- to the conferees: We should not load up sions have been overestimated. How- ishing environmental dangers from this bill with riders that would threat- ever, the estimated emissions of toxic every day life. en the health and quality of American pollutants from a medium-sized refin- Make no mistake, however, the riders families. ery are 240 tons per year, almost 10 particularly in the House bill will, if I urge my colleagues to support the times greater than the minimum statu- they find their way into law, quickly amendment, and I oppose the motion tory definition of a ‘‘major source’’ of remind people of the very real dangers to table. toxic air pollution subject to the same we have been fighting against for the Mr. President, I ask unanimous con- control measures. It seems unlikely last generation. The riders would se- sent that Senators MURRAY and that EPA has made such a tremendous verely limit the agency’s ability to en- WELLSTONE be added as cosponsors of overestimation of emissions. sure that our water is safe, our food is the amendment. Finally, Mr. President, the report ac- safe, and our air is clean. The PRESIDING OFFICER. Without companying this bill contains a provi- What makes these riders particularly objection, it is so ordered. sion that will certainly delay cleanup outrageous is that they are being done Mrs. MURRAY. Mr. President, the of a Superfund landfill in my State of without any opportunity for the public level of funding for EPA and the legis- Washington. This landfill is located on to comment on what would be a revolu- lative riders contained in this bill the Tulalip Indian Reservation in an tionary shift in our national policies. mean one thing for the citizens of our estuary of Puget Sound and is dis- This is essentially the equivalent of Nation: a lower quality of life. To a gorging contaminants directly into the tacking on a provision legalizing nar- large degree, the quality of our lives sound. The language in this report di- cotics in America to the FBI’s appro- depends on the integrity of our envi- rects EPA to do more studies and en- priation. ronment; the quality of the air we gage in more discussion in the hopes breathe, the water we drink, and the the agency will not implement its pre- The riders relating to the Clean soil we farm and live on. For the last 25 sumptive remedy of capping the site. Water Act would quite simply end en- years EPA has set out to improve and While I agree that the cost to these forcement and implementation of the guarantee the quality of life for all powerful PRP’s might be high, the cost Clean Water Act. The riders would Americans by cleaning up our air, to the people who live around the mean widespread degradation of the water, and soil and keeping them sound, or eat fish from the sound, or water quality in Long Island Sound. It clean. But with inadequate funding and recreate in the Sound is much higher. I would threaten the sound’s beaches and congressionally mandated caveats and have tried to get the committee or the its enormous commercial shellfish in- barriers, our people and our environ- provision’s sponsor to insert language dustry, which has the top oyster har- ment will no longer be adequately pro- that forced the PRP’s and EPA to act vest in the Nation. In fact, Long Island tected. quickly to stop this seeping mess, but Sound supports $5 billion a year in We all need water to live. We are, in I was not entirely successful. The spon- water-quality dependent uses. These fact, 60 percent water ourselves. Clean sor promises this will not delay clean- economic benefits are due in large part water is essential to our survival. But up and that these studies and discus- to the improvement in water quality riders in this bill would prevent EPA sions will be completed within fiscal brought about by the Clean Water Act. from protecting Americans from drink- year 1996. I, and the people who want a The Clean Water Act riders would ing water contaminants that are clean Puget Sound, can only hope that prevent enforcement of controls for known to be harmful. Because of this is the case. combined sewer overflows and prac- bill, the public will continue to be ex- Mr. President, we must remain com- tices to reduce stormwater pollution. posed to contaminants like arsenic, mitted to improving and protecting the These programs were designed to keep radon, and the microbe quality of life for the citizens of our raw sewage off beaches and out of wa- cryptosporidium. Nation. This means protecting the en- terways and reduce dirty runoff from Arsenic is a known carcinogen. The vironment. I urge my colleagues to streets and farms. They are critical to current arsenic rule, implemented in support efforts to increase funding for the cleanup and long-term health of 1942, poses a 1 in 50 cancer risk—10,000 EPA and to strip the legislative riders Long Island Sound. Last year alone times worse than is generally consid- from this bill. Connecticut had 162 beach closings ered acceptable. By preventing EPA Mr. LIEBERMAN. Mr. President, I from too high a count of disease-caus- from issuing a final arsenic rule, this rise in strong support of Senator BAU- ing bacteria. These bacteria come from bill will allow over 30 million Ameri- CUS’ amendment because it assures raw untreated sewage that still flows cans to continue to drink arsenic-laced that no provision in the House or the from sewerage treatment systems in drinking water every day. Senate appropriations bills governing Connecticut and New York that are old The same is true of radon. Drinking EPA’s budget will harm public health and being stressed from a growing pop- water containing radioactive radon is or the environment. ulation in coastal areas. Under the known to cause cancer. Controlling The No. 1 responsibility we have, and House bill, raw sewage would continue radon in drinking water will prevent what people demand from us, is to pro- to spill into waters from outdated or hundreds of cancers. Over 40 million tect the public we serve from harm. inadequate sewage treatment and col- people will continue to drink radon- This means guarding our national secu- lection systems. Stormwater controls contaminated water unless EPA is al- rity with a strong defense, and keeping would be eliminated from many urban lowed to act. our streets safe from crime. But that areas. The result would be widespread In 1994, a cryptosporidium outbreak also means protecting people from degradation of water quality, which in a contaminated well in Walla Walla, breathing polluted air, from drinking would threaten the State’s commercial WA, sickened or hospitalized dozens of poisonous water, and from eating con- fishing and shellfishing industry. As

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14343 the Connecticut Commissioner of Envi- For these reasons, I urge my col- [Rollcall Vote No. 467 Leg.] ronmental Protection, Sidney Hol- leagues to support this amendment. YEAS—39 brook, has written about the House Mr. BOND. Mr. President, last night I Akaka Feinstein Mikulski bill: ‘‘If enacted in its current form, Baucus Glenn Moseley-Braun said that this amendment was breath- Biden Graham Murray the bill would adversely impact impor- taking. First, I extend my sincere Bingaman Harkin Pell tant water quality and public health thanks to the kind words that the Sen- Boxer Inouye Pryor initiatives.’’ ator from Montana has made about the Bradley Jeffords Reid EPA does much more than enforce Bryan Kennedy Robb measures we put in our bill. He ad- Bumpers Kerry Rockefeller the law. EPA provides guidance and dressed his arguments against the so- Chafee Kohl Roth funding so that States and localities called legislative riders in the House Cohen Lautenberg Sarbanes can upgrade and repair their aging sew- bill. Regardless of how good or bad Daschle Leahy Simon erage systems. Language in the House Dodd Levin Snowe they are, how good or bad ours are, his Feingold Lieberman Wellstone bill would completely stop EPA from solution is to give the EPA adminis- NAYS—61 issuing stormwater permits, providing trator unfettered authority to dis- Abraham Ford Mack technical assistance and outreach, and regard a law passed by the Congress enforcing against the most serious Ashcroft Frist McCain and signed by the President. Bennett Gorton McConnell overflow problems. He claims that the Justice Depart- Bond Gramm Moynihan Let me briefly discuss my concerns Breaux Grams ment advised him it is not unconstitu- Murkowski with some of the other riders. Brown Grassley Nickles tional. I say look at the Chadha deci- One rider would prevent the EPA Burns Gregg Nunn sion, and it is clearly unconstitutional. Byrd Hatch Packwood from enforcing its rule limiting emis- Campbell Hatfield That is not the question here. The Pressler sions of hazardous air pollutants from Coats Heflin courts would have to decide it. But I do Santorum refineries. This rule, which has just Cochran Helms not want to see this body going on Conrad Hollings Shelby gone final, would reduce toxic emis- Simpson record as giving an unelected bureau- Coverdell Hutchison sions from refinery facilities by almost Craig Inhofe Smith crat the authority to disregard a law 60 percent—approximately 53,400 tons D’Amato Johnston Specter passed by Congress and signed by the Stevens per year of toxic emissions and 277,000 DeWine Kassebaum President. This is truly outstanding. Dole Kempthorne Thomas tons per year of emissions of volatile So many people in Washington talk Domenici Kerrey Thompson organic compounds, the major contrib- Dorgan Kyl Thurmond about Congress’ solutions being ‘‘neat, utor to smog. The health impacts of Exon Lott Warner simple and wrong.’’ Well, this goes one Faircloth Lugar hazardous air pollutants include poten- step further; it is neat, simple, and un- tial respiratory, reproductive, and neu- So the amendment (No. 2786) was re- constitutional. rotoxic effects. jected. The rule simply requires that petro- Let me, for the benefit of my col- Mr. BOND. Mr. President, I move to leum refineries seal their storage leagues, read this to you: reconsider the vote. tanks, control process vents, and de- Any prohibition or limitation in this Act Mr. BYRD. Mr. President, I move to tect and seal equipment leaks. About on the implementation or enforcement of lay that motion on the table. The motion to lay on the table was 50 percent of the 165 refining facilities any law administered by the Administrator of the Environmental Protection Agency agreed to. in this country are already meeting or shall not apply if the Administrator deter- AMENDMENT NO. 2782 almost meeting the rule’s require- mines that application of the prohibition or The PRESIDING OFFICER. The ments. This rule levels the playing limitation would diminish the protection of question is on the amendment num- field and provides minimum protec- human health or the environment otherwise bered 2782 of the Senator from Mary- tions to all communities living in prox- provided by law. land; 10 minutes will be equally di- imity to a petroleum refinery. EPA has That, to me, gives the EPA Adminis- vided, and the Senator from Maryland made substantial changes from its pro- trator the power to veto, ignore, or to- will be recognized. posed rule based on the comments of tally disregard a law. I am not going to Mr. SARBANES. Mr. President, could industry, resulting in much greater move to table this. I want my col- I inquire of the parliamentary situa- flexibility. Even the American Petro- leagues to have the pleasure of voting tion, the time situation? leum Industry by a vote of l7 to 3 sup- up or down on the simple proposition. The PRESIDING OFFICER. There is ports the rule. That this rule cannot be The PRESIDING OFFICER. A motion 10 minutes for debate before the vote, enforced by EPA is simply a delay tac- to table has already been made. 10 minutes equally divided. tic by a small group of refineries that Mr. BOND. Mr. President, I ask unan- Mr. SARBANES. Mr. President, 5 on do not want to comply with standard imous consent to withdraw the motion each side? industry practices. to table. The PRESIDING OFFICER. Right. Another rider on the House side The PRESIDING OFFICER. Is there The Senator from Maryland. would limit EPA’s ability to gather objection? Mr. SARBANES. Mr. President, I data under the toxic release inventory Without objection, it is so ordered. yield myself 2 minutes. that would give the public a better un- Mr. President, I implore my col- Mr. BOND. I want my colleagues to derstanding of toxic chemicals released leagues to support this amendment on have the pleasure of voting yes or no into their environment and where they the homeless. The committee has cut on this simple proposition: Do you work. the money for homeless assistance by The Toxic Release Program is a non- want the unelected Administrator of 32 percent from last year’s level. In regulatory, noncommand, and control the EPA to be able to change laws fact, the committee level is below the program. It is essentially a market- passed by Congress and signed by the level of the year before last. The House based program—providing information President? has cut homeless assistance by 40 per- to the public so that it can make in- I certainly do not. I urge my col- cent. If we fail to adopt this amend- formed choices and enter constructive leagues to vote ‘‘no.’’ ment, our conferees will be working dialog with facilities in their commu- The PRESIDING OFFICER. The with a figure of 32 percent below last nities. question is on agreeing to the amend- year—a cut of $360 million. The House I have just mentioned a few riders in ment. has a cut of $444 million below last my comments—there are more than 25 The yeas and nays have been ordered. year. If we pass this amendment, we others that I didn’t mention but all af- The clerk will call the roll. will give our conferees an opportunity fect EPA’s duties. The Baucus amend- The legislative clerk called the roll. in conference to do something about ment will assure that none of the ap- The PRESIDING OFFICER. Are there the homeless. propriations riders will endanger cur- any other Senators in the Chamber de- We are making progress in our fight rent health and environmental protec- siring to vote? against homelessness and this amend- tions that we rely upon and expect and The result was announced—yeas 39, ment will advance that cause. This pro- which improve our quality of life. nays 61, as follows: posal would bring homeless funding

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14344 CONGRESSIONAL RECORD — SENATE September 27, 1995 back to last year’s level—$1.1 billion. The committee looked everywhere it have church groups, you have civic or- The Appropriations Committee said in could to find this money, to balance ganizations, you have community its report that ‘‘The committee is wor- the needs of the homeless with those groups who are marshaling their re- ried that the block grant approach who are now getting existing low-in- sources to try to deal with the needs of with funds less than $1 billion may dis- come housing assistance. Despite se- the homeless. They need this Federal advantage some areas with significant vere budgetary constraints, the com- support. homeless populations and some home- mittee increased House-passed home- The Appropriations Committee has less providers.’’ This amendment will less funding by $84 million. When com- written that the homeless assistance bring homeless funding back above the bined with amounts released by HUD, programs would have to get back above $1 billion level so we can move to a for- homeless activities in fiscal year 1996 $1 billion in order to justify a formula mula grant. A formula grant will make should be maintained at current rates. approach. In the Banking Committee it possible for the States, the local- We provided in the report, because of last year, we included a formula ap- ities, the churches, the social service the tightness of funds, HUD is ‘‘ex- proach to homeless assistance that was agencies, the civic organizations, and pected to work through negotiated supported unanimously in the com- the nonprofit groups to work collec- rulemaking and include recommenda- mittee. That is where we want to get. tively in a more constructive and posi- tions made by States and localities as The funding in this amendment gives tive fashion to resolve the problem of well as homeless assistance providers.’’ us a chance to get there. the homeless. I find it startling that the Secretary The funding in this amendment also The offset for this amendment comes of HUD is now saying he can do with- gives the chairman of the committee out of the funds for the renewal of ex- out this $360 million. They originally something to work with in the con- piring section 8 contracts. The reduc- requested $5.8 billion for section 8 re- ference. The House is 40 percent below tion in renewal resources is made pos- newals. At my request, they reviewed last year’s figure. The current Senate sible by a provision in this amendment it and came down to $4.8 billion for figure represents a 32-percent cut. If that allows the Secretary to require their request. We were only able to pro- the Senate goes to conference on that housing agencies to use section 8 re- vide them $4.3 billion. And the very basis, you know the final outcome is serves to renew their expiring con- persuasive Senator from Maryland is going to be somewhere in between. If tracts. The HUD Secretary has written able to convince the Secretary he can the Senate bill is allowed to stand, you to us that this offset would not create take less than $4 billion? are going to have a cut of 35 to 40 per- a problem in renewing expiring con- Make no mistake, these section 8 re- cent in the funding for the homeless tracts. He writes, ‘‘Funding for renewal newals are renewals that can be used when this bill comes back from con- of expiring contracts can be reduced for the elderly, the disabled, people ference. The amendment before you without any impact on existing recipi- with AIDS and others needing home- today will enable the chairman to work ents.’’ less assistance. Unfortunately, this is a in conference in order to provide ade- The act that encompasses our home- shell game. It may make ‘‘letters to less assistance programs is named after quate resources to deal with this press- the editor’’ writers feel better, but it is ing national issue. Stewart McKinney—the distinguished a phony effort to get money where we former Republican Congressman from I am simply saying to my colleagues, cannot take it—from those who are support this amendment: Vote to shift Connecticut. Ever since Congressman without funds for their housing. McKinney’s efforts to develop the some of this money from section 8 re- I reserve the remainder of my time. serves to the homeless programs. I am homeless assistance programs, Federal Mr. SARBANES. I yield 1 minute to not happy with doing it, but we think policies for homeless assistance have the Senator from Illinois. we can handle the section 8 renewal enjoyed bipartisan support. I urge my The PRESIDING OFFICER. The Sen- needs out of existing resources and the colleagues to continue this bipartisan ator from Illinois is recognized. Secretary has indicated as much in his approach here today. Mr. SIMON. Mr. President, as I men- letter to us. The additional resources How much time is remaining? tioned yesterday, I took a little time for the homeless in this amendment The PRESIDING OFFICER. The Sen- on Sunday to reread Will Durant’s 1 will give us a chance to put a new ap- ator has 2 ⁄2 remaining of the 5 min- book, ‘‘The Lessons of History.’’ He proach into effect. utes. said, through the centuries nations Mr. SARBANES. I yield myself 30 have this struggle between those who The PRESIDING OFFICER. The Sen- seconds, if the Chair will remind me. are more fortunate and those who are ator from Missouri. Mrs. Lucie McKinney—the widow of less fortunate. That is what this is all Mr. BOND. Mr. President, unfortu- the very distinguished former Repub- about. nately, this does not solve the problem. lican Congressman—wrote an article a The less fortunate, those who are It takes money from those who depend couple of weeks ago about the pro- homeless, we have them on the streets upon section 8 vouchers or certificates. grams that help the homeless. Let me like we did not have when I was a It is saying to all those on section 8— just quote the end of that article. She young man and when the Presiding Of- elderly, disabled, people with AIDS— wrote: ficer was young. It is going to get that we are taking $360 million away We do know how to end homelessness. worse if we do not deal with it. This is from the pool for renewing these con- While the cure is not cost-free, it costs a a cutback of 32 percent and is impru- tracts, and there will be people who are whole lot less than not facing and solving now dependent upon section 8 housing the problem. Saving lives and saving dent and unwise. money—how can that be bad? I support the Sarbanes amendment. who could be thrown out when their contracts expire. I urge my colleagues to support this The PRESIDING OFFICER. The Sen- amendment. ator from Maryland. The Secretary, Secretary Cisneros, The PRESIDING OFFICER. The Sen- Mr. SARBANES. Mr. President, in said after he revised it, we need $4.8 bil- ator has 2 minutes remaining. The Sen- closing, let me just underscore that I lion. We were only able in this tight ator from Missouri. would prefer that we not take the budget time to give him $4.3 billion. I Mr. BOND. Mr. President, I yield my- money out of the section 8 reserves. do not believe him when he says that self 2 minutes and ask to be advised But we are forced by the budget rules he can make this work with less than when that 2 minutes runs. to find an offset. The question before $4 billion. I think that is an accommo- Mr. President, this amendment pro- us here is, amongst the priorities, dation. poses to increase funding for homeless which activities ought to come first? We all would like to accommodate activities by $360 million, certainly a The homeless are at the very bottom of everything. There is no money there. noble objective. But the budgetary off- the scale. They are out on the street. Unfortunately, this is a smoke and set comes from the appropriations for We have been trying to put together an mirrors game. The amendment specifi- renewal of section 8 rental subsidy con- infrastructure to try to deal with their cally says that notwithstanding cer- tracts. needs and we are having some success tain provisions of this act, the $360 mil- There is no dispute that more home- across the country. Each of you know lion ‘‘ * * * shall not become available less assistance funding could be used. that in your local communities you for obligation until September 30, 1996,

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14345 and shall remain available until ex- Pell Robb Simon Mr. DOLE. We have one other amend- Pryor Rockefeller Specter pended.’’ Reid Sarbanes Wellstone ment, the Simon–Moseley-Braun What they are saying is, we are tak- amendment. Is that being worked out? So the motion to lay on the table the ing money away from reserves in 1996 Mr. BOND. Mr. President, I think we amendment (No. 2782) was agreed to. to throw it into spending in 1997, in are working out an agreement that Mr. BOND. Mr. President, I move to hopes that it will look better in 1996. that one can be accepted. That is on reconsider the vote. the transfer of fair housing. I think so We are in danger of taking away the Ms. MIKULSKI. I move to lay that long as we can guarantee that the section 8 assistance for people who motion on the table. need it, to make them homeless, to in- The motion to lay on the table was transfer will occur—we do not want to crease the need for the homeless assist- agreed to. disrupt operations. Our staff is working ance. The PRESIDING OFFICER. The ma- on it, and I hope we are close to agree- I share the concern of the Senator jority leader. ment on it. I think we share the same from Maryland and the others for the Mr. DOLE. Mr. President, I wonder if goals. I just want to make sure that homeless. I might inquire of the managers when the language in the amendment gets us We have worked what I believe is a they believe we may be able to com- there. reasonable compromise. We need to plete action on this bill? Mr. DOLE. So just let us see—11, 12, stay with this plan to provide section 8 It is my understanding it is going to 1. Maybe we can complete action on assistance for those who are now de- be vetoed, but there are still a lot of this bill by 2 p.m.? pending upon the Federal Government amendments on the other side. I am Ms. MIKULSKI. I think the prickly for their housing. not certain how many require rollcalls. point here is what Senator BUMPERS This is a smoke and mirrors effort If we are going to complete action on chooses to do on the NASA-Russian re- that unfortunately does not improve two additional bills, Labor-HHS and actor sale. I think that is a prickly and might endanger the people that we State-Justice-Commerce, and this is pear. are trying to help. our third day on this bill, I do not Mr. DOLE. That could take some I move to table the amendment, and know how we can do two others in 2 time, then. I ask for the yeas and nays. days. So if anybody knows, when might Ms. MIKULSKI. I think we need to The PRESIDING OFFICER. Is there a we complete action on this bill? Plus confer with Senator BUMPERS as to sufficient second? we will recess the Senate so we will be what his disposition is. We will do this There is a sufficient second. able to have meetings of the Finance during the debate, Mr. Leader. The yeas and nays were ordered. Committee, so we probably will not do Mr. DOLE. I am still trying to work Mr. SARBANES. Mr. President, will anything after this bill the rest of the it out; it may not be able to happen. the Senator withhold the tabling mo- day. But if we could do all these appropria- tion as he did on the Baucus amend- Mr. BOND addressed the Chair. tions bills and the CR, then we would ment, and allow an up-or-down vote? The PRESIDING OFFICER. The Sen- not be in session next week. But we Mr. BOND. I believe we need to table ator from Missouri. also have to complete action in the dif- this one. Mr. BOND. If I might respond, we ferent committees on reconciliation this week. And I understand there has The PRESIDING OFFICER. The have been working out a number of been an objection to the Finance Com- question is on agreeing to the motion these amendments. I think we are very mittee meeting. The Democratic leader of the Senator from Missouri to lay on close to agreement on a number of has already indicated this to me. I will the table the amendment of the Sen- them. Some of them clearly are going make the request, so whoever wishes to ator from Maryland. On this question, to require votes. We are ready to line object can object at this time, because the yeas and nays have been ordered, up two, one with an hour time agree- it is very important that that com- and the clerk will call the roll. ment, one with a 45-minute time agree- mittee meet. And if we have an objec- The legislative clerk called the roll. ment. Then I cannot say on this side tion, then when we finish this bill, the The PRESIDING OFFICER (Mr. that there are any more of our amend- Senate will be in recess. Then we will THOMAS). Are there any other Senators ments that should require a vote. I meet until we complete action on that, in the Chamber who desire to vote? think they can be accepted or would be and then come back to the additional The result was announced—yeas 52, included in a—excuse me, there is one appropriations bills. If we do not finish nays 48, as follows: Senator CHAFEE is going to offer, pro- poses to offer about the brown fields. them this week, we will finish them [Rollcall Vote No. 468 Leg.] I hope that will be agreed upon. That next week. YEAS—52 might require a vote. It should be a OBJECTION TO PERMISSION FOR FINANCE Abraham Frist McConnell short time limit. I would be interested COMMITTEE TO MEET Ashcroft Gorton Murkowski on the minority side in what my col- Mr. DOLE. Mr. President, I under- Bennett Gramm Nickles Bond Grams Packwood league sees as the opportunities there. stand the objector is on the floor. I ask Brown Grassley Pressler Ms. MIKULSKI. Mr. President, re- consent that the Committee on Fi- Burns Gregg Roth sponding to the Republican leader’s de- nance be permitted to meet Wednes- Campbell Hatch Santorum sire to move this bill, we have our next day, September 27, 1995, to conduct the Chafee Hatfield Shelby Coats Helms two amendments lined up, the Lauten- markup of spending recommendations Simpson Cochran Hutchison Smith berg amendment and the Feingold for the budget reconciliation legisla- Cohen Inhofe Snowe amendment. When we asked for the tion. Coverdell Kassebaum Craig Kempthorne Stevens time agreement, that is maximum. The PRESIDING OFFICER. Is there D’Amato Kyl Thomas Both men are here to offer their objection? DeWine Lott Thompson amendments. Mr. DASCHLE. Mr. President, I ob- Dole Lugar Thurmond Domenici Mack Warner We intend to move very expedi- ject. Faircloth McCain tiously. I recommend that after those The PRESIDING OFFICER. Objec- two amendments, those votes be tion is heard. NAYS—48 stacked. I truly believe we can do a lot Mr. DASCHLE. I have consulted with Akaka Dorgan Kennedy of clear out and clean up. I am antici- a number of my colleagues, some of Baucus Exon Kerrey Biden Feingold Kerry pating that either amendments will be whom are on the floor, and there is a Bingaman Feinstein Kohl worked out or that they will be with- concern on this side that we have not Boxer Ford Lautenberg drawn so they could be offered on other had an opportunity to have some hear- Bradley Glenn Leahy Breaux Graham Levin bills. I cannot guarantee that. We are ings and discuss this matter in greater Bryan Harkin Lieberman working down our list, as well. detail. The hope was that over the Bumpers Heflin Mikulski So my recommendation is Lauten- course of whatever period of time we Byrd Hollings Moseley-Braun berg, Feingold, stacked votes; see kind will have more of an opportunity to Conrad Inouye Moynihan Daschle Jeffords Murray of where we are, and then we will move look at it. As a result of that concern, Dodd Johnston Nunn right along. then we will object at this time.

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14346 CONGRESSIONAL RECORD — SENATE September 27, 1995 Mr. DOLE. Mr. President, I do under- posals without any public hearing, EPA funding, that there be 1 hour di- stand that the Democratic leader has without having experts come in. We vided in the usual manner and in the consented to six other committees to have not done that at all. We should usual form, that at the conclusion of meet during today’s session of the Sen- not be doing that. Mr. President, this that 1 hour the amendment be set ate. is supposed to be a deliberative body aside, and that the Senator from Wis- I have six unanimous-consent re- and it is supposed to be a representa- consin, Senator FEINGOLD, be recog- quests for committees to meet during tive democracy. We are supposed to be nized to introduce an amendment on today’s session of the Senate. They all careful about the impact of what we do insurance redlining, that there be 45 have the approval of the Democratic on the lives of people we represent. I minutes divided in the usual form and leader. would just say that I am very proud to under the usual procedures, and at the I ask unanimous consent that these be a part of this objection because end of that debate that a vote occur on requests be agreed to en bloc, and that somebody, somewhere, sometime has or in relation to the Lautenberg each request be printed in the RECORD. to say to people in the country that amendment and that no second-degree The PRESIDING OFFICER. Is there these changes are getting ramrodded amendments be permitted, and that objection to that request? through the Senate. That is what is the following amendment, the vote on Mr. DOLE. That does not include Fi- going on here. The proposal came out the Feingold amendment, be 10 min- nance. yesterday, I say to my colleague from utes in length and no second-degree The PRESIDING OFFICER. Without Maryland. amendments be permitted, but that the objection, it is so ordered. I will tell you, as you look at these vote occur on or in relation to the (The text of the requests is printed in specific proposals, I can tell you as a Feingold amendment. today’s RECORD under ‘‘Authority for Senator from Minnesota that I know The PRESIDING OFFICER. Is there Committees to Meet.’’) there is going to be a lot of pain in my objection? Mr. DOLE. I thank my colleagues Mr. FEINGOLD. Reserving the right and the managers. State. I believe, Mr. President, that the Finance Committee needs to have the to object. Mr. LAUTENBERG addressed the The PRESIDING OFFICER. There is public hearing and I believe that Sen- Chair. no reserving the right to object. The PRESIDING OFFICER. The Sen- ators need to be back in their States Mr. FEINGOLD. Mr. President, I ob- ator from New Jersey [Mr. LAUTEN- now that we have specific proposals, ject. BERG]. and we need to be talking to the people I simply want to clarify a point with Mr. WELLSTONE. I wonder if my who are affected by this. the manager. colleague will yield for a moment? Let us not be afraid of the people we Ms. MIKULSKI addressed the Chair. Since I was a part of this objection represent. Let us let the people in the The PRESIDING OFFICER. There with the minority leader, I wanted to country take a look at what we are was objection. Has the Senator ob- take 2 minutes, if that would be all doing. What this effort is, is an effort jected? right. to say ‘‘no’’ to this rush to reckless- Mr. FEINGOLD. I simply wanted to Mr. LAUTENBERG. Yes. ness, ‘‘no’’ to this fast track to foolish- ask clarification with regard to the Mr. WELLSTONE. Mr. President, the ness. The committee ought to have a unanimous-consent request. I was only minority leader and I have issued an public hearing. I think it is unaccept- attempting to make sure that I can objection to the Finance Committee able. make that clarification before the meeting. The reason for that, Mr. Mr. BOND. Mr. President, I object. unanimous-consent agreement is en- President, is that I just think that Mr. WELLSTONE. Do I have the tered into. what is going on right now here is a floor? I ask unanimous consent to ask a rush to foolishness. Mr. BOND. The Senator from New question of the manager with regard to Mr. President, in my State of Min- Jersey—— this request. nesota, we just found out a few days The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without ago that as opposed to $2.5 billion in ator from New Jersey has the floor. objection, it is so ordered. Medicaid cuts, we were going to be see- Mr. WELLSTONE. I will say to my Mr. FEINGOLD. I thank the Chair. ing $3.5 billion in Medicaid cuts. It was colleague from New Jersey, may I have Under our time agreement, our time is just yesterday that we finally got the 1 more minute? 45 minutes. My understanding is we specifics of what is going to happen in The PRESIDING OFFICER. The Sen- would have 30 minutes on our side. Is Medicare. And I just will tell you, Mr. ator from Minnesota no longer has the that inconsistent with the Senator’s President, that I am pleased to be a floor. The Senator only yielded for a understanding? part of this with the minority leader question. Mr. BOND. I ask there be an hour because when I was home in Minnesota, The Senator from New Jersey. equally divided. I found that it is not that people are Mr. LAUTENBERG. I thought the Mr. FEINGOLD. That will be fine. I opposed to change, but people have this time the Senator asked for would be thank the manager. The PRESIDING OFFICER. Is there sense that there is this fast track to considerably shorter, and I ask that we objection to the request as so modified? recklessness here, that we are not care- have a chance to move. Without objection, it is so ordered. fully evaluating what the impact is Mr. WELLSTONE. May I have 30 sec- Mr. LAUTENBERG addressed the going to be on people. onds? Chair. What people in Minnesota are saying Mr. BOND. Mr. President, I object. The PRESIDING OFFICER. The Sen- is, what is the rush? You all do the Mr. WELLSTONE. Enough has been ator from New Jersey. work you are supposed to do. How can said. People have heard it. PRIVILEGE OF THE FLOOR a Finance Committee today go ahead f Mr. LAUTENBERG. Mr. President, without any public hearings on these DEPARTMENT OF VETERANS AF- first, I ask unanimous consent that a filed proposals, pass it out of the Fi- FAIRS AND HOUSING AND URBAN detailee in my office, Lisa Haage, be nance Committee, and then put it into DEVELOPMENT, AND INDE- granted the privilege of the floor. a reconciliation process where we have PENDENT AGENCIES APPROPRIA- The PRESIDING OFFICER. Without limited debate? objection, it is so ordered. Mr. President, it seems to me that TIONS ACT, 1996 AMENDMENT NO. 2788 there is no more precious commodity The Senate continued with the con- (Purpose: To increase funding for Superfund, than health care and the health care of sideration of the bill. the Office of Environmental Quality, and the people we represent. This objec- Mr. BOND. Mr. President, it is impor- State revolving funds and offset the in- tion, with the minority leader, is an tant that we move forward on this bill. crease in funds by ensuring that any tax objection to a process. And this process We have reached an agreement I be- cut benefits only those families with in- right now I think is really way off lieve on both sides. comes less than $100,000) course. I ask unanimous consent that the Mr. LAUTENBERG. Mr. President, We have no business—the Finance Senator from New Jersey be recognized on behalf of myself, Senators MIKUL- Committee should not pass out pro- to introduce an amendment on the SKI, DASCHLE, BAUCUS, KERRY, BIDEN,

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14347 MURRAY, SARBANES, PELL, and KEN- OIL SPILL RESPONSE (2) REPEAL.—Paragraph (1) is repealed ef- NEDY, I send an amendment to the (INCLUDING TRANSFER OF FUNDS) fective as of the date that is 1 year after the desk. For expenses necessary to carry out the date of enactment of this Act. The PRESIDING OFFICER. The Environmental Protection Agency’s respon- (b) PLAN APPROVAL.— clerk will report. sibilities under the Oil Pollution Act of 1990, (1) IN GENERAL.—The Administrator of the The bill clerk read as follows: $15,000,000, to be derived from the Oil Spill Environmental Protection Agency (referred Liability trust fund, and to remain available to in this subsection as the ‘‘Adminis- The Senator from New Jersey [Mr. LAU- until expended: Provided, That not more than trator’’) shall not disapprove a State imple- TENBERG], for himself, Ms. MIKULSKI, Mr. $8,000,000 of these funds shall be available for mentation plan revision under section 182 of DASCHLE, Mr. BAUCUS, Mr. KERRY, Mr. BIDEN, administrative expenses. the Clean Air Act (42 U.S.C. 7511a) on the Mrs. MURRAY, Mr. SARBANES, Mr. PELL, and PROGRAM AND INFRASTRUCTURE ASSISTANCE basis of a regulation providing for a 50-per- Mr. KENNEDY, proposes an amendment num- cent discount for alternative test-and-repair bered 2788. For environmental programs and infra- inspection and maintenance programs. Mr. LAUTENBERG. Mr. President, I structure assistance, including capitaliza- tion grants for state revolving funds and per- (2) CREDIT.—If a State provides data for a ask unanimous consent that the read- formance partnership grants, $2,668,000,000, proposed inspection and maintenance system ing of the amendment be dispensed to remain available until expended, of which for which credits are appropriate under sec- with. $1,828,000,000 shall be for making capitaliza- tion 182 of the Clean Air Act (42 U.S.C. 7511a), The PRESIDING OFFICER. Without tion grants for State revolving funds to sup- the Administrator shall allow the full objection, it is so ordered. port water infrastructure financing; amount of credit for the system that is ap- The amendment is as follows: $100,000,000 for architectural, engineering, de- propriate without regard to any regulation that implements that section by requiring On page 141, line 4, strike beginning with sign, construction and related activities in centralized emissions testing. ‘‘$1,003,400,000’’ through page 152, line 9, and connection with the construction of high pri- (3) DEADLINE.—The Administrator shall insert the following: ‘‘$1,435,000,000 to remain ority water and wastewater facilities in the complete and present a technical assessment available until expended, consisting of area of the United States-Mexico Border, of data for a proposed inspection and mainte- $1,185,000,000 as authorized by section 517(a) after consultation with the appropriate bor- nance system submitted by a State not later of the Superfund Amendments and Reauthor- der commission; $50,000,000 for grants to the than 45 days after the date of submission. ization Act of 1986 (SARA), as amended by State of Texas, which shall be matched by an equal amount of State funds from State re- Public Law 101–508, and $250,000,000 as a pay- SEC. 302. None of the funds made available sources, for the purpose of improving waste- ment from general revenues to the Haz- in this Act may be used by the Environ- water treatment for colonias; and $15,000,000 ardous Substance Superfund as authorized mental Protection Agency to impose or en- for grants to the State of Alaska, subject to by section 517(b) of SARA, as amended by force any requirement that a State imple- an appropriate cost share as determined by Public Law 101–508: Provided, That funds ap- ment trip reduction measures to reduce ve- the Administrator, to address wastewater in- propriated under this heading may be allo- hicular emissions. Section 304 of the Clean frastructure needs of Alaska Native villages: cated to other Federal agencies in accord- Air Act (42 U.S.C. 7604) shall not apply with Provided, That beginning in fiscal year 1996 ance with section 111(a) of CERCLA: Provided respect to any such requirement during the and each fiscal year thereafter, and notwith- That $11,700,000 of the funds appro- period beginning on the date of the enact- further, standing any other provision of law, the Ad- priated under this heading shall be trans- ment of this Act and ending September 30, ministrator is authorized to make grants an- 1996. ferred to the Office of Inspector General ap- nually from funds appropriated under this SEC. 303. None of the funds provided in this propriation to remain available until Sep- heading, subject to such terms and condi- Act may be used within the Environmental tember 30, 1996: Provided further, That not- tions as the Administrator shall establish, to Protection Agency for any final action by withstanding section 111(m) of CERCLA or any State or federally recognized Indian the Administrator or her delegate for signing any other provision of law, not to exceed tribe for multimedia or single media pollu- and publishing for promulgation a rule con- $64,000,000 of the funds appropriated under tion prevention, control and abatement and cerning any new standard for arsenic, sul- this heading shall be available to the Agency related environmental activities at the re- fates, radon, ground water disinfection, or for Toxic Substances and Disease Registry to quest of the Governor or other appropriate the contaminants in phase IV B in drinking carry out activities described in sections State official or the tribe: Provided further, 104(i), 111(c)(4), and 111(c)(14) of CERCLA and That from funds appropriated under this water, unless the Safe Drinking Water Act of section 118(f) of the Superfund Amendments heading, the Administrator may make 1986 has been reauthorized. and Reauthorization Act of 1986: Provided grants to federally recognized Indian govern- SEC. 304. None of the funds provided in this further, That none of the funds appropriated ments for the development of multimedia en- Act may be used during fiscal year 1996 to under this heading shall be available for the vironmental programs: Provided further, That sign, promulgate, implement or enforce the Agency for Toxic Substances and Disease of the $1,828,000,000 for capitalization grants requirement proposed as ‘‘Regulation of Registry to issue in excess of 40 toxicological for State revolving funds to support water Fuels and Fuel Additives: Individual Foreign profiles pursuant to section 104(i) of CERCLA infrastructure financing, $500,000,000 shall be Refinery Baseline Requirements for Refor- during fiscal year 1996: Provided further, That for drinking water State revolving funds, but mulated Gasoline’’ at volume 59 of the Fed- none of the funds made available under this if no drinking water State revolving fund eral Register at pages 22800 through 22814. heading may be used by the Environmental legislation is enacted by December 31, 1995, SEC. 305. None of the funds appropriated to Protection Agency to propose for listing or these funds shall immediately be available the Environmental Protection Agency for to list any additional facilities on the Na- for making capitalization grants under title fiscal year 1996 may be used to implement tional Priorities List established by section VI of the Federal Water Pollution Control section 404(c) of the Federal Water Pollution 105 of the Comprehensive Environmental Re- Act, as amended: Provided further, That of Control Act, as amended. No pending action sponse, Compensation and Liability Act the funds made available under this heading by the Environmental Protection Agency to (CERCLA), as amended (42 U.S.C. 9605), un- in Public Law 103–327 and in Public Law 103– implement section 404(c) with respect to an less the Administrator receives a written re- 124 for capitalization grants for State revolv- individual permit shall remain in effect after quest to propose for listing or to list a facil- ing funds to support water infrastructure fi- the date of enactment of this Act. ity from the Governor of the State in which nancing, $225,000,000 shall be made available SEC. 306. Notwithstanding any other provi- the facility is located, or appropriate tribal for capitalization grants for State revolving sion of law, for this fiscal year and hereafter, leader, or unless legislation to reauthorize funds under title VI of the Federal Water an industrial discharger to the Kalamazoo CERCLA is enacted. Pollution Control Act, as amended, if no Water Reclamation Plant, an advanced LEAKING UNDERGROUND STORAGE TANK TRUST drinking water State revolving fund legisla- wastewater treatment plant with activated FUND tion is enacted by December 31, 1995. carbon, may be exempted from categorical (INCLUDING TRANSFER OF FUNDS) ADMINISTRATIVE PROVISIONS pretreatment standards under section 307(b) For necessary expenses to carry out leak- SEC. 301. MORATORIUM ON CERTAIN EMISSIONS of the Federal Water Pollution Control Act, ing underground storage tank cleanup activi- TESTING REQUIREMENTS. as amended, if the following conditions are ties authorized by section 205 of the Super- (a) MORATORIUM.— met: (1) the Kalamazoo Water Reclamation fund Amendments and Reauthorization Act (1) IN GENERAL.—The Administrator of the Plant applies to the State of Michigan for an of 1986, and for construction, alteration, re- Environmental Protection Agency (referred exemption for such industrial discharger and pair, rehabilitation, and renovation of facili- to in this subsection as the ‘‘Adminis- (2) the State or the Administrator, as appli- ties, not to exceed $75,000 per project, trator’’) shall not require adoption or imple- cable, approves such exemption request $45,827,000, to remain available until ex- mentation by a State of a test-only or I/M240 based upon a determination that the Kala- pended: Provided, That no more than enhanced vehicle inspection and mainte- mazoo Water Reclamation Plant will provide $8,000,000 shall be available for administra- nance program as a means of compliance treatment consistent with or better than tive expenses: Provided further, That $600,000 with section 182 of the Clean Air Act (42 treatment requirements set forth by the shall be transferred to the Office of Inspector U.S.C. 7511a), but the Administrator may ap- EPA, and there exists an operative financial General appropriation to remain available prove such a program if a State chooses to contract between the City of Kalamazoo and until September 30, 1996. adopt the program as a means of compliance. the industrial user and an approved local

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14348 CONGRESSIONAL RECORD — SENATE September 27, 1995 pretreatment program, including a joint ficult circumstances. He deserves cred- In addition, while everyone agrees monitoring program and local controls to it for that. In no way should my re- that responsible parties should lead prevent against interference and pass quest here be viewed as being critical cleanup efforts where possible, Govern- through. of the effort. But nevertheless, Mr. ment oversight is necessary to assure SEC. 307. No funds appropriated by this Act may be used during fiscal year 1996 to en- President, I believe that we are going that agreements are met and the public force the requirements of section 211(m)(2) of to have to do better and hope that we health is protected. the Clean Air Act that require fuel refiners, can find a way to do it. About 260 sites in 44 States will not marketers, or persons who sell or dispense I also want to thank my friend and be cleaned up because of the funding fuel to ultimate consumers in any carbon colleague from Maryland for her hard cuts in this bill. Just look at the map, monoxide nonattainment area in Alaska to work on the subcommittee bill and and we see that cleanups will stop, the use methyl tertiary butyl ether (MTBE) to hope also she will be with me as we red indicating that 1 to 5 cleanups will meet the oxygen requirements of that sec- work our way through this to try and tion. be delayed; in the blue area, 6 to 10 adopt this amendment. cleanups will be delayed; and in the EXECUTIVE OFFICE OF THE PRESIDENT Mr. President, even with the addi- area where we see green, including New OFFICE OF SCIENCE AND TECHNOLOGY POLICY tions that were made by the sub- Jersey, California, Florida, more than For necessary expenses of the Office of committee, the bill still would cut Science and Technology Policy, in carrying 10 cleanup attempts will be delayed. EPA by more than 22 percent from the We cover almost the whole map. The out the purposes of the National Science and President’s request. That is far more Technology Policy, Organization, and Prior- only places where there is no delay is than many other agencies. where we see the States outlined in ities Act of 1976 (42 U.S.C. 6601 and 6671), hire Unfortunately, these deep cuts in of passenger motor vehicles, services as au- white. It is a pretty ominous review EPA’s budget are indicative of a much thorized by 5 U.S.C. 3109, not to exceed $2,500 that we are looking at. for official reception and representation ex- broader attack on the environment in this Congress. This year, we have seen Beyond the severe environmental and penses, and rental of conference rooms in the health consequences that are apparent District of Columbia, $4,981,000: Provided, efforts to undercut the Clean Water That the Office of Science and Technology Act, dismantle the community right- by delays, this will mean also 3,500 jobs Policy shall reimburse other agencies for not to-know law, weaken the laws pro- will be lost in the private sector, and less than one-half of the personnel com- tecting endangered species and making that would cause enormous loss of time pensation costs of individuals detailed to it. environmental regulations that are al- getting rid of the hazardous waste COUNCIL ON ENVIRONMENTAL QUALITY AND most impossible to promulgate. It blight that exists across our country. OFFICE OF ENVIRONMENTAL QUALITY seems that there is no end to the new Also, sites that communities plan to For necessary expenses to continue func- majority’s assault on the environment. use for economic redevelopment will tions assigned to the Council on Environ- That is not what the American peo- not be available for use in the commu- mental Quality and Office of Environmental ple voted for last November. They do nities. As land lays contaminated and Quality pursuant to the National Environ- unusable, local communities will suffer mental Policy Act of 1969, the Environ- not want environmental laws curtailed. mental Improvement Act of 1970 and Reorga- They do not want to see the gutting of economic losses that cannot be re- nization Plan No. 1 of 1977, $2,188,000. our attempt to improve the environ- couped. ADMINISTRATIVE PROVISIONS ment. In my own State of New Jersey, 16 A recent Harris poll showed that over SEC. 401. Section 105(b) of House Concur- sites will see their cleanup delayed or rent Resolution 67 (104th Congress, 1st Ses- 70 percent of the American public, of terminated. For example, efforts will sion) is amended to read as follows: both parties, believe that EPA regula- be halted at the Roebling Steel site, a ‘‘(b) RECONCILIATION OF REVENUE REDUC- tions are just right or, in fact, not former steel manufacturer next to the TIONS IN THE SENATE.— tough enough. Clearly, most Americans Delaware River, a company that had an ‘‘(1) CERTIFICATION.—(A) In the Senate, care about our environment, feeling, in illustrious history. Material manufac- upon the certification pursuant to section many cases, very strongly about it. tured there was sent all over the world, 205(a) of this resolution, the Senate Com- Mr. President, $432 million of this but they fell on hard times, and now we mittee on Finance shall submit its rec- amendment restores money for the ommendations pursuant to paragraph (2) to are dealing with a contamination that the Senate Committee on the Budget. After Hazardous Waste Cleanup Program. was left from their operation. Runoff receiving the recommendations, the Com- The bill reported by the Appropriations from the precipitation on the site may mittee on the Budget shall add such rec- Committee calls for a cut of roughly a have already contaminated the Dela- ommendations to the recommendations sub- third in hazardous site cleanup fund- ware River and surrounding wetlands. mitted pursuant to subsection (a) and report ing. That will mean many hazardous Approximately 12,000 people in this a reconciliation bill carrying out all such waste sites will not get cleaned up, and area depend on ground water for their recommendations without any substantive many people who live near these sites drinking water. An adjacent play- revision. will continue to be exposed to dan- ‘‘(B) The Chair of the Committee on the ground is contaminated with PCB’s and gerous and often lethal chemicals. heavy metals, including lead. Budget shall file with the Senate revised al- I recognize that some critics of the locations, aggregates, and discretionary Superfund say we should not provide Mr. President, hazardous waste sites spending limits under section 201(a)(1)(B) in- have significant negative consequences creasing budget authority by $760,788,000 and money to the program unless some of its problems are fixed, and I agree we for human health, and these can range outlays by $760,788,000. from cancer to respiratory problems to ‘‘(2) COMMITTEE ON FINANCE.—Funding for have to fix the problems. But while the this section shall be provided by limiting program has had its problems in the birth defects. The need to prevent any tax cut provided in the reconciliation past, which we are presently working these kinds of diseases more than any- bill to families with incomes less than to correct, people still want the clean- thing else is what makes funding $150,000.’’. ups to continue. While the controversy Superfund so important. Mr. LAUTENBERG. Mr. President, surrounding the program has focused The second part of my amendment, this amendment will do three things. It largely on the issue of liability, there Mr. President, will restore money to will restore funding for hazardous is no dispute about the need to clean the States’ revolving loan funds. The waste cleanup and for sewage treat- up these sites, nor about the need for Clean Water Act requires that cities ment plants at last year’s levels and Federal funds to help do so. and towns comply with minimum provide funds for the Council of Envi- Communities concerned about the waste treatment standards. States re- ronmental Quality to enable it to con- health of their citizens need this port that they will need $126 billion to tinue its work to meet its important money to move ahead with cleanups, comply with these requirements. responsibilities. while the responsible parties, those ac- This amendment keeps funding for First, Mr. President, I commend our cused of doing the pollution, who cre- the State revolving loan fund at last colleague, the chairman of the sub- ated the pollution, litigate amongst year’s level by restoring $328 million. committee, Senator BOND, for his work themselves trying to avoid paying for Finally, my amendment would add on this bill and for adding over $650 their obligation. Federal money also is just over $1 million to continue the million to the EPA budget. I know that needed if those responsible cannot be work for the Council on Environmental he has done his best under very dif- found or refuse payment. Quality. For a small amount, CEQ can

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14349 coordinate the administration’s envi- ported, and I will raise a budget act ronment and sites which are currently ronmental programs. This is impor- point of order to it. at some active stage in the Superfund tant, especially with respect to the co- Let me talk, though, about the sub- cleanup pipeline. ordination of environmental impact stance. First, Superfund. While there Our recommendations reflect the statements. may be disagreement on how we reform findings of a General Accounting Office To fund these increases, Mr. Presi- the program, there is virtually no dis- report, which I requested. This General dent, my amendment would reduce the agreement that I know of that the pro- Accounting Office report says that tax break that otherwise will be pro- gram must be reformed. We have stud- two-thirds of the Superfund sites GAO vided in the reconciliation bill this ies by the dozens outlining the prob- looked at do not pose human health year. From all indications, this tax lems with the Superfund Program. risks under current land uses. break will be targeted largely at the There have been 90-day reviews and 30- We are spending two-thirds of the wealthiest individuals in America and day reviews to improve the program. money in the current Superfund Pro- a variety of special interests. There have been Rand studies, CBO gram on sites that do not pose a sig- Mr. President, the rich or poor in studies, GAO reports, and the National nificant hazard to human health now this country do not want to leave a Commission on Superfund Reform. or in the future under current land We are all familiar with the morass contaminated environment for their uses. I am not suggesting that these of litigation, the excessive administra- children or their grandchildren, and I sites are not important and should not tive burdens, the length of time to am sure that if this proposition that be cleaned up. I am saying that for clean up the sites. Most of us have we have put forward is closely exam- these sites, we can delay cleanups until heard from our constituents, small ined and we say, all right, if tax breaks we reform the program so that we can businesses, mom and pop operations are going to be given, we have to make concentrate our efforts on those sites that were bankrupted because their sure that they are for the lower in- which will provide a benefit in less- trash was hauled legally to a dump come, not just the top people or wage ening dangers to human health and to which later became a Superfund site earners in our country. ensure that commonsense solutions are So, Mr. President, I am sure that if and they became liable. implemented. forced to choose between a tax break We have all heard the stories about for the rich and strengthening environ- EPA requiring cleanups so clean that The committee’s recommendation re- mental protections, I believe that kids can eat the dirt, even when there flected the fact that the reauthoriza- Americans would strongly support the were no kids near the site, where it is tion process is well underway. It will environment and thusly this amend- an industrial site, where nobody has be a transition year, as it should be, for ment. even proposed to bring in a day care the Superfund Program. Therefore, we I urge my colleagues to support this center or to make it a playground for a should only fund critical activities amendment for the well-being and school. pending implementation of a reform health of our citizens and our environ- When we devote our resources to program. ment. overutilization of cleanup techniques Now, the Senator’s amendment also Mr. President, I yield the floor. in an area where they are less nec- would double funding for the Council Mr. BOND. Mr. President, I yield my- essary, we take away from funds where on Environmental Quality. I point out self 10 minutes. they can be put to uses right away, that this committee has recommended Mr. President, I thank the distin- where they can have a positive impact continuing the Council on Environ- guished Senator from New Jersey for on human health and the environment mental Quality at last year’s funding. his kind words. I appreciate the com- and avoid dangers. We would save CEQ, where the House ments he made about our efforts here. But the list of grievances against the wants to terminate that body. But I wish we could have his support Superfund goes on and on and on. We The question will be whether we ter- for the measure as passed by the com- have poured billions of dollars into this minate it or not. The ultimate con- mittee and sent to the floor. program with little to show for it. We ference committee will not come out I must rise in strong opposition to have spent billions of dollars and we with more than $1 million because we the amendment on substantive grounds have only about 70 sites which have ac- have put that amount in and the House and also the fact that it busts the sub- tually been cleaned up and deleted has already passed. committee’s 602(b) allocation. from the national priorities list. We Despite some concerns that many I will address, as I have previously, have hundreds of studies going on at may have that the CEQ is duplicating the budgetary sleight of hand and the sites and even more being litigated. other agencies, this committee found, smoke and mirrors that have been sug- This is a wonderful opportunity for full and I believe that CEQ does perform a gested as an offset. But let me talk employment for lawyers, for adminis- valuable function; it performs a func- about some of the substantive provi- trative hassles, and that is not what we tion of coordinating the activities of sions, because I agree with the Senator ought to be about. We ought to be the administration and all the different that they are very important. about cleaning up Superfund sites. bodies which may act on environ- In his first speech to Congress, Presi- As he noted, we worked very hard to mental matters. increase funding for the environment dent Clinton declared, ‘‘I would like to because we have made great progress in use the Superfund to clean up pollution However, I think it should be limited the environment in this country. We for a change and not just pay lawyers.’’ to activities which are statutory in na- need to continue that progress. Every- I believe I was one of a large group of ture and which do not duplicate other thing that we are doing in this bill is Senators who stood and applauded that agencies’ activities. The funding pro- designed to ensure that the progress we statement. I believe there is very vided is about the same level as the have made continues. strong agreement on both sides of the current level funding for CEQ. We have urged the EPA to pay heed aisle that the President set the proper Now, the third point as to State re- to and adopt the recommendations of tone: clean up pollution, stop paying volving funds which the Senator’s the National Academy of Public Ad- lawyers. There is little disagreement amendment would add $328 million. I ministration, who have told EPA how on either side that the program is not fully support added funding for States they can do a better job of utilizing working, or not working as well as it to meet environmental mandates. That their funds, be more effective, and should. is why the bill before us carves out a make sure that we get the most for our The committee limited Superfund special appropriation just for State dollars in the environmental programs. funding to $1 billion, as in the House, funding. That study was requested when my because the committee recognized that We increased funding for the State colleague, the Senator from Maryland, it was time to stop throwing away activities that comprises more than 40 was chairman of the committee. It is money at a wasteful, broken program. percent of the EPA appropriations be- something I support because I believe The committee’s recommendations will cause that is money going to the places we can make progress. But I do not be- fund sites which pose an immediate where it can actually clean up the en- lieve that this amendment can be sup- threat to human health and the envi- vironment.

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14350 CONGRESSIONAL RECORD — SENATE September 27, 1995 We believe that with reforms that and environmental problems—haz- The bill also requires that the Safe can be implemented either by legisla- ardous waste. Drinking Water Act be reauthorized by tion or through the administrative pro- There are 1,300 sites that have been April 30, 1995. cedures, we can ensure that the States placed on the national priorities list, If the program is not reauthorized, will do a better job because they will which is the listing of the most serious all drinking water State revolving not be limited just to cleaning up one hazardous waste sites in the country. funds will be transferred to clean water particular kind of pollution but can di- The health risks posed to people who State revolving funds. rect their efforts to pollution which oc- live near these sites are significant. I This means that nearly 270 projects curs in the air, the water, and the land, think we owe it to our communities to to improve substandard drinking water and not be limited just to one medium. ensure that these toxic dumps are systems which serve nearly 29 million Included in this funding that we have cleaned up. Americans will not be funded if reau- recommended is an increase of $300 What happens if we do not restore thorization does not occur. million in funding for clean water funding to the Superfund Program? I hope the Senate does not forget the State revolving funds over the current There will be no funding for about 120 recent cryptosporidium outbreak in budget. Last year’s bill contained some new, long-term cleanup projects, clean- the Milwaukee, WI, water supply which $800 million in sewer treatment ear- up of about 160 immediate public caused about 400,000 people to get sick, marks. Those were nice for all of us to health threats could be significantly resulting in the deaths of 100 people. go home and take credit for, but they delayed, and we risk letting polluters Finally, I think it is important that did not maximize the available funds get off the hook because we will not be this amendment funds the Council on for cleaning up the environment. able to reach and enforce settlements Environmental Quality at the Presi- We eliminated those earmarks so we for cleanups. dent’s request. CEQ is the Federal office that is re- can provide adequate funding for State The Lautenberg amendment will re- sponsible for coordinating our national revolving funds. I think the bill ad- store funding to ensure that public environmental policy. If we did not dresses the concern about the need for health is protected, polluters continue have the CEQ, the job of coordinating State revolving funds. to clean up their messes, and new re- Federal environmental policy would be I think that the bill is sound on envi- search continues to develop cheaper, left to executive level staff inside the ronmental grounds, sound sub- cleaner, and faster ways to clean up Office of the President. This would stantively, and I say that all of the toxic wastes. mean that congressional oversight talk about tax cuts, eliminating tax I also have serious concerns about would be limited. cuts, is so much political rhetoric. the reduction of $586 million below the Make no mistake about it, the Amer- There are no tax cuts in this budget. President’s request that this bill con- ican people care about protecting pub- There is no offset. tains for water infrastructure State re- lic health and the environment. volving funds. We had to make tough choices in the There are many issues that have been This cut means that about 107 waste- subcommittee and the full committee. raised about the Superfund Program, water treatment projects will not pro- We chose to increase the allocation for many legitimate issues raised about ceed. EPA, but we are doing so within the the safe drinking water. I do not be- It also means that, because State re- constraints imposed upon us by Con- lieve we should cut the budget. I be- volving fund dollars are reinvested over gress in the budget resolution. lieve we should streamline the regula- time, a reduction in infrastructure in- This amendment would bust the tions. budget resolution. If the Senator was vestments will be felt in future years. Cutting the budget, in effect, concerned, really concerned about get- The immediate loss of $587 million deregulates or eliminates these regula- ting more money in the environment, will result in a cumulative loss of $2.3 tions. We have come so far on cleaning then he could have offered an amend- billion in funding over the next 20 up the environment. I am grateful in ment which would have proposed legiti- years. this bill that there is funding for the In my home State of Maryland this mate offsets. He did not do so. Chesapeake Bay Program, and we are funding is a big deal. I urge my colleagues to oppose the seeing the bay come back to life. waiver of the Budget Act. Mr. President, Maryland’s Eastern We have seen the work that we have I reserve the time. I yield the floor. Shore relies heavily on two things, done on air pollution and water pollu- Ms. MIKULSKI. Mr. President, I fishing and tourism. These represent a tion. In Maryland we see that good en- thank the Senator from New Jersey for huge chunk of the local economy. vironment is good business because it his advocacy in the issues of environ- EPA’s most recent water quality in- does affect our seafood industry. It mental protection, protecting public ventory reports that 37 percent of the does affect the ability of business. health, safety, and having the concern Nation’s shellfish beds are restricted, Good environment means that there is particularly for the environmental limited, or closed. a reward for businesses that do comply. problems in an urban area. Senator I’m afraid that this funding level There are many things I could say LAUTENBERG has been a longstanding could cause water quality to continue about this amendment but I think Sen- advocate and a longstanding expert in to decline, which is no small concern ator LAUTENBERG said it best as he al- this issue as a member of the author- for States like mine which depend ways does. He has my support for this izing committee. heavily on rivers and coastal waters. amendment. He has my support for res- I also want to acknowledge Senator In addition, last year 85 beaches in toration of these cuts in the environ- BOND’s efforts to really support a Maryland were closed to protect the mental programs in round two. I be- streamlining of a lot of the regulatory public from swimming in unsafe wa- lieve that President Clinton will veto process. ters. this bill in round two. I am pleased to be a cosponsor of I do not know about the rest of my I hope with the new allocation we Senator LAUTENBERG’s amendment to colleagues, but when I go to the beach could overcome where we are essen- partially restore funding to some of I want to take a swim or wade in the tially cutting America’s future by cut- EPA’s most important programs. surf. None of that can happen if we do ting the environmental programs. This amendment adds: $431.6 million not protect our waters. Mr. LAUTENBERG. Mr. President, I to the Superfund Program, $328 million I am very concerned that this de- ask the Chair how much time remains to the Water Infrastructure State re- crease in funding will have serious ad- for our side on debate? volving funds, and $1.188 million to the verse effects on the Chesapeake Bay. The PRESIDING OFFICER. The Sen- Council on Environmental Quality The funding that Maryland gets from ator has 14 minutes remaining. [CEQ]. the State revolving fund program is Mr. LAUTENBERG. I want to take a I am particularly concerned about critical to preventing the water pollu- few minutes to respond to the com- the $431.6 million cut below the current tion that runs off into the bay. All of ments of the distinguished chairman of funding for the Superfund Program. our efforts to clean the bay, at both the subcommittee. Superfund was designed to address the State and Federal level, will be I first will explain very briefly why it one of our Nation’s worst public health wasted if we cannot control this runoff. is that I complimented him even as I

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14351 voted against the subcommittee bill. It body who could not use more money, just simply a track for beginning the is fairly simple. I think yeoman work even the most profligate spender, but appropriate engineering studies. was done. I think that the distin- the fact of the matter is this is a coun- I was fortunate a few weeks ago. I guished Senator from Missouri gave it try in deep financial distress and the was able to go to a site in the southern a good effort but I still feel that we are last thing we ought to be doing is giv- part of my State, a site that was one of not adequately protecting our commu- ing a tax break for those who do not the worst industrial pollution sites in nities against environmental pollution. need it and who would be a lot better the country. There was a responsible To me it is fairly simple, because I off if we invest our money in our soci- party. They paid a significant share of think that the legacy that each of us in ety, presenting our kids with a cleaner it. America can best leave our children, environment, not having to worry By the way, I think it is very inter- the grandchildren, and those that fol- about the air that our parents breathe esting to note that, of the money spent low, rich or poor, is to leave them a or the ground our kids play on. I think on Superfund cleanup, 70 percent came cleaner environment; to continue the that is a much better investment than from responsible parties—not just from progress that has been made in some a tax cut for the rich—be they idle or the trust funds, the Superfund trust areas. earned. fund. In 1973, only 40 percent of our The fact of the matter is, Mr. Presi- I was able to go to this community. streams were fishable and swimmable, dent, the Superfund—and I discussed It is called the Lipari landfill site. It which is really the test for the quality this in my office with my very able was a site that was contaminated over of the water. Now it is 60 percent. staff yesterday—the title suggests a number of years. Now it is clean If we do not fund the revolving fund something that escapes understanding enough to introduce fish back in the and insist on cleaning up—treating that the American people have about site. I stood there with a bunch of wastewater before it gets to the what it all means. Superfund ought to schoolchildren, fourth and fifth grade, streams, I do not want to be crude, but have a different name. It ought to be and we put smallmouth bass in there it will go in some cases direct from the getting rid of threats to the health of and we put bigmouth bass in there. I toilet into the rivers, into the lakes. people in the community. Superfund think that was for Senators’ benefit. That is an outrageous condition for a has some connotation that it is a We put fish back in the pond. The country as well off, despite our prob- major spending program by Govern- kids were so excited. I was excited. I lems, as this country of ours is. ment and that we all enjoy throwing even got my feet wet in there. But the Superfund sites—there is always a money down the drainpipe. fact of the matter is, that was a turn- question raised by those that are skep- That is hardly the case. Superfund is ing point for the community. They tical about how dangerous these sites a program that works, and the money were celebrating revival. They were are. that we spend in litigation is not out of celebrating almost, if I may call it in Mr. President, I have to respond by the Superfund trust fund. Rather, it is religious terms, a redemption. The talking about a condition in, coinci- spent between companies trying to dis- community center point, a halcyon dentally, in Forest City and Glover, lodge themselves from their liability; lake, was now going to be able to be MO. A 1995 study among residents who between insurance companies and their used for recreational purposes by the lived near Superfund sites shows an in- insured, the insurance company deny- children of the community. So we saw crease in reports of respiratory prob- ing the claim, the insured saying, ‘‘You a Superfund success. lems and increased pulmonary function insured me for that and I want you to Once again, if I may ask, how much disorder. pay; that is why I paid those pre- time do I have? Investigators have reported elevated miums.’’ So that is where a lot of the The PRESIDING OFFICER. The Sen- rates of birth defects in children of money comes from for litigation. It is ator has 41⁄2 minutes. women living near 700 hazardous waste not out of the Superfund trust fund. Mr. LAUTENBERG. Mr. President, I sites in California; children of women Mr. President, I think we have to get yield the floor. I understand my col- living near sites with high-exposure the definitions very clear. Superfund league from Delaware is on his way and rates to solvents have greater than was and is a very complicated program. wants to speak. I hope I can reserve the twice the rates of neural birth defects It was begun in 1980, almost in inno- remainder of that time. such as spina bifida. The study goes on. cence, just responding to the threat of The PRESIDING OFFICER. Who There is a real hazard there. environmental pollution and the health yields time? I can tell you this, I do not want my hazards that it represented for chil- Mr. BOND. Mr. President, I yield my- kids drinking water from a water sup- dren. We have not discussed the envi- self such time as I may require. I be- ply, a groundwater supply that may ronment that is affected as well, the lieve the Senator from New Hampshire have been leached into by contami- pollution of lakes and ponds and is on his way to the floor. As chairman nants left by a polluter. streams, water supplies, all of those of the subcommittee with responsi- I have to ask this question as well. things. bility over Superfund, I think it is very Why is it that suddenly in the Amer- Mr. President, when we look at important he share with us his views. I ican diet or the American purchases in Superfund we say it is almost 15 years do hope we can yield back some of the the food market—water? People walk old now, what has happened? I will tell time so we can move on. This is a very around with bottles of water like they you what has happened. Mr. President, important amendment, but I believe we were a belt on their pants. It is quite 289 sites have been cleaned up. That is have outlined it rather clearly. remarkable that now, suddenly, that not bad. We have 1,300 sites to go, but I would like to begin by agreeing has become a major business. we are better at it. We move faster on with my colleague from New Jersey. He Why? I bet it is because people just it. And if we fail to fund it at the prop- said many things that I agree with, like spending money. I bet it is because er level and lose a lot of the skills and particularly about largemouth bass. I people love carrying these water bot- expertise that is now resident in EPA love to go bass fishing, too. I want to tles in their backpacks or back pock- and in the Superfund department, it see our waters cleaned up. We want to ets. It is plain they are afraid to drink will take a long time to rebuild those move together on that. He says we the water that comes out of the tap. skills and reorganize the structure. want to stop raw sewage going into Face up to it. That is not a way to do business, not lakes, rivers and streams. That is why, What we are saying is we do not want when you have long-term projects that in this committee bill, we increase by a tax cut for the rich in this country, are inevitably more complicated than $300 million the money going into the for the richest in this country—that is expected. State revolving fund. where the money comes from. It does But we are gaining knowledge all the The Senator from New Jersey made a not come from smoke and it does not time, and, again, every one of the sites very clear case for dealing with Super- come from mirrors; it comes from on the Superfund list has begun to fund sites where there is human health eliminating a tax break for the have some attention, whether it is in at risk. I could not agree with him wealthiest in our society. I think that the drawing of specifications that more. We need to be cleaning up these is a very good idea. I do not know any- would be applied to construction or Superfund sites where there are

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14352 CONGRESSIONAL RECORD — SENATE September 27, 1995 human health risks. Unfortunately, and we will not be on a path to balance have to fend for themselves. That site two-thirds of the money being spent the budget by the year 2002. is contaminating the area with 2,000 right now is going to sites which do not This is simply a budget busting people living within 1 mile of it. And involve immediate human health risks amendment, and I urge my colleagues what do we say with this one? We say, or risks under current land uses. So we not to support it. ‘‘We think they should still clean that put in $1 billion and said ‘‘prioritize Mr. President, I see the distinguished up, and we do not want to give you an those sites where human health risks Senator from New Hampshire has ar- unfunded mandate. But you find the rived. exist now or might exist in the future.’’ money, State. Clean it up.’’ And then let us reform the program. The Senator from Delaware came in The Senator from New Jersey talked earlier. I ask the Senator from New Look. This bill is an unfunded man- about the tremendous hassles, the liti- Jersey if he wishes to proceed. date, or a backdoor way of trying to gation, the administrative time and Mr. LAUTENBERG. I thank the Sen- lower the water quality and lower the hassle that is going into the Superfund ator from Missouri. air quality. It is one of the two. If it is Mr. President, how much time do we debates. We need to get out of debates done in the name of balancing the have? on who is responsible and move forward budget, I understand that mantra. I The PRESIDING OFFICER. Four voted for a constitutional amendment with cleaning up. I look forward to minutes and ten seconds. working with the Senator from New Mr. BOND. Mr. President, how much on balancing the budget. I am for bal- Jersey to do that. remains on our side? ancing the budget. Let us balance peo- He also talks about people who are The PRESIDING OFFICER. Fourteen ple’s checkbooks in terms of how much afraid to drink the water. We need to and one-half minutes. money they pay the Federal Govern- authorize the safe drinking water fund. Mr. LAUTENBERG. I yield to the ment in taxes. Do you want to balance Again, we are working on that together Senator from Delaware 31⁄2 minutes. something? Balance it that way. Bal- in the Environment and Public Works The PRESIDING OFFICER. The Sen- ance it that way. But do not say to the Committee. I think it is very impor- ator from Delaware. States, ‘‘We want you to keep the tant that we cut through the chaff and Mr. BIDEN. Mr. President, I thank water clean and the air clean. We are get down to the serious job of making my colleague. not changing the Federal standard on sure that our drinking water supply is Mr. President, I rise to join with my that. But, by the way, we are not going safe. I look forward to working with colleague, the distinguished ranking to send you the money. We are not him there. member of the subcommittee, Senator going to step in there.’’ Let me just put a couple of things MIKULSKI, in support of our environ- into perspective. The Senator from mental protection laws. What do you think you are all going New Jersey says that our budget for Mr. President, I think our Repub- to do to local taxes, folks? What do you EPA is 22 percent below the request. lican friends should be straight up. think is going to happen here? These Let me put that in perspective. It Why do they not just eliminate the folks are going to save you money. Oh, should come as no secret to this body Clean Air Act, eliminate the Clean they are going to save you money all that we are making cuts. The sub- Water Act, and drastically reduce the right. One of two things will happen. committee’s allocation was 12 percent requirements? Why do you not just do Your water is dirty, or your local taxes below last year’s. There have been vir- that? Otherwise, the local municipali- are going up—one of the two. But in tually no cuts in the Department of ties, the cities, and the States are not the meantime, people making over Veterans Affairs, the largest portion of going to be able to meet the require- $100,000 bucks will get a tax cut. That the budget of this subcommittee. ments of these acts. is not right. Second, most of the reductions in the I heard all of this talk last year Mr. President, though not as severe Environmental Protection Agency about unfunded mandates. My Lord, as the House version, the bill before us have come from earmarked sewage did my Republican colleagues bleed today does much to protect businesses grants and unauthorized State revolv- over what we were doing to the poor from liability but little to protect ing funds and Superfund, where we pro- States. They bled and they wept and American families from pollution. posed to target the resources in Super- they talked about the unholy Federal fund to those instances where human Government, and about what it was The addition of nearly one dozen leg- health is at risk or may be at risk hoisting upon States. Folks, you can- islative riders—or loopholes for pol- under current land uses. not have it both ways. luters—is, in my view, just plain We agree that protecting human I say to my friends from New Hamp- wrong. health from Superfund sites is vitally shire and Missouri: Either do it or do An appropriations bill is not the important. We have not cut money for not do it. Step up to the plate with a place to hastily form policies which standard setting, for technical assist- little truth in legislating. OK? This bill will affect the drinking water of every ance, for enforcement. Those are held is the ultimate unfunded mandate. American family, the air every Amer- close to the current levels despite the They know darned well the voters will ican child breathes. subcommittee’s constrained allocation. kill them if they denigrate the Clean And, as I stated before, the commit- Water Act; and they will kill them po- We hear so much about unfunded tee’s recommendation increases State litically if they denigrate the Clean Air mandates, in fact, one of the first grants. It recognizes the importance of Act. They know what will happen if pieces of legislation passed by this fully funding the States so they can they attempt to gut these environ- Congress was an unfunded mandates meet the environmental mandates. mental laws. I have not had a single bill which makes it harder for the Fed- But, frankly, where we come down to mother or father, or anyone, come up eral Government to impose costs upon disagreement is when the Senator con- to me and say, ‘‘You know, you folks in States. tends—I believe without any justifica- the Federal Government are spending As a former county councilman I sup- tion at all—that the money for busting too much time determining whether port this effort. Yet, the bill before us the budget in the environment is going my water is clean.’’ Not one has com- cuts the Environmental Protection to come from tax cuts from the plained about a Federal bureaucrat Agency’s budget by a whopping $1 bil- wealthy. trying to clean their water. lion. Unlike President Clinton’s budget, So what do you do here? You do what Who is going to pick up the cost for this budget does not include in its you are getting real good at. You say, budget tax cuts for anybody, even the ‘‘OK, we are not going to denigrate the these necessary protection efforts? tax credit for working families that we Clean Air Act nor the Clean Water Act. State and local governments—an un- would like to see involved. That is not We are just not going to give the EPA funded mandate. That is why this in this budget. There is no money to be the money, and we are not going to amendment is so necessary. used in this budget from these cuts for give the States money.’’ So all the lit- By cutting hazardous waste cleanup tax increases. If this Senator’s amend- tle communities now, like one in my efforts by 36 percent, this bill will pre- ment is agreed to, and the Budget Act State which has a toxic waste dump vent additional progress from being point of order is waived, we will break with 7,000 drums of toxic waste sitting made at our most dangerous toxic the budget. There will be no tax cuts, there contaminating the water supply, sites.

