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, TUESDAY, JULY 18, 1995 No. 116 House of Representatives

The House met at 9 a.m. and was that causes AIDS. The early clues that decisionmakers acted with an abun- called to order by the Speaker pro tem- there was a problem manifested them- dance of caution, seeking to engender pore [Mr. SHAW]. selves in the hemophilia community, quote ‘‘a minimum of criticism.’’ Un- f because people with hemophilia fre- quote. All of these observations led the quently use products made from blood IOM to recommend a series of changes DESIGNATION OF THE SPEAKER that is pooled from thousands of do- in the way the FDA regulates blood PRO TEMPORE nors. We now know that during the and blood products—and improvements The SPEAKER pro tempore laid be- early 1980’s, approximately one-half of in Public Health Service structure to fore the House the following commu- the Nation’s hemophiliacs—some 8,000 yield early and aggressive response to nication from the Speaker: people—became infected with the virus new threats to the blood supply. WASHINGTON, DC, that causes AIDS through the use of The IOM panel also proposes a no- July 18, 1995. contaminated blood-clotting products. fault compensation program prospec- I hereby designate the Honorable CLAY How did this happen? Why did the tively for future victims of adverse SHAW to act as Speaker pro tempore on this system that was established to safe- consequences from the use of blood and day. guard the supply of blood and blood blood products. But what about the NEWT GINGRICH, products fail to heed early warning 8,000 victims of the tragedy that has al- Speaker of the House of Representatives. signs and prove so slow to respond to a ready happened? Although this ques- f dangerous threat? How can we prevent tion was beyond its purview, the IOM MORNING BUSINESS such a tragedy from happening again? suggested that its prospective rec- More than 2 years ago, I joined with ommendation quote ‘‘Might serve to The SPEAKER pro tempore. Pursu- Senators GRAHAM of Florida and KEN- guide policymakers as they consider ant to the order of the House of May 12, NEDY of Massachusetts in asking HHS whether to implement a compensation 1995, the Chair will now recognize Secretary Donna Shalala to conduct a system for those infected in the 1980’s’’ Members from lists submitted by the review of the events surrounding this unquote. And so I ask my colleagues to majority and minority leaders for medical disaster. The results of that consider H.R. 1023, a bill I introduced morning hour debates. The Chair will intensive and objective review have in February that now has 110 biparti- alternate recognition between the par- come to us in the form of a report, pre- san cosponsors. The Ricky Ray Hemo- ties, with each party limited to not to sented last week by the National Acad- philia Relief Fund Act named for a vic- exceed 25 minutes, and each Member emy of Sciences’ Institute of Medi- tim from my old congressional district, except the majority and minority lead- cine—the IOM. The conclusions of this as it is known, establishes a compensa- ers limited to not to exceed 5 minutes. report are important—not just for tion program for the victims of hemo- f their candor in describing the quote philia-associated AIDS. It is based on ‘‘Failure of leadership and inadequate the premise that has now been sup- LEARNING THE LESSONS OF THE institutional decisionmaking proc- ported by the IOM report, that Govern- PAST esses’’ unquote to meet the challenge ment shares responsibility for what The SPEAKER pro tempore. Under a of a deadly new blood-borne disease— happened. It is also based on the under- previous order of the House, the gen- but also for their recommended standing that blood and blood products tleman from Florida [Mr. GOSS] is rec- changes to the system. are unique—as is the Federal respon- ognized for 5 minutes. In underscoring the Federal Govern- sibility for them. Mr. GOSS. Mr. Speaker, the famous ment’s shared responsibility for the We have a national blood policy, put admonition that those who cannot re- safety of the blood supply, the report in place in the mid-1970’s, that says we member the past are condemned to re- concludes that the FDA—which has have a commitment to a safe supply of peat it is often put another way: We regulatory authority over blood and blood and blood products. In fact, as must learn the lessons of the past to blood products—quote ‘‘Consistently part of our recognition that these are prevent making similar mistakes in chose the least aggressive option that unique resources deserving special con- the future. When it comes to the safety was justifiable.’’ On several occasions, sideration, we have placed the regula- of the Nation’s blood supply, this sim- the report found, the FDA quote ‘‘Did tion of blood and blood products under ple adage translates into a message of not adequately use its regulatory au- the aegis of two separate laws. Mr. life and death. We know that during thority and therefore missed opportu- Speaker, as we learn from the mistakes the early 1980’s blood and blood prod- nities to protect the public health.’’ of the past, let us be sure we stand up ucts became tainted with the virus Unquote. And it notes that to our obligations for them. I urge my

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H 7073 H 7074 CONGRESSIONAL RECORD — HOUSE July 18, 1995 colleagues to review H.R. 1023 and I Cunningham’s tears leave me cold. The grief in defoliants. They had no R & R and no hope that the Judiciary Committee we veterans share should be above partisan Medivacs. They lived in tunnels and caves, will soon hold hearings on this impor- politics. It is purer, more honorable and last- never going home and getting no letters for tant matter of fair play, as I have now ing. And it is personal. Tears and emotion in as many as 10 years. politics fuel partisan suspicions and revenge. Hien and I met a woman whose husband requested. We cannot undo the damage, Public emotion has turned Vietnam into a had been killed where I had fought. She but we can restore some faith and pro- haunting specter that has often sapped our never found his body. Most likely we bull- vide some relief to victims and their military will. Bosnia is our greatest failure dozed him into a mass grave. That’s what we loved ones. That would be a good way of collective security since Munich because did. We incinerated them, buried them alive, to go forward. we are afraid of repeating the mistakes of pushed them from helicopters. And they did Vietnam. But Nazi aggression had little to their best to kill us. That’s what happens in f do with the post-colonial war in Vietnam, a war. What should happen after a war is REMARKS TO THE PRESIDENT OF which in turn has little to do with Bosnia. what the woman said after we had talked THE UNITED STATES The Balkan tragedy does, however, have a long enough to realize her husband had been lot to do with Munich. Because our memo- killed by my platoon, possibly by me. ‘‘That The SPEAKER pro tempore. Under a ries are so faint and our emotions so vivid, was long ago,’’ she told me. ‘‘The war is over. previous order of the House, the gen- we persist in applying the lessons of the Life goes on.’’ tleman from Massachusetts [Mr. wrong wars. We must put Vietnam behind us. The Vietnamese have hundreds of thou- OLVER] is recognized for 5 minutes. The Vietnam veterans who support rec- sands of M.I.A.’s. Soldiers trying to find the Mr. OLVER. Mr. Speaker, I wish to ognition have impeccable credentials: Sen- bodies of their lost comrades is a constant address my remarks to the President of ator John McCain, Republican of Arizona, theme in Vietnamese novels and films. Their was a P.O.W.; Senator John Kerry, Democrat the United States today. families grieve no less than ours. They know of Massachusetts, won the Navy Cross; Sen- better than anyone the pain we feel. We Mr. President, you have taken some ator Bob Kerrey, Democrat of Nebraska, won should all search together for the answers truly courageous stands in foreign pol- the Medal of Honor and left part of a leg in that would help families on both sides finally icy. Your finest hour, I think, came Vietnam. Does their support for recognition end this. when you insisted that Haiti get its mean they are betraying their comrades who I loved the men I fought beside. I feel pride chance at democracy. You insisted that are still missing? in their courage and unselfishness. But the the military junta, which had over- That is the hardest question, because the time has come to say to all my buddies who thrown the first freely elected Presi- deep, uncompromising rule of the soldier is are missing, as we say to those names on the not to leave your comrades on the battle- dent in Haiti’s history, must leave. wall, rest in peace. You did your best. We field. But the fighting has been over for 20 miss you terribly. There was nothing to be gained politi- years. Our battlefields are rice paddles now, We fought to make Vietnam free and inde- cally. All the polls said not 3 percent of tilled by men and women not even born when pendent. Today it is independent. And if we Americans thought we should get in- the guns fell silent. There were more M.I.A.’s engage its leaders diplomatically with the volved in Haiti, and there was great in World War II than the total number of same will we showed against the Soviet risk to American lives. But you did it Americans killed in Vietnam. Thousands re- Union, it will become more free. To recog- because it was right. main unaccounted for after the Korean War. nize Vietnam is not to dishonor the memory And your courageous decision to rec- We should continue to try to account for ev- of our fallen or missing comrades. It is to ognize Vietnam, what a gutsy thing to eryone. But the time has come to do so in co- recognize the truth. The war is over. operation with our old enemies. Mr. Speaker, why is it so hard to do do, the right thing to do. But you will The reason why is in the mirror. Look at be vilified to your dying day by those us. Our hair is gray, what little there is. the right thing in Bosnia? Granted, you who want to prolong the agony of the Some of us are grandfathers now. Many of us inherited the disastrous American posi- division which the Vietnam war caused went to war 30 years ago. Thirty years! tion and policy in Bosnia’s version of in America. Never mind that 25 years That’s the time between the start of World the Holocaust from George Bush after have passed. Never mind that the War I and the end of World War II. In those 20 months of inaction by the European MIA’s from World War II numbered earlier 30 years, more than 100 million people Community, the United Nations, NATO died. Millions perished in death camps. Mil- more than all the dead in Vietnam, yet and the United States about the most lions more died and were never found. Tens vicious war in Europe in 50 years. Germany and Japan were our closest of millions were homeless. The maps of Eu- allies 25 years after the Second World rope and Asia were redrawn. Whole countries Granted that the pattern of the United War. Never mind that very prominent, disappeared. Nations issuing resolutions, which it decorated heroes of that war confirm In comparison, Vietnam is a footnote. Yet turned out it had no intention of en- your decision is the right one. we can’t get beyond it—supposedly because forcing and which has led to the total ‘‘The War Is Over. Life Goes On.’’ we lost. But our countryside wasn’t ripped and abject humiliation and discredit of That is the title of a poignant column with bombs, our forests defoliated, our cities the United Nations, had already been pulverized, our people herded into camps. We set. Granted that the moral and strate- by William Broyles, Jr., in the New had casualties, but we did not have millions York Times on Sunday, July 16. Mr. of refugees and more than a million dead. We gic error of the arms embargo placed Speaker, I will place the text of that weren’t thrown into the sea as the British on only one side in the conflict, placed column in the RECORD, which is about were at Dunkirk. on the elected government of Bosnia, a Vietnam, but also about Bosnia. I never felt defeated. I just felt wasted. I sovereign nation, a member of the [From the New York Times, July 16, 1995] would have fought in World War II. I would United Nations, had already been fight today in Bosnia. But where I fought ‘‘THE WAR IS OVER. LIFE GOES ON’’ made. was in Vietnam. You had a reasonable, credible pro- (By William Broyles, Jr.) And by now the only true response by a Representative Randy Cunningham burst soldier should be this: tough. As we said in posal: Lift and strike. Remember lift into tears last week at a Congressional hear- Vietnam, it don’t mean nothing. Which and strike? It would be a vast improve- ing on the recognition of Vietnam. Mr. meant, it means everything, but what can ment today over the unconscionable Cunningham, a California Republican who you do? In war people die. Sometimes the cowardice of the Western democracies had been shot down as a Navy pilot in Viet- best people die. We want there to be a rea- toward Bosnia. However the United Na- nam, was so overcome with emotion describ- son. Sometimes there is, sometimes there tions, the European Community, and ing the deaths of his comrades that he could isn’t. War is messy and unfair. That’s why it the United States twist and squirm, not go on. When he recovered, he charged needs a clear purpose. There was no clear the fact remains that Slobodan that President Clinton was morally wrong to purpose in Vietnam. There is one in Bosnia. recognize the former enemy. Ten years ago, I visited the site of the base Milosevic, the last Communist dictator Any one of us who fought in Vietnam where I had been a Marine lieutenant, just in Europe, has orchestrated the de- knows the emotions Randy Cunningham west of Da Nang. I went with a man named struction of the most evenly must have felt: the deep grief and anger, the Hien, who had been a company commander multireligious, multiethnic, sense of loss, the pride, the whole confusing in the Vietcong. We had fought each other up multicultural state in Europe, using mess. I have wept, been to the wall on the and down the rice paddies, mountains and in the most vicious and unspeakable tac- Capitol Mall, traced the names of the fallen, the jungles. Almost all his comrades were tics since the Holocaust. sought out my old comrades, worked with dead or missing. troubled vets, helped build memorials and It was hard not to respect our enemies. The Serbs have shown that no tactic led parades. They had been bombed by B–52’s, bombarded is beneath them. Ethnic cleansing, con- I feel for the families of the 2,000 or so with shells hurled by battleships, incinerated centration camps, destruction of hun- Americans still unaccounted for. But Randy by napalm and white phosphorous, drenched dreds of mosques and Roman Catholic July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7075 churches, starvation of populations of Most of us know that OSHA is not OSHA would still enforce the law, both Srebrenica, Zepa, Gorazde, and Sara- the primary reason that most employ- for serious and nonserious hazards. jevo, deliberate bombardment of fu- ers are concerned with employee safe- Why establish this right to fix neral processions, children in play- ty. There is overwhelming evidence nonserious violations? First, it is fairer grounds, women waiting in water lines, that—even if we ignore the humani- to employers, most of whom cannot mass deliberate use of rape, slaughter tarian concerns that motivate most possibly know or consistently follow of whole families and whole villages, people—workers compensation and all of the details of OSHA regulations from the youngest baby to the aged. other medical and human resource and interpretations of those regula- Why is it so hard to do the right costs related to employee injuries are tions. Yet OSHA routinely fines em- thing in Bosnia? Is there no end to the far more compelling reasons for em- ployers thousands of dollars when they cowardice of the West, no end to the ployers to provide safe workplaces. are found to be in noncompliance, even stupidity of an arms embargo on only OSHA’s role is, at best, a helpful com- when there is no apparent threat to one side in a conflict? Is there no end plement and sometimes necessary workers’ safety. Second, allowing em- to the stupidity of never enforcing res- backup to these factors. But more ployers the right to fix nonserious vio- olutions for safe havens, for no-fly- often OSHA has become simply a reve- lations will help OSHA focus its en- zones, for heavy weapon exclusion nue collector for the Federal Govern- forcement resources more effectively. zones, and no end to the cowardice of ment, finding nitpicking violations of Most often employers will simply make backing down again and again and the thousands of pages of OSHA re- the correction and no citation will be again, sending the clear signal to quirements, without regard to whether issued. Today, OSHA automatically is- Milosevic and the Serb rebels that they any workers are actually being harmed sues a citation, which the inspector may continue the slaughter and the by unnecessary risks. That’s why our must carefully document in case the rape and the starvation and the ethnic OSHA reform bill is necessary. citation is challenged. The emphasis, cleansing without fear of reprisal? The distortions being made are not both in inspectors’ time and attention, Why is it acceptable for United Na- only of OSHA’s role, but of the provi- becomes documenting violations, rath- tions commanders to drink with Ser- sions of H.R. 1834. I hope that the fol- er than improving safety and health. bian war criminals? Why is it accept- lowing responses to three of the distor- In fact, the Clinton administration is able for the Serbs to drag the elected tions are helpful to my colleagues in now claiming that they want to give vice president of Bosnia from a United understanding what H.R. 1834 really employers the same right to fix OSHA Nations vehicle and execute him on the provides. violations, but their proposal is spot? Why is it acceptable to overrun Myth No. 1: H.R. 1834 means turning weighed down with more regulatory Srebrenica and other safe havens, drive our back on the tragedy at Hamlet. conditions and left to inspector discre- out thousands of women and children Fact: No one from North Carolina, as tion. Legislation is necessary because