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14353 One such site in my home State of The middle class have earned a tax all of those hearings. The bottom line Delaware—an industrial waste landfill break, they deserve help sending their as we walked out of those hearings was in New Castle County—contains over children to college, or buying their that Superfund was a well-intentioned 7,000 drums of toxic liquids and chemi- first home. program but a deeply troubled pro- cals. Mr. President, this amendment puts gram. It makes no sense to simply out The soil is contaminated with heavy environmental protection for Amer- of the blue take $400 million from metals. The ground water is contami- ica’s families, ahead of liability protec- somewhere else, anywhere else—I do nated. About 2,000 people live within 1 tion for polluting special interests and not care where it comes from, the rich mile of the site. I urge its adoption. or from wherever you want to take it. I want that site cleaned up. I want Mr. BOND. Mr. President, I yield my- From wherever you take it, to put $400 those families to live and raise their self 1 minute. million into a troubled program before children in a clean, safe environment. I always enjoy hearing my colleague we have addressed the reforms that The level of funding in the bill would from Delaware talk. It is very enter- need to be made is a mistake. jeopardize future progress at this site— taining. But it has nothing to do with I urge my colleagues to reject this and I am not going to put Delaware’s this bill. If he is talking about un- amendment at the urging of the Sen- communities at risk. funded mandates, the Superfund is not ator who chairs that committee, who is The bill as currently written also an unfunded mandate. Ninety percent prepared within the next few days to cuts by over $328 million assistance to comes from the Superfund trust fund. present to the full Senate, certainly to local governments in meeting their We are saying we must reform the pro- the committee, Environment and Pub- Clean Water Act responsibilities. gram so that we spend less money on lic Works Committee, and ultimately These funds are desperately needed the cleanups and that the States’ share to the full Senate a comprehensive re- by local communities to modernize fa- of 10 percent will go down. form which I believe is fair and that I He is talking about not giving cilities which treat wastewater pollu- believe will address many of the con- enough money to the States. We put tion. cerns we feel about the Superfund Pro- The cut means that raw sewage will $300 million more in the State revolv- gram. ing fund because we are concerned. It is pollute local waters, potentially reach- Given the pendency of this reauthor- a wonderful rhetoric, an enjoyable ar- ing America’s coastline, places such as ization effort, I just cannot see how gument; just not this bill. And this bill Rehobeth and Dewey Beaches in Dela- providing these additional moneys now is what we are talking about. The ware. to the Superfund Program is a good use Years ago, I literally dredged raw amendment has nothing to do with the of very limited financial resources. It sewage from the floor of the Delaware comments, the very delightful com- is premature. Bay to demonstrate just how polluted ments, of my friend from Delaware. I yield 5 minutes to the Senator from I am not saying, I wish to emphasize that waterway once was. to the Senator from New Jersey, that Today it is much cleaner, and raw New Hampshire. at some point I would not like to have sewage is no longer as severe a prob- Mr. SMITH. I thank the Senator additional funds for that program. lem. from Missouri for yielding. I am not going to turn back the clock Mr. President, I would like to address Maybe they would be needed. But at on that progress—America’s beaches a few brief comments regarding the this point it is premature, and I must should be littered with vacationers, not amendment that has been offered by for that reason urge the rejection of sewage. my colleague, the Senator from New the Lautenberg amendment. Lastly, Mr. President, the amend- Jersey. As the Senate knows, Senator If we are successful—and I believe we ment provides an extremely modest LAUTENBERG is the ranking member of will be—in reauthorizing a streamlined amount of funding for the Council on the Subcommittee on Superfund, which and improved Superfund Program with- Environmental Quality. I chair. I have worked closely with the in the next few weeks, it is certainly The former Republican Governor of Senator on the reauthorization of this possible that next year I might be here Delaware, Mr. Russ Peterson, a man program. I am very familiar with his saying that when we look at the fiscal whom I have the utmost respect and concerns and understand the concerns year 1997 VA-HUD-independent agen- admiration for, formerly chaired this that he has regarding this program. cies program, money should be shifted Council. But I think we must point out, Mr. within that program to the Superfund It’s mission is simple: To eliminate President, that this program, to put it Program, perhaps at the expense of duplication and waste by coordinating mildly, has had its share of problems something else. I very well might make the Government’s use of environmental over the past 15 years. It has had some that case. impact statements, in the process sav- successes. But its cleanup rate, success In view of the problems that we now ing the taxpayers’ money. ratio, has been very, very low without face, in view of the fact that we are on It is a wise use of resources, the re- getting into a lot of detail here. the verge now of presenting these re- turn is far greater than the investment This has been a failed program. It is forms, this amendment is simply pre- and we ought to support it. very premature at this point in the mature. I think the Senate and all of Mr. President, this amendment will process—given the reconciliation be- my colleagues deserve the opportunity not add one penny to the Federal def- fore us that Senator BOND has already to address these concerns to see what icit or debt. addressed—to simply say we are going the real problems of the Superfund It is funded by simple fairness—any to dump $400 million into the Super- Program are, to see how we are ad- future tax cut provided in the budget fund Program without knowing at this dressing those problems one by one, bill both Chambers are now working on point what the reforms are or what the from the liability issue, to the State should go to the middle class only. reforms should be. involvement issue, to the remedy issue. It is as simple as that. During the last 9 months of our sub- All of these issues are going to be fully The middle class has been taking a committee, the Senate Superfund Sub- addressed, including the funding issue, beating over the past two decades. committee has held seven hearings on in the reform bill, and I hope my col- They have played by the rules, paid Superfund. Senator LAUTENBERG at- leagues would await that bill, pass their taxes, done right by their chil- tended all of those hearings. They were judgment on that bill, before simply dren, and yet their standard of living very extensive. I know there was a lot dumping additional resources into the has fallen. of information provided on how this Superfund Program. Violence has encroached upon their program should be changed. There were I yield back any time I might have to lives unlike any other time in our his- many divergent ideas, and no one with my colleague from Missouri. tory. Women, and even men, no longer all of the answers. There was a series of Mr. BOND addressed the Chair. feel safe walking to their cars at night exchanges between people. Many had The PRESIDING OFFICER (Mr. across dimly lighted parking lots. ideas that were in conflict with each ASHCROFT). The Senator from Missouri. Armed robberies at automatic teller other. Mr. BOND. I express my sincere machines are now commonplace in safe One issue, as I indicated in my open- thanks to the chairman of the sub- suburban areas. ing sentence, was made very clear in committee. I realize what a difficult

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14354 CONGRESSIONAL RECORD — SENATE September 27, 1995 job this is. We look forward to working withstanding section 111(m) of CERCLA or tions as the Administrator shall establish, to with him. It is vitally important for any other provision of law, not to exceed any State or federally recognized Indian the environmental health and well $64,000,000 of the funds appropriated under tribe for multimedia or single media pollu- being of this country to reauthorize this heading shall be available to the Agency tion prevention, control and abatement and for Toxic Substances and Disease Registry to related environmental activities at the re- this measure. He has taken the lead in carry out activities described in sections quest of the Governor or other appropriate that very difficult effort. We look for- 104(i), 111(c)(4), and 111(c)(14) of CERCLA and State official or the tribe: Provided further, ward to seeing that measure in com- section 118(f) of the Superfund Amendments That from funds appropriated under this mittee and coming to the floor so we and Reauthorization Act of 1986: Provided heading, the Administrator may make can perform some badly needed surgery further, That none of the funds appropriated grants to federally recognized Indian govern- to make sure the Superfund does what under this heading shall be available for the ments for the development of multimedia en- everybody expects it would do, and Agency for Toxic Substances and Disease vironmental programs: Provided further, That that is clean up dangerous sites and to Registry to issue in excess of 40 toxicological of the $1,828,000,000 for capitalization grants profiles pursuant to section 104(i) of CERCLA for State revolving funds to support water do it on a priority basis. during fiscal year 1996: Provided further, That infrastructure financing, $500,000,000 shall be Now, Mr. President, I believe there none of the funds made available under this for drinking water State revolving funds, but are no further speakers on my side, so heading may be used by the Environmental if no drinking water State revolving fund I am prepared to yield back the re- Protection Agency to propose for listing or legislation is enacted by December 31, 1995, mainder of my time. As I said before, to list any additional facilities on the Na- these funds shall immediately be available there is no offset. It is totally smoke tional Priorities List established by section for making capitalization grants under title and mirrors. But in the technical lan- 105 of the Comprehensive Environmental Re- VI of the Federal Water Pollution Control guage, Mr. President, the adoption of sponse, Compensation and Liability Act Act, as amended: Provided further, That of (CERCLA), as amended (42 U.S.C. 9605), un- the funds made available under this heading the pending amendment would cause less the Administrator receives a written re- in Public Law 103–327 and in Public Law 103– the Appropriations Committee to quest to propose for listing or to list a facil- 124 for capitalization grants for State revolv- breach its discretionary allocation as ity from the Governor of the State in which ing funds to support water infrastructure fi- well as breach revenue amounts estab- the facility is located, or appropriate tribal nancing, $225,000,000 shall be made available lished in the fiscal year 1996 budget res- leader, or unless legislation to reauthorize for capitalization grants for State revolving olution. Therefore, pursuant to section CERCLA is enacted. funds under title VI of the Federal Water 302(f) and 306 of the Congressional LEAKING UNDERGROUND STORAGE TANK TRUST Pollution Control Act, as amended, if no Budget Act, I raise a point of order FUND drinking water State revolving fund legisla- tion is enacted by December 31, 1995. against the amendment. (INCLUDING TRANSFER OF FUNDS) Mr. LAUTENBERG addressed the For necessary expenses to carry out leak- ADMINISTRATIVE PROVISIONS Chair. ing underground storage tank cleanup activi- SEC. 301. MORATORIUM ON CERTAIN EMISSIONS The PRESIDING OFFICER. The Sen- ties authorized by section 205 of the Super- TESTING REQUIREMENTS. (a) MORATORIUM.— ator from New Jersey. fund Amendments and Reauthorization Act of 1986, and for construction, alteration, re- (1) IN GENERAL.—The Administrator of the Mr. LAUTENBERG. I move to waive pair, rehabilitation, and renovation of facili- Environmental Protection Agency (referred the application of the Budget Act as it ties, not to exceed $75,000 per project, to in this subsection as the ‘‘Adminis- pertains to the pending amendment. $45,827,000, to remain available until ex- trator’’) shall not require adoption or imple- Mr. BOND. I ask for the yeas and pended: Provided, That no more than mentation by a State of a test-only or I/M240 nays. $8,000,000 shall be available for administra- enhanced vehicle inspection and mainte- The PRESIDING OFFICER. Is there a tive expenses: Provided further, That $600,000 nance program as a means of compliance sufficient second on the motion to shall be transferred to the Office of Inspector with section 182 of the Clean Air Act (42 waive? There appears to be a sufficient General appropriation to remain available U.S.C. 7511a), but the Administrator may ap- prove such a program if a State chooses to second. until September 30, 1996. OIL SPILL RESPONSE adopt the program as a means of compliance. The yeas and nays were ordered. (2) REPEAL.—Paragraph (1) is repealed ef- (INCLUDING TRANSFER OF FUNDS) Mr. LAUTENBERG. Mr. President, I fective as of the date that is 1 year after the For expenses necessary to carry out the also ask unanimous consent—since the date of enactment of this Act. Environmental Protection Agency’s respon- amendment last night was prepared, (b) PLAN APPROVAL.— sibilities under the Oil Pollution Act of 1990, there have been some amendments that (1) IN GENERAL.—The Administrator of the $15,000,000, to be derived from the Oil Spill Environmental Protection Agency (referred were proposed here, and I simply ask Liability trust fund, and to remain available unanimous consent to modify the to in this subsection as the ‘‘Adminis- until expended: Provided, That not more than trator’’) shall not disapprove a State imple- amendment to not inadvertently strike $8,000,000 of these funds shall be available for mentation plan revision under section 182 of any language that was previously administrative expenses. the Clean Air Act (42 U.S.C. 7511a) on the adopted by the Senate. These changes PROGRAM AND INFRASTRUCTURE ASSISTANCE basis of a regulation providing for a 50-per- make no substantial change in my For environmental programs and infra- cent discount for alternative test-and-repair amendment. structure assistance, including capitaliza- inspection and maintenance programs. The PRESIDING OFFICER. Is there tion grants for state revolving funds and per- (2) CREDIT.—If a State provides data for a objection to the request? formance partnership grants, $2,668,000,000, proposed inspection and maintenance system The Chair hears no objection, and it to remain available until expended, of which for which credits are appropriate under sec- $1,828,000,000 shall be for making capitaliza- is so ordered. tion 182 of the Clean Air Act (42 U.S.C. 7511a), tion grants for State revolving funds to sup- the Administrator shall allow the full The amendment, as modified, is as port water infrastructure financing; amount of credit for the system that is ap- follows: $100,000,000 for architectural, engineering, de- propriate without regard to any regulation On page 141, line 4, strike beginning with sign, construction and related activities in that implements that section by requiring ‘‘$1,003,400,000’’ through page 152, line 9, and connection with the construction of high pri- centralized emissions testing. insert the following: ‘‘$1,435,000,000 to remain ority water and wastewater facilities in the (3) DEADLINE.—The Administrator shall available until expended, consisting of area of the United States-Mexico Border, complete and present a technical assessment $1,185,000,000 as authorized by section 517(a) after consultation with the appropriate bor- of data for a proposed inspection and mainte- of the Superfund Amendments and Reauthor- der commission; $50,000,000 for grants to the nance system submitted by a State not later ization Act of 1986 (SARA), as amended by State of Texas, which shall be matched by an than 45 days after the date of submission. Public Law 101–508, and $250,000,000 as a pay- equal amount of State funds from State re- SEC. 302. None of the funds made available ment from general revenues to the Haz- sources, for the purpose of improving waste- in this Act may be used by the Environ- ardous Substance Superfund as authorized water treatment for colonias; and $15,000,000 mental Protection Agency to impose or en- by section 517(b) of SARA, as amended by for grants to the State of Alaska, subject to force any requirement that a State imple- Public Law 101–508: Provided, That funds ap- an appropriate cost share as determined by ment trip reduction measures to reduce ve- propriated under this heading may be allo- the Administrator, to address wastewater in- hicular emissions. Section 304 of the Clean cated to other Federal agencies in accord- frastructure needs of Alaska Native villages: Air Act (42 U.S.C. 7604) shall not apply with ance with section 111(a) of CERCLA: Provided Provided, That beginning in fiscal year 1996 respect to any such requirement during the further, That $11,700,000 of the funds appro- and each fiscal year thereafter, and notwith- period beginning on the date of the enact- priated under this heading shall be trans- standing any other provision of law, the Ad- ment of this Act and ending September 30, ferred to the Office of Inspector General ap- ministrator is authorized to make grants an- 1996. propriation to remain available until Sep- nually from funds appropriated under this SEC. 303. None of the funds provided in this tember 30, 1996: Provided further, That not- heading, subject to such terms and condi- Act may be used within the Environmental

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Protection Agency for any final action by establishing fees to recover all reasonable AMENDMENT NO. 2789 TO THE EXCEPTED COM- the Administrator or her delegate for signing costs incurred by EPA for assistance ren- MITTEE AMENDMENT ON PAGE 51, LINE 3, and publishing for promulgation a rule con- dered businesses in its Energy Efficiency and THROUGH PAGE 128, LINE 20 cerning any new standard for arsenic (for its Energy Supply program. The study shall in- (Purpose: To strike the provision relating to carcinogenic effects), sulfates, radon, ground clude, among other things, an evaluation of spending limitations on Fair Housing Act water disinfection, or the contaminants in making the Energy Efficiency and Energy enforcement, and for other purposes) phase IV B in drinking water, unless the Safe Supply Program self-sustaining, the value of The PRESIDING OFFICER. Under Drinking Water Act of 1986 has been reau- the assistance rendered to businesses, pro- the previous order, the Senator from thorized. viding exemptions for small businesses, and SEC. 304. None of the funds provided in this making the fees payable directly to a fund Wisconsin is recognized. Act may be used during fiscal year 1996 to that would be available for use by EPA as Mr. FEINGOLD. I thank the Chair. sign, promulgate, implement or enforce the needed for this program. The Administrator Mr. President, I ask unanimous con- requirement proposed as ‘‘Regulation of shall report to Congress by March 15, 1996 on sent that the pending committee Fuels and Fuel Additives: Individual Foreign the results of this study and EPA’s plan for amendment be temporarily set aside Refinery Baseline Requirements for Refor- implementation. and it be in order to take up the com- mulated Gasoline’’ at volume 59 of the Fed- (c) FUNDING.—For fiscal year 1996, up to mittee amendment beginning on page eral Register at pages 22800 through 22814. $100 million of the funds appropriated to the 51, line 3. SEC. 305. None of the funds appropriated to Environmental Protection Agency may be the Environmental Protection Agency for The PRESIDING OFFICER. Is there used by the Administrator to support global objection? The Chair hears none, and it fiscal year 1996 may be used to implement participation in the Montreal Protocol fa- section 404(c) of the Federal Water Pollution cilitation fund and for the climate change is so ordered. Control Act, as amended. No pending action action plan programs including the green Mr. FEINGOLD. Mr. President, I send by the Environmental Protection Agency to programs.’’ an amendment to the desk on behalf of implement section 404(c) with respect to an myself and Senators MOSELEY-BRAUN, EXECUTIVE OFFICE OF THE PRESIDENT individual permit shall remain in effect after MIKULSKI, SIMON, KENNEDY, BRADLEY, the date of enactment of this Act. OFFICE OF SCIENCE AND TECHNOLOGY POLICY and WELLSTONE. SEC. 306. Notwithstanding any other provi- For necessary expenses of the Office of The PRESIDING OFFICER. The sion of law, for this fiscal year and hereafter, Science and Technology Policy, in carrying an industrial discharger to the Kalamazoo clerk will report the amendment. out the purposes of the National Science and The assistant legislative clerk read Water Reclamation Plant, an advanced Technology Policy, Organization, and Prior- wastewater treatment plant with activated ities Act of 1976 (42 U.S.C. 6601 and 6671), hire as follows. carbon, may be exempted from categorical of passenger motor vehicles, services as au- The Senator from Wisconsin [Mr. FEIN- pretreatment standards under section 307(b) thorized by 5 U.S.C. 3109, not to exceed $2,500 GOLD], for himself, Ms. MOSELEY-BRAUN, Ms. of the Federal Water Pollution Control Act, for official reception and representation ex- MIKULSKI, Mr. SIMON, Mr. KENNEDY, Mr. as amended, if the following conditions are penses, and rental of conference rooms in the BRADLEY, and Mr. WELLSTONE, proposes an met: (1) the Kalamazoo Water Reclamation District of Columbia, $4,981,000: Provided, amendment numbered 2789 to the excepted Plant applies to the State of Michigan for an That the Office of Science and Technology committee amendment on page 51, line 3, exemption for such industrial discharger and Policy shall reimburse other agencies for not through page 128, line 20. (2) the State or the Administrator, as appli- less than one-half of the personnel com- Mr. FEINGOLD. Mr. President, I ask cable, approves such exemption request pensation costs of individuals detailed to it. based upon a determination that the Kala- unanimous consent that reading of the mazoo Water Reclamation Plant will provide COUNCIL ON ENVIRONMENTAL QUALITY AND amendment be dispensed with. treatment consistent with or better than OFFICE OF ENVIRONMENTAL QUALITY The PRESIDING OFFICER. Without treatment requirements set forth by the For necessary expenses to continue func- objection, it is so ordered. EPA, and there exists an operative financial tions assigned to the Council on Environ- The amendment is as follows: contract between the City of Kalamazoo and mental Quality and Office of Environmental On page 125, strike lines 12 through 17. the industrial user and an approved local Quality pursuant to the National Environ- Mr. FEINGOLD. Mr. President, I un- pretreatment program, including a joint mental Policy Act of 1969, the Environ- monitoring program and local controls to mental Improvement Act of 1970 and Reorga- derstand there is a 30-minute time al- prevent against interference and pass nization Plan No. 1 of 1977, $2,188,000. lotment on our side; is that correct? The PRESIDING OFFICER. The Sen- through. ADMINISTRATIVE PROVISIONS SEC. 307. No funds appropriated by this Act ator is correct. may be used during fiscal year 1996 to en- SEC. 401. Section 105(b) of House Concur- Mr. FEINGOLD. I yield myself such force the requirements of section 211(m)(2) of rent Resolution 67 (104th Congress, 1st Ses- time as necessary. the Clean Air Act that require fuel refiners, sion) is amended to read as follows: Mr. President, the amendment I am ‘‘(b) RECONCILIATION OF REVENUE REDUC- marketers, or persons who sell or dispense offering today will strike the provision TIONS IN THE SENATE.— fuel to ultimate consumers in any carbon buried in the VA–HUD appropriations monoxide nonattainment area in Alaska to ‘‘(1) CERTIFICATION.—(A) In the Senate, use methyl tertiary butyl ether (MTBE) to upon the certification pursuant to section bill that I believe would likely have se- meet the oxygen requirements of that sec- 205(a) of this resolution, the Senate Com- rious consequences for the protection tion. mittee on Finance shall submit its rec- and enforcement of the civil rights SEC. 308. None of the funds appropriated ommendations pursuant to paragraph (2) to laws in our country. under this Act may be used to implement the the Senate Committee on the Budget. After The committee bill, unfortunately, requirements of section 186(b)(2), section receiving the recommendations, the Com- includes a provision that would prevent 187(b) or section 211(m) of the Clean Air Act mittee on the Budget shall add such rec- HUD from spending any of its appro- ommendations to the recommendations sub- (42 U.S.C. 7512(b)(2), 7512a(b), or 7545(m)) with priated funds to ‘‘sign, implement, or respect to any moderate nonattainment area mitted pursuant to subsection (a) and report in which the average daily winter tempera- a reconciliation bill carrying out all such enforce any requirement or regulation ture is below 0 degrees Fahrenheit. The pre- recommendations without any substantive relating to the application of the Fair ceding sentence shall not be interpreted to revision. Housing Act to the business of prop- preclude assistance from the Environmental ‘‘(B) The Chair of the Committee on the erty insurance.’’ Protection Agency to the State of Alaska to Budget shall file with the Senate revised al- Believe it or not, this provision make progress toward meeting the carbon locations, aggregates, and discretionary would banish HUD from investigating monoxide standard in such areas and to re- spending limits under section 201(a)(1)(B) in- any complaints of property insurance creasing budget authority by $760,788,000 and solve remaining issues regarding the use of discrimination, or ‘‘insurance red- oxygenated fuels in such areas. outlays by $760,788,000. lining’’ as it is more commonly known. ‘‘SEC. . ENERGY EFFICIENCY AND ENERGY SUP- ‘‘(2) COMMITTEE ON FINANCE.—Funding for PLY PROGRAMS. this section shall be provided by limiting The term ‘‘redlining’’ actually evolved (a) PRIORITY FOR SMALL BUSINESSES.—Dur- any tax cut provided in the reconciliation from the practice of particular individ- ing fiscal year 1996 the Administrator of the bill to families with incomes less than uals in the banking industry using Environmental Protection Agency shall give $150,000.’’. maps with red lines drawn around cer- priority in providing assistance in its Energy Mr. LAUTENBERG. Mr. President, is tain neighborhoods. These individuals Efficiency and Energy Supply programs to there any time remaining? would then instruct their loan officers organizations that are recognized as small The PRESIDING OFFICER. The Sen- to avoid offering their financial serv- business concerns under section 3(a) of the Small Business Act (15 U.S.C. 632(a)). ator’s time has expired. ices to residents of these redlined (b) STUDY.—The Administrator shall per- Mr. LAUTENBERG. I yield the re- neighborhoods. These redlined neigh- form a study to determine the feasibility of mainder of my time. borhoods typically were low income

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14356 CONGRESSIONAL RECORD — SENATE September 27, 1995 and minority communities, and it re- was occurring, not only in my own amendments of 1988, Mr. President, sulted in the unavailability of the fi- home State, but apparently in many which were signed by President nancial services that were necessary to other States as well, including Illinois, Reagan, HUD promulgated regulations purchase a home or a business or an Missouri, and Ohio. that specifically placed property insur- automobile. Mr. President, it is important not to ance under the umbrella of the Fair But even as Congress identified and forget who these redlining victims Housing Act. These regulations were moved to curb these discriminatory really are. They are hard-working then promulgated by the Bush adminis- practices in the banking industry, a Americans. They have played by the tration. disturbing and growing level of dis- rules. And they are just trying to buy Let me repeat that. For those who crimination was emerging from the in- a home. They are trying to bring a might think HUD’s involvement in surance industry that would continue sense of stability and vitality to their combating property insurance dis- to deny certain individuals the basic families and to their communities, crimination is simply an initiative of opportunity to own their own home or many times communities that des- the Clinton administration, that is cat- to start a small business. perately need that kind of stability and egorically wrong. The regulations were Property insurance, as we all know, vitality. as a result of a law that passed Con- is almost an absolute requirement to Unfortunately, as happened in Mil- gress with strong bipartisan support obtaining a home loan. And this was waukee, they often run into a brick and was signed into law by President best illustrated by Judge Frank wall of ignorance and injustice. The Ronald Reagan. And then the regula- Easterbrook of the U.S. Seventh Cir- pattern of discrimination in Milwaukee tions were promulgated under the ad- cuit Court of Appeals in that court’s led seven of our Milwaukee residents to ministration of President George Bush. ruling that redlining practices are ille- join with the NAACP to file suit So let us set aside the faulty assertion gal and a violation of the Fair Housing against the American Family Insur- that HUD’s role in enforcing the Fair Act. ance Co. An unprecedented and historic Housing Act as it applies to property The judge was speaking for a unani- out-of-court settlement was reached in insurance is somehow just a new effort mous court when he observed: this case between the parties where the to expand the Federal Government’s Lenders require their borrowers to secure insurance company actually agreed, regulatory powers over a particular in- property insurance. No insurance, no loan; rather than go forward with the litiga- dustry. no loan, no house; lack of insurance thus tion, to spend $14.5 million compen- Mr. President, the supporters of this makes housing unavailable. sating these and other Milwaukee new language also say that regulating Mr. President, the key question, of homeowners who had been discrimi- the insurance industry should be the course, is does redlining actually exist nated against, as well as some of the sole domain of the States as mandated as a practice? Countless new reports funds for special housing programs in under the McCarran-Ferguson Act. Mr. President, this, also, is a diver- and studies indicate that there is a the city of Milwaukee. prevalent and growing level of dis- Mr. President, for those of my col- sionary tactic. This is not an issue of criminatory underwriting in the insur- leagues who might think such discrimi- regulating the insurance industry. The ance industry. Studies such as the 1979 nation in the insurance market is lim- States are the regulators of the insur- report of the Illinois, Indiana, Michi- ited to Milwaukee, WI, I assure you ance industry. What this is, Mr. Presi- dent, is an argument about whether the gan, Minnesota, Ohio, and Wisconsin this is not the case. There is ample rea- Federal Government has the ability to advisory committees to the U.S. Com- son to believe that insurance redlining enforce the civil rights of those who mission on Civil Rights and the recent does occur. It occurs all across this have been discriminated against when study on home insurance in 14 cities re- country. And we should be taking steps they are attempting to purchase a leased by the community advocacy to enhance the Government’s ability to home. That is what this is about—not group ACORN have pointed out that in- combat this form of discrimination. taking away the powers of the States surance redlining practices are, in fact, Mr. President, that is just the oppo- to regulate insurance. And this argu- widespread in America. These reports site of what is happening here. We are ment also fails to recognize that vir- highlight the fallacies of the conten- not taking the steps forward that need tually every Federal court that has tion that lack of adequate insurance in to be made. The language in this bill ruled on this issue, including the sixth many of these communities is due to would actually take us about five steps circuit and the seventh circuit, have economics, or that it is simply due to backward. The provisions of this bill held that the Fair Housing Act applies statistically based risk assessment. are a direct attempt to stop the Fed- to property insurance and that HUD In addition, there is, unfortunately, eral Government from investigating was legally authorized to enforce the some substantial anecdotal evidence complaints of discrimination under the FHA as it relates to homeowners insur- that suggests individuals residing in Fair Housing Act. That is what it is. ance. minority and low-income communities Mr. President, I have to say that I Mr. President, I would like to begin are systematically denied affordable or am very disturbed by this behind- to conclude these remarks by reading adequate homeowners insurance. closed-doors attempt to undermine the from an editorial in opposition to this The ramifications of reducing access civil rights laws of this country. There ill-advised language, and that led to to affordable and adequate homeowners have been no hearings on this proposal the attempt to strike the language. insurance have proven severe for urban by either the Banking Committee or Mr. President, this is not an article areas with large minority commu- the Judiciary Committee. from The Washington Post or the New nities. Without property insurance, an Mr. President, I would like to know York Times. It is from the National individual cannot obtain a home loan. where the mandate for this change to Underwriter, which is the trade publi- Without a home loan, an individual our fair housing laws came from. I cation of the insurance industry. Let cannot obtain a home. Thus, refusing would like to know where the sup- us see what they say about this at- to provide property insurance to an in- porters of this radical language feel tempt to gut the enforcement by HUD. dividual because he or she lives in a that the American people are somehow The editorial said: predominantly minority community overprotected from racial and ethnic However receptive the Republican-con- has to be a clear violation of the civil discrimination. Was this part of the trolled Congress is to business rewrites of rights protections of the Fair Housing Contract With America, to roll back legislation, and however large public antip- Act. the civil rights protections of this Na- athy to poverty and affirmative action pro- My own interest in this matter is tion? I did not see it in there. grams seems, we feel the overwhelming ma- longstanding, but it especially grew I am very troubled that this would jority of Americans believe in the funda- out of a widely reported redlining even be attempted. The supporters of mental principle that all U.S. citizens de- abuse in the city of Milwaukee, WI, this new language claim that the Fair serve equal access to the same goods and services, including those offered by insurers. where it was well documented that in- Housing Act does not say one word . . ..while the industry may not be looking surance redlining was occurring on a about property insurance. It is true to avoid redlining or civil-rights oversight, widespread basis. I was outraged that that the original act does not say that. insurers certainly appear to be using a legis- this sordid, documented discrimination But as a result of the Fair Housing Act lative end-run to keep HUD from trying to

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14357 rectify legitimate insurance redlining and With recent court decisions running Who yields time? civil-rights wrongs. against them and a high level of public con- cern over insurers writing off rather than Mr. BOND. Mr. President, I yield my- That is what the insurance industry self 10 minutes. has even said about some of their coun- underwriting inner cities, insurers have sim- terparts’ effort to block this. ply tried to legislate away the heat without The PRESIDING OFFICER. The Sen- So, Mr. President, I ask unanimous addressing the underlying problems which ator from Missouri. prompted HUD to act in the first place. consent that the text of that editorial But the heat will not dissipate so easily, as Mr. BOND. First, let me agree with be printed in the RECORD at the conclu- National Fair Housing Alliance Executive my friend from Wisconsin that we do sion of my remarks. Director Shanna Smith made clear. There not support nor do I think the insur- The PRESIDING OFFICER. Without are still the courts to consider—and in case ance industry would support redlining. objection, it is so ordered. the insurance industry has forgotten, if We believe that everyone should have (See exhibit 1.) there is one thing consumer groups are good access to all services, whether they be Mr. FEINGOLD. Mr. President, I find at, it is grassroots organizing of a particu- it remarkable that the trade publica- larly loud and visible sort that attracts the insurance or housing or credit, not in tion of the very industry in question press and gives CEOs and public relations of- any way limited by race, gender or has observed this is nothing more than ficials ulcers, not to mention shareholders. other impermissible classifications. a backdoor attempt to stop HUD from The insurance industry—which isn’t ex- What this language in the bill does— combating legitimate and real red- actly held up by the public as an example of published, reviewed by the committee enlightened corporate interest to begin lining abuses and discriminatory prac- with—can almost certainly count on orga- and the subcommittee, and brought tices. I am not out here on the floor nized, deep and sustained consumer outrage here on the floor, not behind some today to throw a blanket indictment if it pushes through the ban on funding for closed doors, as he implied—is to say on the insurance industry. I know HUD insurance oversight. very simply that HUD should follow many individuals in my home State All this for what? A one-year reprieve? (As the law, a novel concept, perhaps one who work in the industry, and it is my part of an annual budget bill, the insurance that may be a little foreign when one firm belief the vast majority of those funding ban is only for fiscal year 1996, and has perfect, pure motives. But even would need to be renewed annually.) people are decent, hard-working Amer- pure motives do not warrant disregard icans who would join with me and the However receptive the Republican-con- trolled Congress is to business rewrites of of the law. Senator from Maryland and the Sen- legislation, and however large public antip- Section 218 of the VA–HUD appro- ator from Illinois and others in con- athy to poverty and affirmative-action pro- demning this sort of bigotry and dis- priations bill prohibits the use of any grams seems, we feel the overwhelming ma- funds provided by the bill for the appli- crimination. Unfortunately, it is evi- jority of Americans believe in the funda- dence that these sort of abuses do mental principle that all U.S. citizens de- cation of the Fair Housing Act to prop- occur. And the Federal Government serve equal access to the same goods and erty insurance. This provision was also has to do all it can do to enforce the services, including those offered by insurers. included in the House version of the Fair Housing Act as is required under HUD Secretary Henry Cisneros called the bill. In theirs, however, it went farther, current law. insurance funding ban ‘‘an affront to civil and I think that may have been what rights.’’ And the National Association of In- the Senator was addressing. He said I hope my colleagues will set aside surance Commissioners has unequivocally their partisan and political differences you could not even look into the exist- stated that urban poor and minority con- ence of it. We did not say that in our and adhere to a set of principles that I sumers do not have the same access to insur- think we really could all agree on. ance products as their wealthier, suburban bill. That not only includes the principle and white counterparts. This provision, however, is an impor- that every American should be free NAMIC’s vice president of federal affairs, tant means of eliminating duplication from discrimination wherever it may Pamela Allen, says insurers don’t seek to and wasteful expenditures of taxpayers’ occur, but also a commitment and avoid redlining issues or civil rights laws, money. HUD’s Office of Fair Housing dedication to protecting and enforcing but simply want to avoid dual regulation. Perhaps this argument has some merit, but and Equal Opportunity has devoted the civil rights in this country and while the industry may not be looking to substantial resources to regulatory and continuing to battle the various forms avoid redlining or civil-rights oversight, in- other activities aimed at addressing al- of bigotry and discrimination that con- surers certainly appear to be using a legisla- leged property insurance discrimina- tinue to pervade this Nation. tive end-run to keep HUD from trying to rec- tion, purportedly pursuant to the Fair So, I urge my colleagues to reject the tify legitimate insurance redlining and civil- Housing Act. HUD not only has devoted committee language which would quite rights wrongs. its own personnel to these activities, it simply block HUD’s effort to fight in- Fiscally constrained state insurance regu- lators, with less restrictive unfair trade has paid millions of taxpayers’ dollars surance redlining, and I ask support for to fund studies by outside consultants, the amendment. practices laws, do not have HUD’s ability to conduct major probes and extract national to hire large law firms to do investiga- EXHIBIT 1 settlements from large multi-state carriers. tions and to fund enforcement efforts [From the National Underwriter, Aug. 21, NFHA’s Ms. Smith told the National Un- by private groups. HUD’s property in- 1995] derwriter: ‘‘I wish the presidents of the [in- surance activities and efforts to regu- INSURER ATTACK ON HUD COULD BACKFIRE surance] companies would meet with us. late insurance are unwarranted and be- As bald expressions of lobbying muscle go, They are sending subordinates in and they yond the scope of the law, beyond the are not getting a clear picture of the serious- the insurance industry’s recent success in scope of the Fair Housing Act and in cutting off the U.S. Department of Housing ness of the charges against them.’’ and Urban Development’s insurance purse If this is true, then we think insurers are contravention of the McCarran-Fer- strings in the House was certainly impres- jeopardizing their reputations by trying to guson Act. sive. make HUD go away. Instead of stiff-arming Every State and the District of Co- But in the real world—that is, the world consumer and community-housing groups lumbia have laws and regulations ad- outside the D.C. Beltway—the industry’s leg- working with HUD in the process, insurers islative coup may not play as well. should act in good faith to seek out and re- dressing unfair discrimination in prop- A broad coalition of insurers and their as- pair any problems which might exist. erty insurance, and they should be en- sociations—led by the National Association We know it is unlikely the industry will forced. The States are actively enforc- of Mutual Insurance Companies, the Na- back off on this issue as it goes to the Sen- ing these antidiscrimination provi- tional Association of Independent Insurers, ate. But suffice it to say when the next in sions. Certainly, we can urge them to State Farm and Allstate—pushed for lan- the never-ending series of industry op-ed do better, but the law gives that re- guage in this year’s House version of the pieces on improving insurers’ poor public HUD appropriations bill which precludes the sponsibility to the States, and that is image appear on these pages, we think we where the argument should be made. agency from using its funding for any insur- will be able to point out one example of what ance-related matter. That would effectively not to do. The States are employing a wide va- end HUD’s much-feared initiative to set and Mr. FEINGOLD. Mr. President, how riety of measures to ensure neither enforce anti-redlining standards for property much time is remaining? race nor any other factor enters into a insurers. Whatever their antipathies to having HUD The PRESIDING OFFICER. There decision whether to provide a citizen stick its nose in their business, we think this are 18 minutes 13 seconds left for the property insurance. In light of these coalition made a major miscalculation. proponents of the amendment. comprehensive State-level protections,

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14358 CONGRESSIONAL RECORD — SENATE September 27, 1995 HUD’s insurance-related activities do back, where it should not be a problem Yes, I live 8 blocks from a public more than add another unnecessary to determine whether cutbacks are ap- housing project. I live around the cor- layer of Federal bureaucracy. The ap- propriate, and that is when HUD’s ac- ner from a shelter for battered women. plication of the Fair Housing Act to tivities go beyond the scope of the law. I live in a Polish community that is property insurance not only unneces- If HUD is not authorized to do it, in also now historic in gentry. sarily duplicates State action, but it fact, is expressly prohibited from doing We have one of the lowest crime also contravenes Congress’ intent re- it, we have said in this bill, ‘‘Don’t rates in Baltimore City. We have one of garding the scope of the law. spend any more money to do it.’’ the lowest auto theft rates in the city. Congress never intended the Fair This would not be in question if HUD We have one of the lowest rates of Housing Act to warrant HUD to regu- had not been going beyond the scope of problems related to fires, theft, rob- late property insurance practices. The the law in spending millions of dollars bery, assault, mayhem, but we pay act expressly governs home sales and already. There is simply no justifica- more. And why? Not because we are rentals and the services that home sell- tion, in a time of scarce resources, good citizens, but because we live in a ers, landlords, mortgage lenders, real when HUD needs to be providing assist- certain zip code. estate providers and brokers provide, ance in housing for those in grave need, Now, hey, at least, though, I can get but it makes no mention whatsoever of to take away from that vital function the insurance. I pay more, perhaps un- the separate service of providing prop- funds that could go for housing and justly, but I pay more, and so do my erty insurance. apply them to insurance-related activi- neighbors. So do those young students ties that duplicate existing comprehen- Indeed, a review of the legislative at the Johns Hopkins School of Public sive State regulations, at the expense history shows that Congress specifi- Health. So do the Polish ladies who be- of the American taxpayer and at the cally chose not to include the sale or long to the Society of Sodality. So do expense of those people who depend underwriting of insurance within the the priests at St. Stanislaus Church, upon federally assisted housing for purview of the act. and so do the people of color who live Further, application of the Fair their shelter. This should be an easy choice for this around us in the neighborhood. Now, I Housing Act to insurance defies Con- do not think that happens to be right. gress’ specific decision 50 years ago body: Provide housing assistance to Also in Baltimore County and Prince that in the area of insurance regula- those who need it, deal with the prob- Georges County we have a rising num- tion, in particular, the States should lems of the homeless, but get HUD out ber of African-American middle-class remain unencumbered by Federal in- of an area where it has no authority, people who have access to home owner- terference. In the McCarran-Ferguson no responsibility and, in fact, has spent ship, often primarily because of what is Act of 1945, Congress determined that millions of dollars beyond its author- in this bill. unless a Federal law ‘‘specifically re- ity. Through the VA and through the lates to the business of insurance,’’ Mr. President, I reserve the remain- FHA, this subcommittee—and I know that law shall not be deemed applicable der of my time. Mr. FEINGOLD. Mr. President, I this chairman has promoted home own- to insurance practices. By applying the yield 10 minutes to the Senator from ership. Now, though we are promoting Fair Housing Act to insurance, HUD Maryland. home ownership on one side of the Fed- simply disregards the fact that the law The PRESIDING OFFICER. The Sen- eral ledger, we are going to deny the does not ‘‘specifically relate to the ator from Maryland. Federal Government’s ability to en- business of insurance.’’ Ms. MIKULSKI. Mr. President, I rise Some argue that HUD’s actions are force antiredlining in property insur- as a very strong cosponsor of the Fein- ance. I do not think that works. justified by court decisions, citing two gold/Moseley-Braun amendment. As appellate court rulings, one in the sev- At a time in our Nation’s history has been stated by the author of the when civil rights violations are univer- enth circuit and one in the sixth cir- amendment, this amendment would cuit. But these decisions do not, in sally rejected by people of conscience, strike the provisions in this bill that and I know 99 other people in this body fact, confirm that the Fair Housing prohibit HUD from enforcing fair hous- Act applies to insurance. Indeed, they who also agree with that, I cannot un- ing laws as they pertain to property in- derstand why the Senate wants this are expressly contradictory in connec- surance. What does that mean? It tion with the Fourth Circuit Court of type of provision. I hope that all Sen- means that the amendment that we are ators will find this provision as unset- Appeals in Mackay. cosponsoring would eliminate the pro- A favored position is that HUD in- tling as I do. I urge my colleagues to hibition that now in the law says that support this amendment. cluded in the 1989 Fair Housing Act HUD will not be able to prevent red- Now, we can talk about States rights. regulations a reference to non- lining in property insurance. discrimination in the provision of prop- The language that is currently in the I will not start the debate here on erty or hazard insurance or dwellings. bill would bar HUD from preventing in- States rights. But the phrase ‘‘States But HUD took this action without ex- surance companies from discriminating rights’’ has been a code word word and pressed legislative authority from Con- on the basis of race, sex, nationality, buzzword for so long under the guise of gress. Unless the Supreme Court should religion, or disability. This has pri- States rights that often there has stood interpret the HUD regulation as giving marily manifested on the issue of race. prejudice in our society. I am not going itself legislative authority, then there Property insurance, as we know, is to bring that up. is no national authority for applying necessary to qualify for a home mort- But what I will bring up is when we the Fair Housing Act to property in- gage loan. Allowing property insurance talk about duplication, about the fact surance. companies to disregard the housing act that States and local governments I believe that the American people could end up denying not only insur- have one set of laws and the Federal want Congress to have the Federal ance to homeowners but actually Government should not duplicate— Government perform those functions it would be an impediment to owning when I was in the Baltimore City Coun- should perform, and it is required by homes themselves. As a Senator who cil, I passed the first legislation in the constitutional law or other practice to has always worked for social justice, I city government to prevent discrimina- do that effectively, to do our job well cannot support the provision currently tion on the basis of disability. Then and to return to State and local gov- in this bill. some 12 years later, we passed a Fed- ernments those activities which are ex- I am directly affected by this. I live eral law. Nobody in the Baltimore City pressly left to the States and local gov- in Baltimore City. I now pay more for Council said, ‘‘Oh, no, BARB, we do not ernments. Regulation of insurance is insurance. I pay more for my property need that because you did this 12 years one of those. insurance. I pay more for my car insur- ago.’’ Well, we needed it there, and we As for the Federal Government, I ance. I pay more not because of who I need it now. When we look at the fact think we have to streamline regulatory am, what I am, but because of my zip that it is the Federal Government that activities, and that means hard code, and there is a prejudice against is promoting home ownership, the Fed- choices. However, there is one area that zip code simply because it is in eral Government has a role in making where Federal spending should be cut Baltimore City. sure the people who benefit from VA

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14359 and FHA can get the property insur- enable them to provide education, outreach, empt from coverage under the Fair ance to protect their property. enforcement and counseling to both citizens Housing Act because of this, that is not I have a letter from the Fair Housing and industry associations on all forms of so. Coalition, and I ask unanimous consent housing discrimination. FHIP-funded organi- The position of the Federal Govern- zations provide training and information to ment and the courts is that the to have it printed in the RECORD. landlords, real estate agents, mortgage lend- There being no objection, the letters ers and other members of the real estate in- McCarran-Ferguson Act does not su- were ordered to be printed in the dustry about their responsibilities and pro- persede or impair Federal authority to RECORD, as follows: tections under the Fair Housing Act. FHIP- enforce the Fair Housing Act. While SEPTEMBER 11, 1995. funded organizations are also the first re- every State has property insurance Hon. BARBARA MIKULSKI, source available to victims of all forms of laws that prohibit unfair discrimina- U.S. Senate, Washington, DC. housing discrimination. Such agency inter- tion, no State law provides the protec- DEAR SENATOR MIKULSKI: We are a group of vention often results in informal resolution tion to insurance consumers equivalent national civil rights and community organi- of complaints so that they never reach HUD to the protection of the Federal Fair zations writing to express our united opposi- or the courts. Housing Act. tion to anti-civil rights provisions passed as The House language goes far beyond ex- Also, the insurance industry claims part of the FY 1996 VA–HUD appropriations empting the insurance industry from HUD enforcement of the Fair Housing Act. It that all minority or ethnic home- bill by the U.S. House of Representatives. owners who are eligible for insurance The first provision exempts an entire indus- eliminates all HUD efforts to ensure that try from complying with basic, civil rights homeowners insurance is provided to every are able to purchase it. Yet investiga- protections under the Fair Housing Act. The American on an equal basis. By defunding tions by the National Fair Housing Al- second defunds the community-based infra- FHIP, the U.S. Congress also would be aban- liance have found that while some mi- structure which undertakes enforcement as doning support for the nonprofits, munici- norities have been able to attain insur- well as preventive efforts to eliminate all palities and universities which undertake en- ance, this coverage is often inferior. In forms of housing discrimination. Together, forcement as well as preventive measures to many instances, they found out that these two provisions go beyond curtailing reduce all forms of housing discrimination. This coalition is united in its belief that African-Americans or Latinos, when HUD’s enforcement activities related to they called an agent, did not receive a homeowners insurance discrimination. guaranteeing equal access to the opportunity of homeownership is a quintessential federal return call or a followup phone call. The House language would bar the U.S. De- Also, insurance companies claim that partment of Housing and Urban Development activity. The availability of homeowners in- from preventing insurance companies from surance is no different than the availability the disclosure of underwriting and pric- discriminating on the basis of race, sex, na- of a home mortgage loan on equal terms. ing mechanisms would violate trade se- tional origin, color, religion, familial status We urge you to continue the bipartisan crets, damaging their profits. But Con- or disability in determining which homes or tradition of supporting the Fair Housing Act necticut requires the filing of the un- homeowners qualify for homeowners insur- by opposing efforts to exempt the insurance derwriting guidelines and makes them ance. Without homeowners insurance, poten- industry from complying with this crucial publicly available, and there is no evi- civil rights protection and by supporting tial homeowners cannot qualify for a home dence that it has a detrimental effect mortgage loan and consequently cannot pur- continued funding for FHIP. Sincerely, on any of the company’s profits. chase or own their own home. Also, the insurance industry claims Discrimination in the provision of home- American Civil Liberties Union. owners insurance continues to plague mid- Bazelon Center for Mental Health Law. that it costs more to provide insurance dle-class, working-class and integrated and Center for Community Change. in urban neighborhoods, which is why minority neighborhoods. Complaints from Lutheran Office for Governmental Affairs. they say it must be so high. While the homeowners, as well as studies and inves- Mexican American Legal Defense and Edu- industry makes that claim, they have tigations demonstrate the current pervasive- cation Fund. never presented any evidence to docu- ness of this problem. For example, a study National Association for the Advancement ment that. The evidence, for example, by the National Association of Insurance of Colored People. NAACP Legal Defense and Educational from the Missouri Insurance Commis- Commissioners found that it is more dif- sion shows that is not true. ficult for residents of minority and inte- Fund, Inc. National Asian Pacific American Legal Because, again, of the activities of grated neighborhoods to obtain insurance the Federal Government to make home coverage and that these homeowners often Consortium. pay more for inferior coverage. Equally dam- National Council of La Raza. ownership available, we now have aging are the extra efforts African-American National Fair Housing Alliance. many of our African-American con- and Latino homeowners must undertake in National Low Income Housing Coalition. stituents living in the suburbs. It is a order to obtain any type of coverage. National Puerto Rican Coalition, Inc. wonderful happening in Maryland. It is The insurance industry responds that mon- National Urban League. exciting to see that. I would hate to see NETWORK: A National Catholic Social itoring of homeowners insurance is the pur- that after working so hard to have ac- view of the states and outside the jurisdic- Justice Lobby. People for the American Way. cess to the American dream, the abil- tion of the Fair Housing Act. However, the ity to get insurance turns into an Sixth and Seventh Circuit Courts of Appeal Ms. MIKULSKI. Mr. President, what American nightmare because of an ac- have determined that HUD has authority to they point out is that the National As- tion taken by the Federal Government investigate insurance discrimination com- sociation of Insurance Commissioners plaints and that the Fair Housing Act pro- that says it is wrong to redline on the found it is more difficult for residents basis of race, gender, national origin, hibits insurance redlining. of minority and integrated neighbor- If this anti-civil rights rider remains, HUD or disability, to be able to get the prop- would be required to suspend all activities hoods to obtain insurance coverage and erty that you worked so hard to get, pertaining to property insurance. Ordinary that these homeowners often pay more and to not be able to have it insured. citizens will be denied the HUD administra- for inferior coverage. Equally dam- Mr. President, I yield the floor. tive process for resolution of their com- aging are the efforts of African-Amer- Mr. WELLSTONE. Mr. President, I plaints. In fact, HUD would be prohibited ican and Latino owners, what they speak today in support of the amend- from continuing the investigation and settle- must undertake in order to obtain any ment offered by Senator FEINGOLD that ment efforts of the 28 insurance discrimina- type of coverage. And if this civil will strike section 218, a provision in tion complaints now pending. The benefits of rights rider would continue, HUD an effective conciliation process will be lost, the bill that would bar HUD from using leaving only the option of costlier, private would be required to suspend most ac- funds to pursue claims of property in- litigation—an option few ordinary citizens tivities pertaining to property insur- surance redlining. I am proud to be a can afford. The ability of society as a whole ance and, in fact, it would even miti- cosponsor of this amendment. to redress the consequences of discrimina- gate solving some of the problems we I want to make it very clear that I tion in homeowners insurance will also be se- face. believe the U.S. Senate should not set riously curtailed because no state insurance I know about the McCarran-Ferguson the precedent of exempting property law provides protection to insurance con- Act. I tried to end discrimination in in- insurance from fair housing laws. The sumers equivalent to the protections of the surance when I was in the House of Senate report accompanying H.R. 2099 Federal Fair Housing Act. The House language also removes the Fair Representatives. I heard enough about states that section 218 ‘‘prohibits the Housing Initiatives Program (FHIP) which that to qualify for law school. But one use of any funds by HUD for any activ- provides funding to nonprofits, municipali- thing I do know is that when the insur- ity pertaining to property insurance.’’ ties and universities across the country to ance industry complains that it is ex- What this means is that HUD could not

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14360 CONGRESSIONAL RECORD — SENATE September 27, 1995 investigate any Fair Housing claims of Fair Housing Act from the Department sound historical reasons for that. We property insurance redlining. If the of Housing and Urban Development to should not make an exception to that provision is not stricken, Americans the Department of Justice. Second, the simple principle. We must not move might be kept from buying houses be- bill bars enforcement of the Fair Hous- backward in the fight to end housing cause they might not be able to get ing Act in the area of housing insur- discrimination. We must ensure, homeowners insurance. I believe that ance redlining. through the pending amendment, that all Americans have the right to home- We have reached an agreement with all Americans have equal access to the owners’ insurance regardless of race or the Senator from Missouri to postpone housing market—without discrimina- ethnicity or the neighborhood where the transfer of enforcement authority tion. they live. while the committees of jurisdiction Mr. BRADLEY. Mr. President, I rise The insurance industry claims that consider this complex question. But in support of the Feingold amendment this type of denial of coverage is not the insurance proposal is still in the to strike the language in this bill bar- taking place, but HUD reports that it bill, and the pending Feingold amend- ring the Department of Housing and continues to process and settle thou- ment would strike it. Urban Development from enforcing the sands of claims of property insurance I was one of the authors of the 1988 Fair Housing Act against insurance redlining. Unfortunately, the practice fair housing amendments, a com- redlining. The language in this bill will of denying coverage to Americans be- prehensive effort to improve and ex- deny the protection of a basic civil cause of the neighborhood they live in pand enforcement of the laws designed rights law to people subject to dis- or the color of their skin is still hap- to protect the civil rights of those crimination by a particular industry. pening. The Wall Street Journal on seeking to buy or rent property. One of Because insurance redlining is a reality September 12, 1995, reported in an arti- the clear purposes of the 1988 act was in America, efforts to eliminate such cle titled, ‘‘Study Finds Redlining Is to end discrimination in the provision discrimination should be aggressively Widespread in Sales of Home-Insurance of property insurance. Since that time, undertaken. Sadly, by stripping HUD Policies,’’ that a ‘‘study by the Fair every court which has addressed the of its enforcement authority, this bill Housing Alliance and other civil rights issue has agreed that the Fair Housing will allow such discrimination to flour- groups found that minority callers to Act covers property insurance dis- ish. insurance agents were often denied crimination. Mr. President, insurance redlining is service or quoted higher rates than The reasoning behind the 1988 amend- a serious problem in this country. Re- white callers seeking insurance for ments is simple. The ability to obtain cently, American Family Mutual In- similar homes in predominately white property insurance is a precondition to surance Co. settled a redlining case by neighborhoods.’’ buying a home. Without property in- paying $16.5 million. The lawsuit was If HUD is barred from investigating surance, a lender will not provide a filed by seven African-American home- claims of property insurance redlining, mortgage. Without a mortgage, most owners in Milwaukee who were either Americans will be denied the protec- Americans would not be able to afford turned down, offered inferior policies, tion of a basic civil rights law. I do not a home. The 1988 fair housing amend- or charged more money for less cov- think that insurance companies should ments were intended to insure that all erage on home insurance policies. The be exempt from property insurance Americans can apply equally for prop- insurance company settled the lawsuit provisions in the Fair Housing Act. erty insurance—without discrimina- after it was discovered that a manager This is a simple amendment that will tion. at the company wrote to an agent who protect all Americans from discrimina- Even today, it is more difficult for was willing to write insurance for Afri- tion by insurance companies when they residents of predominately minority can-Americans: ‘‘Quit writing all those are trying to purchase homeowners in- communities to obtain property insur- Blacks.’’ ance. And when they can secure insur- surance. I want to thank my colleague In addition, Mr. President, the Na- ance, it is often at an inflated price. for offering this important amendment. tional Fair Housing Alliance conducted Mr. KENNEDY. The pending appro- The Department of Housing and Urban a 3-year investigation—partially fund- priations bill would prevent enforce- Development, using the 1988 fair hous- ed with $800,000 from a HUD grant ment of the Fair Housing Act against ing amendments, is successfully work- awarded when Jack Kemp was HUD the insurance industry. I rise in sup- ing to end this fundamental violation Secretary—using white and minority port of the Feingold amendment to of civil rights. We cannot now take a testers posing as middle-class home- strike this ill-considered proposal. step backward and deny millions of owners seeking property insurance cov- Equal access to housing is a right Americans the chance to own their own erage. The test covered nine major cit- guaranteed to all Americans, and the home by making it more difficult for ies and targeted Allstate, State Farm, Fair Housing Act is one of the pillars them to obtain property insurance. of our civil rights laws. Discrimination One effect of this provision would be and Nationwide Insurance. The homes against racial and ethnic minorities to take enforcement of the laws selected were of comparable value, size, seeking to rent or purchase housing is against ‘‘redlining’’ out of Federal age, style, construction, and were lo- just as repugnant as employment dis- hands and effectively leave such en- cated in middle-class neighborhoods. crimination or discrimination in public forcement to the vagaries of State law. The investigation uncovered the fact accommodations. While some States have statutes pro- that discrimination against African- In the wake of the Supreme Court’s hibiting some aspects of discrimination American and Latino neighborhoods Adarand decision, the country is cur- in the provision of property insurance, occurred more than 50 percent of the rently engaged in an important debate these laws do not go as far as the Fair time. Astoundingly, in Chicago, Latino about affirmative efforts to promote Housing Act in preventing discrimina- testers ran into problems in more than the integration of minorities into tion. For example, as of 1993, only 26 95 percent of their attempts to obtain American society. But whatever the States had specific prohibitions on the insurance, while in Toledo, African- outcome of that debate, I had thought offensive practice of insurance red- Americans experienced discrimination that the basic pillars of our civil rights lining. by State Farm 85 percent of the laws—the laws that prohibit discrimi- In addition, no State law provides re- time. While white testers encountered nation against minorities—were not up dress equivalent to the Federal Fair no problems obtaining insurance for grabs in the current Congress. Yet Housing Act. State laws simply do not quotations and favorable rates, Afri- the attack on the Fair Housing Act provide the breadth of coverage or can-American and Latino testers en- embodied in the pending bill raises range of remedies which are currently countered the following problems: doubts about this Congress’ commit- available under Federal law. Why then, Failure by insurance agents to return ment to eradicating discrimination. should we limit the remedies due to repeated phone calls; The bill before us contains two unac- victims of housing discrimination? Failure to provide quote information; ceptable provisions relating to the Fair This Congress has consistently re- Giving preconditions for providing Housing Act. First, it shifts the au- jected efforts to give States exclusive quotes—inspection of property, credit thority to enforce violations of the control over civil rights, and there are rating checks;

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14361 Failure to provide replacement-cost House side, in a letter dated November ple, was the Wisconsin insurance commis- coverage to homes of blacks and 3, 1994 to Secretary Cisneros of HUD, sioner throughout the 8 years during which Latinos; and and Alice Rivlin, said this: the case against American Family was being investigated and litigated? Charging more money to blacks and It is important to note that the Fair Hous- Latinos, while providing less coverage. ing Act does not explicitly address discrimi- In short, Mr. President, the Mr. President, property insurance nation in property insurance. Nor does the antiredlining protections of the Fed- discrimination is illegal under the legislative history that accompanies the act eral Fair Housing Act have provided us Fair Housing Act. Under Secretary indicate any intention to apply these provi- with the ability to have enforcement of Cisneros, HUD has been an active par- sions to business insurance. fair housing laws, have provided us ticipant in enforcing the Fair Housing He went on and added: with the ability to enforce anti- Act and ensuring that property insur- It is also particularly significant because discrimination laws and antiredlining ance discrimination ceases. The insur- the legislative history of the act reveals that laws. Because of that protection, ance industry has been fighting in in 1980, in 1983, 1986, and 1988, Congress spe- Americans are better off; our country court to restrict HUD’s authority to cifically rejected attempts to amend the act is better off. to cover property insurance. enforce insurance redlining. The indus- I plead with my colleagues not to try has not been successful in the judi- So we are going into an area that allow this issue to become one of divi- cial arena in its efforts to stop HUD’s clearly is the jurisdiction of the States. sion among us, but rather to bring us enforcement activities. Thus, the in- I think we are also going into an area together and allow for the protections dustry has now turned to Congress to where we become very, very redundant of the law against redlining, against restrain stepped-up Federal fair lend- on the laws, and putting one on top of discrimination, to continue. ing enforcement efforts. the other probably does not take care I encourage support for the amend- Insurance redlining directly affects of the problem that all of us want to ment of Senator FEINGOLD. the ability of African-Americans, see taken care of. The PRESIDING OFFICER. The Sen- Asians, and Hispanics to purchase a I ask my colleagues, if redundancy is ator from Wisconsin has 6 minutes re- home, because the denial of insurance part of what we are trying to fight out maining. results in the denial of a mortgage in this Government, then maybe we Mr. FEINGOLD. I yield 3 minutes to loan, which in turn results in the in- should take a look and see what we are the senior Senator from Illinois. ability to purchase a home. Mr. Presi- doing here where the States clearly Mr. SIMON. Mr. President, I rise in dent, opponents of affirmative action have jurisdiction. strong support of the Feingold amend- in Congress have argued that strong Mr. President, I yield the floor. I re- ment. enforcement of civil rights laws is the serve the balance of my time. It is very interesting that the Sen- appropriate mechanism to stop dis- Mr. FEINGOLD. I yield to the Sen- ator from Missouri, the senior Senator crimination. However, efforts are now ator from Illinois 4 minutes. from Missouri, mentioned the Ms. MOSELEY-BRAUN. Thank you, underway to strip the one agency that McCarran-Ferguson Act. The Associa- Mr. President. I do not agree with the has been aggressively battling housing tion of Attorneys General of the States Senator’s use of the term ‘‘redun- discrimination of its enforcement au- unanimously wants that repealed. dancy.’’ If anything, this debate is kind thority and remove a whole category of I can remember when Attorney Gen- of de´ja` vu all over again. This is pre- discrimination—insurance redlining— eral Ed Meese, not a flaming radical, cisely the battle lines that were drawn from the reach of the law. This effort testified before the Judiciary Com- in the civil rights debates that hap- needs to be stopped in its tracks. mittee that McCarran-Ferguson ought The PRESIDING OFFICER. Who pened in this very Chamber 30, 40 years to be repealed. yields time? ago, and that I had hoped our Nation When Senator BOND says, ‘‘We do not Mr. BURNS. Mr. President, I want to had moved beyond. support redlining,’’ that is like saying associate myself with the words of the This is an issue of civil rights. This is we do not support going through this chairman of this committee and make an issue of civil rights for all Ameri- red light, but we are not going to ar- a couple of points. cans—not just African Americans, not rest you if you do go through this red Whenever we start talking about just minority Americans, but all Amer- light. That just does not make any Government and Government rules and icans. sense. regulations, first of all I do not think Mr. President, since the passage of I am old enough, Mr. President, to re- anybody deplores discrimination at the Civil Rights Act of 1964 and all member the 1954 school desegregation any stage more than I do. Because we other legislation intended to provide decision by the U.S. Supreme Court, would allow this into this bill will not equality of opportunity to all Ameri- and we thought we were going to move take care of the problems that we seem cans, since that time the Congress has into an integrated society. to be facing in insurance redlining. consistently rejected the argument But our housing pattern has pre- Of course, I still believe in the juris- that the Federal Government should vented the kind of progress that we diction of McCarran-Ferguson. Every leave the enforcement of civil rights to should have. The National Association State and the District of Columbia the exclusive jurisdiction of the States. of Insurance Commissioners recognizes have laws and regulations addressing Members may recall—before my that this is a serious problem. The pat- unfair discrimination in property in- time, certainly—but people may recall tern of housing discrimination is clear. surance. Do we become redundant and the arguments made in the 1960’s about It is probably one of the most blatant put one law on top of another, thinking States rights and how the States areas of discrimination that remains in that the Federal enforcement will be should have exclusive province for en- our society. any better than the State enforce- forcement of civil rights. The Congress When I was a young, green State leg- ment? I think that is a question. stepped in and said, ‘‘No, that is not islator, I was a sponsor of fair housing Congressman KENNEDY over on the correct. We have a very real national legislation to prohibit discrimination, House side offered an amendment to interest in ensuring that all Americans and I remember it was a very emo- strike the language prohibiting HUD have effective remedies for acts of dis- tional issue at that point. I can remem- from promulgating Federal regulations crimination.’’ ber talking to groups and sometimes and it was soundly defeated, bipar- Mr. President, that is precisely what someone would ask the question: Will tisan, by a 266-to-157 margin. this debate is about. As a recent edi- this not lead to mixed marriages? And What we are seeing with this amend- torial stated: I said that I thought all marriages ment is exactly what this Senator and If State laws are effective and States are were mixed marriages. the American people do not want to actively investigating opposing penalties The questioner would respond: Well, see—the Federal Government getting . . . why has every significant legal action that is not exactly what I meant. And been taken by private attorneys or the Fed- involved in something where the States eral Government? Why have such actions of course they would spell out their clearly have jurisdiction. It might sur- been taken almost exclusively under the ju- worry about interracial marriages, and prise you that even Congressman DIN- risdiction of Federal fair housing law and I would say: How many of you in here GELL, former chairman over on the not State insurance codes? Where, for exam- married the boy or girl next door? I

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14362 CONGRESSIONAL RECORD — SENATE September 27, 1995 never, ever had anyone raise their rolled back in the name of insurance mulgate, implement, or enforce any require- hand. Then I said: If you really are con- reform. There is no reason, Mr. Presi- ment or regulation relating to the applica- cerned about racially mixed marriages, dent, why discrimination in insurance tion of the Fair Housing Act to the business then have people move next door; then should be treated any differently than of property insurance. you will solve what you see as a prob- any other form of housing discrimina- That is pretty clear. Maybe they can lem. tion. think about the issue during their cof- The fact is, Mr. President, if we pass Enforcement of the Fair Housing Act fee break, but they are not going to be this without the Feingold amendment, does not involve regulation. Regulation able to do a darned thing about it. Do we are going to make it easier to dis- of rates or other aspects of the insur- not let anyone kid you, this completely criminate. That is the reality. Part of ance business is indeed a State respon- guts HUD’s ability to do something the American dream ought to be to sibility, and no one has argued that about property insurance discrimina- have a home that you like and to be point. tion. able to pay for that home. We should What HUD is obligated to do, and Then there was an attempt, I know in not be denying that dream. That is what it has done under this section of good faith, to suggest that somehow what this bill does without this amend- the law, is to enforce civil rights laws the McCarran-Ferguson Act prevents ment. that prohibit discrimination. No one the Federal Government from taking I hope that we can appeal to some of has offered any valid explanation to this step. Let us look at the plain lan- our colleagues on the other side of the show why this particular industry guage of the Fair Housing Act. The aisle to stand up for civil rights on this should be exempted from civil rights Fair Housing Act, which is also a law issue. We should not take a step back- antidiscrimination laws. of our country just as much as the ward. In the absence of the Feingold McCarran-Ferguson Act, says it is un- Mr. BURNS. Mr. President, I want to amendment, that is what this Congress lawful ‘‘* * * to make unavailable or finish with one point here and then I will be doing. deny housing because of race, and pro- think I will yield some time to the Mr. President, I appeal to my col- hibits discrimination in the provision other side because I think we have leagues that the smokescreen of State of services [in the provision of services] pretty much made our point. rights to regulate insurance is just in connection with the sale of a dwell- When we look at the McCarran-Fer- that in this instance. This is very ing.’’ guson Act, it says: clearly an issue going to the heart of Any American will tell you that No act of Congress shall be construed to in- enforcement of our laws prohibiting homeowners insurance is the provision validate, impair, or intercede any law en- discrimination of all types. of services in connection with the sale acted by any State for the purpose of regu- I hope that my colleagues will sup- of a dwelling. It is clearly within the lating the business of insurance unless such port the attempt by Senator FEINGOLD ambit of that statute and it has been act specifically relates to the business of in- to add back into the law the protec- litigated. It has been litigated in the surance. tions against insurance redlining that legal circuit that both the Senator In other words, what they are saying, his amendment provides. I call on my from Illinois and I live in, the seventh if we want to change the McCarran- colleagues to take a good, close look at circuit. They took up the question of Ferguson Act, it has to be done in free- what is at stake in this debate. We whether the McCarran-Ferguson Act standing legislation. talked. There are a lot of words around prevented the application of the Fair Basically, I will go right back to say all of these issues. But the reality of it Housing Act to property insurance and that we are just adding redundancy. We is that when anyone has to pay more they ruled that in fact it was perfectly are adding another layer of bureauc- for any good or service just because of consistent with and within the provi- racy to try to deal with something the the color of his or her skin, that is a sions of that law. So this, too, is a red States are having success in enforcing. situation that these United States, I herring. It is a red herring that at- I think we are laying one law on top of hope, has moved away from and will tempts to obfuscate the fact that this another law. continue to move away from and will is a direct assault on years and years of Mr. President, I yield 10 minutes of never go back to. To suggest we go trying to do something at the national extra time to the manager on the other back to that under the guise of the slo- level about a widespread national ef- side and I yield back the balance of our ganizing about States rights is short- fort by some elements in the insurance time. sighted, counterproductive, antedilu- industry to prevent honest, hard-work- The PRESIDING OFFICER. Without vian, and I frankly would be stunned if objection, it is so ordered. ing Americans from owning a home. that would be the kind of signal this I have come out to the floor since the The Senator from Wisconsin now has Congress wants to send to the Amer- 13 minutes and 5 seconds. November 8 election and I have voted ican people. to send some powers back to the Mr. FEINGOLD. I yield myself a mo- I therefore express strong support for States. I agree with that sentiment in ment to say that I certainly thank the the Feingold amendment and hope my many areas. I voted for the unfunded Senator from Montana for his great colleagues will do so as well. courtesy in yielding some of his time. I yield the floor. mandate bill. With some concern, I I will now yield 7 minutes to the jun- The PRESIDING OFFICER. The Sen- voted for the Senate version of the wel- ior Senator from Illinois. ator from Wisconsin. fare bill. I voted to let the States de- Ms. MOSELEY-BRAUN. I thank Sen- Mr. FEINGOLD. Mr. President, I cide what the speed limit should be. I ator FEINGOLD. yield myself such time as I require. voted to let the States decide whether Mr. President, I want to also thank I thank the junior Senator from Illi- we should have helmet laws. I voted to the Senator from Montana and the nois not only for her statement, but for let the States decide what the drinking Senator from Wisconsin for yielding her great leadership on this issue. I age should be. I even voted to let them me additional time. I tried to talk fast share her view. I will be stunned if this decide whether or not to have seatbelt because I thought we were under great- body, that has risen to the occasion on laws. But this goes too far. This is ri- er time constraints than we are. I do many instances, actually goes forward diculous, to suggest you simply leave a want to address the whole question of and takes this extremely serious and consistent national pattern of discrimi- regulation. harsh act with regard to the civil nation up to the States. Mr. President, this issue has nothing rights laws of our country. I recently received a letter from to do with regulation. It is about civil There was a suggestion at the begin- James Hall of Milwaukee. Mr. Hall was rights. Enforcement of antiredlining ning by the Senator from Missouri that one of the lead attorneys in the Mil- provisions does not regulate insurance; somehow there would still be an ability waukee redlining case that went to the rather, it prohibits discrimination. It for HUD to do something about this Seventh Circuit Court of Appeals. In works to ensure that insurance, like all problem if we do not reverse this. But this letter, Mr. Hall laid out the rea- other goods and services, is available what the language says in the current sons why the plaintiffs in this case to all citizens regardless of race. committee amendment is: chose the Federal route rather than re- We cannot allow, we should not None of the funds provided in this act will lying on the Wisconsin State laws and allow, civil rights protections to be be used during fiscal year 1996 to sign, pro- courts.

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14363 I ask unanimous request that the sion to bring the action in the United States ators in the Chamber who desire to text of the letter be printed in the District Court. We appreciate the efforts of vote? RECORD. yourself, Senator Mosley Braun, and others The yeas and nays resulted—yeas 45, There being no objection, the letter aimed at continuing to allow HUD to have nays 54, as follows: was ordered to be printed in the the ability to have meaningful involvement in this very important area of the law which [Rollcall Vote No. 469 Leg.] RECORD, as follows: affects the lives of millions of Americans. YEAS—45 HALL, PATTERSON & CHARNE, S.C., If I may be of assistance in any way, please Akaka Feingold Levin Milwaukee, WI, September 26, 1995. advise. Baucus Feinstein Lieberman Re: Insurance Redlining. Sincerely, Biden Ford Mikulski Hon. RUSSELL FEINGOLD, JAMES H. HALL, Jr. Bingaman Glenn Moseley-Braun Hart Senate Office Building, Mr. FEINGOLD. Mr. President, this Boxer Graham Moynihan Washington, DC. Bradley Harkin Murray should not be done, even in the name of Breaux Heflin Nunn DEAR SENATOR FEINGOLD: The purpose of Bryan Hollings Pell this letter is to discuss aspects of my in- the Contract With America, which I do not support, but I have supported some Bumpers Inouye Pryor volvement in the lawsuit NAACP, et al. vs. Byrd Johnston Reid American Family Mutual Insurance Company, provisions of this. This really defaces Cohen Kennedy Robb which was filed in United States District the notion of devolution to the States. Conrad Kerry Rockefeller Court for the East District of Wisconsin in Some things still have to be done by Daschle Kohl Sarbanes July 1990 and resulted in a settlement in the Dodd Lautenberg Simon the Federal Government and one thing Dorgan Leahy Wellstone spring of 1995. I understand that you are fa- for sure is combating discrimination in miliar with the terms of the Settlement NAYS—54 Agreement and the involvement of the this country. Mr. President, I urge all my col- Abraham Gorton McCain United States Justice Department in arriv- Ashcroft Gramm McConnell ing at the settlement with the defendant leagues to support this amendment. Bennett Grams Murkowski American Family Insurance Co. How much time remains? Bond Grassley Nickles The attorneys for the plaintiffs (the The PRESIDING OFFICER. There Brown Gregg Packwood NAACP and seven individuals), decided to are 6 minutes and 28 seconds remain- Burns Hatch Pressler commence the action in the United States ing. Campbell Hatfield Roth District Court, as opposed to Wisconsin state Chafee Helms Santorum Mr. FEINGOLD. Mr. President, I Coats Hutchison Shelby courts. There were several reasons for our yield the remainder of my time. Cochran Inhofe Simpson decision and why similarly situated plain- Mr. BOND. Mr. President, I suggest Coverdell Jeffords Smith tiffs may decide to utilize the federal courts: Craig Kassebaum Snowe 1. We believed that the scope and range of the absence of a quorum. D’Amato Kempthorne Specter remedies and relief obtainable under Title The PRESIDING OFFICER. The DeWine Kerrey Stevens VIII in federal court were superior to those clerk will call the roll. Dole Kyl Thomas which we could expect to obtain in state The bill clerk proceeded to call the Domenici Lott Thompson court. There was more precedent in terms of Exon Lugar Thurmond roll. Frist Mack Warner Title VIII litigation and remedies (although Mr. FEINGOLD. Mr. President, I ask not necessarily in the area of insurance red- unanimous consent that the order for NOT VOTING—1 lining). This included the possibility of ad- the quorum call be rescinded. Faircloth vancing a disparate impact theory of proof The PRESIDING OFFICER. Without The PRESIDING OFFICER. If there as opposed to relying totally on having to objection, it is so ordered. prove ‘‘intent.’’ are no other Senators wishing to vote 2. It is very difficult to proceed with com- Mr. FEINGOLD. Mr. President, I ask or change their vote, on the vote the plex litigation while advancing on theories for the yeas and nays. ayes are 45 and the nays are 54. Three- that may or may not hold water. For in- The PRESIDING OFFICER. Is there a fifths of the Senators duly chosen and stance, the District Court dismissed one of sufficient second? sworn not having voted in the affirma- the plaintiffs’ causes of action based on state There is a sufficient second. tive, the motion is rejected. insurance law, finding that it was not clear The yeas and nays were ordered. The point of order is sustained and that the state law intended a private cause Mr. FEINGOLD. Mr. President, I sug- of action. It is likely that litigants pursuing the amendment falls. gest the absence of a quorum. Mr. BOND. I move to reconsider the theories under state law will find themselves The PRESIDING OFFICER. The vote. in uncharted waters advancing causes of ac- clerk will call the roll. tion without precedent when proceeding Mr. DOLE. I move to lay that motion The bill clerk proceeded to call the under various state statutes. Fortunately, in on the table. roll. our case, we had other causes of action, in- The motion to lay on the table was cluding the Fair Housing Act claim, which Mr. BOND. Mr. President, I ask unan- imous consent that the order for the agreed to. survived. Mr. DOLE. I suggest the absence of a 3. While the McCarran-Ferguson Act could quorum call be rescinded. have potentially created a problem, we ad- The PRESIDING OFFICER. Without quorum. vanced the theory (and the Seventh Circuit objection, it is so ordered. The PRESIDING OFFICER. The Court of Appeals agreed), that the Fair Hous- Mr. BOND. Mr. President, I move to clerk will call the roll. ing Act provisions are consistent with the table the Feingold amendment. I ask The assistant legislative clerk pro- provisions of the Wisconsin statutes out- ceeded to call the roll. lawing insurance discrimination. Accord- for the yeas and nays. The PRESIDING OFFICER. Is there a Mr. BOND. Mr. President, I ask unan- ingly, the McCarran-Ferguson Act was not imous consent that the call for the found to have been violated. However, there sufficient second? may be serious questions concerning the There is a sufficient second. quorum be dispensed with. ability to proceed in states which enact leg- The yeas and nays were ordered. The PRESIDING OFFICER. Without islation providing, for instance, that state AMENDMENT NO. 2788 objection, it is so ordered. statutes are the exclusive remedy for dis- The PRESIDING OFFICER. Under AMENDMENT NO. 2789 crimination. (It is doubtful that any state the previous order, the question occurs Mr. BOND. I ask unanimous consent would pass legislation which is outright in- on the motion to waive the Congres- that the vote ordered for amendment consistent with the federal Fair Housing No. 2789 be vitiated and that the mo- Act, for instance, providing that insurance sional Budget Act for the consideration discrimination is lawful.) of amendment number 2788 offered by tion to table be withdrawn. 4. Another consideration involves the situ- the Senator from New Jersey [Mr. LAU- We are prepared to accept the amend- ation a national or regional insurer conducts TENBERG]. On this question, the yeas ment on this side. business in several states. In order to mean- and nays have been ordered, and the The PRESIDING OFFICER. Without ingfully address that insurer’s practices, it clerk will call the roll. objection, it is so ordered. may be necessary to commence litigation in The bill clerk called the roll. The question occurs on agreeing to each of the various states. It is much more Mr. LOTT. I announce that the Sen- the amendment. convenient and cost-effective to be able to utilize the federal system. ator from North Carolina [Mr. FAIR- So the amendment (No. 2789) was All of the above reasons, but in particular, CLOTH] is necessarily absent. agreed to. uncertainties about the burdens of proof and The PRESIDING OFFICER (Mr. Mr. BOND. I move to reconsider the the scope of remedies, resulted in our deci- SANTORUM). Are there any other Sen- vote.