with nothing but what they can carry, I am, will ever forget the tragedy at OSHA has too often focused on collect- raping the women as they flee and Hamlet. The deaths of 26 workers at a ing penalties rather than on safety and bombarding the columns of refugees as chicken processing plant in Hamlet, NC health. Myth No. 3: H.R. 1834 strips away they flee? Why is it acceptable for the in September 1991 were caused by the every working American’s right to se- Serbs to detain all the male Bosnians fact that workers could not get out of cure an OSHA inspection for serious between the age of 16 and 65? Will they the plant when a fire broke out because safety and health hazards and exposes ever be seen again? Not many of them of locked fire doors and unmarked fire workers to serious retaliation if they very likely. Why will you accept this exits. Several laws prohibiting such contacted the agency. utter barbarity, this humiliation of the locked doors were broken, and the Fact: H.R. 1834 provides that employees United Nations and of our closest al- owner of the plant eventually went to should first seek to correct health and safety lies, and ultimately the shame that in- jail. H.R. 1834 does not change the laws problems with their employers before filing action brings on all of the civilized or reduce the criminal penalties under complaints against the employer with the Fed- world? which the owner of the plant went to Will we really accept and do nothing eral Government. The bill does not take away jail. as Zepa, and then Gorazde, and then any employee's right to complain to OSHA. Biha, and finally Sarajevo are de- The question of Hamlet, however, H.R. 1834 also recognizes that employees stroyed and all the people of those was why did no one report the locked who do bring items to the employer's atten- cities are ethnically cleansed? doors, especially those Government tion, and, if necessary, complain to OSHA Mr. President, Americans have al- meat inspectors who regularly visited about the employer, should be protected by ways done the right thing when con- the plant? Under H.R. 1834, OSHA law against retaliation for doing so. The bill fronted with such evil. Mr. President, would be directed to establish pro- enhances the antidiscrimination provisions do the right thing in Bosnia. You will grams with other Federal agencies under the Occupational Safety and Health Act find it is not so hard. such as USDA and with State and local in several ways, most importantly by giving government inspection agencies, to f employees who believe they have been retali- check facilities specifically for fire ated against because they filed a safety or OSHA REFORM—MYTH AND code violations, and to report those, if health complaint, a private right of action with REALITY necessary, to OSHA. Had that simple make whole remedies if in fact retaliation did The SPEAKER pro tempore. Under a step been in place, the deaths of most take place. previous order of the House, the gen- if not all of the Imperial Food Products Finally, let me mention some of the statistics tleman from North Carolina [Mr. workers would have been avoided. which opponents of OSHA reform are using. BALLENGER] is recognized for 4 min- Myth No. 2: H.R. 1834 would prohibit First, the claim is made, in support of leaving utes. OSHA from enforcing the law for seri- OSHA the way it is, that since OSHA was cre- Mr. BALLENGER. Mr. Speaker, I ous safety and health hazards. ated the workplace fatality rate has dropped want to respond to the campaign of dis- Fact: H.R. 1834 provides that if an by more than 50 percent. Thankfully, the work- tortions already begun by opponents of employee is injured, killed, or placed in place fatality rate has dropped since 1970, but OSHA reform. imminent danger due to a violation of it has also decreased steadily since the mid- Since we introduced H.R. 1834, which an OSHA requirement, a citation and 1940's, and the rate of decrease has not really now has over 100 cosponsors, opponents penalty should be issued immediately changed since OSHA's creation. The de- of reforming OSHA have been saying by OSHA, just as under current law. In crease in the fatality rate, while something we that our legislation will result in more other cases, not involving such serious are grateful for, does not really argue for workers being killed and seriously in- hazards, the employer would have a pe- OSHA's continuation. jured. Such rhetoric pretends that all riod of time, set by OSHA, to correct Second, Secretary Reich has begun repeat- that stands between workers and seri- any alleged violations before a citation ing a figure of ``55,000 work-related deaths per ous injury or death is the strong arm of and penalty would be assessed. But in year.'' In fact, the Bureau of Labor Statistics OSHA. Simply put, that’s a false pic- no case would the employer have the reports that in 1993 there were 6,271 work-re- ture of what OSHA does. option not to come into compliance— lated fatalities. We spend lots of money on H 7076 CONGRESSIONAL RECORD — HOUSE July 18, 1995 BLS to collect these numbersÐand they are The comments we are hearing from turned on its head and converted into a the most accurate numbers available. The the leadership on the other side today requirement to grant preferences on Secretary's use of a figure nearly 10 times demonstrate clearly that the Repub- the basis of race and gender. There are what his Department reports hardly seems jus- licans in this Congress are indeed the now a multitude of Federal programs tified. direct ideological descendants of the that grant such preferential treatment. I believe that OSHA can be made both party that fought tooth and nail to pre- And it is to the future of these pref- more effective and more fairÐmore effective vent Social Security and Medicare erence programs, and not to affirma- in redefining OSHA's role, and more fair to the from ever becoming reality. tive action, that the President will be employers of this country who provide the jobs Just a week ago, one of the Repub- speaking. on which the economy depends. I urge my lican leaders stated ‘‘I deeply resent With regard to those programs, the colleagues to study the issues, to resist the the fact that when I’m 65 I must enroll issues really are quite simple, and they rhetoric of those who want to keep OSHA as in Medicare.’’ reduce to this: Should the Government it is, and to help us pass meaningful OSHA re- He went on to demean the program— divide its citizens into groups based on form in H.R. 1834. and the millions of seniors who have race and gender? And should some citi- f earned their Medicare benefits—by say- zens qualify for special Government ing that Medicare ‘‘teaches the lessons benefits based solely upon their mem- 30TH ANNIVERSARY OF MEDICARE of dependence,’’ and that it is ‘‘a pro- bership in a racial or gender group? The SPEAKER pro tempore. Under a gram that has no place in a free soci- And if so, how can this regime of pref- previous order of the House, the gen- ety.’’ erences be reconciled with the Con- tleman from New Jersey [Mr. PALLONE] Mr. Speaker, when the new leader- stitution’s fundamental guarantees of is recognized for 5 minutes. ship in Congress claims to have won a individual rights and equal opportunity Mr. PALLONE. Mr. Speaker, 30 years mandate in last fall’s elections, do they to all regardless of race or gender? ago this month, Congress enacted what actually believe that their supposed To put the issue in more concrete has become one of the two most suc- mandate includes the dismantling of terms, is it wise public policy for the cessful and popular Government pro- the Medicare Program? Federal Government to award con- grams ever conceived—the Medicare A mandate comes from the people, tracts to minority- or women-owned Program. The other, of course, is So- Mr. Speaker. And if the leadership of firms when other qualified firms have the Republican Party in Congress were cial Security. submitted lower bids? And is it a good interested in pursuing a true man- Given the indisputable success of idea for Federal agencies and officers date—if they truly had the interests of Medicare, you would think that even to make employment decisions every the people at heart—there would be no its most bitter critics from 30 years day with an eye toward meeting nu- discussion of pulling the rug out from ago would have to admit that the pro- merical hiring and promotion objec- under senior citizens by gutting Medi- gram has been instrumental in improv- tives based on race and gender? And is ing the lives of millions of American care. it just to require Federal contractors senior citizens. The vast majority of Americans— to grant preferences—to hire by the But the Republican leadership in seniors and nonseniors alike—oppose Congress is not interested in learning the Republicans’ views on Medicare. numbers—in order to keep their Fed- from their party’s past mistakes. Al- Rather than acting on a mandate, what eral contracts? These are the issues the President though they haven’t seen fit to reveal the Republican leadership is doing, in should address. I must confess, I can’t the details of their plan to the Amer- effect, is attempting to rewrite the imagine why it would take 5 months to ican people, it has become all too clear conclusion of the Medicare debate of answer these questions. Either you are that the Republicans want to rewrite 1965. in favor or preferences or you are not. the history of Medicare by gutting the What is the real agenda here, Mr. program and charging seniors more for Speaker? It sounds suspiciously like Either you think it’s acceptable to coverage. this generation of Republicans, under base hiring and contracting decisions In effect, the Republican leadership the cloak of concern of Medicare’s sol- upon race and gender or you do not. wants to take us back to the years be- vency, is simply trotting out the same These are straightforward questions of fore Medicare was enacted in 1965—a tired arguments that failed 30 years principle, and they really do not re- period when millions of American sen- ago. And we need to expose this for quire extended deliberation. ior citizens faced either the poor house what it is—an effort to destroy Medi- I am concerned, however, that even or premature death if they contracted care, which in the Republican view, is after the administration’s 5-month re- a serious illness. somehow un-American. view, we will be disappointed tomorrow It is a simple fact that before 1965, f to learn that the President still has millions of middle class senior citizens not come to grips with these fun- who found themselves seriously ill ADMINISTRATION’S REVIEW OF damental issues. Rather than tell us faced bankruptcy in order to pay for FEDERAL PREFERENCE PRO- where he really stands, I am con- care. Those who were already poor GRAMS cerned—and newspaper reports pre- faced even greater indignity and often The SPEAKER pro tempore. Under a viewing the speech seem to indicate— went without any health care at all. previous order of the House, the gen- that the administration has decided to According to the National Council of tleman from Florida [Mr. CANADY] is treat this important issue in a legal- Senior Citizens, prior to 1965 and the recognized for 5 minutes. istic and bureaucratic manner. enactment of Medicare, only 50 percent Mr. CANADY of Florida. Mr. Speak- So instead of learning how the Presi- of Americans over the age of 65 had er, tomorrow morning the President dent understands the nondiscrimina- health insurance. will give a major speech announcing tion principle, we are likely to hear Yet then, as now, the Republican the results of the administration’s 5- how the administration interprets the Party in Congress again and again ex- month long review of programs that Supreme Court’s recent decision in presses a sort of gut reaction against grant preferences on the basis of race Adarand versus Pena. And rather than Medicare. and gender. coming to terms with the glaring con- Thirty years ago, one Minnesota Con- Of course, the administration and the flict between racial and gender pref- gressman absurdly stated that Medi- media call it a review of affirmative erences and the American commitment care ‘‘puts the Nation dangerously action, but that is not really what the to individual rights, President Clinton close to socialized medicine.’’ review is about. As originally designed, will simply suggest that there are some One of his colleagues from Colorado affirmative action was about non- administrative imperfections in the ex- went so far as to say: ‘‘By passage of discrimination—it required parties to isting preference programs that need to this bill [Medicare], we shall make a take affirmative action to ensure that be fixed. shambles out of Social Security.’’ Of no person would be treated with regard And we will no doubt here the man- course, he didn’t mention that he prob- to race. datory disavowal of ‘‘quotas,’’ with the ably would have opposed the creation Over the past 25 years, however, this confident assertion that because of Social Security too. mandate of nondiscrimination has been ‘‘quotas are illegal, we don’t have to July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7077 worry about them.’’ But this alleged can we so thoughtless saddle children ber of Americans from something like distinction between quotas and other just out of kindergarten with more and 40 percent to better than 97 percent in forms of numerical preferences is truly more debt? It is immoral and we must the senior citizen category who have a semantic distinction without a dif- bring that to an end by balancing our health insurance available to them ference. The label, after all, is not the budget. now, something which was previously offending practice. What is offensive is Mr. Speaker, it is simply a matter of not available. Now, under Medicare, the practice of granting preferences on fact that Medicare will go bankrupt in Americans can be assured that that the basis of race and gender, and that 7 years. It is a documented fact in a re- health care system is going to meet practice is no less offensive when port put out by the Medicare trustees— their health care concerns. called by a name other than a quota. three of whom are members of the Clin- Is Medicare going to go bankrupt? I may be wrong about the President’s ton administration. The solvency of Yes, if something is not done. But not intentions. I hope that I am wrong. Medicare is not a partisan issue. Medi- until 2002. Nothing need be done to cut This issue and the principle it touches care is going bankrupt. The Repub- the benefits, but rather to assure addi- on are much too important to surren- licans have made a decision to fix Med- tional efficiencies. And what really der to lawyers and bureaucrats. If a so- icare. We will strengthen Medicare so needs to be addressed is to understand ciety without discrimination is really that it may survive well into the next that getting control of the overall our goal, then we need to engage in a century. We must act to save the sys- costs of health care is something which national dialog about how best to get tem now. Pretending that everything is has to be done in order to protect not there. That means getting back to the all right is simply fantasizing. only Medicare, but Medicaid, Blue original purpose of affirmative action Mr. Speaker, on this day many cen- Cross, and all of the other health care by continuing our efforts to reach out turies ago, Emperor Nero Played his programs, that are both public and pri- to all segments of the community—to fiddle while the great city of Rome vate inside this country. make everyone aware of opportunities. burned to the ground. It appears that It is only fair to say that my col- But it also means ceasing discrimina- all these centuries later, some of my leagues on the Republican side of the tion now. And that requires ending the colleagues on the other side have de- aisle are talking not about cutting Federal Government’s massive system cided to take up Emperor Nero’s man- Medicare to save the system, but, rath- of race and gender preferences. Presi- tle. Some of my colleagues want to er, they are talking about cutting Med- dent Clinton should embrace the prin- play games. Last week the other side icare in order to make possible a tax ciple of nondiscrimination and act to issued the proclamation that if the we, cut. dismantle the system of preferences—a the Republicans, don’t speed up the Medicare benefits are going to be cut, system which divides Americans and reconciliation process then they will according to the Republican budget, reinforces prejudice. slow the business of the House down. about $270 billion. However, a health f Yes, America—that’s right. If we don’t care cut of this magnitude is going to speed up; they will slow things down. be matched by a tax cut which will go SAVE MEDICARE FROM Mr. Speaker, let me be the first to mostly to the richest 10 percent of the BANKRUPTCY say that I will stay here morning, people in this country, and will cost The SPEAKER pro tempore. Under a noon, and night to balance our budget the government about $240 billion. previous order of the House, the gen- and to save Medicare from bankruptcy. A wiser approach would be to address tleman from Georgia [Mr. NORWOOD] is I will stay here through the weekends the underlying problems of our health recognized for 5 minutes. to balance our budget and to save Med- care system. A wiser approach would Mr. NORWOOD. Mr. Speaker, I come icare from bankruptcy. I will be here be to see to it that we address the con- to the floor this morning with the peo- until the cows come home—if that’s cerns of all in preserving Medicare, but ple back home in mind. For me, home what it takes to balance our budget to do so not to provide a tax cut to the is Augusta, GA, and the 10th District of and to save Medicare from bankruptcy. wealthy, but rather to address the sig- Georgia. I must tell you how wonderful The future of our Nation is at stake— nificant problems which exist in all it was for me to be home this past and I would urge my colleagues to rise health care costs and in payments for weekend. Spending time with the hard- above the political games others may all health care costs. working people of the 10th district want to play. The business we are You know, it is a matter of history serves to strengthen my resolve, that doing for America is too important to that the Republicans voted overwhelm- what we are doing here in the next few be sidetracked by