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14364 CONGRESSIONAL RECORD — SENATE September 27, 1995 Ms. MIKULSKI. I move to lay that words about the pretreatment program ting them into the sewer. That is why motion on the table. under the Clean Water Act, our most the program is called pretreatment. The motion to lay on the table was successful environmental law. Pollution control equipment is in- agreed to. The subject we are discussing is sew- stalled at the industrial plant and it is Mr. CHAFEE addressed the Chair. age treatment. Prior to enactment of operated to remove pollutants such as The PRESIDING OFFICER. The Sen- the Clean Water Act, one of our Na- metals and sediment or to neutralize ator from Rhode Island. tion’s most serious water pollution pollutants including acids and caustics AMENDMENT NO. 2790 TO COMMITTEE AMEND- problems was the discharge of un- before the wastewater is put into the MENT ON PAGE 143, LINE 17 THROUGH PAGE 151, treated sewage—domestic waste col- sewer. LINE 10 lected from homes, workplaces and This is the background for this Mr. CHAFEE. Mr. President, I have other institutions—collected by sewers amendment. The Clean Water Act has an amendment that has been agreed to and quite often discharged without fostered a very successful program to by the managers. treatment to lakes, rivers and streams. treat domestic sewage. An essential I ask consent that the pending com- Untreated sewage creates a host of part of this program is a requirement mittee amendments be set aside in problems. It presents health hazards to for pretreatment of industrial waste- order to consider the committee those who would use the water for water before it is put into the sewer amendment on page 143, line 17. recreation or fishing. The nutrients in and sent to the sewage treatment The PRESIDING OFFICER. Is there the sewage promote the growth of plant. Substantial reductions in the objection? algae that robs the water of oxygen toxic pollution of our rivers and lakes Without objection, it is so ordered. needed by the fish and other organisms have been achieved by the cities that Mr. CHAFEE. Mr. President, I send living in the water. And the loading of operate pretreatment programs. an amendment to the desk. sediments and toxic chemicals can kill Let me break down the argument for The PRESIDING OFFICER. The birds and other wildlife depending on the pretreatment program into four clerk will report the amendment. The assistant legislative clerk read the aquatic environment for food and points. as follows: habitat. First, the pretreatment program pro- So, in 1972 we committed the Nation tects sewage treatment plants from The Senator from Rhode Island [Mr. to solving this problem by building a damage by these industrial chemicals. CHAFEE] proposes an amendment numbered 2790 to the committee amendment on page series of municipal sewage treatment The toxics in industrial waste can 143, line 17 through page 151, line 10. plants. We have invested more than interfere with the chemical and bio- Mr. CHAFEE. Mr. President, I ask $120 billion—more than $65 billion of logical processes used by the central- unanimous consent that reading of the that in Federal dollars—to build, 16,000 ized sewage treatment plant. amendment be dispensed with. sewage treatment plants across the Second, because sewage treatment The PRESIDING OFFICER. Without country. They remove the sludge from plants are not designed to treat many objection, it is so ordered. the water. They clarify the water be- of these industrial wastes—the plant The amendment is as follows: fore it is discharged. They kill the merely passes the waste along to the On page 150, strike lines 12 through 24, and pathogenic organisms in the sewage environment—pretreatment is required insert the following: ‘‘for this fiscal year and that would otherwise spread disease. before the discharge. Treatment before hereafter, an industrial discharger that is a And they dramatically reduce the nu- the discharge is much more efficient pharmaceutical manufacturing facility and trient loadings. because it occurs before the industrial discharged to the Kalamazoo Water Rec- It has been a big success. For in- waste from one plant is mixed with all lamation Plant (an advanced wastewater stance, you hear that Lake Erie was the other material that goes into the treatment plant with activated carbon) prior brought back from the dead or that the sewer. to the date of enactment of this Act may be At the industrial plant you have a exempted from categorical pretreatment Potomac River is once again a place for standards under section 307(b) of the Federal recreation. That is the result of the very concentrated waste stream. Ap- Water Pollution Control Act, as amended, if Clean Water Act and these sewage plying control equipment to that the following conditions are met: (1) the treatment plants. stream can remove substantially all of owner or operator of the Kalamazoo Water One essential part of this effort under the toxic agents. But put that waste Reclamation Plant applies to the State of the Clean Water Act is called the into the sewer untreated and mix it Michigan for an exemption for such indus- pretreatment program. Sewage treat- with millions of gallons of wastewater trial discharger, (2) the State or Adminis- ment plants receive more than domes- from homes and workplaces and it is trator, as applicable, approves such exemp- tic waste for our homes and work- much more difficult to remove the tion request based upon a determination that the Kalamazoo Water Reclamation places. They also receive billions of toxic constituents. Plant will provide treatment and pollution gallons of industrial wastewater. It stands to reason that a treatment removal consistent with or better than Tens of thousands of manufacturing method applied to a small con- treatment and pollution removal require- plants and commercial businesses centrated waste stream will be more ments set forth by the Environmental Pro- dump the waste from their processes effective and less costly than attempt- tection Agency, the State determines that into the sewer. These industrial dis- ing to remove the same amount of ma- the total removal of each pollutant released charges contain hundreds of different terial diluted in a large quantity of into the environment will not be lesser than kinds of pollutants—industrial sol- wastewater. the total removal of such pollutants that Third, the pretreatment program would occur in the absence of the exemption, vents, toxic metals, acids, caustic and (3) compliance with paragraph (2) is ad- agents, oil and grease, and so on. simplifies the task we face under the dressed by the provisions and conditions of a Sewage treatment plants are not gen- Clean Water Program. It would be vir- permit issued to the Kalamazoo Water Rec- erally designed to handle all of these tually impossible to set pollution lamation Plant under section 402 of such industrial chemicals. In fact, the indus- standards for every single chemical Act, and there exists an operative.’’ trial discharges can cause severe dam- that is discharged to the environment. Mr. CHAFEE. Mr. President, this age to sewage treatment plants. And To know what impact a particular deals with a pharmaceutical plant in even where the plant is not damaged by chemical has on a particular waterbody Kalamazoo, MI, and the pretreatment the industrial chemicals, the plant is a question that may take years of requirements for that plant. We are does not treat the toxics—it does not study to answer—for that one chemical amending the underlying language that destroy them—it merely passes them and one lake or stream. To know how is in the bill. through to the water or to the land hundreds of different industrial chemi- This amendment has been agreed to where the sludge from the plant is dis- cals affect the aquatic environments by those involved, such as the distin- posed. receiving pollution from the 16,000 dif- guished junior Senator from Michigan Because of these problems with in- ferent sewage treatment plants is a and the senior Senator from Michigan, dustrial waste, Congress established challenge way beyond the best science as well as the managers of the bill. the pretreatment program under the we have today. Mr. President, let me set the stage Clean Water Act. It requires that in- We get around this impossible task for this amendment by saying a few dustries treat their wastes before put- by asking that those who discharge

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14365 their industrial wastes to our rivers Second, the amendment would re- not, the question is on agreeing to the and lakes—and to the sewage treat- quire EPA to determine that treatment amendment. ment plants that discharge to our riv- by the Kalamazoo sewage plant is truly The amendment (No. 2790) was agreed ers and lakes—use the best available effective as the national standard. The to. pollution control technology before the exemption would be conditioned on a Mr. BOND. Mr. President, I move to waste leaves their plant. finding that the total loading of all reconsider the vote by which the And fourth, the pretreatment pro- pollutants to the environment through amendment was agreed to. gram establishes a uniform level of the air, surface water, ground water Mr. CHAFEE. I move to lay that mo- controls across the whole Nation. It is and to agricultural and residential tion on the table. no secret that the States and cities of lands would not be greater under the The motion to lay on the table was our country are in daily competition to exemption than it would be if the phar- agreed to. attract and hold jobs. One factor in lo- maceutical plant complied with the na- Mr. BINGAMAN addressed the Chair. cating a new business is the regulatory tional standard. climate that applies in a State or city. The PRESIDING OFFICER. The Sen- With respect to determining compli- ator from New Mexico. It is cheaper to do business where the ance, the State of Michigan should as- AMENDMENT NO. 2791 regulations are not so strict. sume that the Kalamazoo plant is oper- Prior to the Clean Water Act, many ating at discharge levels consistent (Purpose: To make an amendment relating States had difficulty establishing effec- to housing assistance to residents of with the technology requirements and colonias) tive pollution control programs be- other requirements of the law includ- Mr. BINGAMAN. Mr. President, I cause of their fear that business would ing water quality based limitations in- move elsewhere. A State putting on send an amendment to the desk. corporated into the permit. Any re- tight controls to cleanup a lake or The PRESIDING OFFICER. If there movals achieved beyond this level are river faced the prospect that its em- is no objection, the pending committee available to offset the reductions that ployers would flee across the State line amendments are set aside, and the would otherwise have been achieved by to keep production costs down. That clerk will report the amendment. the pharmaceutical plant. fear was in part removed when the If the argument made for this rider is The assistant legislative clerk read Clean Water Act established a uniform correct—that the Kalamazoo treat- as follows: level of treatment required of all ment plant protects the environment The Senator from New Mexico [Mr. BINGA- plants in each industry all across the with respect to the wastes from indus- MAN], for himself, Mrs. HUTCHISON, and Mr. Nation. Standards issued by EPA under trial sources as well as any national DOMENICI, proposes an amendment numbered the pretreatment program that apply 2791. regulation could—well then, the phar- to all the plants in an industry all maceutical plant could get its exemp- Mr. BINGAMAN. Mr. President, I ask across the country relieve some of the unanimous consent that reading of the pressure on States that want to have tion. If that showing cannot be made, then the pretreatment program that amendment be dispensed with. good programs of their own. The PRESIDING OFFICER. Without So, that is the background for this will apply to all of the rest of the phar- maceutical industry, would apply in objection, it is so ordered. amendment. The pretreatment pro- The amendment is as follows: gram is a very sensible part of a very this case, too. successful national effort to reduce the Mr. President, I urge the adoption of On page 40, line 17, insert before the period the following: ‘‘: Provided further, That sec- adverse effects of sewage discharged to this amendment. Mr. BOND addressed the Chair. tion 916 of the Cranston-Gonzalez National our lakes, rivers and estuaries. I think Affordable Housing Act shall apply with re- the Clean Water Act has been our most The PRESIDING OFFICER. The Sen- ator from Missouri. spect to fiscal year 1996, notwithstanding successful environmental law and it section 916(f) of that Act’’. Mr. BOND. Mr. President, I thank the has succeeded because of the tech- Mr. BINGAMAN. Mr. President, I rise nology-based controls that have been distinguished chairman of the Environ- ment and Public Works Committee and today to propose an amendment with put on industrial discharges through my colleagues Senator HUTCHISON and programs like the pretreatment pro- the two Senators from Michigan for working to make sure that this amend- Senator DOMENICI. This amendment gram. would extend for 1 year the authority Mr. President, there is a rider in this ment does precisely what it was in- of the Secretary to require a set aside bill that would exempt some industrial tended to. of up to 10 percent of a United States- dischargers in the city of Kalamazoo I believe the refinements in the Mexico border State’s community de- from the requirements of the amendment have been worked out to velopment block grant allocation, as pretreatment program in the Clean the satisfaction of all parties. We think under section 916 of the Cranston-Gon- Water Act. The Kalamazoo sewage the objective is a good objective. We zalez National Affordable Housing Act treatment plant is designed to achieve are prepared to accept the measure on of 1990, for colonias. The colonias pro- advanced treatment and to handle this side. some of the wastes that are sent to it The PRESIDING OFFICER. Is there vision has been in effect in every year by industrial facilities. Because of this further debate on the amendment? following the passage of the Cranston- advanced capacity, it may be that Mr. ABRAHAM addressed the Chair. Gonzalez Act in the 101st Congress, some industry waste streams in Kala- The PRESIDING OFFICER. The Sen- allow the original authorization lapsed mazoo can be handled at the sewage ator from Michigan. in 1994. It is not a change in the status treatment plant and without the need Mr. ABRAHAM. Mr. President, I add quo, and has no budget impact. Al- for pretreatment at the industrial fa- my thanks to the chairman of the com- though section 916 of Cranston-Gon- cility. The purpose of the rider is to re- mittee, the Senator from Rhode Island, zalez requires States to make 10 per- duce compliance costs by waiving re- who has worked very hard with us to cent of CDBG funds available for dundant treatment requirements. try to find language that will allow colonias, in cases like New Mexico and I am concerned, however, on two this project to go forward, to try to California, where the full 10 percent points which I have addressed in the save the taxpayers of Kalamazoo, MI, has not been utilized each year, HUD amendment that is now the pending from having to build an almost iden- has allowed States to reallocate the business. My amendment would not tical water treatment facility to the funds within the State. The point is eliminate the exemption. But it would one that already exists to deal with that the funding is there. tighten it up in these two ways. problems at the existing facility. We For my colleagues not familiar with First, it would only allow exemptions appreciate that. colonias, these are distressed, rural, in Kalamazoo for pharmaceutical We will continue to move forward and predominantly unincorporated plants already located there. If the and continue to work with the Senator communities located within 150 miles Senate adopted my amendment we from Rhode Island to make sure this of the United States-Mexico border. would not be providing an exemption project successfully stays on track. Texas has documented well over 1,100 for all of the industrial facilities in The PRESIDING OFFICER. Is there colonias, while my State of New Mex- Kalamazoo. further debate on the amendment? If ico has over 30. They are often created

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14366 CONGRESSIONAL RECORD — SENATE September 27, 1995 when developers sell unimproved lots, percent of the State’s share of CDBG [Applause.] and using sales contracts, retain title money for housing in colonias. The Mr. President, I ask unanimous con- until the debt on the property is fully conference report did not specify, sent that a list of the delegation be paid. They often do not have adequate ‘‘colonias,’’ but instead, folded that printed in the RECORD. water and sewage access. commitment into $400 million for a There being no objection, the list was These conditions create a serious number of new initiatives. ordered to be printed in the RECORD, as public health, safety, and environ- That money came under a sunset pro- follows: mental risk to the border regions. Per- vision. It requires new action to con- DELEGATION OF THE EUROPEAN PARLIAMENT haps more importantly, they represent tinue the formal commitment from us MEMBERS OF THE DELEGATION OF THE third-world conditions in the United at the Federal level. EUROPEAN PARLIAMENT States. I believe, and the Secretary of This does not involve any new or ad- Mr. Alan Donnelly, Chairman, Party of the HUD agrees, that we must make the ditional funds. European Socialists, United Kingdom. eradication of such conditions within It is merely a statement of urgent Ms. Karla Peijs, Vice Chairman, European the United States a national priority. priority that these funds be available People’s Party, Netherlands. It is my hope that my colleagues will for housing in the colonias upon appli- Mr. Javier Areitio Toledo, European Peo- accept this amendment, addressing the cation. ple’s Party, Spain. problems of the colonias has been a na- This money only comes from the bor- Ms. Mary Banotti, European People’s der States’ shares. It does not impinge Party, Ireland. tional priority, and I believe that it Mr. Laurens Jan Brinkhorst, European should remain one. on any other States or their resources. Liberal Democratic and Reformist Party, I yield the floor. Mr. President, I urge we reaffirm Netherlands. Mr. BOND addressed the Chair. that commitment to the people of the Mr. Bryan Cassidy, European People’s The PRESIDING OFFICER. The Sen- colonias that they are truly a part of Party, United Kingdom. ator from Missouri. American society and America’s prior- Mr. Jean-Pierre Cot, Party of European Mr. BOND. Mr. President, I know ities. Socialists, France. that this amendment is supported by I urge my colleagues to support the Mr. Gerfrid Gaigg, European People’s Senators on this side, the Senator from Bingaman-Hutchison amendment. Party, Austria. New Mexico and the junior Senator Ms. Ilona Graenitz, Party of European So- Mr. BOND. Mr. President, I suggest cialists, Austria. from Texas. We are making inquiry to we proceed to a vote. Ms. Inga-Britt Johansson, Party of Euro- determine whether they wish to speak The PRESIDING OFFICER. Is there pean Socialists, Sweden. on this amendment. further debate on the amendment? If Mr. Mark Killilea, Union for Europe Group, Mrs. HUTCHISON addressed the not, the question is on agreeing to the Ireland. Chair. amendment. Ms. Irini Lambraki, Party of European So- The PRESIDING OFFICER. The Sen- The amendment (No. 2791) was agreed cialists, Greece. ator from Texas is recognized. to. Mr. Franco Malerba, Union for Europe Mrs. HUTCHISON. Mr. President, I Mr. BOND. Mr. President, I move to Group, Italy. wish to add my statement in support of Ms. Bernie Malone, Party of European So- reconsider the vote by which the cialists, Ireland. Senator BINGAMAN’s amendment of amendment was agreed to. Mr. Gerhard Schmid, Party of European which I am a cosponsor. I do appreciate Mr. BINGAMAN. I move to lay that Socialists, Germany. this 10 percent set-aside for the motion on the table. Mr. Josep Verde I Aldea, Party of Euro- colonias. Colonias are places that we The motion to lay on the table was pean Socialists, Spain. did not know existed in America. You agreed to. To be determined, European People’s would not believe it. I have walked in Mr. DOLE addressed the Chair. Party. a colonia. They are places that people The PRESIDING OFFICER. The ma- SECRETARIAT, INTERPARLIAMENTARY live that do not have good water, and jority leader. DELEGATIONS they do not have sanitary systems or f Dr. Manfred Michel, Director-General for sewage treatment. They are terrible. External Relations. VISIT TO THE SENATE BY MEM- What we are we doing with this EUROPEAN COMMISSION DELEGATION BERS OF THE EUROPEAN PAR- amendment is to say that it is a pri- Mr. Jim Currie, Charge d’Affaires, Euro- ority for our country to clear those LIAMENT pean Commission. places up so that every American has Mr. DOLE. Mr. President, I am hon- Mr. Bob Whiteman, Head of Congressional the ability to live in sanitary, basically ored to have the opportunity to wel- Affairs, EC Delegation. clean conditions. I support the amend- come, on behalf of the entire Senate, a f ment. I appreciate Senator BOND tak- distinguished delegation from the Eu- ing this amendment for us to make ropean Parliament here for the 43d Eu- RECESS sure that we serve the people in need. ropean Parliament and U.S. Congress Mr. DOLE. Mr. President, I ask unan- The issue of designating a portion of interparliamentary meeting. imous consent that the Senate stand in border States’ CDBG money for hous- Led by Mr. Alan Donnelly from the recess so that we may personally greet ing is one of giving proper recognition United Kingdom and Ms. Karla Peijs of Members of the European Parliament. and emphasis to the development needs the Netherlands, the 18-member delega- There being no objection, the Senate, of severely distressed, rural and mostly tion is here to meet with Members of at 1:40 p.m., recessed until 1:44 p.m.; unincorporated settlements located Congress and other American officials whereupon, the Senate reassembled along the United States-Mexico border. to discuss matters of mutual concern. when called to order by the Presiding No doubt about it, the European Par- Colonias are located within 150 miles of Officer (Mr. SANTORUM). the Mexican border, in the States of liament plays a pivotal role in shaping Arizona, California, New Mexico, and the new Europe of the 21st century. f Texas. There are many challenges ahead—as- Texas has the longest border with sisting the new democracies as they DEPARTMENTS OF VETERANS AF- Mexico of any state. build free-market economies and defin- FAIRS AND HOUSING AND URBAN In 1993, Texas reported the existence ing relations with Russia, among them. DEVELOPMENT, AND INDE- of 1,193 colonias with an estimated pop- Continued contact and good relations PENDENT AGENCIES APPROPRIA- ulation of 279,963 people. In 1994, New between the European Parliament and TIONS ACT, 1996 Mexico reported 34 colonias, with a the U.S. Congress are essential in de- The Senate continued with the con- population of 28,000 residents. veloping better economic ties with Eu- sideration of the bill. Senator BINGAMAN and I believe it rope and in reinforcing our common Mr. CHAFEE. Mr. President, I ask important to formally recognize the goals. unanimous consent that the pending scale of this challenge. I ask my colleagues to join me in committee amendments be set aside. For fiscal year 1995, VA, HUD appro- welcoming our distinguished guests The PRESIDING OFFICER. Without priations report language specified 10 from the European Parliament. objection, it is so ordered.

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14367 AMENDMENT NO. 2792 What is the consequence if we fail to I think this is a win-win proposition (Purpose: To make funds available to sup- encourage the private sector to take on for everybody. We are delighted to ac- port continuation of the Superfund brownfields sites? Often, the sites re- cept the amendment on this side. Brownfields Redevelopment Initiative) main abandoned or orphan—as many Ms. MIKULSKI. I wish to congratu- Mr. CHAFEE. Mr. President, I send are—they may migrate onto the NPL late the Senator from Rhode Island an amendment to the desk and ask for or State lists for publicly funded clean- who came forth with this amendment. its immediate consideration. up. The Superfund bill Senator SMITH The PRESIDING OFFICER. The Not only do we not object to the is working to bring forward in the next amendment, we enthusiastically sup- clerk will report. few weeks will contain provisions to The assistant legislative clerk read port it. make brownfields redevelopment easi- as follows: Mr. CHAFEE. Mr. President, I want- er. The Senator from Rhode Island [Mr. ed to thank the distinguished Senator This is a good way to spend some of CHAFEE] for himself and Mr. LIEBERMAN, pro- from Maryland and also the manager of poses an amendment numbered 2792. the limited Superfund dollars available the bill, Senator BOND, a member of Mr. CHAFEE. Mr. President, I ask this year. We get real risk reduction by the Environment and Public Works unanimous consent that reading of the examining and evaluating these sites. Committee. Both have been very help- amendment be dispensed with. We are learning valuable lessons at ful to us as we worked our way through The PRESIDING OFFICER. Without each of the pilots on how to create pub- this amendment. I particularly am objection, it is so ordered. lic and private partnerships between grateful to all staff who has also been The amendment is as follows: the Federal Government, State and very cooperative. local government, and the private sec- On page 142, line 20, after the period, insert The PRESIDING OFFICER. The tor to get abandoned urban eyesores the following: ‘‘Provided further, That the Ad- question is on agreeing to the amend- ministrator shall continue funding the back on the tax roles, producing jobs in ment. Brownfields Economic Redevelopment Initia- cities like Providence. I urge my col- tive from available funds at a level necessary leagues to support this amendment to The amendment (No. 2792) was agreed to complete the award of 50 cumulative preserve one of the best things EPA to. Brownfield Pilots planned for award by the has done on Superfund in the past sev- Mr. BOND. I move to reconsider the end of FY96 and carry out other elements of vote. the Brownfields Action Agenda in order to eral years. facilitate economic redevelopment at I commend Senator BOND, a member Mr. CHAFEE. I move to lay that mo- Brownfields sites.’’ of the Environment and Public Works tion on the table. Mr. CHAFEE. Mr. President, today I Committee as well as chairman of the The motion to lay on the table was offer this amendment on behalf of my- Committee on Small Business and the agreed to. self and Senator LIEBERMAN to preserve Appropriations Subcommittee with ju- AMENDMENT NO. 2793 a very small but important part of the risdiction over Superfund, for his inter- est in Superfund and his commitment (Purpose: To provide funding for the Service Superfund Program, EPA’s brownfields Members Occupational Conversion and economic redevelopment initiative. We to helping us move forward with Super- Training Program) all know what brownfields are—they fund reform this year. are the abandoned plant that might be Mr. President, I ask unanimous con- Mr. THURMOND. Mr. President, I contaminated, or might not be. No one sent that the junior Senator from send an amendment to the desk and ask for immediate consideration. knows exactly what the problems at Pennsylvania [Mr. SANTORUM] be added these sites are, so people are afraid to as a cosponsor. The PRESIDING OFFICER. The invest in them or redevelop them, peo- The PRESIDING OFFICER. Without pending amendment is set aside. ple are afraid of liability. So rather objection, it is so ordered. The clerk will report. using old industrial sites, new develop- Mr. BOND. Mr. President, I am de- The assistant legislative clerk read ment flees the city and tears up our lighted that the Senator from Rhode as follows: open space, greenfields. In the mean- Island has offered this amendment. I The Senator from South Carolina [Mr. time, these old sites remain a blight am very glad he called it to our atten- THURMOND] proposes an amendment num- and a big hole in local tax bases. tion. We have, in St. Louis, MO, a sig- bered 2793. EPA’s brownfields economic redevel- nificant impact from the brownfields Mr. THURMOND. Mr. President, I opment initiative—its brownfields pro- question. I think this is one of EPA’s gram—is a Superfund success story. ask unanimous consent reading of the better initiatives. It may make one amendment be dispensed with. The brownfields initiative is a cost-ef- suspicious to look at the breadth of fective means of ameliorating some of support of this. The PRESIDING OFFICER. Without these unintended consequences of But David Osborne, author of ‘‘Rein- objection, it is so ordered. Superfund, especially in economically venting Government,’’ said: The amendment is as follows: depressed urban areas. Real risk reduc- This is an important initiative. The bar- On page 3, line 19, strike ‘‘$1,345,300,000’’ tion is achieved when brownfields sites riers to cleaning up urban Superfund sites and insert ‘‘$1,352,180,000.’’ are cleaned up, and it is private invest- have stopped redevelopment in its tracks On page 3, strike line 24 and add ‘‘as ment money that does most of the time and time again. This initiative will amended; Provided further, That of the work. The small amount of money EPA begin to solve that problem. It will bring amounts appropriated for readjustment ben- allocates to brownfields is highly lever- businesses back to the city, create jobs and efits, $6,880,000 shall be available for funding aged. increase the urban tax base. the Service Members Occupational Conver- This effort includes 50 planned pilot Gregg Easterbrook, author of ‘‘A Mo- sion and Training program as authorized by projects across the Nation to dem- ment on the Earth,’’ said: sections 4481–4497 of Public Law 102–484, as amended.’’ onstrate that we can reuse existing EPA’s Brownfields initiative represents ec- ological realism at its finest, balancing the On page 10, line 18, strike ‘‘$88,000,000’’ and contaminated sites for economic devel- insert ‘‘$872,000,000.’’ opment instead of undeveloped clean needs of nature and commerce. This path- sites. Each of these pilot projects are breaking initiative shows that environ- Mr. THURMOND. Mr. President, this mental protection can undergo genuine regu- awarded up to $200,000 over 2 years. amendment will provide funding for latory reform, becoming simpler and more the Service Members Occupational These funds are used to help with the cost-effective, without sacrifice of its under- up-front investigations and evaluation lying mission. Conversion and Training Act, known as that must take place before deciding SMOCTA. SMOCTA is the common Philip Howard, author of ‘‘The Death name for it. on how best to clean a site. of Common Sense,’’ said: To date, EPA has awarded about 18 It will provide job training for unem- out of 50 planned grants. I think it’s vi- EPA’s Brownfields initiative represents an ployed veterans, veterans whose occu- important change in direction. It will help tally important that EPA’s brownfields the environment and the economy at the pational specialty in the military is effort continue as a high priority, and same time by dealing with the problem of not transferable to the civilian work the purpose of my amendment is to contaminated properties in a commonsense force, and for veterans rated 30 percent make sure that this happens. way. disabled or higher. The amendment

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14368 CONGRESSIONAL RECORD — SENATE September 27, 1995 provides funding to continue the pro- munity and the veterans community. I The amendment (No. 2794) was agreed gram for 1 year. It is paid for by trans- encourage my colleagues to join in sup- to. ferring less than 1 percent of VA’s gen- porting this amendment. Mr. BOND. I move to reconsider the eral operating expense account, $8 mil- Mr. President, as I understand it, vote. lion. In other words, the general oper- both sides have agreed to accept this Ms. MIKULSKI. I move to lay that ating expense fund contains $880 mil- amendment. motion on the table. lion; this amendment transfers only $8 The PRESIDING OFFICER. The The motion to lay on the table was million, less than 1 percent. question is on agreeing to the amend- agreed to. Mr. President, the SMOCTA program ment. AMENDMENT NO. 2795 was created by the fiscal year 1993 De- The amendment (No. 2793) was agreed (Purpose: To provide HUD with the authority fense Authorization Act as a pilot pro- to. to renew expiring section 8 project-based gram to provide training wage sub- Mr. THURMOND. I move to recon- contracts through a budget-based analysis. sidies to employers who hire recently sider the vote. This will provide HUD with the tools to separated unemployed service members Mr. BOND. I move to lay that motion begin to address the high-cost of section 8 for new careers in the private sector. on the table. project-based assistance while Congress be- The motion to lay on the table was gins to fully address options in lieu of the The 1993 Defense Appropriations Act agreed to. renewal of section 8 project-based assist- appropriated $75 million for SMOCTA. Mr. THURMOND. I wish to thank the ance. This amendment will help provide Those funds have been largely obli- manager of the bill on behalf of the HUD with tools to avoid foreclosure and gated, and any remaining balance will possible displacement of tenants) veterans of this country. not be available for obligation after Mr. BOND. Mr. President, I send an AMENDMENT NO. 2794 September 30, 1995. This amendment amendment to the desk, and I ask the (Purpose: To direct the Administrator of the will provide a minimum level of fund- Environmental Protection Agency not to pending amendment be set aside. ing to carry out the program through act under section 6 of the Toxic Substances The PRESIDING OFFICER. The its period of authorization, September Control Act to prohibit the manufacturing, clerk will report. The assistant legisla- 30, 1996. Mr. President, although there processing, or distributing of certain fish- tive clerk read as follows: were some initial bureaucratic delays ing sinkers or lures to giving notice to The Senator from Missouri [Mr. BOND] for in getting the program implemented, Congress) himself, Mr. D’AMATO, Mr. BENNETT, and Mr. the program has been very successful. Ms. MIKULSKI. Mr. President, I offer MACK, proposes an amendment numbered Over 8,300 employers have certified an amendment on behalf of Senator 2795. training programs, including national HARKIN. I send the amendment to the Mr. BOND. Mr. President, I ask unan- corporate chains. Those employers desk. imous consent reading of the amend- have filed nearly 15,000 notices of in- The PRESIDING OFFICER. The ment be dispensed with. tent to employ veterans. Over 50,000 pending amendment is set aside. The PRESIDING OFFICER. Without veterans have been certified for the The clerk will report. objection, it is so ordered. program. Approximately 10,700 vet- The assistant legislative clerk read The amendment is as follows: erans have been placed in job training, as follows: On page 105, beginning on line 10, strike for a period of 12–18 months, at an aver- The Senator from Maryland [Ms. MIKUL- ‘‘SEC. 214.’’ and all that follows through line SKI] for Mr. HARKIN, proposes an amendment 4 on page 107: age cost per veteran of approximately numbered 2794. $4,000. ‘‘SEC. 214. SECTION 8 CONTRACT RENEWAL. The Departments of Defense, Labor, Ms. MIKULSKI. Mr. President, I ask ‘‘(a) IN GENERAL.—Notwithstanding any and Veterans Affairs have worked hard unanimous consent reading of the other provision of law, the Secretary shall to establish this program. It would be a amendment be dispensed with. renew upon expiration each contract for The PRESIDING OFFICER. Without project-based assistance under section 8 of mistake to let this program expire at objection, it is so ordered. the United States Housing Act of 1937 that this time. To not extend this program The amendment is as follows: expires during fiscal year 1996 in accordance would send a message to the veterans with this subsection. At the appropriate place, insert the fol- ‘‘(b) CONTRACT TERM.—Each contract de- of our Nation, caught in the military lowing: scribed in subsection (a) may be renewed for downsizing, that we do not care about SEC. . The Administrator of the Environ- their futures. It would tell employers mental Protection Agency shall not, under a term not to exceed 2 years. ‘‘(c) RENTS AND OTHER CONTRACT TERMS.— that the Federal Government cannot authority of section 6 of the Toxic Sub- Except as provided in subsections (d) and (e), stances Control Act (15 U.S.C. 2605), take be trusted in partnership agreements. I the Secretary shall offer to renew each con- final action on the proposed rule dated Feb- do not believe these are messages the tract described in subsection (a) (including ruary 28, 1994 (59 Fed. Reg. 11122 (March 9, U.S. Senate wishes to send. any contract relating to a multifamily 1994)) to prohibit or otherwise restrict the Mr. President, without this amend- project whose mortgage is insured or as- manufacturing, processing, distributing, or sisted under the new construction and sub- ment, SMOCTA funding will terminate use of any fishing sinkers or lures containing stantial rehabilitation program under sec- at the end of the current fiscal year. lead, zinc, or brass unless the Administrator tion 8 of the United States Housing Act of My amendment will cure the conflict finds that the risk to waterfowl cannot be 1937): between the authorization period and addressed through alternative means in ‘‘(1) at a rent equal to the budget-based which case, the rule making may proceed 180 availability of appropriations for this rent for the project; days after Congress is notified of the finding. program. ‘‘(2) at the current rent, where the current Mr. President, there has been some Ms. MIKULSKI. Mr. President, this rent does not exceed 120 percent of the fair debate over the proper funding source legislation deals with lead sinkers. It market rent for the jurisdiction in which the for this program. This results partly has been worked out on both sides. project is located; or because the original funding for this Senator HARKIN wished to have this ‘‘(3) at the current rent, pending the imple- program was from Defense appropria- amendment adopted. It has been mentation of guidelines for budget-based tions. However, let me emphasize that cleared, I believe, by both sides, and I rents. ‘‘(d) LOAN MANAGEMENT SET-ASIDE CON- this is not a program directly related move its adoption. TRACTS.—The Secretary shall offer to renew to our funding military readiness or Mr. BOND. Mr. President, since my each loan management set-aside contract at modernization. It is a program for vet- State of Missouri is not only a leading a rent equal to the budget-based rent for the erans. The authorization recognized manufacturer of fishing lures and unit, as determined by the Secretary, for a this program would require a partner- therefore very much interested in it— period not to exceed 1 year. ship between the Defense Department, Missouri happens to host a large num- ‘‘(e) TENANT-BASED ASSISTANCE OPTION.— the Department of Labor, and the De- ber of people who enjoy fishing—it is Notwithstanding any other provision of law, partment of Veterans Affairs. Passing therefore with great pleasure on behalf the Secretary may, with the consent of the owner of a project that is subject to a con- funding responsibility from one agency of this side that we are willing to ac- tract described in subsection (a) and with no- to another will not aid our veterans cept the HARKIN amendment. tice to and in consultation with the tenants, who rely on readjustment benefits. The PRESIDING OFFICER. The agree to provide tenant-based rental assist- Mr. President, the SMOCTA program question is on agreeing to the amend- ance under section 8(b) or 8(o) in lieu of re- has strong support in the business com- ment. newing a contract to provide project-based

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14369 rental assistance under subsection (a). Sub- This amendment tells the Secretary towns is so unfair is the history of how ject to advance appropriations, the Sec- to use a budget-based analysis to take many of these projects were developed retary may offer an owner incentives to con- a look at the costs of operating the De- up to 20 years ago. The rent limitations vert to tenant-based rental assistance. ‘‘(f) DEMONSTRATION PROGRAM.—If a con- partment and the debt service, to that were used at the time were about tract described in subsection (a) is eligible renew the contracts for a year on a the same for metropolitan and non- for the demonstration program under section basis which is fair both to the owner of metropolitan areas. Now, at contract 213, the Secretary may make the contract the property and to the Federal Gov- renewal time, the projects in smaller subject to the requirements of section 213. ernment so that we may continue to towns outside metropolitan areas are ‘‘(g) DEFINITIONS.— work on the problem of resolving the subject to far different rent standards ‘‘(1) BUDGET-BASED RENT.—For purposes of this section, the term ‘‘budget-based rent’’, question about the expenditure on than urban areas face. There are some with respect to a multifamily housing project-based certificates which are far projects that face rent levels that will project, means the rent that is established above market rate. actually be lower than the rents ap- by the Secretary, based on the actual and This is a fix that I think is accept- proved 20 years ago when the projects projected costs of opening the project, at a able on both sides. I hope my col- were built. These very low rent levels level that will provide income sufficient, leagues will accept it. create a situation where projects will with respect to the project, to support— Ms. MIKULSKI. Mr. President, I wish not be able to be maintained. Projects ‘‘(A) the debt service of the project. to rise in support of the amendment of- ‘‘(B) the operating expenses of the project, may be forced into foreclosure or con- including— fered by the Senator from Missouri. I version to regular rental housing. Cur- (i) contributions to actual reserves; absolutely concur with his remarks. rent renters in my State, mostly the (ii) the costs of maintenance and necessary In our hearings in the subcommittee, elderly and disabled, will face deterio- rehabilitation, as determined by the Sec- we found that the issues related to rating buildings or eviction. They may retary; market rate are quite severe. They get new section 8 certificates. But, the (iii) other costs permitted under section 8 need to be addressed. They need to be of the United States Housing Act of 1937, as availability of affordable housing in determined by the Secretary. addressed with some promptness and homes near elderly resident’s families ‘‘(C) an adequate allowance for potential urgency. Otherwise, we could be facing will not, in a large number of cases, be and reasonable operating losses due to va- the debacle not unlike some of the available. I ask that this problem be cancies and failure to collect rents, as deter- issues we faced in the S&L crisis. examined in conference and relief fash- mined by the Secretary. Senator BOND of Missouri is really an ioned to treat projects in small towns ‘‘(D) an allowance for a rate of return on expert on this issue. I believe we should equity to the owner not to exceed 6 percent. outside metropolitan areas in a fair ‘‘(E) other expenses, as determined to be follow his lead on this amendment. I and even handed manner. necessary by the Secretary. support it. I am willing to accept it. Mr. BOND. Mr. President, I appre- ‘‘(2) BASIC RENTAL CHARGE FOR SECTION 236. Mr. KERREY. Mr. President, I would ciate the Senator’s comments. I cer- ‘‘A basic rental charge’’ determined or ap- like to ask the distinguished chairman tainly understand the severity of this proved by the Secretary for a project receiv- for assistance in dealing with an issue problem. Missouri, as well as Nebraska, ing interest reduction payments under sec- that is very important to myself, Sen- tion 236 of the National Housing Act shall be South Dakota, and Iowa is home to a ator EXON and the people of the rural largely rural population. I, too, am deemed a ‘‘budget-based rent’’ within the areas of Nebraska. As you are aware, meaning of this section.’’. concerned for the future of this pro- ‘‘(3) SECRETARY.—The term ‘‘Secretary’’ there is currently a large differential gram. I will work with Senator MIKUL- refers to the Secretary of Housing and Urban in rents between rural and urban areas SKI and members of the conference to Development.’’. in our country. I am concerned that address this issue. We include in this Mr. BOND. Mr. President, I offer this too large a variance would have a sig- bill provisions which will make avail- amendment on behalf of myself, Mr. nificant adverse effect on low income able budget-based rent renewal levels D’AMATO, Mr. BENNETT, and Mr. MACK. elderly populations. We must enable for project-based contracts which will This is designed to provide HUD with developers to continue to provide our remove the artificial impediment of authority to renew expiring section 8 rural areas with this valuable service. the current ‘‘fair market’’ calculation. project-based contracts through a This is a problem not just in Nebraska I hope this will help address this seri- budget-based analysis. but also in neighboring States that ous concern. Now, what that means is that we are have large rural populations. I under- The PRESIDING OFFICER. The working with HUD, with OMB and the stand the need for the budgetary con- question is on agreeing to the amend- Congressional Budget Office to resolve straints that have been placed upon ment. a very difficult problem where project- your committee. However, unrealisti- The amendment (No. 2795) was agreed based certificates have been issued in cally low fair market rents will have a to. the past. The cost is above market devastating impact on the numerous Mr. BOND. I move to reconsider the rate. These are expensive projects. rural beneficiaries of assisted housing. vote. HUD knows, we know, the budget of- As the fair market rent levels decline, Ms. MIKULSKI. I move to lay that fices know, we have to resolve this the negative effects of excessive rent motion on the table. problem. Since we were unable to get differentials between urban and nearby The motion to lay on the table was an agreement on a measure to fix the rural areas become more significant. I agreed to. problem this year and stay within our respectfully ask the chairman to do Mr. BOND. I suggest the absence of a budget allocations, there was a pros- what he can to rectify this unfortunate quorum. pect that in some areas where there situation in the conference. Mr. BOND. Mr. President, I ask unan- was very little available housing, peo- Mr. DASCHLE. Mr. President, I share imous consent that the order for the ple who live in project-based section 8 the concerns expressed by Senator quorum call be rescinded. housing could be displaced. KERREY. Obviously there will be some The PRESIDENT pro tempore. With- This problem was particularly acute real variances between smaller, rural out objection, it is so ordered. in Salt Lake City, UT. Senator BEN- communities and our larger, metro- MACT NETT brought that to our attention. We politan areas. Nonetheless, we need to Mr. COCHRAN. Mr. President, I rise found that there are many other areas continue to provide a realistic incen- for the purpose of engaging in a short around the country where it is possible tive for developers to build projects in colloquy with the distinguished Sen- that the developments could be con- areas that are experiencing a shortage ator from Missouri, the chairman of verted to private use, people displaced. of affordable housing. I would also urge the VA/HUD Appropriations Sub- Even though we would make available the committee to review the current committee. Will the Senator assist me section 8 certificates for those people mechanism. in clarifying an issue in the bill under displaced, as a simple matter of fact, Mr. HARKIN. Mr. President, I appre- consideration today? there may not have been enough hous- ciate the leadership that Senator Mr. BOND. I would be pleased to as- ing to take care of them. This is par- KERREY has taken on this issue. One of sist my colleague, the senior Senator ticularly true for the elderly and dis- the reasons that the current situation from Mississippi and senior member of abled. regarding fair market rents in small the Appropriations Committee.

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14370 CONGRESSIONAL RECORD — SENATE September 27, 1995 Mr. COCHRAN. I thank the Senator encourage EPA to reevaluate this rule health care for the next century that from Missouri. The issue I wish to clar- because it is not based on sound squares with facility investment deci- ify is the Appropriations Committee’s science. sions. The VA’s fiscal year 1996 request intent regarding the Environmental In 1980, industry did not have the ex- continues to emphasize costly and inef- Protection Agency’s refinery max- tensive controls and technologies that ficient health care delivery systems imum achievable control technology are now in use. In fact, in 1980, the re- that are out of step with the overall [MACT] rule. This rulemaking is of quirements from the 1977 Clean Air Act national trends in health care. Given deep concern to me, as I am sure it is Amendments had not yet kicked in. the fact that private-sector health care to the Senator from Missouri. Obviously, in the last 15 years, refin- providers have moved in the direction In promulgating the refinery MACT eries have made significant improve- of outpatient care, coupled with plum- rule, EPA has ignored the principles of ments in reducing emissions. EPA has meting Federal budgets and the demo- sound science, used outdated data to simply ignored all of these improve- graphic trends related to veterans, it establish emissions controls, developed ments and based a rule on 15-year-old would not be prudent to build addi- extremely questionable estimates of data in order to inflate its benefits. tional hospitals. Similarly, other in- the benefits to be gained from these This rule will cost refineries and fuel vestment decisions such as building emissions controls, and failed to take consumers in this country at least $100 new ambulatory and long-term care fa- into account the impact of these regu- million each year. This puts refineries cilities cannot be made rationally lations on the smaller refiners around in Montana and throughout the Nation without an overall plan that reconciles the nation, including those in my home at economic risk. And what about the facilities to health care goals and pop- State of Mississippi. jobs these refineries provide the local ulations. I am also concerned about the Does the Senator from Missouri communities? Well, they are at risk, budgetary requirements of building share my concerns? too. Almost $20 million of this will be new facilities. Not only is construction Mr. BOND. Yes, sir, I do. In fact, the spent to meet the paperwork and moni- costly but operating costs will put ad- concerns of the Senator from Mis- toring requirements of the rule which ditional pressures on a declining budg- sissippi reflect the concerns of the Ap- do nothing to improve public health or et. propriations Committee. In the com- the environmental protection. Mr. MACK. Mr. President, east cen- mittee’s report on this bill, we ex- Mr. President, I would like to make tral Florida is a critically underserved pressed our disapproval with the way one final point. All of the information area with a growing population of re- in which EPA promulgated the refinery is based on EPA’s own data and anal- tired, limited-income veterans. Florida MACT rule. To quote from the com- ysis. None of this information is based has the highest percentage of veterans mittee report: ‘‘The committee strong- on any kind of industry study. This in- 65 years and older in the Nation. They ly encourages EPA to reevaluate the formation can be found in the final rule currently represent 30 percent of the refinery MACT and other MACT stand- published in the Federal Register on State’s veterans population and, con- ards which are not based on sound August 18, 1995. Refiners in Montana trary to GAO’s recent report, the num- science’’. have simply asked that this rule be bers are increasing daily. Certainly, Mr. COCHRAN. I thank the Chair- based on sound science, including accu- Florida veterans, Senator GRAHAM, and man. One further point. Would the rate and current data. They have not I acknowledge the budget constraints Chairman agree that there is signifi- asked for any rollback of environ- before this Congress and the need for a cant sentiment on the Appropriations mental regulations. Since the data are balanced budget. For this reason, we Committee and in the Senate to talk the basis for the entire rulemaking, it have modified our present request to further, and perhaps take stronger, ac- seems to me that EPA must go back to reflect fiscal reality while still meeting tion on this issue next year if EPA does the beginning and redo the rule from long identified medical service needs. not engage in a serious reevaluation of scratch. Recognizing that neither the House nor I look forward to working with the the refinery MACT rule during fiscal the Senate intend to fund the original chairman in conference regarding the year 1996? plan for a comprehensive medical facil- Mr. BOND. That is indeed the senti- refinery MACT rule; and I thank him. ity at this time, we are requesting that ment of many members of the com- Mr. BOND. The Senator from Mon- the VA be able to use the previously mittee. I have heard from many of my tana has valid concerns. Other mem- appropriated fiscal year 1995 funds for colleagues, both on the Appropriations bers of the subcommittee have also the design and construction of an out- Committee and the authorizing com- questioned the basis for this rule. I will patient medical facility and long-term mittee—the Environment and Public work with him and other members in nursing care facility which will provide Works Committee—on the refinery the conference committee regarding immediate relief to Florida veterans. MACT issue. The Senator and his col- the regulation. This rule will serve as leagues can be assured that if EPA does an important precedent for subsequent Mr. GRAHAM. Mr. President, I stand not heed the directive contained in the MACT regulations for other industries. along side my colleague, Mr. MACK, in Committee report on this bill, the lead- Mr. BURNS. I appreciate the chair- calling this Congress to take action in ership of the committee will be pre- man’s comments and support. providing long promised and much pared to take additional action in the BREVARD AND LEAVENWORTH VA FACILITIES needed medical services to Florida vet- future. Mr. MACK. Mr. President, it strikes erans. While Congress squabbled over Mr. COCHRAN. I thank the Chair- me that the VA has not given a great the location of the facility, our vet- man. I appreciate this willingness to deal of thought to defining its mission erans continued to wait. Finally, with address the refinery MACT issue in the for the next century. In its fiscal year the issue of location resolved, the committee report. 1996 budget submission, the VA re- President’s fiscal year 1996 budget re- Mr. BURNS. Mr. President, I rise quested funding for two new hospitals. quest included this facility, and vet- today to engage in a colloquy with However, it is clear that our veterans erans thought they saw the light at the chairman of the VA, HUD, and Inde- would be better served if the VA, like end of the tunnel. We were extremely pendent Agencies Appropriations Sub- the rest of the Nation’s health care disappointed to say the least when that committee. I want to discuss the need providers, began focusing on outpatient request was ignored by the House VA/ for regulatory reform at the Environ- and ambulatory care. I note with inter- HUD Subcommittee. mental Protection Agency. est that the committee has not funded Mr. MACK. Mr. President, rather As the chairman knows, I have been the VA’s hospital construction request. than a new hospital, I propose a nurs- extremely concerned with the petro- I believe that is a result of the commit- ing home facility and an outpatient leum refinery MACT regulation. MACT tee’s concern about VA’s lack of stra- clinic which will help complete the is the acronym for the term maximum tegic planning as well as budgetary southeast regional and statewide net- achievable control technology. I would concerns. work of veteran health care providers like to thank him for adding report Mr. BOND. Mr. President, my col- while addressing the need to provide language which reflects the commit- league is correct. Today, the VA is un- long-term care service to veterans in tee’s concerns with this rule. I strongly able to provide a strategic vision of VA east central Florida.

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14371 Mr. GRAHAM. Mr. President, I con- committee for continued funding of the the significance of continued funding cur with my colleague from Florida re- Agency for Toxic Substances and Dis- for the research on chemically con- garding downgrading the request for ease Registry study on minority taminated fish. I will give close consid- funding a comprehensive hospital to an health. I believe this is important eration in Conference to securing ade- outpatient clinic and long-term nurs- work. I would also like to speak to a quate funding for the ATSDR study on ing care facility. This proposal is to complementary research effort that the human health effects of contami- construct a nursing home care facility will help to protect minority popu- nated fish consumption. and outpatient clinic on the site con- lations, women, infants, and other pop- SAVANNAH SEWERS tributed for the East Central Florida ulations from the adverse health ef- Mr. COVERDELL. Mr. President, I Medical Center to provide specialized fects of consuming chemically con- would like to bring to the Chairman’s care which is not currently available. taminated fish. In particular, this attention a critically needed project in A 120-bed nursing home care unit will study identifies specific populations re- Savannah, GA. Savannah, has been have, in addition to regular nursing siding in the Great Lakes basin that plagued with repetitive and dev- home care, the capacity to provide may be at higher risk of exposure to astating flooding over the last 15 years. psychogeriatric care—including that chemical contaminants present in one The population affected is primarily for Alzheimer’s patients—and venti- or more of the Great Lakes. To date, low-income, distressed, and minority. lator-dependent care. The ambulatory ATSDR has learned about the trends in These families have repeatedly been care clinic will be available to serve all Great Lakes fish consumption. For ex- forced to leave their homes and busi- veterans in the area. Approximately ample, fish is an essential component nesses with great economic con- 30,000 patient visits per year will be ac- of diets of minority populations such sequences. commodated. The total cost would be as Native Americans and sport-anglers. The Federal, State and local govern- $35 million. We have existing funds of The preliminary findings from this ments have had to, on several occa- $17.2 million which was appropriated in ATSDR study are helping to clarify the sions, commit significant resources to fiscal year 1995 for the design and plan- actual impacts of chemical exposure address the emergency needs of these ning of the VA medical facility. We through fish consumption to these spe- areas. Consequently, the city of Savan- would like to use those funds toward cific populations. In some cases, cer- nah, in collaboration with the private the design and construction of the al- tain effects are not as prominent as and nonprofit sectors, has created a ternative proposal. In the near future, feared, but the study corroborates that highly innovative plan to provide per- we would request that Congress provide there are human health effects and manent solutions to the core flood the balance of $17.8 million to complete helps to pinpoint the trends. areas that will significantly reduce the project. This proposal is more than However, continued research is need- long-term Government expenditures. The overall plan involves over $100 a Band-aid to the problem and is surely ed to identify other susceptible popu- million in carefully constructed engi- a more reasonable request for our vet- lations, exposure pathways and cor- neering solutions. The city has already erans to make of this Congress. relation of exposure levels to health ef- committed and raised $32 million of Mr. DOLE. Mr. President, I agree fects. Most importantly, we need to this total. They have also devised a se- that outpatient, ambulatory care mobilize a public education effort to ries of retention structures, canal wid- should be the focus of future construc- help members of at-risk populations ening and station collector system im- tion by the VA. In my home State of and the medical community learn provements that will save the Federal Kansas, I have been working closely about the adverse human health effects Government money over the long-term with the staff of the Dwight D. Eisen- of contaminated fish consumption and and represent a true abatement com- hower VAMC in Leavenworth to im- identify ways to minimize these harm- mitment. prove outpatient care for our veterans ful effects. Without continued funding Mr. President, I seek the Chairman’s with the addition of a new ambulatory the money and time invested in this re- support for Federal participation in care clinic. Currently, primary care search will be wasted and we will not this unique partnership, albeit on a treatment processes at the Leaven- have critical information to prevent limited basis. If the conference com- worth VAMC are unnecessarily frag- risks to human health from contami- mittee should decide to provide fund- mented and severely deficient in the nated fish consumption. ing for EPA sewer treatment grants, I space required for their functions. This Mr. KOHL. The Senate has proposed would appreciate his careful consider- clinic is a must if the Leavenworth a $14 million cut from fiscal year 1995 ation of the Savannah project. The VAMC is to retain its College of Amer- for the Agency for Toxic Substances City of Savannah requests $900,000 for ican Pathologists accreditation. and Disease Registry and the House critical engineering studies for pump- Last year, the Congress provided proposed a $7 million cut from fiscal ing, engineering, and canal widening funds to begin planning and design of year 1995. The House report on H.R. work in these flood-prone areas and $10 this facility. It is my expectation that 2099 specifically calls for continued million for crucial collector system im- the VA will include this project in next ATSDR funding for this study on con- provements at the primary pumping year’s budget. However, if they do not, sumption of contaminated fish and the station. it is my understanding that the com- harmful human health effects. Con- I would remind the Chairman that mittee will give this project every con- tinuing this incomplete study will the city has already raised $32 million sideration. I would ask my friend, the allow us to develop strategies of pre- toward the overall cost and plan com- Chairman, is that correct? vent harmful human health effects ponents. Therefore these EPA funds Mr. BOND. Mr. President, the major- from consumption of contaminated would be matched with proven commit- ity leader is correct. The committee is fish. Understanding the consumption ments. well aware of the need for the Brevard trends of Great Lakes fish is only help- Mr. BOND. I thank the Senator for County and Leavenworth facilities. We ful if we can draw conclusions from his comments and request. I am aware understand that the Department of that information and then develop of the serious flooding and wastewater/ Veterans Affairs will be in a position to strategies to prevent harmful human sewer problems confronted by the city begin construction of the Brevard facil- health effects from this significant ex- of Savannah. Like the Senator from ity during fiscal year 1996 and the posure pathway. Will the Chairman of Georgia, I have firsthand knowledge of Leavenworth facility in fiscal year the Appropriations Subcommittee on the devastation that such repetitive 1997. Like my colleagues, I expect the VA, HUD, and Independent Agencies be flooding can have on families, homes Department to consider including these willing to work with our colleagues in and small businesses. I am impressed projects in its fiscal year 1997 budget the House to ensure adequate funding by the level of resources already com- submission. However, if they do not, we to complete this important, far-sighted mitted by the City of Savannah to re- will carefully consider both projects. research? solve this problem in a more efficient, TOXIC SUBSTANCES REGISTRY Mr. BOND. I appreciate the concerns cost-effective manner. The Senator Mr. GLENN. I would like to com- expressed by the Senators from Ohio from Georgia and the city of Savannah mend my colleague from Missouri and and Wisconsin about this ATSDR study are to be commended for his new pri- the Chairman of the VA-HUD Sub- and I have a better understanding of vate-public partnership concept.

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14372 CONGRESSIONAL RECORD — SENATE September 27, 1995 Accordingly, it would be my inten- Mr. LEVIN. I thank the Chairman for that without an explicit statement tion that this project receive priority assisting me in clarifying the commit- from Congress that TOP is to receive consideration in conference for funding tee’s intentions. I also want to ac- no funding, I fear that the Department through the fiscal year 1996 allocations knowledge and thank the distinguished may try to fund the program anyway, made under this bill for water infra- ranking member for her assistance in using unearmarked funds from the an- structure needs. funding CIESIN in past years. nual contributions for assisted housing CIESIN FUNDING TENANT OPPORTUNITY PROGRAM account or funds from the Supportive Mr. LEVIN. I would like to engage Mr. BIDEN. Mr. President, I am won- Services Program under the Commu- the distinguished manager of the bill in dering if the Chairman of the Sub- nity Development Grants. a brief colloquy regarding concerns committee will engage in a colloquy In other words, I am concerned about that have already been raised by the with me regarding the Tenant Oppor- the Department playing shell games, junior Senator from Michigan. This tunity Program. and I want to be absolutely clear for matter regards the fiscal 1996 funding Mr. BOND. I would be pleased to the record. Is it the Committee’s intent situation of the Consortium for Inter- yield to my colleague from Delaware. that no money whatsoever is to be national Earth Science Information Mr. BIDEN. I thank my friend. Mr. spent on the Tenant Opportunity Pro- Network [CIESIN]. President, the Tenant Opportunity gram? I am grateful that the Chairman has Program—known as TOP—was created Mr. BOND. Mr. President, yes, the provided some assurances that CIESIN by the Department of Housing and Senator from Delaware is correct. This will not be prohibited from competi- Urban Development to provide tech- bill provides no money for the Tenant tively bidding on NASA contracts in nical assistance and training for public Opportunity Program—and the Depart- the future, despite the Committee’s housing residents to organize their ment is not to use any funds to con- concurrence with the ‘‘House rec- communities. Its goal is tenant em- tinue the program. ommendation’’ regarding specific fund- powerment. That may be a noble goal. What we are trying to do in this bill ing for CIESIN. I would appreciate the But, TOP is not, in my view, the best is to make better use of limited HUD Chairman’s assistance in clarifying way to achieve it. dollars—and to make sure that those this statement just a little further. It The program is poorly designed, dollars benefit the residents of public is my understanding that the House re- loosely structured, and ripe for abuse. housing. I agree with the Senator that TOP appears to have a lot of problems port language, while not funding Just how ripe was evident earlier this in the way it is administered, and it is CIESIN specifically, does not in any year in the city of Wilmington, DE. Six clearly not providing the benefits to way limit the opportunity for CIESIN Wilmington public housing projects were each awarded $100,000 TOP grants, residents that it should. and NASA to continue to operate under I should note, however, that within and a consultant—a consultant—tried the terms of the existing contract, in- the broad parameters of the new sup- to claim $60,000 of each grant. Incred- cluding option years. portive services block grant under the Mr. BOND. The Senator from Michi- ible as it may sound, my colleagues community development block grant gan is correct. While we do not identify heard me correctly: 60 percent of each appropriations, localities are encour- specific 1996 funds for CIESIN within TOP grant in Wilmington, DE was aged to provide services and technical this bill, nothing interferes with the going to be paid to a consultant. That’s assistance to public and assisted hous- rights and options that either party a total consultant fee of $360,000 from ing residents to encourage and promote has under the existing contract. just six grants. employment. To this end, activities Mr. LEVIN. I thank the Senator from Mr. President, this may sound like with goals similar to the TOP program Missouri for that clarification and ap- one bad apple. And, the Department is are permitted, but I would certainly preciate his willingness to address our to be commended for investigating this concur that the excessive consultant concerns. If the manager of the bill will case, discovering that the application payments would constitute an abuse yield further, the committee’s report procedures were violated by the con- which we will not tolerate. suggests that NASA should seek great- sultant, and canceling these particular Mr. BIDEN. I thank the Senator, and er commercial, international, and Gov- six grants. But, the more I look into I yield the floor. ernment participation in the EOSDIS the whole program, the more I am con- Mrs. FEINSTEIN. I rise to enter into program, with the goal of reducing vinced that the problem here is with a colloquy with my colleagues Sen- costs. And, the Committee has high- the program itself. ators BOND and MIKULSKI regarding lighted the Goddard Space Flight Cen- For example, the most disorganized NASA’s plans to consolidate all re- ter in Maryland and the Earth Re- public housing projects in Wil- search and science-based aircraft at sources Observation System Data Cen- mington—the ones that need this pro- Dryden Flight Research Center. ter in Sioux Falls, SD, as core elements gram the most—were unable to get a Mr. BOND. I am interested to discuss of a revamped EOSDIS. TOP grant because they were not orga- this important matter with the Sen- Given that CIESIN has already devel- nized enough. That is a classic Catch-22 ator. oped international partners, is broadly situation. Another example: no where Ms. MIKULSKI. I am also pleased to supported by university researchers, does the program require that the re- have this opportunity to discuss NASA and has won recognition for its innova- cipients of the grants specify exactly consolidation, an issue about which I tive software, including this year’s how the taxpayers’ money will be used. have been deeply concerned. Smithsonian award for innovative soft- And, the major beneficiary of this pro- Mrs. FEINSTEIN. As my colleagues ware development, would the Chairman gram seems to be consultants, not pub- know, NASA has offered a plan to con- concur that CIESIN should be afforded lic housing residents. solidate all flight research and science appropriate recognition by NASA in Now, I would like to ask the chair- platform aircraft at NASA’s Dryden the agency’s development of its fiscal man of the Subcommittee about the Flight Research Center in California. 1997 appropriation request, especially Committee’s intention regarding fund- While I agree with the goals of NASA since the committee’s report already ing for TOP. The House, in its version consolidation to save taxpayers money, urges NASA to integrate CIESIN ac- of the VA–HUD Appropriations bill, I have strong concerns that this air- tivities within its EOS plan for fiscal provided $15 million for the program. craft consolidation plan could cost year 1996? As I read the Senate version of the bill, more than it would save. The current Mr. BOND. That matter will, of no funding is provided for TOP. I want aircraft consolidation plan drafted by course, be up to NASA and the admin- to ask the chairman if my under- NASA considers the costs of moving istration. But, given that CIESIN is al- standing is correct—that it is the com- the aircraft to Dryden Flight Research ready meeting standards that this com- mittee’s intent to kill this program. Center, but does not include the costs mittee has set out for other compo- And, before he answers, let me just to operate these aircraft from their nents of EODIS, we would expect that say that I ask this question because consolidated location. CIESIN would be given full and fair the Department created TOP in the Ms. MIKULSKI. I ask Senator Fein- consideration in the development of first place without an explicit author- stein if any other sites have been eval- NASA’s fiscal 1997 budget request. ization from Congress. My concern is uated for this aircraft consolidation?

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14373 Mrs. FEINSTEIN. I do not believe so. One recommendation of the zero-base how and at what level this program The only consolidation plans I have review has been brought to my atten- will be funded and which active re- seen move aircraft to Dryden. While, I tion, and that of my colleagues, in par- search programs will be affected by certainly do not oppose Dryden as the ticular the distinguished Senator from this redirection of funds. consolidated site, I think that steps California, Senator FEINSTEIN. This Mr. President, I recognize the need to should be taken to ensure that this proposal regards consolidating flight provide the Agency with adequate consolidation will truly save the tax- operations management of all aircraft, flexibility to direct scarce research payers money. except those in support of the space dollars to those problems posing the Mr. BOND. Would the Senator from shuttle, at Dryden Flight Research greatest risk to public health and the California be amenable to requesting Center. The review concluded that environment. This program, however, that NASA submit their cost justifica- after an initial investment of $23 mil- it not aimed at responding to environ- tions for this consolidation to the sub- lion, about $9 million could be saved mental problems. The STAR Program committee before they proceed with annually if this recommendation is im- is aimed at making grants to univer- consolidation? plemented. sities to do basic science research at Mrs. FEINSTEIN. Yes, that would be Currently NASA owns 65 research an excellent course of action. Perhaps the expense of ongoing EPA-sponsored aircraft that support a wide range of research. NASA’s justifications should include NASA programs. Eighteen of these air- I am convinced that the result of im- the costs of and cost savings resulting craft are scheduled to be retired by the plementing STAR will be that ongoing from this consolidation and the oper- end of fiscal year 1996 as a result of the research for the Agency’s regulatory ation of this aircraft from their con- programs they support being com- programs will suffer, private sector solidated location for the next 5 years. pleted. The proposed consolidation contracts will be interrupted, and re- Ms. MIKULSKI. Perhaps we should would result in an additional 11 air- search currently conducted by the aca- also request NASA provide the sub- craft being retired, leaving just 36 air- demic community will be terminated. committee with a cost-based justifica- craft in NASA’s inventory. The pro- tion of the movement of these aircraft posal would also result in a reduction It is my understanding that EPA before NASA takes action. of 80 contractor and Federal FTE’s, originally proposed to fund the STAR Mr. BOND. I think both of those sug- Program at approximately $100 million. gestions are acceptable and would be from 400 to 320. Mr. President. It seems to me that As the committee does not provide any happy to work with Senators MIKULSKI the first ‘‘A’’ in ‘‘NASA’’ is at risk. As additional funds to finance this pro- and FEINSTEIN to develop this language a result of budget cuts, it appears that gram, the committee gives EPA the in the report of the conference with the we are nearly halving a vital compo- flexibility to reprogram funds, without House. nent in our Nation’s aeronautic re- congressional approval, from other re- NASA’S IMPLEMENTATION OF THE ZERO-BASE search base. search accounts. I am concerned that REVIEW AND ITS AERONAUTICS PROGRAMS These cuts hit particularly hard at a to fund the STAR Program the Agency Mr. GLENN. Mr. President, when Dan NASA facility which has made substan- will move funds from laboratories it Goldin became NASA Administrator in tial, significant contributions over the currently operates to its headquarters early 1992, the agency’s annual budget past 50 years to our Nation’s aero- to dole out to a few selected univer- was about $17.5 billion and headed to nautics industry. I am speaking about sities. about $22 billion by the end of the dec- NASA’s Lewis Research Center in ade. Now, however, the annual budget Mr. President, it appears that EPA is is declining from $14.5 billion and will Brookpark, OH. Currently seven re- clearly attempting to move itself into likely be below $13 billion by the end of search aircraft are based out of Lewis, a new area of research that is already the decade. In terms of FTE’s NASA’s including a newly refurbished DC–9 being conducted at the National Insti- work force has been cut too—from which is a centerpiece of Lewis’ micro- tutes of Health and the National about 24,000 in January 1993 to less gravity research program. It is my un- Science Foundation. This duplication than 21,000 today, and headed to about derstanding that at least 5 of the 7 air- of basic science research will result in 17,500 by the year 2000. craft stationed at Lewis may be trans- severe shortfalls in the applied science In order to manage these drastic ferred to Dryden under the proposed program. cuts, over the last 9 or 10 months Mr. consolidation. I want to be sure that my colleagues Goldin has conducted a so-called zero- Now I understand that it may be pos- understand that it is applied science base review. The purpose of this often sible to achieve some savings through research that is critical to providing painful process was to solicit ideas and consolidation of flight operations. information to support the Agency’s develop plans on how the agency could However, if this action adversely im- regulatory program. As a member of function more efficiently. The review pacts the ability of NASA scientists the Environment Committee, I am con- was conducted assuming that all exist- and engineers to perform their mis- cerned that EPA’s regulatory programs ing missions will continue, but func- sion—and to do their research—then I suffer from a lack of sound science tions and missions would be stream- think we are being penny wise and principles. Further degrading this re- lined or downsized. Mr. Goldin has pound foolish. It is my understanding search effort will only result in wasted made clear that any further budget that the managers of this legislation dollars and regulations that are not cuts will result in elimination of core have agreed with the Senator from based on sound scientific evidence. missions. California, that a closer look needs to be taken at this aspect of the zero-base Mr. President, if the aim of the Now Mr. President, let me be clear STAR Program is to expand Federal that I think Dan Goldin has done an review before it is finally implemented. support for university-based research, I outstanding job in a very difficult situ- I believe that such a review is appro- submit that this aim is already being ation. There are very few people I know priate and I look forward to studying accomplished by the Federal labora- who have the vision, energy, and its results, as well as other ongoing tories under cooperative agreements. knowledge of the NASA Administrator. studies and audits of components of the The STAR Program will simply take He has been criticized for making the zero-base review. research dollars from some universities tough decisions, but these decisions OVERSIGHT to give to other universities. have to be made. Many of the rec- Mr. WARNER. Mr. President, I rise ommendations resulting from the zero- to offer an amendment to ensure that My greatest concern with EPA’s pro- base review are now beginning to be the Congress is permitted to conduct posal is that the Agency has failed to implemented, and I believe it is imper- appropriate oversight of a new research justify the need for such a significant ative that Congress carefully monitor program proposed by the Environ- redirection of resources and is attempt- the changes taking place at NASA so mental Protection Agency. ing to fund a program without full dis- that we may be sure that we are get- This program is known as the closure to the Congress. ting the most from the taxpayers’ dol- Science To Achieve Results or STAR The Agency has failed to dem- lar. Change for change’s sake alone is Program. I want to be sure that the onstrate the trade offs that will occur not always the best policy. Agency fully advises the Congress of from implementing the STAR Program

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14374 CONGRESSIONAL RECORD — SENATE September 27, 1995 and failed to disclose the negative im- [PPA] of 1990 Congress established a S.343, the Senate voted to retain provi- pacts that will be imposed on ongoing national policy to focus EPA’s actions sions to reform the toxic release research. on the reduction of wastes and releases inventory’s listing and delisting cri- In my view, the Agency should at the into the environment. According to the teria along the lines sketched out by very least fully document these im- act, pollution should be prevented or the Senator. The central feature of pacts and disclose to the Congress how reduced at the source whenever fea- those reforms is a greater focus on the this program will be funded and at sible. While pollution that cannot be risk posed by these chemicals. As the what level. prevented or recycled should be treated Senator correctly notes, risk is a func- My amendment does not prevent the safely, whenever possible, and safe dis- tion of hazard and exposure. For this Agency from using funds for this pro- posal should be employed only as a last reason, I too am very troubled by gram. My amendment simply asks the resort. EPA’s proposal to require reporting of Agency to report to the Congress on While PPA prefers reduction of the mere use of materials. It is incon- the details of this program and receive wastes and emissions at the source, sistent with a risk-based approach, and congressional approval before they EPA has reinterpreted the statutory I believe there is no statutory author- move forward with the STAR Program. definition of pollution prevention to ity for expanding the TRI to include I thank the chairman and the rank- place an inordinate and sometimes ex- use reporting. ing member for recognizing the merits clusive emphasis on reduction of toxic of this amendment and supporting its use at the source. This mandates re- I also share the Senator’s concerns adoption. ductions in material or chemical use with the expansion of the TRI to addi- tional types of facilities. Just last IMPOSITION OF CHEMICAL USE DATA AND THE without consideration of emissions and year, the EPA nearly doubled the num- COMBUSTION STRATEGY—MACT risks posed by the substance. EPA’s Mr. LOTT. Mr. President, I rise today policy is based on two false assump- ber of chemicals subject to TRI report- to engage in a colloquy with my col- tions. One, that use indicates risk, and ing. The current reporting cycle will be league from Missouri, Senator KIT two, that all chemical use is harmful the first cycle to incorporate this ex- BOND, the distinguished chairman of and should be eliminated. This ap- pansion. No further expansion should the VA, HUD, and Independent Agen- proach has prompted me to examine be considered until the scope of the cies Appropriations Subcommittee. I the direction this administration is current expansion is fully apparent and want to discuss two topics. The first taking EPA with its new TRI reporting it is clear the EPA has the resources to deals with EPA’s expanded reporting requirements. manage the increased amount of data. requirements for hazardous chemicals. It is contrary to the basic objective I believe we should work with the The second is to clarify the Senate’s of the manufacturing process, which is House to craft mutually acceptable position on EPA’s lack of statutory au- to harness reactive and toxic materials language redirecting EPA’s efforts to- thority to pursue a combustion strat- for useful and beneficial purposes. ward higher priority activities in fiscal egy. While product reformulation and sub- year 1996, and to encourage EPA to For the first issue I am referring to stitution of less toxic substances do work with Congress in the interim to EPA’s plan to expand the toxic release have a vital place in pollution preven- develop risk-based legislative reforms inventory [TRI] under the Emergency tion, the key to efficiently reducing to TRI. Planning and Community Right-to- pollution is to allow industry the flexi- Mr. LOTT. I appreciate the Chair- Know Act [EPCRA]. EPA is now work- bility to use as many tools as possible man’s comments on TRI reform. Now, I ing on regulations to require the re- to achieve emissions reductions. Con- would like to explain the issue regard- porting of data on toxic chemical use, gress wisely established the pollution ing the establishment of an MACT and to extend TRI reporting require- prevention hierarchy to allow for this floor. Although the current provision ments to additional facilities. At a flexibility. It must remain. does not directly reference combustion time when Congress is trying to pro- I believe that a timeout needs to be or any other particular MACT stand- vide responsible relief from unneces- called on these recent changes to the ard, it does deal with an issue of con- sary reporting, these actions would sig- TRI Program. The usefulness of chem- cern to industrial on-site incinerators nificantly increase administrative bur- ical use data as well as expanding the and boilers and industrial furnace oper- dens costing hundreds of millions of list of facilities required to report data ators. It is my understanding that the dollars without commensurate benefits needs to be assessed through public Report language does not prohibit EPA to enhance either human health or the dialogue and objective analysis before from pursuing its combustion strategy, environment. it is required. but only requires certain legal and pro- Moreover, the addition of chemical In fact I believe, EPA’s new TRI re- cedural safeguards be followed. use data would not further EPCRA’s porting approach would exceed its stat- In short, the report language seems goal of reducing chemical releases. utory authority. When Congress en- to support the conclusion that EPA Chemical use bears no direct relation- acted EPCRA, it specifically consid- cannot use appropriated moneys on: ship to emissions, waste generation, ered the issue of whether or not EPA First, the use of permit conditions health risks or environmental hazards. should have the authority to collect without required site-specific finding; Risk is a function of hazard and expo- use information, as distinct from second, the setting of an MACT stand- sure. Chemical use will not indicate ex- chemical releases information. Con- ard under any authority other than the posure. Furthermore, EPA’s plans to gress decided that EPA should not have Clean Air Act; and third, the setting of expand regulatory requirements under this authority. an MACT standard without making the the Toxic Substances Control Act to A majority of the Senate, as reflected required finding that certain facilities gather chemical use data is equally in- through a recorded vote, believes that are already achieving the standard. appropriate. TRI needs to be reexamined and redi- For all of these reasons, I believe rected—not expanded along the lines Mr. BOND. The Senator is correct. that this program requires reexamina- EPA is considering. The committee report makes par- tion and redirection—not expansion While I am not going to offer an ticular reference to the MACT standard along the lines that EPA intends. amendment today to address this mat- for refineries, as an illustrative exam- Clearly, there is an immediate need to ter, I think the Conference Committee ple of the overall problem. The com- first compare the reduction in risks by should accept a legislative provision mittee based its conclusion on input it recent substantial reductions in emis- that calls for a pause while Congress received regarding a number of pro- sions, before simply adding new infor- examines the direction in which EPA is posed and final MACT standards under mational requirements or facilities. taking the TRI Program. I look for- consideration, including the proposed Risks now need to be evaluated on a ward to your continued leadership and MACT standard for on-site incinerators benefit-to-cost or a risk-to-risk basis. support of this effort. and boilers and industrial furnace oper- One of EPA’s guiding principles in its Mr. BOND. The concerns of the Sen- ators. Therefore, it is my belief that strategic plan is pollution prevention. ator from Mississippi are valid and the provision is applicable to all MACT With the Pollution Prevention Act very timely. During the debate on proposals that may be inconsistent

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14375 with past precedent, the proper admin- MACT standards under the Clean Air that fact into consideration. Our coun- istrative process or the text of the Act and all other authorizing statutes. try has a mercury pollution problem Clean Air Act. The committee would oppose any at- that warrants our attention, and I One of the most important require- tempts by EPA to ignore its legal obli- share the chairman’s concern about ad- ments of the Clean Air Act is the prop- gations. dressing the problem in a way that er establishment of the so called MACT I will carefully consider the views of makes sense in cost-benefit analysis floor. The act states that the MACT the Senator from Mississippi on these context. floor is ‘‘the average emission limita- issues, who I understand speaks for I also understand the Chairman’s tion achieved in practice by the best many other Senators with similar con- concern about expediting the final rule. performing 12 percent of existing cerns, and work to ensure that EPA However, I want to point out that we sources’’ that qualify for the given cat- implements its statutory authority are considering this bill only 3 days egory or subcategory. The EPA must consistent with the intent of Congress from the end of the fiscal year. Final establish that the limitations on emis- and its own rules and regulations. passage of the conference report may sions that constitute the MACT floor TRANSFERRING FAIR HOUSING ENFORCEMENT not occur until late next month. The are achieved, or exceeded, in practice AUTHORITY deadline included in the report lan- by 12 percent of the qualifying facili- Mr. HATCH. Mr. President, the issue guage may allow for only a month for ties. In addition, we are also concerned of transferring fair housing enforce- EPA to decide, with holidays. I just that in determining the MACT floor for ment authority from the Department want to emphasize that this is a very a given source category, EPA may di- of Housing and Urban Development to tight timeline, and it does not provide vide the source category into smaller the Department of Justice is no small the recycling industry enough time to parts and calculate the MACT floor matter. I am pleased that Senator adjust if necessary. I would like to separately for each part or pollutant. BOND has agreed to delay any such work with other Senators to ensure The results of this impermissible ap- transfer for 18 months. During this that there is an adequate adjustment proach is that typically no single time, I expect the Judiciary Com- period. major source in a source category can mittee to review this issue. It may be Mr. BOND. Mr. President, I want to meet the MACT standard without in- that some or all of HUD’s fair housing get the rule out soon, but I will work stalling additional controls. Congress functions should be transferred. If so, with other Senators to ensure that clearly contemplated that if MACT is some functions may be better trans- there is time for a reasonable transi- set at the MACT floor, the top 12 per- ferred to agencies other than DOJ. tion. cent of major sources in a source cat- I have no doubt that excesses in Mr. LEAHY. Mr. President, I want to egory should not need to install addi- HUD’s enforcement policies have given thank the chairman for discussing this tional controls to meet MACT. Of rise to the idea of transferring its fair issue on the floor. Mercury pollution is course, EPA may then go beyond the housing enforcement authority else- an important issue. There are some MACT floor by determining that the where. I hope HUD gets a message from areas where almost everyone agrees, additional emissions limitations are this episode and reviews its policies such as the need to end incineration of justified in light of their cost, non-air and practices. mercury-containing lamps. quality health and environmental im- MERCURY-CONTAINING LAMPS SUPERFUND NPL PROVISION pacts and energy requirements. The re- Mr. LEAHY. Mr. President, I want to port language is not intended in any bring up an issue that Senators GREGG, Mr. GORTON. Madam President, way to stop the MACT program, but to SNOWE, and SMITH and I have been would the chairman of the VA–HUD limit the program to those efforts pre- working on during the consideration of Subcommittee yield for a question? viously authorized by Congress. the VA/HUD Appropriations bill. The Mr. BOND. The Senator would be Mr. LOTT. I sense a disturbing trend report accompanying H.R. 2099 includes happy to yield. at EPA. First, EPA is conditioning Re- language regarding the waste disposal Mr. GORTON. I thank the Senator. source Conservation and Recovery Act treatment of mercury-containing The Senator has included the fiscal [RCRA] permits on requirements that flourescent light bulbs. I think it is im- year 1996 VA–HUD bill a provision that have not been subject to full adminis- portant to clarify some of the issues prohibits the addition of any new sites trative process. Second, EPA is in the raised in the report and provide addi- to the Superfund ‘‘National Priorities process of choosing the most severe re- tional context for the rule. List,’’ with one exception. The lan- sult from separate statutes to create a The Environmental Protection Agen- guage enables the ‘‘governor of a state, hybrid. Congress did not intend EPA to cy [EPA] has been considering a rule or appropriate tribal leader’’ to veto mix and match its authority under the which would either conditionally ex- the EPA Administrator’s request that Clean Air Act and RCRA. Thus, ignor- empt mercury containing lightbulbs a site be placed on the NPL. With one ing the independent limitation on au- from existing hazardous waste require- reservation, I support the provision in thority and process imposed by each ments or allow lamps to be treated the VA–HUD bill because this Senator statute. Finally, EPA expressed its in- under the universal waste rule. The re- wants to see Superfund reauthorized, tention to set a separate MACT floor port language does not reference the and the prohibition provides an impor- for each hazardous air pollutant. By two options available. Is it the Chair- tant time out from adding new sites to adopting such an approach, EPA would man’s understanding that the EPA the NPL. My reservation is this: I am be able to set multiple MACT floors does indeed face this choice in final- concerned that the phrase ‘‘appropriate that no single facility may be able to izing a rule? tribal leader’’ expands the authority of meet in practice. I believe the MACT Mr. BOND. Mr. President, the Sen- tribes, beyond that which they are language in the Act does not allow ator is correct. The rule does contain granted under current law, to veto a EPA to do this. My bottom line is that two options. site recommended by the EPA Admin- EPA should comply fully with the stat- Mr. LEAHY. Mr. President, I under- istrator for listing on the NPL. utory and administrative controls on stand the concerns raised by my col- The fiscal year 1995 rescission bill in- rulemaking. leagues about this rule. The point has cluded a provision similar to that in- Mr. BOND. The EPA has stated that been made that the EPA should not cluded in the bill before the Senate, its use of the so called omnibus permit- create a major disincentive for switch- with one exception. The bill currently ting authority under RCRA must be ac- ing to energy efficient lamps by requir- before the Senate gives the authority companied by site-specific findings in ing burdensome treatment of the to both the Governor of a State, or an the administrative record supporting a lamps. On the other hand, 42 States appropriate tribal leader to veto the permit that any conditions are nec- have consumption warnings for eating EPA Administrator’s request that a essary to ensure protection of human the fish from the streams and lakes in site be added to the NPL. Was it the in- health and the environment. I expect our towns. Mercury containing lamps tent of the subcommittee chairman to EPA to comply fully with its own pro- are the largest single contributor of expand the authority of Indian tribes cedural requirements for omnibus per- mercury to the municipal waste under the Superfund law with this pro- mitting authority under RCRA, for stream, and our policies should take vision?

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14376 CONGRESSIONAL RECORD — SENATE September 27, 1995 Mr. BOND. The Senator is correct, it this time to recite all of the reasons The CDFI fund has caught the inter- was not the intent of the subcommittee that I oppose raising the loan limits. I est of many community development to expand the authority of Indian will, however, say that raising the loan organizations across the Nation. Unfor- tribes in this provision. limits will not help the low and mod- tunately, these fine community devel- Mr. GORTON. Would the Senator erate-income home buyers who should opment organizations and many others yield for another question on the same be the prime beneficiaries of FHA’s ef- throughout the country may never get issue? forts. For the record, I also note that I the opportunity to receive assistance Mr. BOND. The Senator would be would have gladly worked with the au- from the CDFI fund. I strongly believe happy to do so. thors of the amendment to find other that would be a short-sighted mis- Mr. GORTON. As the Senator from more appropriate offsets, if only I had take—putting partisan politics ahead Missouri knows, the chairman of the received sufficient advance notice of of our distressed communities. Senate Environment and Public Works the amendment. I urge my colleagues to restore fund- Subcommittee on Superfund is working COMMUNITY DEVELOPMENT FINANCIAL ing for the CDFI fund if the Senate re- hard to put together a Superfund reau- INSTITUTIONS FUND visits this bill during the appropria- thorization bill, and bring it to the Mr. LEAHY. Mr. President, I rise in tions process. Senate floor this year. There are an en- strong support for the community de- Mrs. MURRAY. Mr. President, com- tire range of issues associated with the velopment financial institutions munity development financial institu- fact that Indian tribes are not cur- (CDFI) fund. tions [CDFI] play an important role in rently treat as persons under the The CDFI fund is a key priority for my home State, and I join my friend Superfund law, and are not liable for President Clinton. He and Vice Presi- from Vermont, Senator LEAHY, in ex- clean up of waste that a tribe may have dent Gore campaigned in 1992 to create pressing my strong support for the contributed to a site. I have discussed a new partnership with the private sec- CDFI fund. this issue with Senator SMITH and he tor to revitalize economically dis- Community Development Financial told me that these issues will be looked tressed communities. The President Institutions are essential to serving at as he develops legislation to reau- and Vice President spoke passionately communities that often find it difficult thorize the law. Consequently, I would about their vision for supporting local to cultivate financial support. CDFI’s ask that the Senator drop out the ‘‘or community development banks. prove that private sector, locally con- appropriate tribal leader’’ provision After the election of 1992, both Re- trolled financial institutions can com- during conference with the House over publicans and Democrats in the last bine rigorous fiscal management with a the fiscal year 1996 VA–HUD bill. Congress turned the President’s vision commitment to improving commu- Mr. BOND. I would be happy to work into ground-breaking legislation that nities by offering capital access along with the Senator to address this issue created the CDFI fund. The legislation with related training and technical during conference. passed the Senate unanimously and services when other institutions may was approved by a 410 to 12 vote in the AMENDMENT NO. 2781 not. CDFI’s provide capital to dis- Mr. KOHL. Mr. President, yesterday House. tressed communities, as well as in- Unfortunately, the CDFI fund is now the Senate voted not to restore funding crease the number of joint venture a hostage of partisan politics. Under for the Americorps Program and with loans between Federal, State, and pri- this appropriations bill, the CDFI fund great reluctance, I opposed the amend- vate entities. is terminated. Before even giving this ment offered by the distinguished Sen- Mr. President, Cascadia Revolving program a chance to succeed, this bill ator from Maryland. I did so not be- Fund, of Seattle, is a prime example of kills it. That is a real shame. how CDFI’s can complement tradi- cause the Corporation for National and The fund is a small but very innova- tional financial institutions. Cascadia Community Service is a bad invest- tive program. For a modest $50 million ment. In fact, I am a strong supporter budget, the fund has the potential to is a nonprofit community development of the AmeriCorps Program and believe make a significant impact in distressed loan fund which makes loans and pro- community service can make a big dif- communities. vides technical assistance to low-in- ference in our society. Unfortunately, The fund’s investments would create come, minority- and women-owned the amendment restored AmeriCorps new jobs, promote small business, re- businesses in addition to businesses in funding at the expense of other impor- store neighborhoods, and generate tax economically distressed areas. Over the tant Federal programs. revenues in communities desperate for past 10 years, Cascadia has lent over $3 Mr. President, I have seen first hand community development. million, and 90 percent of the busi- the positive results of the AmeriCorps How would the CDFI fund succeed in nesses they have assisted are still in Program. It has shown great promise areas where more traditional financing business today. in addressing today’s urban and rural has failed? The Community Development Bank- problems by uniting communities. Pro- The fund would create a permanent, ing Act of 1994, which created the CDFI gram participants in Wisconsin have self-sustaining network of financial in- fund, received broad bipartisan support worked hard to fight hunger, provide stitutions that are dedicated to serving in the 103d Congress. The legislation child care, combat illiteracy, and build distressed communities. These finan- passed the Senate unanimously, and low-income housing. cial institutions include a fast-growing was approved by a 410 to 12 vote in the By dedicating service to their com- industry of specialized financial service House. Today, there are roughly 310 munities, participants receive a small providers—community development fi- CDFI’s operating in 45 States that stipend and assistance to further their nancial institutions. The fund would manage more than $1 billion in pri- education. Corps participants are also also provide incentives for banks and marily private sector money. able to leverage private resources in thrifts to increase their community de- Mr. President, it would be a shame to carrying out their activities, which velopment activities and invest in terminate this program designed to re- adds to the effectiveness of the Federal CDFIs. vitalize economically distressed com- investment. The CDFI fund’s initiatives would be munities before even giving it a chance I am distressed that the Senate has an innovative departure from tradi- to succeed. If the Senate has the oppor- decided not to fund the national serv- tional community development pro- tunity to revisit this bill during the ap- ice program and strongly believe the grams because they leverage signifi- propriations process, I urge my col- AmeriCorps Program merits continu- cant private sector resources. It is esti- leagues to restore funding to the Com- ation. But the amendment relied on al- mated that every $1 of fund resources munity Development Financial Insti- ternative funding sources that I could would leverage $10 in non-Federal re- tutions Fund. not accept, including raising FHA’s sources. And these locally-controlled Mr. BRADLEY. Mr. President, things loan limits. CDFIs would be able to respond more are finally beginning to turn around in Mr. President, it is no secret that in quickly and effectively to market- urban America. We have finally taken the past I have opposed efforts to raise building opportunities than traditional some small, tentative steps to give the FHA’s loan limits. My position on community development organiza- children a safe and nurturing environ- this issue is clear and I will not take tions. ment, to help communities repair

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14377 themselves, to help individuals find pose community organization that just manent network of financial institu- and get jobs, to help poor people de- happens to have a credit union. While I tions that are dedicated to serving velop assets for the future, and to re- was there, a stream of members poured these communities. store strong financial institutions that into the small building which houses Today many low- and moderate-in- help communities save their own the credit union, day care center, and come Americans across the country are money, invest, borrow, and grow. other programs, depositing $20, $50, and unable to cash a check, borrow money But just as the economics of urban $100 at a time. I did not see any banks to buy a home, or secure a small loan America were starting to improve, this in the vicinity of La Casa. If it were to start or invest in a business. Rural bill pulls out one of the most vital ini- not for the credit union, many of the communities, because they are remote, tiatives to bring capital, initiative, community’s residents would have no have unique problems in this regard. savings, and growth to those who have place to deposit their money, secure Designed to encourage community been isolated from it: the Community small loans, or take advantage of other development through lending to under- Development Financial Institutions services we often take for granted. served low- and moderate-income peo- Program. This initiative evolved from This fund does not, and should not, ple and communities, CDFI’s are espe- the Community Capital Partnership seek to create organizations that will cially important to the people in these Act that I introduced in 1993. I am very be perpetually dependent on Govern- communities who do not have afford- disappointed that the committee in- ment for support. Instead, it seeks to able credit, capital, and basic banking cluded no funds for community devel- reach in at a point of leverage in cap- services. opment financial institutions, and I ital-starved communities and get them The CDFI’s would go a long way to- want to remind the chairman of the started. It does not set development ward stimulating the economy in those subcommittee that there is significant, strategies for either the institutions or communities by helping to create new passionate support in the Senate for the communities they serve. Instead, it jobs and promote the development of the continuation of this program. lets those involved in the struggle for small business. And at a small cost. Most of us take basic financial insti- economic recovery find their own path. CDFI’s are required to provide a min- tutions for granted. We have savings There has been such widespread sup- imum of $1 of matching funds for each and checking accounts, our bank lends port for the idea of expanding commu- Federal dollar received. our money to businesses in our commu- nity financial institutions, even When enacted in 1993, the CDFI fund nities, and we borrow ourselves when it though it is a relatively new idea to had the overwhelming support of both comes time to buy a home or we have many people. I still hear some wari- Houses of Congress. The President is a an inspiration to start a business. But ness, though, about this investment strong advocate of the fund. It is not a in most American cities, the only fi- from people who argue that poor people large program; but it can be an ex- nancial institution they know is the do not save and that distressed commu- tremely effective one. It should not be check-cashing cubicle, which charges nities do not have the resources to sup- terminated before having a chance to up to 5 percent just to cash a Govern- port economic development. succeed. ment check, and takes the money back The evidence contradicts this cynical Mr. President, I strongly urge my out of the community. People who view. In Paterson, NJ, last year, I vis- colleagues to reinstate funding for this want to save have nowhere to go and ited one of the few banks that had not vital program. businesses have no access to capital. left that city. I struck up a conversa- EPA PROVISIONS Within the 165 squares miles that make tion with a customer, who volunteered Mr. KERRY. Mr. President, as we up the areas most affected by the Los that she was depositing $100. Surprised, consider the VA-HUD Appropriations Angeles riots, there are 19 bank I asked her how much she generally bill, we will set the budget for the En- branches, as compared to 135 check saved in a week. She told me that she vironmental Protection Agency, and cashing establishments. and her husband had five children and this budget for EPA turns back the People who want to borrow have even earned $20,000 last year—below the pov- clock on 25 years of bipartisan progress fewer opportunities. They can buy a erty line. But even on this income, and tips the balance from the protec- car or furniture on time, or on a rent- they saved $3,000 that year, for health tion of people to the protection of the to-own plan, but if they want to borrow emergencies, for college, or to give special interests of some industries. to get ahead, by starting a small serv- their children a chance at a better life. The Gingrich majority and the ex- ice business or a store, they’re out of Their experience tells me that saving tremists on the right have placed in luck. The ‘‘McNeil-Lehrer Newshour’’ for the future is a fundamental value of jeopardy the gains we have fought for, last year interviewed some ambitious our country, not limited to the middle and the progress we have made to pro- entrepreneurs in rural Arkansas, one of class, and that if we all had access to tect the environment and ensure the them a woman named Jesse Pearl the institutions that make capitalism health and safety of every American in Jackson, who owns a beauty salon. She work, we could all be a part of vital, the last 25 years. needed a loan for new equipment, and self-sufficient communities. Ironically, for 19 of the last 25 years when she went to a bank, she says the Mr. President, I know we expect this Republicans were in charge of the EPA. loan officer ‘‘laughed me clean out the legislation to be vetoed, because it sets It was Richard Nixon who signed into door. She said, ‘You want money for all the wrong priorities. The defunding law the National Environmental Policy what?’ She said, ‘You don’t walk in of the CDFI initiative is only one ex- Act and declared protection of the en- here and ask me for an application for ample. I hope that we will have an op- vironment to be a national priority. a loan. That is not the way you do it.’ portunity to reconsider this bill, to put And today the Republican majority is I said, ‘Well, if you will tell me what to all its priorities in order, and that turning its back on its own promise. do, then I will come back, and I will do when we do, we will find a way to con- Twenty-five years ago environmental it right the next time.’ She was laugh- tinue to support community develop- organizations let their voices be heard ing so hard and making fun of me so ment financial institutions. and the message was loud and clear. We bad I never went back.’’ There is f must find that voice again. We must money to be made here, for any bank unite in our efforts and let the message willing to take entrepreneurs like Ms. COMMUNITY DEVELOPMENT resound across this Nation and through Jackson seriously, but large financial FINANCIAL INSTITUTIONS FUND the halls of Congress—that we will not institutions without roots in the com- Mr. SIMON. Mr. President, I want to turn back the clock on environmental munity are unlikely to see those oppor- express my strong support for the com- protection. tunities. munity development financial institu- We will not retreat. We will not give But there are islands of hope for peo- tions [CDFI] fund. in. We will fight for clean air, clean ple who want to save and invest in Created by legislation enacted in water, and the preservation of our land troubled communities. Last year I vis- 1993, the CDFI fund, in a new partner- and oceans and rivers so that the world ited La Casa de Don Pedro, which oper- ship with the private sector, would re- we leave our children will be the same ates a credit union in a very poor sec- vitalize economically distressed com- magnificent world that was handed tion of Newark. La Casa is a multi-pur- munities. The fund would create a per- down to us.