those who would ingly against Medicare, and they op- months is what is right for America. rather fiddle. posed it time after time whenever the Mr. Speaker, I would ask the people f issue was before this body or was be- of America to consider the facts of our fore the House or before the Senate. situation. We are 5 trillion dollars in THE HISTORY OF MEDICARE AND They opposed it in committee as well debt. Fifteen cents of every dollar we ITS IMPORTANCE as on the floor of the two bodies. spend goes to interest on the debt. The The SPEAKER pro tempore. Under a Medicare is something which was en- problem of the debt continues to grow previous order of the House, the gen- acted because the Democrats forced it out of control. Consider this: On Feb- tleman from Michigan [Mr. DINGELL] is through. It is something which will be ruary the 6th, I came to the floor in recognized for 5 minutes. protected and preserved because the support of the line-item veto. In my re- Mr. DINGELL. Mr. Speaker, I rise to Democrats prevented the Republicans marks, I noted that the students in discuss the history of Medicare and to from eviscerating that program or Sallie Bullock’s calculus class at Madi- discuss the importance of that program from converting it into a private pro- son County High in Danielsville, GA, to the United States. I have heard a lot gram. There are significant attempts already collectively owe $310,760. I of people discuss how it is that Medi- going on now to privatize Medicare. noted that Mary Mills’ 5th grade class care is in trouble. Well, Medicare is one One of the remarkable things which at Oconee County Intermediate School of the best working and most efficient occurred in the early discussion was in Watkinsville, GA, already owes programs in the history of this coun- the comments of Republican Members $365,600. I noted that Martha Scroggs’ try. The cost of collecting money and who criticized Medicare, pointing out kindergarten class at Episcopal Day disbursing it is less than 11⁄2 percent. that it was socialized medicine, claim- School in Augusta already owes The problem of Medicare is that costs ing that it was going to threaten inde- $457,000. Since I gave that speech 5 of Medicare have, like all the costs of pendence and individual liberties of short months ago, Sallie Bullock’s stu- all other programs for paying for Americans who would derive benefits dents owe an additional $7,600; Mary health, been stressed almost beyond be- under that particular program. Mills’ students owe an additional lief by enormous increases which have Well, history has shown that Medi- $8,940; and Martha Scroggs’ students occurred in health care costs across care has been one of the great bless- owe an additional $11,175. this country. The problem of Medicare ings, not only to this country, but to Mr. Speaker, what did those children is not one that it is not serving people. senior citizens, not only to senior citi- do to earn that additional debt? How On the contrary, it has raised the num- zens, but to the younger Americans H 7078 CONGRESSIONAL RECORD — HOUSE July 18, 1995 who no longer have to choose between Yet in this time of the American peo- for last November. They voted for less providing for themselves, for their own ple’s call for less government intrusion government. They voted also, I might retirement, or the education of their in their lives, an ominous trend is de- say in conclusion, for honesty and in- children, and providing for the health veloping, and we have seen it develop tegrity. care desperately needed by American since the Oklahoma City bombing. As I close, Mr. Speaker, I just have to senior citizens. Now, the Oklahoma City bombing respond very briefly to what the gen- This has been one of the great and was an absolute tragedy. I do not think tleman from New Jersey said and the shining examples of success of Govern- anyone in this Chamber could have gentleman from Michigan. They talked ment action in the history of this looked at those pictures and not been about how much they cared about Med- country. It and Social Security are two absolutely horrified by what went on in icare. They said they cared abut Medi- of the most popular programs in the Oklahoma City and the lives that were care so much they were going to allow lexicon of Government programs, and lost. But the fact of the matter is this: it to go bankrupt in the year 2002. I they are supported by almost everyone. We do not prevent Oklahoma Cities in think I care about it a little more and Cuts in those programs would be re- the future by eviscerating our fourth the rest of the Members here do, too. garded by almost every American as amendment rights. There is a We are going to save Medicare. being something not only unwise, but counterterrorism bill that is coming to f dangerous from the standpoint of the the floor in the near future, and some well-being of our society, our economy Members have openly said that Ameri- THE 30TH ANNIVERSARY OF and of this country. cans are going to have to get used to MEDICARE Indeed, these programs have not only living with less freedoms for more safe- The SPEAKER pro tempore. Under a contributed to the well-being of Ameri- ty. previous order of the House, the gentle- cans and their health and peace of Well, that is very ironic when you woman from Connecticut [Mrs. KEN- mind, but they are also programs consider what Benjamin Franklin said NELLY] is recognized for 5 minutes. which have done much to make mean- over 200 years ago. It is almost as if he Mrs. KENNELLY. Mr. Speaker, at ingful the promise of America. anticipated an event like this and the the end of the month our Nation will I urge my colleagues and I urge my gut reaction that it would cause. Ben celebrate the 30th anniversary of Medi- fellow Americans to support the idea Franklin said those Americans who are care. This occasion should remind all that Medicare can be saved, not by dra- willing to give up freedoms for a little of us that nearly every single one of us conian cuts, but by wise changes in ad- bit of temporary safety deserve neither is touched by Medicare. If you are an ministration. Let us use the money we safety nor freedom. have in Medicare for protecting the That is something that we need to re- individual over 65, that is where you senior citizens and the people of this member as we rush quickly toward look to for your health care. If you are country, and not for tax cuts to the passing a bill that is going to increase under 65 you certainly think about wealthy. the Federal Government’s power to Medicare when you are planning for your retirement. f wiretap, to conduct warrantless searches, and to basically give the Fed- We also know that those who have AMERICANS WANT LESS GOVERN- eral Government more police power mothers and fathers alive or other rel- MENT AND LESS REGULATION than it has ever had. atives that they care about or are con- The SPEAKER pro tempore. Under a Let us take a couple of steps back cerned about, they know Medicare is previous order of the House, the gen- here and again listen to what the there for them. But most of all, this tleman from Florida [Mr. American people were saying last No- anniversary should make us all think SCARBOROUGH] is recognized for 5 min- vember. They were not saying we are about what Medicare has done for utes. electing Republicans because we like America’s older citizens across the Mr. SCARBOROUGH. Mr. Speaker, the name ‘‘Republican’’ in front of the board. you know, last November the American candidate. They voted in one of the Before Medicare, more than half of people delivered a mandate to this in- most historic congressional landslides all senior citizens did not have any stitution, a supposed mandate as we in recent history for the party they be- health care coverage. Many seniors heard from a previous speaker. The lieved was going to represent less gov- faced financial ruin when they had to fact of the matter is not a single Re- ernment intrusion in their personal go to the hospital for any length of publican Governor, Senator, or Con- lives. time, and all too often they were forced gressman was defeated in that election. I believe this is a step in the wrong to turn to others to help them, some- Why did Americans vote Republican? direction, and I believe you are going times threatening those that they It is because they wanted less govern- to see Republicans and Democrats turned to, their financial future. But ment. They wanted less regulation. alike coming together and doing what most of all, Medicare’s anniversary They wanted to get government, in the they can to make sure that the Amer- should inspire us to know that we have words of Ronald Reagan, off the peo- ican people’s will is heard; more impor- to make sure Medicare is there for all ple’s back. tantly, that our fourth amendment of us. That is what we are starting to do. rights and our constitutional rights are Eventually, what happened in the Now, it is going to be a long, hard, protected through this time. past was elderly people had nowhere to drawn out process, but, you know, a You know, anybody that speaks out turn. Today, 97 percent of all Ameri- year ago when I was campaigning, I against the Federal Government’s in- cans over the age of 65 have health care was talking about how the American volvement in Waco or Ruby Ridge or coverage; 97 percent. And while we hour was upon us, about how Ameri- some of these other incidents are con- must still work to address the problem cans had to decide once and for all sidered crazies, right wing fanatics. of long-term care, which is still very whether we were going to go back and But the fact of the matter is we are fi- much there, Medicare has saved seniors repeat the same mistakes that we have nally shining a little bit of light on from going untreated or bankrupt been making for the past 40 years, or what happened in Waco and Ruby when they needed to have health care. whether we are, instead, going to turn Ridge, and we have already seen that Before Medicare, 35 percent of Amer- back to those basic simple truths that the No. 2 man at the FBI has had to be ican senior citizens lived below the our Founding Fathers laid as the foun- demoted because the FBI messed up. At poverty line. I think some of us can re- dation of this great country. Ruby Ridge they shot an innocent member this, in part because a single James Madison said that we have woman and a man’s son, and they did trip of any length to the hospital de- staked the entire future of American so without proper reason. Then they stroyed somebody’s life earnings. civilization on the power of the indi- went back behind there and destroyed Today, 30 years after Medicare was vidual, not on the power of govern- documents to hide what they were signed into law, the number of elderly ment. Thomas Jefferson said that the doing. in poverty has declined to 12 percent. government that governs least governs Let me tell you something, that is Much of this has to do with the Medi- best. not what the American people voted care system. July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7079 Before Medicare, many of us can re- tion refuse the hand of justice to those whose power of destruction was well- member relatives, friends and neigh- who have given a lifetime of service, known, but whose long-range health bors that struggled to pay medical bills wisdom and labor to the progress of consequences was not. We must lift the in our retirement. I remember a family this progressive country. burden from the shoulders of dedicated down the street that was a mother and We have to remember those words be- soldiers like Jack DeMoulin and the father and a very young boy, and there cause what all of us want to be sure of other atomic veterans. was a grandmother and aunt that lived is that the Medicare system is there for The war has ended, but the atomic in the same house. The grandmother those people over 65. It has been there, veterans, for them the battle rages on. got sick. I well remember it, because it it has been a good program, it should Let us give them the help and support was the talk of the neighborhood. What remain there. Let us be very careful they so desperately need. I ask the were they going to do. They only had what we do. Senate to join the House in this legis- limited savings. Eventually what hap- f lation and ask the President to sign it pened was they lost their home. so that we can duly fulfill our obliga- So it is fitting that our Nation HONORING ATOMIC VETERANS tion to the atomic veterans. should remember and honor Medicare’s The SPEAKER pro tempore. Under a f past as we in Congress prepare to de- previous order of the House, the gen- termine Medicare’s future. It is impor- tleman from Wisconsin [Mr. ROTH] is RECESS tant that we remember what Medicare recognized for 5 minutes. The SPEAKER pro tempore. Pursu- means to every American as we bring Mr. ROTH. Mr. Speaker, this past ant to clause 12 of rule I, the Chair de- changes to the program. Sunday we commemorated the distin- clares the House in recess until 10 a.m. The budget recently passed by Con- guished service of an elite group of Accordingly (at 9 o’clock and 49 min- gress calls for cutting Medicare $270 Americans, very brave Americans. utes a.m.), the House stood in recess billion. This reduction will be three They were not the Green Berets or the until 10 a.m. times larger than any other cut or any Navy Seals. They are not remembered f other change in the Medicare system. for their service on the battlefield. Yet Thus far my concerns are twofold: they served in some of the most ex- AFTER RECESS First, how much of the $270 billion in treme of wartime conditions. The recess having expired, the House Medicare cuts could be averted if Con- I am talking about our atomic veter- was called to order by the Speaker at gress was not going to do the change of ans, those soldiers who were exposed to 10 a.m. $245 billion in tax changes in the IRS radiation during Government experi- Code? Second, are advocates being less ments after World War II, before the f than forthright when they say the plan full effects of the exposure of radiation PRAYER will save Medicare? were known. Everything I have heard to date sug- The Second World War has ended a The Chaplain, Rev. James David gests that we are talking about push- long 50 years ago. For many of the Ford, D.D., offered the following pray- ing the solvency date back a couple of other veterans, they were spared the er: years. This is very, very important. fatal shrapnel or the bayonet or the Our hearts are thrilled, O gracious But I think we should look at the rifle fire. But for the soldiers who were God, by the gift of renewal and refresh- whole situation. We know that there exposed to atomic weapons experi- ment in our lives, by a spirit that al- are Medicare changes that have to be ments, the battle continues. Today, lows us to put aside any tired ways to made. Let us make sure we do not have they fight against cancer and other dis- find new energy, that permits a new at- Medicare changes that do not have to eases that resulted from the nuclear titude to correct habits and develop be made because the money is going to exposure. meaningful and profound ways of serv- be used in another way. As we remember those who died 50 ice. While we admit it is easier to fol- Of course, we are still waiting for years ago when the atomic bombs were low old ways, we pray, O God, we will specific legislation that will implement dropped on Hiroshima and Nagasaki, be open to Your guidance and be honest these massive changes. Unfortunately, we also must take a moment to re- with ourselves and in harmony with it is becoming increasingly clear that member the veterans who were in- You, our creator and redeemer. we will not see a real proposal until volved in these nuclear testings of This is our earnest prayer. Amen. well into September, leaving us little weapons. It is clear as a bell that we f chance to truly consider the large over- have a special obligation to these fear- THE JOURNAL haul we should do in Medicare to make less men. sure it is protected into the future. The VA has cared for these veterans, The SPEAKER. The Chair has exam- While it took years to enact the Med- but their authority to do so expired on ined the Journal of the last day’s pro- icare system, and that history has been June 30. The VA continues to treat our ceedings and announces to the House written and rewritten, some now seem atomic veterans, with the understand- his approval thereof. to want to radically change the pro- ing that Congress will come through Pursuant to clause 1, rule I, the Jour- gram in a matter of weeks. It seems with legislation to extend their treat- nal stands approved. unwise at best to consider fundamental ment authority. The House has passed f changes in a program that provides the bill, H.R. 1565, to extend VA’s obli- health care for 37 million people, with gation to treat atomic veterans PLEDGE OF ALLEGIANCE little real opportunity to study and through 1997. On behalf of the atomic The SPEAKER. Will the gentleman look at what the changes that are veterans, I now urge the other body, from Illinois [Mr. LAHOOD] come for- being advanced will do. If proposed the Senate, to vote to extend the VA’s ward and lead the House in the Pledge changes to Medicare make sense, then obligation to treat these brave men of Allegiance. they can stand the scrutiny of Con- who need and deserve the best possible Mr. LAHOOD led the Pledge of Alle- gress and the American public. But the care available. giance as follows: American people do not want to have a This past Sunday we recognized I pledge allegiance to the Flag of the stealth system come in and not know atomic veterans on Atomic Veterans United States of America, and to the Repub- what is going to happen until it has Day. Veterans of northeast Wisconsin, lic for which it stands, one nation under God, happened. including people like Jack DeMoulin of indivisible, with liberty and justice for all. In keeping with the 30th anniversary De Pere, WI, who has worked so hard f of Medicare, let us remember President and selflessly on behalf of the atomic Johnson’s words 30 years ago when he veterans, they are the real heroes of MESSAGE FROM THE SENATE signed that Medicare bill and declared the cold war. A message from the Senate by Mr. no longer will older Americans be de- Mr. Speaker, we cannot forget our Lundregan, one of its clerks, an- nied the healing miracle of modern atomic veterans. They were the ulti- nounced that the Senate had