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14378 CONGRESSIONAL RECORD — SENATE September 27, 1995 I call on every one who believes in But of all the agencies, the agency law, the Unfunded Mandates Act re- the importance of environmental pro- that has the most direct impact on quiring that future legislative initia- tection and who has been part of this American lives is the EPA. tives provide Federal financial assist- fight to stand together and renew the I find it ironic that it is the EPA ance to State and local governments effort we began. We cannot assume we budget that takes the largest reduction for implementing such large-scale un- can change the agenda in Congress. of any agency’s budget in this bill—23 dertakings. We cannot take anything for granted. percent cut from funding levels origi- I find it ironic that this same con- We must rebuild, retool, reorganize, nally appropriated for the current fis- gressional leadership would now sup- and reeducate. We must put aside cal year. port cutting hundreds of millions of as- whatever differences exist between Americans have, indeed, called for sistance to local and State govern- groups or regions and stand up for what meaningful budget reductions and re- ments when it is so urgently needed. we know is right for the Nation and for forms and the President and Congress A second area of concern are funding the environmental gains we have made. have serious plans to meet those reduc- cuts for the cleanup of the toxic waste We have to start anew—as people tion goals; and all departments and sites. The Hazardous Waste Cleanup agencies must join in this effort if we committed to the environment—we Program funding is targeted for a 36- are to succeed. But the best approach, must begin again as if this were April percent reduction—$500 million. by far, is first to eliminate wasteful 22, 1970, the first Earth Day. A reduction on this scale would slow spending, and then spread the reduc- cleanups and would stall cleanup ef- We must take advantage of Amer- tions across agencies. Unfortunately, forts in communities that have pa- ica’s attention on the 25th anniversary this is not the approach of the appro- tiently waited for Federal interven- of that day to galvanize support across priators. the country for what Americans be- The committee this year, while cut- tion. lieve and want for the environment: ting the EPA budget by 23 percent is In Massachusetts alone, there are clean air, clean water, pristine rivers, reducing its other agencies by far less. four new communities slated to begin and protected ecosystems, abundant The fiscal year 1996 Senate appropria- cleanup efforts in 1996—New Bedford, species of plants and animals, clean tions bill for EPA would deal a harsh Dartmouth, Palmer, and beaches, parks and public lands that blow to efforts to protect public health Tyngsborough. are clean and safe, cities with breath- and the environment for Massachusetts All of these communities would be able air, industries and businesses that and the Nation. adversely impacted by these unprece- are willing to do all they can to protect While the President has proposed a dented cutbacks. And what do we tell the environment, and a government balanced budget that would preserve the people who live there: ‘‘Don’t that cares. the environment and protect the worry. The problem will take care of These should be the 10 command- health and safety of American families, itself once we get Government off our ments for the new environmental the bill before us cuts those protec- backs?’’ movement, and our call to action is tions dramatically, while placing se- Mr. President, the problem is that clear: Remember April 22, 1970. And, vere limits on existing protections. companies did not take care of these Mr. President, we must do so in a ra- Let me take a moment to highlight situations before there was an EPA—or tional bi-partisan manner. the key cuts that would have an enor- before a young man named Jimmy An- But this bill—this bill—Mr. Presi- mous negative impact on millions of derson got sick from a contaminated dent, speaks volumes about the new citizens. well in Woburn, MA. He died from Republican Party and its retreat from First, this bill cuts desperately need- lymphocytic leukemia in 1981. responsible policies designed to protect ed assistance to State and local gov- Let me digress for a moment because the health and safety of all Ameri- ernments for important water infra- Jimmy Anderson’s story makes the cans—of all incomes, all races, and par- structure programs through the State point better than any rhetoric I could ticularly those who are the most vul- revolving loan fund [SRF]. This bill come up with today. nerable in society today. cuts almost $600 million to provide as- Almost 30 years ago, Jimmy’s mother The central question in this debate sistance to local communities to offset Anne suspected something was wrong is: What priority do we place on pro- the enormous costs of sewage treat- with their water because it smelled tecting our Nation’s vital natural re- ment facilities in order to provide bad, only to be assured that the water sources and the health of its citizens? cleaner local water—cleaner water in was safe. Then, in early 1972, Jimmy Regrettably, I must say that the Ap- nearby rivers and adjoining shorelines. got sick. propriations Committee does not put Of that, the $20 million which would Despite Mrs. Anderson’s concerns and as high a priority on the environment be targeted to Massachusetts alone protests, the wells remained in use as the American people do. would assist over 300 communities until 1979 when a State environmental across my State. This bill cuts the EPA budget by $1.7 inspection triggered by an unrelated Hundreds of thousands of citizens in billion—23 percent below the level incident detected unusually high levels my State—as in dozens of States across originally appropriated to the EPA for of toxins. this Nation—rely on clean water for the current fiscal year. In addition, it their livelihood. Eventually, other leukemia victims includes 11 legislative riders that From tourism to fisheries, industries came forward and it turned out that eliminate critical environmental pro- depend on the quality of water—and between 1966 and 1986 there were 28 tections provided in such statutes as history shows that industry did not cases of leukemia among Woburn chil- the Safe Drinking Water Act and the care about the quality of water when it dren with victims concentrated in a Clean Air Act. had the chance—when there was no section of Woburn served by two wells. Mr. President, I am cosponsoring sev- EPA. I wonder what has changed today. Investigations revealed that there eral amendments today to restore some My State is but one of many that had were lagoons of arsenic, chromium, and of the more egregious cuts and provi- beaches closed to protect the public lead discovered on a tract of land that sions in this bill to bring it more in from unsafe waters in 1994. These clos- once housed a number of chemical line with what I believe to be the prior- ings cost millions of dollars but can be plants, or from a nearby abandoned ities of most Americans. avoided with prudent, preventive clean tannery that had left behind a huge In addition to the EPA, the VA-HUD water standards and a reliable water mound of decades old rotting horse- and Independent Agencies appropria- infrastructure system. hides that gave off a smell that com- tions bill before us today includes fund- Local communities cannot shoulder muters used to call the Woburn odor. ing for the Veterans Administration, this burden alone. That is why Con- I say to my colleagues, before we for Housing and Urban Development, gress created a Federal-State-local rush headlong into getting Government the National Science Foundation, and government partnership to finance this out of the business of protecting people the National Aeronautic and Space Ad- process. like Jimmy Anderson I think we ministration—all important Federal That is why, earlier this year, we should reflect for a moment on the con- programs. passed and the President signed into sequences of turning back the clock to

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14379 a time when there were no real regula- rently contesting any EPA decision to But they will not tell us is why we tions and industry did, indeed, have seek fines. needed an EPA. They conveniently for- Government off of its back. Georgia-Pacific, on the other hand, get about Jimmy Anderson. Let me read what Anne Anderson chose to fight EPA, claiming it had This chorus to cut Government—with said to a congressional committee. She only followed the agency’s own faulty its refrain of getting Government off said, document—though a 1983 industry-pro- our backs—is becoming a dirge for the It is difficult for me to come before you duced technical bulletin corrected and common man. today, but I do so with the realization that publicized the error—and that State And we are marching into the next industry has the strength, influence, and re- regulators had in any event approved century to a slow and painful funeral sources that we, the victims, do not. I am its plants. march for the death of common sense. here as a reminder of the tragic con- The company spent its money in- I yield the floor. sequences of controlled toxic waste, and the stead on Washington lawyers and lob- RENO VA HOSPITAL necessity of those who are responsible for it byists, who managed to slip a special Mr. BRYAN. Mr. President, I want to to assume that responsibility. provision into the original Dole regu- bring to the attention of the Senate Mr. President, this is why we have latory reform bill effectively freeing the impact the proposed VA/HUD ap- made the choices we did for the last 25 Georgia-Pacific from any obligation to propriations bill is having on veterans years. And they were the right choices. install the expensive equipment. who rely on the Veterans Affairs med- I would submit to my colleagues that According to Weyerhaeuser, the pol- ical center located in Reno, NV, for in- this bill throws responsibility to the lution controls add $1 million a year to patient hospital care. wind, and begins a tragic return to the operating costs at each plant. If Geor- I recognize the difficult funding deci- days when toxic lagoons contaminated gia-Pacific can get away with its plan sions that faced the VA/HUD Appro- the water in Woburn and killed Jimmy to avoid installing any controls what- priations Subcommittee. And I know Anderson. soever, Weyerhaeuser plants will then the subcommittee wants to provide Now, getting back to the third point, be at a serious disadvantage during the quality health care for veterans in Mr. President, the massive budget cuts next downturn in the highly cyclical quality medical facilities. But the deci- proposed for EPA’s enforcement and building products industry. sion to not fund any major construc- compliance programs seem extremely By playing by the rules, tion projects jeopardizes the ability of shortsighted. The Senate appropriators Weyerhaeuser will have lost. the Reno VA hospital to provide that target the EPA enforcement program Weyerhaeuser’s director of environ- quality inpatient care to its veterans. for a 20-percent cutback. mental affairs says Georgia Pacific’s The Reno VA hospital’s $20.1 million This is the office that goes after the tactic: ‘‘sends exactly the wrong sig- major construction project to build an bad actors in the environmental arena; nal. We’re finding ourselves in the posi- inpatient bed wing project is an au- they are the ones that most directly tion of being penalized for coming into thorized project. The project’s con- protect the public’s health and safety. compliance. We think that’s unfair.’’ struction plans will be completed in Cutting back enforcement will only Finally, Mr. President, in addition to November. The project will be ready encourage polluters to continue break- the unjustified draconian budget cuts, for bid award in January, 1996. The ing the law. In Massachusetts during there are nearly a dozen legislative rid- House VA/HUD appropriations bill, 1994, EPA and State inspectors visited ers that have no business being added passed in June, includes $20.1 million to an appropriations bill. These legisla- 1,091 facilities to ensure public health for the project. But there is no funding tive proposals should be considered by and safety standards. Of those visits, for this authorized project in this Sen- the authorizing committees with juris- 117 State and Federal enforcement ac- ate bill. diction. tions were taken to protect the public. The Reno VA hospital’s current inpa- This bill guts EPA and virtually lets tient bed wing was designed prior to By weakening enforcement, more the free marketeers decide what is polluters are given an unfair economic World War II, and is today a woefully right, and puts its faith in the per- inadequate facility. The Reno VA hos- advantage over responsible industry ceived altruism of American capitalists pital inpatient bed wind has been in competitors play by the rules because who somehow and for some reason, noncompliance with JCAHO accredita- polluters have lower production costs. now, in 1995, have seen the light and tion standards for nearly 6 years. It Less enforcement means more risk will do better in the future than they again faces an accreditation evaluation taking by polluters because they are did in the past. from JCAHO on October 10. less likely to get caught. It puts its faith in industry’s willing- The hospital’s inpatient wing’s defi- Let me tell you a tale of two compa- ness to care more about the common ciencies include inadequate fire preven- nies. One bought scrubbers; the other man than the bottom line. It says that tion including lacking water sprin- bought lobbyists and lawyers. if Government would only leave every- klers, an inadequate oxygen system in In the early 1990’s, Federal regulators one alone, everyone will do the right patient rooms, inadequate air condi- discovered that a number of forest thing. If we stop watching where folks tioning, and inadequate handicapped products companies had underesti- dump their toxic waste, what they access. Further, the patient rooms lack mated certain emissions at plywood spew into the air, and what chemicals wash basins and toilets which violate and waferboard plants by a factor of they use, everyone will act in the com- both privacy standards for the pa- 10—and had therefore failed to apply mon interest. tients, and health standards for nurses for permits under the Clean Air Act or I am not sure that is the case. But I and physicians who are required to install necessary but expensive pollu- am sure that EPA balances the equa- wash their hands before leaving a pa- tion controls. tion between those who care and those tient’s room. With the increase in When EPA moved to require permits who don not. Why now, are we willing women patients using the hospital, the and installation of such equipment, to tip that balance—to favor the pol- lack of wash basins and toilets problem Weyerhaeuser and Georgia-Pacific luters over the people. is further exacerbated. Can you imag- chose very different responses. My Republican friends will deny that ine being sick in a room with no air The one that played by the rules this bill tips the balance or turns back conditioning? In a room with no toilet finds itself at a serious competitive the clock. They will stand here and tell facility except down the hall? disadvantage—if its rival can get away us that Government has been intrusive I know we would all agree this situa- with it. and it has—that Government has over- tion is intolerable. This inpatient care Weyerhaueser more or less played by regulated and it has—that Government unit is woefully inadequate to meet the rules, moving quickly to install is demanding too much of small busi- even the most basic of standards for tens of millions of dollars in pollution ness and it is. care and safety. The personal dignity controls at its plants—according to They will give us example after ex- of all the veterans who receive their in- company officials—even before EPA ample of ludicrous regulations and I patient hospital care there is com- began its enforcement action. agree that those regulations should be promised. The company paid a substantial fine abolished, but not at the expense of the This hospital critically needs the new to State regulators, though it is cur- progress we have made. inpatient hospital wing to ensure the

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14380 CONGRESSIONAL RECORD — SENATE September 27, 1995 center does not lose the JCAHO accred- $13.9 million to renovate the current This year, for fiscal year 1966, the itation. To date, no Veteran Affairs inpatient bed wing; obviously over the subcommittee has had to make some medical facility has lost its accredita- $3 million project limit. Even if a $13.9 hard choices among programs to live tion. However, JCAHO has recently million expenditure could be made within their 602(b) allocations. The been under industry criticism for not from the minor construction fund, the chairman has been fair and even-hand- being as stringent as it should be to en- hospital would still not meet accredi- ed in his efforts to craft a bill within sure the quality of its accreditation tation standards. This is an old build- the spending total available to him. standards. When a facility like the ing. Most of this building is Is it the chairman’s intention that Reno hospital has been in noncompli- uninsulated. Its electrical system is at this fairness will also carry over when ance with accreditation standards for 6 capacity. Its steam radiator heating final allocations are made at NSF, and years, and is unable to show JCAHO a system is beyond economical repair. that NSF’s programs in the Social, Be- definitive plan to correct those defi- Only so much can be done within the havioral and Economic Sciences Direc- ciencies, because its construction limits of such a building. Is it wise to torate will receive equitable treatment project has not been funded, it is surely put millions into an old building, that with other research disciplines? not beyond the realm of possibility will not in the end meet accreditation Mr. BOND. I thank the Senator from that Reno could be facing nonaccredi- and life safety code requirements? I Hawaii for the question. tation. think not. It is my intention and my expecta- And what happens should the hos- It must also be noted that the esti- tion that the National Science Founda- pital lose its accreditation? The hos- mated $13.9 million renovation cost tion would continue the current prac- pital will be given a specific time pe- does not include the costs of con- tice of recommending support levels riod to move the current inpatient pa- tracting out inpatient hospital care for that Directorate and for the pro- tients out of the facility, and obviously during the disruption caused by such grams represented by the Human Cap- no new patients can be admitted. The construction work. There is no other ital Initiative, within the overall fund- hospital’s medical residents from the VA health care facility within com- ing recommendations of the committee University of Nevada-Reno medical petitive travel distance to assume any in its operating plan. As you know, we school will have to leave the hospital of Reno’s inpatient caseload. Given the generally accord the recommendations immediately as they cannot practice in population influx of veterans into of the Foundation considerable def- an unaccredited facility. The hospital’s northern Nevada, and the increased pa- erence given the technical nature of physicians will leave as soon as pos- tient load of California veterans due to many of these allocation decisions, and sible, as physicians do not further their closure of the Martinez VA facility it is my intention to continue this professional standing by serving in an damaged by earthquake, this hospital practice. unaccredited facility. The hospital’s needs to be able to continue to serve Ms. MIKULSKI. As the ranking mi- research program will be dismantled the inpatient hospital needs of vet- nority member of the subcommittee, I because Federal research funds cannot erans for years to come. also would like to thank the Senator flow to an unaccredited facility. In None of us wants a VA hospital from Hawaii for his question, and I simple terms, Reno will no longer have closed for accreditation noncompli- wholeheartedly support the answer an inpatient hospital. ance. None of us wants sick veterans provided by Chairman BOND. It would Since coming to the Senate, I have receiving care in a hospital room with be a matter of great concern to me if worked to attain funding for a new in- no air conditioning or inadequate fire any area of research at the National patient bed wing. During the last budg- protection. Given extreme budget re- Science Foundation is singled out and et cycle, the Reno hospital and the De- straints, hard decisions must be made. given inappropriate reductions in fund- partment of Veterans Affairs dras- But when those hard decisions serve to ing. Our support for the Social, Behav- tically scaled back the construction prevent a vitally needed construction ioral and Economic Sciences Direc- project by nearly half its original cost. project like the Reno hospital inpa- torate and for the Human Capital Ini- This revision was done to face the re- tient wing from going forward, the tiative must continue to be strong and ality of funding constraints for major funding priorities are skewed. Reno I hope to see those programs funded as construction projects, and to ensure needs a new inpatient wing without generously as our appropriations will the hospital would have a definitive further delay. allow. plan to meet its accreditation defi- NATIONAL SCIENCE FOUNDATION Mr. BOND. Mr. President, there are ciencies. It is ironic that a construc- Mr. INOUYE. Will the Chairman of still a number of amendments left on tion project which has been signifi- the Veteran’s Affairs and Housing and the list. We do not believe the Senators cantly scaled back, and would solve the Urban Development, and Independent proposing them are planning to come Reno hospital accreditation problems Agencies Subcommittee yield for a down. Senator DASCHLE has reserved a cannot go forward. question? relevant amendment, Senator SIMPSON The subcommittee has recommended Mr. BOND. I would be pleased to has reserved an amendment to elimi- that no major construction project, yield for a question from the senior nate the EPA SEE program. We are whether authorized or not, should be Senator from Hawaii. preparing to move to the adoption of funded. I understand the concerns of Mr. INOUYE. I thank the chairman the final managers’ amendment. the subcommittee and the Senate Vet- for yielding. I ask that, if there are any Senators eran’s Affairs Committee that major As the chairman knows, starting in who do wish to pursue these amend- construction projects should not go fiscal year 1991, the Veterans Affairs ments, that they call the cloakroom forward while the Department of Vet- and Housing and Urban Development immediately and let us know, because erans Affairs is developing a new vet- Subcommittee urged the creation of a as soon as we do the managers’ amend- erans health care delivery system. new Directorate for Social, Behavioral ment we will be ready to proceed to However, the veterans who rely upon and Economic Sciences at the National third reading. the Reno VA hospital for inpatient Science Foundation. This was led by I suggest the absence of a quorum. medical care cannot wait. our colleague Senator BARBARA MIKUL- The PRESIDENT pro tempore. The The subcommittee increased the SKI. clerk will call the roll. minor construction account funding to The subcommittee also was instru- The legislative clerk proceeded to try to provide additional funds for fa- mental in encouraging the new NSF call the roll. cilities to use to address their accredi- Directorate to pursue a program called Mr. INHOFE. Mr. President, I ask tation, and life and safety deficiencies. the Human Capital Initiative, which unanimous consent that the order for But the minor construction account supports basic behavioral research the quorum call be rescinded. funding is not the answer for the Reno aimed at some of our most serious na- The PRESIDENT pro tempore. With- hospital. tional problems—such as education, out objection, it is so ordered. The minor construction account lim- substance abuse, violence, produc- PETROLEUM REFINERY MACT STANDARDS its funding to no more than $3 million tivity, problems of aging, health, and Mr. INHOFE. Mr. President, I am in per project. It is estimated to require others. strong support of language at this

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14381 point calling for the EPA to reevaluate AMENDMENTS NOS. 2796 TO 2808 EN BLOC Mr. MCCAIN. Reserving the right to the petroleum refinery MACT stand- Mr. BOND. First, I send an amend- object. ards. The refinery MACT legislation is ment proposed by Senator SIMON and The PRESIDING OFFICER. The Sen- a prime example of the EPA regula- Senator MOSELEY-BRAUN providing an ator from Arizona. tions run amok. effective date for the transfer of the Mr. MCCAIN. I will not object. I As I said at a hearing earlier this Fair Housing Act enforcement from would like to take this opportunity to year, refinery MACT regulation could HUD to the Attorney General; thank the Senators from Missouri and be a poster child for nonsensical regu- Second, an amendment by Senator Maryland, and their staff, for allowing lations. Its costs far exceed any pos- JOHNSTON providing the EPA shall Senator BROWN’s staff and my staff, sible benefits. enter into an arrangement with the and Senator BROWN and myself, to re- As a member of the authorizing sub- National Academy of Sciences to inves- view these amendments. committee, I can speak for a majority tigate and report on scientific bases for I think they are all very appropriate. of the subcommittee in saying that the regulating indoor radon and other nat- I appreciate the degree of coopera- EPA has taken the wrong direction in urally occurring radioactive materials; tion shown. its implementation of the Clean Air Next, an amendment by Senator I remove my objection. Act amendments. The implementation BINGAMAN relating to energy savings at The PRESIDING OFFICER. Without of the act is an issue that the sub- Federal facilities; objection, the clerk will report the Next, an amendment to increase committee will be addressing in the amendments en bloc. amounts provided for FEMA salaries coming months. However, in the mean- The legislative clerk read as follows: time we need to put a stop to the refin- and expenses, and Office of Inspector General, and emergency food and shel- The Senator from Missouri (Mr. BOND) for ery MACT rule from taking effect. himself and others, proposes amendments These are the rules that were pro- ter; Next, an amendment to make tech- numbered 2796 through and including 2808. mulgated, yet the standards which nical corrections and modifications to Mr. BOND. Madam President, I ask were used were standards prior to 1980 the committee amendment to H.R. unanimous consent that reading of the when, in fact, the refineries had com- 2099, about 10 pages of corrections pri- amendments be dispensed with. plied with the 1990 amendments. Those marily in language to conform to the The PRESIDING OFFICER. Without things were not taken into consider- intent of Congress in the measures objection, it is so ordered. ation. adopted here, and to clarify the sub- The amendments en bloc are as fol- We are talking about millions of dol- section numbers; lows: lars, if we leave these regulations in ef- Next, an amendment by Senator AMENDMENT NO. 2796 fect. This does not roll back any envi- KEMPTHORNE and myself to provide ad- On page 169, at the end of line 7, insert be- ronmental laws. It just allows the EPA ditional time to permit enactment of fore the period the following: ‘‘effective the time to fix an obviously flawed reg- Safe Drinking Water Act reauthoriza- April 1, 1997; Provided, That none of the ulation. tion which will release funds for the fi- aforementioned authority or responsibility In the defense of the EPA, I would nancial assistance program; for enforcement of the Fair Housing Act say they were under a court-ordered Next, an amendment by Senator shall be transferred to the Attorney General until adequate personnel and resources allo- deadline when this happened, and I feel FAIRCLOTH to prevent funds being used cated to such activity at the Department of this is an opportunity for us to at least for the filing or maintaining of non- have language in there suggesting we Housing and Urban Development are trans- frivolous legal action, and achieving or ferred to the Department of Justice.’’ rescind compliance for that period of preventing action by a Government of- Mr. KENNEDY. Mr. President, this time. ficial, entity, or court of competent ju- appropriations bill, as reported by the Mr. President, I suggest the absence risdiction; of a quorum. Next, an amendment by Senator committee, contained an ill-advised proposal to transfer all enforcement The PRESIDENT pro tempore. The FAIRCLOTH to preserve the national oc- clerk will call the roll. cupancy standard of two persons per authority under the Fair Housing Act The legislative clerk proceeded to bedroom in the HUD regulations; from the Department of Housing and call the roll. Next, an amendment by Senator Urban Development to the Department Mr. BOND. Madam President, I ask FEINSTEIN to expand the eligible activi- of Justice. unanimous consent that the order for ties under the community development I am strongly opposed to any such the quorum call be rescinded. block grant to include reconstruction; transfer of authority, for reasons that I The PRESIDING OFFICER (Ms. Next, an amendment by Senator will describe in a moment. SNOWE). Without objection, it is so or- WARNER to impose a moratorium on But I and other opponents of the dered. the conversion of Environmental Pro- transfer proposal have agreed not to REMAINING EXCEPTED COMMITTEE AMENDMENTS tection Agency contracts for research offer an amendment to strike the pro- Mr. BOND. Madam President, I ask and development; vision because the chairman of the sub- unanimous consent that the remaining Next, an amendment by Senators committee has agreed to include in the committee amendments previously ex- MOYNIHAN and D’AMATO to transfer a managers’ package an amendment to cepted from adoption be adopted en special purpose grant for renovation of postpone any transfer of enforcement bloc at this time. central terminal in Buffalo, NY, mak- authority on the transfer of adequate The PRESIDING OFFICER. Is there ing available for central terminal and personnel and resources to the Depart- objection? other public facilities; ment of Justice. Mr. MCCAIN. Reserving the right to Next, an amendment by me to pro- Let me explain my reasons for oppos- object, could I ask the managers of the vide $6 million for the National and ing the transfer of fair housing enforce- bill to explain No. 12. Community Service Act of 1990 to re- ment authority. At the outset, I would Mr. BOND. Madam President, we are solve all responsibilities and obliga- note that this sweeping reorganization referring to the items that were ex- tions in connection with the said Cor- has not been the subject of a single day cepted by request of the other side. poration and the Corporation’s Office of hearings in the Judiciary Com- Mr. MCCAIN. I have no objection. of Inspector General; mittee. Since enactment of the Fair Mr. BOND. We are now prepared to And, finally, an amendment by Sen- Housing Act, each Department has put go through the list of amendments we ator FEINGOLD to require a report from in place the procedural mechanisms to propose to adopt en bloc in the man- the Secretary of the Department of fulfill its obligations under the act. In agers’ amendments. Housing and Urban Development on a scant 2 pages of legislative language, I will send these amendments to the the extent to which community devel- this bill seeks to change the funda- desk and ask unanimous consent that opment block grants have been utilized mental structure of fair housing en- they be considered en bloc. to facilitate the closing of an indus- forcement. The PRESIDING OFFICER. Without trial commercial plant for the substan- I was one of the members of the bi- objection, the remaining committee tial reduction and relocation and ex- partisan coalition that crafted the Fair amendments are agreed to. pansion of the plant. Housing Act amendments in 1988. That

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14382 CONGRESSIONAL RECORD — SENATE September 27, 1995 bill was a comprehensive, carefully September 30, 1995, HUD’s swift admin- Make no mistake about it—the re- considered set of improvements to the istrative investigation and resolution peal of HUD’s authority would severely act. One of the central components of of complaints would cease. In addition harm fair housing enforcement. HUD the 1988 bill was a division of responsi- HUD would be barred from seeking in- receives 10,000 complaints each year bility for fair housing enforcement be- junctions for plaintiffs whose injuries filed by those alleging housing dis- tween the Department of Justice and are immediate and irreparable, con- crimination. HUD’s 10 regional enforce- the Department of Housing and Urban tinuing settlement negotiations al- ment centers take action on every Development. In fact, the enforcement ready in progress, investigating com- bona fide complaint, by investigating, scheme was the product of lengthy dis- plaints, or even providing counsel in conciliating, and otherwise overseeing cussions with the real estate industry pending litigation. As a result, the law the disposition of each complaint. HUD itself. protecting people from discrimination resolves most of its cases through the Under the current structure, the De- in housing would become a dead letter. conciliation process. partment of Housing and Urban Devel- My willingness to negotiate a post- DOJ simply cannot devote such re- opment responds to discrimination ponement of the transfer should not be sources to enforcement of the Fair complaints and provide administrative interpreted to mean that I now support Housing Act given its current respon- enforcement of those complaints. It is the transfer of enforcement authority. sibilities and structure. DOJ’s Civil the only agency which maintains a sys- I do not. I intend to work over the Rights Office is not an investigative tem of field investigators and the legal course of the next 18 months to prevent agency with a field office structure to staff necessary to respond to com- this transfer from taking place. investigate individual complaints. plaints of discrimination in housing. It I understand the managers’ amend- DOJ’s investigative arm is the FBI, is the only agency which investigates ment to mean that over the next 18 which would have tremendous difficul- housing discrimination complaints and months, both the Judiciary Committee ties handling the volume of housing provides administrative hearings to re- and the Banking Committee will exam- discrimination cases, and would be de- duce the need for litigation. It is the ine this proposal and its implications. terred from its own crucial responsibil- only agency with a specific process to If we conclude that such transfer is un- ities. encourage voluntary compliance with warranted, we will act to avert it by Moreover, under current law, HUD is the Fair Housing Act. subsequent legislation. And it is fur- responsible for providing administra- HUD is the only agency which can ef- ther my understanding, as one who has tive hearings, writing regulations, and ficiently and effectively combat hous- negotiated this compromise, that no overseeing fair housing policies. If the ing discrimination on a daily basis be- transfer of the legal authority to en- transfer of authority occurred, DOJ cause it is the only agency which was force the Fair Housing Act shall ever would need to develop its own national set up to enforce the Fair Housing Act take effect until and unless adequate infrastructure to implement the ad- on a daily basis. personnel and resources are provided to ministrative enforcement program al- Only after HUD has conducted a the Department of Justice to enforce ready in place at HUD. Not only does through investigation and attempted the act with the same rigor and dedica- DOJ lack experience in running admin- to settle the dispute short of litigation, tion as HUD currently does. istrative enforcement programs, but does the Department of Justice become Above all, I oppose any legislative ef- this transfer of authority would be ex- involved in the case. In fact, only one fort to weaken the Fair Housing Act. tremely costly. Enforcement of this in five cases is ever referred by HUD to The Senate wisely accepted the Fein- important legislation would create un- the Department of Justice. In 1995, al- gold amendment to ensure that the in- necessary transition costs to the tax- most half of all complaints filed with surance industry is covered by the act. payer. HUD were resolved through concilia- And our resolution of the enforcement Unfortunately, the decision to trans- tion. question ensures that there will be no fer HUD’s authority to DOJ is being The Department of Justice is the Na- precipitous transfer of authority—and done without the benefit of public de- tion’s litigator. Its only investigatory perhaps no transfer at all if cooler liberation and debate. It is my under- branch is the FBI. The Justice Depart- heads prevail. standing that this proposal has not ment is ill-equipped to handle the Mr. SIMON. Mr. President. I strongly been the subject of hearings in either major structural change involved in as- object to a provision in the fiscal year committee of jurisdiction—the Judici- suming HUD’s obligations under the 1996 Veterans Administration/Housing ary Committee or Banking Committee. Fair Housing Act. The Department and Urban Development, VA–HUD, ap- In addition, neither HUD nor DOJ was would have to set up a structure to re- propriations bill. The provision repeals consulted prior to the provision’s in- ceive, investigate, process, prosecute the Department of Housing and Urban clusion in this appropriations bill. and adjudicate over 10,000 complaints Development’s, HUD, Fair Housing Act Even more importantly, both HUD and annually. Concurrently, it would have enforcement authority and transfers it DOJ are strenuously opposed to the to administer field enforcement in sev- to the Department of Justice, DOJ. transfer of authority. eral State offices. The Justice Depart- While I appreciate the efforts of Sen- A host of organizations, representing ment has no State offices for such pur- ator BOND to work with me to improve a broad spectrum of interests, also op- poses, and has no resources for pro- the language of the provision and to poses the provision. The Leadership curing such offices. In effect, the De- give some time before the transfer of Conference on Civil Rights, an um- partment of Justice would have to re- authority is to take place, I still be- brella group over 100 civil right groups, create the structure already present in lieve that the approach in this bill is as well as the National Association of HUD; all at a cost to the American tax- wrong. Realtors, Institute of Real Estate Man- payer. The VA–HUD Subcommittee report agement, National Apartment Associa- The Justice Department does not states that ‘‘[t]he intent of this provi- tion, National Assisted Housing Man- have the capacity, nor does it want, to sion is not to minimize the importance agement Association, National Leased take on HUD’s enforcement obligations of addressing housing discrimination in Housing Authorities, and the National under the Fair Housing Act. It is a this Nation.’’ Unfortunately, this pro- Multi-Housing Council, all oppose the waste of time and money to mandate vision does just that. transfer. this restructuring when HUD already The subcommittee report also states In 1988, the Fair Housing Act was has a system in place—a system which that ‘‘the Justice Department with its carefully crafted to ensure that there works to effectively and quickly inves- own significant responsibilities to ad- was an effective and efficient mecha- tigate and resolve discrimination com- dress all forms of discrimination rep- nism for addressing fair housing con- plaints. Both Attorney General Reno resents a good place to consolidate and cerns. The Department of Housing and and Secretary Cisneros oppose the to provide consistency for the Federal urban Development, the source of pol- transfer proposal. Government to combat discrimination icymaking and expertise in the area of If H.R. 2099 were to pass without the ***’’ The Justice Department itself housing, was determined to be the changes in the managers’ amendment, has said that it would not be such an most appropriate agency to address the effect would be devastating. As of appropriate place. these concerns. While it may be true

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14383 that there have been problems with en- 1989, banks have been required to re- In 1994, HUD was able to resolve over forcement, certainly the solution does port the race of their loan applicants. 40 percent of the discrimination cases not lie in dismantling this carefully From that information we find that, with conciliation—neither side ever crafted enforcement mechanism with according to the Federal Reserve, in had to go to court. HUD resolves over one stroke of the pen. In closing, I urge 1990, minorities of all incomes were re- five cases through the conciliation my colleagues to reject the inclusion of jected for mortgage loans at more than process for every one it refers for liti- this provision in the final version of twice the rate of whites. gation. this bill, and I will be working toward A study by the National Community If HUD believes a violation of the law that end. Reinvestment Coalition in 1994 found may have occurred, a complainant may Also, I concur in the views expressed that moderate-income and minority in- be provided with Government represen- by Senator KENNEDY concerning the ef- dividuals were being consistently un- tation at no cost. fect of the postponement of the trans- derserved by 52 large mortgage lenders. The Department of Housing and fer proposal and the conditions under According to a study by the National Urban Development has worked hard to which that transfer would take place. Association of Insurance Commis- improve their antidiscrimination ef- Ms. MOSELEY-BRAUN. Mr. Presi- sioners, which examined the avail- forts and wants to continue their ef- dent, while I appreciate the coopera- ability and price of homeowners insur- forts. The Department of Justice be- tion of the Senator from Missouri, Sen- ance in 25 cities in 13 States, average lieves that the appropriate place for ator BOND, in allowing for a delay in premiums are higher, and availability these efforts is with the Department of the proposed transfer of fair housing more limited in minority areas, even Housing and Urban Development. enforcement from the Department of when loss costs are taken into account. If there is a pattern or practice of Housing and Urban Development to the According to a study by the Missouri housing discrimination, the Attorney Department of Justice, I strongly ob- Insurance Commissioner, among the 20 General can bring civil action in a Fed- ject to the transfer occurring at all. largest Missouri homeowner insurance eral district court. One of the most powerful symbols of companies, 5 have minority market Any case before HUD that goes before America is the home. Having a home is shares of less than one-twentieth their Federal court is handled by the Depart- ment of Justice already. the American dream. Every parent share of the white markets. I would like to take a moment to The traditional role and expertise of wants to raise their child in a safe, de- thank Majority Leader DOLE and Sen- DOJ has been to litigate cases, not to cent home. Every young couple wants ator BOND for their assistance in pass- perform administrative enforcement. to live in a place of their own. Every ing Senator FEINGOLD’s amendment HUD operates a system of administra- grandparent wants a home where the providing for the continued enforce- tive adjudication of complaints using family can visit. ment of the Fair Housing Act in cases administrative law judges. The Fair Housing Act guarantees of discrimination in the granting of The Department of Justice does not that every American has a chance at homeowners insurance. We preserved have the people or the field office home—a chance that cannot be denied an important civil rights protection structure to handle the caseload or in- because of their race, gender, national today. vestigate individual complaints. The origin, color, religion, family status, or HUD is better suited to enforcing the Civil Rights Division of the Depart- disability. Fair Housing Act than the Department ment of Justice is not an investigative In 1988, the U.S. Congress, after care- of Justice. agency. The investigative arm of the ful deliberation, voted overwhelmingly HUD’s ability to enforce the Fair Department of Justice is the FBI. to strengthen enforcement of the Fair Housing Act was strengthened in 1988 This transfer is premature and ill- Housing Act. President Reagan and when they were given the ability to in- conceived. There have been no hear- Vice President Bush strongly sup- vestigate, conciliate, and bring suit in ings, no reports issued, and no analysis ported Congress’ efforts. cases where discrimination was occur- recommending that the Fair Housing The 1988 amendments to the Fair ring. Previously, HUD was not allowed Act enforcement authority be trans- Housing Act established an administra- to play an official role in combating ferred from HUD to the Department of tive enforcement procedure within any of the housing discrimination it Justice. HUD to facilitate speedy investigation witnessed. Appropriations bills are not the ap- and resolution of fair housing com- HUD investigates all complaints. If propriate place to effect major policy plaints as an alternative to filing suit HUD finds that there is a basis for a changes. This is a proposal that should in Federal courts, where there are complaint and no conciliation can be receive the consideration of the Judici- lengthy delays. reached, the parties have the option of ary Committee at the very least since From 1989 to 1994, the number of dis- having a hearing before an administra- its effects would so dramatically effect crimination complaints HUD received tive law judge or a Federal trial. If any the Department of Justice. more than doubled. The number now person or HUD chooses a Federal trial It is true that the process for han- stands at around 10,000 complaints a that is the venue. dling discrimination complaints is not year. The Department of Housing and flawless. The Department of Housing Here’s an example of the type of com- Urban Development now investigates and Urban Development is having to plaint HUD investigates: A woman in 10,000 cases a year. work hard to make their Fair Housing Chicago was being sexually harassed by The Department of Housing and Office effective and responsive. But, her landlord. He was found to have con- Urban Development is in a unique posi- there is no compelling reason for a sistently conditioned women’s tenancy tion to combat discrimination in hous- transfer of enforcement authority to on their performing sexual favors for ing and to make fair housing policy de- occur. The practical effect of this move him. HUD investigated the case, the cisions within an overall housing pol- would be to reduce the protections af- Department of Justice brought charges icy framework. HUD works with ten- forded to the victims of housing dis- and he was found guilty and made to ants, landlords, mortgage lenders, ad- crimination. pay $180,000. vocacy groups, and others every day in The Department of Justice cannot Here’s another example: an African- nonadversarial ways. and should not handle the investigative American was turned down for an HUD maintains a field operation to and conciliation functions of HUD. The apartment in a predominantly white receive complaints, including 10 re- administrative law judges free up the New England city because another Af- gional offices and has a staff of over 600 Federal courts and reduce the time it rican-American already lived in the in the Office of Fair Housing and Equal takes for disputes to be resolved. building and the landlord thought the Opportunity Office; of the 10,000 com- If this is a change that should occur, neighbors might care. HUD’s Fair plaints it receives, HUD investigates the Congress should hear testimony Housing Office negotiated a settlement each one and attempts conciliation in and be presented with evidence that and the man received $2,500. each case. HUD provides for adminis- the transfer is in the best interests of Discrimination in granting mort- trative hearings and for administering the country and the people facing dis- gages and homeowners insurance con- voluntary compliance programs, grant crimination. I am willing to study the tinues to be a serious problem. Since programs and interpretive actions. issue further.

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14384 CONGRESSIONAL RECORD — SENATE September 27, 1995 It is my belief that we should let the this Act, the Administrator of the Environ- section 548(a) of the National Energy Con- Department of Housing and Urban De- mental Protection Agency (EPA) shall enter servation Policy Act (42 U.S.C. 8258(a)) a de- velopment continue to work with the into an arrangement with the National scription of the results of the activities car- Department of Justice to ensure that Academy of Sciences to investigate and re- ried out under subsection (a) and rec- ommendations concerning how to further re- every person, every family, has the op- port on the scientific bases for the public recommendations of the EPA with respect to duce energy costs and energy consumption in portunity to have a home. indoor radon and other naturally occurring the future. Mr. BRADLEY. Mr. President, I rise radioactive materials (NORM). The National (2) BY SECRETARY OF ENERGY.—The reports in support of the Moseley-Braun Academy shall examine EPA’s guidelines in required under paragraph (1) shall be in- amendment requiring that the transfer light of the recommendations of the Na- cluded in the annual reports required to be of enforcement of housing discrimina- tional Council on Radiation Protection and submitted to Congress by the Secretary of tion from the Department of Housing Measurements, and other peer-reviewed re- Energy under section 548(b) of the Act (42 and Urban Development [HUD] to the search by the National Cancer Institute, the U.S.C. 8258(b)). Centers for Disease Control, and others, on (3) CONTENTS.—With respect to the period Department of Justice [DOJ] cannot since the date of the preceding report, a re- take place unless DOJ is given ade- radon and NORM. The National Academy shall summarize the principal areas of agree- port under paragraph (1) or (2) shall— quate resources and manpower to con- (A) specify the total energy costs of the fa- ment and disagreement among the above, tinue administrative enforcement of cilities used by the agency; and shall evaluate the scientific and tech- (B) identify the reductions achieved; the Fair Housing Act. nical basis for any differences that exist. Not Mr. President, I am opposed to trans- (C) specify the actions that resulted in the later than 18 months after the date of enact- reductions; ferring enforcement authority from ment of this Act, the Administrator shall (D) with respect to the procurement proce- HUD to DOJ. Establishing an organiza- submit to Congress the report of the Na- dures of the agency, specify what actions tional and physical infrastructure to tional Academy and a statement of the Ad- have been taken to— handle administrative enforcement of ministrator’s views on the need to revise (i) implement the procurement authorities housing discrimination at the Depart- guidelines for radon and NORM in response provided by subsections (a) and (c) of section ment of Justice represents a poor pol- to the evaluation of the National Academy. 546 of the National Energy Conservation Pol- Such statement shall explain and differen- icy Act (42 U.S.C. 8256); and icy choice and a needless expenditure tiate the technical and policy bases for such (ii) incorporate directly, or by reference, of taxpayer funds. Such a transfer views.’’ the requirements of the regulations issued would not result in improvements in by the Secretary of Energy under title VIII either efficiency or function. However, AMENDMENT NO. 2798 of the Act (42 U.S.C. 8287 et seq.); and Mr. President, I support this amend- (Purpose: To reduce the energy costs of Fed- (E) specify— (i) the actions taken by the agency to ment requiring that such a transfer eral facilities for which funds are made achieve the goal specified in subsection available under this Act) cannot occur unless continued adminis- (a)(2); trative enforcement of housing dis- At the appropriate place, insert the fol- (ii) the procurement procedures and meth- crimination is ensured. lowing: ods used by the agency under section Pursuant to the Fair Housing Act, SEC. . ENERGY SAVINGS AT FEDERAL FACILI- 546(a)(2) of the Act (42 U.S.C. 8256(a)(2)); and HUD has an administrative structure TIES. (iii) the number of energy savings perform- that is responsible for enforcing fair (a) REDUCTION IN FACILITIES ENERGY ance contracts entered into by the agency housing violations against individuals. COSTS.— under title VIII of the Act (42 U.S.C. 8287 et Administrative functions include writ- (1) IN GENERAL.—The head of each agency seq.). for which funds are made available under Mr. BINGAMAN. Madam President, I ing regulations, seeking voluntary this Act shall— compliance agreements with members rise today to commend the two floor (A) take all actions necessary to achieve managers of the bill, the distinguished of the housing industry, and estab- during fiscal year 1996 a 5 percent reduction, lishing and overseeing a network of from fiscal year 1995 levels, in the energy Senator from Missouri [Mr. BOND], and State and local agencies to process costs of the facilities used by the agency; or the distinguished Senator from Mary- complaints under local fair housing (B) enter into a sufficient number of en- land [Ms. MIKULSKI], and their staff, for laws and ordinances. Roughly 10,000 ergy savings performance contracts with pri- their excellent and efficient manage- fair housing complaints are filed annu- vate sector energy service companies under ment of the VA–HUD Fiscal Year 1996 title VIII of the National Energy Conserva- ally with HUD, and the agency has 10 Appropriations Act. tion Policy Act (42 U.S.C. 8287 et seq.) to I would like to take a few moments regional enforcement centers around achieve during fiscal year 1996 at least a 5 the country to process these com- to discuss an amendment I am offering percent reduction, from fiscal year 1995 lev- on this appropriations bill. My amend- plaints. els, in the energy use of the facilities used by In contrast to HUD’s mandate to in- the agency. ment encourages agencies funded under vestigate individual complaints and to (2) GOAL.—The activities described in para- the bill to become more energy effi- settle disputes administratively, DOJ graph (1) should be a key component of agen- cient and directs them to reduce facil- has independent authority under the cy programs that will by the year 2000 result ity energy costs by 5 percent. The Fair Housing Act to enforce through in a 20 percent reduction, from fiscal year agencies will report to the Congress at litigation violations of the act where it 1985 levels, in the energy use of the facilities the end of the year on their efforts to used by the agency, as required by section finds a pattern and practice of dis- conserve energy and will make rec- 543 of the National Energy Conservation Pol- ommendations for further conservation crimination. DOJ does not have the in- icy Act (42 U.S.C. 8253). efforts. I have offered this amendment frastructure to handle individual fair (b) USE OF COST SAVINGS.—An amount housing complaints. For example, it equal to the amount of cost savings realized to every appropriations bill that has does not have an investigative agency by an agency under subsection (a) shall re- come before the Senate this year, and with a field office structure to inves- main available for obligation through the it has been accepted to each one. tigate individual complaints. end of fiscal year 2000, without further au- I believe this is a common-sense Mr. President, transferring enforce- thorization or appropriation, as follows: amendment: The Federal Government ment authority from HUD to DOJ (1) CONSERVATION MEASURES.—Fifty per- spends nearly $4 billion annually to cent of the amount shall remain available would require DOJ to recreate a struc- heat, cool, and power its 500,000 build- for the implementation of additional energy ings. The Office of Technology Assist- ture that already exists at HUD. While conservation measures and for water con- I oppose such a transfer, I nevertheless servation measures at such facilities used by ance and the Alliance to Save Energy, support my colleague from Illinois in the agency as are designated by the head of a non-profit group which I chair with requiring that such a transfer cannot the agency. Senator JEFFORDS, estimate that Fed- occur unless the resources and man- (2) OTHER PURPOSES.—Fifty percent of the eral agencies could save $1 billion an- power are provided to ensure continued amount shall remain available for use by the nually if they would make an effort to administrative enforcement of the Fair agency for such purposes as are designated become more energy efficient and con- Housing Act. by the head of the agency, consistent with serve energy. applicable law. Madam President, I hope this amend- AMENDMENT NO. 2797 (c) REPORTS.— (Purpose: To provide for a study by the (1) BY AGENCY HEADS.—The head of each ment will encourage agencies to use National Academy of Sciences) agency for which funds are made available new energy savings technologies when At the appropriate place, insert: ‘‘Not later under this Act shall include in each report of making building improvements in insu- than 90 days after the date of enactment of the agency to the Secretary of Energy under lation, building controls, lighting,

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14385 heating, and air conditioning. The De- 107(b)(3) of the Housing and Community De- preferences’ and all that follows through the partment of Energy has made available velopment Act of 1974)’’. period at the end and inserting ‘any pref- for government-wide agency use On page 40, beginning on line 20, strike out erences’.’’. streamlined energy saving performance ‘‘public and Indian housing agencies’’ and in- On page 76, line 20, strike out ‘‘(E)’’ and in- sert in lieu thereof ‘‘public housing agencies sert ‘‘(D)’’. contracts procedures, modeled after (including Indian housing authorities), non- On page 77, lines 3 and 4, strike out ‘‘selec- private sector initiatives. Unfortu- profit corporations, and other appropriate tion criteria’’ and insert in lieu thereof ‘‘sys- nately, most agencies have made little entities’’. tem of preferences for selection’’. progress in this area. This amendment On page 40, Line 22, strike out ‘‘and’’ the On page 86, line 1, strike out ‘‘of issuance is an attempt to get Federal agencies second time it appears and insert a comma. and’’. to devote more attention to energy ef- On page 40, line 24, insert after ‘‘143f)’’ the On page 87, line 13, ‘‘evaluations of’’ insert ficiency, with the goal of lowering following: ‘‘, and other low-income families ‘‘up to 15’’. and individuals’’. overall costs and conserving energy. On page 87, line 17, strike out ‘‘(d)’’ and in- On page 41, line 5, after ‘‘Provided’’ insert sert ‘‘(e)’’. As I mentioned, Madam President, ‘‘further’’. On page 90, line 2, strike out ‘‘Secretary.’’ this amendment has been accepted to On page 41, line 6, after ‘‘shall include’’ in- and insert ‘‘Secretary; and’’. every appropriations bill the Senate sert ‘‘congregate services for the elderly and On page 90, line 5, strike out ‘‘agree to co- has passed this year. I ask that my col- disabled, service coordinators, and’’. operate with’’ and insert in lieu thereof leagues support it. On page 45, line 24, strike out ‘‘originally’’ ‘‘participate in a’’. and insert in lieu thereof ‘‘originally’’. AMENDMENT NO. 2799 On page 92, line 21, strike out ‘‘final’’. On page 45, strike out the matter after On page 95, line 9, after ‘‘agency’’ insert (Purpose: To increase amounts provided for ‘‘That’’ on line 26, through line 5 on page 46, ‘‘in connection with a program authorized FEMA salaries and expenses, Office of the and insert in lieu thereof ‘‘the Secretary under section 542 (b) or (c) of the Housing Inspector General, and emergency food and may use any negative subsidy amounts from and Community Development Act of 1992’’. shelter) the sale of such assigned mortgage notes On page 95, strike out lines 11 and 12, and On page 153, line 17, strike ‘‘$166,000,000’’, during fiscal year 1996 for the disposition of insert in lieu thereof ‘‘542(c)(4) of such Act.’’. and insert ‘‘$168,900,000’’. properties or notes under this heading.’’. On page 95, strike out the matter begin- On page 153, line 21, strike ‘‘$4,400,000’’, and On page 47, strike out the matter after ning with ‘‘a’’ on line 17 through ‘‘section’’ insert ‘‘$4,673,000’’. ‘‘That’’ on line 17, through ‘‘Development’’ on line 18, and insert in lieu thereof ‘‘an as- On page 154, line 13, strike ‘‘$100,000,000’’, on line 25, and insert in lieu thereof ‘‘the sistance contract under this section, other and insert ‘‘$114,173,000’’. Secretary may use any negative subsidy than a contract for tenant-based assist- amounts from the sale of such assigned ance,’’. AMENDMENT NO. 2800 mortgage notes during fiscal year 1996, in ad- on page 96, line 10, strike out ‘‘years’’ and (Purpose: To make technical corrections and dition to amounts otherwise provided, for insert ‘‘year’’. modifications to the Committee amend- the disposition of properties or notes under On page 102, line 18, strike out ‘‘section ment to H.R. 2099) this heading (including the credit subsidy for 216(c)(4) hereof’’ and insert in lieu thereof the guarantee of loans or the reduction of On page 22, line 5, insert the following: ‘‘paragraph (4)’’. positive credit subsidy amounts that would On page 106, line 8, strike out ‘‘subject to’’ ‘‘SEC. 111. During fiscal year 1996, not to otherwise be required for the sale of such exceed $5,700,000 may be transferred from and insert in lieu thereof ‘‘eligible for’’. properties or notes), and for any other pur- On page 106, line 14, strike out ‘‘(8 NC/SR)’’ ‘Medical care’ to ‘Medical administration pose under this heading’’. and miscellaneous operating expenses.’ No and insert in lieu thereof ‘‘the section 8 new On page 68, line 1, after ‘‘Section 1002’’ in- construction or substantial rehabilitation transfer may occur until 20 days after the sert ‘‘(d)’’. Secretary of Veterans Affairs provides writ- program’’. On page 69, lines 5 and 6, strike out ‘‘Not- On page 106, line 15, strike out ‘‘subject to’’ ten notice to the House and Senate Commit- withstanding the previous sentence’’ and in- tees on Appropriations.’’ and insert in lieu thereof ‘‘eligible for’’. sert in lieu thereof ‘‘Where the rent deter- On page 107, line 6, strike out ‘‘Sec 217.’’ On page 27, line 23, insert a comma after mined under the previous sentence is less the word ‘‘analysis’’. and insert ‘‘Sec. 215.’’. than $25’’. On page 117, line 8, strike out ‘‘subpara- On page 28, line 1, strike out ‘‘program On page 70, line 12, strike out ‘‘and’’ and and’’ and insert in lieu thereof ‘‘program,’’. graphs’’ and insert ‘‘subsections’’. insert in lieu thereof ‘‘any’’. On page 117, line 10, strike out ‘‘sub- On page 28, line 18, strike out ‘‘or court or- On page 71, line 1, strike out ‘‘(A) IN GEN- sections’’ and insert ‘‘subparagraphs’’. ders’’. ERAL.—’’. On page 117, line 11, strike out ‘‘subpara- On page 28, line 20, strike out ‘‘and’’. On page 71, strike out lines 11 through 18. graph’’ and insert ‘‘subsection’’. On page 29, line 13, strike out ‘‘amount’’ On page 72, line 6, after ‘‘comment,’’ insert On page 118, strike out lines 19 through 21, and insert in lieu of ‘‘$624,000,000’’. ‘‘a’’. and insert in lieu thereof the following: On page 29, line 17, strike out ‘‘plan of ac- On page 72, line 7, strike out ‘‘are’’ and in- ‘‘(1) Subsection (a) is amended by— tions’’ and insert in lieu thereof ‘‘plans of ac- sert ‘‘is’’. ‘‘(A) striking out in the first sentence ‘low- tion’’. On page 72, line 18, after ‘‘comment,’’ in- income’ and inserting in lieu thereof ‘very On page 29, line 21, strike out ‘‘be closed’’ sert ‘‘a’’. and insert in lieu thereof ‘‘close’’. On page 72, line 19, strike out ‘‘are’’ and in- low-income’; and On page 29, lines 23 and 24, strike out sert ‘‘is’’. (B) striking out ‘eligible low income hous- ‘‘$624,000,000 appropriated in the preceding On page 74, line 6, strike out ‘‘selection cri- ing’ and inserting in lieu thereof ‘housing fi- proviso’’ and insert in lieu thereof ‘‘fore- teria’’ and insert in lieu thereof ‘‘system of nanced under the programs set forth in sec- going $624,000,000’’. preferences for selection’’. tion 229(1)(A) of this Act’.’’. On page 30, line 2, strike out ‘‘the discre- On page 74, line 11, strike out ‘‘selection On page 120, line 2, strike out ‘‘Subsection’’ tion to give’’ and insert in lieu thereof ‘‘giv- criteria’’ and insert in lieu thereof ‘‘system and insert ‘‘Paragraph’’. ing’’. of preferences for selection’’. On page 120, strike out lines 18 through 22, On page 30, line 12, strike out ‘‘proviso’’ On page 74, strike out lines 13 through 16, and insert in lieu thereof the following: and insert in lieu thereof ‘‘provision’’. and redesignate subsequent paragraphs. ‘‘(2) Paragraph (8) is amended— On page 32, line 10, strike out ‘‘purpose’’ On page 75, line 1, strike out ‘‘selection cri- (A) by deleting in subparagraph (A) the and insert in lieu thereof ‘‘purposes’’. teria’’ and insert in lieu thereof ‘‘system of words ‘determining the authorized return On page 33, line 6, strike out ‘‘purpose’’ and preferences for selection’’. under section 219(b)(6)(ii)’; insert in lieu thereof ‘‘purposes’’. On page 75, strike out the matter begin- (B) by deleting in subparagraph (B) ‘and On page 33, line 10, strike out ‘‘deter- ning on line 12 through line 19 on page 76, 221’; and mined’’ and insert in lieu thereof ‘‘deter- and insert in lieu thereof the following: (C) by deleting in subparagraph (B) the mines’’. ‘‘(B) CRANSTON-GONZALEZ NATIONAL AF- words ‘acquisition loans under’’’. On page 33, strike out lines 15 and 16, and FORDABLE HOUSING ACT.—Section 522(f)(b)(B) On page 121, line 3, strike out ‘‘Subsection’’ insert in lieu thereof ‘‘funding made avail- of the Cranston-Gonzalez National Afford- and insert ‘‘Paragraph’’. able pursuant to this paragraph and that has able Housing Act (42 U.S.C. 12704 et seq.) is On page 122, line 4, strike out ‘‘Subsection’’ not been obligated by the agency and dis- amended by striking ‘any preferences for and insert ‘‘Paragraph’’. tribute such funds to one or more’’. such assistance under section 8(d)(1)(A)(i)’ On page 122, line 13, strike out ‘‘Sub- On page 33, line 23, strike out ‘‘agencies and inserting ‘written system of preferences section’’ and insert ‘‘Section’’. and’’ and insert ‘‘agencies and to’’. for selection established pursuant to section On page 122, line 21, strike out ‘‘Sub- On page 40, strike out line 9 and insert ‘‘a 8(d)(1)(A)’. section’’ and insert ‘‘Section’’. grant made available under the preceding ‘‘(C) HOUSING AND COMMUNITY DEVELOPMENT On page 147, line 17, before the period, in- proviso to the Housing Assistance Council or ACT OF 1992.—Section 655 of the Housing and sert the following: the National American Indian Housing Coun- Community Development Act of 1992 (42 ‘‘: Provided further, That of the funds appro- cil, or a grant using funds under section U.S.C. 13615) is amended by striking ‘the priated in the Construction Grants and

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14386 CONGRESSIONAL RECORD — SENATE September 27, 1995 Water Infrastructure/State Revolving Funds Housing Act. That is until Henry AMENDMENT NO. 2805 accounts since the appropriation for the fis- Cisneros became Secretary of HUD. (Purpose: To impose a moratorium during cal year ending September 30, 1992, and here- Secretary Cisneros and his Deputy Ro- fiscal year 1996, and to require a report, on after, for making grants for wastewater berta Achtenberg have disagreed with the conversion of Environmental Protec- treatment works construction projects, por- the traditional occupancy standard, ar- tion Agency contracts for research and de- tions may be provided by the recipients to velopment) states for managing construction grant ac- guing that it discriminates against tivities, on condition that the states agree to larger families. At the appropriate place in title III, insert reimburse the recipients from state funding In July of this year HUD General the following: sources’’. Counsel Diaz issued a memorandum SECTION 3—EPA RESEARCH AND DEVELOPMENT On page 149, line 19, strike ‘‘phase IV’’ and which, in effect, supplants the two-per- ACTIVITIES AND STAFFING. insert in lieu thereof ‘‘phase VI’’. bedroom standard, and may force hous- (a) STAR PROGRAM.—The Administrator of the Environmental Protection Agency may AMENDMENT NO. 2801 ing owners to accept six, seven, eight, or even nine people into a two-bedroom not use any funds made available under this (Purpose: To extend the date that funds are ACT to implement the Science to Achieve reserved for the safe drinking water revolv- apartment. Results (STAR) program unless— ing fund, if authorized, to April 30, 1996. Mr. Diaz’s standard is without merit. (1) the use of the funds would not reduce This provides additional time to permit en- Mr. Diaz has used the BOCA—Building any funding available to the laboratories of actment of Safe Drinking Water Act reau- Officials and Code Administrators— the Agency for staffing, cooperative agree- thorization which will release these funds Property Maintenance Code as a foun- ments, grants, or support contracts; or to initiate a financial assistance program) dation for his occupancy standard. The (2) the Appropriations Committees of the On page 147, line 6, strike ‘‘December 31, Senate and House of Representatives grant 1995’’ and insert ‘‘April 30, 1996’’. BOCA code is a health and safety code prior approval. Transfers of funds to support On page 147, line 17, strike ‘‘December 31, specifically drafted by engineers and STAR activities shall be considered a re- 1995’’ and insert ‘‘April 30, 1996’’. architects to provide guidance to mu- nicipalities on the maximum number programming of funds. Further, said ap- AMENDMENT NO. 2802 proval shall be contingent upon submission On page 128, add a new section to the bill: of individuals who may safely occupy of a report to the Committees as specified in SEC. . None of the funds provided in this any building. It was never intended to Section (c)(2) below. Act may be used during Fiscal Year 1996 to alter the minimum number of family (b) CONTRACTOR CONVERSION.—The Admin- investigate or prosecute under the Fair members HUD could require owners to istrator of the Environmental Protection Housing Act (42 U.S.C. 3601, et seq.) any oth- accept under fair housing law. Agency may not use any funds to— erwise lawful activity engaged in by one or more persons, including the filing or main- The code was adopted without any (1) hire employees and create any new staff taining of non-frivolous legal action, that is consultation, public hearings, or anal- positions under the contractor conversion engaged in solely for the purposes of— ysis of its impact of the Nation’s rental program in the Office of Research and Devel- (1) achieving or preventing action by a gov- housing industries. That is wrong. It opment. ernment official, entity, or court of com- was not the intent of Congress to allow (c) REPORT.—Not later than January 1, petent jurisdiction. HUD to establish a national occupancy 1996, the Administrator shall submit to the AMENDMENT NO. 2803 Appropriations Committees of the Senate standard. Secretary Cisneros, through and House of Representatives a report which: On page 128, add a new section to the bill: HUD’s general counsel, has cir- SEC. . None of the funds provided in this (1) provides a staffing plan for the Office of cumvented the Federal Government’s Research and Development indicating the Act may be used to take any enforcement ac- rule making process by imposing this tion with respect to a complaint of discrimi- use of Federal and contract employees; nation under the Fair Housing Act (42 U.S.C. standard through an advisory without (2) identifies the amount of funds to be re- 3601, et seq.) on the basis of familial status public hearings. programmed to STAR activities, and; and which involves an occupancy standard This amendment blocks HUD’s at- (3) provides a listing of any resource reduc- established by the housing provider except to tempt to set a national occupancy tions below fiscal year 1995 funding levels, by the extent that it is found that there has standard through an advisory. I urge specific laboratory, from Federal staffing, been discrimination in contravention of the my colleagues to support the amend- cooperative agreements, grants, or support standards provided in the March 20, 1991 ment. contracts as a result of funding for the STAR Memorandum from the General Counsel of program. the Department of Housing and Urban Devel- AMENDMENT NO. 2804 opment to all Regional Counsel or until such (Purpose: To make an amendment relating AMENDMENT NO. 2806 time that HUD issues a final rule in accord- to eligible activities under section 105 of (Purpose: To make an amendment relating ance with 5 U.S.C. 553. the Housing and Community Development to special purpose grants) Mr. KYL. Mr. President, I rise to co- Act of 1974, and for other purposes) On page 43, between lines 13 and 14, insert sponsor an amendment to H.R. 2099, the At the appropriate place in title II, insert the following: VA–HUD–independent agencies appro- the following new section: ‘‘The amount made available for fiscal priations bill. I am pleased to cospon- SEC. . CDBG ELIGIBLE ACTIVITIES. sor this amendment which will prohibit year 1995 for a special purpose grant for the Section 105(a) of the Housing and Commu- renovation of the central terminal in Buf- the Department of Housing and Urban nity Development Act of 1974 (42 U.S.C. falo, New York, shall be made available for Development [HUD] from enforcing a 5305(a)) is amended— the central terminal and for other public fa- complaint of discrimination on the (1) in paragraph (4)— cilities in Buffalo, New York.’’. basis of a housing provider’s occupancy (A) by inserting ‘‘reconstruction,’’ after standard, enforcement of which goes ‘‘removal,’’; and AMENDMENT NO. 2807 well beyond the standards described in (B) by striking ‘‘acquisition for rehabilita- (Purpose: To provide funding for the Cor- the March 20, 1991 memorandum of the tion, and rehabilitation’’ and inserting ‘‘ac- poration for National and Community quisition for reconstruction or rehabilita- general counsel of HUD to all Regional Service to permit the orderly termination tion, and reconstruction or rehabilitation’’; Counsel. of previously initiated activities and pro- Mr. President, an occupancy stand- (2) in paragraph (13), by striking ‘‘and’’ at grams, including the Corporation’s Office ard is one which specifies the number the end; of Inspector General) (3) by striking paragraph (19); of people who may live in a residential On page 130, strike out the matter begin- (4) in paragraph (24), by striking ‘‘and’’ at rental unit. An internal 1991 HUD ning with line 19 through line 2 on page 131, the end; memorandum, issued by former HUD and insert in lieu thereof the following: ‘‘For General Counsel Keating to all regional (5) in paragraph (25), by striking the period necessary expenses for the Corporation for at the end and inserting ‘‘; and’’; counsel, clearly established a straight- National and Community Service in carrying (6) by redesignating paragraphs (20) out the orderly terminations of programs, forward occupancy standard of ‘‘two through (25) as paragraphs (19) through (24), persons per bedroom’’ as generally rea- activities, and initiatives under the National respectively; and and Community Service Act of 1990, as sonable. (7) by redesignating paragraph (21) (as amended (Public Law 103–82), $6,000,000: Pro- The two-per-bedroom occupancy added by section 1012(f)(3) of the Housing and vided, That such amount shall be utilized to standard has been deemed reasonable Community Development Act of 1992) as resolve all responsibilities and obligations in within the enforcement of fair housing paragraph (25). connection with said Corporation and the discrimination laws under the Fair Amend the table of contents accordingly. Corporation’s Office of Inspector General.’’

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14387 AMENDMENT NO. 2808 Obviously, during a period of perma- tor, a key decision point, or the (Purpose: To provide for a report on the im- nent economic restructuring, which re- linchpin of the deal? pact of community development grants on sults in plant closings, downsizing of An examination of the findings by plant relocations and job dislocation) Federal programs and defense industry the Congress upon completion of such a At the appropriate place in the bill, add conversion, there is tremendous com- study would then become the basis for the following: petition between communities for new further legislative action if necessary. SEC. . REPORT ON IMPACT OF COMMUNITY DE- We thank the floor managers for rec- VELOPMENT FUNDS ON PLAN RELO- plants and other business expansions to CATIONS AND JOB DISLOCATION. offset other job losses. ognizing our legitimate concerns, and Not later than October 1, 1996, the Sec- States and local communities are for their willingness to work in a bipar- retary of the Department of Housing and doing everything they can to attract tisan fashion to help perfect this Urban Development shall submit to the ap- new business and retain existing busi- amendment. propriate Committees of the Congress a re- nesses. But we believe it is simply Mr. BOND. Madam President, these port on— (1) the extent to which funds provided wrong to use Federal dollars to help amendments have been cleared on both under section 106 (Community Development one community raid jobs from another sides. They are ready for adoption. Block Grants), section 107 (Special Purpose State. Ms. MIKULSKI. Madam President, Grants), and Section 108(q) (Economic Devel- There is no way we can justify to the we have cleared these amendments opment Grants) of the Housing and Commu- taxpayers in my State that they are with all of the relevant authorizing nity Development Act of 1974, have been di- sending their money to Washington to committees. There are no objections on rectly used to facilitate the closing of an in- be distributed to other States so that our side, and in many instances they dustrial or commercial plant or the substan- it can be used to attract jobs out of are enthusiastically either sponsored tial reduction of operations of a plant and re- sult in the relocation or expansion of a plant Wisconsin, leaving behind communities or approved. from one state to another; whose economic stability has been de- The PRESIDING OFFICER. Without (2) the extent to which the availability of stroyed. Thousands of people whose objection, the amendments are agreed such funds has been a substantial factor in jobs are directly, or indirectly lost as a to en bloc. the decision to relocate a plant from one result of the transfer of these jobs out The amendments (Nos. 2796 through state to another; of our State are justifiably outraged by 2808) en bloc were agreed to. (3) an analysis of the extent to which pro- visions in other laws prohibiting the use of this misuse of funds. Mr. BOND. Madam President, I move federal funds to facilitate the closing of an However, Madam President, after fur- to reconsider the vote by which the industrial or commercial plant or the sub- ther consideration, and consultation amendments were agreed to. stantial reduction in the operations of such with the floor managers we recognize Ms. MIKULSKI. I move to lay that plant and the relocation or expansion of a that indeed the underlying issue is motion on the table. plant have been effective; and complex. The motion to lay on the table was (4) recommendations as to how federal pro- Wisconsin, as are other States, is reg- agreed to. grams can be designed to prevent the use of Mr. BOND addressed the Chair. federal funds to directly facilitate the trans- ularly involved in the activity of at- fer of jobs from one state to another. tracting new business to the State, and The PRESIDING OFFICER. The Sen- retaining existing businesses. We rec- ator from Missouri. THE IMPACT OF COMMUNITY DEVELOPMENT ognize that economic incentive pro- Mr. BOND. Madam President, the FUNDS drill that we just went through took a Mr. FEINGOLD. Madam President, I posals developed to enhance the State’s little bit of time, but, frankly, I would rise today, with my colleague Senator opportunity often include a wide vari- ety of financial combinations including like to commend the Senator from Ari- KOHL to offer an amendment that re- zona and the Senator from Colorado, quires the Department of Housing and job training funds, tax incentives, in- because many times I have found that Urban Development to report on the frastructure improvements and other things I did not support have crept into impact of the use of Federal commu- financing tools. legislation in the past. I hope that by nity development funds on plant relo- These combinations often obscure doing this, we put all our colleagues, or cations and the resultant job disloca- the leveraged value of the Federal at least their staffs, on notice. We are tion. funds in the package in convincing a Our concern was generated by an an- company to make a decision to move beginning what I hope will be a useful nouncement made in 1994 by a major out of State. However, recognizing process, and I thank the Senators for employer in Wisconsin, Briggs & Strat- these factors does not clear the pic- recommending it. ton, that a Milwaukee plant would be ture, but begs the question of what is Mr. KERRY. Madam President, I closed, and 2,000 workers would be per- the impact of the Federal dollar in want to acknowledge the hard work of manently displaced. The actual eco- these situations in influencing the de- the distinguished chairman and rank- nomic impact upon this community is cisions of the targeted company. ing member of the VA-HUD Appropria- even greater since it is estimated that This amendment would address the tions Subcommittee in assembling this 1.24 related jobs will be lost for every 1 issue by directing the HUD Secretary complex appropriations bill. The di- of the 2,000 Briggs jobs affected. The to conduct a study over the next year, verse range of agencies funded by this devastating news was compounded by and report back to Congress with rec- bill—the Veterans Administration, the the subsequent discovery that many of ommendations on what would be a sen- Department of Housing and Urban De- these jobs were being transferred to sible legislative approach to both pro- velopment, the Environmental Protec- plants, which were being expanded in tecting the workers and communities tion Agency, the National Aeronautic two other States, and that Federal that lose businesses and employment and Space Administration, the Na- community development block grant, to other States, and how Federal funds tional Science Foundation, and numer- CDBG, funds were being used to facili- might be appropriately utilized in de- ous other independent agencies—makes tate the transfer of these jobs from one veloping economic opportunity for the VA-HUD bill one of the most dif- State to another. communities across the Nation, with- ficult appropriations bills to balance. Our initial response was to introduce out placing other communities in jeop- It is clear that the resource con- legislation prohibiting the use of such ardy. straints placed on the Appropriations funds for the relocation of plants and The study would examine and inves- Committee by the budget resolution the resultant job dislocation. The tigate the extent to which Federal this year made it impossible to fund House of Representatives agreed with community development funds are adequately all of the programs and ac- the approach and approved an identical used in combination with other Fed- tivities in the bill that are important amendment to the housing reauthor- eral, State or local revenue sources in to me, important to the people of Mas- ization bill. attracting new business from other sachusetts, and important to the peo- We believed at the time, and now States. The study would also examine ple of this country. Nonetheless, with that the CDBG program was designed and assess the degree to which Federal respect to the way in which the bill ad- to foster community and economic de- community development funds are key dresses housing and related programs, I velopment; not to help move jobs to a company’s decision to move—are thank the chairman and ranking mem- around the country. they incidental to the decision, a fac- ber are to be commended for good faith

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14388 CONGRESSIONAL RECORD — SENATE September 27, 1995 efforts to minimize the pain from the changes should help enable working troubled and do not enjoy a positive reductions. families to remain in public housing public image. The cuts, then, under- There are several items in the bill developments and improve the income score the need for the Congress to work that are quite positive, and I thank the mix of the public housing commu- harder to improve HUD’s management chairman and the ranking member for nities. I am less enthusiastic about a systems, and to reduce the workload including these. I am particularly provision in the bill that requires all placed on HUD’s staff by consolidating pleased that the bill includes an appro- residents to pay a minimum rent of $25 programs and devolving some HUD re- priation for the Youthbuild Program. per month, particularly in the context sponsibilities to other capable part- Youthbuild is working to provide kids of other cutbacks in programs of as- ners. We also need to be willing to take who live in tough places with some sistance to poor families. a more aggressive approach toward the confidence and some hope along with a There are, however, Madam Presi- poorly managed inventory and that solid package of job skills while con- dent, too many instances where I be- portion of the HUD-assisted inventory tributing to their communities the lieve the bill takes the wrong course. that has aged to the point of obsoles- products of their work in the form of First, and foremost, the bill makes cence. rehabilitated homes and other struc- major reductions in HUD’s total re- So, notwithstanding my broader con- tures. Youthbuild deserves our contin- sources. The bill cuts funding for pub- cerns with authorizing on an appro- ued support. lic housing operating subsidies, public priations bill and authorizing out of I am also a strong supporter of the housing modernization, homeless as- context, I note that several provisions provisions in this bill that fund the sistance, and the section 8 tenant- in this bill are helpful. For example, Community Development Block Grant based assistance. These HUD programs the bill allows HUD to consolidate and HOME Programs at the 1995 appro- serve the housing needs of the poorest seven categorical homeless programs priated levels. CDBG has a solid 20-year of the poor. Over time, underfunding into a formula grant program. This re- track record of providing flexible com- public housing will erode its quality as form will reduce HUD’s workload and munity development assistance to public housing authorities cut back on allow the Department to redeploy the State and local governments. HOME maintenance due to a lack of resources. staff who currently spend many hours also provides flexible resources to A provision delaying the reissuance of reviewing thousands of applications. State and local governments for the vouchers that come available will The bill also includes several provi- purpose of fostering partnerships in mean that homeless families which sions that may prove helpful in allow- support of affordable housing. HOME is have risen to the top of local waiting ing public housing agencies to adapt to designed to leverage the additional lists will have to wait 6 months to re- the cuts in the bill. In particular, the public and private resources and is ceive housing assistance. The bill also bill provides new, expanded, eligible ac- achieving excellent results in targeting reduces public housing authority fees tivities for the public housing mod- these housing resources to low-income for the administration of the section 8 ernization program that deserve more families. Both CDBG and HOME are program in a way that does not take hearing, but are defensible in the face critical to the successes of the commu- into account the different cost struc- of large cuts in resources. Revisiting nity-based nonprofit movement. tures for administering the program our admission policies pertaining to Another important element of the nor does it seem to have considered the public and assisted housing also is nec- bill before the Senate is the $624 mil- distinct possibility that at least some essary not only from the perspective of lion it contains for the Low-Income public housing authorities will simply shrinking resources, but from the need Housing Preservation and Resident choose not to continue to administer to reverse the overconcentration of the Homeownership Act, or LIHPRHA. I the program after these cuts take ef- poor. congratulate the chairman for his com- fect. These cuts are an excellent reflec- I am very concerned that this bill mitment to the preservation program’s tion the tyranny of the budget that pushes forward too far and too fast on mission. We cannot afford a hiatus in binds the Congress. the Department’s proposal to enact preservation funding, because we would Madam President, I would like to legislation with respect to mark-to- then risk losing affordable housing re- also register my concern about the ex- market of the assisted housing inven- sources and displacing people from tent of authorizing provisions in this tory. We need not rush into a com- their homes. We all recognize that bill. Some of these provisions have not plicated proposal that likely will result LIHPRHA has some structural prob- gone through the hearing process nor in forcing many properties into de- lems that need correcting, and the bill have members had the opportunity to fault. The administration has proposed has made an important contribution in consult concerning them with all of the to voucher out the public and assisted pushing forward preservation program affected parties and other experts on inventory. This approach may make reforms. It is unfortunate that the program operations. I am particularly sense in those instances where the LIHPRHA capital grant reforms in this concerned that the numerous discrete, housing has been poorly managed and bill are delayed a year for technical piecemeal provisions—while often help- low-income people have been forced to reasons related to budget scoring. How- ful—will undermine or contradict ef- live in squalor. However, I have serious ever, since they are, it is important forts to engage in a more comprehen- concerns about vouchers as a sub- that we continue to process and pre- sive examination of the HUD statutes. stitute for well-managed, well-located serve the projects under the old pro- As a member of the authorizing com- housing. I have concerns that vouchers gram using available resources and not mittee, I am hopeful that we will re- do not work for everyone in every mar- stand idly than waiting for the new view all of these provisions in more de- ket. Vouchers are not accepted by program to be perfected, enacted, and tail. many landlords. The available suggests implemented. There are three particularly egre- that if we move to vouchers, many Finally, I would like to express relief gious authorizing provisions in this bill housing assistance recipients will be that the bill does not repeal the Brooke that highlight the need for a more or- displaced from a place that they cur- amendment as some have proposed. derly process of hearings and delibera- rently call home. The Brooke amendment limits the rent tion. These are the provisions transfer- Fundamentally, this appropriations paid by a poor family to 30 percent of ring HUD’s Office of Fair Housing to bill does not and could not come close income. The bill does make some the Department of Justice, the transfer to meeting the housing needs of this changes in the public housing rent-set- of the Office of Federal Housing Enter- country. More than 5 million very low ting process that we will have to mon- prise Oversight to Treasury, and a pro- income Americans face severe housing itor closely. I support the provision in hibition against enforcing the fair needs. They suffer from homelessness, this bill providing public housing au- housing laws against property insurers they pay rents that take more than 50 thorities with the flexibility to set who discriminate. I oppose the inclu- percent of their household income, or ceiling rents and adopt policies that sion of all three provisions in this bill. they live in severely substandard con- deduct earned income in calculating I realize that HUD is taking a dis- ditions. We have not been willing to the adjusted income against which the proportionate share of the budget cuts provide the resources necessary to 30 percent standard is applied. These because some of its programs have been meet these needs. Over the last 15

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14389 years of troubled housing policy, I join with her in thanking Rusty Specter Thomas Thurmond though, both Republican and Demo- Mathews, Kevin Kelly, Steve Crane, Stevens Thompson Warner cratic administrations have been com- the people on her side. For my part, I NAYS—45 mitted to making progress toward thank Stephen Kohashi, Carrie Akaka Feingold Levin meeting these needs, albeit with dif- Apostolou, Steve Isakowitz, and the Baucus Feinstein Lieberman Biden Ford Mikulski ferent levels of energy and commit- members of my staff, Julie Dammann, Bingaman Glenn Moseley-Braun ment. The resource levels in this bill John Kamarck, Tracy Henke, Keith Boxer Graham Moynihan are simply not adequate to the task of Cole, Leanne Jerome, and the others Bradley Harkin Murray preserving the affordable housing gains who have helped a great deal. Breaux Heflin Nunn Bryan Hollings Pell from the past, reforming HUD’s pro- Let me say very briefly—we have al- Bumpers Inouye Pryor grams, compensating for previous ready made the points—this bill is Byrd Johnston Reid underfunding of capital needs, and within the budget. It sets some prior- Conrad Kennedy Robb Daschle Kerry Rockefeller making progress against our Nation’s ities in a very tough time. I think with Dodd Kohl Sarbanes large outstanding needs for affordable the help of committee members and Dorgan Lautenberg Simon housing. the Members of this body we have fine- Exon Leahy Wellstone The effects of the budget on this bill tuned it as best we can. It does allow So the bill (H.R. 2099), as amended, and thence in these vital Government the agencies to move forward with the was passed. services are extremely troubling. Our vitally needed programs that are so im- Mr. BOND. Mr. President, I move to Nation will pay and pay dearly—both portant in this country in the many reconsider the vote by which the bill now and even more in the future—for areas we fund. passed. shortchanging these pressing needs. I hope that the President, the Office Mr. DOMENICI. I move to lay that Some of us—the most unfortunate— of Management and Budget will com- motion on the table. will pay more dearly than others, but municate with us as to what their ob- The motion to lay on the table was their plight will affect us all. jections are and how we might solve agreed to. Knowing this, we need to make the them. I know that all my colleagues Mr. BOND addressed the Chair. greatest possible effort to find more re- have enjoyed these 2 days. I do not The PRESIDING OFFICER. The Sen- sources that can be devoted to meeting wish to go through this drill again. If ator from Missouri. the objectives I have described. I hope the administration will let us know Mr. BOND. Mr. President, I move to be joined in good faith by colleagues what their objections are, we have, I that the Senate insist on its amend- on both sides of the aisle seeking that think, done as good a job as possible ments, request a conference with the goal. within the dollars available, and if we House on the disagreeing votes there- Ms. MIKULSKI addressed the Chair. are going to balance the budget as not on, and that the Chair be authorized to The PRESIDING OFFICER. The Sen- only this body has said but I believe appoint conferees on the part of the ator from Maryland. the people of America demand, this is Senate. Ms. MIKULSKI. Madam President, what we have to work with. The motion was agreed to; and the we are coming into the closing minutes Therefore, Madam President, I ask Presiding Officer (Ms. SNOWE) ap- now of this bill. We started the debate unanimous consent that the bill be pointed Mr. BOND, Mr. GRAMM, Mr. on VA–HUD appropriations around read a third time and the Senate pro- BURNS, Mr. STEVENS, Mr. SHELBY, Mr. Monday at 3 o’clock. A lot has gone on ceed immediately to vote on the pas- BENNETT, Mr. HATFIELD, Ms. MIKULSKI, since then, and I commend Senator sage of the bill with no other inter- Mr. LEAHY, Mr. JOHNSTON, Mr. LAUTEN- BOND on moving this bill and the way vening action or debate. BERG, Mr. KERREY, and Mr. BYRD con- he has handled this legislation in the ferees on the part of the Senate. The PRESIDING OFFICER. Without Chamber. Mr. DOMENICI addressed the Chair. objection, it is so ordered. I know this is the first time he has The PRESIDING OFFICER. The Sen- chaired the committee and brought the The bill was ordered to be engrossed ator from New Mexico. bill to the floor. I compliment him on for a third reading and was read the Mr. DOMENICI. Mr. President, I rise third time. the way we have been able to move in to congratulate Senator BOND, of Mis- such an efficient way. I thank his pro- Mr. BOND. Madam President, I ask souri, and Senator BARBARA MIKULSKI, fessional staff for the many courtesies for a recorded vote, the yeas and nays. of Maryland. They put a very good bill and consultation provided my staff. The PRESIDING OFFICER. Is there a together. I understand that the Sen- I thank Mr. Rusty Mathews, Mr. sufficient second? ator from Maryland does not support Steve Crane, and Mr. Kevin Kelly, who There appears to be a sufficient sec- the bill in its final stages. Let me just provided technical assistance on my ond. make a few observations. side. The yeas and nays were ordered. Some of us are beginning to say we In this bill, we won some and we lost The PRESIDING OFFICER. The bill need to ask some new questions about some. We won some by preserving having been read the third time, the programs and projects and activities of America’s future in space. We came to question is, Shall the bill pass? The the Federal Government. The leading an agreement on redlining. And we lost yeas and nays have been ordered. The question that we have to start asking issues like national service. This is clerk will call the roll. ourselves is: What can we afford? We America. This is democracy. We have The legislative clerk called the roll. never did that for a long time. In fact, spoken, and I believe it is now time to The result was announced—yeas 55, I ask Senators to reflect on the past 8 vote. I believe the President will have nays 45, as follows: to 12 years and, for the most part, the significant concerns with this bill. I be- [Rollcall Vote No. 470 Leg.] question was never asked: Can we af- lieve the President will veto it. But I YEAS—55 ford this? An amendment was offered believe the time now for debate has because it sounded good, or it was Abraham Faircloth Lott concluded, and I again wish to thank Ashcroft Frist Lugar something that perhaps, in a perfect my colleagues for the support that Bennett Gorton Mack economic environment, would be neat, they gave me during this time. Bond Gramm McCain and we looked around to see if we could Mr. BOND. Madam President, let me Brown Grams McConnell get 51 votes, and we would go to con- Burns Grassley express my appreciation to the Senator Murkowski ference and see if we could hold it, and Campbell Gregg Nickles from Maryland, who has been abso- Chafee Hatch Packwood all of a sudden we would have some- Coats Hatfield lutely invaluable in helping us move Pressler thing new going. Cochran Helms Roth this forward. I must confess that until Cohen Hutchison But I believe balanced budgets and Santorum I had this pleasure, I did not under- Coverdell Inhofe fiscal responsibility do not actually stand all that went with it. I commend Craig Jeffords Shelby happen in huge waves and big doses of Simpson her for the great service she has pro- D’Amato Kassebaum cuts. I think they come with hard DeWine Kempthorne Smith vided this committee in the past and Dole Kerrey Snowe work. Every chairman who has had to the help she gave me. Domenici Kyl produce an appropriations bill this

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14390 CONGRESSIONAL RECORD — SENATE September 27, 1995 year on the domestic side has had to have achieved in protections of our Congress required the groundwater take less than they had the year be- health and safety. disinfection rule to be issued in 1989. fore, and that means very simply that, Unfortunately, the drastic cuts in The Centers for Disease Control has through hard work and, hopefully, EPA’s budget in this bill will cut to the documented that many disease out- some wisdom, priorities had to be dis- bone, jeopardizing all the progress we breaks are caused by parasite-contami- cussed and priorities had to be decided have made. nated groundwater (often from sewage, upon. For example, the 23 percent cut in animal waste, or septic tanks). While It is no longer the day of being able the EPA enforcement budget in the bill not all groundwater must be dis- to say to every Senator that asks for will inevitably result in a rollback of infected, if the rider is in place, EPA things that we have taken care of you. national efforts to ensure that every will be barred from requiring any In fact, I believe we are at the point, American breathes clean air, drinks groundwater to be treated to kill and there will be more years to come clean water, and is safe from the dan- parasites. when we have to say to most that we gers of hazardous waste. The bill eliminates the EPA’s veto cannot give you what you want. The bill will reduce the ability of the authority over the U.S. Army Corps of Senator BOND had a tough job. Few EPA to respond to threats to the envi- Engineers wetlands permits, a power Americans understand that this bill ronment and human health. In the long that it needs in order to ensure con- has veterans in it, has public housing run this will mean more water pollu- sistent interpretation and implementa- in it, and at the same time has many tion, more smog in our cities and coun- tion of the Clean Water Act. other programs, including the space tryside, more food poisoning, more EPA has used the veto sparingly— program. Who would think that one ap- toxic waste problems. only 11 times since 1972—and in each propriations bill would cover that spec- Cuts will severely undercut the num- case had to demonstrate that the dis- trum? He has had to balance, with less ber of Federal and State environmental charge would have an unacceptable ad- of a budget than last year, these same inspections, thereby increasing the verse effect on municipal water sup- great demands and responsibilities that risk to the public health and environ- plies, shellfish beds, fishery areas, ment from unchecked violators. In fis- we have. wildlife, or recreation. Typically, a cal year 1994, more than 2,600 facilities I believe this bill attempts, in very veto has involved only major projects were inspected in California and 447 en- difficult times in terms of money—be- with significant potential adverse im- forcement actions were taken by Fed- cause we want to get to a balance soon- pacts. The total waters protected by er rather than later, and we want to eral or State environmental agencies. Cuts will mean that state monitoring EPA veto: 7,299 acres or about 664 acres make sure that we do not burden our and inspection programs will either protected per veto. children with more and more of our The power of EPA’s veto has played a have to be either severely curtailed, debt. very constructive role in the reaching paid for by the state or possibly elimi- I just came to the floor to say to Sen- nated. of compromises on proposed develop- ator BOND that he did an excellent job. Cuts will hurt EPA/industry compli- ment plans to fill wetlands. Moreover, I commend him and those who have ance initiatives which are underway in since the Environment and Public produced bills heretofore that have met key industrial sectors in my State, Works Committee is now considering the targets. I commend them also. such as the Gillette Corporation Envi- wetlands reform legislation, this rider Mrs. BOXER addressed the Chair. ronmental Leadership Program, a is, again, an unnecessary and untimely The PRESIDING OFFICER. The Sen- project of the Gillette Corporation of interference with the ongoing efforts to ator from California is recognized. Santa Monica, CA, and the Agriculture make appropriate changes in the law. Mrs. BOXER. Madam President, I Compliance Assistance Services Cen- The bill cuts the Superfund program cannot support this legislation. In far ter, which was developed in conjunc- for cleaning up hazardous waste sites too many ways, it fails the American tion with the Agriculture Extension by 36 percent or almost $500 million. people, the people of California I was Service to provide ‘‘one stop shopping’’ California has 23 sites listed on the sent to represent, and the principles of for information to assist farms in com- Superfund National Priorities List— good government and good policy to plying with environmental regulations. more than any other state. According which I subscribe. The bill turns its Support for this Center—and initia- to the Environmental Protection Agen- back on responsibility, obligation, and tives like it underway in other indus- cy, the proposed Superfund cuts would hope. tries—will be severely undercut by severely impact cleanup at 12 of these ENVIRONMENTAL PROTECTION these cuts in the EPA budget. facilities (since the other 11 facilities One of the primary functions of gov- In addition to the budget cuts, the are on the base closure list and over- ernment is to protect the public’s bill includes a number of unacceptable sight is paid by the base closure ac- health and safety. Our Federal laws riders that will: Eliminate EPA’s role count, it is not clear what impact, if and regulations are written to improve in issuing permits to fill wetlands; pro- any, the Superfund cut will have on the and protect the high quality of life hibit the EPA from issuing a new safe- 11 other sites). that we enjoy in our country. Every guard to protect the public from drink- Thus, in the area of environmental day, the people of our Nation enjoy the ing water contamination; prohibit the protection, the bill before us fails to benefits of almost a century of progress EPA from implementing Clean Air Act provide even a merely adequate in Federal laws and regulations that programs; restrict the listing of new amount of funding for the programs reduce the threat of illness, injury, and Superfund sites; prohibit the EPA from and policies that protect the public death from consumer products, work- issuing final rules for arsenic, health and safety. place hazards, and environmental tox- sulphates, radon, ground water dis- HOUSING PROGRAMS ins. infection, or the contaminants in phase The cuts made by this bill in the pro- The Environmental Protection Agen- IVB in drinking water. grams of the Department of Housing cy, created by President Nixon in 1970, The ban on standard-setting is the and Urban Development will have a is responsible for the implementation equivalent of a ban on the implementa- tremendous impact on communities of our most fundamental environ- tion of one of the central provisions of and neighborhoods across the country. mental protection laws: The Clean Air the Safe Drinking Water Act, and is a HUD was hit particularly hard in this Act; the Clean Water Act; the Safe blow to the ongoing bipartisan negotia- spending measure. Under the Senate Drinking Water Act; laws that protect tions in the Environment and Public bill, HUD would receive 19 percent less us from improper disposal of hazardous Works Committee on Safe Drinking funding than what was requested by waste disposal; laws that protect us Water Act reauthorization. the administration and over 20 percent from exposure to radiation and toxic EPA is under court order to issue less than what was approved in last substances; and laws that regulate the these standards, which are now more year’s bill. clean-up of hazardous waste sites all than 6 years late. The riders in this bill This will mean significant cuts in over the country. As the year 2000 ap- are an unnecessary interference with funding to serve our Nation’s homeless. proaches, Americans can look back the ongoing process and will only serve The Senate bill contains $360 million with immense pride in the progress we to delay it further. less than what was in the President’s

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14391 request for homeless assistance—the VA serves. Drastic changes made to construction on the Travis-VA medical last safety net for homeless individuals Medicaid and Medicare could result in center. Nearly $20 million has been and families. This translates into $49 further strains to the VA health care spent on the project to date, and more million less than last year for Cali- system. than a year ago, Vice President GORE fornia to address its homeless problem NATIONAL SERVICE (AMERICORPS) broke ground. Construction is now un- at a time when overall budget cuts The national service program, signed derway. may force more people into homeless- into law on September 21, 1993, created For fiscal year 1996, President Clin- ness. the Corporation for National and Com- Another cruel cut is in new incre- munity Service to administer a number ton requested the funds needed to com- mental housing vouchers. The bill pro- of service programs. AmeriCorps is the plete construction. The committee has vides $590 million less than the 1995 largest of those programs. now rejected this request, which seri- post-rescission amount. This cut will AmeriCorps programs are managed ously jeopardizes the prospect that the mean that low-income families, home- by bi-partisan State commissions. Fed- hospital will ever be built. less families, and families with special eral funds go directly to the States to The committee’s only explanation for problems will not receive the housing support locally designed and operated its action was that due to budget re- assistance for which they have waited programs addressing unmet needs in strictions, it chose not to fund new so long. the areas of education, public safety, construction projects. However, as I Public housing modernization funds health, housing, and the environment. have already explained, this project is would also be significantly reduced. The concept of national service is to bring together Americans of all ages, not a new facility, designed to meet an California will receive $17 million less expected future need. It is a replace- than fiscal year 1995 in modernization backgrounds and talents to work to build-up America, to set us on a united ment hospital—promised by the past funding. two administrations—designed to meet This cut will undermine efforts to goal of service to our Nation. make much needed improvements to When I was a junior at Brooklyn Col- an existing need in northern California. the worst public housing developments lege, President John F. Kennedy urged The decision not to fund the Travis- and threaten the existing supply of our Nation’s young people to ‘‘ask not VA medical center breaks faith with quality public housing in our Nation’s what your country can do for you, but California’s veterans, and violates cities. Without sufficient public hous- what you can do for your country.’’ promises made by the past two Presi- ing modernization funding, we will be More than 30 years later, those words dential administrations. left with public housing that is a blight have not lost their sense of urgency. There are currently 20,000 Ameri- Because of the foregoing reasons, I to our cities and is unfit for families Corps members and 350 programs na- have voted against the VA/HUD/Inde- who must raise their children there. pendent Agencies appropriations bill, Aside from the spending cuts, I am tionwide. AmeriCorps members earn a and I will urge the President to exer- concerned about the legislative riders small living allowance—about $600 per cise his veto power against it, in the in the bill which would authorize sig- month—and receive limited health care nificant changes to the enforcement of benefits. At the end of their term of hope that the ensuing negotiations will the Fair Housing Act. Housing dis- service—roughly 1,700 hours full-time produce a better bill. crimination is a matter which deserves over a year—they receive an education Madam President, I understand the our serious attention. The transfer of award worth $4,725. The award may be hard work that went into this bill by this type of authority should be consid- used to pay for current or future col- both the majority and minority sides. I ered in the authorizing committee and lege and graduate school tuition, job just hope that the President will veto not as a legislative rider on an appro- training, or to repay existing student this bill. As I have said, I think this loans. priations measure. In my State, there are over 2,500 bill turns its back on responsibility, it The Senate bill contains provisions AmeriCorps members serving in ap- turns its back on obligation, and it to reform the Low-Income Housing proximately 27 programs throughout turns its back on hope. Preservation Program. California has the State. As the Senator from New Mexico an estimated 22,000 units of affordable I believe giving young Americans an housing which may be lost without a says, times are tough, and the numbers opportunity to serve our country be- we have to deal with are lower, of sufficiently funded program to preserve fore, during, or after college and subse- them. Thousands of seniors and work- course. Well, I ask, why is it that we quently providing them with an edu- are giving the military $7 billion more ing families in high cost housing mar- cational award is a good use of our dol- kets like San Francisco and Los Ange- than they asked for, $7 billion more lars. than the generals and admirals asked les could be displaced, with no other af- In a society of ever increasing apa- for—and, therefore, we have to cut the fordable housing available to them. thy, the commitment of young people heart out of our kids, our people who Adequate funding must be maintained to national service is something I urge need housing and, for God’s sake, our so that this valuable housing stock can my colleagues to support and not ma- veterans. By the way, about 20 to 30 be preserved. lign. percent of our homeless are veterans. VETERANS HEALTH TRAVIS VA HOSPITAL The bill fails to provide an adequate Finally, I am profoundly dis- So, I hope the American people have amount of funds for veterans health appointed by the Appropriations Com- watched this debate, Madam President. programs: veterans’ medicare care is mittee’s refusal to fund the Veterans This is what we have been talking more than $500 million below the Presi- hospital now under construction at about. I voted to balance the budget in dent’s request. Travis Air Force Base in Fairfield, 7 years, but not to do it this way, to This cut will result in a serious im- California. hurt our kids, to cut out National pact on the ability of the Department In 1991, a severe earthquake damaged Youth Service, and to threaten up to to deliver quality care to deserving northern California’s only VA hospital 22,000 units of affordable housing may veterans. VA Secretary Jesse Brown in Martinez. That facility served over be lost in California unless we can fix estimates that 113,000 fewer veterans 400,000 veterans, and its closure forced this problem up in conference. It is would be treated in fiscal year 1996 many to drive up to 8 hours to receive called the Low-Income Housing Preser- than in the previous year without the medical care. The Bush administration vation Program, and because landlords additional funding. This could mean an recognized the tremendous need cre- may opt to prepay their mortgages, we estimated 1 million fewer outpatient ated by the Martinez closure and prom- may lose this valuable housing stock if visits for the men and women who have ised the community that a replacement we do not sufficiently fund the pro- fought for and served our country. facility would be constructed in Fair- gram. Middle-income people and low- The Appropriations Committee’s ra- field, at Travis Air Force Base. The income people will face increases in tionale for not including full funding is committee’s action breaks that 4-year- their rents and may be thrown out on that the number of veterans is declin- old promise to the veterans of northern the streets. ing. However, we must remember that California. the number of older veterans is in- Last year, Congress appropriated $7 The veterans hospital at Travis, in creasing, as is the number of patients million to complete design and begin the Fairfield area of my State, where

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14392 CONGRESSIONAL RECORD — SENATE September 27, 1995 there was an official groundbreaking Head Start benefits. But we want to choice. Thomas Jefferson said those because we need a veterans hospital buy 20 more B–2 bombers for $30 billion who think that a country can be both badly, it is zeroed out in this bill. And despite the fact that the Defense De- ignorant and free think of something for what? To pay for a tax cut to those partment did not ask for it. that never was and never can be. If we people making over $350,000 a year, who But we cannot afford to give dis- do not understand that our future is get back $20,000; to give the Pentagon advantaged kids in the inner city a lit- not in building star wars, but our fu- more than the Pentagon asks for. I just tle hope in the summer with a summer ture is investing in this country’s kids, feel very sad today. I acknowledge the job. These kids who have nothing, who investing in education, investing for hard work of the committee. Believe feel often hopeless and helpless, who the future, if we do not understand me, they were given a number that was look for an opportunity to get a job in that, I am telling you that these very difficult to reach, and I have sym- a summer jobs program in the city, and choices we make today, as viewed by pathy with that situation. I serve on we are saying to 600,000 of these kids— historians 100 years from now, will the Budget Committee, and Chairman kids who all have a name and a dream cause them to scratch their heads and DOMENICI spoke eloquently about the that maybe they can get a summer say, ‘‘What on Earth were they think- problems we are facing. But I know we job—we are sorry, we cannot afford a ing about? What on Earth could their did not have to go about it this way. summer job for a disadvantaged kid values have been to suggest somehow I hope the American people get that, like you in the inner city. But we in- that kids are not very important?″ and I hope they do not just say this is sist on spending money to start build- I yield to the Senator. too complicated. This is about prior- ing star wars. The Senate put in $300 Mrs. BOXER. I want to thank the ities. This is about what we stand for. million more than the President asked Senator for putting perspective on this And we are turning our backs on the for, and when the bill went to con- bill. I want to just enter into a couple veterans of this country, and we are ference, it got worse. Let us build in- questions with my friend. turning our backs on the lowest of the terceptor missiles and laser beams. Does the Senator know how much the low, the homeless people. Where does all of this end? There is Republicans would like to cut from We did not have to do it. We tell our no Soviet Union. The threat has Medicare over the next 7 years? Mr. DORGAN. The proposed cut in young kids that you are just not worth changed. Yet, the appetite to spend has the baseline that is needed to meet it. And for what? As far as I am con- not changed. It is not liberal or con- Medicare expenditures for those who cerned, there are three bills the Presi- servative. Seven billion dollars was are eligible is $270 billion over the 7 dent ought to veto, and this is one of added to the defense budget to buy years. them. We can sustain that veto, and I trucks that the Secretary of Defense Mrs. BOXER. So they are proposing hope when we really meet the crunch, said he does not need, jet airplanes to cut $270 billion, which they say is there will be some give and take that the Secretary of Defense said he not a cut, but, in fact, if the population around this place, because this bill is did not want, and submarines nobody keeps aging and if medical technology unacceptable. Thank you very much. asked for. And yes, to build star wars keeps moving forward, this is what is I yield the floor. and B–2 bombers. That is $7 billion anticipated. They want to take $270 bil- Mr. DORGAN addressed the Chair. extra that was stuck in that bill by lion out over 7 years. The PRESIDING OFFICER. The Sen- people who say they are against public Does the Senator know how much ator from North Dakota is recognized. spending. Health and Human Services said is Mr. DORGAN. Madam President, I Where is the demonstration of fru- needed in order to make Medicare voted against the last appropriations gality when it comes to that budget? sound, is needed to cut out of the pro- bill on the floor of the Senate. I was in- Why is it that the sky is the limit? gram? terested in the remarks offered by the There is no bottom to the coin purse Mr. DORGAN. The adjustments that Senator from California. when it comes to the defense budget. are necessary in Medicare are about $89 I said earlier this week that the three I am for defending this country. I do billion, not $270 billion. appropriations bills that we would be not think there is anybody here who is Incidentally, those who say you can confronted with this week represented going to do more than I will do to sup- cut $270 billion out of Medicare without probably the worst possible choices one port the men and women who wear the having any impact on senior citizens could make. This process is all about uniform in this country, who defend must go to sleep and put their teeth choices. There are some who forever freedom and liberty. under the pillow hoping a dollar shows want people to believe that there is one The fact is, it serves no interest, es- up the next morning. side of the aisle in Congress that rep- pecially not the interests of the men Where on Earth do they get these resents big spenders and a biding inter- and women who devote their lives to fanciful notions that you can do this est in spending more and more on ev- public service, by sending the military without affecting senior citizens? Of erything while the other side of the money to build gold-plated, boondoggle course, if you cut $270 billion from aisle represents a bunch of frugal weapon programs we do not need. That Medicare, you are going to wind up skinflints who really do not want to takes money away from the day-to-day with a health care program for senior spend, the ones who are putting the needs of the men and women in the citizens that costs senior citizens more brakes on and are trying to bring down military. money and gives them less health care. the deficit. More important than that, it finally That is the point. What a bunch of hogwash, a total is a matter of choice. It is a choice of Why do we have that equation? Well, bunch of nonsense. The question is not saying the star wars program is more it is simple. The $270 billion proposed whether we spend money; the question important than Head Start. Buying B– cut in the amount needed for Medicare is how we spend the money. Never is it 2 bombers that the Secretary of De- is, I think, proposed in order to allow better illustrated than in what we have fense says we do not need is more im- room for a $245 billion tax cut. seen in the last week or so. We have portant than giving kids a job for the Now, I recognize and freely admit conference committee on the defense summer or a tax cut, 50 percent of that for someone to stand up in the bill reporting out in the last day or which will go to the most affluent in Senate and say, look, I serve in the two, saying they want $3/4 billion more the country. Fifty percent of the bene- U.S. Senate and I want to exhibit great than the President or the Secretary of fits of the $245 billion tax cut, at a time courage today and my courage propels Defense said is necessary to defend this when we are up to our neck in debt, me to suggest we should have a tax country, with B–2 bombers and star goes to families whose incomes are cut. Well, what a wildly popular thing. wars alone—just those two issues; $3 to over $100,000. A tax cut is more impor- It is like putting a raft in whitewater $4 billion more to buy B–2 bombers and tant than the benefits for incapaci- and rushing downstream. Wildly pop- star wars. But they have said, by the tated veterans? ular concept, having a tax cut. If you way, we cannot afford the 50,000 kids I am telling you, there is something want to be popular, stand here and call who are now on Head Start. They are wrong with those choices. It is not a for a tax cut. going to get kicked off. Yes, they all matter of saying spend, spend, spend, My view is that the same people who have names. They are going to lose but a matter of saying make the right are calling for a tax cut are the ones

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14393 who were saying we ought to balance ter off if we got the best of what both spending money on all this liberal the budget. I say we should balance the parties have to offer, rather than end stuff.’’ budget. Talk about tax cuts after the up with the worst of what the two give If we have people out there who de- budget is balanced. But why are they us. I want to see much more biparti- cide that kids do not matter, that hun- talking about Medicare cuts now? So sanship in these decisions. ger does not matter, that star wars is they can talk about a tax cut at the The plain fact is we are dealing with where it is at in the future, in my judg- same time. That is the linchpin of all legislation coming to the floor where ment they are not thinking much of this. choices have already been made, and about the future of this country. This I do not think it adds up. My sense is, the choice that has been laid before us country’s future is with its kids, with yes, I would like everybody to pay on these appropriations bills is to take education, with opportunity, and a lower taxes. I would like there to be 50,000 kids off Head Start, deny 100,000 commitment by this Congress to those zero taxes. Of course, we have to have disadvantaged youth summer jobs, and kids. police, we have to have roads, we have 170,000 incapacitated veterans on fewer The only reason I rose to speak was to send our kids to school. There are a benefits. because the Senator from California number of things we do in the public My point is, these choices do not talked about this piece of legislation. I sector that are enormously important. seem logical to me in the face of other voted against it because, frankly, I Many were in this piece of legislation I spending choices that were made. think it makes the wrong choices. just voted against because I thought it Build star wars, build 20 new B–2 I would like just for a moment to took money away from the good bombers. I responded to a column in continue discussing Medicare because choices and gave them to the poorer the newspaper very critical of me for that is the subject of some hearings choices. opposing star wars, and I said when the this afternoon that will occur in the It seems to me we must be serious defense bill came to the floor of the Senate Finance Committee. It is, I about a lot of things if we want to re- Senate, I said it smelled a little like think, one of the largest issues rico- duce the Federal deficit. Therefore, if my mom’s kitchen when she used to cheting around the Congress. I respect the fact there are some who we are serious—and I am—do not talk render lard when I was a kid. I could say we want to save Medicare while about tax cuts until that job is done. hardly walk in the house because when others want to kill it. The proposal to Then talk about tax cuts. you render lard, it has an awful smell. Even more importantly, let us not This defense bill has $7 billion in cut $270 million from what is needed to talk about ravaging a health care pro- extra spending. I talked about the finance Medicare is offered by those gram that has been so successful for trucks that were not asked for, jet who say we are the ones who want to save it. I only observe that at least 95 senior citizens in this country in order planes nobody needed. The hood orna- to 97 percent of those who say they to accommodate a tax cut, half of ment on this irresponsibility was want to save Medicare with this very which will go to people with incomes blimps. They wanted to buy $60 million large cut in funding—95 to 97 percent of over $100,000 a year. worth of blimps. I have talked about it them voted against the program in the Mrs. BOXER. One final question I half a dozen times on the floor, trying first place, at least those in their party want to ask of my friend. If we were to to figure out who wants blimps. What did 30 years ago. It seems unlikely to take that tax cut and put it aside for are the blimps for? me that the party that harbors some the moment, and if we were just to give Sixty million dollars is provided for who think Medicare is socialism and the Pentagon what the Pentagon asked in the defense bill by people who say really should not continue is going to for and not more, which is what the Re- they are conservative, in order to build propose a $270 billion cut in order to publican Congress has done, and it adds lighter-than-air airships; translated, save it. up to $30 billion-plus more than they that means blimps. Only in Washington It is far more likely, it seems to me, asked for, would that not make it pos- would you say lighter-than-air air- that we will save the Medicare Pro- sible for us to take care of the Medi- ships—blimps is what they are. I do not gram—and we should save the Medicare care problem and resolve it out 10 know whether they will paint Snoopy Program—by having Republicans and years so that it is fiscally sound? on them or paint Goodyear, but some- Democrats get together and decide Would that not make it possible for us body wants to build $60 million worth that this program makes sense, that not to go to an elderly couple and tell of blimps. this program helps make us a better the husband whose wife is in a nursing I think it is pretty hard to look into country. home, ‘‘Sorry, sell your house, sell the the face of a 3-year-old or 4-year-old When the Medicare Program was de- car, because we are going after your as- kid who is benefiting by getting a veloped, fewer than 50 percent of the sets’’? Would it not make it possible head-start in life, through a program senior citizens of this country had any for us to take care of those kids in we know works and works well, and health care coverage at all. Now 97 to Head Start that you talked about, keep say, ‘‘We are sorry, we cannot afford 99 percent of the senior citizens in a national service program, meet our you because we are off buying blimps.’’ America have health care coverage. It obligations to veterans, do the things Lord only knows what they want to is a remarkable success story. Frankly, we need to do to keep our environment buy blimps for in the defense bill, but people are living longer. safe? there is example after example of that. All of us know that one of the pres- Would it not be possible to meet When you come to the floor and talk sures on us, from the Medicare financ- those obligations, balance the budget if about these issues, investing in things ing persepctive, is that people live we set aside those enormous tax cuts that are important, you get letters and longer and expect more. It is not un- out there which benefit the very calls. I saw a letter today. A fellow usual to run into a senior citizen some- wealthiest, and just give the Pentagon from Houston, TX, wrote and said he place who is in his midseventies and what they asked for and not all these heard me on the floor talking about has had heart surgery to unplug all the billions more that has been thrown at kids. It is true. I talked about a young arteries from the heart that got them? man from New York City named David plugged from eating all this fatty food. Mr. DORGAN. Well, the Senator from Bright. I have never forgotten his testi- They have had cataract surgery, re- California is correct. This is ultimately mony. He was 10 years old, from New placed both knees, replaced a hip. So about choices. We choose to do one York City. He lived in a homeless shel- here they are, 75 years old, and they thing or we choose to do another. We ter. He said, ‘‘No kid like me should have their heart unplugged, they have make a choice and decide which of have to put his head down on his desk their arteries all clear, with blood these choices are more important for in the afternoon because it hurts to be pumping away in there. They are feel- the future of the country. That is what hungry.’’ He was talking about hunger ing good. They are walking and run- this process is all about. and being homeless and having noth- ning and jogging with good knees and I am not somebody who believes that ing. hips. They can see like a million bucks one side has all the answers and the The guy from Houston, TX, was writ- because they had cataract surgery. other side causes all the problems. I ing to me after watching C–SPAN. He That costs a lot of money. It is the think this country would be a lot bet- said: ‘‘All you nut cases ought to stop result of remarkable, wonderful,

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14394 CONGRESSIONAL RECORD — SENATE September 27, 1995 breathtaking technology. But it is also The Chair, in his capacity as a Sen- ticular conference, which is now in ses- very expensive. In some ways, that is a ator from New Hampshire, suggests the sion. Senator D’AMATO and myself sign of success, is it not? Thirty years absence of a quorum. stated in the third paragraph, about ago, they would have been dead; dead, The clerk will call the roll. this particular provision that now ex- or in a wheelchair, or unable to see. The bill clerk proceeded to call the ists in the debate between the con- The alternative? Remarkable, breath- roll. ferees—we wrote the following: taking achievements in health care and Mr. PRYOR. Mr. President, I ask We are writing to express our concern re- a Medicare Program that works. Ex- unanimous consent that the order for garding the possibility of inclusion of the pensive? Yes. Does it need adjust- the quorum call be rescinded. House provision in the final bill and respect- ments? Of course. Should we make The PRESIDING OFFICER (Mr. fully request your assistance to eliminate them? Yes. THOMPSON). Without objection, it is so any provision allowing private bill collectors But should we take from the Medi- ordered. to collect the debts of the American tax- payer. care Program substantial moneys so Mr. PRYOR. Mr. President, I ask For over 200 years, when the Federal Gov- we can give a tax cut to some of the unanimous consent I may proceed in ernment has imposed a tax, it has also as- most affluent in the country? The an- morning business for up to 20 minutes. sumed the responsibility and the blame for swer, in my judgment, is no. That is The PRESIDING OFFICER. Without collecting [that tax]. In fact, we have an ob- not a choice that makes sense. That is objection, it is so ordered. ligation to ensure that the privacy and the not a choice that will strengthen this f confidentiality of every American taxpayer country or advance our interests. is protected. Contracting out the tax collec- TAX FARMING We have about 2 or 3 months left in tion responsibilities of government would be in contradiction of that duty, and would no this session of Congress. The agonizing Mr. PRYOR. Mr. President, yester- day, in the New York Times, on page 1, doubt put the privacy of all American tax- choices that all of us will make about payers in jeopardy. what is important will be made, fi- an article was written by Robert D. Hershey, Jr. I would like to extrapolate Senator D’AMATO and myself con- nally, in these appropriations bills and tinue by stating to the conferees: in the reconciliation bill. I come from a few lines from this particular article, a town of 300 people. My background is not only to bring it to the attention of While we are very concerned about the im- our colleagues in the Senate, but also pact of the House provision on the rights of from a very small, rural community. I American taxpayers in their dealings with have no interest in being dogmatic or to bring it to the attention of the con- these private bill collectors, the Commis- being an idealogue about one issue or ferees who are now dealing with cer- sioner of the Internal Revenue Service has another. But I do have a very signifi- tain appropriations bills in conference also raised serious questions about the provi- cant interest in expressing the passion at this time. That particular con- sion. We, therefore, urge you to be persistent I have for the choices which I think are ference is certainly on the Treasury, in your efforts to keep such a provision out good for this country. Postal Service, and general Govern- of the final conference report. This country has to get out of its ment appropriations bill. The article, written in the New York present economic circumstances, bal- There is stuck in this appropriation a Times yesterday, further States: ance its budget, and make the right sum of $13 million. It does not sound Such concerns are in spite of the bill’s re- choices with respect to investments. I like a lot when we start thinking about quirement that the private debt collectors have not talked today about trade, but the billions and billions that we discuss must comply with the Fair Debt Collection I will at some point in the coming on the floor of the U.S. Senate, but a Practices Act and ‘‘safeguard the confiden- days. We have to solve our trade prob- $13 million appropriation to initiate a tiality’’ of taxpayer data. lem. We are sinking in trade debt, and program to utilize private counsel law Mr. President, I have seen a lot of we are getting kicked around inter- firms and debt collection agencies in ideas in some 17 years in the Senate. national marketplaces. We have to the collection activities of the Internal But I have never seen a worse idea, an stand up for America’s economic inter- Revenue Service, as we know it, the idea that was so misdirected, in my 17 ests and change that. All of those IRS. years of service, as one that is being things need to be discussed, debated, The first paragraph of Mr. Hershey’s proposed to become the law of the land. and resolved. article in the New York Times yester- I would like to pose, also—or at least A lot of people wring their hands and day states: to make an observation. This is not a grit their teeth because we have rau- Congressional Republicans are poised to new idea of basically farming out some cous debates about these things. These pass legislation requiring the Internal Rev- of our tax collections to the private debates are good and necessary. I hope enue Service to turn over some debt collec- sector. But I would say, in over 200 we have more and more divergent tion to commercial interests, thereby giving years of our Federal Government, we views brought to the floor of the Sen- certain private citizens access to confiden- have never turned over the business of tial taxpayer information for the first ate so we can understand the range of collecting taxes to the private sector. time. . .. The Republican initiative, which But I must point out, as I did in a floor ideas that exist and select the best of would be limited initially to a pilot program, them. Someone once said when every- has raised alarms throughout the agency. ‘‘I statement on August 4, in the U.S. Sen- one in the room is thinking the same have grave reservations about starting down ate, that this is a dubious practice and thing, no one is thinking very much. the path of using private contractors to con- it is as old as the hills, and it dates I do not shy from debate. I do not tact taxpayers regarding their delinquent back to at least ancient Greece. This think it is unhealthy. But at the end of tax debts,’’ Margaret Milner-Richardson, the practice of private tax collection even the debate, let us try to find out what Commissioner of the I.R.S., said. has a name. It is called, ‘‘tax farming,’’ is wrong in this country and fix it, and This was a statement written in a and its modern history is chronicled in advance the economic interests to give letter signed by Margaret Milner-Rich- a book authored by Charles Adams, a everybody in America more oppor- ardson, the Commissioner of the Inter- noted lawyer and a noted history pro- tunity in the future. nal Revenue Service. fessor. The book is named, ‘‘For Good I yield the floor. For the last several years I have been And Evil, The Impact of Taxes on the f one who has complained, I think fairly Course of Civilization.’’ substantially and often, about some of In this book, Charles Adams recounts MORNING BUSINESS the activities, and the heavyhanded ac- many tales of how the world has suf- Mr. DORGAN. Mr. President, I ask tivities, of the Internal Revenue Serv- fered under the oppression of tax farm- unanimous consent there now be a pe- ice. But I can say without reservation, ers. He specifically describes the tax riod for the transaction of routine this is an issue which Margaret Milner- farmers sent by the Greek kings to the morning business, with Senators per- Richardson, the Commissioner of the island of Cos as thugs, and even the mitted to speak for up to 10 minutes IRS, and myself, agree on 100 percent. privacy of a person’s home was not se- each. On the 12th of September, I, along cure from them. He further notes that The PRESIDING OFFICER (Mr. with Senator ALFONSE D’AMATO of the a respected lady of Cos around 200 B.C. GREGG). Without objection, it is so or- State of New York, wrote a letter to wrote, ‘‘Every door trembles at the tax dered. the conferees relating to this par- farmers.’’ In the latter Greek and

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14395 Roman world, no social class was hated not this actually amount to a bounty in your efforts to keep such a provision out more than the tax farmer. The leading hunter situation that we are creating of the final conference report. historian of that period described tax within the Internal Revenue Service? If we may assist you in any way, please do not hesitate to call on us or our staff. farmers with these words. In 1988, I sponsored, with the help of Sincerely, The publican keepers of the public house many of my colleagues, the Taxpayer DAVID PRYOR. certainly were ruthless tax collectors, and Bill of Rights. It was passed into law. Mr. PRYOR. Mr. President, I ask dangerous and unscrupulous rivals in busi- One of the provisions that we were unanimous consent that the article ness. They were often dishonest and probably proudest of in the Taxpayer Bill of always cruel. Tax farming flourished as a which I made reference to a few mo- Rights No. 1—and now we hope to ex- ments ago dated Tuesday, September monster of oppression in many forms in pand it this year into the Taxpayer Bill Western civilization for over 2,500 years, 26, in the New York Times written by until it finally met its demise after World of Rights No. 2—in the Taxpayer Bill of Mr. Robert D. Hershey, Jr., be printed Rights No. 1 was a provision that the War I. Tax farming brutalized in the RECORD. prerevolutionary France. The French court Internal Revenue Service could no There being no objection, the mate- paid the price during the reign of terror longer use quotas in which to promote rial was ordered to be printed in the when the people were incensed. They round- or demote collection agents within the RECORD, as follows: ed up the tax farmers, tried them in the peo- Internal Revenue Service. We said you ple’s courts and condemned the tax farmers have done it in the past but that day is G.O.P. WANTS I.R.S. TO USE OUTSIDERS to death. Accounts of this time tell of the over, and no longer can an IRS collec- BILL COLLECTORS WOULD HAVE ACCESS TO taxpayers cheering while the heads of the TAXPAYER DATA tion agent have his job or his salary or tax farmers tumbled from the guillotine. (By Robert D. Hershey, Jr.) his position basically based upon how WASHINGTON, DC, Sept. 25—Congressional In the 17th century, Mr. President, much he is collecting. under Charles II in England, the King Republicans are poised to pass legislation re- So, Mr. President, what we have is quiring the Internal Revenue Service to turn imposed a hearth tax assessing two we may be on the eve of making an shillings per chimney for each house. over some debt collection to commercial in- enormous mistake. It could be a mis- terests, thereby giving certain private citi- To collect it, the King did not have take that we could never fix. I am very zens access to confidential taxpayer informa- civil servants responsible to the King hopeful that the conferees on the tion for the first time. to collect from these private families. Treasury, Postal, and general Govern- The agency’s appropriations bill, now stalled in a Senate-House conference over an But he named individual tax collectors. ment appropriations bill will take heed They called them ‘‘chimney men.’’ unrelated issue, would provide $13 million for and will realize what history has to the I.R.S. to test whether private bill collec- They went throughout England. These teach us about private tax collectors chimney men were ruthless, and they tors could do a better job than the agency’s being hired to collect Federal debt. own employees, even though they would be were hated by the people of England. Mr. President, I ask unanimous con- denied such governmental powers as the abil- The hatred of the privately collected sent that the letter dated September 12 ity to seize property. tax helped depose Charles’ brother, sent by Senator D’AMATO and myself to The bill suggests a regional experiment, James II. And as soon as the new mon- which would be likely to focus on individual Senators SHELBY, KERREY, and the archs, William and Mary, were in- returns, and directs that small collection other conferees be printed in the stalled, the House of Commons abol- agencies—perhaps even individual lawyers— RECORD. ished the tax ending a bond of slavery be allowed to participate. There being no objection, the mate- The Republican initiative, which would be upon the whole people that allowed rial was ordered to be printed in the limited initially to a pilot program, has every man’s house to be entered and RECORD, as follows: raised alarms throughout the agency. ‘‘I searched and at the pleasure of people have grave reservations about starting down U.S. SENATE, unknown to him. the path of using private contractors to con- Washington, DC, September 12, 1995. tact taxpayers regarding their delinquent Clearly, Mr. President, history has DEAR SENATOR SHELBY AND SENATOR tax debts,’’ Margaret Milner Richardson, the taught us that contracting out the tax KERREY: Thank you for accepting our Commissioner of the I.R.S., said. collection responsibilities of a demo- amendment to the Treasury, Postal Service, In addition to privacy concerns, Ms. Rich- and General Government Appropriations bill cratic government is not a good idea. ardson contends that the use of private col- which struck an appropriation of $13 million These are the questions that I would lectors could further undermine public per- to initiate a program to utilize private coun- like to respectfully pose to our col- ceptions of the fairness of Federal tax ad- sel law firms and debt collection agencies in leagues from the Senate and the House ministration. who now make up the conference on the collection activities of the Internal Rev- But Congressional Republicans, sensing a enue Service. this particular issue and who are now negative public perception of the agency, are A similar provision has been included in pressing the plan on a number of fronts. debating what issues to include and to the final version of the House Treasury, exclude. These are the questions that I They rejected the Clinton Administration’s Postal Service, and General Government Ap- request for an I.R.S. budget increase of near- respectfully think should be asked. propriations bill, which, as you know, will be ly 10 percent, to $8.23 billion, deciding in- Who will these people be? a matter to be considered by House and Sen- stead to cut the I.R.S. budget almost 2 per- Which debt collection services will be ate conferees at conference. cent. hired? We are writing to express our concern re- By a widely accepted rule of thumb, addi- How will they be hired? garding the possibility of inclusion of the tional enforcers bring in five times their sal- House provision in the final bill and respect- aries. But Republicans, intent on reining in Who will hire them? fully request your assistance to eliminate Who will train them? a symbol of big government, do not accept any provision allowing private bill collectors the argument of I.R.S. officials that spend- Who will oversee them? to collect the debts of the American tax- ing more on the agency would help meet the Which taxpayers’ cases will they payer. goal of a balanced Federal budget. work on? For over 200 years, when the Federal Gov- Citing findings of the General Accounting What arena of confidentiality? ernment has imposed a tax, it has also as- Office that I.R.S. collections have slumped What standard, I should say, of con- sumed the responsibility, and the blame, for about 8 percent since 1990, Republicans led fidentiality will be imposed upon these collecting them. In fact, we have an obliga- by Representative Jim Lightfoot of Iowa, tion to ensure that the privacy and confiden- private debt collectors as they search contend that this reflects the I.R.S.’s tiality of every American taxpayer is pro- ‘‘lengthy and inefficient collection process, through our private tax records? tected. Contracting out the tax collection re- which does not incorporate techniques used What type of taxpayer information sponsibilities of government would be in con- by the private sector.’’ will be made available to these tax col- tradiction of that duty, and would, no doubt Others have contended that a lack of dili- lectors? put the privacy of all American taxpayers in gence has allowed uncollected debts to swell How will that information be safe- jeopardy. to more than $150 billion. guarded, and how will the security and While we are very concerned about the im- Farther down the Republican agenda are the privacy of these issues be retained? pact of the House provision on the rights of plans for an even broader assault on the tax American taxpayers in their dealings with agency. ‘‘The I.R.S. was never meant to be How, Mr. President—and what a key these private bill collectors, the Commis- such an intrusive, oppressive presence in question this is—are these private bill sioner of the Internal Revenue Service has American life,’’ Senator Bob Dole, the ma- collectors going to be paid? Will they also raised serious questions about the provi- jority leader, told a Chicago audience re- be paid 25 percent, 50 percent, and will sion. We, therefore urge you to be persistent cently in proposing a radical simplification

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14396 CONGRESSIONAL RECORD — SENATE September 27, 1995 of the tax law that ‘‘would end the I.R.S. as Mr. PRYOR. Mr. President, I ask similar amount invested in IRS telephone or we know it.’’ unanimous consent that a letter sent field collection activities where the capa- The attack on its budget has already to me dated August 4 written by Mar- bility to contact taxpayers is linked with the prompted the I.R.S. to decide on a two- garet Milner Richardson, the Commis- ability to institute liens and levy on prop- month delay in its Taxpayer Compliance erty if need be. Currently, the IRS telephone Measurement Program under which it had sioner of the Internal Revenue Service, collection efforts yield about $26 collected planned, beginning next week, to select expressing her strong opposition and for every dollar expended. More complex and about 153,000 tax returns for intensive audits the Revenue Service’s strong opposi- difficult cases dealt with in the field yield in a periodic effort to gauge sources of cheat- tion to even considering this practice about $10 for every dollar spent. ing and to develop countermeasures. Accu- be printed in the RECORD. I strongly believe a more extensive dia- rate targeting of enforcement efforts is cru- There being no objection, the mate- logue is needed on the matter of contracting cial since routine auditing has slipped well rial was ordered to be printed in the out collection activity before the IRS pro- below 1 percent of individual returns. ceeds to implement such a provision. Please RECORD, as follows: If the agency fails to get a bigger budget let me know if I can provide any additional than the $7.35 billion now scheduled, the DEPARTMENT OF THE TREASURY, information that would be of value to you as I.R.S. will have to cut its 112,000-member INTERNAL REVENUE SERVICE, Congress considers this matter. staff by the equivalent of 7,000 employees; Washington, DC, August 4, 1995. Sincerely, much of this would be by attrition and short- Hon. DAVID PRYOR, MARGARET MILNER RICHARDSON. er hours for seasonal workers, Ms. Richard- U.S. Senate, Washington, DC. son said in an interview. DEAR SENATOR PRYOR: I am writing to ex- Mr. PRYOR. Mr. President, I have no ‘‘No sound business person would not spend press my concern regarding statutory lan- further items to submit. I have no fur- money to make money,’’ she added, charging guage in the FY 1996 Appropriations Com- ther statement to make. Therefore, I the Republican budget-cutters with pound- mittee Bill (H.R. 2020) for Treasury, Postal yield the floor. foolish penny-pinching. ‘‘I think you ought Service and General Government that would I thank the President for recognizing to look differently at the side of the house mandate the Internal Revenue Service (IRS) me. that raises money.’’ spend $13 million ‘‘to initiate a program to Mr. DORGAN addressed the Chair. Privatizing the collection of delinquent utilize private counsel law firms and debt debt was first proposed in early 1993 by the The PRESIDING OFFICER. The Sen- collection activities . . . ’’. I have grave res- ator from North Dakota. newly installed Clinton Administration but ervations about starting down the path of the idea went nowhere in a Congress then using private contractors to contact tax- f dominated by the President’s fellow Demo- payers regarding their delinquent tax debts INTERNATIONAL TRADE crats. However, many states use private without Congress having thorough under- companies to help collect taxes, according to standing of the costs, benefits and risks of Mr. DORGAN. Mr. President, inas- the Federation of Tax Administrators. At embarking on such a course. much as the Senate is in morning busi- least three states—Minnesota, Nevada and There are some administrative and support ness, I would like to say a few words South Carolina—already use outsiders to col- functions in the collection activity that do about the subject of international lect money in person. And at least 10 other lend themselves to performance by private states hire private agencies to make tele- trade. sector enterprises under contract to the IRS. I, along with several of my col- phone calls to delinquent taxpayers. For example, in FY 1994, the IRS spent near- Moreover, some states, notably Pennsyl- ly $5 million for contracts to acquire ad- leagues, today had lunch with Eamonn vania, use private companies routinely to dresses and telephone numbers for taxpayers Fingleton, the author of a new book collect current, as opposed to delinquent, with delinquent accounts. In addition, we are called Blind Side, which describes in taxes. taking many steps to emulate the best col- very interesting and provocative terms The I.R.S. does use private companies for lection practices of the private sector to the finding, say, the addresses of delinquent tax- our trade strategy, our trade relation- extent they are compatible with safe- payers, spending about $5 million a year for ships with Japan and others. guarding taxpayer rights. However, to this such information, but this does not lead to It reminded me again of what is hap- point, the IRS has not engaged contractors direct contact with taxpayers by outsiders. pening this year with respect to trade. Frank Keith, an I.R.S. spokesman, said to make direct contact with taxpayers re- Our fiscal policy deficit, the budget today that the agency had not yet developed garding delinquent taxes as is envisioned in H.R. 2020. Before taking this step, I strongly deficit this year will be somewhere any plans to carry out a debt-collection test, around $160 billion, we are told. Our including what region might initially be in- recommend that all parties with an interest volved. obtain solid information on the following merchandise trade deficit, however, Among those objecting to the idea was key issues; will be close to $200 billion, a new Donald C. Alexander, a Washington lawyer (1) What impact would private debt collec- record, the highest in the history of who served as I.R.S. commissioner from 1973 tors have on the public’s perception of the this country. to 1977. fairness of tax administration and of the se- When you talk about international ‘‘Contracting out anything dealing with curity of the financial information provided to the IRS? A recent survey conducted by trade, the minute you discuss it people enforcement is absolutely absurd,’’ he said, begin to yawn. There is rarely thought- contending that it was improper for people Anderson Consulting revealed that 59% of ‘‘with a stake in the outcome’’ to collect the Americans oppose state tax agencies con- ful discussion about trade policy in Government’s taxes, whether on commission tracting with private companies to admin- this Chamber, or in the other body; or under a contract they would presumably ister and collect taxes while only 35% favor rarely any thoughtful notion that I can have an incentive to extend. such a proposal. In all likelihood, the propor- discern in Washington, DC, about what Such concerns are in spite of the bill’s re- tion of those opposed would be even higher our trade policy ought to be. quirement that the private debt collectors for Federal taxes. Addressing potential pub- The minute you start talking about must comply with the Fair Debt Collection lic misgivings should be a priority concern. (2) How would taxpayers rights be pro- the fact that our current trade strat- Practices Act and ‘‘safeguard the confiden- egy is injuring this country, you get tiality’’ of taxpayer data. tected and privacy be guaranteed once tax Passage of the legislation is being held up information was released to private debt col- turned off. You are tagged as some sort because of an impasse over an amendment lectors? Would the financial incentives com- of a protectionist, xenophobic stooge. from Ernest Jim Istook Jr., an Oklahoma mon to private debt collection (keeping a There are two camps here in trade. Ei- Republican, to severely limit lobbying ef- percentage of the amount collected) result in ther you are a free trader, you have a forts of nonprofit, and therefore tax-exempt, reduced rights for certain taxpayers whose world view, you think in global terms, organizations that get Federal grants. accounts had been privatized? Using private or you are some sort of protectionist The provision in the conference bill that collectors to contact taxpayers on collection would extend debt-collection authorization matters would pose unique oversight prob- isolation xenophobic. Those are the to private law firms as well as collection lems for the IRS to assure that Taxpayers two descriptions. companies is backed by Senator Richard C. Bill of Rights and privacy rights are pro- Let us evaluate that just a bit. What Shelby, an Alabama Republican. An aide said tected for all taxpayers. Commingling of tax does a trade deficit mean? Why could the Senator believed that many resources and non-tax data by contractors is a risk as people care about it? I have a theory were needed to collect outstanding debt and is the use of tax information for purposes about the sour mood about politics in that privacy concerns ‘‘are overblown by the other than intended. this country these days. I have a the- I.R.S.’’ (3) Is privatizing collection of tax debt a ory that people are sour in this country Mr. Keith estimated that about half the good business decision for the Federal Gov- $150 billion of receivables on the books at the ernment? Private contractors have none of because few in this Chamber, not end of the fiscal year 1994 was collectible; the the collection powers the Congress has given Democrats nor Republicans, are ad- rest has probably been lost because of bank- to the IRS. Therefore, their success in collec- dressing the central core of the issue ruptcy, death or other reasons. tion may not yield the same return as a that affects most families.

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14397 Sixty percent of the American fami- America, offshore, overseas, so cor- Is that healthy for our country? Of lies will sit down for supper tonight porations can maximize profits, then course not. Should we have this kind of around the table and have their family ship the product back into our country. trade deficit with Japan? Of course, we there and talk about their cir- Then what you have is a wholesale loss should not. Then why do we have it? cumstances. And 60 percent of the of jobs in America and eventually a Because we do not have the will to say American families will understand loss of income in this country. to the Japanese: Look, if you want to they make less money now in real Manufacturing jobs are on the de- ship your goods to America, God bless terms—as adjusted for inflation—than crease in this country. Oh, the last you; we want our consumers to have they did 20 years ago. couple years we have seen a small in- the widest range of choices from all Why would that be the case? Why, if crease. After having lost millions and goods produced in this world, but we everything is going so well in this millions of manufacturing jobs, we expect something from you in return. country, are more than half of the have seen several hundred thousand ad- You must have your markets wide open American families suffering from a loss ditional jobs over the last few years. to American producers and American of income even though they work That is fine. But it does not replace the workers as well. And if you do not, longer hours than 20 years ago? manufacturing base we have consist- then you will not find open markets At least part of it, in my judgment, ently lost. here. We need reciprocal trade policies is the construct of international trade. We have the folks who keep score that say to other countries: straighten Since the Second World War we had a down at the Federal Reserve Board and up. If you want to access the American foreign policy and a trade policy that elsewhere in the Government. We have marketplace, then your marketplace were married. The Second World War economists who are in the engine room must be open to America. We insist, left Europe and Japan in tatters. War- or the boiler room of this ship of state literally demand fair trade. We demand torn Europe needed to be rebuilt. We and they read the little meters and it. But we have not had the will or the did that. We pitched in a significant gauges and dials, and they keep score strength or the interest to even begin way and helped rebuild it. Japan was by saying every month: Gee, America talking in those terms with Japan. decimated, and we helped to rebuild is really doing well. We are consuming It costs $30 a pound to buy T-bone in Japan, too. this much; we are consuming that Tokyo, T-bone steak. The Japanese In the first 25 years of the post-World much; we are buying this much. want a lot of it. They would like to buy War II period we could not only help All of it is consumption. All the indi- a lot of it. Why is it so expensive? Be- them rebuild but we could largely con- ces of progress in this country are how cause they do not have enough beef struct a trade policy in which we say, much did we spend; how much did we produced in Japan. So will they buy ‘‘By the way, ship all your goods here. consume. sufficient quantities of American beef? It is not a problem.’’ We were so strong These economists and others who sit They are buying more now because we and we were so big that we could com- down there—I have said before they have a beef agreement with Japan. And pete with one hand tied behind our could sit in a concrete bunker. They all those folks who negotiated it al- back. We were the biggest. We were the need not ever see the Sun. They could most jumped right out of their cowboy best. We won, and nobody could out- sit in a concrete bunker and read these boots with the success. They almost trade us and nobody could outproduce little numbers of theirs and give us all thought they should demand a medal us. We won hands down. this nonsense about how healthy we because of the successful agreement All during that 25-year period after are because of what we spend. It is not with Japan. the Second World War incomes were on what we consume, it is what we Guess what? When the agreement is the rise in this country. Our economy produce that represents the economic finally phased in over the years, there expanded and improved. And so did op- base of progress in this country. will remain a 50-percent tariff on all It is interesting; the economic model, portunity and incomes for the Amer- American beef going into Japan. And the basis for what economists tell us. ican family. we consider that a success because our Then what happened? Europe became For instance, when Hurricane Andrew expectations are so low with respect to a competitor. The European countries hit Florida and decimated that State, what Japan will allow into their mar- became tough and shrewd competitors. guess what? Their model, of course, ketplace. Japan grew up to be a tough economic does not measure damage. So they said competitor. And we still had the same that Hurricane Andrew contributed a We ought not consider those things old trade policy, a foreign policy one-half of 1 percent growth to the success. We ought to demand of coun- masquerading as a trade policy. We gross domestic product of America be- tries like Japan that have such an still allow the circumstances to exist cause all they count is the repairmen enormous trade surplus with us that where we said our market is open to who came in and rebuilt the houses, their market must be open to us or we you but it does not matter that your not the damage that destroyed them. will take action. We ought not accept market is closed to us. Take another example; A car acci- this one-way trade anymore. That is a fine relationship. We do not dent outside this building this after- What about China? China now has a want to offend them so we just keep noon. Somebody runs into another car. $30 billion trade surplus with us, or we doing what we are doing. Meanwhile, Economists call that economic growth a $30 billion deficit with them. We are corporations, many of which no longer because somebody is going to get to fix a sponge for Chinese shoes and shirts say the Pledge of Allegiance and no the fender. and trinkets and goods. They move all longer sing the national anthem, but We do not need that sort of nonsense their goods to America and we are a have become international conglom- to tell us what is going on in the coun- cash cow for the Chinese, who need erates responsible only to the stock- try. They can talk about consumption hard currency. holders, have decided they would like, until they are blue, these economists. Now, China needs to buy some air- under the construct of this trade pol- The fact is our country has lost eco- planes. Guess what? Does China go to icy, to decide what is good for them. nomic strength because jobs have the American plane companies, Boeing, What is good for them? Well, what is moved offshore, overseas. for example, and say: By the way, we good for them is to produce where it is What has happened with the balance need to buy some planes from you. No, cheap. Take your product and find a of trade as a result of all of this going that is not what they do. They go to way to produce it in Malaysia, Indo- on? Let us take a look at it regionally. Boeing and they say: We are interested nesia, China, Bangladesh, Sri Lanka, First, let us look at Japan. We have in some airplanes, on the condition, of and then bring it back to the United a $65 billion trade deficit with Japan— course, that you manufacture those States to an established marketplace $65 billion. That means things are pro- airplanes in China. where people have money to spend and duced in Japan and sold here. Jobs that This country ought to say to China: sell it in Pittsburgh, San Francisco, used to be here are now in Japan. It Wait a second. You do not understand Fargo, and Denver. means income from the American con- how this works. You want America to The problem with that is you dis- sumer goes to Japan in the form of be a sponge for all you produce. Then connect. You move jobs away from profits. when you need something that we

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14398 CONGRESSIONAL RECORD — SENATE September 27, 1995 have, you buy it here. That is responsi- to believe this corporate baloney that in our Tax Code that I have been trying bility. And that is what we expect from they need to produce in Sri Lanka to to get changed for years which rewards you, China. be competitive. We can decide there is companies who take their jobs else- China needs grain. They need more an admission price to the American where, close their plant in America, wheat. They are off price shopping in economy, the American marketplace. move it overseas to a tax haven, make Venezuela and Canada when they are The admission price is: you have to the same product, and then ship it running a $30 billion trade surplus with give a living wage, you cannot pollute back to Nashville, TN. And we say, us. the water, and you cannot hire 12-year- ‘‘Guess what? We’re going to reward It is time for this country to have a old kids to work 12 hours a day and you for shutting down your plant. You little nerve and demand of other coun- work for 12 cents an hour. That is not get a tax incentive and you get to defer tries reciprocal trade policies that are fair trade. And we should not expect income tax on the profits you make in fair. the American worker or the American that plant until repatriation. Just Now NAFTA. We had people who had corporation to compete against that. close your American plant, move over- apoplectic seizures over this NAFTA You say, ‘‘Well, all that is abstract.’’ seas, hire foreigners rather than Amer- debate in the Senate in recent years. Well, talk to the people who testified icans, and we say, ‘Hosanna, halle- We had economists that were out wav- before the Senate who described little lujah. You get a tax break.’″ ing their arms on the steps of the Sen- kids making carpets, with needles I mean, if you cannot fix that little ate talking about 270,000 new jobs if we going through the carpet cutting all thing and take the first step on the would just construct a new trade agree- their fingertips, causing them to miss road to saying that creating jobs is im- ment with Mexico—270,000 new jobs. work. What do you think the carpet- portant in this country; then, by tak- What is the record? makers would do so these children do ing that step saying that the produc- The record is that the year before the not miss days of work? They would tion base is important to this country’s free trade agreement with Mexico was take the fingertips of these 10- and 12- future, there is not a chance, in my negotiated we had a $2 billion surplus year-old kids, and they would put gun- judgment, to respond to the real con- with the country of Mexico. We had a powder on them and set them afire so cerns of Americans. $2 billion trade surplus the year before that they eventually scar these finger- The real concern of American fami- the Mexican free trade agreement. This tips. They do this so that eventually lies I think is the opportunity for year it will be a $18 billion deficit. I when these little kids who are working themselves and their children to have a would like to round up all of those dis- with needles on carpets it will not hurt good job with decent income and a fu- ciples of this trade agreement some- because their scar tissue is so big it ture of hope and opportunity. It is where up near the Capitol and have will not hurt. Then they will not lose time—long past the time, in my judg- them explain one by one what has hap- time and cut themselves on the nee- ment—where Republicans and Demo- pened. dles. crats should decide together that we What has happened? We know what The products made by those kids need a new strategy. has happened. All the jobs are moving come to the American marketplace. We We need a new Bretton Woods con- south, two or three plants every single are told by economists this is a won- ference, a new set of designs on inter- day being approved. They are moving derful thing because it is cheap. The national finance and international to maquiladora plants over on the American consumer can buy cheap for- trade relationships that does not rep- Mexican side because that is where you eign goods. resent foreign policy. A strategy that can get cheap labor; you can still pol- What about the two girls who testi- represents some semblance of national lute; and you can produce and ship fied not so long ago about the designer- interests for us in our country, not to back to America. It is not the kind of label blouses made in Honduras by kids the exclusion of everything else, but at goods that we were talking about when working 14 hours a day, are not per- least to stand up and say what happens NAFTA was developed. mitted to go to the bathroom. Then the in our country to our jobs and our pro- You take a look at what is causing blouses are shipped to a shop in New ductive sector matters. our trade deficit with Mexico. It is York to be sold under a designer label I said last week that, you know, next automobiles, automobile parts, elec- to American women shopping for year we are going to have an Olympics. tronics; it is high technology goods, blouses. And it is going be on American soil good jobs. And that is the problem. If Do you think someone shopping for a this time. You know what will happen? you do not want to get technical with blouse in this country should expect to We will put all these young athletes, NAFTA, just travel across the United buy the product made by a 12- or 14- trim and wonderful athletes, in these States-Mexican border and you will year-old kept in a plant for 16, 18 hours, red, white and blue uniforms. The find you cannot get a raw potato across who is paid less than 40 cents an hour, country will yell like crazy in support the Mexican border. Lord only knows $1 an hour? You think that? I do not of our athletes. I will be among them. why. You just cannot. Mexico will not think that is fair trade. I do not think I love the Olympics. I want our team allow one American raw potato across we ought to expect that in this coun- to do well. But is it not interesting the border. But guess what? Even as try. that we are willing to become so in- U.S. raw potatoes are stopped going I am not suggesting that we build volved in national competition, in an south, just watch tons of Mexican walls around our country and I am not international event on an athletic french fried potatoes going north. I suggesting that we ought to develop a field, and we are so uninterested, as would like to get the folks who nego- strategy in which we decide the rest of leaders, in the question of how well we tiated that agreement in this building the world does not matter. I am saying compete in the area of economic and ask them why. this country ought not stand for being growth and jobs? The devil is always in the details, kicked around anymore. We are big After all, this is a circumstance whether it is potatoes or airplanes or enough and strong enough to insist where there is international economic beef or cars. But in the aggregate, the that the central issue in this country competition and there are winners and question this country needs to start still must be jobs. losers. And the winners, which have asking Mexico, Japan, China, and oth- When we ask American workers to been Japan, Germany, and others, will ers is: Will you not decide for a change compete against others, it ought to be experience a future of growth, oppor- that as a condition of trade, if you ex- fair. They cannot compete and should tunity, and expansion. And the losers, pect to enter the American market- not compete if they are competing with subject to the British disease, which is place, you will open your markets to 2 or 3 billion people that are willing to long, slow, economic decline stemming American goods, American workers, earn 20 cents or 60 cents an hour and from a philosophy that what you con- and American producers? If you do not, work in unsafe conditions and work 16 sume is a reflection of future economic then this country is going to recon- hours a day. We have got to start car- health. This is a philosophy rooted, in struct its trade model. ing about keeping jobs in this country. my judgment, in the most confounding, We as a country do not have to con- There are dozens of ways to do that. confusing doctrine that I have ever tinue down this path. We do not have We have a perverse little tax incentive heard. All the economics I

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14399 have studied—I studied some and The PRESIDING OFFICER. The arts,’’ and his drive to teach wherever taught some economics in college— clerk will call the roll. there was someone willing to learn has tells me that the source of long-term The bill clerk proceeded to call the left a permanent and deep imprint on economic health in this country is our roll. the artistic community in and well be- production. Mr. BURNS. Mr. President, I ask yond Delaware. If you lose a manufacturing base, if unanimous consent that the order for Howard Schroeder’s personal legacy you lose your productive sector, if you the quorum call be rescinded. is rich in family and friends. His wife, lose your ability to produce real The PRESIDING OFFICER (Mr. Marian, was his partner in every way, things, you will not long be a world ABRAHAM). Without objection, it is so including the years she and Howard economic power. You will not long ordered. sold his work at their Rehoboth Beach dominate in world commerce. And that Mr. BURNS. Mr. President, I ask art supply and gift store. Together, is why it is not too late for this coun- unanimous consent to proceed as in they raised six children, at a time try to decide it is time for a new na- morning business for no more than 5 when it was, as Jack Lewis said, ‘‘un- tional economic strategy, not one of minutes. heard of’’ to make a family living on protectionism. The PRESIDING OFFICER. Morning an artist’s earnings. Marian and How- Although if you want to use the word business is in order. ard succeeded in doing the unheard of. ‘‘protection’’ in a pejorative way, I am Mr. BURNS. I thank the Chair. Their son John, a Delaware State not so interested in the typical debate. (The remarks of Mr. BURNS per- legislator, published a biography of his However, if you want to use the word taining to the introduction of S. 1278 father, and remembers Howard as ‘‘protection’’ to mean protecting the are located in today’s RECORD under working until late at night in his stu- economic interests of this country, ‘‘Statements on Introduced Bills and dio but always making time for his children. Daughter Carole memorial- count me in, because that is one of the Joint Resolutions.’’) ized her father in a poem, in which she reasons I am here. But we have to de- Mr. BIDEN. Mr. President, Howard wrote: fine some new economic strategy that Schroeder first encountered southern tries to preserve our manufacturing Delaware during his Army service in ‘‘You showed me the beauty of life Through your music and your art base and tries to decide that our mar- World War II. His job was to protect the coast, which he did by applying his Through history and words of prose ketplace and our manufacturing base But mostly, by living it.’’ military training and muscle to help are important national assets. Assets Howard shared his life’s lessons also lay mines in the bay, and by applying that represent the opportunity for ex- with sons Stephen, Howard, and Robert his artist’s eye and talent to help pansion and hope for the American and daughter Gail, with their families, record the landscape of the area. family. and with countless fortunate friends Some of those first Schroeder land- The course we are on, the path that and admirers. led to the largest trade deficits in his- scapes remain on display today in the Mr. President, Howard Schroeder tory, a wholesale loss of American jobs Lewes, DE, public library and middle worked all over the world, he was overseas, is a destructive course, one school, testaments to a love affair that profiled on national television, he was that is wrong for our country. And I lasted a lifetime. raised in the Bronx and in northern think it is part of the undercurrent of Even beyond a lifetime—when he died New Jersey. But he chose Delaware, all the angst out there in the country at his Lewes home on Friday, Sep- and we remember him, gratefully, as a with families knowing this is not work- tember 8, at the age of 84, Howard’s Delaware State treasure, a treasure ing. This is a model that might make family announced that, in accordance that we were proud to share in his life- international corporations wealthy but with his wishes, his ashes would be time and that I am proud to share, and people who do not have jobs are poor. scattered over the sand dunes and in to honor, in the Senate today. It means a future of less opportunity the water at nearby Cape Henlopen Howard Schroeder was a neighbor for them. That is what I think is at State Park. with a special gift to see, and to teach work in this country. I know it is not The people of my State take great us to see, the unspoiled in our own quite as simple as all of that, but that, comfort in knowing that Howard backyard. By his vision and his talent, I think, plays a major role. Schroeder is still guarding our coast, and by the sincerity of his love, he led You know something? All the things not only in the resting place he chose us to the best in ourselves, which may we do in this Chamber, over all of these but in the legacy of his love for the well be the greatest accomplishment months, all ignore that central fact. beaches, the small towns, the fishing and contribution of all. There has not been, in my judgment, boats, the marshes, the old buildings, ON THE NEW $100 BILL one day of thoughtful, interesting de- the people—everything that is the Mr. LEAHY. Mr. President, today, bate about the central economic tenant beauty and heart of Delaware’s coast- the Treasury Department is unveiling of our times, and that is the issue of line. a newly designed 1996 series $100 bill what the global economy means to the It is a recorded legacy of work, lit- that incorporates many state-of-the- future of America, to the future of erally thousands of sketches and paint- art anticounterfeiting features. I com- American families and American work- ings that, as one Delaware reporter mend Secretary Rubin and the Treas- ers. wrote, ‘‘virtually define our mental ury Department. Today’s unveiling at Mr. President, there are some who image’’ of parts of our State. Howard the Treasury Department starts the will say that I am truly a broken said that he was always ‘‘looking for process of reassuring the public, both record, and that is fine with me be- the unspoiled,’’ and he was able to find here and abroad, of the abiding cause I want to continue to repeat it, and to share it, not because he knew strength and integrity of our currency. month after month what I think is one where to look but because he knew how That process will continue through of the most serious problems we face in to look. next year when the new $100 bills in the this country. And, along with rec- It is a living legacy of teaching, be- 1996 series are circulated for the first ommendations, I want to be sure that cause Howard Schroeder was, always, time. we finally debate and we finally come inspired to inspire others. He taught at This country faces a serious chal- to grips with the need for a new eco- the St. Andrew’s School, at the Reho- lenge from new technologies that en- nomic national strategy that moves both Art League, which he had served able counterfeiters to turn out excel- our country forward. I want a strategy as president, and in workshops that he lent reproductions. Unfortunately, U.S. that gives our country an opportunity founded in towns through Kent and currency has been among the most sus- to win once again. Sussex Counties. He started the Art- ceptible to counterfeiting in the world. Mr. President, having spoken for the ists’ Sketch Group to help local artists Although updated in 1990 with a deter- full 10 minutes in morning business, I bring out the best in each other, and he rent security strip, our bills have not now yield back the entire balance of was a founding member of the Sussex had the watermarks or sophisticated my time. County Arts Council. dying and engraving techniques that Mr. President, I would suggest the He was, as his friend and fellow artist other countries use to defeat counter- absence of a quorum. Jack Lewis wrote, ‘‘a champion for the feiters.

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14400 CONGRESSIONAL RECORD — SENATE September 27, 1995 In the past two Congresses, I have in- This is the most significant redesign Lincoln Memorial seem a million miles away troduced, with Senator JOHN KERRY, of our currency in the last 70 years, from the prairies of South Dakota. legislation to address the growing since the ‘‘Big Bill’’ was replaced by But with a little imagination, as Pressler problem of hi-tech counterfeiting. I am the ‘‘Small William’’ in 1929. We have runs by the grass and trees that line The Mall, he imagines his home state and the delighted that the Treasury has adopt- come a long way from the time when people he represents who give meaning to his ed many of the features we have been people could only tell a good Conti- job. recommending. nental Congress note by the mis- ‘‘It makes me feel like I’m in South Da- According to the Secret Service, spelling of Philadelphia. On the new kota,’’ Pressler said during an interview which has from its inception been com- $100 bill, the portrait of Benjamin Wednesday in his office in the Russell Build- batting counterfeiting, the counter- Franklin, the father of paper currency ing. ‘‘It gives me a little time alone.’’ feiting of U.S. currency has increased in this country, and the familiar sight But along with running, Pressler seeks an- dramatically in recent years. Over the other form of strength to cope with the rig- of Independence Hall remain. But they ors and demands of life in the nation’s cap- past 5 years, the Secret Service seized are now joined by a number of im- ital. an average of $58 million annually proved security features. ‘‘I belong to a weekly Senate prayer group within the United States. But in the I am delighted that this day has that gets together to collect our thoughts first 4 months of 1995, alone, the Serv- come and look forward to working with and exchange ideas on the problems and ice seized more than $50 million in Secretary Rubin to serve our mutual promises we experience in life,’’ he said. counterfeit U.S. currency. Likewise, goals of deterring currency counter- Pressler lives a couple of blocks from his seizure of counterfeit U.S. currency feiting and increasing confidence in Senate office, which is located across the our currency and our economy in street from the Capitol. He said work some- overseas has increased fourfold to times seems to be never ending, especially as $120.7 million in 1993 and $137.7 million Vermont, across the country, and he has taken on the pressure of heading the in 1994. around the world. Senate Commerce Committee. I know from personal experience the REMINDERS OF HOME But he makes a point to go home every impact that counterfeiting has had on night he can to have dinner with his wife. acceptance of our currency abroad. Mr. PRESSLER. Mr. President, I rise ‘‘It gives me a little time away from the Over the summer, I took a trip with today to pay tribute to the people of Capitol,’’ Pressler said. my family to Ireland. I carried with me my beloved home State of South Da- Because Pressler holds a position of power kota. The daily grind of life inside the as a committee chairman and he is from a a few $100 bills just in case some places rural state, he understands that the insults did not accept travelers’ checks. To my beltway leaves me searching con- stantly for reminders of the sights, the and jokes about him are part of the political surprise, I found more places that re- game. But at times they are personal and fused to accept my $100 bills. Let there sounds, and the citizens of the State I they hurt. be no doubt, counterfeiters undermine love. I always enjoy those moments Recent newspaper ads indicating Pressler confidence in our currency. when South Dakotans from back home needs to change his opinion on Medicaid be- Senator KERRY and I first introduced visit my Washington, DC, office. I also cause it hurts people with Alzheimer’s dis- our legislation in May 1994, to stop look forward to the times when I can ease went too far, he has said. return to the people and the places I ‘‘My father died of Alzheimer’s disease, so counterfeiters from using fake Amer- I know first hand the tragedy of an illness in ican currency as a free meal ticket. hold dear. As my colleagues know well, without a family,’’ he said. Our bill would have required the Sec- After serving South Dakota for more than retary of the Treasury to design a new the constant input I receive from the 20 years in both the House and Senate, Press- $100 bill that incorporates some of the folks back home, we could not do our ler always looks forward to going home. counterfeit-resistant features, such as jobs effectively here in Congress. I am ‘‘We have an acreage back in Hot Springs watermarks, multicolored dyes, and so- very fortunate that my fellow South where we hope to build a vacation home,’’ he Dakotans keep me in frequent touch said. ‘‘We are pricing logs right now, which phisticated engraving techniques. are pretty expensive. We also have a farm We were encouraged last summer with the issues of concern to them. I also enjoy the many letters from, and near Humboldt.’’ when then-Treasury Secretary Bentsen When he’s not meeting with his constitu- announced plans for modernizing U.S. conversations with, South Dakotans ents or spending time with his family and currency with new deterrence features. regarding the diverse beauty of our friends in South Dakota, Pressler also likes The results of that modernization ef- home—the rolling fields of grain, the to ride his Harley-Davidson motorcycle or fort are reflected in the newly-designed endless prairie, the majestic Black his old Model D John Deere tractor, espe- 1996 series $100 bill. Hills, the sunsets against a backdrop cially in small-town parades. I examined one of these new bills ear- sky of pink, orange, and purple hues, On his Senate office desk, Pressler has a and the wide Missouri River. model of his John Deere tractor as a little lier this week. To defeat hi-tech coun- reminder of home. terfeiting technology, this bill has a These daily visits and the calls and letters from South Dakotans mean a ‘‘I get a little fun from that,’’ he said with watermark, and color-shifting ink, new a smile. microprinting that requires a magni- great deal to me. I cherish my home. I What also brings a smile to Pressler’s face fying glass to see, and concentric, fine- cherish the people of my State. Every is when he meets with South Dakotans who line moire patterns that are difficult to day, through them, I feel a renewed have made their way to Washington, either copy. pride in being South Dakota’s U.S. to vacation or to voice their concerns about I congratulate Secretary Rubin and Senator. Every day, through them, I an important issue. am proud to be a South Dakotan. ‘‘It means a lot to me,’’ he said. ‘‘They are the Treasury Department for putting helping me do my job. Whether they talk to this country in a better position to Mr. President, recently an article by Robert Pore appeared in the Huron, me, my staff or another senator, their pres- combat counterfeiting and protect our ence helps our cause.’’ currency. I commend the National SD, Plainsman newspaper, describing This week, Pressler visited with South Da- Academy of Sciences and the Secret many of the issues that are pertinent kota farmers and ranchers in Washington as Service for their efforts in connection to the people of South Dakota. I would part of the National Farmers Union fly-in. with this project and thank the tal- like to share these concerns and ask ‘‘Agriculture is a big industry, but it is unanimous consent that this article be getting smaller in numbers’’ he said. ‘‘A lot ented engravers, printers, and techni- of farmers have given up. Therefore, it is im- cians who are bringing these changes printed in the RECORD. There being no objection, the article portant that they come here and see how the to fruition. was ordered to be printed in the federal government works.’’ I also want to highlight a related de- Pressler’s concern about the people who velopment: the establishment of the RECORD, as follows: make up South Dakota’s No. 1 industry has Securities Technology Institute, a re- THE MALL REMINDS PRESSLER OF SOUTH deep roots going back to his youth on a DAKOTA search facility with the Johns Hopkins small family farm near Humboldt. (By Robert Pore) Applied Physics Laboratory, to assess ‘‘We have to be very careful to protect our smaller family farms,’’ he said. ‘‘Growing up emerging technology and evaluate fea- WASHINGTON.—Every morning Sen. Larry Pressler starts his day with a jog along The on a family farm, I showed livestock in 4–H tures and additional protections for Mall in Washington. and at the State Fair. I consider myself a currency and other security docu- The shrines, monuments and museums farmer. I’m interested in the welfare of our ments. alongside The Mall from the Capitol to the family farmers and ranchers.’’