passed medicine, and no longer will this Na- mate guinea pigs in a new technology bills and a concurrent resolution of the H 7080 CONGRESSIONAL RECORD — HOUSE July 18, 1995 following titles, in which the concur- care, Democrats do not want to do any- TRADE POLICY rence of the House is requested: thing. (Mr. TRAFICANT asked and was S. 457. An act to amend the Immigration f given permission to address the House and Nationality Act to update references in for 1 minute and to revise and extend the classification of children for purposes of REPUBLICAN ABUSE OF POWER United States immigration laws; his remarks.) S. 790. An act to provide for the modifica- (Mr. HILLIARD asked and was given Mr. TRAFICANT. Mr. Speaker, 20 tion or elimination of Federal reporting re- permission to address the House for 1 years ago Gold Star South Korea built quirements; and minute and to revise and extend his re- radios for Zenith. Then Zenith started S. Con. Res. 21. Concurrent resolution di- marks.) to build picture tubes for Gold Star. recting that the ‘‘Portrait Monument’’ Mr. HILLIARD. Mr. Speaker, I rise Yesterday Gold Star South Korea carved in the likeness of Lucretia Mott, Susan B. Anthony, and Elizabeth Cady Stan- today to point out another outrage bought out Zenith. ton, now in the Crypt of the Capitol, be re- among the many insults that the Re- Ladies and gentlemen, Philo T. stored to its original state and be placed in publicans continue to inflict upon this Fransworth of Utah, father of Amer- the Capitol Rotunda. Congress and this country. Since they ican television, is rolling over in his f gained a majority in Congress, the on- grave. This country, the great Amer- slaught of injustice has been tremen- ica, invented television, telephones, ANNOUNCEMENT BY THE SPEAKER dous. typewriters. We do not build one any- The SPEAKER. The Chair will recog- They have stacked the top commit- more. But do not worry, American nize 10 Members on each side for 1- tees with the Johnny-come-lately workers, you are going to get the high- minute speeches. party switchers. They have technology jobs. f disenfranchised several Democrats, Tell me what is more high-tech- blocking us from voting, both in com- nology than a sophisticated electronic MEDICARE mittee meetings and on this very device. Beam me up, ladies and gentle- (Mr. LEWIS of Kentucky asked and House floor. men. Forty-eight billion dollar record was given permission to address the Legislatively, their crimes against quarter trade deficit; $11.5 billion trade House for 1 minute and to revise and the public have been horrendous. They deficit for May. Truth is, Democrats extend his remarks.) do not even blush as they cut Medicare, are out because they had no trade pro- Mr. LEWIS of Kentucky. Mr. Speak- Medicaid, student loans and other edu- gram. Republicans have no trade pro- er, we have heard a lot of hot air from cational programs to fund tax cuts for gram. White House has no trade pro- the liberal Democrats about Medicare. their rich supporters. gram. But when they talk about Medicare The Republicans are drunk with their America is losing our jobs and people what they really mean is medi-scare. new found power, and their abuse of are talking about the Mideast. We bet- They don’t really want to save Medi- this power is rampant and excessive. ter start talking about the Midwest. care from bankruptcy. All they want to But America is watching. f do is scare people into voting for their f party. For Democrats it is perfectly ac- ANOTHER PROMISE KEPT ceptable to let Medicare go bankrupt— TOBACCO FARMERS (Mr. TIAHRT asked and was given just as long as they have a political (Mr. FUNDERBURK asked and was permission to address the House for 1 issue it doesn’t matter what the truth given permission to address the House minute and to revise and extend his re- is. marks.) And the truth is that Medicare will for 1 minute and to revise and extend his remarks.) Mr. TIAHRT. Mr. Speaker, last year be broke in 7 years if we don’t take se- Republicans stood before the American rious action right now. Republicans Mr. FUNDERBURK. Mr. Speaker, today and tomorrow thousands of people and made a promise that if we have not walked away from this issue. took the majority, we would conduct Unfortunately for the American peo- farmers are making their way across an audit of the operations of the House ple, liberal Democrats have used Medi- my State for the opening of the annual of Representatives. Today the findings care for their twisted scare tactics. North Carolina tobacco markets; 85,000 of this audit are presented. You see, liberals can not win elections North Carolinians grow or manufacture The audit had to be conducted. For with the force of their superior ideas. tobacco. Another 154,000 depend on to- years the American people were inun- The only strategy that works for lib- bacco related spending. It pumps more dated by countless stories of misuse erals is fear and disinformation. than $1 billion per year into our econ- But the American people are smarter omy. and abuse of congressional privilege. than liberals would believe. They will Mr. Speaker, if you have been on a The light of truth and accountability not buy the scare tactics and they will tobacco farm you know it is the most had to be shown on the institution that not allow Medicare to go bankrupt. Mr. grueling and back-breaking work in ag- is responsible for spending the Amer- Speaker, later this month Medicare riculture. Most tobacco farmers strug- ican tax dollars. I would just point out that this would will turn 30 years old. The Medicare gle to survive. Unfortunately, this year never have happened had the other Trustees Board reports that unless they have been hit by twin disasters; party remained in the majority. It something is done quickly, Medicare bad weather and President Clinton. would never have occurred to the other will not survive another 7 years. Re- Too much rain weakened the crop. Too party to put themselves on the same publicans have responded to this warn- much Clinton and Kessler threaten the level of accountability that they hold ing. We are committed to protecting industry’s survival. Mr. Speaker, the every other financial institution and and preserving Medicare so that it can President has let the FDA wage war on every business in America under. observe many more anniversaries. thousands of North Carolinians. He It would be wrong to just ignore the talks about jobs, but his politically Mr. Speaker, today is a good day on warnings of those in charge of Medi- correct posturing has put over 200,000 the Potomac and a good day for the in- care. But, that is exactly what the jobs on the line in my State. The stitution of Congress. By keeping Democrats are doing. They ignore the FDA’s charge that the tobacco family promises and holding ourselves ac- advice of leaders in their own party. is out to addict children is ludicrous on countable, we have taken steps toward Three of Bill Clinton’s cabinet sec- its face. restoring trust with the American peo- retaries are on the Medicare Trustees Mr. Speaker, as tobacco farmers go ple. Board, and yet the liberal Democrats to market, I want to assure them that f here in the House act as if they do not the radical left wing of the other party exist. By their silence, liberal Demo- will not get away with its selective HEAD START crats are admitting they would rather persecution of their historic and legal (Mr. ROEMER asked and was given see Medicare go bankrupt. American industry. To the farmers in permission to address the House for 1 The difference here, Mr. Speaker, is eastern North Carolina keep up the minute and to revise and extend his re- that Republicans want to save Medi- good work, help is on the way. marks.) July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7081 Mr. ROEMER. Mr. Speaker, children a Head Start Program that I visited ness and Wall Street are dictating that do not have lobbyists in this country. back in my own district. You could tell we continue our failed trade policies Children do not have political action when they serve the lunches to these with the enthusiastic support of the committees, and children cannot vote. young children at Head Start that new Speaker and the new majority. And it is no wonder, Mr. Speaker, some of them had not eaten in quite a We ran a record trade deficit in May. that children are getting the shaft by long time. According to the Commerce Depart- the Republican cuts in the Head Start Now, the whole question is, How can ment, it was an $11.4 billion trade defi- Program. Here is a Head Start Pro- you be prepared to learn if you do not cit. That means we exported 228,000 gram that President Reagan and Presi- have food on your stomach? How can jobs to unfair trading partners around dent Bush wanted to increase funding you be prepared to learn when you are the world. in. They did not want to cut children not getting that instruction at home? What does the new majority have to out of this program. This goes too far The parents did get them enrolled in say about that? Well, precious little, and it is too extreme. This threatens to the Head Start Program. Teachers because they are too busy filling their put children out on the streets. talked about the fact that they had campaign coffers with special trips to The Speaker has an earning by learn- made great strides not only with these Wall Street rather than addressing the ing program, paying children to learn youngsters preparing them to learn but failed trade policy. Yes, this adminis- by reading a book. You cannot pay also with the parents themselves. tration, the Clinton administration, them to read a book if you cannot Cuts on college loans, cuts on Head has followed Reagan and Bush in this teach them how to read. Start, cuts in Medicare, cuts in Medic- failure. But the new majority is doing Please support restoring the $137 mil- aid, these are going to hurt our people, nothing to change it. We need a new lion cuts to our precious Head Start and also that we can get $245 billion in trade policy for this country, a policy Programs. tax cuts prior to balancing the budget. that brings jobs home to America and f The elimination of corporate taxes and protects our economy. nonrefundable $500 per child, lower cap- f AUDIT RESULTS ital gains, this is not going to mean (Mrs. SEASTRAND asked and was much to the middle class. But Medi- RESULTS OF HOUSE AUDIT given permission to address the House care, Head Start, college loans, all of (Mr. HAYWORTH asked and was for 1 minute and to revise and extend these things mean a great deal. given permission to address the House her remarks.) f for 1 minute and to revise and extend Mrs. SEASTRAND. Mr. Speaker, his remarks.) business men and women across Amer- MORE ON AUDIT RESULTS Mr. HAYWORTH. Mr. Speaker, I lis- ica know the first thing you do when (Mr. LINDER asked and was given tened with great interest to the preced- you acquire a new enterprise is to permission to address the House for 1 ing speaker pooh-pooh the results of audit the books. Last November the minute.) the House audit. My goodness, the American people took back the House Mr. LINDER. Mr. Speaker, given the most profound news to come out of this of Representatives from the liberals Democrats’ track record for balancing new Congress, another promise kept who had controlled it absolutely for 40 the Federal budget, it should come as that showed by this audit what blatant years. When the new American major- no surprise that they used less than disregard House officials had for com- ity assumed responsibility for this in- precise bookkeeping during the 40 mon mathematics. stitution last January, we took the years of managing or mismanaging the Listen to this. Records were so inad- practical, prudent step of authorizing a House of Representatives. equate and so incomplete that the complete audit of the House of Rep- According to Roll Call and a Price auditors would not render an opinion resentatives. Waterhouse audit of the House books, on the reliability of the House’s finan- Today, the results of that first-ever Democrats did not pay the bills they cial statements. This is the worst eval- audit are being made public. It will ran up, used numbers convenient to uation that an auditor can issue. The come as no surprise to the American their purpose, and made a mockery of finance office in this institution under people that the independent audit by the trust of the American people. the previous rule processed $700 million Price Waterhouse has proven once Sound familiar? That is the exact same a year in expenses and salaries using again that power corrupts and absolute Democrat management style that gave handwritten ledgers that the auditors power corrupts absolutely. this country $5 trillion of debt. cannot make sense out of. Competence, waste, expediency, mis- Having heard the demand of the The fact is, Mr. Speaker, this new management, confusion, contradiction, American people, House Republicans majority with help from dedicated living above the law, no accountabil- are changing the way Congress oper- Members of the new minority will re- ity, no security, these are among the ates. It is simply common sense to ex- make this institution in the image of findings of the auditors being reported pect the people’s House and the Gov- the American people. Today the audit today. ernment to pay their bills. That is symbolizes another promise made, an- The bottom line is inescapable and what small businesses and American other promise kept, keeping our word undeniable. This House, this cherished families do across the country. The and bond with the American people to institution designed by our constitu- Government of the greatest Nation on get back to basics and get back to busi- tional forefathers of this great Nation Earth should do no less. We will bal- ness. is once again going to be a people’s ance the budget in 7 years. Republicans f House because we are going to clean it are administering this House of Rep- up. resentatives with seriousness and rev- REPUBLICANS WANT TO f erence appropriate for the leading de- PRIVATIZE MEDICARE mocracy and not the lackadaisical ap- (Ms. DELAURO asked and was given KEEP PROGRAMS THAT ARE proach taken during the last 40 years. permission to address the House for 1 MEANINGFUL TO THE MIDDLE f minute and to revise and extend her re- CLASS marks.) (Mr. KLINK asked and was given per- CRUMBLING ECONOMY Ms. DELAURO. Mr. Speaker, a recent mission to address the House for 1 (Mr. DEFAZIO asked and was given Washington Times story confirmed minute.) permission to address the House for 1 what seniors have feared about Repub- Mr. KLINK. Mr. Speaker, we have minute.) lican plans to cut Medicare. The con- been dwelling on Medicare cuts for Mr. DEFAZIO. Mr. Speaker, as the servative newspaper reported that the quite some time during these 1-minute Republican revolution patters on about Republican leadership’s ultimate goal remarks and for good reason. But the the audit of the House of Representa- is to privatize Medicare. Today, the gentleman from Indiana who spoke two tives, the economy is crumbling around GOP is ready to dismantle Medicare speakers previous to me talked about us. It is business as usual in Washing- today, to finance their tax cut to the cuts in Head Start. He reminded me of ton, DC, or, rather, as usual, big busi- wealthy. But what about tomorrow? H 7082 CONGRESSIONAL RECORD — HOUSE July 18, 1995 The Gingrich plan to privatize Medi- While we chalked up a deficit of $2.8 know that these epithets do not rep- care will mean that seniors will pay billion with China just in May and a resent you. In the depths of my heart I more in premiums and deductibles and projected $32 billion deficit with them would hope that you would help us to will lose their choice of doctors. Under for this year, the administration is make all Americans believe that. the Gingrich plan, recipients who now pushing for extension of most-favored- f pay $46.10 per month for Medicare part nation for China. With Mexico, after all B would pay more than $110 per month. the promises of increased exports to EFFORTS TO SAVE MEDICARE ARE Thirty years ago when Medicare was Mexico, our country is projected to run NOT MEAN-SPIRITED established, 93 percent of Republicans a $20 billion trade deficit with them (Mr. KIM asked and was given per- opposed the plan. Now, the Gingrich this year. American workers can no mission to address the House for 1 Republicans are walking in lockstep longer afford to sustain these kinds of minute and to revise and extend his re- once again and are out to achieve a 30- trade losses. Let us bring that wealth marks.) year goal, dismantling what they never back to America. Mr. KIM. Mr. Speaker, I had a design wanted in the first place—Medicare. f engineering firm before I joined in Con- f gress 21⁄2 years ago, and at one time I REPUBLICANS STAND FOR had 150 employees, and I am an expert FINDINGS OF FIRST AUDIT CHANGE, DEMOCRATS STAND in mathematics. Let me tell the Mem- (Mr. LARGENT asked and was given FOR THE STATUS QUO bers, this is the flat tax that the politi- permission to address the House for 1 (Mr. JONES asked and was given per- cal leadership proposed, a 17 percent minute and to revise and extend his re- mission to address the House for 1 flat tax. This is what is proposed by my marks.) minute and to revise and extend his re- colleagues on the other side of the Mr. LARGENT. Mr. Speaker, this is a marks.) aisle. It is a different bracket based small sample of what the House books Mr. JONES. Mr. Speaker, we, the Re- upon income. look like. I think the American people publican majority, are committed to Let me plot this. They insist this is a expect us to not only read the House preserving, protecting, and improving flat tax also. I would like to ask the books but also to have an audit of the the Medicare system. However, the American people, does that seem flat House books, and today marks the re- other side continues to play the politi- to them? Let me take a look at this lease of findings of the first—America, cal games and ignores the writing on Medicare. Mr. Speaker, this line is did you hear that—the first audit of the wall. The Clinton Medicare trust- leading into bankruptcy within 7 years. the House books in history. ees stated that the program will be The bottom line is what the Repub- In this audit, the auditors found in bankrupt by the 2002. The fact that the licans are proposing, trying to save and the last Congress a shocking disregard system is going bankrupt makes our ef- preserve