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14401 Pressler said instead of rushing through eign aid appropriations bill that I can budget situation. I also want to single legislation that he feels would be a det- recall. I want to congratulate Senator out Bob Lester, whose extraordinary riment of the state’s family farming herit- MCCONNELL for his efforts in getting knowledge of the Foreign Assistance age, he would rather see a continuing resolu- the bill done, and for the overwhelming Act prevented us from making any tion that will extend the 1990 Farm Bill for another year if there’s an impasse on farm bipartisan vote. I think it shows that egregious drafting errors. Without Bob, bill legislation. despite assertions to the contrary, the I hate to think what kind of laws we ‘‘Farm bills are always late because they Senate and the American people do would pass. are so controversial and they require so support foreign aid. At the Treasury Department, Robert much work,’’ he said, ‘‘this year in par- I also want to thank a number of Baker and Victor Rojas did their best ticular because of the severe budgetary crisis other people who contributed greatly to convince a skeptical Congress of the we are in. to putting this bill together, and get- importance of maintaining U.S. leader- ‘‘We have producers in South Dakota who ting it passed. ship in the international financial in- are not in the farm program, such as many In the Congress, the majority clerk stitutions. of our cow-calf operators. We have to think At the Defense Security Assistance about them in terms of international trade of the Foreign Operations Sub- and exports. But we also have to think about committee, Jim Bond, was indispen- Agency, Michael Friend and Vanessa the impact the huge deficit has on farmers. sable. Jim has been around here a long Murray were always ready to help. If the deficit stays as high as it is, it will time, and has gained the unqualified Mr. President, I am sure that I have mean higher interest rates.’’ respect of both sides of the aisle. Sen- left out people I should not have. For ‘‘While balancing the budget is a top pri- ator HATFIELD could not have a more that I apologize. let me simply con- ority for Pressler, he doesn’t want the num- competent and dedicated adviser to the clude by saying that I have greatly ap- bers game to take priority over the people he preciated the help of all these dedi- represents. subcommittee. Jim was very ably as- sisted by Juanita Rilling, who has also cated people in getting the foreign op- ‘‘I come from a family farm and I have erations bill through the Senate. I seen how farm families struggle on the gained an expertise in the foreign as- land,’’ he said. ‘‘We have to be very careful, sistance programs. often wish that critics of the Federal but on the other hand we have to be honest On Senator MCCONNELL’s personal Government would come to Wash- with people. There’s a lot of stuff floating staff, Robin Cleveland was instru- ington and see what people like those I around this year from the inside-the-Beltway mental in preparing the fiscal year 1996 have mentioned do every day. They bureaucrats. Every time we have asked the bill, and in finding common ground would see that they are exceptionally bureaucrats to reorganize they have threat- intelligent, committed people who ened to close some local offices or take away with my staff in developing a product that Senator MCCONNELL and I could work extremely long hours at a frac- some local services.’’ tion of the pay many of them could Pressler said the new farm bill must help support and defend. Robin did a superb producers make a decent living and allow job in her first year as the sub- earn in the private sector. They de- them flexibility about what and where they committee chairman’s principal ad- serve our respect, and our thanks. can plant without all the hassle of govern- viser on a wide range of foreign aid f ment rules and regulations. issues. Robin also had the very able But he said the most important thing law- THE PASSING OF CHRISTOPHER makers can do when writing the farm bill is and tireless assistance of Billy Piper. VAUGHN On my side, Tim Rieser, who was a to provide a framework that assists begin- Ms. MOSELEY-BRAUN. Mr. Presi- ning farmers and provides opportunities for member of the subcommittee staff dur- dent, I would like to take a moment to the next generation of South Dakota agricul- ing my 6 years as chairman, gave me remember Christopher Vaughn. A good tural producers. fine assistance throughout. Dick man died on Sunday and he will be During the 20 years Pressler has been in D’Amato, a member of the committee Washington, the number of farms in South missed by his friends, family, and loved staff, expertly handled several impor- ones. Christopher Vaughn was a joyful, Dakota has dropped from 43,000 to 33,000 this tant and difficult issues, including the year. fun loving, and giving person. Every ‘‘When I was in 4–H there was a lot of compromise that was reached on the time I had the chance to be around him young farmers who went into farming and language concerning Korea and several I felt lucky. I enjoyed our conversa- that was their dream,’’ he said. ‘‘But now- amendments on the former Yugoslavia. tions and remember the laughter and adays many of the young 4–H’ers I talk to I want to thank him and Senator BYRD smiles that always accompanied those don’t go into farming or ranching. They go for his contribution. occasions. out of state in many cases to take jobs.’’ Janice O’Connell and Diana Olbaum He said technological changes are a big Christopher Vaughn was an incred- of the Foreign Relations Committee ible talent. He was a scholar in Renais- factor, making it more expensive to get staff helped resolve several difficult started in farming. But he said young people sance history, and he had a natural also don’t have the opportunity to borrow issues. Pam Norick on Senator MUR- flair for the world of entertainment. It the seed money they need. RAY’s staff and Robin Lieberman on is a great thing for a person to use a ‘‘We have to be constantly tailoring some Senator FEINGOLD’s staff were very natural ability to its fullest, and that of these loan programs for young farmers, helpful in preparing for the contentious is what he did. change the estate tax law (which I’m trying debate on international family plan- Chris began his career writing schol- to do as a member of the Senate Finance ning. arly papers in Spain and then turned Committee) and income averaging for farm- There are many people in the admin- his literary skills to the entertainment ers, so young producers can get started,’’ istration who deserve mention. While I Pressler said. industry when he joined the Hollywood Getting the message about the needs of cannot name them all, I do want to Reporter in 1987. It is clear why he was South Dakota farmers across to his col- recognize Wendy Sherman, the Assist- such a success. He was smart, witty, leagues is hard, especially when farmers only ant Secretary for Legislative Affairs at and eloquent. His promotion to man- make up about 2 percent of the nation’s pop- the State Department. Wendy has been aging editor of special issues was a sur- ulation of 700,000 plus is a mere drop in the a tireless advocate for the Secretary, prise to no one, I am sure. Working at bucket to the country’s 260 million people. and for the American people. Her dep- Nickelodeon as the director of talent ‘‘It is very, very hard because people don’t uty, Will Davis, was an indispensable relations, he brought great talent to want to listen sometimes,’’ Pressler said. link between me and my staff, and the ‘‘They think that our farmers are doing OK the network. and they read about the subsidies they re- State Department. Will’s good natured His work at Dolores Robinson Enter- ceive. There’s a lot of disinformation out manner and willingness to search for tainment certainly paved the way. He there that really makes my job a challenge.’’ the answer to any question we had was and Delores were the team who adopted f greatly appreciated. me in the early days of my effort to be At the Agency for International De- elected to the U.S. Senate. Of course, it THANKS TO THE STAFF velopment, Jill Buckley, Assistant Ad- was Chris who attended to the details. Mr. LEAHY. Mr. President, last ministrator for Legislative and Public He understood that history is written Thursday, the Senate passed the fiscal Affairs, with the assistance of Bob from the details, and that each person year 1996 foreign operations bill. The Boyer and Marianne O’Sullivan, and so can make a difference in the way that vote was 91 to 9. That is the largest many other people, made it possible for challenges are resolved. Perhaps it was number of Senators to vote for a for- us to manage with a very difficult his appreciation for history that made

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14402 CONGRESSIONAL RECORD — SENATE September 27, 1995 him such an advocate for my election, with the combination of a 2.9-percent As I said, Mr. President, that trend but I like to think it was more his vi- payroll tax and a health insurance pre- really rapidly accelerates when the sion for the future which so inspired mium paid for by 37 million bene- baby boomers retire some 6 years later. him. ficiaries over the age of 65 with $46 or The entitlement commission tried to While his re´sume´ is impressive, it is so a month, that funds about 30 percent say to Americans, ‘‘Let’s make changes the goodness of the man I will remem- of the part B, the doctor’s payment, as in our programs sooner rather than ber. His name was not in the headlines well as $80 billion program for Med- later.’’ The sooner we do them the big- every day, but he touched the lives of icaid. ger the future impact and the more everyone he met. He was a man who These are the most rapidly growing time we can give beneficiaries or re- did much to leave this world a better items in the budget. They are not the cipients, in the case of Medicaid, with place than he found it. The entertain- most, but in terms of total dollars, this time to plan. ment world will miss him, his family $250 billion collective program has got- They can begin to adjust their own will miss him, and together with all of ten quite expensive. It has tormented a thinking about planning. If you have to his other friends, I will miss him. lot of Members who have been trying adjust the eligibility age, which we f to figure out what to do to control the recommended over a period of time; or growth, in particular, of entitlements. if you have to phase in some change in THE BAD DEBT BOXSCORE Last year, Senator Danforth, a premium payments, or whatever. Give Mr. HELMS. Mr. President, on the former Senator from Missouri, and I people time to plan. It is more likely memorable evening in 1972 when I was made some recommendations about they can adjust. first elected to the Senate, I made a what should be done to reform entitle- There are tough recommendations, commitment to myself that I would ments. The purpose of our rec- Mr. President. Contained inside of the never fail to see a young person, or a ommendation was to say to Americans recommendations was another pre- group of young people, who wanted to that we should agree that no more than sumption which is that we are seeing see me. a certain percentage of our budget the marketplace work. It is a rel- It has proved enormously beneficial would go to entitlements, plus net in- atively recent change in health care. to me because I have been inspired by terest. When we debated health care 4 years the estimated 60,000 young people with Looking at the future, given the cur- ago, the facts as presented to the whom I have visited during the nearly rent trend lines particularly with the American people would cause you to 23 years I have been in the Senate. enormous demographic problem, most- believe that actually the Government Most of them have been concerned ly demographic not political problem, was doing a better job of controlling about the enormity of the Federal debt of 60 million baby boomers starting to costs than the private sector. Private that Congress has run up for the com- retire in 2008, look at that problem and sector costs exceeded the public side. ing generations to pay. the cost of our entitlements not too Today not only is that reversed, but The young people and I almost al- long after the year 2008—all of our strikingly so. We are seeing in some ways discuss the fact that under the budget will be consumed by entitle- parts of the country where a high per- U.S. Constitution, no President can ment spending. centage of managed care, even some spend a dime of Federal money that When I say all, there are not very declines in overall cost of health care, has not been authorized and appro- many things in Washington, DC, that where the public sector continues to priated by both the House and Senate have stayed constant over the years. grow in double digits. of the United States. One that has stayed constant, except That sort of frames a little bit, in a That is why I began making these for two periods in this century, World preliminary fashion, why I was pleased daily reports to the Senate on Feb- War II and for a period during the Viet- with the Progressive Policy Institute’s ruary 22, 1992. I wanted to make a mat- nam war, the percent that has been proposal. It does propose to address the ter of daily record of the precise size of withdrawn from the economy to fund problem of growing entitlements, and the Federal debt which as of yesterday, Federal programs, approximately 19 it does propose to take advantage of Tuesday, September 26, stood at percent, about how much we withdraw the changes that are occurring in the $4,953,250,764,121.84 or $18,802.63 for from the economy, a fifth of the U.S. marketplace, to restructure Medicare every man, woman, and child in Amer- economy is used to fund Federal pro- and Medicaid to take advantage of the ica on a per capita basis. grams. That really has not changed ex- changes that are occurring. Mr. BURNS. I suggest the absence of cept for two wartime situations. Let me say, Mr. President, one of the a quorum. It is likely that indicates that is things I do when I am at home and The PRESIDING OFFICER. The about what Americans think we ought talking about the current debate about clerk will call the roll. to be withdrawing from the U.S. econ- Medicare and Medicaid is to say I am The bill clerk proceeded to call the omy for the Federal Government. pleased that Republicans are trying to roll. There may be some that would argue preserve and protect the program. Mr. KERREY. Mr. President, I ask we ought to do more, not very many; Many Republicans were not, as you unanimous consent that the order for and maybe some would argue we should know. Some Republicans were opposed the quorum call be rescinded. do dramatically less. Probably it to this over the years. Now what we The PRESIDING OFFICER. Without means we will spend about 19 percent. have appears to be almost unanimous— objection, it is so ordered. If that is the constant, Mr. President, Republicans saying not only do we Mr. KERREY. Mr. President, I ask it is very alarming to see the growth of think Medicare is a good idea, we want unanimous consent I be allowed to entitlements in net interest because as to preserve Medicare for our children speak for 15 minutes as in morning it grows it decreases the amount of and for our grandchildren. business. money available to defend our country, Mr. President, let me point out that The PRESIDING OFFICER. Without to keep our cities safe, educate our underneath the program is a presump- objection, it is so ordered. children, to build our roads, our sew- tion, an assumption that we have to f ers, our water system, space explo- believe before the program itself can ration—all those sorts of things. stand, before we can reach the conclu- PROGRESSIVE POLICY INSTITUTE This year’s budget, 67 percent of our sion that we want to preserve and pro- Mr. KERREY. Mr. President, this budget goes to entitlements and net in- tect it. That assumption is this: No morning, myself, Senator BREAUX, Sen- terest, and in the year 2002 at the end matter what we do with the market- ator LIEBERMAN and Senator NUNN of the 7-year budget resolution that we place, no matter what happens with stood with an organization called the are operating under, it will be 75 per- our economy, there is apt to be some Progressive Policy Institute to em- cent—an 8 point increase in a span of 7 Americans that will not be able to af- brace some recommendations, an out- years. That is a lot of money, about ford to buy health insurance, for what- line of recommendations they made to $135 billion or $140 billion increase in ever the reason. They may be disabled. reform both the Medicare Program—a entitlements, if you do it in a single In this case with Medicare it is the el- $170 billion program that is funded year. derly. Say they are over 65 and likely

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14403 not to be working. Their health costs icaid, as they are currently con- work the kind of, really, miracles that have gone up. They are in a higher-risk stituted, are an obstacle. I emphasize we have seen in the private sector. In population. It costs more. They are not this. They have become an obstacle to other words, it tends to privatize but working any longer. Thus, design a getting to the point where every single does not provide a competitive envi- program to help them purchase insur- American, just because he or she is an ronment. ance. American, knows with certainty that The proposal we presented this morn- I point that out, Mr. President, be- they are covered and they are going to ing, over the next 5 years does four cause it basically means Republicans be required to pay according to their things that are very important. It does and Democrats have agreed that there capacity to pay. But they do not doubt, not get everything done over the next is a role for Government to help Ameri- whether they are 65 or 25 or 55; they 5 years, but it does four things that are cans who cannot purchase, who cannot ought not doubt. terribly important. afford to purchase health insurance. We spend $400 billion a year, direct No. 1, it privatizes insurance for We have agreed on that. and indirect—either direct with tax ex- Medicare beneficiaries. We say the Fed- In this case a rather expensive Gov- penditures or indirectly with tax sub- eral Government ought to do a much ernment role—$170 billion for Medicare sidies—on health care at the Federal more limited number of things than and $80 billion for the Medicaid pro- level every single year. That is plenty they are doing today. It ought to make gram. to get everybody covered. certain we have a market. It ought to The proposal that the Progressive The way the current programs are make certain Medicare can use its tre- Policy Institute put forward this morn- designed, they are a structural barrier, mendous purchasing power to get cost ing, and I am here this afternoon to a fiscal barrier, and need I say, it ought savings from the private sector. There talk about it at great length, does not to be obvious from the current debate, are lots of things that Medicare can do, view Medicare as a source of money to a political barrier to getting ourselves but it ought not try to micromanage fund deficit reduction although I be- to the point where all Americans know the health care environment. lieve we have to look because of the with certainty they are covered, know So that is Medicare. We ought to pri- cost of the program to Medicare for with certainty they have a responsi- vatize it and move it in the direction of deficit reduction. bility to pay, have the information becoming a privatized insurance for It says, instead, that we need to upon which they can make decisions Medicare beneficiaries. In the area of transform the Medicare program from about quality, about price. Medicare, we need not only to cap the what is essentially a very mater- One of the most powerful bumper individual amount for acute care, but nalistic program into an instrument stickers we had in the health care de- we also need to deregulate the States for empowering citizens to solve com- bate is true, which was, ‘‘If you think so they can continue to use the market mon problems. A rather simple but health care is expensive now, wait at the State level, to continue to use very important change in the policy. until health care is free.’’ the private sector to produce the kind Medicare today is run by the Federal In short, Americans need to under- of cost savings that the private sector Government, does not take much ad- stand that there is a cost attached to has produced in the last 2, 3, 4 years. vantage of what is going on out in the demands. The current system, I be- So capping the Medicaid entitlement, market, does not take much advantage lieve, the way we have Medicare struc- the individual entitlement is critical. of competitive forces. It is much more tured and the way Medicaid is struc- But deregulating the States for that of a maternalistic—we will figure out tured and the way the VA is structured acute care is equally critical so they what is good for you and tell you how and the way our income tax system is can begin to fashion programs. the program is operated. structured, provides a barrier, really, I believe it will be a mistake to block Their proposal, which I like very, as I said, a political, a structural, as grant Medicaid at this point. Perhaps very much, says we should move in the well as a fiscal barrier to getting us 6, 7, 8 years down the road, after we direction of empowering Americans to where I think most of us want to go, have really seen this thing move more make more of their own decisions which is every American knows with aggressively in the private sector. We about this problem of acquiring health certainty they are covered, knows that have a bit of a problem because of the care and making health care decisions. they have responsibilities in the sys- Federal-State relationship. I think it Second, those of us who have spent a tem, knows clearly what those respon- would be far—not think, I very strong- great deal of time with entitlements sibilities are, and knows not to ask for ly believe it would be far sounder for us and who have long ago reached the con- more than what is, in fact, reasonable. to cap the entitlement and deregulate clusion that Medicare is a good pro- There are flaws in the Republican so the States could use the market gram that deserves our support, know proposal. I will mention them briefly. I much more as a consequence. health care entitlements are very ar- do not want to dwell too long on them Long-term care is much more of a chaic. They no longer fit inside the here because I am really not trying problem. As people who have looked at context of what we see going on in the this afternoon to attack the Repub- it know, the long-term piece, although private sector. They are governed by lican proposal. More, I am trying to see it is a much smaller number of people arbitrary political and budget goals. if it is possible to reach some con- covered, it is a very large part of the They are managed by command and sensus with Republicans who indeed total Medicaid spending—the long- control regulation. And, very often, want to reform this system; to make term piece. We are also, in my judg- they tend to reproduce inefficiencies in sure, when we take action that might ment, going to have to have some capi- other sectors of the health care sys- be politically difficult, that we have an tation of payment. But we are going to tem. exciting and constructive improvement have to encourage States to develop Third, and very important, if you buy in the system. private sector solutions. We simply into this idea the Republicans and I believe the proposal ignores the cannot provide, through the Govern- Democrats now agree, since I believe baby-boom generation. I have men- ment, all the long-term care require- most if not all Republicans now say we tioned it before. This solution takes us ments that are out there. We have to should preserve and protect Medicare— out to 2002, maybe 2005. We have not basically take the Medicaid Program, that is what I am hearing, at least, seen anything yet when the demo- as we were proposing to do with Medi- from Speaker GINGRICH and others—if graphics of the baby-boom generation care, move it as quickly as possible to- that is the case, underneath that is a becomes apparent to us. We are, I ward a private sector solution. presumption that we have Americans think, going to be very sorry we did The third thing that we are saying is, out there who cannot afford to buy. not take action sooner rather than make health care subsidies fair. The What we ought to be trying to do is later. It, in many ways, continues the most important thing we do there is to fashion the program so those who can- status quo. It does provide people with cap the income tax deduction. Some not afford have the means to make the more choice in the private sector, but will say, ‘‘You are increasing taxes on purchase and those who can are re- not in the kind of vigorous competitive my health insurance.’’ Our proposal quired to make the purchase on their environment that we need if we expect caps it at a high enough level inside of own. It seems to me Medicare and Med- to see the forces of the marketplace the market that nobody is going to be

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14404 CONGRESSIONAL RECORD — SENATE September 27, 1995 able to say that they are paying taxes we would like to have you pay for it.’’ us not have the Federal Government on normal health care. They are going We typically try to spread the cost commanding the system to do some- to be paying taxes on that beyond what over somebody else’s income. thing that is going to cost the taxpayer the market judges to be in the median Second, we should protect the value more and perhaps end up delivering range. of the subsidy while avoiding an unlim- lower quality care. It is very uncomfortable for upper-in- ited subsidy. It is a very important In closing, one of the most exciting come people to have to consider that thing for us to do. We need to protect areas of effort that is ongoing right one of the things that is going on if the value of the subsidy so that it now in the area of waste, fraud, and they are in the 40-percent tax bracket, moves with inflation. But we cannot abuse is by Senator GRAHAM of Florida let us say, is that if they are buying a continue with a system that says the and Senator HARKIN of Iowa. A long health insurance policy of $7,000 or subsidy is unlimited, the sky is the time ago a rather clever fellow by the $8,000 a year, they are receiving a $2,800 limit, and whatever you need we will name of Willie Sutton said, ‘‘The rea- to $3,200 subsidy as a result of receiving pay for it regardless of what contribu- son I rob banks is that’s where the that deduction, and very often receiv- tions you have made, regardless of money is.’’ At $250 billion, if Willie ing that subsidy from people who do what your income is, and regardless of not have health insurance. your wealth status. were around today, he would be apt to So this says, let us make it fair. Let Third, we need to maintain the col- be looking at Medicare and Medicaid. us keep the deduction in place so you lective purchasing power of Medicare People are getting ripped off by a sub- can encourage the individuals to pur- and Medicaid. That is extremely im- stantial amount. They know how to chase and encourage the employers to portant. The Government can help game the system. They are well orga- provide it, but let us cap it out so those drive down the cost if they use that nized. I am not talking typically about subsidies end up being not only fair but purchasing power in a constructive individuals. I am talking about people consistent with our desire to make fashion instead of sort of laying back who are in it for the money, for the sure that we provide subsidies to peo- and saying we will pay out whatever is dough. ple who need them but do not provide submitted to us. The law currently I think we have an obligation to do subsidies to people who do not. does not allow HCFA to do that sort of everything that we can to use competi- The fourth thing we are attempting thing. We are talking about not elimi- tion, not only to get the price down as to do—there are a whole series of nating HCFA but moving HCFA in a di- low as possible, but to make sure that things that need to be done, including rection where it does a different set of we hold to a very high standard of ac- the creation of a health care network things than it is currently being asked countability those people who find and additional information provided to by our laws to do. themselves being qualified as pro- consumers—we are trying to create a Fourth, we must enable bene- viders. universal health care marketplace. So ficiaries—250 million to 260 million—to the decisions and choices that are become more informed. At the end of Mr. President, again, I applaud what made by individuals about price and the day we are the ones that create the I see as essentially a Republican con- the decisions and choices made by indi- demand. We are the ones, as a con- version that Medicare is a good pro- viduals about quality will determine sequence of our own evaluation of gram, that we ought to preserve and the nature of our delivery system, the health and what we are willing to do, save it. I think that is an awfully good nature of our payment system. Again, who create the demand. We have to be- piece of news. The underlying principle for emphasis, we want the negotiation come better informed both about cost that should enable us to make deci- for price to occur out there in the mar- and about quality. sions, not just for the short term where ket. Fifth, we have to align Medicare and in truth not much effort is needed to We do not want the negotiations for Medicaid with trends towards cost-ef- save Medicare in the short term over price to occur here in Washington, DC. fective care in the private sector rather the next 7 to 10 years—not that much That kind of top-down, paternalistic than again just engaging in a debate change is required—but to take advan- system I think is a recipe for either in- about, are we cutting too much, and tage of the marketplace and to solve creased regulation or unsuccessful ef- are we cutting too little? We need to the problem that is created when the forts to control costs. take advantage of what is going on in baby boomers retire. A good deal more So the proposal in its early stages is the private sector with the objective of than what I have seen thus far in the relatively simple. It is not easy, but it getting every single American inside Republican proposal needs to be done. is based upon a vision of a universal the system. So I am hoping that this statement— marketplace for all Americans where Next, we have to create a privately and others that I will make on this everybody knows they are covered, run, decentralized system to deliver issue of Medicare and Medicaid, if not where everybody knows what their re- our health insurance as opposed to, this year in the budget deliberations, sponsibilities are, and where everybody again, a centralized system that tends throughout the next year as we begin knows the costs attached to their de- to be more paternalistic and not ter- to do next year’s budget delibera- mand. ribly creative, not nearly as creative as tions—I am hoping that we can in fact There are seven things I would like what the market can do. build some bipartisan coalition around to emphasize inside trying to create Seventh, we should limit the Govern- the need to control the rapidly rising this buyers’ market for Medicare and ment role to the essential. cost of entitlements that is squeezing Medicaid. Again, division for me is re- This gets me back where I was at the out our ability to make long-term in- moving from a paternalistic federalized beginning. Mr. President, it is terribly vestments in our future, and the in- system into a system where everybody important to argue and decide what do creasing insecurity that all Americans knows that they are covered but their we want the Federal Government to do. feel as a consequence, I think, of very decisions are shaping both the delivery It appears to me that we have achieved inefficiently run Federal programs. and the payer system for the kinds of consensus that there is a legitimate Mr. President, I yield the floor. I sug- products that companies offer for sale. role for Government, at least for 37 First, we use market mechanisms to million Americans who are over the gest the absence of a quorum. determine proper levels of supply and age of 65. It seems to me that we have The PRESIDING OFFICER. The demand. Let the market make that de- reached consensus. The principle ought clerk will call the roll. cision. If we try to make that decision to be that the reason we are helping The assistant legislative clerk pro- here in a political environment, it is people over 65 is they cannot buy. They ceeded to call the roll. very difficult for us to say no and very are having trouble buying. Let us limit difficult for the majority of us, when the role of Government to help those Mr. SPECTER. Mr. President, I ask appeal is made, to say no. It is not al- who cannot buy purchase it. But let us unanimous consent that the order for together likely that we are going to be not subsidize—whether it is me or you, the quorum call be rescinded. honest and say to somebody, if we say Mr. President, or anybody else—people The PRESIDING OFFICER. Without yes, ‘‘By the way, here is the cost, and that do not need to be subsidized. Let objection, it is so ordered.

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14405 LABOR, HEALTH AND HUMAN America’s children, and job training Also, there is a possibility that funds SERVICES, AND EDUCATION AP- activities to keep America’s work force might be given directly to local school PROPRIATIONS competitive within world markets. districts subject to veto power by the Mr. SPECTER. Mr. President, we The funds are not adequate, Mr. State which has sovereignty. But it is have been in a quorum call trying to President, but they are the best that my hope that states will use Goals 2000 work out an arrangement on the bill on can be done under the circumstances. to set these standards to strengthen Labor, Health and Human Services and The House budget was less than ours. education in America. Education, of which I am the manager We had almost $1.6 billion additional On biomedical research, Mr. Presi- for the majority as chairman of the ap- funding, and we have put all of that dent, we have for the National Insti- propriations subcommittee, and in the money into education. tutes of Health nearly $11.6 billion, an That is a subject, Mr. President, that absence of any action on the bill up to increase of some $300 million over the I feel very strongly about from my the moment—we are optimistic we will fiscal year 1995 appropriations. These days growing up where education was have agreement on a procedure to funds will boost the biomedical re- very heavily stressed in the Specter move ahead—I thought it would be use- search appropriations to maintain and household really because my parents ful to take this time to make what strengthen the tremendous strides had so little of it. which have been made in unlocking would in effect be an opening state- My father, as an immigrant from ment on the bill so that people will be medical mysteries which lead to new Russia, coming to this country as a treatments and cures. Gene therapy of- aware of what this bill means. young man of 18, had no formal edu- The Labor, Health and Human Serv- fers great promise for the future. In the cation at all. My mother came with her ices and Education bill, which will 15 years that I have been in the Senate, family when she was 5 years old from a shortly be before the Senate, totals all those years on the appropriations small town on the Russian-Polish bor- subcommittee dealing with health and $62.8 billion in discretionary budget au- der and she went to only the eighth thority, including $65 million in funds human services, where cuts have been grade. Her father, my grandfather, died proposed by Presidents, both Democrat from the Violent Crime Reduction of a heart attack in his mid-forties, Trust Fund. Mandatory spending totals and Republican, we have increased and she had to leave school in the funding for medical research, which I $200.9 billion, an increase of $17.7 bil- eighth grade to help support the fam- think it is very important. lion over the 1995 levels, but those are ily. My brother, my two sisters and I, mandatory expenditures over which we Two years ago, I had a medical prob- having had excellent educational op- lem and was the beneficiary of the MRI have no control, entitlements. These portunities, have been able to share in totals are within the subcommittee’s developed in 1985, after I had come to the American dream. the Senate, a life-saving procedure to 602(b) allocation for both budget au- I think in the long run education is detect an intracranial lesion. So I have thority and outlays, according to the the answer. If you take a look at vir- professional, political, and personal ex- Congressional Budget Office. The allo- tually all of the problems that beset periences to attest to the importance cation falls over $7 billion below the our society, problems of welfare, prob- of health research funding. original appropriated funds for fiscal lems of teenage pregnancy, problems of On Alzheimer’s disease, Mr. Presi- year 1995 and $4.4 billion below the disintegration of the family, problems dent, this last year the United States postrescission levels. of crime, education would be the long- spent over $90 billion to care for Alz- That means we have an enormous cut range answer. this year, but this is on a trend line to Twenty-eight years ago, when I was heimer’s patients. This devastating dis- have a balanced budget by the year 2002 an official in the city of Philadelphia, ease robs its victims of their minds so that we do not burden further gen- working as district attorney and a can- while depriving families of the well- erations with excessive spending in the didate that year for mayor, there was being and security they deserve. present. an impressive book written, ‘‘Cities in We have been working to focus more In structuring this bill, we have tried a Race with Time,’’ and not a whole lot attention and more money into the to deal with this budget with a scalpel has changed because we really have not causes and cures of Alzheimer’s. To ad- instead of a meat ax and very carefully dug into the educational system in dress this problem, the bill contains in- approaching the allocations for the America. creased funding for research into find- most important items, and I think we One of the proposals in this bill ing the cause and cures for Alzheimer’s have succeeded in doing that. which we have funded in the Senate disease. The bill also includes nearly $5 This year has been an extremely dif- but was not funded in the House has million for a State grant program to ficult one for the subcommittee, and been the Goals 2000 program, initiated help families caring for Alzheimer’s pa- very many difficult decisions had to be under a Republican President, Presi- tients at home. The statistics are enor- made in order to stay within that allo- dent Bush, carried forward under a mously impressive, Mr. President, that cation. Democratic President, President Clin- if we could delay the onset of Alz- Senator HARKIN and I have taken a ton. heimer’s disease, we could save billions careful look at all of the programs There are two States which have not of dollars. within the bill and have sought to taken funding under Goals 2000, the On women’s health, in 1995, 182,000 make some modifications in some of State of Virginia and the State of New women will be diagnosed as having the proposals made by the House, par- Hampshire, and one State, Montana, breast cancer and some 46,000 women ticularly in education, workplace safe- will not take funding next year. will die from the disease. The invest- ty, and also funding for programs to It is my view, Mr. President, that ment in education and treatment ad- protect women against violence. Goals 2000 constitutes a very important vances led to the announcement last I take this opportunity to thank my step forward. They are voluntary goals. year that the breast cancer death rates distinguished colleague, Senator HAR- They are not mandatory. States may in American women declined by 4.7 per- KIN, for his help and cooperation in adopt other goals as they see fit There cent between 1989 and 1992, the largest bringing this bill forward to this point. are some standards. Terrel Bell, in 1983, such short-term decline since 1950. Senator HARKIN and I have worked to- was Secretary of Education when a And while this was encouraging gether on this subcommittee. Last book came forward talking about the news, it only highlighted the fact that year, in the 103d Congress, he was the crisis in the American educational sys- the Federal Government investment is chairman, I ranking; this year it is tem, and still we have failed to deal beginning to pay off. While it was dif- nicer to be chairman, and Senator HAR- adequately with that issue. ficult in a tight budget year to raise KIN has been a very cooperative rank- We held hearings in the Labor, HHS funding levels, the subcommittee ing member. and Education Appropriations Sub- placed a very high priority on women’s The important programs funded committee, on September 12, looking health issues. The bill before the Sen- within this subcommittee’s jurisdic- for a way to eliminate some of the Fed- ate contains an increase of $25 million tion provide moneys to improve the eral strings to satisfy all of the States, for breast and cervical cancer screen- public health, strengthen biomedical and we may have found changes to pur- ing, increases to expand research on research, assure a quality education for sue in an authorization bill. the breast cancer gene, to permit the

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14406 CONGRESSIONAL RECORD — SENATE September 27, 1995 development of a diagnostic test to and the full committee felt the money Higgins have been extraordinary and identify women who are at risk, and could best be spent. professional in taking inordinately speed research to develop effective On the school-to-work program, the complicated printouts and working methods of prevention, early detection committee recommends $245 million through a careful analysis of the prior- and treatment. within the Departments of Labor and ities. Funding for the Office of Women’s Education, which is maintenance of the We received requests from many of Health has also been doubled to con- level provided in 1995. We would like to our colleagues. And to the maximum tinue the national action plan on have had more money, but that was the extent, we have accommodated those breast cancer, and to develop and es- best we could do considering the other requests. We have received many re- tablish a clearinghouse to provide cuts. quests from people around the country. health care professionals with a broad On nutrition programs for the elder- We have accommodated as many re- range of women’s health-related infor- ly, for the congregate and home-deliv- quests for personal meetings as we mation. This increase has been rec- ered meals program, the bill provides could, both with the Senators and with ommended for the Office of Women’s almost $475 million. Within this their staffs. And we think this is a very Health, because of the very effective amount is $110.3 million for the home- significant bill. work that that office has been doing. delivered meals program, an increase There are people on both sides who On Healthy Start, Mr. President, of $16.2 million over the 1995 appropria- have objected to provisions of the bill. children born of low birthweight is the tion because there are such long wait- When a motion to proceed is offered, it leading cause of infant mortality. In- ing lists, so many seniors who really is my hope that we will proceed to take fants who have been exposed to drugs, depend upon this for basic subsistence. up this bill and that we will pass it. We alcohol or tobacco in utero are more On education, we have allocated the are aware that there has been the likely to be born prematurely and of full amount of the increase that our threat of a veto from the executive low birthweight. We have in our soci- subcommittee received, some $1.6 bil- branch, and I invite the President or ety, Mr. President, thousands of chil- lion. The bill does not contain all of any of his officials to suggest improve- dren born each year no bigger than the the funds we would like to have pro- ments if they feel they can do it better. size of my hand, weighing a pound, vided, but it is a maximum effort on There is a commitment in America some even as little as 12 ounces. They this important subject. to a balanced budget and, that is some- are human tragedies at birth carrying As to job training, Mr. President, we thing we have to do. We have struc- scars for a lifetime. They are enor- know all too well that high unemploy- tured our program to have that bal- mously expensive, costing more than ment means a waste of valuable human anced budget within 7 years by the $200,000 until they are released from resources, inevitably depresses con- year 2002. The President talks about a balanced budget within 9 years. I sug- the hospital. sumer spending, and weakens our econ- Years ago, Dr. Koop outlined the way omy. The bill before us today includes gest that our targeting is the pref- to deal with this issue by prenatal vis- $3.4 billion for job training programs. erable target. To the extent people have sugges- its. The Healthy Start program was And again, candidly, I would like to see tions on better allocations, we are pre- initiated, and has been carried forward, more, Mr. President, but this is the pared to listen, but this is our best to target resources for prenatal care to maximum that we could allocate. judgment. We urge the Senate to pro- high incidence communities; it is fund- As to workplace safety, the bill con- ceed with this bill. tains an increase of $62 million over ed as well as we could under this bill Mr. DOLE addressed the Chair. with increases as I have noted. the amount recommended by the House The PRESIDING OFFICER. The ma- On AIDS, the bill contains $2.6 billion for worker protection programs. While jority leader. for research, education, prevention and progress has been made in this area, Mr. DOLE. Mr. President, we have services to embattle the scourge of there are still far too many work-re- been trying to figure out some way to AIDS, including $379 million for emer- lated injuries and illnesses, and these move this bill out of the Senate. As the gency aid to the 42 cities hardest hit by funds will provide programs and in- Senator from Pennsylvania has been this disease. spect businesses and industry, weed out explaining, it is a very important bill. When it comes to the subject of vio- occupational hazards, and protect We understand the President is going lence against women, it is one of the worker pensions within reasonable to veto it. We have been trying to de- epidemic problems in our society. The bounds. termine how can we get it to the Presi- Department of Justice reports that LIHEAP is a program which is very dent quickly. each year women are the victims of important, Mr. President, to much of Of course, one way to do it is to pass more than 4.5 million violent crimes, America. It provides low-income heat- it without any amendments, have him including an estimated 500,000 rapes or ing and fuel assistance. Eighty percent veto it, and then have the fight on all other sexual assaults. of those who receive LIHEAP assist- these different amendments at a later But crime statistics do not tell the ance earn less than $7,000 a year. It is time. Unfortunately, we do not seem to whole story. I have visited many shel- a program which was zeroed out by the have an agreement on that procedure. ters, Mr. President, in Harrisburg and House, and we have reinstated it in But the two leaders have agreed to a Pittsburgh and have seen firsthand the this bill. We have effectively included a request, and it has been signed off on physical and emotional suffering so total of $1 billion here, $100 million of by the Senator from Pennsylvania, many women are enduring. In a sad, which is carryover funds, as we under- Senator SPECTER, the chairman of the ironic way the women I saw were the stand the current state of affairs, al- subcommittee, and Senator HARKIN lucky ones because they survived vio- though it is hard to get an exact figure, from Iowa, the ranking member on the lent attacks. and an additional $900 million. subcommittee. I will propound that re- The Labor-HHS-Education bill con- As the Congress consolidates and quest. tains $96 million for programs author- streamlines programs, Federal admin- Let me first explain to all Senators ized by the Violent Crime Reduction istrative costs must also be downsized. that we have a problem here because Act. The bill before the Senate con- In this bill, with the exception of the we could not come together. There tains the full amount authorized for Social Security Administration, we would have been a filibuster on a mo- these programs, including $50 million have cut program management an av- tion to proceed. In order to have a mo- for battered-women shelters, $35 mil- erage of 8 percent. Many view adminis- tion to proceed, it takes 60 affirmative lion for rape prevention programs, $7 trative costs as waste and others sug- votes to shut off debate so you can go million for runaway youth, and $4.9 gest that deeper cuts are justified. It is to the bill. That also requires that you million for community demonstration our judgment that any further reduc- set up getting a cloture motion signed. programs, the operation of the hotline tions would be counterproductive. Then it must be filed and there must be and education programs for youth. In closing, Mr. President, I want to one intervening day of the Senate’s These funds have been appropriated, thank the extraordinary staffs who session. We are within a couple of days Mr. President, after very, very careful have worked on this program. On the of completing our work on the appro- analysis as to where the subcommittee Senate side, Bettilou Taylor and Craig priations bills prior to the end of the

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14407 fiscal year. It seems to me the agree- and get it down to the President. He al- They are friends of both of ours. They ment I will ask for in a minute seems ready said he is going to veto it. There are having great difficulties sorting to achieve this 60-vote test without is no question about a veto. The veto out all this 1996 Presidential politics in having to file cloture motions to com- cannot be overridden. Then we initiate Russell, KS. ply with all other provisions of rule a new bill in the House, it will come Mr. SPECTER. That is the most en- XXII. back to the Senate, and then we have couraging thing I have heard today, I will now make the request. our fight sometime probably late Octo- Mr. President. f ber. In the meantime, it will be f wrapped in the continuing resolution. UNANIMOUS CONSENT MESSAGES FROM THE PRESIDENT f AGREEMENT—H.R. 2127 Messages from the President of the Mr. DOLE. Mr. President, I ask unan- MEASURE READ FOR FIRST United States were communicated to imous consent that at 9 a.m. on Thurs- TIME—H.R. 927 the Senate by Mr. Thomas, one of his day, I be recognized to make a motion Mr. DOLE. Mr. President, I inquire of secretaries. to proceed to consideration of H.R. the chair if H.R. 927 has arrived from f 2127; that a vote occur on the motion to the House of Representatives. proceed at 10 a.m. on Thursday; that The PRESIDING OFFICER. It has ar- EXECUTIVE MESSAGES REFERRED the time between 9 a.m. and 10 a.m. be rived. As in executive session the Presiding equally divided in the usual form. Mr. DOLE. Therefore, I ask for its Officer laid before the Senate messages The PRESIDING OFFICER. Is there first reading. from the President of the United objection? Without objection, it is so The PRESIDING OFFICER. The States submitting sundry nominations ordered. clerk will report. which were referred to the appropriate Mr. DOLE. Mr. President, I further The legislative clerk read as follows: committees. ask unanimous consent that if the mo- A bill (H.R. 927) to seek international sanc- (The nominations received today are tion to proceed does not receive 60 or tions against the Castro government in printed at the end of the Senate pro- more votes, there then be a second vote Cuba, to plan for support of a transition gov- ceedings.) ernment leading to a democratically elected on the motion to proceed at 11 a.m. on f Thursday, with the time between votes government in Cuba, and for other purposes. to be equally divided in the usual form. Mr. DOLE. I now ask for its second MESSAGES FROM THE HOUSE The PRESIDING OFFICER. Is there reading. At 2:30 p.m., a message from the objection? Without objection, it is so The PRESIDING OFFICER. Is there House of Representatives, delivered by ordered. objection? Mr. Hays, one of its reading clerks, an- Mr. DOLE. Mr. President, I further Mr. SPECTER. Mr. President, as a nounced that the House has passed the ask unanimous consent that if the sec- pro forma matter, I voice an objection following bills, in which it requests the ond vote on the motion to proceed does at this time since there is no other concurrence of the Senate: not receive 60 votes in the affirmative, Senator on the floor to raise that ob- H.R. 927. An act to seek international sanc- the motion automatically be with- jection. I do so pro forma to protect tions against the Castro government in drawn. the record, not because I would not Cuba, to plan for support of a transition gov- The PRESIDING OFFICER. Without like personally to see us proceed. ernment leading to a democratically elected objection, it is so ordered. The PRESIDING OFFICER. Objec- government in Cuba, and for other purposes. Mr. DOLE. Mr. President, I think I tion is heard. H.R. 2399. An act to amend the Truth in Lending Act to clarify the intent of such Act have explained this. This, in effect, Mr. DOLE. I thank my colleague and to reduce burdensome regulatory re- saves a couple of days going through from Pennsylvania. Senator DASCHLE quirements on creditors. the cloture route, intervening days and would have objected and appreciates f all these things. It seems to me we you doing that for him. have so many differences on each side Mr. DOLE. As I understand, the bill MEASURES READ THE FIRST TIME that this bill is in great difficulty, not- remains at the desk? The following bill was read the first withstanding the splendid efforts made The PRESIDING OFFICER. The bill time: by the managers, particularly the will be read a second time on the next H.R. 927. An act to seek international sanc- chairman of the subcommittee. legislative day. tions against the Castro government in But it also seems to me if we are not Mr. SPECTER addressed the Chair. Cuba, to plan for support of a transition gov- going to have any movement on the The PRESIDING OFFICER. The Sen- ernment leading to a democratically elected bill, we at least ought to make the ef- ator from Pennsylvania. government in Cuba, and for other purposes. fort and then withdraw the motion to f f proceed and lay the bill aside. ENROLLED BILLS PRESENTED That would leave us one additional THE RUSSELL, KS, DELEGATION bill, State, Justice, Commerce appro- Mr. SPECTER. Mr. President, I The Secretary of the Senate reported priations to deal with yet this week, thank the distinguished majority lead- that on September 22, 1995 he had pre- and also the continuing resolution, and er for working out this procedure. I sented to the President of the United also to complete in the Finance Com- have been here almost 15 years. This is States, the following enrolled bills: mittee and the Agriculture Committee the first time, I think, that only Sen- S. 464. An act to make the reporting dead- our reconciliation obligations. ator DOLE and I have been on the floor lines for studies conducted in Federal court I think the other committees, as far at the same time. I hope everyone in demonstration districts consistent with the as I know, have completed them. The Russell, KS, who has C–SPAN 2 is deadlines for pilot districts, and for other watching this proceeding. This is a full purposes. Finance Committee will meet this S. 532. An act to clarify the rules governing evening as soon as we recess, which Russell, KS, delegation now on the venue, and for other purposes. will be in a few moments. floor conducting the Senate business. I f So I hope this procedure will expedite do hope if Russell High School has not something. I am not certain what. yet initiated a course in Senate proce- INTRODUCTION OF BILLS AND Maybe it will expedite getting out this dure, they do so very, very promptly. JOINT RESOLUTIONS week. Perhaps Senator DOLE and I can nomi- The following bills and joint resolu- Hopefully, this may not happen, but I nate Mrs. Alice Mills, the sole remain- tions were introduced, read the first have discussed this with the manager, ing teacher who taught both of us, to and second time by unanimous con- Senator SPECTER, after we have these be emeritus instructor of that course. sent, and referred as indicated: two votes, if we do not receive 60 votes, Mr. DOLE. I thank the Senator from By Mr. GRASSLEY: maybe then we can convince our col- Pennsylvania. I do hope people in our S. 1276. A bill to permit agricultural pro- leagues on each side to let us pass this hometown are watching. It is a small ducers to enter into market transition con- by voice vote, send it to conference, place, but a lot of good people there. tracts and receive loans, to require a pilot

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14408 CONGRESSIONAL RECORD — SENATE September 27, 1995 revenue insurance program, and for other tion Act of 1995. This bill is similar to treated equitably in the budget proc- purposes; to the Committee on Agriculture, one introduced by the distinguished ess. Nutrition, and Forestry. chairman of the House Agriculture I also argued during the budget de- By Mr. BROWN (for himself and Mr. Committee, PAT ROBERTS, known as bate that agriculture, more than any PRYOR): other sector of this economy, has much S. 1277. A bill to provide equitable relief for the Freedom to Farm Act. the generic drug industry, and for other pur- My bill represents a transition to a to gain by achieving a balanced budget. poses; to the Committee on the Judiciary. new era of farm programs; an era that Agriculture is a capital-intensive By Mr. BURNS: will be characterized by limited Gov- business, its success dependent on low- S. 1278. A bill to establish an education ernment intrusion in the market and interest rates. Only by getting our fis- satellite loan guarantee program for commu- the unleashing of the productivity of cal house in order can we ensure a sus- nications among education, Federal, State, American agriculture. Yet the Federal tained period of low-interest rates and and local institutions and agencies and in- Government will still play a role in the continued success of the family structional and educational resource pro- farmer. viders; to the Committee on Commerce, providing a safety-net for the family farmer. So although Federal spending on ag- Science, and Transportation. riculture will be reduced, because this By Mr. DOLE (for himself, Mr. HATCH, Mr. President, this bill is a dramatic departure from the farm programs of reduction is within the context of a Mr. ABRAHAM, Mr. KYL, Mr. REID, Mr. balanced budget, agriculture will ben- SPECTER, Mrs. HUTCHISON, Mr. THUR- the past. We all know that our current efit greatly in the long run. MOND, Mr. SANTORUM, Mr. BOND, Mr. farm programs were established during But, Mr. President, it is vital that as D’AMATO, and Mr. GRAMM): the Great Depression of the 1930’s. S. 1279. A bill to provide for appropriate Federal spending on agriculture is re- The intent of the program then, as it duced, the regulations and restrictions remedies for prison condition lawsuits, to is now, was to stabilize farm income discourage frivolous and abusive prison law- on individual farmers are reduced ac- suits, and for other purposes; to the Com- while ensuring a dependable, abundant, cordingly. Because if farmers are get- mittee on the Judiciary. and inexpensive food supply. This is ac- ting less from the Government, they complished mainly by making direct f must have the tools to earn more in- payments to farmers when commodity come from the marketplace. STATEMENTS ON INTRODUCED prices are low, and implementing pro- This bill meets both of these goals: It BILLS AND JOINT RESOLUTIONS duction controls to limit the supply of reduces spending to meet the require- commodities. By Mr. GRASSLEY: ments of my sense-of-the Senate in the To a large extent, the programs of S. 1276. A bill to permit agricultural budget resolution and it dramatically the past have been successful. The producers to enter into market transi- reduces the regulatory burden placed American consumer spends less than 10 tion contracts and receive loans, to re- on farmers. percent of their disposable income on quire a pilot revenue insurance pro- Mr. President, I will take a moment food; the lowest of any Nation in the to describe how this bill accomplishes gram, and for other purposes; to the world. these goals. First, it mirrors the Free- Committee on Agriculture, Nutrition, Despite its success, the farm program dom to Farm Act by providing farmers and Forestry. has had many critics. Some criticize with a 7-year contract consisting of an- THE FARM INCOME TRANSITION ACT OF 1995 the program for its high degree of Gov- nual payments. In return, the farmer Mr. GRASSLEY. Mr. President, ernment intervention. Others argue must maintain compliance with cur- today the Senate Agriculture Com- that the benefits go primarily to large, rent conservation requirements. The mittee began marking up the com- corporate farms. Many farmers, them- total payments over the 7-year period modity title to the 1995 farm bill. Al- selves, have grown tired of the endless are capped at $43 billion, which meets though I am no longer a member of amount of paperwork and redtape asso- the requirements of the budget resolu- that committee, the farm bill has as ciated with the program. tion. much impact on my State as any other Through all the criticism, however, Furthermore, the regulatory burden piece of legislation considered before the farm program has remained vir- on farmers is significantly diminished. this body. tually unchanged for the last 50 years. For many years, the planting decisions For that reason, Mr. President, I But times have changed. And these of American farmers have been dic- have used my position on other com- changes mandate that a new direction tated, in part, by the U.S. Congress and mittees to indirectly influence farm be taken on farm programs. the Department of Agriculture. This policy. I have also formed a group, the The crisis of the 1930’s was rampant limits a farmer’s ability to maximize Farm Policy Coalition, that is co- unemployment and poverty. Drastic his profit from the marketplace. These chaired by Senator DORGAN and con- action was needed to support the in- decisions must be removed from the sists of 52 Members of the Senate. In come of ordinary Americans. hands of bureaucrats and put back into order to more directly influence the de- The crisis of the 1990’s is rampant the hands of the farmers. bate. Government spending and intervention My bill provides for full planting Today, however, the Agriculture into the lives of ordinary Americans. flexibility. Farmers’ planting decisions Committee was not able to agree on a The voters told us in no uncertain will no longer be restricted by their historical crop base. This will allow farm bill to take to reconciliation. And terms last November that they wanted farmers to plant for the marketplace there are rumors that the Budget Com- the Government out of their lives and mittee may have to act to make the and not the Federal farm program. the budget deficit brought under con- The bill also eliminates the acreage necessary cuts in farm spending. As a trol. reduction program. No longer will member of the Budget Committee, I Mr. President, the Senate approved a farmers be required to leave a portion publicly stated that the Agriculture budget resolution this spring that will of their productive land unplanted be- Committee, and not the Budget Com- bring the Federal budget into balance cause of a mandate imposed by Wash- mittee, is the best place to write the in the year 2002. This resolution con- ington. farm bill. tains a sense-of-the Senate calling for Furthermore, the bill maintains cer- But now with the Agriculture Com- a cut in spending on agriculture com- tain aspects of the current farm pro- mittee deadlocked, I feel it necessary modity programs of about $9.6 billion gram while reforming others. For in- to send a clear signal, as a Budget over the next 7 years. stance, nonrecourse loans will continue Committee member and a Senator in- During the debate on the budget, I to be made available. This is a nec- terested in the future of agriculture, on voiced my strong opposition to further essary and important marketing tool how I believe we should proceed on the cuts in agriculture spending. I will not for farmers that does not require direct 1995 farm bill; taking into consider- repeat all of the arguments I made at Government spending. ation what is in the best interests of that time, but it is clear to me that ag- On the other hand, the three-entity my State and American agriculture as riculture has contributed dispropor- rule is eliminated. Payments will now a whole. tionately to deficit reduction in the be directly attributed to farmers in- Therefore, Mr. President, I rise today past. All I asked for at that time, Mr. stead of corporations and other enti- to introduce the Farm Income Transi- President, was that agriculture be ties.

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14409 Last, the bill provides for a new era the sections as sections 428, 429, 430, 431, and trict of Columbia, the Commonwealth of of farm programs based on risk man- 432 respectively; Puerto Rico, the Virgin Islands, Guam, agement. Specifically, it directs the (3) by moving sections 108B, 204, and 206 to American Samoa, and the other territories Secretary to initiate a revenue insur- the end of title IV (as amended by paragraph and possessions of the United States. (2)) and redesignating the sections as sec- ance pilot program as an alternative to ‘‘TITLE I—FUNDING FOR FEDERAL FARM tions 433, 434, and 435, respectively; and PROGRAM COMMODITY PAYMENTS the crop insurance program. (4) by striking titles I through III and in- Revenue insurance will cost the Fed- ‘‘SEC. 101. EXPENDITURES FOR MARKET TRANSI- serting the following: TION PAYMENTS FOR 1996 THROUGH eral Government no more than the cur- ‘‘SEC. 2. DEFINITIONS. 2002 CROP YEARS. rent crop insurance program. But it ‘‘In this Act: ‘‘(a) TOTAL EXPENDITURES.—The total will give the farmer a solid and depend- ‘‘(1) CONSIDERED PLANTED.—The term ‘con- amount of funds expended by the Commodity able safety net. sidered planted’, with respect to acreage on a Credit Corporation under this title may not The program will allow a farmer to farm, means acreage considered planted to a exceed $46,920,000,000 for— pay a premium to protect himself from covered commodity (as defined in section ‘‘(1) payments made for the 1995 crop of a a significant decline in revenue, wheth- 201(a)) in the conservation reserve, or under commodity after September 30, 1995; and ‘‘(2) market transition payments for a er it is caused by crop loss or low a program in effect under this Act through the 1995 crop of a commodity or the 1996 crop commodity for the 1996 through 2002 crops. prices. Thus unlike crop insurance, the of winter wheat on— ‘‘(b) TOTAL EXPENDITURES PER CROP farmer is protected from both natural ‘‘(A) any reduced acreage on the farm; YEAR.—The Secretary shall, to the max- disasters and from situations when too ‘‘(B) any acreage on the farm that pro- imum extent practicable, expend not more much grain on the market causes ex- ducers were prevented from planting to the than the following amounts on market tran- tremely low prices. commodity because of drought, flood, or sition payments: This revenue insurance program other natural disaster, or other condition be- ‘‘(1) For the 1996 crop, $8,260,000,000. truly represents a revolutionary new yond the control of the producers; ‘‘(2) For the 1997 crop, $7,240,000,000. ‘‘(3) For the 1998 crop, $7,080,000,000. farm program. ‘‘(C) acreage in a quantity equal to the dif- ference between the permitted acreage for a ‘‘(4) For the 1999 crop, $6,850,000,000. Mr. President, the future of Amer- ‘‘(5) For the 2000 crop, $6,590,000,000. ican agriculture is not in Government commodity and the acreage planted to the commodity, if the acreage considered to be ‘‘(6) For the 2001 crop, $5,490,000,000. payments and subsidies. The future of planted is devoted to conservation uses or ‘‘(7) For the 2002 crop, $5,380,000,000. American agriculture rests on the abil- the production of crops permitted by the ‘‘(c) COMMODITY CREDIT CORPORATION.— ity of farmers to remain competitive in Secretary under the programs established for ‘‘(1) SALARIES AND EXPENSES.—No funds of a world marketplace. any of the 1990 through 1994 crops of a com- the Commodity Credit Corporation may be The role of government consists of modity; or used to pay any salary or expense of an offi- opening access to new markets for ag- ‘‘(D) any acreage on the farm that the Sec- cer or employee of the Department of Agri- retary determines is necessary to be included culture in connection with the administra- ricultural products, providing research tion of market transition payments or non- for the development of better crops and in establishing a fair and equitable crop acreage base. recourse commodity loans. new uses for existing commodities, and ‘‘(2) CROP ACREAGE BASE.—The term ‘crop ‘‘(2) AGRICULTURAL PRODUCTION.—No funds providing a safety net for the family acreage base’ means the average of the quan- of the Commodity Credit Corporation in ex- farm structure. tity of acres planted and considered planted cess of the amounts authorized by subsection Mr. President, I am convinced that to the commodity for the 1990 through 1994 (b) may be used to support— not only will American agriculture crops, including the crop acreage base for ‘‘(A) the price of a covered commodity (as reach unprecedented levels of produc- extra long staple cotton established under defined in section 201(a)) or any similar ac- section 103(h)(5) (as in effect prior to the date tivity in relation to the commodity; or tivity and profitability in the future, ‘‘(B) the income of producers on a farm. but there will continue to be a vital of enactment of the Farm Income Transition ‘‘TITLE II—MULTIYEAR PAYMENTS TO IM- role for the family farmer. Act of 1995). ‘‘(3) DOUBLE CROPPING.—The term ‘double PROVE FARMING CERTAINTY AND The independent, family farmer is cropping’ means a farming practice, as de- FLEXIBILITY still the backbone of the agricultural fined by the Secretary, that has been carried ‘‘SEC. 201. MARKET TRANSITION PAYMENTS. economy in my State of Iowa. These out on a farm during at least 3 of the 5 crop ‘‘(a) DEFINITION OF COVERED COMMODITY.— farmers tell me that they can compete years immediately preceding the crop year In this section, the term ‘covered com- with the large farms, if they only have for which the crop acreage base for the farm modity’ means wheat, corn, grain sorghums, a level playing field and equal access to is established. barley, oats, upland cotton, extra long staple markets and information. ‘‘(4) MARKET TRANSITION PAYMENT.—The cotton, and rice. Government should do everything in term ‘market transition payment’ means a ‘‘(b) MARKET TRANSITION CONTRACTS.— its power to provide this level playing payment made pursuant to a contract en- ‘‘(1) OFFER AND CONSIDERATION.—Beginning tered into under section 201 with producers as soon as practicable after the date of en- field. I believe that the bill I have in- on a farm who— actment of the Farm Income Transition Act troduced today helps put all farmers on ‘‘(A) satisfy the eligibility requirements of of 1995, but not later than February 1, 1996, an equal footing as agriculture ap- section 201(c); and the Secretary shall offer to enter into a mar- proaches the 21st century. ‘‘(B) in exchange for annual payments, are ket transition contract with producers on a Mr. President, I ask unanimous con- in compliance with the conservation compli- farm who satisfy the requirements of sub- sent that the text of the bill be printed ance plan for the farm prepared in accord- section (c). Participating producers shall in the RECORD. ance with section 1212 of the Food Security agree, in exchange for annual payments, to There being no objection, the bill was Act of 1985 (16 U.S.C. 3812) and wetland pro- comply with the conservation compliance tection requirements applicable to the farm plan for the farm established under section ordered to be printed in the RECORD, as under subtitle C of title XII of the Act (16 1212 of the Food Security Act of 1985 (16 follows: U.S.C. 3821 et seq.). U.S.C. 3812) and the wetland protection re- S. 1276 ‘‘(5) NONRECOURSE COMMODITY LOAN.—The quirements applicable to the farm under sub- Be it enacted by the Senate and House of Rep- term ‘nonrecourse commodity loan’ means a title C of title XII of the Act (16 U.S.C. 3821 resentatives of the United States of America in nonrecourse loan paid to producers on a farm et seq.). Congress assembled, under the terms provided in section 202. ‘‘(2) ENTRY INTO CONTRACTS.— SECTION 1. SHORT TITLE. ‘‘(6) PERSON.—The term ‘person’ means an ‘‘(A) DEADLINE.—Except as provided in sub- This Act may be cited as the ‘‘Farm In- individual, corporation, or other entity, as paragraphs (B) and (C), producers on a farm come Transition Act of 1995 ’’. defined by the Secretary. shall elect whether to enter into a market SEC. 2. CERTAINTY AND FLEXIBILITY FOR AGRI- ‘‘(7) PRODUCERS.—The term ‘producers’ transition contract not later than April 15, CULTURAL PROGRAMS. means 1 or more individual persons who, as 1996. The Agricultural Act of 1949 (7 U.S.C. 1441 determined by the Secretary— ‘‘(B) CONSERVATION RESERVE LANDS.— et seq.) is amended— ‘‘(A) share in the risk of production of a ‘‘(i) IN GENERAL.—In the case of a conserva- (1) by transferring sections 106, 106A, and commodity; and tion reserve contract applicable to cropland 106B to the end of part I of subtitle B of title ‘‘(B) is, or would have been, entitled to a on a farm that expires after April 15, 1996, III of the Agricultural Adjustment Act of share of the proceeds from the marketing of producers on the farm shall have the option 1938 (7 U.S.C. 1311 et seq.) and redesignating the commodity. of including the cropland on the farm that the sections as sections 320D, 320E, and 320F, ‘‘(8) SECRETARY.—The term ‘Secretary’ has considered planting history (as deter- respectively; means the Secretary of Agriculture. mined by the Secretary) in a market transi- (2) by moving sections 104, 111, 112, 114, and ‘‘(9) UNITED STATES.—The term ‘United tion contract of the producers. To be eligi- 202 to the end of title IV and redesignating States’ means the several States, the Dis- ble, the cropland must include 1 or more crop

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acreage bases attributable to the cropland ‘‘(3) MARKET TRANSITION PAYMENT FOR 1996- authority provided by this paragraph shall (as determined by the Secretary). 2002 CROPS.—The annual market transition be in addition to, and shall not supplant, the ‘‘(ii) WHOLE FARM ENROLLED IN CONSERVA- payment for each of the 1996 through 2002 authority provided by subsection (h). TION RESERVE.—Producers on a farm who crops shall equal the product of— ‘‘(4) REGULATIONS.—The Secretary shall have enrolled the entire cropland on the ‘‘(A) the total amount of payments made issue regulations— farm, as determined by the Secretary, into to producers on a farm determined under ‘‘(A) defining the term ‘person’, as used in the conservation reserve shall have the op- paragraph (2)(A) divided by the total amount this subsection, in a manner that conforms, tion, on expiration of the conservation re- of payments made throughout the United to the maximum extent practicable, to the serve contract, to enter into a market tran- States determined under paragraph (2)(C); regulations defining the term ‘person’ issued sition contract. and under section 1001 of the Food Security Act ‘‘(iii) AMOUNT.—Market transition pay- ‘‘(B) the annual funding available for the of 1985 (7 U.S.C. 1308); ments made for cropland under this subpara- crop under section 101(b). ‘‘(B) prescribing such rules as the Sec- graph shall be made at the rate and amount ‘‘(4) ADJUSTMENT.—To maintain equity and retary determines are necessary to ensure a applicable to the market transition payment fairness in market transition payments, the fair and reasonable application of the limita- level for that year. Secretary shall, as determined appropriate, tion established under this subsection; and ‘‘(C) 1996 CROP OF WINTER WHEAT.— adjust the payments to producers on a farm ‘‘(C) providing for the tracking of pay- ‘‘(i) IN GENERAL.—Producers on a farm who to reflect the ratio of— ments made or attributed to a person or en- plant a 1996 crop of winter wheat in 1995 may ‘‘(A) the land on the farm on which there is tity (as determined by the Secretary) on the elect to enter into a market transition con- historical production and considered plant- basis of the social security account number tract, or obtain loans and payments for the ing history on 1 or more crop acreage bases; of the person or the employer identification 1996 crop of winter wheat, under the same to number of the entity. terms and conditions as were in effect for the ‘‘(B) the land on the farm for which the ‘‘(h) VIOLATION OF CONTRACT.— 1995 crop of winter wheat. producers on the farm are at risk in the year ‘‘(1) IN GENERAL.—Except as provided in ‘‘(ii) TIMING OF PAYMENTS.—The Secretary of the market transition payment. paragraph (2), if the Secretary determines shall, if the Secretary determines prac- ‘‘(e) RECEIPT OF MARKET TRANSITION PAY- that producers on a farm are in violation of, ticable, pay producers on a farm who plant a MENTS.— or have violated, the conservation compli- 1996 crop of winter wheat and elect to enter ‘‘(1) ANNUAL PAYMENT ESTIMATE.—The Sec- ance plan for the farm or wetland protection into a market transition contract for the retary shall announce the estimated min- requirements applicable to the farm, the crop— imum payment to producers entering into a Secretary may terminate the market transi- ‘‘(I) an advance payment not later than market transition contract not later than tion contract with respect to the producers. June 1, 1996; and March 15 of each year of the term of the con- On termination, the producers shall forfeit ‘‘(II) a final payment not later than Sep- tract. The producers may terminate the con- all rights to receive future payments under tember 30, 1996. tract without penalty not later than 15 days the contract and shall refund to the Sec- ‘‘(iii) SUBSEQUENT CROPS.—Producers on a after the date of the announcement. retary all payments received by the pro- farm who plant a 1996 crop of winter wheat ‘‘(2) TIMING OF PAYMENTS.— ducers during the period of the violation shall elect whether to enter into a market ‘‘(A) IN GENERAL.—Payments shall be made with interest (as determined by the Sec- transition contract for each of the 1997 not later than September 30 of the year cov- retary). through 2002 crops not later than April 15, ered by the contract. ‘‘(2) REFUND OR ADJUSTMENT.—If the Sec- 1996. ‘‘(B) ADVANCE PAYMENT.— retary determines that a violation does not ‘‘(3) DURATION OF CONTRACT.—Except for ‘‘(i) IN GENERAL.—Subject to clause (ii), the warrant termination of the contract, the the 1996 crop of winter wheat, a market tran- 1 Secretary may provide ⁄2 of the annual pay- Secretary shall require the producers to— sition contract shall apply to the 1996 crop of ment in advance to producers on a farm not ‘‘(A) refund to the Secretary a portion of a covered commodity and terminate on De- later than March 15 of the same year, at the the payments received during the period of cember 31, 2002. option of the producers. the violation, together with interest, that is ‘‘(c) ELIGIBILITY FOR MARKET TRANSITION ‘‘(ii) 1996 CROP.—If the Secretary elects to PAYMENTS.— proportionate to the severity of the violation provide advance payments for the 1996 crop, (as determined by the Secretary); or ‘‘(1) IN GENERAL.—To be eligible for market the Secretary shall make the advance pay- transition payments, producers on a farm ‘‘(B) accept a reduction in the amount of ments as soon as practicable after the date future payments that is proportionate to the must— of enactment of the Farm Income Transition ‘‘(A) own, rent, or crop share land that has severity of the violation (as determined by Act of 1995, as determined by the Secretary. the Secretary). a crop acreage base that is attributable to ‘‘(3) ELIGIBILITY.—Producers on a farm who ‘‘(i) TRANSFER OF INTEREST IN LAND SUB- the farm, as determined by the Secretary; have entered into a market transition con- JECT TO CONTRACT.— and tract shall be eligible to receive market ‘‘(1) EFFECT OF TRANSFER.—Except as pro- ‘‘(B) satisfy the criteria under paragraph transition payments if the producers comply vided in paragraph (2), if producers on a farm (2). with the conservation compliance plan for who have entered into a market transition ‘‘(2) PAYMENTS BASED ON PRODUCTION HIS- the farm and applicable wetland protection contract transfer title of the land of the TORY.—Producers on a farm shall be eligible requirements, as determined by the Sec- farm to another person, or otherwise trans- for market transition payments if deficiency retary. fer the right to receive market transition payments and, if applicable, conservation re- ‘‘(f) PLANTING FLEXIBILITY.—Producers on serve payments were made for covered com- a farm who possess 1 or more crop acreage payments, the transfer shall void the con- modities that were planted, or considered bases shall plant any crop or conserving crop tract with the producers on the farm, effec- planted, on a crop acreage base established on the acreage base to receive a market tive as of the date of the transfer, unless— on the farm for at least 2 of the 1990 through transition payment. If a perennial con- ‘‘(A) the transferee of the land or the right 1994 crops. serving crop is planted, the producers shall to receive the remaining market transition ‘‘(d) AMOUNT OF MARKET TRANSITION PAY- not be required to replant the crop in the payments agrees to assume all or a portion MENTS.— subsequent year. of the obligations of the contract in propor- ‘‘(1) DEFINITION OF PAYMENTS.—In this sub- ‘‘(g) PAYMENT LIMITATION.— tion to the transfer (as determined by the section (except as otherwise specifically pro- ‘‘(1) AMOUNT.—The total amount of pay- Secretary); and vided), the term ‘payments’ means— ments made to a person under a market ‘‘(B) the transferor agrees to transfer all or ‘‘(A) deficiency payments; and transition contract for any year may not ex- a portion of the remaining transition pay- ‘‘(B) if applicable, the lesser of— ceed $50,000. ments in proportion to the transfer (as deter- ‘‘(i) conservation reserve payments; or ‘‘(2) ATTRIBUTION.—The Secretary shall at- mined by the Secretary). ‘‘(ii) the amount of deficiency payments tribute payments to a natural person in pro- ‘‘(2) EXCEPTION.—If a producer who is eligi- that would have been made for the quantity portion to the ownership interests of the per- ble for payments under a market transition of the covered commodity considered planted son in a corporation, limited partnership, or contract dies, becomes incompetent, or is if the commodity had been planted, as deter- other entity (as determined by the Sec- otherwise unable to receive the payments, mined by the Secretary. retary). the Secretary shall make the payments in ‘‘(2) 1990-1994 PAYMENTS.—The Secretary ‘‘(3) SCHEME OR DEVICE.—If the Secretary accordance with regulations prescribed by shall determine the total amount of pay- determines that a person has knowingly the Secretary. ments— adopted a material scheme or device to ob- ‘‘SEC. 202. NONRECOURSE AND MARKETING ‘‘(A) made to producers on a farm for all tain market transition payments to which LOANS. covered commodities that were planted or the person is not entitled, has evaded the re- ‘‘(a) DEFINITION OF COVERED COMMODITY.— considered planted on the farm for the 1990 quirements of this section, or has acted with In this section, the term ‘covered com- through 1994 crops; and the purpose of evading the requirements of modity’ means corn, grain sorghums, barley, ‘‘(B) made for all covered commodities this section, the person shall be ineligible to oats, rye, wheat, upland cotton, extra long that were planted and considered planted receive all payments applicable to the crop staple cotton, rice, soybeans, sunflower seed, throughout the United States for the 1990 year for which the scheme or device was rapeseed, canola, safflower, flaxseed, and through 1994 crops. adopted and the succeeding crop year. The mustard seed.

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14411 ‘‘(b) NONRECOURSE LOANS.—For each of the ducers on a farm to comply fully with the the Committee on Commerce, Science, 1996 through 2002 crops of a covered com- terms and conditions of the program con- and Transportation. modity, the Secretary shall make available ducted under titles I through III precludes to producers on a farm a nonrecourse com- the making of loans and payments, the Sec- THE EDUCATIONAL SATELLITE LOAN GUARANTEE modity loan under terms and conditions pre- retary may, notwithstanding the failure, PROGRAM ACT scribed by the Secretary. A nonrecourse make the loans and payments in such Mr. BURNS. Mr. President, today I commodity loan shall have a term of 9 amounts as the Secretary determines are eq- introduced a bill to establish an edu- months, beginning on the first day of the uitable in relation to the seriousness of the cation satellite loan guarantee pro- first month after the month in which the failure. The Secretary may consider whether loan is made and may be extended at the dis- gram from communications among the producers made a good faith effort to education, Federal, State, and local in- cretion of the Secretary. comply fully with the terms and conditions ‘‘(c) LOAN RATE.— of the program in determining whether equi- stitutions and agencies and instruc- ‘‘(1) IN GENERAL.—The Secretary shall an- table relief is warranted under this para- tional and educational resource pro- nounce the loan rate for each covered com- graph. viders. Americans face many problems modity not later than the first day of the ‘‘(2) DEADLINES AND PROGRAM REQUIRE- and challenges in education. From marketing year for which the loan rate is to MENTS.—The Secretary may authorize the Montana to Maine, local school dis- be in effect. county and State committees established tricts to large universities, educators ‘‘(2) CALCULATION.—The loan rate for a under section 8(b) of the Soil Conservation marketing transition loan for a crop shall be are being asked to do more with less. and Domestic Allotment Act (16 U.S.C. equal to 80 percent of the simple average There is overcrowding in urban areas 590h(b)) to waive or modify deadlines and price received by the producer for the cov- other program requirements in cases in and a lack of access to educational op- ered commodity during the immediately pre- which lateness or failure to meet the other portunities in many rural areas. We are ceding 5 marketing years for the commodity, requirements does not affect adversely the being challenged as a nation, and we excluding the year in which the average operation of the program. must react as a nation with unity of price was lowest and the year in which the ‘‘(b) COMMODITY CREDIT CORPORATION.—The purpose. We must marshall our re- average price was highest. Secretary shall carry out the programs au- ‘‘(3) SIMPLE AVERAGE PRICE.—For purposes sources and save our children’s future. thorized by title I through this title through Over this Nation’s history, we have of paragraph (2), the Secretary shall deter- the Commodity Credit Corporation. mine the simple average price received by ‘‘(c) ASSIGNMENT OF PAYMENTS.—Section used good old American creativity to producers of a covered commodity for the 8(g) of the Soil Conservation and Domestic conquer many challenges and force new immediately preceding marketing year. Allotment Act (16 U.S.C. 590h(g)) shall apply horizons. I believe that technology ‘‘(d) MARKETING LOANS.— to payments or loans made under title I plays a key role in making us world ‘‘(1) IN GENERAL.—The Secretary may per- through this title. mit producers on a farm to repay a loan leaders. In the areas of space and de- ‘‘(d) SHARING OF PAYMENTS.—The Sec- fense, our technological know-how has made under this section for a covered com- retary shall provide for the sharing of pay- modity at a level that is the lesser of— ments made under title I through this title made us second to none. ‘‘(A) the loan level; or for any farm among the producers on the We should act now to apply our same ‘‘(B) the prevailing world market price for farm on a fair and equitable basis. know-how to education. Whether it be the commodity (adjusted to United States ‘‘(e) TENANTS AND SHARECROPPERS.—In car- through copper wire, glass, or sat- quality and location), as determined by the rying out this Act, the Secretary shall pro- ellites, distance learning can provide Secretary. vide adequate safeguards to protect the in- access to the vast educational re- ‘‘(2) PREVAILING WORLD MARKET PRICE.—If terests of tenants and sharecroppers.’’. sources of our Nation, regardless of the Secretary permits producers on a farm to SEC. 3. CONFORMING AMENDMENTS. repay a loan in accordance with paragraph Title X of the Food Security Act of 1985 is wealth or geographic location. There is (1), the Secretary shall prescribe by regula- amended by striking sections 1001, 1001A, a crisis facing America’s distance edu- tion— 1001B, and 1001D (7 U.S.C. 1308 et seq.). cation providers and users at all levels ‘‘(A) a formula to determine the prevailing SEC. 4. EFFECTIVE DATE. of schooling due to shortages and price world market price for the crop of a covered (a) EFFECTIVE DATE.— increases in satellite capacity. This commodity, adjusted to United States qual- (1) IN GENERAL.—Except as provided in this crisis in the distance education field ity and location; and subsection and as otherwise specifically pro- has been noted and documented by the ‘‘(B) a mechanism by which the Secretary vided in this Act, this Act and the amend- shall announce periodically the prevailing satellite and broadcasting industries ments made by this Act shall apply begin- and the National Education Tele- world market price for the crop of the com- ning with the earlier of— modity. (A) the 1996 crop of an agricultural com- communications Organization [NETO]. ‘‘TITLE III—ADMINISTRATION modity; or The crisis facing the educators is a ‘‘SEC. 301. REVENUE INSURANCE. (B) December 1, 1995. lack of availability of satellite capac- ‘‘(a) PILOT PROGRAM.—Not later than De- (2) MARKET TRANSITION CONTRACT.—Title II ity and dramatically escalating costs cember 31, 1996, the Secretary shall carry out of the Agricultural Act of 1949 (as amended which puts an educational institution’s a pilot program in a limited number of by section 2(4)) shall apply as of the begin- ability to equitably transmit instruc- States or groups of States, as determined by ning of signup for market transition pay- tions at high risk. We must start right the Secretary, under which a producer of an ments under section 201 of the Act. agricultural commodity can elect to receive (b) PRIOR CROPS.— here, right now, by taking advantage of revenue insurance that will ensure that the (1) IN GENERAL.—Except as otherwise spe- the satellite technology that exist producer receives an indemnity if the pro- cifically provided and notwithstanding any today. ducer suffers a loss of revenue, as determined other provision of law, this Act and the More than 90 American college pro- by the Secretary. amendments made by this Act shall not af- vide education and instruction to K–12 ‘‘(b) NATIONAL PROGRAM.—Not later than fect the authority of the Secretary of Agri- December 31, 2000, the Secretary shall offer school districts, colleges, libraries, and culture to carry out a price support or pro- students in other distant education revenue insurance to agricultural producers duction adjustment program for any of the at 1 or more levels of coverage that is in ad- 1991 through 1995 crops of an agricultural centers, nationwide and internation- dition to, or in place of, catastrophic and commodity established under a provision of ally. In my own State of Montana and higher levels of crop insurance. law in effect immediately before the effec- throughout the country from Wash- ‘‘(c) ADMINISTRATION.—Revenue insurance tive date specified in subsection (a). ington State through Texas to Maine, under this section shall— (2) LIABILITY.—A provision of this Act or ‘‘(1) be offered through reinsurance ar- teaches and students are receiving an amendment made by this Act shall not af- word that they will not have access to rangements with private insurance compa- fect the liability of any person under any nies; instruction heretofore received in provision of law as in effect before the appli- science, math, language, and other spe- ‘‘(2) offer at least a minimum level of cov- cation of the provision in accordance with erage that is an alternative to catastrophic subsection (a). cial events. Rural and urban school dis- crop insurance; tricts, family health centers in hard- ‘‘(3) be actuarily sound; and By Mr. BURNS: to-reach areas and rural hospitals will ‘‘(4) require the payment of premiums and S. 1278. A bill to establish an edu- be immediately impacted at the start- administrative fees by participating pro- ducers. cation satellite loan guarantee pro- up of the fall 1995 semester. If nothing ‘‘SEC. 302. ADMINISTRATION. gram for communications among edu- is done to ameliorate the crisis more ‘‘(a) EQUITABLE RELIEF.— cation, Federal, State, and local insti- than 200 small education entrepre- ‘‘(1) LOANS AND PAYMENTS.—Notwith- tutions and agencies and instructional neurial communications centers are at standing section 201(h), if the failure of pro- and educational resource providers; to risk

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14412 CONGRESSIONAL RECORD — SENATE September 27, 1995 by the fall of 1996. These are commu- EDSAT Institute was formed to ana- the sky. Users include primary and sec- nications centers in America’s col- lyze the proposal. In 1991, they issued a ondary students, college, and univer- leges, school districts, and education report entitled ‘‘Analysis of a Proposal sity students, professionals interested consortia which include State edu- for an Education Satellite,’’ and they in continuing education, community cation and television agencies who found as did the OTA report, that indi- members, and government bodies. The have invested State and local taxes to vidual States and consortiums of benefits far outweigh the costs in my create cost-effective, equitable trans- States are investing heavily in dis- mind. mission using satellite, telephone, and tance learning technologies and that A dedicated educational satellite will cable to deliver instruction and train- the education sector is a significant allow our kids to benefit from equal ac- ing in classrooms throughout the Na- market. cess to quality education. This is really tion. The organization, the National Edu- just the first step. Both NETO and I be- For an interim solution to the crisis, cations Telecommunications Organiza- lieve that a telecommunications infra- Congresswoman CONSTANCE MORELLA, tion [NETO], was formed after the structure for use by the educational Congressman CEORGE E. BROWN, JR., EDSAT Institute held seven regional sector should not be technology spe- and I have asked NASA to dedicate un- meetings during the summer of 1991. cific. I plan to continue pushing for used satellite capacity to the education Through these meetings, they recog- passage of S. 1200 to make a national sector as the prime users for a period nized the need to aggregate the edu- broadband fiber-optic network a re- up to 3 years. However, we must begin cation market for distance learning ality. NETO’s vision is for an inte- to create an adequate satellite system and concluded that an education pro- grated, nationwide telecommuni- dedicated to education to meet the gramming users organization was need- cations system, a transparent highway educational needs and demands of ed. NETO has a distinguished board of that encompasses land and space, over America’s students, teachers, and educators, public policy officials, State which educational and instructional re- workers for the future. education agencies, and telecommuni- sources can be delivered. They envision The bill introduced today will facili- cations experts who are committed to bringing together the land-based sys- tate the acquisition by an appropriate the goal of developing an integrated tems that are already in place, not re- nonprofit, public corporation of a com- telecommunications system dedicated placing them. This is an inclusive ef- munications satellite system dedicated to education. The first step is what we fort, not an exclusive one. I hope that to the transmission of instructions, are facilitating through Federal loan my colleagues will join me in making education, and training programming guarantees. this a reality. that is not subject to preemptive use If this legislation passes, the Federal Technology has transformed every by Federal Government for purposes of Government will be setting a national sector of our lives. It can transform national security. The bill would au- policy in support of a telecommuni- education as well. It will not replace thorize the Secretary of Interior to cations infrastructure for distance teachers, it will empower them with carry out a loan guarantee program learning. A policy that will cost the better teaching tools. It will inspire under which a non-profit, public cor- government relatively little compared our young people to actively engage in poration could borrow funds to buy or to the benefits our Nation will receive their education. It will expose them to lease satellites dedicated to instruc- through improved education and edu- the world around them and broaden tional programming. A dedicated edu- cational access. The risk to the Federal their horizons. Our Nation’s children cational satellite will allow us to ad- Government is minimal. The only risk deserve no less. dress two barriers faced by those in- the Government is assuming is the risk Mr. President, I ask unanimous con- volved in distance learning via sat- that the distance learning market will sent that the text of the bill be printed ellite. First, it will insure instructional dissipate. I think the findings of the in the RECORD programmers that they will be able to National Governors’ Association, the . obtain affordable satellite trans- OTA, and the EDSAT Institute prove There being no objection, the bill was mission time without risk of preemp- highly unlikely. But I also believe that ordered to be printed in the RECORD, as tion by commercial users. Second, it with distance learning, as with trans- follows: will allow educators using the pro- portation and other infrastructure-de- S. 1278 gramming to have one dish focused on pendent markets, once an infrastruc- Be it enacted by the Senate and House of Rep- one satellite off which they can receive ture is in place the market will expand resentatives of the United States of America in at least 24 channels of instructional beyond our current expectations. Congress assembled, programming—every hour of the school A dedicated satellite system will SECTION 1. PURPOSE. year. bring instructional programming It is the purpose of this Act to facilitate There is no doubt in my mind that which is now scattered across 12 to 15 the acquisition of a dedicated communica- distance learning is a growth area and satellites into one place in the sky. tions satellite system on which instruction, that there is a role for the Federal This collocation will allow educators education, and training programming can be Government in facilitating that to receive a variety of instructional collocated and free from preemption. growth. The Office of Technology As- programs without having to constantly SEC. 2. EDUCATIONAL SATELLITE LOAN GUAR- ANTEE PROGRAM. sessment’s 1989 report, ‘‘Linking for reorient their satellite dish. By making (a) PROGRAM AUTHORIZED.— Learning: A New Course for Edu- the investment in a dedicated system (1) IN GENERAL.—The Secretary of Com- cation’’ documents the recent growth on the front end, we are reducing dis- merce may carry out a program to guarantee of distance learning, calling the growth tance learning costs for educators on any lender against loss of principal or inter- in the K–12 sector dramatic. OTA an- the State and local levels. The pro- est on a loan described in subsection (b) ticipates this growth to continue. The grammers will benefit because they made by such lender to a nonprofit, public National Governors’ Association in 1988 will be able to market their program- corporation that— found that while fewer than 10 States ming to a wider audience and will be (A) is recognized for expertise in governing were promoting distance learning in guaranteed reliable satellite time at an and operating educational and instructional telecommunications in schools, colleges, li- 1987; 1 year later two-thirds of the affordable rate. A rate that will be braries, State agencies, workplaces, and States reported involvement. The NGA equal no matter how much time they other distant education centers; passed a resolution in 1988, and revised buy. Programmers include public (B) was in existence as of January 1, 1992; it in 1991, expressing their support for a schools, colleges, universities, State (C) the charter of which is designed for af- dedicated education and public purpose agencies, private sector corporations filiation with Federal, State, and local edu- satellite-based telecommunications and consortiums, such as the star cational and instructional institutions and network. Following their 1989 edu- schools consortiums, and independents. agencies, and other distant education and in- cation summit in Charlottesville, VA The users will benefit because their in- structional resource providers; (D) has a governing board that includes where former Governor Wallace vestment in equipment to receive in- members representing elementary and sec- Wilkinson of Kentucky and other Gov- structional programming may be re- ondary education, community and State col- ernors raised with President Bush the duced because of the technological ad- leges, universities, elected officials, and the proposal for this dedicated system, the vantages of focusing on one point in private sector; and

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14413 (E) has as its sole purpose the acquisition (d) LIQUIDATION OR ASSIGNMENT.— employee, and yes, being served and operation of an integrated communica- (1) IN GENERAL.—In order for a lender to re- chunky peanut butter instead of the tions satellite system and other tele- ceive a loan guarantee under this section the creamy variety. The list goes on and communications facilities dedicated to lender shall agree to assign to the United on. transmitting instruction, education, and States any right or interest in the commu- training programming. nications satellite system or communica- These legal claims may sound far- (2) INTERIM ACQUISITION OF TRANSPONDER tions satellite system services that such fetched, almost funny, but unfortu- CAPACITY.—As an interim measure to acquire lender possesses upon payment by the Sec- nately, prisoner litigation does not op- a communications satellite system dedicated retary of Commerce on such loan guarantee. erate in a vacuum. Frivolous lawsuits to instruction, education, and training pro- (2) DISPOSITION.—The Secretary may exer- filed by prisoners tie up the courts, gramming, a corporation that meets the re- cise, retain, or dispose of any right or inter- waste valuable legal resources, and af- quirements of paragraph (1) may acquire un- est acquired pursuant to paragraph (1) in any fect the quality of justice enjoyed by used satellite transponder capacity owned or manner that the Secretary considers appro- law-abiding citizens. The time and leased by a department or agency of the Fed- priate. money spent defending these cases are eral Government or unused satellite trans- (e) SPECIAL RULE.—Any loan guarantee ponder capacity owned or leased by a non- under this section shall be guaranteed with clearly time and money better spent Federal broadcast organization for reuse by full faith and credit of the United States. prosecuting violent criminals, fighting schools, colleges, community colleges, uni- (f) AUTHORIZATION OF APPROPRIATIONS.— illegal drugs, or cracking down on con- versities, State agencies, libraries, and other There are authorized to be appropriated such sumer fraud. distant education centers at competitive, sums as may be necessary for each fiscal The National Association of Attor- low costs, subject only to preemption for na- year to carry out this section. neys General estimates that inmate tional security purposes. (g) DEFINITIONS.—In this section: civil rights litigation costs the States (3) ENCOURAGEMENT OF INTERCON- (1) The term ‘‘acquire’’ includes acquisi- NECTIVITY.—A corporation that meets the re- tion through lease, purchase, or donation. more than $81 million each year. Of quirements of paragraph (1) shall encourage (2) The term ‘‘communications satellite course, most of these costs are incurred the interconnectivity of elementary and sec- system’’ means one or more communications defending lawsuits that have no merit ondary schools, colleges, and community satellites capable of providing service from whatsoever. colleges, universities, State agencies, librar- space, including transponder capacity, on Let me be more specific. According ies, and other distant education centers with such satellite or satellites. the Arizona Attorney General Grant ground facilities and services of United (3) The term ‘‘national security preemp- Woods, a staggering 45 percent of the States domestic common carriers and inter- tion’’ means preemption by the Federal Gov- civil cases filed in Arizona’s Federal national common carriers and ground facili- ernment for national security purposes. ties and services of satellite, cable, and other courts last year were filed by State private communications systems in order to Mr. DOLE (for himself, Mr. prisoners. That means that 20,000 pris- ensure technical compatibility and oners in Arizona filed almost as many HATCH, Mr. ABRAHAM, Mr. KYL, interconnectivity of the space segment with cases as Arizona’s 3.5 million law-abid- Mr. REID, Mr. SPECTER, Mrs. existing communications facilities in the ing citizens. And most of these prisoner HUTCHISON, Mr. THURMOND, Mr. United States and foreign countries to best lawsuits were filed free of charge. No serve United States education, instruction, SANTORUM, Mr. BOND, Mr. court costs. No filing fees. This is out- and training needs and to achieve cost-effec- D’AMATO, and Mr. GRAMM): tive, interoperability for friendly end-user, S. 1279. A bill to provide for appro- rageous and it must stop. ‘‘last mile’’ access and use. priate remedies for prison condition GARNISHMENT (4) TECHNICAL AND TRAINING NEEDS.—A cor- lawsuits, to discourage frivolous and Mr. President, I happen to believe poration that meets the requirements of abusive prison lawsuits, and for other that prisons should be just that—pris- paragraph (1) shall determine the technical purposes; to the Committee on the Ju- ons, not law firms. That is why the and training needs of educations users and Prison Litigation Reform Act proposes providers to facilitate coordinated and effi- diciary. several important reforms that would cient use of a communications satellite sys- THE PRISON LITIGATION REFORM ACT OF 1995 dramatically reduce the number of tem dedicated to instruction, education, and Mr. DOLE. Mr. President, I am meritless prisoner lawsuits. training to further unlimited access for pleased to join today with my distin- schools, colleges, community colleges, uni- For starters, the act would require guished colleagues, Senators HATCH, versities, State agencies, libraries, and other inmates who file lawsuits to pay the KYL, ABRAHAM, HUTCHISON, REID, THUR- distant education centers. full amount of their court fees and MOND, SPECTER, SANTORUM, D’AMATO, (b) ELIGIBLE LOANS.—The Secretary of other costs. Commerce may guarantee a loan under this GRAMM, and BOND, in introducing the Many prisoners filing lawsuits today section only if— Prison Litigation Reform Act of 1995. in Federal court claim indigent status. (1) the corporation described in subsection This legislation is a new and im- (a)(1) has— As indigents, prisoners are generally proved version of S. 866, which I intro- not required to pay the fees that nor- (A) investigated all practical means of ac- duced earlier this year to address the quiring a communications satellite system; mally accompany the filing of a law- (B) reported to the Secretary the findings alarming explosion in the number of suit. In other words, there is no eco- of such investigation; and frivolous lawsuits filed by State and nomic disincentive to going to court. (C) identified for acquisition the most cost- Federal prisoners. It also builds on the The Prison Litigation Reform Act effective, high-quality communications sat- stop-turning-out-prisoners legislation, would change this by establishing a ellite system to meet the purpose of this championed by Senators KAY BAILEY garnishment procedure: If a prisoner is Act; and HUTCHISON and SPENCER ABRAHAM, by (2) the proceeds of such loan are used sole- unable to fully pay court fees and other making it much more difficult for Fed- costs at the time of filing a lawsuit, 20 ly to acquire and operate a communications eral judges to issue orders directing the satellite system dedicated to transmitting percent of the funds in his trust ac- instruction, education, and training pro- release of convicted criminals from count would be garnished for this pur- gramming. prison custody. pose. Every month thereafter, an addi- (c) LOAN GUARANTEE LIMITATIONS.—The INMATE LITIGATION tional 20 percent of the income cred- Secretary of Commerce may not guarantee Unfortunately, the litigation explo- ited to the prisoner’s account would be more than $270,000,000 in loans under the pro- sion now plaguing our country does not gram under this section, of which— garnished, until the full amount of the (1) not more than $250,000,000 shall be for stop at the prison gate. According to court fees and costs are paid-off. the guarantee of such loans the proceeds of Enterprise Institute scholar Walter When average law-abiding citizens which are used to acquire a communications Berns, the number of ‘‘due-process and file a lawsuit, they recognize that satellite system; and cruel and unusual punishment’’ com- there could be an economic downside to (2) not more than $20,000,000 shall be used plaints filed by prisoners has grown as- going to court. Convicted criminals for the guarantee of such loans the proceeds tronomically—from 6,600 in 1975 to should not get preferential treatment: of which are used to pay the costs of not more than 39,000 in 1994. These suits If a law-abiding citizen has to pay the more than 4 years of operating and manage- can involve such grievances as insuffi- ment expenses associated with providing in- costs associated with a lawsuit, so too tegrated communications satellite system cient storage locker space, a defective should a convicted criminal. services through the integrated communica- haircut by a prison barber, the failure In addition, when prisoners know tions satellite system referred to in sub- of prison officials to invite a prisoner that they will have to pay these costs— section (a)(1)(E). to a pizza party for a departing prison perhaps not at the time of filing, but

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14414 CONGRESSIONAL RECORD — SENATE September 27, 1995 eventually—they will be less inclined eral. Their input these past several ‘‘(C) A party seeking a prisoner release to file a lawsuit in the first place. months has been invaluable as we have order in Federal court shall file with any re- quest for such relief, a request for a three- JUDICIAL SCREENING attempted to draft a better, more effec- judge court and materials sufficient to dem- Another provision of the Prison Liti- tive piece of legislation. Mr. President, I ask unanimous con- onstrate that the requirements of subpara- gation Reform Act would require judi- graph (A) have been met. cial screening, before docketing, of any sent that the full text of the Prison ‘‘(D) If the requirements under subpara- civil complaint filed by a prisoner Litigation Reform, as well as a letter graph (A) have been met, a Federal judge be- seeking relief from the Government. from the National Association of At- fore whom a civil action with respect to pris- This provision would allow a Federal torneys General and a section-by-sec- on conditions is pending who believes that a prison release order should be considered judge to immediately dismiss a com- tion summary, be reprinted in the ECORD. may sua sponte request the convening of a plaint if either of two conditions is R There being no objection, the mate- three-judge court to determine whether a met: First, the complaint does not rial was ordered to be printed in the prisoner release order should be entered. state a claim upon which relief may be ‘‘(E) The court shall enter a prisoner re- RECORD, as follows: granted, or second, the defendant is im- lease order only if the court finds— S. 1279 mune from suit. ‘‘(i) by clear and convincing evidence— Be it enacted by the Senate and House of Rep- ‘‘(I) that crowding is the primary cause of OTHER REFORMS resentatives of the United States of America in the violation of a Federal right; and The Prison Litigation Reform Act Congress assembled, ‘‘(II) that no other relief will remedy the would also allow Federal courts to re- SECTION 1. SHORT TITLE. violation of the Federal right; and voke any good-time credits accumu- This Act may be cited as the ‘‘Prison Liti- ‘‘(ii) by a preponderance of the evidence— lated by a prisoner who files a frivolous gation Reform Act of 1995’’. ‘‘(I) that crowding has deprived a par- suit. It requires State prisoners to ex- SEC. 2. APPROPRIATE REMEDIES FOR PRISON ticular plaintiff or plaintiffs of at least one CONDITIONS. haust all administrative remedies be- essential, identifiable human need; and (a) IN GENERAL.—Section 3626 of title 18, ‘‘(II) that prison officials have acted with fore filing a lawsuit in Federal court. United States Code, is amended to read as obduracy and wantonness in depriving the And it prohibits prisoners from suing follows: particular plaintiff or plaintiffs of the one the Government for mental or emo- ‘‘§ 3626. Appropriate remedies with respect to essential, identifiable human need caused by tional injury, absent a prior showing of prison conditions the crowding. physical injury. ‘‘(a) REQUIREMENTS FOR RELIEF.— ‘‘(F) Any State or local official or unit of If enacted, all of these provisions ‘‘(1) PROSPECTIVE RELIEF.—(A) Prospective government whose jurisdiction or function would go a long way to take the fri- relief in any civil action with respect to pris- includes the prosecution or custody of per- volity out of frivolous inmate litiga- on conditions shall extend no further than sons who may be released from, or not ad- necessary to correct the violation of the Fed- mitted to, a prison as a result of a prisoner tion. eral right of a particular plaintiff or plain- release order shall have standing to oppose STOP TURNING OUT PRISONERS tiffs. The court shall not grant or approve the imposition or continuation in effect of The second major section of the Pris- any prospective relief unless the court finds such relief and to seek termination of such on Litigation Reform Act establishes that such relief is narrowly drawn, extends relief, and shall have the right to intervene some tough new guidelines for Federal no further than necessary to correct the vio- in any proceeding relating to such relief. ‘‘(b) TERMINATION OF RELIEF.— courts when evaluating legal chal- lation of the Federal right, and is the least intrusive means necessary to correct the vio- ‘‘(1) TERMINATION OF PROSPECTIVE RELIEF.— lenges to prison conditions. These lation of the Federal right. The court shall (A) In any civil action with respect to prison guidelines will work to restrain liberal give substantial weight to any adverse im- conditions in which prospective relief is or- Federal judges who see violations on pact on public safety or the operation of a dered, such relief shall be terminable upon constitutional rights in every prisoner criminal justice system caused by the relief. the motion of any party— complaint and who have used these ‘‘(B) Nothing in this section shall be con- ‘‘(i) 2 years after the date the court grant- complaints to micromanage State and strued to authorize the courts, in exercising ed or approved the prospective relief; ‘‘(ii) 1 year after the date the court has en- local prison systems. their remedial powers, to order the construc- tion of prisons or the raising of taxes, or to tered an order denying termination of pro- Perhaps the most pernicious form of repeal or detract from otherwise applicable spective relief under this paragraph; or judicial micromanagement is the so- limitations on the remedial powers of the ‘‘(iii) in the case of an order issued on or called prison population cap. courts. before the date of enactment of the Prison In 1993, for example, the State of ‘‘(2) PRELIMINARY INJUNCTIVE RELIEF.—In Litigation Reform Act, 2 years after such Florida put 20,000 prisoners on early re- any civil action with respect to prison condi- date of enactment. lease because of a prison cap order tions, to the extent otherwise authorized by ‘‘(B) Nothing in this section shall prevent issued by a Federal judge who thought law, the court may enter a temporary re- the parties from agreeing to terminate or modify relief before the relief is terminated the Florida system was overcrowded straining order or an order for preliminary injunctive relief. Preliminary injunctive re- under subparagraph (A). and thereby inflected cruel and un- lief must be narrowly drawn, extend no fur- ‘‘(2) IMMEDIATE TERMINATION OF PROSPEC- usual punishment on the State’s pris- ther than necessary to correct the harm the TIVE RELIEF.—In any civil action with re- oners. court finds requires preliminary relief, and spect to prison conditions, a defendant or in- And, then, there’s the case of Phila- be the least intrusive means necessary to tervener shall be entitled to the immediate delphia, where a court-ordered prison correct that harm. Preliminary injunctive termination of any prospective relief if the cap has put thousands of violent crimi- relief shall automatically expire on the date relief was approved or granted in the absence nals back on the city’s streets, often that is 90 days after its entry, unless the of a finding by the court that the relief is court makes the findings required under sub- narrowly drawn, extends no further than with disastrous consequences. As Pro. section (a)(1) for the entry of prospective re- necessary to correct the violation of the Fed- John Diiulio has pointed out: ‘‘Federal lief and makes the order final before the ex- eral right, and is the least intrusive means Judge Norma Shapiro has single- piration of the 90-day period. necessary to correct the violation of the Fed- handedly decriminalized property and ‘‘(3) PRISONER RELEASE ORDER.—(A) In any eral right. drug crimes in the City of Brotherly civil action with respect to prison condi- ‘‘(3) LIMITATION.—Prospective relief shall Love*** Judge Shapiro has done tions, no prisoner release order shall be en- not terminate if the court makes written what the city’s organized crime bosses tered unless— findings based on the record that prospective never could; namely, turn the town ‘‘(i) a court has previously entered an order relief remains necessary to correct a current for less intrusive relief that has failed to or ongoing violation of the Federal right, ex- into a major drug smuggling port.’’ remedy the deprivation of the Federal right tends no further than necessary to correct By establishing tough new conditions sought to be remedied through the prisoner the violation of the Federal right, and that that a Federal court must meet before release order; and the prospective relief is narrowly drawn and issuing a prison cap order, this bill will ‘‘(ii) the defendant has had a reasonable the least intrusive means to correct the vio- help slam-shut the revolving prison amount of time to comply with the previous lation. door. court orders. ‘‘(4) TERMINATION OR MODIFICATION OF RE- ‘‘(B) In any civil action in Federal court LIEF.—Nothing in this section shall prevent CONCLUSION with respect to prison conditions, a prisoner any party from seeking modification or ter- Finally, Mr. President, I want to ex- release order shall be entered only by a mination before the relief is terminable press my special thanks to Arizona At- three-judge court in accordance with section under paragraph (1) or (2), to the extent that torney General Grant Woods and to the 2284 of title 28, if the requirements of sub- modification or termination would otherwise National Association of Attorneys Gen- paragraph (E) have been met. be legally permissible.

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‘‘(c) SETTLEMENTS.— under paragraph (1). In no event shall the ap- (b) CERTIFICATION REQUIREMENTS.—Section ‘‘(1) CONSENT DECREES.—In any civil action pointment of a special master extend beyond 4 of the Act (42 U.S.C. 1997b) is amended— with respect to prison conditions, the court the termination of the relief. (1) in subsection (a)— shall not enter or approve a consent decree ‘‘(6) LIMITATIONS ON POWERS AND DUTIES.—A (A) by striking ‘‘he’’ each place it appears unless it complies with the limitations on re- special master appointed under this sub- and inserting ‘‘the Attorney General’’; and lief set forth in subsection (a). section— (B) by striking ‘‘his’’ and inserting ‘‘the ‘‘(2) PRIVATE SETTLEMENT AGREEMENTS.— ‘‘(A) shall make any findings based on the Attorney General’s’’; and (A) Nothing in this section shall preclude record as a whole; (2) by amending subsection (b) to read as parties from entering into a private settle- ‘‘(B) shall not make any findings or com- follows: ment agreement that does not comply with munications ex parte; and ‘‘(b) The Attorney General shall personally the limitations on relief set forth in sub- ‘‘(C) may be removed at any time, but shall sign any certification made pursuant to this section (a), if the terms of that agreement be relieved of the appointment upon the ter- section.’’. are not subject to court enforcement other mination of relief. (c) INTERVENTION IN ACTIONS.—Section 5 of than the reinstatement of the civil pro- ‘‘(g) DEFINITIONS.—As used in this section— the Act (42 U.S.C. 1997c) is amended— ceeding that the agreement settled. ‘‘(1) the term ‘consent decree’ means any (1) in subsection (b)— ‘‘(B) Nothing in this section shall preclude relief entered by the court that is based in (A) in paragraph (1), by striking ‘‘he’’ each any party claiming that a private settlement whole or in part upon the consent or acquies- place it appears and inserting ‘‘the Attorney agreement has been breached from seeking cence of the parties but dues not include pri- General’’; and in State court any remedy for breach of con- vate settlements; (B) by amending paragraph (2) to read as tract available under State law. ‘‘(2) the term ‘civil action with respect to follows: ‘‘(d) STATE LAW REMEDIES.—The limita- prison conditions’ means any civil pro- ‘‘(2) The Attorney General shall personally tions on remedies in this section shall not ceeding arising under Federal law with re- sign any certification made pursuant to this apply to relief entered by a State court based spect to the conditions of confinement or the section.’’; and solely upon claims arising under State law. effects of actions by government officials on (2) by amending subsection (c) to read as ‘‘(e) PROCEDURE FOR MOTIONS AFFECTING the lives of persons confined in prison, but follows: PROSPECTIVE RELIEF.— does not include habeas corpus proceedings ‘‘(c) The Attorney General shall personally ‘‘(1) GENERALLY.—The court shall promptly challenging the fact or duration of confine- sign any motion to intervene made pursuant rule on any motion to modify or terminate ment in prison; to this section.’’. prospective relief in a civil action with re- ‘‘(3) the term ‘prisoner’ means any person (d) SUITS BY PRISONERS.—Section 7 of the spect to prison conditions. subject to incarceration, detention, or ad- Act (42 U.S.C. 1997e) is amended to read as ‘‘(2) AUTOMATIC STAY.—Any prospective re- mission to any facility who is accused of, follows: lief subject to a pending motion shall be convicted of, sentenced for, or adjudicated ‘‘SEC. 7. SUITS BY PRISONERS. automatically stayed during the period— delinquent for, violations of criminal law or ‘‘(a) APPLICABILITY OF ADMINISTRATIVE ‘‘(A)(i) beginning on the 30th day after the terms and conditions of parole, proba- REMEDIES.—No action shall be brought with such motion is filed, in the case of a motion tion, pretrial release, or diversionary pro- respect to prison conditions under section made under paragraph (1) or (2) of subsection gram; 1979 of the Revised Statutes of the United (b); or ‘‘(4) the term ‘prisoner release order’ in- States (42 U.S.C. 1983), or any other law, by ‘‘(ii) beginning on the 180th day after such cludes any order, including a temporary re- a prisoner confined in any jail, prison, or motion is filed, in the case of a motion made straining order or preliminary injunctive re- other correctional facility until such admin- under subsection (b)(4); and lief, that has the purpose or effect of reduc- istrative remedies as are available are ex- ‘‘(B) ending on the date the court enters a ing or limiting the prison population, or that hausted. final order ruling on the motion. directs the release from or nonadmission of ‘‘(b) FAILURE OF STATE TO ADOPT OR AD- ‘‘(f) SPECIAL MASTERS.— prisoners to a prison; HERE TO ADMINISTRATIVE GRIEVANCE PROCE- ‘‘(1) IN GENERAL.—(A) In any civil action in ‘‘(5) the term ‘prison’ means any Federal, DURE.—The failure of a State to adopt or ad- a Federal court with respect to prison condi- State, or local facility that incarcerates or here to an administrative grievance proce- tions, the court may appoint a disinterested detains juveniles or adults accused of, con- dure shall not constitute the basis for an ac- and objective special master, who will give victed of, sentenced for, or adjudicated delin- tion under section 3 or 5 of this Act. due regard to the public safety, to conduct quent for, violations of criminal law; ‘‘(c) DISMISSAL.—(1) The court shall on its hearings on the record and prepare proposed ‘‘(6) the term ‘private settlement agree- own motion or on the motion of a party dis- findings of fact. ment’ means an agreement entered into miss any action brought with respect to pris- ‘‘(B) The court shall appoint a special mas- among the parties that is not subject to judi- on conditions under section 1979 of the Re- ter under this subsection during the reme- cial enforcement other than the reinstate- vised Statutes of the United States (42 U.S.C. dial phase of the action only upon a finding ment of the civil proceeding that the agree- 1983), or any other law, by a prisoner con- that the remedial phase will be sufficiently ment settled; fined in any jail, prison, or other correc- complex to warrant the appointment. ‘‘(7) the term ‘prospective relief’ means all tional facility if the court is satisfied that ‘‘(2) APPOINTMENT.—(A) If the court deter- relief other than compensatory monetary the action fails to state a claim upon which mines that the appointment of a special mas- damages; and relief can be granted or is frivolous or mali- ter is necessary, the court shall request that ‘‘(8) the term ‘relief’ means all relief in any cious. the defendant institution and the plaintiff form that may be granted or approved by the ‘‘(2) In the event that a claim is, on its each submit a list of not more than 5 persons court, and includes consent decrees but does face, frivolous or malicious, the court may to serve as a special master. not include private settlement agreements.’’. dismiss the underlying claim without first ‘‘(B) Each party shall have the opportunity (b) APPLICATION OF AMENDMENT.— requiring the exhaustion of administrative to remove up to 3 persons from the opposing (1) IN GENERAL.—Section 3626 of title 18, remedies. party’s list. United States Code, as amended by this sec- ‘‘(d) ATTORNEY’S FEES.—(1) In any action ‘‘(C) The court shall select the master from tion, shall apply with respect to all prospec- brought by a prisoner who is confined to any the persons remaining on the list after the tive relief whether such relief was originally jail, prison, or other correctional facility, in operation of subparagraph (B). granted or approved before, on, or after the which attorney’s fees are authorized under ‘‘(3) INTERLOCUTORY APPEAL.—Any party date of the enactment of this Act. section 2 of the Revised Statutes of the shall have the right to an interlocutory ap- (2) TECHNICAL AMENDMENT.—Subsections United States (42 U.S.C. 1988), such fees shall peal of the judge’s selection of the special (b) and (d) of section 20409 of the Violent not be awarded, except to the extent that— master under this subsection, on the ground Crime Control and Law Enforcement Act of ‘‘(A) the fee was directly and reasonably of partiality. 1994 are repealed. incurred in proving an actual violation of ‘‘(4) COMPENSATION.—The compensation to (c) CLERICAL AMENDMENT.—The table of the plaintiff’s rights protected by a statute be allowed to a special master under this sec- sections at the beginning of subchapter C of pursuant to which a fee may be awarded tion shall be based on an hourly rate not chapter 229 of title 18, United States Code, is under section 2 of the Revised Statutes; and greater than the hourly rate established amended to read as follows: ‘‘(B) the amount of the fee is proportion- under section 3006A for payment of court-ap- ‘‘3626. Appropriate remedies with respect to ately related to the court ordered relief for pointed counsel, plus costs reasonably in- prison conditions.’’. the violation. curred by the special master. Such com- SEC. 3. AMENDMENTS TO CIVIL RIGHTS OF INSTI- ‘‘(2) Whenever a monetary judgment is pensation and costs shall be paid with funds TUTIONALIZED PERSONS ACT. awarded in an action described in paragraph appropriated to the Federal Judiciary. (a) INITIATION OF CIVIL ACTIONS.—Section (1), a portion of the judgment (not to exceed ‘‘(5) REGULAR REVIEW OF APPOINTMENT.—In 3(c) of the Civil Rights of Institutionalized 25 percent) shall be applied to satisfy the any civil action with respect to prison condi- Persons Act (42 U.S.C. 1997a(c)) (referred to amount of attorney’s fees awarded against tions in which a special master is appointed in this section as the ‘‘Act’’) is amended to the defendant. If the award of attorney’s fees under this subsection, the court shall review read as follows: is greater than 25 percent of the judgment, the appointment of the special master every ‘‘(c) The Attorney General shall personally the excess shall be paid by the defendant. 6 months to determine whether the services sign any complaint filed pursuant to this ‘‘(3) No award of attorney’s fees in an ac- of the special master continue to be required section.’’. tion described in paragraph (1) shall be based

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14416 CONGRESSIONAL RECORD — SENATE September 27, 1995 on an hourly rate greater than the hourly davit filed under paragraph (1), shall submit ‘‘(C) In no event shall the costs collected rate established under section 3006A of title a certified copy of the trust fund account exceed the amount of the costs ordered by 18, United States Code, for payment of court- statement (or institutional equivalent) for the court.’’. appointed counsel. the prisoner for the 6-month period imme- (c) SUCCESSIVE CLAIMS.—Section 1915 of ‘‘(4) Nothing in this subsection shall pro- diately preceding the filing of the complaint title 28, United States Code, is amended by hibit a prisoner from entering into an agree- or notice of appeal, obtained from the appro- adding at the end the following new sub- ment to pay an attorney’s fee in an amount priate official of each prison at which the section: greater than the amount authorized under prisoner is or was confined.’’; and ‘‘(g) In no event shall a prisoner in any this subsection, if the fee is paid by the indi- (G) by striking ‘‘An appeal’’ and inserting prison bring a civil action or appeal a judg- vidual rather than by the defendant pursu- ‘‘(3) An appeal’’; ment in a civil action or proceeding under ant to section 2 of the Revised Statutes of (2) by redesignating subsections (b), (c), this section if the prisoner has, on 3 or more the United States (42 U.S.C. 1988). (d), and (e) as subsections (c), (d), (e), and (f), prior occasions, brought an action or appeal ‘‘(e) LIMITATION ON RECOVERY.—No Federal respectively; in a court of the United States that was dis- civil action may be brought by a prisoner (3) by inserting after subsection (a) the fol- missed on the grounds that it is frivolous, confined in a jail, prison, or other correc- lowing new subsection: malicious, or fails to state a claim upon tional facility, for mental or emotional in- ‘‘(b)(1) Notwithstanding subsection (a), if a which relief may be granted, unless the pris- jury suffered while in custody without a prisoner brings a civil action or files an ap- oner is under imminent danger of serious prior showing of physical injury. peal in forma pauperis, the prisoner shall be bodily harm.’’. ‘‘(f) HEARING LOCATION.—To the extent required to pay the full amount of a filing (d) DEFINITION.—Section 1915 of title 28, practicable, in any action brought with re- fee. The court shall assess, and when funds United States Code, is amended by adding at spect to prison conditions in Federal court exist, collect, as a partial payment of any the end the following new subsection: pursuant to section 1979 of the Revised Stat- court fees required by law, an initial partial ‘‘(h) As used in this section, the term ‘pris- utes of the United States (42 U.S.C. 1983), or filing fee of 20 percent of the greater of— oner’ means any person incarcerated or de- any other law, by a prisoner confined in any ‘‘(A) the average monthly deposits to the tained in any facility who is accused of, con- jail, prison, or other correctional facility, prisoner’s account; or victed of, sentenced for, or adjudicated delin- pretrial proceedings in which the prisoner’s ‘‘(B) the average monthly balance in the quent for, violations of criminal law or the participation is required or permitted shall prisoner’s account for the 6-month period terms and conditions of parole, probation, be conducted— immediately preceding the filing of the com- pretrial release, or diversionary program.’’. ‘‘(1) at the facility; or plaint or notice of appeal. SEC. 5. JUDICIAL SCREENING. ‘‘(2) by telephone or video conference with- ‘‘(2) After payment of the initial partial (a) IN GENERAL.—Chapter 123 of title 28, out removing the prisoner from the facility filing fee, the prisoner shall be required to United States Code, is amended by inserting in which the prisoner is confined. make monthly payments of 20 percent of the after section 1915 the following new section: Any State may adopt a similar requirement preceding month’s income credited to the regarding hearings in such actions in that prisoner’s account. The agency having cus- ‘‘§ 1915A. Screening State’s courts. tody of the prisoner shall forward payments ‘‘(a) SCREENING.—The court shall review, ‘‘(g) WAIVER OF REPLY.—(1) Any defendant from the prisoner’s account to the clerk of before docketing, if feasible or, in any event, may waive the right to reply to any action the court each time the amount in the ac- as soon as practicable after docketing, a brought by a prisoner confined in any jail, count exceeds $10 until the filing fees are complaint in a civil action in which a pris- prison, or other correctional facility under paid. oner seeks redress from a governmental enti- section 1979 of the Revised Statutes of the ‘‘(3) In no event shall the filing fee col- ty or officer or employee of a governmental United States (42 U.S.C. 1983) or any other lected exceed the amount of fees permitted entity. law. Notwithstanding any other law or rule by statute for the commencement of a civil ‘‘(b) GROUNDS FOR DISMISSAL.—On review, of procedure, such waiver shall not con- action or an appeal of a civil action or crimi- the court shall dismiss the complaint, or any stitute an admission of the allegations con- nal judgment. portion of the complaint, if the complaint— tained in the complaint. No relief shall be ‘‘(4) In no event shall a prisoner be prohib- ‘‘(1) fails to state a claim upon which relief granted to the plaintiff unless a reply has ited from bringing a civil action or appealing may be granted; or been filed. a civil or criminal judgment for the reason ‘‘(2) seeks monetary relief from a defend- ‘‘(2) The court may, in its discretion, re- that the prisoner has no assets and no means ant who is immune from such relief. quire any defendant to reply to a complaint by which to pay the initial partial filing ‘‘(c) DEFINITION.—As used in this section, commenced under this section. fee.’’; the term ‘prisoner’ means any person incar- ‘‘(h) DEFINITION.—As used in this section, (4) in subsection (c), as redesignated by cerated or detained in any facility who is ac- the term ‘prisoner’ means any person incar- paragraph (2), by striking ‘‘subsection (a) of cused of, convicted of, sentenced for, or adju- cerated or detained in any facility who is ac- this section’’ and inserting ‘‘subsections (a) dicated delinquent for, violations of criminal cused of, convicted of, sentenced for, or adju- and (b) and the prepayment of any partial law or the terms and conditions of parole, dicated delinquent for, violations of criminal filing fee as may be required under sub- probation, pretrial release, or diversionary law or the terms and conditions of parole, section (b)’’; and program.’’. probation, pretrial release, or diversionary (5) by amending subsection (e), as redesig- (b) TECHNICAL AMENDMENT.—The analysis program.’’. nated by paragraph (2), to read as follows: for chapter 123 of title 28, United States (e) REPORT TO CONGRESS.—Section 8 of the ‘‘(e)(1) The court may request an attorney Code, is amended by inserting after the item Act (42 U.S.C. 1997f) is amended by striking to represent any person unable to afford relating to section 1915 the following new ‘‘his report’’ and inserting ‘‘the report’’. counsel. item: (f) NOTICE TO FEDERAL DEPARTMENTS.—Sec- ‘‘(2) Notwithstanding any filing fee that ‘‘1915A. Screening.’’. tion 10 of the Act (42 U.S.C. 1997h) is amend- may have been paid, the court shall dismiss SEC. 6. FEDERAL TORT CLAIMS. ed— the case at any time if the court determines Section 1346(b) of title 28, United States (1) by striking ‘‘his action’’ and inserting that— Code, is amended— ‘‘the action’’; and ‘‘(A) the allegation of poverty is untrue; or (1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; (2) by striking ‘‘he is satisfied’’ and insert- ‘‘(B) the action or appeal— and ing ‘‘the Attorney General is satisfied’’. ‘‘(i) is frivolous or malicious; or (2) by adding at the end the following: SEC. 4. PROCEEDINGS IN FORMA PAUPERIS. ‘‘(ii) fails to state a claim on which relief ‘‘(2) No person convicted of a felony who is (a) FILING FEES.—Section 1915 of title 28, may be granted.’’. incarcerated while awaiting sentencing or United States Code, is amended— (b) COSTS.—Section 1915(f) of title 28, while serving a sentence may bring a civil (1) in subsection (a)— United States Code (as redesignated by sub- action against the United States or an agen- (A) by striking ‘‘(a) Any’’ and inserting section (a)(2)), is amended— cy, officer, or employee of the Government, ‘‘(a)(1) Subject to subsection (b), any’’; (1) by striking ‘‘(f) Judgment’’ and insert- for mental or emotional injury suffered (B) by striking ‘‘and costs’’; ing ‘‘(f)(1) Judgment’’; while in custody without a prior showing of (C) by striking ‘‘makes affidavit’’ and in- (2) by striking ‘‘cases’’ and inserting ‘‘pro- physical injury.’’. serting ‘‘submits an affidavit’’; ceedings’’; and (3) by adding at the end the following new SEC. 7. EARNED RELEASE CREDIT OR GOOD TIME (D) by striking ‘‘such costs’’ and inserting CREDIT REVOCATION. ‘‘such fees’’; paragraph: (a) IN GENERAL.—Chapter 123 of title 28, (E) by striking ‘‘he’’ each place it appears ‘‘(2)(A) If the judgment against a prisoner United States Code, is amended by adding at and inserting ‘‘the person’’; includes the payment of costs under this sub- the end the following new section: (F) by adding immediately after paragraph section, the prisoner shall be required to pay (1), the following new paragraph: the full amount of the costs ordered. ‘‘§ 1932. Revocation of earned release credit ‘‘(2) A prisoner seeking to bring a civil ac- ‘‘(B) The prisoner shall be required to ‘‘In any civil action brought by an adult tion or appeal a judgment in a civil action or make payments for costs under this sub- convicted of a crime and confined in a Fed- proceeding without prepayment of fees or se- section in the same manner as is provided for eral correctional facility, the court may curity therefor, in addition to filing the affi- filing fees under subsection (a)(2). order the revocation of such earned good time credit under section 3624(b) of title 18,

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14417 Public officials whose function includes Section 4: Proceedings In Forma Pauperis: United States Code, that has not yet vested, the prosecution or custody of persons who This section reforms the filing of suits in if, on its own motion or the motion of any could be released from, or not admitted to, a forma pauperis by prisoners. party, the court finds that— prison or jail as a result of a population cap Requires an inmate seeking to file in ‘‘(1) the claim was filed for a malicious would have standing to challenge the imposi- forma pauperis to submit to the court a cer- purpose; tion or continuation of such a cap. tified copy of the inmate’s prison trust fund ‘‘(2) the claim was filed solely to harass the Prosective relief granted in conditions of account. party against which it was filed; or confinement cases may be terminated on the Requires prisoners seeking to file in forma ‘‘(3) the claimant testifies falsely or other- motion of either party unless the court finds, pauperis to pay, in installments, the full wise knowingly presents false evidence or in- based on the record, that the relief remains amount of filing fees, unless the prisoner has formation to the court.’’. necessary to correct a current, ongoing vio- absolutely no assets. (b) TECHNICAL AMENDMENT.—The analysis lation of a federal right, and that the relief Provides for appointed counsel for indigent for chapter 123 of title 28, United States extends no further than necessary, is nar- in forma pauperis litigants, and requires the Code, is amended by inserting after the item rowly drawn, and is the least intrusive court to dismiss a suit filed in forma relating to section 1931 the following: means to correct the violation of the right. pauperis if the allegation of poverty is un- ‘‘1932. Revocation of earned release credit.’’. Federal court approval of consent decrees true, or if the suit is frivolous or malicious. (c) AMENDMENT OF SECTION 3624 OF TITLE would be subject to the same limitations. Requires payment of costs by unsuccessful 18.—Section 3624(b) of title 18, United States Private settlements and remedies under prisoner litigants in the same manner as fil- Code, is amended— state law would be unaffected. ing fees, if the judgment against the prisoner (1) in paragraph (1)— The court would be required to rule includes costs. (A) by striking the first sentence; promptly on any motion to modify or termi- Prohibits, except in narrow circumstances, (B) in the second sentence— nate prospective relief. After 30 days, an the filing of an in forma pauperis suit by a (i) by striking ‘‘A prisoner’’ and inserting automatic stay on the prospective relief prisoner, who, on at least 3 prior occasions, ‘‘Subject to paragraph (2), a prisoner’’; would apply during the pendency of the mo- has brought a suit that was dismissed be- (ii) by striking ‘‘for a crime of violence,’’; tion. cause it was frivolous, malicious, or failed to and Courts would be authorized to employ an state a claim upon which relief could be (iii) by striking ‘‘such’’; impartial special master for the preparation granted. (C) in the third sentence, by striking ‘‘If of proposed findings of fact in the remedial Section 5: Judicial Screening: the Bureau’’ and inserting ‘‘Subject to para- phase of complex prison conditions cases. Requires judicial pre-screening of prisoner graph (2), if the Bureau’’; The special master would be appointed from suits against government entities or employ- (D) by striking the fourth sentence and in- lists submitted by both parties, and would be ees; requires dismissal of suits which fail to serting the following: ‘‘In awarding credit compensated at a rate no higher than that state a claim upon which relief can be grant- under this section, the Bureau shall consider for federal court-appointed counsel. The ap- ed, or which seek monetary damages from an whether the prisoner, during the relevant pe- pointment would be reviewed every 6 immune defendant. riod, has earned, or is making satisfactory months, and would lapse at the termination Section 6: Federal Tort Claims: progress toward earning, a high school di- of the prospective relief. The special mas- Limits prisoner suits against the federal ploma or an equivalent degree.’’; and ter’s findings would be required to be on the government for mental or emotional injury (E) in the sixth sentence, by striking record, and no ex parte findings or commu- under the Federal Tort Claims Act to in- ‘‘Credit for the last’’ and inserting ‘‘Subject nications would be permitted. stances where the plaintiff shows physical Section 3: Amendments to Civil Rights of to paragraph (2), credit for the last’’; and injury as well. Institutionalized Persons Act (CRIPA): Section 7: Earned Release Credit or Good (2) by amending paragraph (2) to read as Subsections (a) through (c): Technical follows: Time Credit Revocation: amendments concerning references to the Reforms provisions governing the awarding ‘‘(2) Notwithstanding any other law, credit Attorney General. awarded under this subsection after the date of ‘‘good time’’ credit in the federal prison Subsection (d): Suits by Prisoners. system. of enactment of the Prison Litigation Re- This subsection rewrites Section 7 of form Act shall vest on the date the prisoner Subsections (a) and (b): Permits a federal CRIPA (42 U.S.C. 1997e), which is currently court to order the revocation of a federal is released from custody.’’. limited to provisions related to administra- prisoner’s good time credit as a sanction for tive remedies in connection with inmate the filing of malicious or harassing claims, PRISON LITIGATION REFORM ACT OF 1995— lawsuits, to establish broader standards to SECTION SUMMARY or for the knowing presentation of false evi- govern suits filed by prisoners. dence to the court. Section 1: Short Title: Requires inmates’ administrative remedies Entitles the Act as the ‘‘Prison Litigation Subsection (c): Revises present ‘‘good be exhausted prior to the filing of a suit in time’’ statute. Reform Act of 1995.’’ federal court; removes requirement that Section 2: Appropriate Remedies for Prison Requires exemplary adherence to prison state administrative remedies be certified by Conditions: rules by all prisoners in order to qualify for This section limits the remedies available the Attorney General of the United States. good time credit and permits Bureau of Pris- to federal courts in suits challenging condi- Retains provision of current law stating that ons to award partial credit at its option. tions of confinement and defines the proce- the absence of administrative remedies by Provides that progress toward a high dures for seeking, enforcing, and terminating itself does not provide the Attorney General school equivalency degree should be a factor remedial relief in these cases. Highlights in- with grounds to bring or intervene in a suit for consideration in awarding good time clude appointment of a special 3-judge panel against a state or local prison. credit. to consider any order that would impose a Permits the court to dismiss, without Provides that future awards of good time population cap on a prison or jail. hearing, inmate suits that are frivolous or credit will not vest prior to the prisoner’s ac- Prospective relief in prison conditions malicious. tual release date. Returns to the standard Limits attorney’s fees that may be award- cases would not be allowed to extend any that applied prior to the enactment of the ed to successful inmate plaintiffs. Fees must further than necessary to correct the viola- Sentencing Reform Act of 1986. tion of a federal right of an identifiable be directly and reasonably incurred in prov- ing an actual violation of a plaintiff’s rights, plaintiff. Federal courts would have to en- NATIONAL ASSOCIATION OF and would be based on an hourly rate no sure that the relief is narrowly drawn and ATTORNEYS GENERAL, that it is the least intrusive means of cor- higher than that for other federal court ap- pointed counsel. Also requires that up to 25% Washington, DC, September 19, 1995. recting the violation, giving substantial Re Frivolous Inmate Litigation: Proposed weight to any adverse impact the relief of a plaintiff’s monetary judgement be ap- plied towards attorney’s fees. Amendment to the Commerce, Justice, might have on public safety. State Appropriations Bill. Preliminary injunctive relief would expire Limits prisoner suits in federal court for Hon. BOB DOLE, after 90 days, unless made final before that mental or emotional injury to instances Senate Majority Leader, U.S. Senate, Wash- date. where the plaintiff shows physical injury as No prison population cap could be imposed well. ington, DC. unless: Provides that in civil suits brought by a DEAR SENATOR DOLE: We write on behalf of (a) the court had previously entered an prisoner, any pretrial proceedings in which the Inmate Litigation Task Force of the Na- order for a less intrusive remedy that, after the prisoner must or may participate may be tional Association of Attorneys General to sufficient time for implementation, failed to conducted at the prison or jail, by tele- express our strong support for the Prison correct the violation of the federal right; and conference, or by videoconference whenever Litigation Reform Act, which we understand (b) a 3-judge panel finds by clear and con- practicable. you intend to offer as an amendment to the vincing evidence that crowding is the pri- Permits the defendant in a prisoner-initi- Appropriations Bill for Commerce, Justice, mary cause of the violation and no other re- ated suit to waive reply without default, un- State and Related Agencies. As you know, lief will remedy it, and finds by a preponder- less the reply is required by the court. the issue of frivolous inmate litigation has ance of the evidence that crowding has de- Subsections (e) and (f): Technical amend- been a major priority of this Association for prived an identifiable plaintiff of an essen- ments concerning references to the Attorney a number of years. Although a number of tial human need. General. states—including our own—have enacted

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14418 CONGRESSIONAL RECORD — SENATE September 27, 1995 dated population caps. Nearly every was even allowed to hire a chauffeur, state legislation to address this issue, the day we hear of vicious crimes com- at taxpayers’ expense, because he said states alone cannot solve this problem be- mitted by individuals who should have he had a bad back. cause the vast majority of these suits are The Prison Litigation Reform Act, brought in federal courts under federal laws. been locked up. Not all of these trage- We thank you for recognizing the impor- dies are the result of court-ordered introduced as an amendment to the tance of federal legislation to curb the epi- population caps, of course, but such Commerce/Justice/State appropriations demic of frivolous inmate litigation that is caps are a part of the problem. While bill, requires the Federal judiciary, not plaguing this country. prison conditions that actually violate the States, to foot the bill for special Although numbers are not available for all the Constitution should not be allowed masters in prison litigation cases. Last of the states, 33 states have estimated that to persist, I believe that the courts July the Arizona legislature and Gov- together inmate civil rights suits cost them at least $54.5 million annually. Extrapolating have gone too far in micromanaging ernor Symington cut off funds to spe- this figure to all 50 states, we estimate that our Nation’s prisons. cial masters. It’s time we take the Ari- inmate civil rights suits cost states at least Our legislation also addresses the zona model to the rest of the States. $81.3 million per year. Experience at both the flood of frivolous lawsuits brought by The amendment also addresses prison federal and state level suggests that, while inmates. In 1994, over 39,000 lawsuits litigation reform. Many people think of all of these cases are not frivolous, more were filed by inmates in Federal prison inmates as spending their free than 95 percent of inmate civil rights suits courts, a staggering 15 percent increase time in the weight room or the tele- are dismissed without the inmate receiving over the number filed the previous vision lounge. But the most crowded anything. Although occasional meritorious claims absorb state resources, nonetheless, year. The vast majority of these suits place in today’s prisons may be the law we believe the vast majority of the $81.3 mil- are completely without merit. Indeed, library. Federal prison lawsuits have lion figure is attributable to the non-meri- roughly 94.7 percent are dismissed be- risen from 2,000 in 1970 to 39,000 in 1994. torious cases. fore the pretrial phase, and only a In the words of the Third Circuit Court We have not had an opportunity to discuss scant 3.1 percent have enough validity of Appeals, suing has because, rec- the specifics of the amendment with every to reach trial. In my State of Utah, 297 reational activity for long-term resi- Attorney General, however, we are confident that they would concur in our view that this inmate suits were filed in Federal dents of our prisons. amendment will take us a long way toward courts during 1994, which accounted for Today’s system seems to encourage curing the vexatious and expensive problem 22 percent of all Federal civil cases prisoners to file with impunity. After of frivolous inmate lawsuits. Thank you filed in Utah last year. I should empha- all, it’s free. And a courtroom is cer- again for championing this important issue, size that these numbers do not include tainly a more hospitable place to spend along with Senators Hatch, Kyl, Reid and habeas corpus petitions or other cases an afternoon than a prison cell. Pris- others, as it is a top priority for virtually challenging the inmate’s conviction or oners file free lawsuits in response to every Attorney General. Your leadership on almost any perceived slight or incon- this issue and your continued commitment sentence. The crushing burden of these to this common sense legal reform is very frivolous suits makes it difficult for venience—being served chunky instead important to us and our colleagues. courts to consider meritorious claims. of creamy peanut butter, for instance, Sincerely, In one frivolous case in Utah, an in- or being denied the use of a Gameboy FRANKIE SUE DEL PAPA, mate sued demanding that he be issued video game—a case which prompted a Attorney General of Reebok or L.A. Gear brand shoes in- lawsuit in my home State of Arizona. Nevada, Chair, stead of the Converse brand being These prisoners are victimizing soci- NAAG Inmate Liti- issued. In another case, an inmate de- ety twice—first when they commit the gation Task Force. liberately flooded his cell, and then crime that put them in prison, and sec- DANIEL E. LUNGREN, Attorney General of sued the officers who cleaned up the ond when they waste our hard-earned California, Chair, mess because they got his Pinochle tax dollars while cases based on serious NAAG Criminal Law cards wet. grievances languish on the court cal- Committee, It is time to stop this ridiculous endar. GRANT WOODS, waste of the taxpayers’ money. The In Arizona, Attorney General Grant Attorney General of huge costs imposed on State govern- Woods, who is here with us today, used Arizona, Vice-Chair, ments to defend against these to spend well over $1 million a year NAAG Inmate Liti- meritless suits is another kind of crime processing and defending against frivo- gation Task Force, committed against law-abiding citi- lous inmate lawsuits. But Grant suc- JEREMIAH W. NIXON, Attorney General of zens. cessfully championed a reform bill, Missouri, Vice- Mr. President, this legislation enjoys which went into effect last year, and Chair, NAAG Crimi- broad, bipartisan support from State the number of prison lawsuits was cut nal Law Committee. attorneys general across the Nation. in half. Arizona prisoners still have the Mr. HATCH. Mr. President, I am We believe with them that it is time to right to seek legal redress for meri- pleased to be joined by the majority wrest control of our prisons from the torious claims, but the time and money leader and Senators KYL, ABRAHAM, lawyers and the inmates and return once spent defending frivolous suits is REID, THURMOND, SPECTER, HUTCHISON, that control to competent administra- now used to settle legitimate claims in D’AMATO, SANTORUM, and GRAMM in in- tors appointed to look out for society’s a timely manner. troducing the Prison Litigation Re- interests as well as the legitimate But the States alone cannot solve form Act of 1995. This landmark legis- needs of prisoners. I urge my col- this problem. The vast majority of friv- lation will help bring relief to a civil leagues to support this bill, and look olous suits are brought in Federal justice system overburdened by frivo- forward to securing its quick passage courts under Federal laws—which is lous prisoner lawsuits. Jailhouse law- by the Senate. why I introduced the Prison Litigation yers with little else to do are tying our Mr. KYL. Mr. President, special mas- Reform Act of 1995 last may with Sen- courts in knots with an endless flood of ters, who are supposed to assist judges ators DOLE and HATCH. We are incor- frivolous litigation. as factfinders in complex litigation, porating that legislation into the Com- Our legislation will also help restore have all too often been improperly used merce/Justice/State amendment. balance to prison conditions litigation in prison condition cases. In Arizona, Federal prisoners are churning out and will ensure that Federal court or- special masters have micromanaged lawsuits with no regard to this cost to ders are limited to remedying actual the department of corrections, and the taxpayers or their legal merit. We violations of prisoners’ rights, not let- have performed all manner of services can no longer ignore this abuse of our ting prisoners out of jail. It is past in behalf of convicted felons, from court system and taxpayers’ funds. time to slam shut the revolving door maintaining lavish law libraries to dis- With the support of attorneys general on the prison gate and to put the key tributing up to 750 tons of Christmas around the country, I am confident safely out of reach of overzealous Fed- packages each year. Special masters that we will see real reform on this eral courts. appointed to oversee prison litigation issue. As of January 1994, 24 corrections have cost Arizona taxpayers more than Mr. ABRAHAM. Mr. President, the agencies reported having court-man- $320,000 since 1992. One special master legislation we are introducing today

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14419 will play a critical role in restoring ously, they should not be tortured or S. 896 public confidence in government’s abil- treated cruelly. At the same time, they At the request of Mr. CHAFEE, the ity to protect the public safety. More- also should not have all the rights and name of the Senator from North Da- over, it will accomplish this important privileges the rest of us enjoy. Rather, kota [Mr. DORGAN] was added as a co- purpose not by spending more taxpayer their lives should, on the whole, be de- sponsor of S. 896, a bill to amend title money but by saving it. scribable by the old concept known as XIX of the Social Security Act to make I would like to focus my remarks on ‘‘hard time.’’ certain technical corrections relating the provisions addressing the proper By interfering with the fulfillment of to physicians’ services, and for other scope of court-ordered remedies in pris- this punitive function, the courts are purposes. on conditions cases. effectively seriously undermining the S. 949 In many jurisdictions, including my entire criminal justice system. The At the request of Mr. GRAHAM, the own State of Michigan, judicial orders legislation we are introducing today names of the Senator from Kansas [Mr. entered under Federal law have effec- will return sanity and State control to DOLE], the Senator from Louisiana tively turned control of the prison sys- our prison systems. [Mr. JOHNSTON], the Senator from Illi- tem away from elected officials ac- Our bill forbids courts from entering nois [Ms. MOSELEY-BRAUN], and the countable to the taxpayer, and over to orders for prospective relief (such as Senator from Minnesota [Mr. the courts. The courts, in turn, raise regulating food temperatures) unless WELLSTONE] were added as cosponsors the costs of running prisons far beyond the order is necessary to correct viola- of S. 949, a bill to require the Secretary what is necessary. In the process, they tions of individual plaintiffs’ Federal of the Treasury to mint coins in com- also undermine the legitimacy and pu- rights. It also requires that the relief memoration of the 200th anniversary of nitive and deterrent effect of prison be narrowly drawn and be the least in- the death of George Washington. sentences. trusive means of protecting the Fed- S. 953 Let me tell you a little bit about how eral rights. And it directs courts to At the request of Mr. CHAFEE, the this works. give substantial weight to any adverse name of the Senator from North Da- Under a series of judicial decrees re- impact on public safety or the oper- kota [Mr. CONRAD] was added as a co- sulting from Justice Department suits ation of the criminal justice system sponsor of S. 953, a bill to require the against the Michigan Department of caused by the relief. Secretary of the Treasury to mint Corrections, the Federal courts now It also provides that any party can coins in commemoration of black Rev- monitor our State prisons to deter- seek to have a court decree ended after olutionary War patriots. mine. 2 years, and that the court will order it S. 955 First, how warm the food is; second, ended unless there is still a constitu- At the request of Mr. HATCH, the how bright the lights are; third, wheth- tional violation that needs to be cor- name of the Senator from Vermont er there are electrical outlets in each rected. [Mr. JEFFORDS] was added as a cospon- cell; fourth, whether windows are in- As a result, no longer will prison ad- sor of S. 955, a bill to clarify the scope spected and up to code; fifth, whether ministration be turned over to Federal of coverage and amount of payment prisoners’ hair is cut only by licensed judges for the indefinite future for the under the medicare program of items barbers; and sixth, and whether air and slightest reason. Instead, the States and services associated with the use in water temperatures are comfortable. will be able to run prisons as they see the furnishing of inpatient hospital This would be bad enough if a court fit unless there is a constitutional vio- services of certain medical devices ap- had ever found that Michigan’s prison lation, in which case a narrowly tai- proved for investigational use. system was at some point in violation lored order to correct the violation of the Constitution, or if conditions may be entered. S. 1006 there had been inhumane. But that is This is a balanced bill that allows the At the request of Mr. PRYOR, the not the case. courts to step in where they are need- name of the Senator from Wyoming To the contrary, nearly all of Michi- ed, but puts an end to unnecessary ju- [Mr. SIMPSON] was added as a cosponsor gan’s facilities are fully accredited by dicial intervention and microman- of S. 1006, a bill to amend the Internal the American Corrections Association. agement. I thank all my colleagues for Revenue Code of 1986 to simplify the We have what may be the most exten- their interest in this matter and hope pension laws, and for other purposes. sive training program in the Nation for we will be able to get something en- S. 1052 corrections officers. Our rate of prison acted soon. At the request of Mr. HATCH, the violence is among the lowest of any f name of the Senator from New Hamp- State. And we spend an average of shire [Mr. GREGG] was added as a co- $4,000 a year per prisoner for health ADDITIONAL COSPONSORS sponsor of S. 1052, a bill to amend the care, including nearly $1,700 for mental S. 773 Internal Revenue Code of 1986 to make health services. permanent the credit for clinical test- Rather, the judicial intervention is At the request of Mrs. KASSEBAUM, the name of the Senator from Alaska ing expenses for certain drugs for rare the result of a consent decree that diseases or conditions and to provide Michigan entered into in 1982—13 years [Mr. STEVENS] was added as a cospon- sor of S. 773, a bill to amend the Fed- for carryovers and carrybacks of un- ago—that was supposed to end a law- used credits. suit filed at the same time. Instead, eral Food, Drug, and Cosmetic Act to S. 1200 the decree has been a source of contin- provide for improvements in the proc- At the request of Ms. SNOWE, the uous litigation and intervention by the ess of approving and using animal name of the Senator from Virginia [Mr. court into the minutia of prison oper- drugs, and for other purposes. ROBB] was added as a cosponsor of S. ations. S. 881 1200, a bill to establish and implement I think this is all wrong. People de- At the request of Mr. PRYOR, the efforts to eliminate restrictions on the serve to keep their tax dollars or have names of the Senator from Vermont enclaved people of Cyprus. them spent on projects they approve. [Mr. LEAHY] and the Senator from Mis- They deserve better than to have their sissippi [Mr. LOTT] were added as co- S. 1219 money spent, on keeping prisoners in sponsors of S. 881, a bill to amend the At the request of Mr. FEINGOLD, the conditions some Federal judge feels are Internal Revenue Code of 1986 to clarify name of the Senator from New Mexico desirable, although not required by any provisions relating to church pension [Mr. BINGAMAN] was added as a cospon- provision of the Constitution or any benefit plans, to modify certain provi- sor of S. 1219, a bill to reform the fi- law. And they certainly don’t need it sions relating to participants in such nancing of Federal elections, and for spent on defending against endless pris- plans, to reduce the complexity of and other purposes. oner lawsuits. to bring workable consistency to the AMENDMENT NO. 2784 Meanwhile, criminals, while they applicable rules, to promote retirement At the request of Mr. KERRY his must be accorded their constitutional savings and benefits, and for other pur- name was added as a cosponsor of rights, deserve to be punished. Obvi- poses. amendment No. 2784 proposed to H.R.

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14420 CONGRESSIONAL RECORD — SENATE September 27, 1995 2099, a bill making appropriations for 104(i), 111(c)(4), and 111(c)(14) of CERCLA and State official or the tribe: Provided further, the Departments of Veterans Affairs section 118(f) of the Superfund Amendments That from funds appropriated under this and Housing and Urban Development, and Reauthorization Act of 1986: Provided heading, the Administrator may make and for sundry independent agencies, further, That none of the funds appropriated grants to federally recognized Indian govern- under this heading shall be available for the ments for the development of multimedia en- boards, commissions, corporations, and Agency for Toxic Substances and Disease vironmental programs: Provided further, That offices for fiscal year ending September Registry to issue in excess of 40 toxicological of the $1,828,000,000 for capitalization grants 30, 1996, and for other purposes. profiles pursuant to section 104(i) of CERCLA for State revolving funds to support water AMENDMENT NO. 2785 during fiscal year 1996: Provided further, That infrastructure financing, $500,000,000 shall be At the request of Mr. ROCKEFELLER none of the funds made available under this for drinking water State revolving funds, but the name of the Senator from Massa- heading may be used by the Environmental if no drinking water State revolving fund Protection Agency to propose for listing or legislation is enacted by December 31, 1995, chusetts [Mr. KERRY] was added as a to list any additional facilities on the Na- these funds shall immediately be available cosponsor of Amendment No. 2785 pro- tional Priorities List established by section for making capitalization grants under title posed to H.R. 2099, a bill making appro- 105 of the Comprehensive Environmental Re- VI of the Federal Water Pollution Control priations for the Departments of Vet- sponse, Compensation and Liability Act Act, as amended: Provided further, That of erans Affairs and Housing and Urban (CERCLA), as amended (42 U.S.C. 9605), un- the funds made available under this heading Development, and for sundry inde- less the Administrator receives a written re- in Public Law 103–327 and in Public Law 103– pendent agencies, boards, commissions, quest to propose for listing or to list a facil- 124 for capitalization grants for State revolv- corporations, and offices for fiscal year ity from the Governor of the State in which ing funds to support water infrastructure fi- the facility is located, or appropriate tribal nancing, $225,000,000 shall be made available ending September 30, 1996, and for leader, or unless legislation to reauthorize for capitalization grants for State revolving other purposes. CERCLA is enacted. funds under title VI of the Federal Water AMENDMENT NO. 2786 LEAKING UNDERGROUND STORAGE TANK TRUST Pollution Control Act, as amended, if no At the request of Mr. BAUCUS the FUND drinking water State revolving fund legisla- names of the Senator from Washington (INCLUDING TRANSFER OF FUNDS) tion is enacted by December 31, 1995. [Mrs. MURRAY] and the Senator from For necessary expenses to carry out leak- ADMINISTRATIVE PROVISIONS Minnesota [Mr. WELLSTONE] were added ing underground storage tank cleanup activi- SEC. 301. MORATORIUM ON CERTAIN EMISSIONS as cosponsors of Amendment No. 2786 ties authorized by section 205 of the Super- TESTING REQUIREMENTS. fund Amendments and Reauthorization Act proposed to H.R. 2099, a bill making ap- (a) MORATORIUM.— of 1986, and for construction, alteration, re- (1) IN GENERAL.—The Administrator of the propriations for the Departments of pair, rehabilitation, and renovation of facili- Veterans Affairs and Housing and Environmental Protection Agency (referred ties, not to exceed $75,000 per project, to in this subsection as the ‘‘Adminis- Urban Development, and for sundry $45,827,000, to remain available until ex- independent agencies, boards, commis- trator’’) shall not require adoption or imple- pended: Provided, That no more than mentation by a State of a test-only or I/M240 sions, corporations, and offices for fis- $8,000,000 shall be available for administra- enhanced vehicle inspection and mainte- cal year ending September 30, 1996, and tive expenses: Provided further, That $600,000 nance program as a means of compliance for other purposes. shall be transferred to the Office of Inspector with section 182 of the Clean Air Act (42 General appropriation to remain available f U.S.C. 7511a), but the Administrator may ap- until September 30, 1996. prove such a program if a State chooses to AMENDMENTS SUBMITTED OIL SPILL RESPONSE adopt the program as a means of compliance. (INCLUDING TRANSFER OF FUNDS) (2) REPEAL.—Paragraph (1) is repealed ef- For expenses necessary to carry out the fective as of the date that is 1 year after the THE VA–HUD APPROPRIATIONS Environmental Protection Agency’s respon- date of enactment of this Act. ACT FOR FISCAL YEAR 1996 sibilities under the Oil Pollution Act of 1990, (b) PLAN APPROVAL.— $15,000,000, to be derived from the Oil Spill (1) IN GENERAL.—The Administrator of the Liability trust fund, and to remain available Environmental Protection Agency (referred LAUTENBERG (AND ROBB) until expended: Provided, That not more than to in this subsection as the ‘‘Adminis- $8,000,000 of these funds shall be available for AMENDMENT NO. 2788 trator’’) shall not disapprove a State imple- administrative expenses. mentation plan revision under section 182 of Mr. LAUTENBERG (for himself and PROGRAM AND INFRASTRUCTURE ASSISTANCE the Clean Air Act (42 U.S.C. 7511a) on the Mr. ROBB) making appropriations for For environmental programs and infra- basis of a regulation providing for a 50-per- the Departments of Veterans Affairs structure assistance, including capitaliza- cent discount for alternative test-and-repair and Housing and Urban Development, tion grants for state revolving funds and per- inspection and maintenance programs. and for sundry independent agencies, formance partnership grants, $2,668,000,000, (2) CREDIT.—If a State provides data for a to remain available until expended, of which proposed inspection and maintenance system boards, commissions, corporations, and for which credits are appropriate under sec- offices for fiscal year ending September $1,828,000,000 shall be for making capitaliza- tion grants for State revolving funds to sup- tion 182 of the Clean Air Act (42 U.S.C. 7511a), 30, 1996, and for other purposes; as fol- port water infrastructure financing; the Administrator shall allow the full lows: $100,000,000 for architectural, engineering, de- amount of credit for the system that is ap- On page 141, line 4, strike beginning with sign, construction and related activities in propriate without regard to any regulation ‘‘$1,003,400,000’’ through page 152, line 9, and connection with the construction of high pri- that implements that section by requiring insert the following: ‘‘$1,435,000,000 to remain ority water and wastewater facilities in the centralized emissions testing. available until expended, consisting of area of the United States-Mexico Border, (3) DEADLINE.—The Administrator shall $1,185,000,000 as authorized by section 517(a) after consultation with the appropriate bor- complete and present a technical assessment of the Superfund Amendments and Reauthor- der commission; $50,000,000 for grants to the of data for a proposed inspection and mainte- ization Act of 1986 (SARA), as amended by State of Texas, which shall be matched by an nance system submitted by a State not later Public Law 101–508, and $250,000,000 as a pay- equal amount of State funds from State re- than 45 days after the date of submission. ment from general revenues to the Haz- sources, for the purpose of improving waste- SEC. 302. None of the funds made available ardous Substance Superfund as authorized water treatment for colonias; and $15,000,000 in this Act may be used by the Environ- by section 517(b) of SARA, as amended by for grants to the State of Alaska, subject to mental Protection Agency to impose or en- Public Law 101–508: Provided, That funds ap- an appropriate cost share as determined by force any requirement that a State imple- propriated under this heading may be allo- the Administrator, to address wastewater in- ment trip reduction measures to reduce ve- cated to other Federal agencies in accord- frastructure needs of Alaska Native villages: hicular emissions. Section 304 of the Clean ance with section 111(a) of CERCLA: Provided Provided, That beginning in fiscal year 1996 Air Act (42 U.S.C. 7604) shall not apply with further, That $11,700,000 of the funds appro- and each fiscal year thereafter, and notwith- respect to any such requirement during the priated under this heading shall be trans- standing any other provision of law, the Ad- period beginning on the date of the enact- ferred to the Office of Inspector General ap- ministrator is authorized to make grants an- ment of this Act and ending September 30, propriation to remain available until Sep- nually from funds appropriated under this 1996. tember 30, 1996: Provided further, That not- heading, subject to such terms and condi- SEC. 303. None of the funds provided in this withstanding section 111(m) of CERCLA or tions as the Administrator shall establish, to Act may be used within the Environmental any other provision of law, not to exceed any State or federally recognized Indian Protection Agency for any final action by $64,000,000 of the funds appropriated under tribe for multimedia or single media pollu- the Administrator or her delegate for signing this heading shall be available to the Agency tion prevention, control and abatement and and publishing for promulgation a rule con- for Toxic Substances and Disease Registry to related environmental activities at the re- cerning any new standard for arsenic, sul- carry out activities described in sections quest of the Governor or other appropriate fates, radon, ground water disinfection, or

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the contaminants in phase IV B in drinking ‘‘(1) CERTIFICATION.—(A) In the Senate, tion 916 of the Cranston-Gonzalez National water, unless the Safe Drinking Water Act of upon the certification pursuant to section Affordable Housing Act shall apply with re- 1986 has been reauthorized. 205(a) of this resolution, the Senate Com- spect to fiscal year 1996, notwithstanding SEC. 304. None of the funds provided in this mittee on Finance shall submit its rec- section 916(f) of that Act’’. Act may be used during fiscal year 1996 to ommendations pursuant to paragraph (2) to sign, promulgate, implement or enforce the the Senate Committee on the Budget. After CHAFEE (AND OTHERS) requirement proposed as ‘‘Regulation of receiving the recommendations, the Com- AMENDMENT NO. 2792 Fuels and Fuel Additives: Individual Foreign mittee on the Budget shall add such rec- Refinery Baseline Requirements for Refor- ommendations to the recommendations sub- Mr. CHAFEE (for himself, Mr. mulated Gasoline’’ at volume 59 of the Fed- mitted pursuant to subsection (a) and report LIEBERMAN, and Mr. SANTORUM) pro- eral Register at pages 22800 through 22814. a reconciliation bill carrying out all such posed an amendment to the bill H.R. SEC. 305. None of the funds appropriated to recommendations without any substantive 2099, supra; as follows: the Environmental Protection Agency for revision. On page 142, line 20, after the period, insert fiscal year 1996 may be used to implement ‘‘(B) The Chair of the Committee on the the following: ‘‘Provided further, That the Ad- section 404(c) of the Federal Water Pollution Budget shall file with the Senate revised al- ministrator shall continue funding the Control Act, as amended. No pending action locations, aggregates, and discretionary Brownfields Economic Redevelopment Initia- by the Environmental Protection Agency to spending limits under section 201(a)(1)(B) in- tive from available funds at a level necessary implement section 404(c) with respect to an creasing budget authority by $760,788,000 and to complete the award of 50 cumulative individual permit shall remain in effect after outlays by $760,788,000. Brownfields Pilots planned for award by the the date of enactment of this Act. ‘‘(2) COMMITTEE ON FINANCE.—Funding for end of FY96 and carry out other elements of SEC. 306. Notwithstanding any other provi- this section shall be provided by limiting the Brownfields Action Agenda in order to sion of law, for this fiscal year and hereafter, any tax cut provided in the reconciliation facilitate economic redevelopment at an industrial discharger to the Kalamazoo bill to families with incomes less than Brownfields sites.’’ Water Reclamation Plant, an advanced $150,000.’’. wastewater treatment plant with activated carbon, may be exempted from categorical THURMOND AMENDMENT NO. 2793 FEINGOLD (AND OTHERS) pretreatment standards under section 307(b) Mr. THURMOND proposed an amend- AMENDMENT NO. 2789 of the Federal Water Pollution Control Act, ment to the bill H.R. 2099, supra; as fol- as amended, if the following conditions are Mr. FEINGOLD (for himself, Ms. lows: met: (1) the Kalamazoo Water Reclamation MOSELEY-BRAUN, Mr. KENNEDY, Mr. On page 3, line 19, strike ‘‘$1,345,300,000’’ Plant applies to the State of Michigan for an BRADLEY, Mr. WELLSTONE, Ms. MIKUL- and insert ‘‘$1,352,180,000.’’ exemption for such industrial discharger and SKI, and Mr. SIMON) proposed an On page 3, strike line 24 and add ‘‘as (2) the State or the Administrator, as appli- amended: Provided further, That of the cable, approves such exemption request amendment to the bill H.R. 2099, supra; as follows: amounts appropriated for readjustment ben- based upon a determination that the Kala- efits, $6,880,000 shall be available for funding mazoo Water Reclamation Plant will provide On page 125, strike lines 12 through 17. the Service Members Occupational Conver- treatment consistent with or better than sion and Training program as authorized by treatment requirements set forth by the sections 4481–4497 of Public Law 102–484, as EPA, and there exists an operative financial CHAFEE (AND LEVIN) AMENDMENT NO. 2790 amended.’’ contract between the City of Kalamazoo and On page 10, line 18, strike ‘‘$880,000,000’’ and the industrial user and an approved local Mr. CHAFEE (for himself and Mr. insert ‘‘$872,000,000.’’ pretreatment program, including a joint LEVIN) proposed an amendment to the monitoring program and local controls to bill H.R. 2099, supra; as follows: prevent against interference and pass HARKIN AMENDMENT NO. 2794 through. On page 150, strike lines 12 through 24, and Ms. MIKULSKI (for Mr. HARKIN) pro- SEC. 307. No funds appropriated by this Act insert the following: ‘‘for this fiscal year and posed an amendment to the bill H.R. may be used during fiscal year 1996 to en- hereafter, an industrial discharger that is a 2099, supra; as follows: pharmaceutical manufacturing facility and force the requirements of section 211(m)(2) of At the appropriate place, insert the fol- the Clean Air Act that require fuel refiners, discharged to the Kalamazoo Water Rec- lamation Plant (an advanced wastewater lowing: marketers, or persons who sell or dispense SEC. . The Administrator of the Environ- treatment plant with activated carbon) prior fuel to ultimate consumers in any carbon mental Protection Agency shall not, under to the date of enactment of this Act may be monoxide nonattainment area in Alaska to authority of section 6 of the Toxic Sub- exempted from categorical pretreatment use methyl tertiary butyl ether (MTBE) to stances Control Act (15 U.S.C. 2605), take standards under section 307(b) of the Federal meet the oxygen requirements of that sec- final action on the proposed rule dated Feb- Water Pollution Control Act, as amended, if tion. ruary 28, 1994 (59 Fed. Reg. 11122 (March 9, the following conditions are met: (1) the EXECUTIVE OFFICE OF THE PRESIDENT 1994)) to prohibit or otherwise restrict the owner or operator of the Kalamazoo Water manufacturing, processing, distributing, or OFFICE OF SCIENCE AND TECHNOLOGY POLICY Reclamation Plant applies to the State of use of any fishing sinkers or lures containing For necessary expenses of the Office of Michigan for an exemption for such indus- lead, zinc, or brass unless the Administrator Science and Technology Policy, in carrying trial discharger, (2) the State or Adminis- finds that the risk to waterfowl cannot be out the purposes of the National Science and trator, as applicable, approves such exemp- addressed through alternative means in Technology Policy, Organization, and Prior- tion request based upon a determination which case, the rule making may proceed 180 ities Act of 1976 (42 U.S.C. 6601 and 6671), hire that the Kalamazoo Water Reclamation days after Congress is notified of the finding. of passenger motor vehicles, services as au- Plant will provide treatment and pollution thorized by 5 U.S.C. 3109, not to exceed $2,500 removal consistent with or better than for official reception and representation ex- treatment and pollution removal require- BOND (AND OTHERS) AMENDMENT penses, and rental of conference rooms in the ments set forth by the Environmental Pro- NO. 2795 District of Columbia, $4,981,000: Provided, tection Agency, the State determines that Mr. BOND (for himself, Mr. D’AMATO, That the Office of Science and Technology the total removal of each pollutant released Mr. BENNETT, and Mr. MACK) proposed Policy shall reimburse other agencies for not into the environment will not be lesser than less than one-half of the personnel com- the total removal of such pollutants that an amendment to the bill H.R. 2099, pensation costs of individuals detailed to it. would occur in the absence of the exemption, supra; as follows: COUNCIL ON ENVIRONMENTAL QUALITY AND and (3) compliance with paragraph (2) is ad- On page 105, beginning on line 10, strike OFFICE OF ENVIRONMENTAL QUALITY dressed by the provisions and conditions of a ‘‘SEC. 214.’’ and all that follows through line 4 on page 107: For necessary expenses to continue func- permit issued to the Kalamazoo Water Rec- tions assigned to the Council on Environ- lamation Plant under section 402 of such ‘‘SEC. 214. SECTION 8 CONTRACT RENEWAL. mental Quality and Office of Environmental Act, and there exists an operative’’. ‘‘(a) IN GENERAL.—Notwithstanding any Quality pursuant to the National Environ- other provision of law, the Secretary shall mental Policy Act of 1969, the Environ- renew upon expiration each contract for BINGAMAN (AND OTHERS) project-based assistance under section 8 of mental Improvement Act of 1970 and Reorga- AMENDMENT NO. 2791 nization Plan No. 1 of 1977, $2,188,000. the United States Housing Act of 1937 that Mr. BINGAMAN (for himself, Mrs. expires during fiscal year 1996 in accordance ADMINISTRATIVE PROVISIONS HUTCHISON, and Mr. DOMENICI) proposed with this subsection. SEC. 401. Section 105(b) of House Concur- an amendment to the bill H.R. 2099, ‘‘(b) CONTRACT TERM.—Each contract de- rent Resolution 67 (104th Congress, 1st Ses- scribed in subsection (a) may be renewed for sion) is amended to read as follows: supra; as follows: a term not to exceed 2 years. ‘‘(b) RECONCILIATION OF REVENUE REDUC- On page 40, line 17, insert before the period ‘‘(c) RENTS AND OTHER CONTRACT TERMS.— TIONS IN THE SENATE.— the following: ‘‘: Provided further, That sec- Except as provided in subsections (d) and (e),

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14422 CONGRESSIONAL RECORD — SENATE September 27, 1995 the Secretary shall offer to renew each con- April 1, 1997: Provided, That none of the for the implementation of additional energy tract described in subsection (a) (including aforementioned authority or responsibility conservation measures and for water con- any contract relating to a multifamily for enforcement of the Fair Housing Act servation measures at such facilities used by project whose mortgage is insured or as- shall be transferred to the Attorney General the agency as are designated by the head of sisted under the new construction and sub- until adequate personnel and resources allo- the agency. stantial rehabilitation program under sec- cated to such activity at the Department of (2) OTHER PURPOSES.—Fifty percent of the tion 8 of the United States Housing Act of Housing and Urban Development are trans- amount shall remain available for use by the 1937): ferred to the Department of Justice.’’ agency for such purposes as are designated ‘‘(1) at a rent equal to the budget-based by the head of the agency, consistent with rent for the project; JOHNSTON AMENDMENT NO. 2797 applicable law. ‘‘(2) at the current rent, where the current (c) REPORTS.— Mr. BOND (for Mr. JOHNSTON) pro- rent does not exceed 120 percent of the fair (1) BY AGENCY HEADS.—The head of each market rent for the jurisdiction in which the posed an amendment to the bill H.R. agency for which funds are made available project is located; or 2099, supra; as follows: under this Act shall include in each report of ‘‘(3) at the current rent, pending the imple- At the appropriate place, insert: ‘‘Not later the agency to the Secretary of Energy under mentation of guidelines for budget-based than 90 days after the date of enactment of section 548(a) of the National Energy Con- rents. this Act, the Administrator of the Environ- servation Policy Act (42 U.S.C. 8258(a)) a de- ‘‘(d) LOAN MANAGEMENT SET-ASIDE CON- mental Protection Agency (EPA) shall enter scription of the results of the activities car- TRACTS.—The Secretary shall offer to renew into an arrangement with the National ried out under subsection (a) and rec- each loan management set-aside contract at Academy of Sciences to investigate and re- ommendations concerning how to further re- a rent equal to the budget-based rent for the port on the scientific bases for the public duce energy costs and energy consumption in unit, as determined by the Secretary, for a recommendations of the EPA with respect to the future. period not to exceed 1 year. indoor radon and other naturally occurring (2) BY SECRETARY OF ENERGY.—The reports ‘‘(e) TENANT-BASED ASSISTANCE OPTION.— radioactive materials (NORM). The National required under paragraph (1) shall be in- Notwithstanding any other provision of law, Academy shall examine EPA’s guidelines in cluded in the annual reports required to be the Secretary may, with the consent of the light of the recommendations of the Na- submitted to Congress by the Secretary of owner of a project that is subject to a con- tional Council on Radiation Protection and Energy under section 548(b) of the Act (42 tract described in subsection (a) and with no- Measurements, and other peer-reviewed re- U.S.C. 8258(b)). tice to and in consultation with the tenants, search by the National Cancer Institute, the (3) CONTENTS.—With respect to the period agree to provide tenant-based rental assist- Centers for Disease Control, and others, on since the date of the preceding report, a re- ance under section 8(b) or 8(o) in lieu of re- radon and NORM. The National Academy port under paragraph (1) or (2) shall— newing a contract to provide project-based shall summarize the principal areas of agree- (A) specify the total energy costs of the fa- rental assistance under subsection (a). Sub- ment and disagreement among the above, cilities used by the agency; ject to advance appropriations, the Sec- and shall evaluate the scientific and tech- (B) identify the reductions achieved; retary may offer an owner incentives to con- nical basis for any differences that exist. Not (C) specify the actions that resulted in the vert to tenant-based rental assistance. later than 18 months after the date of enact- reductions; ‘‘(f) DEMONSTRATION PROGRAM.—If a con- ment of this Act, the Administrator shall (D) with respect to the procurement proce- tract described in subsection (a) is eligible submit to Congress the report of the Na- dures of the agency, specify what actions for the demonstration program under section tional Academy and a statement, the Admin- have been taken to— 213, the Secretary may make the contract istrator’s views on the need to revise guide- (i) implement the procurement authorities subject to the requirements of section 213. lines for radon and NORM in response to the provided by subsections (a) and (c) of section ‘‘(g) DEFINITIONS.— evaluation of the National Academy. Such 546 of the National Energy Conservation Pol- ‘‘(1) BUDGET-BASED RENT.—For purposes of statement shall explain and differentiate the icy Act (42 U.S.C. 8256); and this section, the term ‘‘budget-based rent’’, technical and policy bases for such views.’’ (ii) incorporate directly, or by reference, with respect to a multifamily housing the requirements of the regulations issued project, means the rent that is established BINGAMAN AMENDMENT NO. 2798 by the Secretary of Energy under title VIII by the Secretary, based on the actual and of the Act (42 U.S.C. 8287 et seq.); and projected costs of operating the project, at a Mr. BOND (for Mr. BINGAMAN) pro- (E) specify— level that will provide income sufficient, posed an amendment to the bill H.R. (i) the actions taken by the agency to with respect to the project, to support— 2099, supra; as follows: achieve the goal specified in subsection ‘‘(A) the debt service of the project. (a)(2); ‘‘(B) the operating expenses of the project, At the appropriate place, insert the fol- (ii) the procurement procedures and meth- including— lowing: ods used by the agency under section (i) contributions to actual reserves; SEC. . ENERGY SAVINGS AT FEDERAL FACILI- (ii) the costs of maintenance and necessary TIES. 546(a)(2) of the Act (42 U.S.C. 8256(a)(2)); and rehabilitation, as determined by the Sec- (a) REDUCTION IN FACILITIES ENERGY (iii) the number of energy savings perform- retary; COSTS.— ance contracts entered into by the agency (iii) other costs permitted under section 8 (1) IN GENERAL.—The head of each agency under title VIII of the Act (42 U.S.C. 8287 et of the United States Housing Act of 1937, as for which funds are made available under seq.). determined by the Secretary. this Act shall— (A) take all actions necessary to achieve ‘‘(C) an adequate allowance for potential BOND AMENDMENT NO. 2799 during fiscal year 1996 a 5 percent reduction, and reasonable operating losses due to va- from fiscal year 1995 levels, in the energy cancies and failure to collect rents, as deter- Mr. BOND proposed an amendment to costs of the facilities used by the agency; or mined by the Secretary. the bill H.R. 2099, supra; as follows: (B) enter into a sufficient number of en- ‘‘(D) an allowance for a rate of return on On page 153, line 17, strike ‘‘$166,000,000’’, ergy savings performance contracts with pri- equity to the owner not to exceed 6 percent. and insert ‘‘$168,900,000’’. vate sector energy service companies under ‘‘(E) other expenses, as determined to be On page 153, line 21, strike ‘‘$4,400,000’’, and title VIII of the National Energy Conserva- necessary by the Secretary. insert ‘‘$4,673,000’’. tion Policy Act (42 U.S.C. 8287 et seq.) to ‘‘(2) BASIC RENTAL CHARGE FOR SECTION 236. On page 154, line 13, strike ‘‘$100,000,000’’, achieve during fiscal year 1996 at least a 5 ‘‘A basic rental charge’’ determined or ap- and insert ‘‘$114,173,000’’. proved by the Secretary for a project receiv- percent reduction, from fiscal year 1995 lev- els, in the energy use of the facilities used by ing interest reduction payments under sec- BOND AMENDMENT NO. 2800 tion 236 of the National Housing Act shall be the agency. (2) GOAL.—The activities described in para- deemed a ‘‘budget-based rent’’ within the Mr. BOND proposed an amendment to graph (1) should be a key component of agen- meaning of this section.’’. cy programs that will by the year 2000 result the bill H.R. 2099, supra; as follows: ‘‘(3) SECRETARY.—The term ‘‘Secretary’’ On page 22, line 5, insert the following: refers to the Secretary of Housing and Urban in a 20 percent reduction, from fiscal year ‘‘SEC. 111. During fiscal year 1996, not to Development.’’. 1985 levels, in the energy use of the facilities used by the agency, as required by section exceed $5,700,000 may be transferred from 543 of the National Energy Conservation Pol- ‘Medical care’ to ‘Medical administration SIMON (AND MOSELEY-BRAUN) icy Act (42 U.S.C. 8253). and miscellaneous operating expenses.’ No AMENDMENT NO. 2796 (b) USE OF COST SAVINGS.—An amount transfer may occur until 20 days after the Secretary of Veterans Affairs provides writ- Mr. BOND (for Mr. SIMON for himself equal to the amount of cost savings realized by an agency under subsection (a) shall re- ten notice to the House and Senate Commit- and Ms. MOSELEY-BRAUN) proposed an main available for obligation through the tees on Appropriations.’’ amendment to the bill H.R. 2099, supra; end of fiscal year 2000, without further au- On page 27, line 23, insert a comma after as follows: thorization or appropriation, as follows: the word ‘‘analysis’’. On page 169, at the end of line 7, insert be- (1) CONSERVATION MEASURES.—Fifty per- On page 28, line 1, strike out ‘‘program fore the period the following: ‘‘effective cent of the amount shall remain available and’’ and insert in lieu thereof ‘‘program,’’.