the Medicare system from for financial controls, a disregard for forts more important than ever before. bankruptcy. Look at these two lines. businesslike practice and frequently Our plan gives States the flexibility This green line is simply trying to slow having waived the rules regarding the needed to design effective, innovative down the rate of increase just a little House books. health programs tailored to meet the bit. Still there is an increase. Each Some of the promises that we made special needs of individual citizens. We year we are spending more money. My on the first day of this Congress was will not cut the Medicare Program, in- colleagues call it cuts, draconian cuts, that Congress would live under the stead our proposal includes a spending mean-spirited cuts. I just do not under- same laws that everybody else has to increase of $340 billion over the next 7 stand this. abide by. I think that is only fair. An- years—a 34-percent increase in Medi- f other one of the promises that we made care spending per retiree. was that we would have the first audit We will clean up the waste and ineffi- FOLDING OF NEW YORK NEWSDAY ever of the House books. ciency in the system and provide an (Mr. SCHUMER asked and was given The auditors have come back and improved system for current and future permission to address the House for 1 said that the House books are in a generations. minute and to revise and extend his re- shambles. Bottom line, we stand for change, the marks.) Mr. Speaker, there is an old adage Democrats stand for the status quo. Mr. SCHUMER. Mr. Speaker, yester- that says if it does not work at home, f day morning when I woke up in New do not export it. York, I did what I customarily do, I go Let me tell you, it has not worked in CALLING ON THE SPEAKER OF to the door of my apartment and pick this House for a long time. But this THE HOUSE TO DENOUNCE RACISM up the newspapers. Something was year we are making it work in this (Mr. FLAKE asked and was given missing. That was New York Newsday, home and then export it to the rest of permission to address the House for 1 the paper that folded that Sunday. All the American people. minute and to revise and extend his re- New Yorkers, and particularly those of f marks.) us who read Newsday and were covered b 1020 Mr. FLAKE. Mr. Speaker, it is rare in Newsday, regret this loss very much. that I come to this well with news that Whether it was their feisty and com- MAY’S TRADE NUMBERS is unpleasant. My tendency is to be prehensive coverage in New York City (Ms. KAPTUR asked and was given very positive about most things all the or the investigations they did or the permission to address the House for 1 time. However, I will share several thoroughness with which they treated minute and to revise and extend her re- events that I would like to call to the outer boroughs, Brooklyn, Queens, marks.) Members’ attention. where I come from, or whether it was Ms. KAPTUR. Mr. Speaker, just hot On Thursday, as I was in the elevator the complete, fair, and balanced cov- off the press, America ran another 5B in the Rayburn House Office Build- erage of Washington which made the budget-busting $11.4 billion trade defi- ing, on the very elevator door was writ- reader interested in what went on cit for the month of May, continuing ten these words: ‘‘Niggers equal there, New York Newsday is going to the recordbreaking hemorrhage for 1995 crime.’’ As if that was not enough, the be missed. I regret very much that it is for our country. For the first 5 months problem for me was exacerbated when not continuing. of this year, we recorded a trade deficit about 3 o’clock on Sunday morning I It seemed that it was almost about to with the world of over $52 billion, an was awakened by a telephone call. turn a profit when its life was untimely increase of 30 percent over the same pe- That telephone call said to me, in a ended, and yet those of us who know riod last year, more lost wages for this prank call, ‘‘We are going to join NEWT the reporters and editors and delivery country, more lost wealth. What is the GINGRICH in killing all niggers.’’ people who made this newspaper tick administration, the leadership of this Mr. Speaker, I urge you this morning will tell the Members one thing: It did House, and every other ‘‘blind trader’’ to mount this well as Speaker of the a great job, it improved all of its com- around Washington doing about this House of Representatives, as a leader petitor papers, as they would be the bleeding of America’s wealth? in this Nation, to let this country first to admit, and it made our city a July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7083 better place. New Yorkers and Ameri- PROVIDING FOR CONSIDERATION eration of this resolution, all time cans will miss New York Newsday. OF H.R. 2020, TREASURY, POSTAL yielded is for purposes of debate only. SERVICE, AND GENERAL GOV- (Mr. DIAZ-BALART asked and was f ERNMENT APPROPRIATIONS ACT, given permission to include extraneous 1996 material.) OPPOSE THE ANTIFARMER LOWEY AMENDMENT H. RES. 190 Mr. DIAZ-BALART. Mr. Speaker, Resolved, That at any time after the adop- House Resolution 190 is an open rule, (Mr. CHAMBLISS asked and was tion of this resolution the Speaker may, pur- providing for the consideration of H.R. given permission to address the House suant to clause 1(b) of rule XXIII, declare the 2020, the Treasury, Postal Service, and for 1 minute and to revise and extend House resolved into the Committee of the general government appropriations bill Whole House on the state of the Union for for fiscal year 1996. H.R. 2020 provides his remarks.) consideration of the bill (H.R. 2020) making Mr. CHAMBLISS. Mr. Speaker, hav- appropriations for the Treasury Department, funds for the Treasury Department, the ing lived in the middle of Georgia’s the United States Postal Service, the Execu- United States Postal Service, the Exec- farm belt all my adult life, I want to tive Office of the President, and certain inde- utive Office of the President, and cer- make sure the facts are on the table as pendent agencies, for the fiscal year ending tainly independent agencies. September 30, 1996, and for other purposes. The rule waives clause 2, prohibiting we debate this year’s agriculture ap- The first reading of the bill shall be dis- propriations bill. unauthorized and legislative provi- pensed with. General debate shall be con- sions, and clause 6, prohibiting reap- fined to the bill and shall not exceed one It concerns me that big city rep- propriations, of rule XXI against provi- resentatives think that cutting farm hour equally divided and controlled by the chairman and ranking minority member of sions in the bill, except as otherwise programs is the simple solution to the Committee on Appropriations. After gen- specified in the rule. budget problems. For example, Mrs. eral debate the bill shall be considered for The rule also provides for the reading LOWEY of New York plans to offer an amendment under the five-minute rule. The of the bill by title, rather than by sec- amendment which would lower the sup- bill shall be considered by title rather than tion, for amendment, and each title is by paragraph. Each title shall be considered port price of peanuts from $678 per ton considered as read. In addition, the to $550 per ton. as read. Points of order against provisions in the bill for failure to comply with clause 2 or Chair is authorized to accord priority Now, she thinks that a cut like this 6 of rule XXI are waived except as follows: in recognition to members who have will produce savings, but according to beginning with ‘‘Provided further’’ on page 33, preprinted their amendments in the USDA it would cost taxpayers around line 2, through ‘‘Maryland:’’ on line 13; and CONGRESSIONAL RECORD. And finally, $100 million. That’s right, a cut that page 42, line 9, through page 43, line 6. Where the rule provides for one motion to re- would cost taxpayers millions. points of order are waived against part of a commit with or without instructions. paragraph, points of order against a provi- But that is not all. She also believes sion in another part of such paragraph may I would like to stress that this rule is that this cut will spell out savings for be made only against such provision and not an open rule, so open that it does not consumers. Wrong again. Reduction in against the entire paragraph. During consid- even restrict dilatory tactics. We are the farm price for peanuts will not be eration of the bill for amendment, the Chair- hopeful that Members will not utilize passed on to the consumers. man of the Committee of the Whole may ac- stalling techniques that do not advance cord priority in recognition on the basis of debate nor improve the substance of In fact, 74 percent of the consumer’s whether the Member offering an amendment legislation. cost for peanut butter is added on by has caused it to be printed in the portion of This rule does not provide waivers of food processors after peanuts are sold the CONGRESSIONAL RECORD designated for the rules for any amendments to H.R. by farmers. This amendment would ac- that purpose in clause 6 of rule XXIII. 2020. It is a standard open rule, and tually increase profits for multi- Amendments so printed shall be considered as read. At the conclusion of consideration of Members who want to move funds national commodity traders and food the bill for amendment the Committee shall around or reduce funding for certain companies by paying farmers less for rise and report the bill to the House with programs will be able to do so within their peanuts. such amendments as may have been adopted. the parameters of House rules. Any Oppose the antifarmer Lowey amend- The previous question shall be considered as ordered on the bill and amendments thereto battles regarding the level of funding ment. It will not lower Government to final passage without intervening motion for particular programs or projects can costs, it will not lower consumer except one motion to recommit with or with- be decided on the floor in a deliberative prices, but it will devastate small, fam- out instructions. manner. ily farmers across the country. The SPEAKER pro tempore. The gen- I would like to commend Subcommit- f tleman from Florida [Mr. DIAZ- tee Chairman LIGHTFOOT and Chairman BALART] is recognized for 1 hour. LIVINGSTON for their hard work on this MESSAGE FROM THE PRESIDENT Mr. DIAZ-BALART. For purposes of bill. As an open rule on this $23 billion debate only, Mr. Speaker, I yield the measure, House Resolution 190 could A message in writing from the Presi- customary 30 minutes to the gen- not be more fair, and I urge its adop- dent of the United States was commu- tleman from California [Mr. BEILEN- tion. Mr. Speaker, for the RECORD, I in- nicated to the House by Mr. Edwin SON], pending which I yield myself such clude the following information regard- Thomas, one of his secretaries. time as I may consume. During consid- ing amendments: THE AMENDMENT PROCESS UNDER SPECIAL RULES REPORTED BY THE RULES COMMITTEE,1 103D CONGRESS V. 104TH CONGRESS [As of July 17, 1995]

103d Congress 104th Congress Rule type Number of rules Percent of total Number of rules Percent of total

Open/Modified-open 2 ...... 46 44 35 73 Modified Closed 3 ...... 49 47 12 25 Closed 4 ...... 9 9 1 2

Totals: ...... 104 100 48 100

1 This table applies only to rules which provide for the original consideration of bills, joint resolutions or budget resolutions and which provide for an amendment process. It does not apply to special rules which only waive points of order against appropriations bills which are already privileged and are considered under an open amendment process under House rules. 2 An open rule is one under which any Member may offer a germane amendment under the five-minute rule. A modified open rule is one under which any Member may offer a germane amendment under the five-minute rule subject only to an overall time limit on the amendment process and/or a requirement that the amendment be preprinted in the Congressional Record. 3 A modified closed rule is one under which the Rules Committee limits the amendments that may be offered only to those amendments designated in the special rule or the Rules Committee report to accompany it, or which preclude amendments to a particular portion of a bill, even though the rest of the bill may be completely open to amendment. 4 A closed rule is one under which no amendments may be offered (other than amendments recommended by the committee in reporting the bill). H 7084 CONGRESSIONAL RECORD — HOUSE July 18, 1995 SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS [As of July 17, 1995]

H. Res. No. (Date rept.) Rule type Bill No. Subject Disposition of rule

H. Res. 38 (1/18/95) ...... O ...... H.R. 5 ...... Unfunded Mandate Reform ...... A: 350–71 (1/19/95). H. Res. 44 (1/24/95) ...... MC ...... H. Con. Res. 17 ...... Social Security ...... A: 255–172 (1/25/95). H.J. Res. 1 ...... Balanced Budget Amdt ...... H. Res. 51 (1/31/95) ...... O ...... H.R. 101 ...... Land Transfer, Taos Pueblo Indians ...... A: voice vote (2/1/95). H. Res. 52 (1/31/95) ...... O ...... H.R. 400 ...... Land Exchange, Arctic Nat’l. Park and Preserve ...... A: voice vote (2/1/95). H. Res. 53 (1/31/95) ...... O ...... H.R. 440 ...... Land Conveyance, Butte County, Calif ...... A: voice vote (2/1/95). H. Res. 55 (2/1/95) ...... O ...... H.R. 2 ...... Line Item Veto ...... A: voice vote (2/2/95). H. Res. 60 (2/6/95) ...... O ...... H.R. 665 ...... Victim Restitution ...... A: voice vote (2/7/95). H. Res. 61 (2/6/95) ...... O ...... H.R. 666 ...... Exclusionary Rule Reform ...... A: voice vote (2/7/95). H. Res. 63 (2/8/95) ...... MO ...... H.R. 667 ...... Violent Criminal Incarceration ...... A: voice vote (2/9/95). H. Res. 69 (2/9/95) ...... O ...... H.R. 668 ...... Criminal Alien Deportation ...... A: voice vote (2/10/95). H. Res. 79 (2/10/95) ...... MO ...... H.R. 728 ...... Law Enforcement Block Grants ...... A: voice vote (2/13/95). H. Res. 83 (2/13/95) ...... MO ...... H.R. 7 ...... National Security Revitalization ...... PQ: 229–100; A: 227–127 (2/15/95). H. Res. 88 (2/16/95) ...... MC ...... H.R. 831 ...... Health Insurance Deductibility ...... PQ: 230–191; A: 229–188 (2/21/95). H. Res. 91 (2/21/95) ...... O ...... H.R. 830 ...... Paperwork Reduction Act ...... A: voice vote (2/22/95). H. Res. 92 (2/21/95) ...... MC ...... H.R. 889 ...... Defense Supplemental ...... A: 282–144 (2/22/95). H. Res. 93 (2/22/95) ...... MO ...... H.R. 450 ...... Regulatory Transition Act ...... A: 252–175 (2/23/95). H. Res. 96 (2/24/95) ...... MO ...... H.R. 1022 ...... Risk Assessment ...... A: 253–165 (2/27/95). H. Res. 100 (2/27/95) ...... O ...... H.R. 926 ...... Regulatory Reform and Relief Act ...... A: voice vote (2/28/95). H. Res. 101 (2/28/95) ...... MO ...... H.R. 925 ...... Private Property Protection Act ...... A: 271–151 (3/2/95) H. Res. 103 (3/3/95) ...... MO ...... H.R. 1058 ...... Securities Litigation Reform ...... H. Res. 104 (3/3/95) ...... MO ...... H.R. 988 ...... Attorney Accountability Act ...... A: voice vote (3/6/95) H. Res. 105 (3/6/95) ...... MO ...... A: 257–155 (3/7/95) H. Res. 108 (3/7/95) ...... Debate ...... H.R. 956 ...... Product Liability Reform ...... A: voice vote (3/8/95) H. Res. 109 (3/8/95) ...... MC ...... PQ: 234–191 A: 247–181 (3/9/95) H. Res. 115 (3/14/95) ...... MO ...... H.R. 1159 ...... Making Emergency Supp. Approps...... A: 242–190 (3/15/95) H. Res. 116 (3/15/95) ...... MC ...... H.J. Res. 73 ...... Term Limits Const. Amdt ...... A: voice vote (3/28/95) H. Res. 117 (3/16/95) ...... Debate ...... H.R. 4 ...... Personal Responsibility Act of 1995 ...... A: voice vote (3/21/95) H. Res. 119 (3/21/95) ...... MC ...... A: 217–211 (3/22/95) H. Res. 125 (4/3/95) ...... O ...... H.R. 1271 ...... Family Privacy Protection Act ...... A: 423–1 (4/4/95) H. Res. 126 (4/3/95) ...... O ...... H.R. 660 ...... Older Persons Housing Act ...... A: voice vote (4/6/95) H. Res. 128 (4/4/95) ...... MC ...... H.R. 1215 ...... Contract With America Tax Relief Act of 1995 ...... A: 228–204 (4/5/95) H. Res. 130 (4/5/95) ...... MC ...... H.R. 483 ...... Medicare Select Expansion ...... A: 253–172 (4/6/95) H. Res. 136 (5/1/95) ...... O ...... H.R. 655 ...... Hydrogen Future Act of 1995 ...... A: voice vote (5/2/95) H. Res. 139 (5/3/95) ...... O ...... H.R. 1361 ...... Coast Guard Auth. FY 1996 ...... A: voice vote (5/9/95) H. Res. 140 (5/9/95) ...... O ...... H.R. 961 ...... Clean Water Amendments ...... A: 414–4 (5/10/95) H. Res. 144 (5/11/95) ...... O ...... H.R. 535 ...... Fish Hatchery—Arkansas ...... A: voice vote (5/15/95) H. Res. 145 (5/11/95) ...... O ...... H.R. 584 ...... Fish Hatchery—Iowa ...... A: voice vote (5/15/95) H. Res. 146 (5/11/95) ...... O ...... H.R. 614 ...... Fish Hatchery—Minnesota ...... A: voice vote (5/15/95) H. Res. 149 (5/16/95) ...... MC ...... H. Con. Res. 67 ...... Budget Resolution FY 1996 ...... PQ: 252–170 A: 255–168 (5/17/95) H. Res. 155 (5/22/95) ...... MO ...... H.R. 1561 ...... American Overseas Interests Act ...... A: 233–176 (5/23/95) H. Res. 164 (6/8/95) ...... MC ...... H.R. 1530 ...... Nat. Defense Auth. FY 1996 ...... PQ: 225–191 A: 233–183 (6/13/95) H. Res. 167 (6/15/95) ...... O ...... H.R. 1817 ...... MilCon Appropriations FY 1996 ...... PQ: 223–180 A: 245–155 (6/16/95) H. Res. 169 (6/19/95) ...... MC ...... H.R. 1854 ...... Leg. Branch Approps. FY 1996 ...... PQ: 232–196 A: 236–191 (6/20/95) H. Res. 170 (6/20/95) ...... O ...... H.R. 1868 ...... For. Ops. Approps. FY 1996 ...... PQ: 221–178 A: 217–175 (6/22/95) H. Res. 171 (6/22/95) ...... O ...... H.R. 1905 ...... Energy & Water Approps. FY 1996 ...... A: voice vote (7/12/95) H. Res. 173 (6/27/95) ...... C ...... H.J. Res. 79 ...... Flag Constitutional Amendment ...... PQ: 258–170 A: 271–152 (6/28/95) H. Res. 176 (6/28/95) ...... MC ...... H.R. 1944 ...... Emer. Supp. Approps...... PQ: 236–194 A: 234–192 (6/29/95) H. Res. 185 (7/11/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 ...... PQ: 235–193 D: 192–238 (7/12/95) H. Res. 187 (7/12/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 #2 ...... PQ: 230–194 A: 229–195 (7/13/95) H. Res. 188 (7/12/95) ...... O ...... H.R. 1976 ...... Agriculture Approps. FY 1996 ...... H. Res. 190 (7/17/95) ...... O ...... H.R. 2020 ...... Treasury/Postal Approps. FY 1996 ...... Codes: O-open rule; MO-modified open rule; MC-modified closed rule; C-closed rule; A-adoption vote; D-defeated; PQ-previous question vote. Source: Notices of Action Taken, Committee on Rules, 104th Congress.