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14423

On page 28, line 18, strike out ‘‘or court or- On page 71, line 1, strike out ‘‘(A) IN GEN- On page 117, line 11, strike out ‘‘subpara- ders’’. ERAL.—’’. graph’’ and insert ‘‘subsection’’. On page 28, line 20, strike out ‘‘and’’. On page 71, strike out lines 11 through 18. On page 118, strike out lines 19 through 21, On page 29, line 13, strike out ‘‘amount’’ On page 72, line 6, after ‘‘comment,’’ insert and insert in lieu thereof the following: and insert in lieu thereof ‘‘$624,000,000’’. ‘‘a’’. ‘‘(1) Subsection (a) is amended by— On page 29, line 17, strike out ‘‘plan of ac- On page 72, line 7, strike out ‘‘are’’ and in- (A) striking out in the first sentence ‘low- tions’’ and insert in lieu thereof ‘‘plans of ac- sert ‘‘is’’. income’ and inserting in lieu thereof ‘very tion’’. On page 72, line 18, after ‘‘comment,’’ in- low-income’; and On page 29, line 21, strike out ‘‘be closed’’ sert ‘‘a’’. (B) striking out ‘eligible low income hous- and insert in lieu thereof ‘‘close’’. On page 72, line 19, strike out ‘‘are’’ and in- ing’ and inserting in lieu thereof ‘housing fi- On page 29, lines 23 and 24, strike out sert ‘‘is’’. nanced under the programs set forth in sec- ‘‘$624,000,000 appropriated in the preceding On page 74, line 6, strike out ‘‘selection cri- tion 229(1)(A) of this Act’.’’. proviso’’ and insert in lieu thereof ‘‘fore- teria’’ and insert in lieu thereof ‘‘system of On page 120, line 2, strike out ‘‘Subsection’’ going $624,000,000’’. preferences for selection’’. and insert ‘‘Paragraph’’. On page 30, line 2, strike out ‘‘the discre- On page 74, line 11, strike out ‘‘selection On page 120, strike out lines 18 through 22, tion to give’’ and insert in lieu thereof ‘‘giv- criteria’’ and insert in lieu thereof ‘‘system and insert in lieu thereof the following: ing’’. of preferences for selection’’. ‘‘(2) Paragraph (8) is amended— On page 74, strike out lines 13 through 16, On page 30, line 12, strike out ‘‘proviso’’ (A) by deleting in subparagraph (A) the and redesignate subsequent paragraphs. and insert in lieu thereof ‘‘provision’’. words ‘determining the authorized return On page 75, line 1, strike out ‘‘selection cri- On page 32, line 10, strike out ‘‘purpose’’ under section 219(b)(6)(ii)’; teria’’ and insert in lieu thereof ‘‘system of and insert in lieu thereof ‘‘purposes’’. (B) by deleting in subparagraph (B) ‘and preferences for selection’’. On page 33, line 6, strike out ‘‘purpose’’ and 221’; and insert in lieu thereof ‘‘purposes’’. On page 75, strike out the matter begin- ning on line 12 through line 19 on page 76, (C) by deleting in subparagraph (B) the On page 33, line 10, strike out ‘‘deter- words ‘acquisition loans under’’. mined’’ and insert in lieu thereof ‘‘deter- and insert in lieu thereof the following: ‘‘(B) CRANSTON-GONZALEZ NATIONAL AF- On page 121, line 3, strike out ‘‘Subsection’’ mines’’. and insert ‘‘Paragraph’’. On page 33, strike out lines 15 and 15, and FORDABLE HOUSING ACT.—Section 522(f)(b)(B) of the Cranston-Gonzalez National Afford- On page 122, line 4, strike out ‘‘Subsection’’ insert in lieu thereof ‘‘funding made avail- and insert ‘‘Paragraph’’. able pursuant to this paragraph and that has able Housing Act (42 U.S.C. 12704 et seq.) is amended by striking ‘any preferences for On page 122, line 13, strike out ‘‘Sub- not been obligated by the agency and dis- section’’ and insert ‘‘Section’’. tribute such funds to one or more’’. such assistance under section 8(d)(1)(A)(i)’ and inserting ‘written system of preferences On page 122, line 21, strike out ‘‘Sub- On page 33, line 23, strike out ‘‘agencies section’’ and insert ‘‘Section’’. and’’ and insert ‘‘agencies and to’’. for selection established pursuant to section 8(d)(1)(A)’. On page 147, line 17, before the period, in- On page 40, strike out line 9 and insert ‘‘a sert the following: grant made available under the preceding ‘‘(C) HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1992.—Section 655 of the Housing and ‘‘: Provided further, That of the funds ap- proviso to the Housing Assistance Council or propriated in the Construction Grants and the National American Indian Housing Coun- Community Development Act of 1992 (42 U.S.C. 13615) is amended by striking ‘the Water Infrastructure/State Revolving Funds cil, or a grant using funds under section accounts since the appropriation for the fis- 107(b)(3) of the Housing and Community De- preferences’ and all that follows through the period at the end and inserting ‘any pref- cal year ending September 30, 1992, and here- velopment Act of 1974)’’. after, for making grants for wastewater On page 40, beginning on line 20, strike out erences’.’’. treatment works construction projects, por- ‘‘public and Indian housing agencies’’ and in- On page 76, line 20, strike out ‘‘(E)’’ and in- tions may be provided by the recipients to sert in lieu thereof ‘‘public housing agencies sert ‘‘(D)’’. states for managing construction grant ac- (including Indian housing authorities), non- On page 77, lines 3 and 4, strike out ‘‘selec- tivities, on condition that the states agree to profit corporations, and other appropriate tion criteria’’ and insert in lieu thereof ‘‘sys- reimburse the recipients from state funding entities’’. tem of preferences for selection’’. sources’’. On page 40, line 22, strike out ‘‘and’’ the On page 86, line 1, strike out ‘‘of issuance On page 149, line 19, strike ‘‘phase IV’’ and second time it appears and insert a comma. and’’. On page 87, line 13, after ‘‘evaluations of’’, insert in lieu thereof ‘‘phase VI’’. On page 40, line 24, insert after ‘‘1437f)’’ the insert ‘‘up to 15’’. following: ‘‘, and other low-income families On page 87, line 17, strike out ‘‘(d)’’ and in- and individuals’’. KEMPTHORNE (AND BOND) sert ‘‘(e)’’. On page 41, line 5, after ‘‘Provided’’ insert AMENDMENT NO. 2801 On page 90, line 2, strike out ‘‘Secretary.’’ ‘‘further’’. and insert ‘‘Secretary; and’’. Mr. BOND (for Mr. KEMPTHORNE for On page 41, line 6, after ‘‘shall include’’ in- On page 90, line 5, strike out ‘‘agree to co- sert ‘‘congregate services for the elderly and himself and Mr. BOND) proposed an operate with’’ and insert in lieu thereof disabled, service coordinators, and’’. amendment to the bill, H.R. 2099, ‘‘participate in a’’. supra; as follows: On page 45, line 24, strike out ‘‘orginally’’ On page 92, line 21, strike out ‘‘final’’. and insert in lieu thereof ‘‘originally’’. On page 95, line 9, after ‘‘agency’’ insert On page 147, line 6, strike ‘‘December 31, On page 45, strike out the matter after ‘‘in connection with a program authorized 1995’’ and insert ‘‘April 30, 1996’’. ‘‘That’’ on line 26, through line 5 on page 46, under section 542 (b) or (c) of the Housing On page 147, line 17, strike ‘‘December 31, and insert in lieu thereof ‘‘the Secretary and Community Development Act of 1992’’. 1995’’ and insert ‘‘April 30, 1996’’. may use any negative subsidy amounts from On page 95, strike out lines 11 and 12, and the sale of such assigned mortgage notes insert in lieu thereof ‘‘542(c)(4) of such Act.’’. FAIRCLOTH AMENDMENT NO. 2802 during fiscal year 1996 for the disposition of On page 95, strike out the matter begin- properties or notes under this heading.’’. ning with ‘‘a’’ on line 17 through ‘‘section’’ Mr. BOND (for Mr. FAIRCLOTH) pro- On page 47, strike out the matter after on line 18, and insert in lieu thereof ‘‘an as- posed an amendment to the bill, H.R. ‘‘That’’ on line 17, through ‘‘Development’’ sistance contract under this section, other 2099, supra; as follows: on line 25, and insert in lieu thereof ‘‘the than a contract for tenant-based assist- On page 128, add a new section to the bill: Secretary may use any negative subsidy ance,’’. amounts from the sale of such assigned ‘‘SEC. . None of the funds provided in this On page 96, line 10, strike out ‘‘years’’ and Act may be used during fiscal year 1996 to in- mortgage notes during fiscal year 1996, in ad- insert ‘‘year’’. dition to amounts otherwise provided, for vestigate or prosecute under the Fair Hous- On page 102, line 18, strike out ‘‘section ing Act (42 U.S.C. 3601, et seq.) any otherwise the disposition of properties or notes under 216(c)(4) hereof’’ and insert in lieu thereof this heading (including the credit subsidy for lawful activity engaged in by one or more ‘‘paragraph (4)’’. persons, including the filing or maintaining the guarantee of loans or the reduction of On page 106, line 8, strike out ‘‘subject to’’ positive credit subsidy amounts that would of nonfrivolous legal action, that is engaged and insert in lieu thereof ‘‘eligible for’’. in solely for the purposes of— otherwise be required for the sale of such On page 106, line 14, strike out ‘‘(8 NC/SR)’’ ‘‘(1) achieving or preventing action by a properties or notes), and for any other pur- and insert in lieu thereof ‘‘the section 8 new Government official, entity, or court of com- pose under this heading’’. construction or substantial rehabilitation petent jurisdiction.’’. On page 68, line 1, after ‘‘Section 1002’’ in- program’’. sert ‘‘(d)’’. On page 106, line 15, strike out ‘‘subject to’’ On page 69, lines 5 and 6, strike out ‘‘Not- and insert in lieu thereof ‘‘eligible for’’. FAIRCLOTH (AND KYL) withstanding the previous sentence’’ and in- On page 107, line 6, strike out ‘‘Sec. 217.’’ AMENDMENT NO. 2803 sert in lieu thereof ‘‘Where the rent deter- and insert ‘‘Sec. 215.’’. mined under the previous sentence is less On page 117, line 8, strike out ‘‘subpara- Mr. BOND (for Mr. FAIRCLOTH for than $25’’. graphs’’ and insert ‘‘subsections’’. himself and Mr. KYL) proposed an On page 70, line 12, strike out ‘‘and’’ and On page 117, line 10, strike out ‘‘sub- amendment to the bill, H.R. 2099, insert in lieu thereof ‘‘any’’. sections’’ and insert ‘‘subparagraphs’’. supra; as follows:

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14424 CONGRESSIONAL RECORD — SENATE September 27, 1995 On page 128, add a new section to the bill: Appropriations Committees of the Senate (4) recommendations as to how federal pro- ‘‘SEC. . None of the funds provided in this and House of Representatives a report grams can be designed to prevent the use of Act may be used to take any enforcement ac- which— federal funds to facilitate the transfer of jobs tion with respect to a complaint of discrimi- (1) provides a staffing plan for the Office of from one state to another. nation under the Fair Housing Act (42 U.S.C. Research and Development indicating the f 3601, et seq.) on the basis of familial status use of Federal and contract employees; and which involves an occupancy standard (2) identifies the amount of funds to be re- DEPARTMENTS OF LABOR, established by the housing provider except to programmed to STAR activities; and HEALTH AND HUMAN SERVICES, the extent that it is found that there has (3) provides a listing of any resource reduc- AND EDUCATION, AND RELATED been discrimination in contravention of the tions below fiscal year 1995 funding levels, by AGENCIES APPROPRIATIONS standards provided in the March 20, 1991, specific laboratory, from Federal staffing, Memorandum from the General Counsel of cooperative agreements, grants, or support ACT, 1996 the Department of Housing and Urban Devel- contracts as a result of funding for the STAR opment of all Regional Counsels or until Program. such time that HUD issues a final rule in ac- CRAIG AMENDMENT NO. 2809 cordance with 5 U.S.C. 553.’’. MOYNIHAN (AND D’AMATO) (Ordered to lie on table.) AMENDMENT NO. 2806 Mr. CRAIG submitted an amendment FEINSTEIN AMENDMENT NO. 2804 intended to be proposed by him to the Mr. BOND (for Mr. MOYNIHAN, for Mr. BOND (for Mrs. FEINSTEIN) pro- bill (H.R. 2127) making appropriations himself, and Mr. D’AMATO) proposed an posed an amendment to the bill, H.R. amendment to the bill H.R. 2099, supra; for the Departments of Labor, Health 2099, supra; as follows: as follows: and Human Services, and Education, At the appropriate place in title II, insert and related agencies, for the fiscal year On page 43, between lines 13 and 14, insert the following new section: ending September 30, 1996, and for the following: SEC.—. CDBG ELIGIBLE ACTIVITIES. ‘‘The amount made available for fiscal other purposes; as follows: Section 105(a) of the Housing and Commu- year 1995 for a special purpose grant for the At the appropriate place in title I, insert nity Development Act of 1974 (42 U.S.C. renovation of the central terminal in Buf- the following new section: 5305(a)) is amended— falo, New York, shall be made available for SEC. . None of the funds appropriated in (1) in paragraph (4)— the central terminal and for other public fa- this Act may be obligated or expended by the (A) by inserting ‘‘reconstruction,’’ after cilities in Buffalo, New York.’’. Department of Labor for the purposes of en- ‘‘removal,’’; and forcement and the issuance of fines under (B) by striking ‘‘acquisition for rehabilita- BOND AMENDMENT NO. 2807 Hazardous Occupation Order Number 12 (HO tion, and rehabilition’’ and inserting ‘‘acqui- 12) with respect to the placement or loading sition for reconstruction or rehabilitation, Mr. BOND proposed an amendment to of materials by a person under 18 years of and reconstruction or rehabilitation’’; the bill H.R. 2099, supra; as follows: age into a cardboard baler that is in compli- (2) in paragraph (13), by striking ‘‘and’’ at On page 130, strike out the matter begin- ance with the American National Standards the end; Institute safety standard ANSI Z245.5 1990, (3) by striking paragraph (19); ning with line 19 through line 2 on page 131, and a compactor that is in compliance with (4) in paragraph (24), by striking ‘‘and’’ at and insert in lieu thereof the following: ‘‘For the American National Standards Institute the end; necessary expenses for the Corporation for safety standard ANSI Z245.2 1992. (5) in paragraph (25), by striking the period National and Community Service in carrying at the end and inserting ‘‘; and’’; out the orderly terminations of programs, (6) by redesignating paragraphs (20) activities, and initiatives under the National ABRAHAM AMENDMENT NO. 2810 through (25) as paragraphs (19) through (24), and Community Service Act of 1990, as respectively; and amended (Public Law 103–82), $6,000,000: Pro- (Ordered to lie on the table.) (7) by redesignating paragraph (21) (as vided, That such amount shall be utilized to Mr. ABRAHAM submitted an amend- added by section 1012(f)(3) of the Housing and resolve all responsibilities and obligations in ment intended to be proposed by him Community Development Act of 1992) as connection with said Corporation and the to the bill H.R. 2127, supra; as follows: paragraph (25). Corporation’s Office of Inspector General.’’ On page 48, lines 15 and 16, strike ‘‘titles III and IV of the Goals 2000: Educate America WARNER (AND NICKLES) FEINGOLD AMENDMENT NO. 2808 Act’’ and insert ‘‘the Educational Choice and AMENDMENT NO. 2805 Equity Act of 1995’’. Mr. BOND (for Mr. FEINGOLD) pro- On page 48, strike lines 18 through 20, and Mr. BOND (for Mr. WARNER, for him- posed an amendment to the bill H.R. insert the following: self and Mr. NICKLES) proposed an 2099, supra; as follows: $432,500,000, of which $280,000,000 shall be amendment to the bill H.R. 2099, supra; At the appropriate place in the bill, add available to carry out the Educational as follows: the following: Choice and Equity Act of 1995, $30,000,000 At the appropriate place in title III, insert SEC. . REPORT ON IMPACT OF COMMUNITY DE- shall be available to the Secretary of Edu- the following: VELOPMENT FUNDS ON PLAN RELO- cation for grants to States to enable such SEC. 3. EPA RESEARCH AND DEVELOPMENT AC- CATIONS AND JOB DISLOCATION. States to support charter school programs, TIVITIES AND STAFFING. Not later than October 1, 1996, the Sec- and $122,500,000 shall be available to carry (a) STAR PROGRAM.—The Administrator of retary of the Department of Housing and out the School-to-Work Opportunities Act of the Environmental Protection Agency may Urban Development shall submit to the ap- 1994, shall become available on July 1, not use any funds made available under this propriate Committees of the Congress a re- On page 48, line 21, strike the colon and in- Act to implement the Science to Achieve Re- port on— sert a period. sults [STAR] Program unless— (1) the extent to which funds provided On page 48, beginning with line 22, strike (1) the use of the funds would not reduce under section 106 (Community Development all through page 49, line 2. any funding available to the laboratories of Block Grants), section 107 (Special Purpose On page 58, line 4, insert ‘‘and’’ after ‘‘of the Agency for staffing, cooperative agree- Grants), and Section 108(q) (Economic Devel- title X,’’. ments, grants, or support contracts; or opment Grants) of the Housing and Commu- On page 58, lines 6 and 7, strike ‘‘and title (2) the Appropriations Committees of the nity Development Act of 1974, have been used VI of the Goals 2000: Educate America Act,’’. Senate and House of Representatives grant to facilitate the closing of an industrial or On page 68, strike lines 19 through 22. prior approval. Transfers of funds to support commercial plant or the substantial reduc- On page 108, between lines 15 and 16, insert STAR activities shall be considered a re- tion of operations of a plant and result in the the following: programming of funds. Further, said ap- relocation or expansion of a plant from one TITLE ll—EDUCATIONAL CHOICE AND proval shall be contingent upon submission state to another; EQUITY of a report to the Committees as specified in (2) substantial the extent to which the section (c)(2) below. availability of such funds has been a factor SEC. ll01. SHORT TITLE. (b) CONTRACTOR CONVERSION.—The Admin- in the decision to relocate a plant from one This title may be cited as the ‘‘Edu- istrator of the Environmental Protection state to another; cational Choice and Equity Act of 1995’’. Agency may not use any funds to— (3) an analysis of the extent to which pro- SEC. ll02. PURPOSE. (1) hire employees and create any new staff visions in other laws prohibiting the use of The purpose of this title is to determine positions under the contractor conversion federal funds to facilitate the closing of an the effects on students and schools of pro- program in the Office of Research and Devel- industrial or commercial plant or the sub- viding financial assistance to low-income opment. stantial reduction in the operations of such parents to enable such parents to select the (c) REPORT.—Not later than January 1, plant and the relocation or expansion of a public or private schools their children will 1996, the Administrator shall submit to the plant have been effective; and attend.

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14425 SEC. ll03. DEFINITIONS. plying with section ll09(a)(1), if any, for (B) a description of the types of potential As used in this title— their eligible children to attend a choice choice schools that will be involved in the (1) the term ‘‘choice school’’ means any school; and demonstration project; public or private school, including a private (2) administration of the demonstration (C)(i) a description of the procedures used sectarian school or a public charter school, project, which shall not exceed 15 percent of to encourage public and private schools to be that is involved in a demonstration project the amount received under the grant for the involved in the demonstration project; and assisted under this title; first fiscal year for which the eligible entity (ii) a description of how the eligible entity (2) the term ‘‘eligible child’’ means a child provides education certificates under this will annually determine the number of in grades 1 through 12 who is eligible for free title or 10 percent of such amount for any spaces available for eligible children in each or reduced price lunches under the National subsequent year, including— choice school; School Lunch Act (42 U.S.C. 1751 et seq.); (A) seeking the involvement of choice (D) an assurance that each choice school (3) the term ‘‘eligible entity’’ means a pub- schools in the demonstration project; will not impose higher standards for admis- lic agency, institution, or organization, such (B) providing information about the dem- sion or participation in its programs and ac- as a State, a State or local educational agen- onstration project, and the schools involved tivities for eligible children provided edu- cy, a consortium of public agencies, or a con- in the demonstration project, to parents of cation certificates under this title than the sortium of public and private nonprofit orga- eligible children; choice school does for other children; nizations, that can demonstrate, to the sat- (C) making determinations of eligibility (E) an assurance that each choice school isfaction of the Secretary, its ability to— for participation in the demonstration operated, for at least 1 year prior to accept- (A) receive, disburse, and account for Fed- project for eligible children; ing education certificates under this title, an eral funds; and (D) selecting students to participate in the educational program similar to the edu- (B) carry out the activities described in its demonstration project; cational program for which such choice application under this title; (E) determining the amount of, and school will accept such education certifi- (4) the term ‘‘evaluating agency’’ means issuing, education certificates; cates; any academic institution, consortium of pro- (F) compiling and maintaining such finan- (F) an assurance that the eligible entity fessionals, or private or nonprofit organiza- cial and programmatic records as the Sec- will terminate the involvement of any choice tion, with demonstrated experience in con- retary may prescribe; and school that fails to comply with the condi- ducting evaluations, that is not an agency or (G) collecting such information about the tions of its involvement in the demonstra- instrumentality of the Federal Government; effects of the demonstration project as the tion project; and (5) the term ‘‘local educational agency’’ evaluating agency may need to conduct the (G) a description of the extent to which has the meaning given that term in section evaluation described in section ll11. choice schools will accept education certifi- 14101 of the Elementary and Secondary Edu- (d) SPECIAL RULE.—Each school partici- cates under this title as full or partial pay- cation Act of 1965 (20 U.S.C. 8801); pating in a demonstration project under this ment for tuition and fees; (6) the term ‘‘parent’’ includes a legal title shall comply with title VI of the Civil (3) with respect to the participation in the guardian or other individual acting in loco Rights Act of 1964 (42 U.S.C. 2000d et seq.) demonstration project of eligible children— parentis; which prohibits discrimination on the basis (A) a description of the procedures to be (7) the term ‘‘school’’ means a school that of race, color, or national origin. used to make a determination of the eligi- provides elementary education or secondary SEC. ll06. AUTHORIZED PROJECTS; PRIORITY. bility of an eligible child for participation in education (through grade 12), as determined (a) AUTHORIZED PROJECTS.—The Secretary the demonstration project, which shall in- clude— under State law; and may award a grant under this title only for (i) the procedures used to determine eligi- (8) the term ‘‘Secretary’’ means the Sec- a demonstration project that— bility for free or reduced price lunches under retary of Education. (1) involves at least one local educational agency that— the National School Lunch Act (42 U.S.C. SEC. ll04. AUTHORIZATION OF APPROPRIA- (A) receives funds under section 1124A of 1751 et seq.); or TIONS. the Elementary and Secondary Education (ii) any other procedure, subject to the There are authorized to be appropriated Act of 1965 (20 U.S.C. 6334); and Secretary’s approval, that accurately estab- $600,000,000 for fiscal year 1996 and such sums (B) is among the 20 percent of local edu- lishes the eligibility of an eligible child for as may be necessary for each of the fiscal cational agencies receiving funds under sec- such participation; years 1997, 1998, 1999, and 2000 to carry out tion 1124A of such Act (20 U.S.C. 6334) in the (B) a description of the procedures to be this title. State that have the highest number of chil- used to ensure that, in selecting eligible SEC. ll05. PROGRAM AUTHORIZED. dren described in section 1124(c) of such Act children to participate in the demonstration (a) RESERVATION.—From the amount ap- (20 U.S.C. 6333(c)); and project, the eligible entity will— propriated pursuant to the authority of sec- (2) includes the involvement of a sufficient (i) apply the same criteria to both public tion ll04 in any fiscal year, the Secretary number of public and private choice schools, and private school eligible children; and shall reserve and make available to the in the judgment of the Secretary, to allow (ii) give priority to eligible children from Comptroller General of the United States 2 for a valid demonstration project. the lowest income families; percent for evaluation of the demonstration (b) PRIORITY.—In awarding grants under (C) a description of the procedures to be projects assisted under this title in accord- this title, the Secretary shall give priority used to ensure maximum choice of schools ance with section ll11. to demonstration projects— for participating eligible children, including (b) GRANTS.— (1) in which choice schools offer an enroll- procedures to be used when— (1) IN GENERAL.—From the amount appro- ment opportunity to the broadest range of (i) the number of parents provided edu- priated pursuant to the authority of section eligible children; cation certificates under this title who de- ll04 and not reserved under subsection (a) (2) that involve diverse types of choice sire to enroll their eligible children in a par- for any fiscal year, the Secretary shall award schools; and ticular choice school exceeds the number of grants to eligible entities to enable such en- (3) that will contribute to the geographic eligible children that the choice school will tities to carry out at least 100 demonstration diversity of demonstration projects assisted accept; and projects under which low-income parents re- under this title, including awarding grants (ii) grant funds and funds from local ceive education certificates for the costs of for demonstration projects in States that are sources are insufficient to support the total enrolling their eligible children in a choice primarily rural and awarding grants for dem- cost of choices made by parents with edu- school. onstration projects in States that are pri- cation certificates under this title; and (2) AMOUNT.—The Secretary shall award marily urban. (D) a description of the procedures to be grants under paragraph (1) for fiscal year SEC. ll07. APPLICATIONS. used to ensure compliance with section 1996 in amounts of $5,000,000 or less. (a) IN GENERAL.—Any eligible entity that ll09(a)(1), which may include— (3) CONTINUING ELIGIBILITY.—The Secretary wishes to receive a grant under this title (i) the direct provision of services by a shall continue a demonstration project under shall submit an application to the Secretary local educational agency; and this title by awarding a grant under para- at such time and in such manner as the Sec- (ii) arrangements made by a local edu- graph (1) to an eligible entity that received retary may prescribe. cational agency with other service providers; such a grant for a fiscal year preceding the (b) CONTENTS.—Each application described (4) with respect to the operation of the fiscal year for which the determination is in subsection (a) shall contain— demonstration project— made, if the Secretary determines that such (1) information demonstrating the eligi- (A) a description of the geographic area to eligible entity was in compliance with this bility of the eligible entity for participation be served; title for such preceding fiscal year. in the demonstration project; (B) a timetable for carrying out the dem- (c) USE OF GRANTS.—Grants awarded under (2) with respect to choice schools— onstration project; subsection (b) shall be used to pay the costs (A) a description of the standards used by (C) a description of the procedures to be of— the eligible entity to determine which public used for the issuance and redemption of edu- (1) providing education certificates to low- and private schools are within a reasonable cation certificates under this title; income parents to enable such parents to pay commuting distance of eligible children and (D) a description of the procedures by the tuition, the fees, the allowable costs of present a reasonable commuting cost for which a choice school will make a pro rata transportation, if any, and the costs of com- such eligible children; refund of the education certificate under this

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14426 CONGRESSIONAL RECORD — SENATE September 27, 1995 title for any participating eligible child who be adjusted in any fiscal year to comply with riculum, program of instruction, or per- withdraws from the school for any reason, section ll09(a)(1). sonnel decisions of any educational institu- before completing 75 percent of the school (c) MAXIMUM AMOUNT.—Notwithstanding tion or school participating in a demonstra- attendance period for which the education any other provision of this section, the tion project assisted under this title. certificate was issued; amount of an eligible child’s education cer- SEC. ll10. PARENTAL NOTIFICATION. (E) a description of the procedures to be tificate shall not exceed the per pupil ex- Each eligible entity receiving a grant used to provide the parental notification de- penditure for elementary or secondary edu- under this title shall provide timely notice scribed in section ll10; cation, as appropriate, by the local edu- of the demonstration project to parents of el- (F) an assurance that the eligible entity cational agency in which the public school to igible children residing in the area to be will place all funds received under this title which the eligible child would normally be served by the demonstration project. At a into a separate account, and that no other assigned is located for the fiscal year pre- minimum, such notice shall— funds will be placed in such account; ceding the fiscal year for which the deter- (1) describe the demonstration project; (G) an assurance that the eligible entity mination is made. (2) describe the eligibility requirements for (d) INCOME.—An education certificate will provide the Secretary periodic reports participation in the demonstration project; under this title, and funds provided under on the status of such funds; (3) describe the information needed to the education certificate, shall not be treat- (H) an assurance that the eligible entity make a determination of eligibility for par- ed as income of the parents for purposes of will cooperate with the Comptroller General ticipation in the demonstration project for Federal tax laws or for determining eligi- of the United States and the evaluating an eligible child; bility for any other Federal program. agency in carrying out the evaluations de- (4) describe the selection procedures to be scribed in section ll11; and SEC. ll09. EFFECT ON OTHER PROGRAMS; USE used if the number of eligible children seek- (I) an assurance that the eligible entity OF SCHOOL LUNCH DATA; CON- STRUCTION PROVISIONS. ing to participate in the demonstration will— (a) EFFECT ON OTHER PROGRAMS.— project exceeds the number that can be ac- (i) maintain such records as the Secretary (1) IN GENERAL.—An eligible child partici- commodated in the demonstration project; may require; and pating in a demonstration project under this (5) provide information about each choice (ii) comply with reasonable requests from title, who, in the absence of such a dem- school participating in the demonstration the Secretary for information; and onstration project, would have received serv- project, including information about any ad- (5) such other assurances and information ices under part A of title I of the Elementary mission requirements or criteria for each as the Secretary may require. and Secondary Education Act of 1965 (20 choice school participating in the dem- SEC. ll08. EDUCATION CERTIFICATES. U.S.C. 6311 et seq.) shall be provided such onstration project; and (a) EDUCATION CERTIFICATES.— services. (6) include the schedule for parents to (1) AMOUNT.—The amount of an eligible (2) PART B OF THE INDIVIDUALS WITH DIS- apply for their eligible children to partici- child’s education certificate under this title ABILITIES EDUCATION ACT.—Nothing in this pate in the demonstration project. shall be determined by the eligible entity, title shall be construed to affect the require- SEC. ll11. EVALUATION. but shall be an amount that provides to the ments of part B of the Individuals with Dis- (a) ANNUAL EVALUATION.— recipient of the education certificate the abilities Education Act (20 U.S.C. 1411 et (1) CONTRACT.—The Comptroller General of maximum degree of choice in selecting the seq.). the United States shall enter into a con- choice school the eligible child will attend. (3) COUNTING OF ELIGIBLE CHILDREN.—Not- tract, with an evaluating agency that has (2) CONSIDERATIONS.— withstanding any other provision of law, any demonstrated experience in conducting eval- (A) IN GENERAL.—Subject to such regula- local educational agency participating in a uations, for the conduct of an ongoing rig- tions as the Secretary shall prescribe, in de- demonstration project under this title may orous evaluation of the demonstration termining the amount of an education cer- count eligible children who, in the absence of projects under this title. tificate under this title an eligible entity such a demonstration project, would attend (2) ANNUAL EVALUATION REQUIREMENT.—The shall consider— the schools of such agency, for purposes of contract described in paragraph (1) shall re- (i) the additional reasonable costs of trans- receiving funds under any program adminis- quire the evaluating agency entering into portation directly attributable to the eligi- tered by the Secretary. such contract to annually evaluate each ble child’s participation in the demonstra- (b) USE OF SCHOOL LUNCH DATA.—Notwith- demonstration project under this title in ac- tion project; and standing section 9 of the National School cordance with the evaluation criteria de- (ii) the cost of complying with section Lunch Act (42 U.S.C. 1751 et seq.), an eligible scribed in subsection (b). ll09(a)(1). entity receiving a grant under this title may (3) TRANSMISSION.—The contract described (B) SCHOOLS CHARGING TUITION.—If an eligi- use information collected for the purpose of in paragraph (1) shall require the evaluating ble child participating in a demonstration determining eligibility for free or reduced agency entering into such contract to trans- project under this title was attending a pub- price lunches to determine an eligible child’s mit to the Comptroller General of the United lic or private school that charged tuition for eligibility to participate in a demonstration States— the year preceding the first year of such par- project under this title and, if needed, to (A) the findings of each annual evaluation ticipation, then in determining the amount rank families by income, in accordance with under paragraph (1); and of an education certificate for such eligible section ll07(b)(3)(B)(ii). All such informa- (B) a copy of each report received pursuant child under this title the eligible entity shall tion shall otherwise remain confidential, and to section ll12(a) for the applicable year. consider— information pertaining to income may be (b) EVALUATION CRITERIA.—The Comp- (i) the tuition charged by such school for disclosed only to persons who need that in- troller General of the United States, in con- such eligible child in such preceding year; formation for the purposes of a demonstra- sultation with the Secretary, shall establish and tion project under this title. minimum criteria for evaluating the dem- (ii) the amount of the education certifi- (c) CONSTRUCTION PROVISIONS.— onstration projects under this title. Such cates under this title that are provided to (1) OTHER INSTITUTIONS.—Nothing in this criteria shall provide for— other eligible children. title shall be construed to supersede or mod- (1) a description of the implementation of (3) SPECIAL RULE.—An eligible entity may ify any provision of a State constitution or each demonstration project under this title provide an education certificate under this State law that prohibits the expenditure of and the demonstration project’s effects on title to the parent of an eligible child who public funds in or by religious or other pri- all participants, schools, and communities in chooses to attend a school that does not vate institutions, except that no provision of the demonstration project area, with par- charge tuition or fees, to pay the additional a State constitution or State law shall be ticular attention given to the effect of par- reasonable costs of transportation directly construed or applied to prohibit— ent participation in the life of the school and attributable to the eligible child’s participa- (A) any eligible entity receiving funds the level of parental satisfaction with the tion in the demonstration project or the cost under this title from using such funds to pay demonstration project; and of complying with section ll09(a)(1). the administrative costs of a demonstration (2) a comparison of the educational (b) ADJUSTMENT.—The amount of the edu- project under this title; or achievement of all students in the dem- cation certificate for a fiscal year may be ad- (B) the expenditure in or by religious or onstration project area, including a compari- justed in the second and third years of an eli- other private institutions of any Federal son of— gible child’s participation in a demonstra- funds provided under this title. (A) students receiving education certifi- tion project under this title to reflect any in- (2) DESEGREGATION PLANS.—Nothing in this cates under this title; and crease or decrease in the tuition, fees, or title shall be construed to interfere with any (B) students not receiving education cer- transportation costs directly attributable to desegregation plans that involve school at- tificates under this title. that eligible child’s continued attendance at tendance areas affected by this title. SEC. ll12. REPORTS. a choice school, but shall not be increased (3) PROHIBITION OF FEDERAL DIRECTOR, SU- (a) REPORT BY GRANT RECIPIENT.—Each eli- for this purpose by more than 10 percent of PERVISION OR CONTROL.—Nothing in this title gible entity receiving a grant under this title the amount of the education certificate for shall be construed to authorize the Secretary shall submit to the evaluating agency enter- the fiscal year preceding the fiscal year for or any employee, officer, or agency of the ing into the contract under section which the determination is made. The Department of Education to exercise any di- ll11(a)(1) an annual report regarding the amount of the education certificate may also rection, supervision, or control over the cur- demonstration project under this title. Each

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14427 such report shall be submitted at such time, COMMITTEE ON ENVIRONMENT AND PUBLIC far short of this equation, spending 75 in such manner, and accompanied by such in- WORKS percent of its funding on punishment formation, as such evaluating agency may Mr. DOLE. Mr. President, I ask unan- and a mere 25 percent for prevention require. imous consent that the full Committee (b) REPORTS BY COMPTROLLER GENERAL.— programs. This appropriations bill on Environment and Public Works be (1) ANNUAL REPORTS.—The Comptroller would further the imbalance by deny- General of the United States shall report an- granted permission to conduct a nomi- ing any funds for the crime bill’s pre- nually to the Congress on the findings of the nation hearing to receive testimony vention programs. annual evaluation under section ll11(a)(2) from Kathleen A. McGinty to be a Mr. President, I ask that a Chicago of each demonstration project under this member of the Council on Environ- Sun-Times article on the Justice De- title. Each such report shall contain a copy mental Quality, Wednesday, September partment survey be included in the of— 27, at 9:30 a.m., Hearing Room (SD–406). RECORD at this point. (A) the annual evaluation under section The PRESIDING OFFICER. Without ll11(a)(2) of each demonstration project The article follows: under this title; and objection, it is so ordered. [From the Chicago Sun-Times, Aug. 28, 1995] (B) each report received under subsection COMMITTEE ON LABOR AND HUMAN RESOURCES PRISON, PROBATION ROLLS SOARING: TOTAL (a) for the applicable year. Mr. DOLE. Mr. President, I ask unan- HITS 5.1 MILLION, 2.7 PERCENT OF ALL ADULTS (2) FINAL REPORT.—The Comptroller Gen- imous consent that the Committee on (By Alan C. Miller) eral shall submit a final report to the Con- Labor and Human Resources be author- WASHINGTON.—A record 5.1 million Ameri- gress within 9 months after the conclusion of ized to meet for an executive session, cans—2.7 percent of the nation’s adult popu- the demonstration projects under this title during the session of the Senate on lation—were behind bars, on probation or on that summarizes the findings of the annual parole last year, the Justice Department re- evaluations conducted pursuant to section Wednesday, September 27, 1995, at 9:30 ported Sunday. ll11(a)(2). a.m. Since 1980, state and federal prison popu- ll The PRESIDING OFFICER. Without SEC. 13. REPEAL. lations have increased by 213 percent, and (a) AMENDMENT.—The Goals 2000: Educate objection, it is so ordered. probation rolls have jumped by 165 percent. America Act (20 U.S.C. 5801 et seq.) is re- SELECT COMMITTEE ON INTELLIGENCE The average annual rate of growth has been pealed. Mr. DOLE. Mr. President, I ask unan- 7.6 percent; the figure for 1994 was 3.9 per- (b) RECOMMENDED LEGISLATION.— imous consent that the Senate Select cent. (1) IN GENERAL.—The Secretary of Edu- cation, in consultation with the appropriate Committee on Intelligence be author- Nearly 3 million people were on probation committees of the Congress, shall prepare ized to meet during the session of the as of last Dec. 31, a Bureau of Justice Statis- and submit to the Congress recommended Senate on September 27, 1995, at 2 p.m. tics study found. legislation containing technical and con- to hold a hearing on intelligence mat- Half of those on probation were found guilty of committing a felony; one in seven forming amendments to reflect the amend- ters. ment made by subsection (a). had been convicted of driving under the in- The PRESIDING OFFICER. Without fluence of alcohol. (2) SUBMISSION DATE.—Not later than 6 objection, it is so ordered. months after the date of enactment of this Another 690,000 people were on parole, or Act, the Secretary of Education shall submit f conditionally released under supervision, after serving a prison term. Parolees can be the recommended legislation referred to ADDITIONAL STATEMENTS under paragraph (1). returned to prison for violating a set of rules or committing another offense. All but 5 per- f cent had served time for felonies. PRISON, PROBATION ROLLS AUTHORITY FOR COMMITTEES TO The Justice Department survey found that SOARING MEET 82 percent of those on probation and parole ∑ Mr. SIMON. Mr. President, as we had maintained regular contact with a su- COMMITTEE ON AGRICULTURE, NUTRITION, AND move toward consideration of the Sen- pervising agency as required. Another 9 per- FORESTRY cent had failed to report or could not be lo- Mr. DOLE. Mr. President, I ask unan- ate Commerce, Justice, State appro- cated. The rest were not required to main- imous consent that the Committee on priations bill, which increases funding tain regular contact. Agriculture, Nutrition, and Forestry be for State prison construction by $250 Texas had the most people on probation allowed to meet during the session of million and allocates not one penny for and parole, 503,000—more than 3.8 percent of the Senate on Wednesday, September crime prevention programs, it is im- the state’s adults. California followed with portant to take time to examine our 370,000. 27, 1995, at 9 a.m., in SR–332, to mark Illinois had about 103,000 people on proba- up the committee’s budget reconcili- current policies and consider our direc- tion. tion and parole. ation instructions. Twelve states and the federal probation The PRESIDING OFFICER. Without The Justice Department recently re- system showed a decrease in the number of objection, it is so ordered. leased a survey of our Nation’s prisons, people on probation. The biggest decrease COMMITTEE ON BANKING, HOUSING, AND URBAN jails, parole, and probation services. was in South Dakota, down 6.2 percent, fol- AFFAIRS According to the report, a record 5.1 lowed by California, down 5.8 percent. Mr. DOLE. Mr. President, I ask unan- million Americans—2.7 percent of all The figures show that a higher percentage imous consent that the Committee on adults—were behind bars, on probation of men and white people are on probation than are in the prison system. Women make Banking, Housing, and Urban Affairs or on parole in 1994. Last year the Jus- tice Department reported that we up 21 percent of all probationers and only 6 be authorized to meet during the ses- percent of all prisoners. Blacks make up 32 sion of the Senate on Wednesday, Sep- passed the mark of having 1 million percent of those on probation and 50 percent tember 27, 1995, to conduct a markup of people in prison. That puts the United of the prison population. S. 650, the Economic Growth and Regu- States in the dubious position of hav- Half of those in prison have committed a latory Paperwork Reduction Act of ing the second highest incarceration violent crime; 80 percent have previous con- 1995. rate in the industrialized world. As our victions. The PRESIDING OFFICER. Without prison population has soared, our crime Prisons are running at 20 percent over ca- objection, it is so ordered. rate has been unaffected. Before we al- pacity, and thus more than 4 percent of those locate scarce resources on more pris- sentenced to prison terms are being held in COMMITTEE ON COMMERCE, SCIENCE, AND local jails despite considerable prison con- TRANSPORTATION ons, it makes sense to consider our al- struction, forcing the early release of some Mr. DOLE. Mr. President, I ask unan- ternatives and consult with experts. inmates, said Lawrence A. Greenfeld, a dep- imous consent that the Committee on Last December, I sponsored a survey uty director of the Bureau of Justice Statis- Commerce, Science, and Transpor- of wardens and inmates in eight States tics. tation be allowed to meet during the in an effort to inform this debate. Criminal justice experts said the sharp in- Wednesday, September 27, 1995, session Rather than an all-or-nothing distribu- creases reflect tougher sentencing on a range of the Senate for the purpose of con- tion of funds, when asked how they of crimes as well as a greater proportion of would spend an extra $10 million to drug arrests involving longer prison terms. ducting a hearing on S. 1239, the Air At the same time, they said the con- Traffic Management System Perform- fight crime in their communities, war- sequent pressure to ease congestion in ance Improvement Act of 1995. dens split the money evenly: 43 percent packed prisons and jails has led to expanded The PRESIDING OFFICER. Without on prevention and 57 percent on pun- use of alternatives to incarceration or early objection, it is so ordered. ishment. Even the 1994 crime bill fell release.

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14428 CONGRESSIONAL RECORD — SENATE September 27, 1995 Alfred A. Blumstein, a criminologist at the Violation of our commitment to the companies in my own State, such as Heinz School of Public Policy and Manage- treaty. IBM, our largest utility—Green Moun- ment at Carnegie Mellon University in Pitts- Greater use of CFC’s by developing tain Power, Jay Peak Ski area, and burgh, Pa., said he believes the criminal jus- countries. others. tice system ‘‘may be overextending itself’’ Faster depletion rates of the ozone. and that increased emphasis on such pro- Ask the Mobile Corp., who points out More negative health effects, such as in this article in Time magazine that grams as drug treatment and prevention skin cancer and cataracts. may be more effective in the long run than with the help of EPA Green Lights meting out harsher sentences. We must maintain our commitment they have reduced their lighting en- ‘‘Just by locking away more people, we do to protect the ozone layer. ergy costs by 49 percent. avert crimes, but at a cost,’’ Blumstein said. My colleagues may argue that funds Eliminating this program now would ‘‘We have no good estimates of how much for the Montreal protocol belong in the be unwise. This program reduces the State Department budget, not the EPA benefit we get for...the cost of $25,000 per need for regulation. Without Green person per year in prison or jail.’’∑ budget. As a member of the Foreign Lights we might need more regulation Operations Appropriations Sub- f to accomplish what is now being done committee, I am continuing to work to with a voluntary partnership. GREEN LIGHTS, MONTREAL ensure that the protocol has ade- PROTOCOL I believe one of the reasons this pro- quately funded the State Department gram is slated for elimination is that it ∑ Mr. JEFFORDS. Mr. President, the budget. However, I believe that funding is considered corporate welfare. Let me amendment I offered yesterday will re- for international programs is so lim- tell you why it is not. store the EPA Administrator’s ability ited, that offsetting the loss in this bill EPA does not give any grants or fi- to fulfill our obligations under the would be impossible. nancial assistance to Green Lights Since 1991, almost one-third of the Montreal Protocol. In addition, it will partners. money for the fund has come from authorize the EPA Administrator to All funds are spent for information EPA. We made the decision, in 1990, to fund the successful Green programs, in- dissemination and communication. require EPA to assist the State Depart- cluding the Green Lights Program and The resulting investment by partici- ment. Let me read from section 617b of Energy Star Buildings Programs. pants is more than 50 times the Federal the Clean Air Act Amendments of 1990, I need not go into detail on the im- investment. portance of the Montreal Protocol. which many of us here today voted for. Green Lights participants represent a Last year, the Congress appropriated Quote: wide range of entities, including 360 $119 million for these important pro- The Administrator, in consultation with schools, 193 hospitals, numerous the Secretary of State, shall support global grams—$101 million for the Green pro- churches, local governments, small grams and roughly $17 million for the participation in the Montreal protocol by providing technical and financial assistance businesses, and nonprofit groups. Montreal Protocol multilateral fund. to developing countries. Overcoming market barriers is valu- This amendment will allow the Admin- And at that time we authorized $30 able to many, but beyond the reach of istrator to spend up to $100 million on million to be spent for the fund. individual organizations. Many busi- these programs, a 13-percent cut from The phaseout of CFC’s is not just an nesses cannot afford to keep on hand last years levels. international political issue, it is a the technical expertise that EPA has Negotiated and signed by President technical, industrial, and environ- assembled to help business succeed in Reagan and expanded and implemented mental issue, on which EPA is re- reducing their energy costs in this by President Bush, the Montreal Pro- spected globally. Further, through its manner. tocol is working to reduce the produc- experience in the United States of rid- Green Lights is a successful public- tion and use of ozone-depleting sub- ding the country of ozone-depleting private partnership. It creates jobs and stances. President Reagan believed it substances, EPA has a good under- opportunities for sound energy use and was vital that we fulfill our commit- standing of the benefits of U.S. tech- savings, while at the same time pre- ments under this important treaty. nologies, and has been able to promote venting pollution. This is a model, non- President Bush took a leadership posi- those technologies in other countries. regulatory program. tion and urged the rest of the world to This is no time to end this progress. Mr. President, I urge my colleagues agree to a complete phase out of a Let me spend a minute on the Green to seriously consider the consequences number of ozone depleting substances. Lights Program. I remember President of ending these two vital programs. My President Bush also concluded the ne- Bush searching for alternatives to the amendment does not increase spending, gotiations, begun by President Reagan, overregulation, command and control nor does it cut from other areas of the to establish the multilateral fund. policies of the 1970’s and 1980’s. He bill. The amendment simply requests Now, let me explain the fund, because longed to find a way to control pollu- that the EPA Administrator be allowed this is what we are debating today. The tion in a nonregulatory, free-market to spend, within available funds, multilateral fund was created in 1990 in manner. His legacy to the environment enough funds to keep these important order to assist developing countries in is his success in developing just such a programs up and running.∑ their efforts to phaseout ozone program. f depleters. Since the development of the The Green Lights Program, and En- TRIBUTE TO ABRAHAM SACKS fund, 100 developing countries have ergy Star Programs, are a testament to ratified the protocol and agreed to the the type of innovative programs we ∑ Mr. LEVIN. Mr. President, I rise protocol’s strict reduction require- must implement if we wish to reduce today to pay tribute to a great citizen ments. They did this with the under- the regulatory burden faced by indus- of the State of Michigan, Abraham standing that the fund would assist try today. The programs are voluntary, Sacks. On October 7, 1995, 50 years to these developing countries in transfer- reduce energy use, decrease our de- the month when 1st Lt. Abraham Sacks ring the technology necessary to end pendence on foreign energy, save busi- returned to the United States from Eu- this use of ozone-depleting substances. ness money, and stimulate markets for rope, civilian Abraham ‘‘Abe’’ Sacks Most of this technology comes from clean, alternative energy technologies will receive his World War II medals. the United States. and services. Fifty years—for some people that is a Failure to pay our share of the fund Green Lights is simple. EPA provides lifetime; in many families that is two would force developing countries to end technical assistance to help a company generations. For Abe Sacks, it has not their protocol obligations. This would survey its facilities and upgrade its even been something to think about. lead to increased use of ozone-depleting lighting. That’s it. Since its inception, Abe served five years in the U.S. substances in developing countries and Green Lights has saved companies hun- Army from 1941 until his discharge in offset the tens of billions of dollars dreds of millions of dollars and dra- January 1946. And since then, he has spent by the developed countries to matically reduced air pollution emis- not had the time to think about the phase them out. sions. All this without one regulation. medals he never received. Abe and his Let me summarize. This is the most successful public- wife Bea have been too busy living No money to the fund. private partnership running. Just ask their lives. They settled into their new

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14429 home in Huntington Woods, MI. They responsibility within the Department same data and information it has in were blessed with two children, and of Veterans Affairs. In 1976, he became the past. Only now, rather than pub- have since watched their children grow a hospital administration specialist lishing its reports in printed form, the and start families of their own. They and soon thereafter was transferred to Census is circulating statistics on the have become involved in their commu- the Veterans Affairs central office and Internet. nity by volunteering at their local syn- served as the executive assistant to the Lately there has been a great deal of agogue and for political campaigns. Al- Associate Chief Medical Director for attention surrounding the Internet and though they have now retired, they Operations. the information superhighway. have continued to volunteer at the syn- Tom Ayres received an appointment I have to confess that my knowledge agogue and with SCORE. Has Abe had to the position of Medical Center Di- of the Internet is limited. Although, I time to think about medals he earned rector of the Veterans Administration do understand that a large and varied but never received? That was not Abe’s Hospital in Salisbury, NC in 1981. Nine amount of information may be style and still is not. years later, he became the Director of accessed by using the system. Several months ago when Bea discov- the two-division Veterans Administra- I join Mr. Samuelson in his concern ered some papers in Abe’s Army chest tion Medical Center in Augusta, GA. that those who do not have access to showing that he never received his He also serves as the Associate Admin- the Internet, or choose not to use the medals, she took it upon herself to cor- istrator for Veterans Affairs at the information superhighway, will not rect this oversight. She contacted the Medical College of Georgia and as a have the same access to the vital sta- powers that be, and on October 7, 1995, member of the Medical College of Geor- tistics published by the Census Bureau at a gathering of family, friends, and gia’s Clinical Enterprise Executive that they have had in the past. other veterans, 1st Lt. Abraham Sacks Committee. While I do not dispute the benefits will receive the medals he earned fight- Throughout his long and distin- that accompany the Internet and other ing for his country in World War II. guished career in providing health similar technological advances—espe- Abe will be the recipient of the Euro- services for U.S. veterans throughout cially in the field of education—I am pean-African-Middle Eastern Medal our great Nation, Tom Ayres has re- concerned that we might overlook the with Silver Star, the African Campaign ceived numerous awards based on the usefulness and practicality of printed Medal, the American Defense Service exemplary performance of his duties. materials in the name of progress. Medal, the World War II Victory Medal, His awards include the National Having access to a wide range of in- the Army of Occupation Medal with Daughters of American Veterans Com- formation at our fingertips is defi- Germany, and the Good Conduct mander Award, the Award for Valor nitely an advantage of the Internet. We Medal. On behalf of a country that is from the Secretary of Veterans Affairs, must be mindful, however, that there is grateful to the men and women of our three Superior Performance Awards, no substitute for the printed word. military forces, I want to congratulate and five consecutive Executive Per- Mr. President, I ask that Robert 1st Lt. and dear friend Abe Sacks. It is formance awards. In 1990, he received Samuelson’s column entitled ‘‘Out of never too late to honor someone of his the Presidential Rank Award from the Print’’ be printed in the RECORD at this caliber, goodness, and integrity. I know President of the United States. point. Abe will display these medals with the It is important to note that his com- The column follows: same pride he exhibited when he served passion and sense of civic responsi- [From the Washington Post] his country.∑ bility does not start and end with his OUT OF PRINT f job. Tom Ayres is an active participant (By Robert J. Samuelson) with the local United Way, Kiwanis My name is Robert, and I am a numbers TRIBUTE TO THOMAS L. AYRES ON Club, American Legion, Senior Execu- HIS RETIREMENT FROM THE DE- junkie. I compulsively scour the Statistical tive Association, and the American Abstract for intriguing indicators of our na- PARTMENT OF VETERANS AF- College of Hospital Administrators. In tional condition—the fact, for example, that FAIRS addition, he serves on the administra- state lotteries collect $25 billion annually. ∑ Mr. NUNN. Mr. President, I would tive board of Trinity on the Hill Naturally, I am also a big fan of the Census like for the Senate to recognize the re- Church and is a life member of the Dis- Bureau, which publishes the abstract and tirement of Thomas L. Ayres from the abled American Veterans and the Vet- conducts surveys on everything from our in- Department of Veterans Affairs after comes to our housing patterns. So it pains erans of Foreign Wars. me to report that Census is now committing more than 41 years of exemplary serv- Mr. President, I ask my colleagues to a colossal blunder. It is slowly going out of ice in providing health care to the join me in thanking Thomas L. Ayres print. Literally. armed service members and veterans of for his outstanding career spent in The Statistical Abstract momentarily our nation. On September 30, 1995, Mr. service to our Nation’s veterans. He is seems safe, but scores of other printed re- Ayres will retire from his position as a model citizen in every sense of the ports are simply being eliminated. In 1992 the Director of the Department of Vet- term. We wish him, his wife Christa, Census issued 1,035 reports; last year the erans Affairs Medical Center in Au- and their children and grandchildren number was 635, and the retreat from print has only begun. Gone are, among others: gusta, GA. Godspeed and every success for the fu- Tom Ayres began providing health ‘‘Earnings by Occupation and Education,’’ ture.∑ ‘‘Poverty Areas in the United States’’ and care during his service with the United f ‘‘Language Use in the United States.’’ This States Army from 1955 until 1959 at the is absurd. We go to great trouble to collect 279th Station Hospital in Berlin. After OUT OF PRINT this information, and now Census is sup- his service in the Army, he started his ∑ Mr. SIMON. Mr. President, recently, pressing it. career with the Veterans Administra- Bob Samuelson had a column in the The losers are not just statistics addicts. tion by becoming a nursing assistant Washington Post on the scarcity of Our public conversations depend heavily on at the Veterans Administration Hos- various Government statistics in print- these dry numbers. The shape our concept of who we are, of how society is performing and pital in Marion, Indiana. From 1962 ed form. of what government should or shouldn’t do. until 1969, Tom Ayres worked as a su- Mr. Samuelson wrote that some of Political speeches routinely spit out statis- pervisory recreation specialist at the the reports published by the Census tics that can be made to tell stories: some Veterans Hospital in Brecksville, OH. Bureau are going out of print. He cited true, some not so true. Keeping the con- From 1969 until 1972, he served as a vol- the fact that the Census Bureau issued versations honest requires that the basic untary services officer at Veterans Ad- only 635 printed reports in 1994 as op- data be easily accessible to anyone who ministration Hospitals in both Madi- posed to over 1,000 the Bureau printed wants them. son, WI and Gainesville, FL. In 1972, in 1992. When I say Census is ‘‘suppressing,’’ I don’t His concern over the scarcity of mean that it’s deliberately hiding its sur- Tom Ayres became a medical adminis- veys. As a reporter, I’ve asked Census for in- tration assistant at the Veterans Hos- printed statistics led him to contact formation hundreds of times; I can’t recall pital in Madison, WI. the Census Bureau. Mr. Samuelson an instance when answers, when available, Since 1972, Tom Ayres has earned ap- learned that the Census Bureau is still weren’t provided quickly. The culture of the pointments to positions of increased researching and compiling all of the place is to release information. By its lights,

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S14430 CONGRESSIONAL RECORD — SENATE September 27, 1995 Census isn’t abandoning print so much as it’s them,’’ says Richard Rockwell, director of starting lineup, we will see him sitting shifting its data to the Information Super- the Inter-University Consortium for Polit- in the dugout, chewing his bubblegum highway. Statistics are being distributed by ical and Social Research. ‘‘The book is a or his sunflower seeds, and his eyes will CD-ROMs and the Internet. Already, Census highly advanced technology for preserving be darting around the field, and we will brags that its World Wide Web site is receiv- some kinds of information.’’ Exactly. ing 50,000 hits a day. Sounds amazing. Let’s not become too infatuated too soon see him walk to the pitcher’s mound in It isn’t. Those 50,000 daily hits are a lot with the Information Superhighway. Census the late innings, with that familiar less breathtaking than they seem, even if the should be issuing its data in computer- skip to avoid stepping on the third base figure is accurate (and I have my doubts). In friendly ways, but not as a substitute for foul line. May, Interactive Age, a trade publication, printed reports. A jaunt on the Internet—pi- Maybe we will get to see one of those surveyed Internet sites. It reported that loted by my friend Steve—only affirmed my nose-to-nose arguments with the um- Pathfinder (the site for Time Warner publi- skepticism. Steve typed the Census Web ad- pire, and we will certainly look forward cations, such as Time and People) had about dress (http://www.census.gov), and up popped to hearing a post-game analysis, and in 686,000 daily hits, Playboy had about 675,000, the ‘‘home page’’ designating me as the and HotWired (the site for Wired magazine) 567,352nd visitor. Unless the count began 10 spite of that fractured English of his, had about 429,000. I mention these popular days earlier (and it didn’t), that was a lot we will get a first rate lesson in the sites because they belong to magazines. As fewer than 50,000 daily hits. I informed a way this great game of baseball works, yet, none is forsaking the printed page for Census official. He was mystified. After for more than anything else, Sparky is the glories of the Internet. checking, he said there were other ways of a baseball purist, a lover of the game There are good reasons for this. One is that accessing the Web site that didn’t raise the and totally loyal to the institution we the number of daily hits on a Web site exag- count. Hmm. Could be. But it also shows gerates how many people use it; the same call baseball. how, on the Information Superhighway, Detroit will miss Sparky Anderson, person may hit the same site repeatedly. An- we’re still navigating in the dark.∑ other reason is that the Internet hasn’t yet but we hope he will hang around the evolved into an effective platform for adver- f game long enough to break John tising. But the main reason is that, for many SPARKY ANDERSON McGraw’s record, and maybe even, purposes, the printed page is still superior to someday, overtake the record of the ∑ the computer screen. You can flip pages fast- Mr. LEVIN. Mr. President, ‘‘It was great Connie Mack.∑ er than you can search computer files. You the best of times. It was the worst of can read a magazine standing in a subway or times.’’ It was 1984, and the Detroit Ti- f lying in a hammock. gers won it all, from opening day in ORDERS FOR THURSDAY, Census’s shift from print clearly discrimi- April until the final game of the World SEPTEMBER 28, 1995 nates against people (including me) who don’t surf the Internet or use CD-ROMs. We Series in October, a perfect season, Mr. DOLE. Mr. President, I ask unan- remain the vast majority. American Demo- never out of first place, with Sparky at imous consent that when the Senate graphics magazine recently reported a num- the helm. It is 1995, a not so perfect completes its business today, it stand ber of surveys that tried to measure U.S. season; in fact, a bummer of a season, in recess until the hour of 9 a.m. on Internet use in 1994. The surveys put usage of with Sparky at the helm, getting a Thursday, September 28, 1995; that fol- the World Wide Web between 2 million and look at the new, young players, and lowing the prayer, the Journal of pro- 13.5 million people, which is at most about 5 most likely closing out the 1984 era. ceedings be approved to date, the time percent. The average income of Internet On Sunday, October 1, in Baltimore, households was $67,000, which is the richest for the two leaders be reserved for their fifth of Americans. But it’s not just com- the Orioles play the Tigers in the last use later in the day, and then the ma- puter clods or the unaffluent who will suffer. regular game of the season. But to me, jority leader be recognized as under the Carl Haub is a demographer at the Popu- what is most poignant is that I believe previous order. lation Reference Bureau in Washington. He’s we will be seeing Sparky Anderson in a The PRESIDING OFFICER. Without a big user of Census statistics and is com- Detroit Tigers uniform for the last objection, it is so ordered. fortable cruising in cyberspace. ‘‘It’s going time. And when he leaves the field that f to be a disaster for the average analyst,’’ he day, along with Alan Trammell and says. Downloading and printing data from PROGRAM the Internet can take hours. Getting a num- Lou Whitaker, the last of the 1984 Ti- ber from a CD-ROM is often a lot harder gers’ team will be gone. Mr. DOLE. Mr. President, I will just than getting it from a book. To Haub, Census Sparky Anderson is baseball. As a say for the information of all Senators, is transferring a lot of the cost—in time and kid, his dream was to be a player, but under the agreement that has just been money—of making statistical information from all early indications—he played obtained, I will make a motion to pro- useful to people like him. only 1 year in the majors—he was ceed to the Labor-HHS appropriations Martha Farnsworth Riche, director of the meant to be a manager. He studied the bill tomorrow morning. A rollcall vote Census Bureau, admits as much. ‘‘If someone else can do it, let’s shift it to the outside,’’ game constantly from boyhood to this will occur on the motion to proceed at she says. ‘‘We’ve had a hiring freeze since at day. When he sits in the dugout, you 10 a.m., and, in accordance with the least 1992, and those [printed] reports take can see those eyes darting around the unanimous consent agreement, a sec- an enormous amount of time from profes- field, taking in every movement of ev- ond vote will occur at 11 a.m. on the sionals.’’ They need to concentrate on doing eryone on the field and at the plate, in- motion if 60 votes are not obtained on surveys of ‘‘an economy and population that cessantly studying and instructing his the first vote. are changing dramatically. Our statistics players, both veterans and rookies. If 60 votes are not obtained on the have fallen behind.’’ Only Census can collect Sparky Anderson has a remarkable motion to proceed on the second vote, much of this data, she says. Let academics and analysts prepare reports. record as a manger. He is the third it is expected I will recess the Senate Up to a point, Riche has my sympathies. winningest manager in big league his- until later in the afternoon on Thurs- The Constitution created the census (Article tory—only Connie Mack and John day to enable the Finance Committee 1, Section 2), and social and economic sur- McGraw won more games. But he is the to meet to complete reconciliation in- veys are a basic function of modern govern- only manager to win a World Series in structions. ment. Some congressional proposals to cut each league, with the Cincinnati Reds The Senate is then expected to recon- the agency’s budget sharply are stupid be- and the Tigers, and he is the first to vene later to begin consideration of yond words. But that said, the new approach win 100 games in each league. He is, is misguided. The danger of over-relying on Commerce, State, Justice appropria- outsiders to organize and analyze basic data without question, headed for the Base- tions. Therefore, the Senate could be is that statistics may fall hostage to special ball Hall of Fame. asked to be in session late into the pleaders or incompetents. Printed Census re- Every indication is that Sparky will evening on Thursday in order to com- ports provide an easy way to check self-in- be leaving the Detroit Tigers and will plete the appropriations process prior terested or faulty claims. announce this shortly after the season to the end of the fiscal year. Print’s other great virtue is that it guaran- ends on October 1. But, I do not think I also will indicate that I think the tees a historic record. Computer technology Sparky will leave baseball. He will be House will take up the continuing reso- is changing so rapidly that data committed to one technology may no longer be easily in some baseball uniform next year. I lution tomorrow. I talked with Speaker accessible if that technology vanishes. ‘‘The am sure that we will turn on the tele- Gingrich this morning. He indicated CD–ROMs that we’re so excited about vision some day and see Sparky going earlier, at least I was informed, he had today—20 years from now, no one will use to home plate to hand the umpire the signed off on the continuing resolution,

VerDate Aug 31 2005 06:57 May 28, 2008 Jkt 041999 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S27SE5.REC S27SE5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 27, 1995 CONGRESSIONAL RECORD — SENATE S14431 and they will take that up tomorrow, DEPARTMENT OF AGRICULTURE COL. LARRY J. DODGEN, 000–00–0000, U.S. ARMY. COL. JOHN C. DOESBURG, 000–00–0000, U.S. ARMY. as I understand it, in the House. Then MICHAEL V. DUNN, OF IOWA, TO BE AN ASSISTANT SEC- COL. JAMES E. DONALD, 000–00–0000, U.S. ARMY. it will come to the Senate. RETARY OF AGRICULTURE, VICE EUGENE BRANSTOOL, COL. DAVID W. FOLEY, 000–00–0000, U.S. ARMY. RESIGNED. COL. HARRY D. GATANAS, 000–00–0000, U.S. ARMY. It is my hope we can dispose of that COMMODITY CREDIT CORPORATION COL. ROBERT A. HARDING, 000–00–0000, U.S. ARMY. without amendment and perhaps by COL. RODERICK J. ISLER, 000–00–0000, U.S. ARMY. MICHAEL V. DUNN, OF IOWA, TO BE A MEMBER OF THE COL. DENNIS K. JACKSON, 000–00–0000, U.S. ARMY. voice vote. BOARD OF DIRECTORS OF THE COMMODITY CREDIT COR- COL. ALAN D. JOHNSON, 000–00–0000, U.S. ARMY. PORATION, VICE EUGENE BRANSTOOL, RESIGNED. f COL. ANTHONY R. JONES, 000–00–0000, U.S. ARMY. IN THE ARMY COL. DANEIL L. LABIN, 000–00–0000, U.S. ARMY. COL. WILLIAM J. LENNOX, JR., 000–00–0000, U.S. ARMY. RECESS UNTIL 9 A.M. TOMORROW THE FOLLOWING-NAMED OFFICERS FOR PROMOTION IN COL. JAMES J. LOVELACE, JR., 000–00–0000, U.S. ARMY. THE REGULAR ARMY OF THE UNITED STATES TO THE Mr. DOLE. Mr. President, if there is GRADE INDICATED, UNDER TITLE 10, UNITED STATES COL. JERRY W. MCELWEE, 000–00–0000, U.S. ARMY. no further business to come before the CODE, SECTIONS 611(A) AND 624: COL. DAVID D. MCKIERNAN, 000–00–0000, U.S. ARMY. COL. CLAYTON E. MELTON, 000–00–0000, U.S. ARMY. Senate, I ask that the Senate stand in To be brigadier general COL. DANIEL L. MONTGOMERY, 000–00–0000, U.S. ARMY. recess under the previous order. COL. JOHN P. ABIZAID, 000–00–0000, U.S. ARMY. COL. WILLIE B. NANCE, JR., 000–00–0000, U.S. ARMY. There being no objection, the Senate, COL. JOSEPH W. ARBUCKLE, 000–00–0000, U.S. ARMY. COL. ROBERT W. NOONAN, JR., 000–00–0000, U.S. ARMY. COL. BARRY D. BATES, 000–00–0000, U.S. ARMY. COL. KENNETH L. PRIVRATSKY, 000–00–0000, U.S. ARMY. at 6:20 p.m., recessed until Thursday, COL. WILLIAM G. BOYKIN, 000–00–0000, U.S. ARMY. COL. HAWTHORNE L. PROCTOR, 000–00–0000, U.S. ARMY. September 28, 1995, at 9 a.m. COL. CHARLES M. BURKE, 000–00–0000, U.S. ARMY. COL. RALPH R. RIPLEY, 000–00–0000, U.S. ARMY. COL. CHARLES C. CAMPBELL, 000–00–0000, U.S. ARMY. COL. JOSEPH J. SIMMONS IV, 000–00–0000, U.S. ARMY. f COL. JAMES L. CAMPBELL, 000–00–0000, U.S. ARMY. COL. EARL M. SIMMS, 000–00–0000, U.S. ARMY. COL. JOSEPH R. CAPKA, 000–00–0000, U.S. ARMY. COL. ZANNIE O. SMITH, 000–00–0000, U.S. ARMY. NOMINATIONS COL. GEORGE W. CASEY, JR., 000–00–0000, U.S. ARMY. COL. ROBERT L. VANANTWERP, JR., 000–00–0000, U.S. ARMY. COL. JOHN T. CASEY, 000–00–0000, U.S. ARMY. COL. HANS A. VANWINKLE, 000–00–0000, U.S. ARMY. COL. DEAN W. CASH, 000–00–0000, U.S. ARMY. Executive nominations received by COL. ROBERT W. WAGNER, 000–00–0000, U.S. ARMY. COL. DENNIS D. CAVIN, 000–00–0000, U.S. ARMY. the Senate September 27, 1995: COL. ROBERT F. DEES, 000–00–0000, U.S. ARMY. COL. DANIEL R. ZANINI, 000–00–0000, U.S. ARMY.

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