Mr. Speaker, I reserve the balance of amendments in order last night when taxes. This is a very clearcut issue, Mr. my time. the Committee on Rules considered Speaker. We feel strongly that any Mr. BEILENSON. Mr. Speaker, I this resolution. Of particular impor- wealthy American who renounces his yield myself such time as I may tance to many of us was an amendment or her citizenship in order to avoid consume. offered by the gentlewoman from Colo- paying taxes on the wealth they have Mr. Speaker, we are not opposed to rado [Mrs. SCHROEDER] which would amassed while they have enjoyed the the rule for H.R. 2020, the bill making have opened the Federal employees’ benefits of U.S. citizenship should not appropriations for the Treasury De- health benefit plan to all Americans. be rewarded. Unfortunately, the Mem- partment and Postal Service, Execu- The gentlewoman argued, we thought bers of the House have been denied tive Office of the President, and several quite convincingly, that since the bill again the right to vote on this amend- independent agencies for the fiscal itself opens up the Federal Govern- ment. year beginning October 1. ment’s health plan to a significant This is an open rule. It is not, how- change, she should be permitted to We also sought to make in order two ever, the ‘‘open-plus rule’’ that the offer her amendment on this matter. amendments dealing with the deficit other side of the aisle requested just a As my colleagues will recall, this was lockbox issue. The Members, including year ago for this same appropriations the one key feature of the health care the gentleman from Oklahoma [Mr. bill. The rule waives several House reform debate that most of us seemed BREWSTER] and the gentlewoman from rules that are violated by provisions of to agree on during that ill-fated debate California [Ms. HARMAN], have been te- the bill, including the rule prohibiting on the issue last year, that all Ameri- nacious in arguing their position on unauthorized and legislative provisions cans should be able to participate in this important issue. We continue to in an appropriations bill, and the bill the health care plan that Members of believe that they should be allowed to prohibiting reappropriations. Those Congress, their staffs, and Federal em- offer their amendment to this year’s same waivers were strongly criticized ployees have access to. Unfortunately, appropriations bills. We understand the last year by our friends across the we will not be permitted to debate that leadership has scheduled a markup ses- aisle, but as we have noted before in re- simple proposition today because the sion for this week on legislation deal- cent days, this is a new day, and the majority on the Committee on Rules ing with this issue. new leadership has now discovered the voted on a straight party line vote not We certainly welcome that response importance of those waivers of stand- to provide the amendment with the to an issue that we have been discuss- ing House rules in order to move legis- gentlewoman from Colorado with the ing for weeks, but it does not com- lation that is essential to the Federal waivers it needed. pletely allay our concerns. That is, Government’s day-to-day operations. We also attempted unsuccessfully to after all, only a committee markup We do not oppose the waivers pro- make in order the amendment offered vided by the rule. We are, however, by the gentleman from Kentucky [Mr. session. We do not know what will hap- pen after that. concerned that the majority would not WARD] which would have authorized permit the same waivers for several the collection of taxes from former Mr. Speaker, it simply does not make key amendments that Members sought American citizens who renounced their sense to pass a measure requiring that to offer. We attempted to make several citizenship in order to avoid paying all money cut be applied directly July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7085 to deficit reduction after the appro- vides. Unfortunately, we will be unable Locking in savings for deficit reduc- priations process is over. That is too to address the restoration of funds for tion once the Congress votes to make late. The point is to take any spending the Council on Economic Advisers, a cuts in spending bills sounds like a cut amendments from these appropria- panel that has always provided us with good idea, and it is, and it should be tions bills, including the one we are a long-term look at the economy that easy to implement, and it is not. There discussing today, and apply those to we in this body too often ignore. are important rules and technical con- deficit reduction. If we approve a The bill also cuts, we believe un- siderations that simply have to be lockbox bill at the end of the process, wisely, funds for the Internal Revenue worked out. There are a lot of players that is too late. As it is, we are already Service. That makes no sense to us, in this. behind schedule. when we are trying to balance the The Budget Act is a very complicated As Members should know, one of the budget to improve the ability of the document, as we all know, and we want Brewster amendments we sought to IRS to bring in more revenues. In any to be sure we are closing all the loop- make in order last night would have event, Mr. Speaker, we do not oppose holes while we are retaining the power amended House rules by creating a def- the rule, although we are very con- to make the necessary decisions to icit reduction lockbox that would have cerned, as I have tried to make clear, bring our budget into balance, which applied all money cut to deficit reduc- that we were unable to make in order we have also promised we will do and tion during not only the remainder of several key amendments that should voted to do, and we are on that glide this year’s appropriations cycle, but have been provided waivers by the com- path. also would have travel locked in any mittee on rules. It is incumbent upon all of us to spending cuts made by the House so far Mr. Speaker, I reserve the balance of make sure we get the thing right the this year. my time. first time, and I do not think I need to We also sought, Mr. Speaker, to Mr. DIAZ-BALART. Mr. Speaker, I remind my colleagues of the countless make in order several other amend- yield 3 minutes to my distinguished times we have rushed headlong into ments, including four offered by the colleague, the gentleman from Florida something, swept by the momentum of gentleman from Maryland [Mr. HOYER], [Mr. GOSS], a member of the Commit- the moment, only to find we have to go the ranking minority member of the tee on Rules. back and rewrite it because we made Subcommittee on Treasury, Postal (Mr. GOSS asked and was given per- mistakes. The catastrophic health bill Service, and General Government of mission to revise and extend his re- comes to mind, something I remember the Committee on Appropriations that marks.) very well. would have restored badly needed fund- It is a bit like speeding to the airport b 1040 ing for the Federal Elections Commis- to catch a plane. When the policeman sion and for the White House offices. Mr. GOSS. Mr. Speaker, I thank my pulls you over and gives you a ticket, We are particularly concerned about friend, the gentleman from Florida you end up missing the plane and hav- the political nature of these cuts. [Mr. DIAZ-BALART], for yielding me this ing to pay the speeding fine. I do not As Members of the minority pointed time. see any reason to do that. I assure my colleagues that I and the out in their views on the committee re- He is a very, very energetic member chairman of our Committee on Rules, port, the cuts in the President’s Office of the Committee on Rules and has who has just entered the Chamber and are contrary to the longstanding prac- brought us a very good rule today. I I am sure will speak to this, are fully tices of the committee, regardless of think it is a very fair rule. It is open. committed to bringing forward a work- the political party in power in the It provides necessary protection under able product on a lockbox that can be White House. The Office of the White the specific rules for the fact that the applied to the appropriations work we House is the office of the President, Congress as a whole we recognize is have already done and are continuing and should be treated in a nonpartisan somewhat behind in all of our authoriz- ing programs, and this rule was set up to do for the fiscal year. In fact, we manner. have the legislative draft ready and we In addition, the FEC is already oper- to help us get back on schedule in com- are working that out now with the in- ating under severe budgetary con- pleting our appropriations work as terested players. I see no reason why straints, and the cuts in this bill will soon as possible, which obviously is we do not have a good product that will severely hamper its ability to carry priority business for our Nation. survive the markup very well. As the chairman of the Legislative out its responsibilities to assure the in- This is on fast track. It will be done. tegrity of elections. We should all be and Budget Process Subcommittee, The plane is leaving the runway. We very concerned about this cut, Mr. which has jurisdiction over the lockbox just want to make sure that we get to Speaker. We talk constantly about the issue, I want to address the concern we our destination of deficit reduction need to protect our process and keep it have heard from a number of Members without hitting a mountain along the free from outside interests, but this cut on this subject both in the Committee way. is clearly an attempt to reduce the ef- on Rules hearings and in the corridors I urge support for this rule. I think it fectiveness of the one agency that and the cloakrooms, Members on both is a good, fair rule. I have spoken on oversees in some objective manner the sides of the aisle. the lockbox because it is an issue of election process. We need to move ahead with the concern to a great many people on both Many of us are deeply disappointed lockbox measure, and we are. Tuesday sides. I would point out that if we do that H.R. 2020 prohibits Federal em- of last week, our subcommittee held a this the right way with the lockbox, we ployees from choosing a health care joint hearing with the Subcommittee will be using as our guideposts our CBO policy that provides a full range of re- on Government Management, Informa- figures, which are considerably better productive health services, including tion, and Technology which is chaired in terms of conserving dollars than the abortions. In 1993, we wisely reversed by our colleague, the gentleman from OMB figures, which are statutory, be- this policy that had been in place for a California [Mr. HORN]. cause our budget targets are lower. decade. The reinstatement of this pol- Our staff has been working prac- I think that is an extremely impor- icy threatens the right of Federal em- tically nonstop since that time, includ- tant point. I realize it is technical, in- ployees to choose to have an abortion, ing over the hot days of this weekend, side-the-beltway baseball to be talking a right that has been guaranteed by the to craft a workable lockbox mecha- about that, but I think our Members Supreme Court, and it discriminates nism. We now have scheduled a full need to be sure that the savings are against women in public service. I re- Committee on Rules markup for this real and that they are made. gret that we are taking one more step Thursday morning. Mr. BEILENSON. Mr. Speaker, I against ensuring that all women have I know to some Members it seems yield 3 minutes to the gentleman from the right to a safe and legal abortion. that this is a simple concept and we New York [Mr. SCHUMER]. Mr. Speaker, we are concerned about should have gotten this done quickly. I Mr. SCHUMER. I thank the gen- many other provisions of H.R. 2020, but would suggest that moving this fast tleman for yielding me the time. we feel most of them can be addressed around here is lightning-like, com- Mr. Speaker, I rise in opposition to by the open rule this resolution pro- pared to the usual glacial pace. the rule. I rise in opposition because of H 7086 CONGRESSIONAL RECORD — HOUSE July 18, 1995 the lockbox, an issue that I have been I am very proud of that. I know we $100 million cut. Maybe it eliminates greatly concerned with over the last 4 have other Members on the floor such the space station or whatever it does. or 5 years. In fact, the origins of this as the gentleman from Florida [Mr. The Senate, the other body, enacts a proposal occurred at one of our Demo- GOSS] and the gentleman from Florida $50 million cut on that particular func- cratic retreats when the gentleman [Mr. FOLEY] here who have worked tion in the budget. The difference is be- from Oklahoma [Mr. BREWSTER], the very hard on this issue. I want to tween $50 and $100 million. Now we go gentleman from Texas [Mr. EDWARDS], thank the chairman of the Committee to conference. I see the gentleman the gentlewoman from California [Ms. on Rules for scheduling that markup from Maryland [Mr. HOYER] sitting HARMAN], and myself were sitting down and for working so hard and diligently over there. This proposal does not tie and wondering why do we not do some- with such extraordinary leadership on the hands of the appropriators. It lets thing like this? this issue. the House work its will following the My question to the majority is, why Mr. SOLOMON. I thank the very dis- committee system, as it should, be- are we stalling on the lockbox? We all tinguished gentleman from Miami, FL, cause that is the only way we are going know that without this amendment, all for yielding me the time. to make sure that this body functions spending cuts in appropriations bills Mr. Speaker, I sort of hesitate to as it has functioned for 219 years. are a sham. The funds cut from one stand up now because I get my hackles The difference is now between $50 and program are transferred to another up. I have a Siberian Husky dog. When $100 million. They compromise it out program during a closed-door con- he really gets concerned, the fur stands at $75 million. It goes back to both ference. We have seen this happen year up on his back, and he is ready to at- Houses for approval. Both Houses ap- after year after year. tack. Well, I am not going to attack prove it. Let us try something completely right now, but I just have to call atten- The $75 million then is locked in. We novel in the appropriations process— tion to the previous speaker. He is a automatically lower the 602(a) alloca- honesty. If we are going to say that we colleague of mine that I served with in tions, we automatically lower the are going to cut spending, if we are the New York State Legislature. I will 602(b) allocation. That is confusing to going to boast to our constituents that say this with all due respect because he the people in the galleries and in the we cut waste and saved taxpayer dol- probably is recognizing his constitu- audience, but what that does is this: It lars, let us be honest about it. Let us ency in New York City, but he is, ac- means that once those 602(b) alloca- give Members a chance to dedicate cording to the National Taxpayers tions are lowered, the money can never those funds that are cut to deficit re- Union, one of the biggest spenders in be spent again. It can never be redis- duction. the Congress and has been since the tributed. It is gone. But this is fair. To Our constituents would be shocked to day he arrived here—following through change that, we would have to come learn that spending cuts won in hard- with his previous record in the New back on this floor of the House and the fought floor battles have absolutely no York State Legislature. Senate and pass a resolution raising impact on the deficit. I reject the no- So when I hear people that are wor- those 602(b) allocations or 602(a) alloca- tion that somehow the lockbox is too ried about a lockbox and they want to tions back up again. complicated to work procedurally. My enact a lockbox because it is going to Mr. Speaker, that is lockbox. This is constituents understand it imme- save money, I just sort of have to not some phony thing to supposedly take some invisible money, put it in a diately. Mr. Speaker, if there is a will, chuckle. But nevertheless, I will as- box and leave it there for some later there is a way. sume that he is going to vote for a The lockbox should have been en- lockbox. We are going to put a lockbox Congress, or later on in this particular Congress, for Congress to change its acted before the House took up this out on this floor. We are going to go to mind. We do not do that at all. We do year’s appropriation bills because once the Committee on Rules on Thursday. again these bills are filled with pork. I I see some of the Members on the not appropriate the money in the first place and we do not allow it to be spent have heard what the gentleman from other side of the aisle flinching, be- in the second place later on. That is Florida has said, but we have no guar- cause they really are worried about a lockbox becoming part of the law, not what we are going to do. antee a separate bill passes the Senate, I am going to challenge everybody on just a rule of the House but the law of where every Senator has lots of little both sides of the aisle, all the so-called the land. They are shrinking over goodies in every appropriation bill. We deficit hawks. Put your vote where there. But I am not. Neither are the have no guarantee of anything other your mouth is. We are going to come to than that there will be some bill on the sponsors of this legislation, H.R. 1923. this floor with a lockbox bill. I expect floor here. If you put it in the appro- This is 1,200 pages of cuts. It cuts ev- every one of you to vote for it, espe- priations process, that is where it is erything. We put this together, our bal- cially those that have been standing up going to happen. So let us not fool peo- anced budget task force, the gentleman here saying ‘‘we’re for it,’’ and we are ple. from Florida [Mr. GOSS] and the other going to see how this Congress comes Last year the Schumer-Crapo-Brew- Members, so that it would be a guide to down. ster-Harman lockbox had the support all of the Members who really are seri- I predict that this Congress will pass of 135 Members, including then Minor- ous about getting this terrible, terrible that legislation. Once we do pass the ity Whip GINGRICH, Representatives deficit under control, this sea of red lockbox as a freestanding piece of leg- KASICH, SOLOMON, and ARMEY, and a ink which is just literally turning this islation, then we have ready an amend- whole bevy of spending cutters on the country into a debtor nation. What is ment which we can attach to every ap- other side. less compassionate than that when we propriations bill if necessary, and we I do not understand why a bill that become a debtor nation, because you will have true savings in this Congress. made so much sense to the Republican are not going to be able to take care of Mr. Speaker, that is what is going to leadership in 1994 is anathema in 1995. those people that truly need help? happen. I do not know how we can I commend both Democrats and Repub- Let me tell what the lockbox does move any faster than this, particularly licans who say ‘‘no’’ to this restrictive that we will markup on Thursday. It when we have Members on the other rule and ‘‘yes’’ to the lockbox. may be subject to change because side of the aisle and Members on our Mr. DIAZ-BALART. Mr. Speaker, I every Member should have input. side of the aisle that do not want a yield such time as he may consume to Number one, let me give an example. lockbox. But the vast majority of us the gentleman from New York [Mr. The House votes to reduce spending in do. This is the we to get it. SOLOMON], the chairman of the Com- an appropriations bill by $100 million. I Mr. BEILENSON. Mr. Speaker, I mittee on Rules, someone, if there is am going to vote for it. I have voted for yield 3 minutes to the gentlewoman anyone, who proves that where there is all of these cuts that we see on the from California [Ms. HARMAN]. a will, there is a way with regard to fis- floor day by day, whether it is the Na- (Ms. HARMAN asked and was given cal responsibility, so much so that on tional Endowment for the Arts, what- permission to revise and extend her re- Thursday, just 2 days from now, he has ever it is. I am voting for it because we marks.) scheduled a markup precisely of legis- have to get this spending under con- Ms. HARMAN. Mr. Speaker, deficit lation on this lockbox issue. trol. But let us say the House passes a hawks—freshmen Members—lockbox July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7087 supporters—Members of the House—de- tinguished himself on a number of is- It is the one thing I learned when I feat this rule. sues and especially this issue of requir- first got elected to the House of Rep- Last week, the distinguished chair- ing deficit reduction by a specific resentatives in the State of Florida. A man of the Rules Committee told this mechanism that will be targeted to Member’s word was his bond. You had Member on this floor of his intention that purpose. Of course it has become to trust it like the proverbial hand- to have the committee report a rule be- known as the lockbox issue. As the shake amongst business associates. We fore the August recess that permitted chairman of the Committee on Rules are going to give it this one oppor- consideration of the bipartisan lockbox has stated, on Thursday, just the day tunity. I trust the gentleman from New deficit reduction amendment. after tomorrow, we are going to mark York [Mr. SOLOMON], the chairman of The gentleman is sincere and has up in the Committee on Rules specific the Committee on Rules, I do trust the worked diligently with me, the gen- legislation to carry this out. gentleman from Texas [Mr. ARMEY] is tleman from Oklahoma [Mr. BREW- Mr. FOLEY. Mr. Speaker, I want to going to give us this vote next week, I STER], and other lockbox supporters in thank my friend, the gentleman from say to the gentlewoman from Califor- that effort. And the news of Thursday’s Florida [Mr. DIAZ-BALART], the gen- nia [Ms. HARMAN]. I urge my col- markup is heartening. tleman from New York [Mr. SOLOMON], leagues, both Democrats and Repub- But prior experience in a related chairman of the Committee on Rules, licans, to give us this one chance to issue causes me to say, ‘‘Fool me once, and the gentleman from Florida [Mr. prove them right. If they are not, we shame on you; fool me twice, shame on GOSS] for hearing us on this issue. will join together in the next attempt me.’’ The lockbox is critical to this fresh- to prove us willing to move this House Let me remind my colleagues of man and to many like myself who in the direction of taking savings and similar promises made in the last Con- came to Congress. I have heard the dis- making those savings accrue to the gress by leaders of my party. Demo- cussion from others that suggest that benefit of the American taxpayer. cratic leaders promised that the A-to-Z this is merely an attempt to stall and b bill, cosponsored by a majority of to delay. I have to have some faith in 1100 House Members, would come to the this process and for the Members I TRIBUTE TO LENORE DONNELLY floor. ‘‘Soon’’ was the operative word. serve with in order for this House to The SPEAKER pro tempore (Mr. Soon Labor Day passed. Soon Hal- work. BARRETT of Nebraska). The Chair ac- loween passed. Soon Thanksgiving I have met with the gentleman from knowledges the contributions of Ms. passed. No A-to-Z bill. Soon the Con- New York [Mr. SOLOMON]. I have met Lenore Donnelly as chief Democratic gress adjourned. with the gentleman from Georgia [Mr. page as she announces the Presidential Now, with control transferred to the GINGRICH], the Speaker of the House. I messenger and as she plans to embark other party, the same kinds of prom- have met with the gentleman from upon a well-deserved retirement. ises are being made. The same kinds of Texas [Mr. ARMEY], the majority lead- Lenny has been truly instrumental in institutional forces are coming into er, on this issue. They have looked me ensuring the integrity of the page pro- play. The gentleman from New York in the eye and assured me that the gram. She has contributed immeas- promised lockbox would be available as lockbox will be coming to the floor be- urably to the education and sense of an amendment to an appropriations fore the August recess. public service of many young men and The gentleman from New York [Mr. bill. Now we are told that lockbox young women and the House certainly SOLOMON], chairman of the Rules Com- can’t come to the floor until after wishes her well. Congratulations. mittee, has guaranteed us a Thursday Labor Day—after the House has passed (By unanimous consent, Mr. HOYER hearing on the full bill. He has been a was allowed to speak out of order for 1 all its appropriations bills. vocal proponent of the lockbox and has Today, however, we can avoid that minute.) gone with us to every meeting so that scenario. We are asking Members to TRIBUTE TO LENORE DONNELLY we would not be on that proverbial help make the gentleman from New branch hanging out by ourselves. Mr. HOYER. I join the Speaker in his York’s commitment a reality. Today, a For those of my colleagues who are similar, kind remarks regarding Le- majority of this House can defeat the unaware of what the lockbox is, it is a nore Donnelly; as we affectionately bill and direct the Rules Committee to simple accounting mechanism to en- know her, Lenny. She is an extraor- make the bipartisan lockbox amend- sure that spending reductions made in dinary public official. Too often the ment in order. the House on appropriations bills are public does not see those who labor. As I said last week, Mr. Speaker, this applied toward deficit reduction and They see the people at the front desk is the lockbox. Look, it’s empty. It’s not inserted as additional spending on the television from time to time, empty despite more than $132 million later in the appropriations process. but there are so many others around in savings this body has voted in My friend, the gentlewoman from this Chamber who are absolutely criti- amendments to five appropriation California [Ms. HARMAN], knows the cal to the functioning of this organiza- bills. frustration of saving money in the tion, to the ensuring that we have the It’s empty because the Rules Com- process, to have it swept away by an- materials at our desks, the CONGRES- mittee has, at the direction of the other appropriator or another Member SIONAL RECORD at our desks. House leadership, again declined to of this Congress to help them in their We recruit and appoint, from all over recommend a rule making in order the districts. this country, young people to come Brewster-Harman lockbox amendment Mr. Speaker, we were elected to rep- here to learn about their democracy. I requiring spending cuts made to bills resent the entirety of the United have, and others have, the opportunity during floor debate be used solely for States of America. It is time that each to talk about our pages. But we put deficit reduction. Member of Congress stopped looking at into the hands of a few people the stew- And the lockbox will remain empty their district as the only thing they ardship of those pages and Lenny Don- unless my colleagues join in voting to have to be concerned about. If we are nelly is one of those people. defeat the previous question and the to save this Nation, it is going to take Mr. Speaker, you only need to talk to rule providing for consideration of the 435 dedicated men and women preserv- the pages to understand her vision for Treasury-Postal appropriations bill. ing this democracy and the fiscal free- them, the affection with which she is Let the will of majority rule this dom that this Nation deserves for itself held, and the respect with which she is House. and future generations. held by so many of them. Vote ‘‘no’’ on ordering the previous With the assurance from the chair- We want to tell Lenny at this point question and vote ‘‘no’’ on the rule. man, I rise in support of the rule. The in time, and there will be an oppor- Mr. DIAZ-BALART. Mr. Speaker, I newspapers carry stories we were going tunity over the next 24 hours to say yield 3 minutes to the distinguished to oppose the Treasury-Postal rule on some additional words, how very much gentleman from Florida [Mr. FOLEY], the floor today. But I am going to give all of us in this House appreciate the someone who has arrived recently in them this opportunity to prove me care and the commitment and con- the House and yet in the short time right, that the truth and the word of a tribution she has made to the function- that he has been here has already dis- Member is a bond to another Member. ing of this House. H 7088 CONGRESSIONAL RECORD — HOUSE July 18, 1995 Lenny has done an extraordinary in the world and who now simply move on this issue of closing the expatriate service for her country and an extraor- overseas and say, ‘‘Yeah, it was a great billionaire’s tax loophole. dinary service for this House. She has country and I earned a lot of money I have to say it slowly, because it is befriended all of us who serve here with from it, but I am not going to help pay a mouthful: The expatriate billion- her and we thank her so much for that. taxes.’’ aire’s tax loophole. What that means in Mr. BEILENSON. Mr. Speaker, I I am sure the gentleman from Ken- real English is that people who have yield 4 minutes to the gentleman from tucky [Mr. WARD] will speak about it succeeded, people who have inherited, Maryland [Mr. HOYER]. in the future; billionaires and other people who have benefited financially Mr. HOYER. Mr. Speaker, I think the wealthy Americans who have re- in an incredibly great way from the rule we have before us today is a mixed nounced their U.S. citizenship yet are success that this country offers people blessing. The rule is good because it no longer participating. and have become so wealthy, they have does not include a number of legisla- Mr. Speaker, because of these incon- become so wealthy that it is economi- tive riders that should be debated on sistencies, I regret that I am not going cally valuable to them to renounce other bills. The Committee on Rules to be able to support this rule and I their citizenship are doing so. It is not has decided not to make these in order, will oppose the previous question. I am hundreds, but it is dozens and it is an and I hope it will set an example, hopeful that that will lose and that incredible thing to me. frankly, for other bills. We are debat- then we can offer an alternative rule Mr. Speaker, I ask myself when I ing, right now, the VA–HUD bill, which which will give us an opportunity to think of this issue, and I ask those in is replete, a third of the bill is author- consider items which are legitimately the body to think of it this way, can izing language, very frankly. within the purview of the appropria- they imagine, they are at home, they But, unfortunately, in an zeal to tions process and are not authorization are coming out of church or are at a bring the Treasury-Postal bill to the issues, such as whether we ought to grocery, somewhere in the neighbor- floor, the Committee on Rules has fund certain agencies. hood, and somebody says, ‘‘Mike, I failed to make in order a number of The perverseness of the rule that was haven’t seen you in a long time. Where amendments that I personally wanted adopted at the beginning of this session have you been?’’ Can my colleagues to propose. Although they meet the in effect gags Members, if the Commit- imagine saying, ‘‘Well, I had to take up criteria for an appropriation bill, they tee on Rules chooses to not protect residence in the Bahamas, because I do not meet the technical qualifica- them, whenever an appropriation com- wanted to save on my taxes; I have re- tions of the new House rule. mittee decides to eliminate an agency. nounced my citizenship’’? It seems to me that this is inappro- Clearly, Members ought to have the op- priate, because they dealt with action portunity to come back and say, ‘‘No, Mr. Speaker, I do not think any who taken on appropriations issues within we ought to restore that agency and are listening today can imagine saying the committee. have that debate.’’ Under the cir- that, but that is what people are doing. For instance, I had hoped to offer an cumstances of this rule, we will not be All we are asking, as we have asked 12 amendment to restore funds for the able to do that. times before, all we are asking is that Council of Economic Advisers, the Mr. Speaker, I will have a lot to say, they pay their fair share of taxes. CEA. The Council of Economic Advis- of course, on the substance of the bill We are not asking them to pay extra. ers is a critical agency which advises when and if we get there. But I regret, Gracious no. We are not asking them the President. It was zero-funded in our Mr. Speaker, that I will not be able to to go beyond what others are doing. We bill. support this particular rule. are saying: Pay your fair share. Do This rule, unfortunately, because of Mr. DIAZ-BALART. Mr. Speaker, at what is right, what is expected of you the new rule dealing with titles, makes this time, I do not believe we have any as a citizen, to share in the obligations me unable, because there is no lan- other speakers on this side of the aisle, we have, really, in return for the suc- guage in the bill, to even offer the and I reserve the balance of my time. cess that the greatest economic power amendment to have the policy judg- Mr. BEILENSON. Mr. Speaker, yield offers us. ment before this House as to whether 4 minutes to the gentleman from Ken- Mr. Speaker, the reason I need an or not we ought to restore funding, tucky [Mr. WARD]. extra minute is to say that this is the that is an appropriation, for the Coun- Mr. WARD. Mr. Speaker, before I 13th time that this issue has been cil of Economic Advisers. It seems to begin my remarks on this issue, I want brought up. The 13th time that the me that that is right on point on this to join with my colleague, the gen- Members of this body have had an op- bill and ought to be allowed. Unfortu- tleman from Maryland [Mr. HOYER], in portunity, in one form or another, to nately, the Committee on Rules saw fit talking about Lenny Donnelly. As a deal with this issue and do what is not to allow that amendment. new member, she has been helpful and right. In addition, the agency responsible kind and generous with her time and So what I am asking my colleagues for monitoring Federal mandates, the with her advice and she is back doing it to do today is to vote ‘‘no’’ on the pre- Advisory Commission on Intergovern- again now. vious question and to consider that a mental Relations, was also eliminated Mr. Speaker, I want to add my vote on the issue of making sure that and it is not in order for me to suggest thoughts, my comments, to what the billionaires do not renounce their citi- the restoration of that. gentleman from Maryland [Mr. HOYER] zenship without paying their fair Mr. Speaker, I understand neither of has said. There are many people who share. A ‘‘no’’ on the previous question these provisions are made in order work here who were not elected to will put us all on record on this issue. under the rule. I will, however, con- work here and maybe could find jobs tinue to press for the approval for both where they got to go home at night. Mr. BEILENSON. Mr. Speaker, I of these important areas of government But Ms. Donnelly, Lenny, as of yield 3 minutes to the gentleman from as this process moves forward. course we know her, has been here. She Oklahoma [Mr. BREWSTER]. Mr. Speaker, I am also disappointed has stayed and she has worked and she (Mr. BREWSTER asked and was that the Committee on Rules did not has made a fine contribution to this given permission to revise and extend make in order an amendment by the body and to this Nation and for that I his remarks.) gentleman from Kentucky [Mr. WARD] think we all owe her a special debt of Mr. BREWSTER. Mr. Speaker, the to close a loophole in the so-called bil- appreciation. House this year has already passed lionaires tax. The amendment of the Mr. Speaker, I rise today to speak in amendments equalling over $132 mil- gentleman from Kentucky [Mr. WARD] favor of voting against the previous lion in savings. Most of those so-called would have given the Secretary of the question and against the rule. I say it savings have already been swept up by Treasury the authority to collect taxes that way because what I think Mem- the Appropriations Committee for ad- from individuals who have renounced bers need to understand is that today’s ditional spending. Just last week the their U.S. citizenship; billionaires prof- vote on the previous question is the Appropriations Committee reallocated iting from being Americans in the only way, the only opportunity we can over $800 million in savings for addi- greatest economic free-market system get the Members of this body on record tional spending. July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7089 The Brewster-Harman lockbox amendments I just mentioned, a Brew- ‘‘(b) Whenever the Committee on Appro- amendment to the Treasury-Postal ap- ster amendment to apply the lockbox priations of either House reports an appro- propriations bill would capture all sav- to all appropriations bills, not just the priation bill, that bill shall contain a line ings achieved from cuts not only from 13 general appropriations bills, the item entitled ‘Deficit Reduction Account’ comprised of the following: this year, but in the years to come. amendment by the gentleman from ‘‘(1) Only in the case of the first appropria- This morning I have learned that the Kentucky [Mr. WARD] to authorize the tion bill considered following enactment of Rules Committee has scheduled a IRS to collect taxes from former Amer- this resolution, an amount equal to the markup for the lockbox on Thursday. I ican citizens who renounce citizenship amounts by which the discretionary spend- commend the committee for also rec- in order to avoid paying taxes, and, fi- ing limit for new budget authority and out- ognizing the urgency and importance nally, the Schroeder amendment to lays set forth in the most recent Office of of the lockbox. make all Americans eligible to partici- Management and Budget sequestration pre- But, I would point out that the pate in the Federal employees’ health view Report pursuant to section 601(a)(2) ex- ceed the section 602(a) allocation for the fis- longer we wait to attach the lockbox to benefits plan. cal year covered by that bill and the amount an appropriations bill, the more sav- I urge defeat of the previous question by which the appropriate 602(b) allocation of ings we lose, and the more difficult it so these good amendments can be made new budget authority for appropriations bills becomes to ensure the lockbox’s pas- in order. adopted by the House prior to enactment of sage in the Senate. Mr. Speaker, I am including at this this resolution exceeded the amount of new I urge the Rules Committee to make point in the RECORD the amendments budget authority provided by such bill. a commitment today to bring the that we proposed, as follows: ‘‘(2) Only in the case of any general appro- priation bill (or resolution making continu- lockbox to the floor as an amendment At the end of the resolution add the follow- ing appropriations (if applicable)), an ing: to a appropriations bill before the Au- amount not to exceed the amount by which (a) clause 4(a) of rule XI of the Rules of the gust recess. We cannot continue to the appropriate section 602(b) allocation of House of Representatives is amended by add- wait any longer to make sure the cuts new budget authority exceeds the amount of ing at the end the following new subpara- we make on the floor directly to deficit new budget authority provided by that bill graph: reduction. ‘‘(4)(A) Upon the engrossment in the House (as reported by that committee). ‘‘(3) Only in the case of any bill making I have worked with many Members of of any general appropriation bill (or resolu- supplemental appropriations following en- both sides of the aisle over the last 2 tion making continuing appropriations (if actment of all general appropriation bills for years on the lockbox. And, every Mem- applicable)), the chairman of the Committee the same fiscal year, an amount not to ex- on Appropriations shall— ber I have worked with agrees that sav- ceed the amount by which the section 602(a) ings from floor amendments should not ‘‘(i) reduce the suballocation of new budget authority to the appropriate subcommittee allocation of new budget authority exceeds be swallowed up and spent later. It the sum of all new budget authority provided must go to deficit reduction. of that committee made under section 602(b)(1) of the Congressional Budget Act of by appropriation bills enacted for that fiscal Mr. Speaker, I urge this House to 1974 by the net amount of reductions in new year plus that supplemental appropriation bring the lockbox to the floor today, budget authority resulting from amend- bill (as reported by that committee). and allow Members to offer amend- ments agreed to by the House to that bill, ‘‘(e) Whenever a Member of either House of ments to the lockbox. Let’s have a fair and Congress offers an amendment (whether in and open debate of this House about ‘‘(ii) reduce the suballocation of outlays subcommittee, committee, or on the floor) to an appropriation bill to reduce spending, the merits of the lockbox while we still made under section 602(b)(1) of the Congres- sional Budget Act of 1974 to the appropriate that reduction shall be placed in the deficit have the chance to make it apply to reduction lock-box unless that Member indi- this fiscal year. subcommittee of that committee by the net amount of reductions in outlays resulting cates that it is to be utilized for another pro- Vote against this rule, and bring from amendments agreed to by the House to gram, project, or activity covered by that back the lockbox for floor debate that bill, bill. If the amendment is agreed to and the reduction was placed in the deficit reduction today. and promptly report those revisions to the Mr. DIAZ-BALART. Mr. Speaker, I lock-box, then the line item entitled ‘Deficit House. Reduction Lock-box’ shall be increased by reserve the balance of my time. ‘‘(B) The reductions in suballocations made the amount of that reduction.’’. under subdivision (A) may not be reallocated Mr. BEILENSON. Mr. Speaker, I Sec. 3 yield myself such time as I may by the Committee on Appropriations to any All points of order are waived against the consume. other subcommittee. following amendments: ‘‘(C) In the House of Representatives, the Mr. Speaker, I urge a ‘‘no’’ vote on 1. An amendment to be offered by Rep- revised suballocations made under subdivi- resentative SCHROEDER of Colorado or her the previous question. If the previous sion (A) shall be deemed to be suballocations designee. question is defeated, we shall offer an made under section 602(b)(1) of the Congres- Page 84, after line 17, insert the following: amendment to the rule that will add sional Budget Act of 1974.’’. SEC. 618. PROVISIONS TO MAKE FEHBP two new sections to the rule. The effect (b) Clause 4(b) of rule XI of the Rules of the AVAILABLE TO THE GENERAL PUBLIC.—(a) IN House of Representatives is amended by add- would be, first, to incorporate the GENERAL.—(1) Chapter 89 of title 5, United ing at the end the following new sentence: Brewster-Harman lockbox amendments States Code, is amended by adding at the end ‘‘Upon the reporting of revised into House rules; and to make in order the following: three amendments to the Treasury- suballocations to the House by the Commit- tee on Appropriations under paragraph (a), ‘‘§ 8915. Provisions to require that benefits be Postal appropriations bill: The Brew- the chairman of the Committee on the Budg- extended to the general public ster amendment to the bill, the Ward et shall make appropriate revisions in the al- ‘‘(a) A contract may not be made or a plan amendment and the Schroeder amend- locations to the Committee on Appropria- approved unless the carrier agrees to offer to ment, all of which I alluded to in my tions to reflect the revised suballocations the general public, throughout each term for opening statement. and report those revisions to the House. In which the contract or approval remains ef- the House of Representatives, those revised fective, the same benefits (subject to the b 1115 allocations shall be deemed to be allocations same maximums, limitations, exclusions, The new section 2 of the rule would made under section 602(a)(1) of the Congres- and other similar terms or conditions) as amend House rules to do three things: sional Budget Act of 1974.’’. would be offered under such contract or plan (c) Rule XXI of the Rules of the House of to employees and annuitants and their fam- First, reduce the 602(a) and 602(b) allo- Representatives is amended by adding at the ily members. cation in the House to reflect any end the following new clause: ‘‘(b)(1) Premiums for coverage under this amendments adopted by the House to ‘‘9. (a) Any appropriation bill that is being section shall be established in conformance cut Federal spending; second, to create marked up by the Committee on Appropria- with such requirements as the Office of Per- a lockbox, to require all spending cuts tions (or a subcommittee thereof) of either sonnel Management shall be regulation pre- made during the remainder of this House shall contain a line item entitled ‘Def- scribe, including provisions to ensure con- year’s appropriations cycle to deficit icit Reduction Lock-box’. The dollar amount formance with generally accepted standards reduction; and, third, to retroactively set forth under that heading shall be an and practices associated with community amount not to exceed the amount by which rating. lock in any spending cuts made in the the appropriate 602(b) allocation of new ‘‘(2) In no event shall the enactment of this House so far this year. budget authority exceeds the amount of new section result in— The new section 3 of the rule would budget authority provided by that bill as re- ‘‘(A) any increase in the level of individual waive points of order against three ported by that committee. or Government contributions required under H 7090 CONGRESSIONAL RECORD — HOUSE July 18, 1995 section 8906 or any other provision of this (2) For the purpose of this subsection, the either House shall contain a line item enti- chapter, including copayments or term ‘‘covered health care services’’ means tled ‘Deficit Reduction Lock-box’. deductibles; any care, treatment, or other service for ‘‘(b) Whenever the Committee on Appro- ‘‘(B) any decrease in the types of benefits which the individual who receives such serv- priations of either House reports an appro- offered under this chapter; or ice has coverage under chapter 89 of title 5, priation bill, that bill shall contain a line ‘‘(C) any other change that would ad- United States Code. item entitled ‘Deficit Reduction Account’ versely affect the coverage afforded under (3)(A) The demonstration project shall be comprised of the following: this chapter to employees and annuitants conducted as a demonstration project under ‘‘(1) Only in the case of any general appro- and their family members. section 4703 of title 5, United States Code. priation bill containing the appropriations ‘‘(c) Benefits under this section shall, with (B) In developing a plan for such project for Treasury and Postal Service (or resolu- respect to an individual who is entitled to under section 4703 of title 5, United States tion making continuing appropriations (if benefits under part A of title XVIII of the Code, the Office shall include (in addition to applicable)), an amount equal to the Social Security benefits) to the same extend any information otherwise required)— amounts by which the discretionary spend- and in the same manner as if coverage were (i) suggestions for incentives that may be ing limit for new budget authority and out- under the preceding provisions of this chap- offered in order to obtain the voluntary par- lays set forth in the most recent OMB se- ter, rather than under this section. ticipation of enrollees, such as reductions in questration preview report pursuant to sec- ‘‘(d)(1)A carrier may file an application premiums, copayments, or deductibles; tion 601(a)(2) exceed the section 602(a) alloca- with the Office setting forth reasons why it, (ii) the criteria for identifying the types of tion for the fiscal year covered by that bill. or a plan provided by such carrier, should be health benefit plans which are appropriate ‘‘(2) Only in the case of any general appro- excluded from the requirements of this sec- for inclusion, and the procedures and condi- priation bill (or resolution making continu- tion. tions in accordance with which any such ing appropriations (if applicable)), an ‘‘(2) In reviewing any such application, the plan may participate; amount not to exceed the amount by which Office may consider such factors as— (iii) the general framework for arbitration, the appropriate section 602(b) allocation of ‘‘(A) any bona fide enrollment restrictions including (to the extent the Office considers new budget authority exceeds the amount of which would make the application of this appropriate) methods for the selection of ar- new budget authority provided by that bill section inappropriate, including those com- bitrators, length of hearings, and limitations (as reported by that committee), but not less mon to plans which are limited to individ- on damages; and than the sum of reductions in budget author- uals having a past or current employment (iv) the effect of an award resulting from ity resulting from adoption of amendments relationship with a particular agency or the arbitration process, and the extent to in the committee which were designated for other authority of the Government; which review of such an award may be ob- deficit reduction. ‘‘(B) whether compliance with this section tained. ‘‘(3) Only in the case of any bill making would jeopardize the financial solvency of (4) The evaluation required under section supplemental appropriations following en- the plan or carrier, or otherwise compromise 4703(h) of title 5, United States Code, with re- actment of all general appropriation bills for its ability to offer health benefits under the spect to the demonstration project shall in- the same fiscal year, an amount not to ex- preceding provisions of this chapter; and clude data and analysis relating to matters ceed the amount by which the section 602(a) ‘‘(C) the anticipated duration of the re- such as— allocation of new budget authority exceeds quested exclusion, and what efforts the plan (A) the number of claims brought for arbi- the sum of all new budget authority provided or carrier proposes to take in order to be tration; by appropriation bills enacted for that fiscal able to comply with this section. (B) how those claims were disposed of year plus that supplemental appropriation ‘‘(e) Except as the Office may be regulation (whether by settlement, hearing, or other- bill (as reported by that committee). prescribe, any reference to this chapter (or wise), and the percentage of the total num- ‘‘(c) It shall not be in order for the Com- any requirement of this chapter), made in ber of claims represented by each; mittee on Rules of the House of Representa- any provision of law, shall not be considered tives to report a resolution that restricts the to include this section (or any requirement (C) the average dollar amount of those awards or settlements; offering of amendments to any appropriation of this section).’’. bill adjusting the level of budget authority (2) The table of sections for chapter 89 of (D) the various costs involved in connec- tion with those claims; and contained in a Deficit Reduction Account. title 5, United States Code, is amended by ‘‘(d) Whenever a Member of either House of adding at the end the following: (E) the advantages and disadvantages of arbitration, relative to other methods of dis- Congress offers an amendment (whether in ‘‘8915. Provisions to require that benefits be pute resolution, and the extent to which ar- subcommittee, committee, or on the floor) extended to the general pub- bitration should continue to be used under to an appropriation bill to reduce spending, lic.’’. chapter 89 of such title. that reduction shall be placed in the deficit reduction lock-box unless that Member indi- (b) STANDARDIZED CLAIMS PROCESSING.— (e) APPLICABILITY.—The amendments made Section 8902 of title 5, United States Code, is by this section shall apply with respect to cates that it is to be utilized for another pro- amended by adding at the end the following: contract terms beginning after the end of the gram, project, or activity covered by that ‘‘(o) A claim for payment or reimburse- 6-month period beginning on the date of the bill. If the amendment is agreed to and the ment under this chapter (whether electronic enactment of this Act. reduction was placed in the deficit reduction or otherwise) shall be submitted on such a 2. An amendment to be offered by Rep- lock-box, then the line item entitled ‘Deficit standard form or in such a standard manner resentative WARD of Kentucky or his des- Reduction Lock-box’ shall be increased by as may be required by the Office in relation ignee. the amount of that reduction. Any amend- to health benefit plans. Each contract under On page 84, following line 17, insert the fol- ment pursuant to this subsection shall be in this chapter shall include appropriate provi- lowing provision: order even if amendment portions of the bill sions to carry out the preceding sentence.’’. SEC. 664. The Secretary of the Treasury or are not read for amendment with respect to (c) ADVANCE DIRECTIVES.—Section 8907 of a designee of the Secretary of the Treasury the Deficit Reduction Lock-box. title 5, United States Code, is amended by is hereby granted the authority to collect ‘‘(e) It shall not be in order in the House of adding at the end the following: taxes in the manner prescribed under the Representatives or the Senate to consider a ‘‘(c) The Office shall— provisions of H.R. 1535, which provides tax conference report or amendment of the Sen- ‘‘(1) prepare information relating to the rules on expatriation. ate that modifies any Deficit Reduction use of advance directives regarding the type 3. An amendment to be offered by Rep- Lock-box provision that is beyond the scope or intensity of care which an individual de- resentative BREWSTER of Oklahoma or Rep- of that provision as so committed to the con- sires in the event that such individual be- resentative HARMAN of California or their ference committee. comes unable to communicate by reason of designee. ‘‘(f) It shall not be in order to offer an incapacity due to illness or injury; and At the end add the following new title: amendment increasing the Deficit Reduction ‘‘(2) require, as a condition for approval of Lock-box Account unless the amendment in- any contract under section 8902, that appro- TITLE VII—DEFICIT REDUCTION LOCK- creases rescissions or reduces appropriations priate provisions be included so that such in- BOX by an equivalent or larger amount, except formation may be made available to enroll- DEFICIT REDUCTION TRUST FUND that it shall be in order to offer an amend- ees of the plan involved.’’. DEFICIT REDUCTION LOCK-BOX PROVISIONS OF ment increasing the amount in the Deficit (d) DEMONSTRATION PROJECT TO EXAMINE APPROPRIATION MEASURES Reduction Lock-box by the amount that the THE FEASIBILITY OF OFFERING FEHBP EN- appropriate 602(b) allocation of new budget SEC. 701. (a) DEFICIT REDUCTION LOCK-BOX ROLLEES THE OPTION OF USING ARBITRATION authority exceeds the amount of new budget PROVISIONS.—Title III of the Congressional INSTEAD OF LITIGATION TO RESOLVE MEDICAL Budget Act of 1974 is amended by adding at authority provided by that bill. MALPRACTICE CLAIMS.—(1) The Office of Per- ‘‘(g) It shall not be in order for the Com- the end the following new section: sonnel Management shall conduct a dem- mittee on Rules of the House of Representa- onstration project to assess the feasibility ‘‘DEFICIT REDUCTION LOCK-BOX PROVISIONS OF tives to report a resolution which waives and desirability of offering the use of arbi- APPROPRIATION BILLS subsection (c).’’. tration, instead of litigation, to resolve med- ‘‘SEC. 314. (a) Any appropriation bill that is (b) CONFORMING AMENDMENT.—The table of ical malpractice claims arising out of cov- being marked up by the Committee on Ap- contents set forth in section 1(b) of the Con- ered health care services. propriations (or a subcommittee thereof) of gressional Budget and Impoundment Control July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7091 Act of 1974 is amended by inserting after the sional Budget Act of 1974 is amended by Pursuant to the provisions of clause 5 item relating to section 313 the following striking ‘‘or revised’’. of rule XV, the Chair announces that new item: CBO TRACKING he will reduce to a minimum of 5 min- ‘‘Sec. 314. Deficit reduction lock-box provi- SEC. 704. Section 202 of the Congressional utes the period of time within which a sions of appropriation meas- Budget Act of 1974 is amended by adding at vote by electronic device, if ordered, ures.’’. the end the following new subsection: will be taken on the question of pas- CHANGES IN SUBALLOCATIONS ‘‘(i) SCOREKEEPING.—To facilitate compli- sage of the resolution. SEC. 702. (a) DOWNWARD ADJUSTMENTS.— ance by the Committee on Appropriations The discretionary spending limit for new with section 314, the Office shall score all The vote was taken by electronic de- budget authority for any fiscal year set forth general appropriation measures (including vice, and there were—yeas 232, nays in section 601(a)(2) of the Congressional conference reports) as passed by the House of 192, not voting 10, as follows: Budget Act of 1974, as adjusted in strict con- Representatives, as passed the Senate and as [Roll No. 516] formance with section 251 of the Balanced enacted into law. The scorecard shall include YEAS—232 Budget and Emergency Deficit Control Act amounts contained in the Deficit Reduction of 1985, shall be reduced by the amount of Lock-Box. The chairman of the Committee Allard Frisa Myrick budget authority transferred to the Deficit on Appropriations of the House of Represent- Archer Funderburk Nethercutt Reduction Lockbox for that fiscal year under atives or the Senate, as the case may be, Armey Gallegly Neumann section 314 of the Budget Control and Im- Bachus Ganske Ney shall have such scorecard published in the Baker (CA) Gekas poundment Act of 1974. The adjusted discre- Norwood Congressional Record.’’. Baker (LA) Gilchrest Nussle tionary spending limit for outlays for that Ballenger Gillmor Oxley fiscal year and each outyear as set forth in Mr. Speaker, I yield back the balance of my time. Barr Gilman Packard such section 601(a)(2) shall be reduced as a Barrett (NE) Goodlatte Parker result of the reduction of such budget au- Mr. DIAZ-BALART. Mr. Speaker, I Bartlett Goodling Paxon thority, as calculated by the Director of the yield myself such time as I may Barton Goss Petri Office of Management and Budget based upon consume. Bass Graham Pombo such programmatic and other assumptions Bateman Greenwood Porter Mr. Speaker, I have enjoyed today’s Bereuter Gunderson set forth in the joint explanatory statement Portman debate. I think it is important to em- Bilbray Gutknecht Pryce of managers accompanying the conference Bilirakis Hancock phasize, to recall that what we are Quillen report on that bill. All such reductions shall Bliley Hansen Quinn occur within ten days of enactment of any bringing forth this morning is the rule Blute Hastert Radanovich to guide the debate on the appropria- Boehlert Hastings (WA) appropriations bill. Ramstad Boehner Hayworth (b) DEFINITION.—As used in this section, tions bill for the Treasury Department, Regula the term ‘‘appropriation bill’’ means any the Postal Service and the Office of the Bonilla Hefley Bono Heineman Riggs general or special appropriation bill, and any President. This is not a tax bill. This is Roberts bill or joint resolution making supple- Brownback Herger the appropriations bill for those agen- Bryant (TN) Hilleary Rogers mental, deficiency, or continuing appropria- Rohrabacher cies of the Federal Government. Bunn Hobson tions. Bunning Hoekstra Ros-Lehtinen (c) RESCISSION.—Funds in the Deficit Re- With regard to the lockbox issue that Burr Hoke Roth duction Lockbox shall be rescinded upon re- was debated, I think very well and at Burton Horn Roukema ductions in discretionary limits pursuant to length, I would simply like to remind Buyer Hostettler Royce Salmon subsection (a). Members that day after tomorrow the Callahan Houghton Calvert Hunter Sanford SEC. 703. (a) SECTION 302(E) AMENDMENT.— Committee on Rules will hold a mark- Section 302(e) of the Congressional Budget Camp Hutchinson Saxton Scarborough Act of 1974 is amended to read as follows: up precisely on the issue of the Canady Hyde Castle Inglis Schaefer ‘‘(e) CHANGES IN SUBALLOCATIONS.—(1) lockbox. There is specific legislation to Chabot Istook Schiff After a committee reports suballocations address that issue that has been Chambliss Johnson (CT) Seastrand under subsection (b), that committee may worked on at considerable length that, Chenoweth Johnson, Sam Sensenbrenner report a resolution to its House changing its of course, is always improvable but Christensen Jones Shadegg House changing its suballocations, which that we feel confident achieves the pur- Chrysler Kasich Shaw resolution shall not take effect unless adopt- Clinger Kelly Shays ed by that House. poses that those who have worked so Coble Kim Shuster ‘‘(2) A resolution reported to the House of hard on this issue propose to achieve, Coburn King Skeen Representatives under paragraph (1) shall be and so we will be dealing with that Collins (GA) Kingston Smith (MI) Combest Klug Smith (NJ) placed on the Union Calendar and be privi- issue with specific legislation that will Cooley Knollenberg leged for consideration in the Committee of Smith (TX) be marked up in the Committee on Cox Kolbe Smith (WA) the Whole after the report on the resolution Rules, as the chairman of the commit- Crane LaHood Solomon has been available to Members for a least tee has committed to the day after to- Crapo Largent Souder three calendar days (excluding Saturday, Cremeans Latham morrow. Spence Sundays and legal holidays). After general Cubin LaTourette Stearns debate which shall not exceed one hour to be So this rule, Mr. Speaker, for the de- Cunningham Laughlin Stockman Davis Lazio equally divided and controlled by the chair- liberation, the debate on the appropria- Stump Deal Leach Talent man and ranking minority member of the tions legislation, the appropriations DeLay Lewis (CA) Tate committee reporting the resolution, the res- bill for the Treasury, the Postal Serv- Diaz-Balart Lewis (KY) Taylor (NC) olution shall be considered for amendment Dickey Lightfoot ice and the Office of the President, as I Thomas under the five-minute rule. No amendment Doolittle Linder stated before, is an open rule. It is a Thornberry shall be in order in the House or in the Com- Dornan Livingston fair rule. I would urge my colleagues to Tiahrt mittee of the Whole Except amendments in Dreier LoBiondo support it. Duncan Longley Torkildsen the nature of a substitute containing Traficant Mr. Speaker, I yield back the balance Dunn Lucas changes in suballocations under subsection Ehlers Manzullo Upton (b) which do not breach any allocation made of my time, and I move the previous Ehrlich Martini Vucanovich under subsection (a). Priority in recognition question on the resolution. Emerson McCollum Walker for offering the first such amendment shall The SPEAKER pro tempore (Mr. English McCrery Walsh Ensign McDade Wamp be accorded to the chairman of the Commit- BARRETT of Nebraska). The question is tee on the Budget or a designee. No amend- Everett McHugh Watts (OK) on ordering the previous question. Weldon (FL) ments to such amendments shall be in order Ewing McInnis The question was taken; and the Fawell McIntosh Weldon (PA) except substitute amendments. Following Speaker pro tempore announced that Fields (TX) McKeon Weller the consideration of the resolution for Flanagan Metcalf White amendment, the Committee shall rise and the ayes appeared to have it. Foley Meyers Whitfield report the resolution to the House together Mr. BEILENSON. Mr. Speaker, I ob- Forbes Mica Wicker with any amendment that may have been ject to the vote on the ground that a Fowler Miller (FL) Wolf adopted. The previous question shall be con- quorum is not present and make the Fox Molinari Young (AK) sidered as ordered on the resolution to final Franks (CT) Moorhead Young (FL) point of order that a quorum is not Franks (NJ) Morella Zeliff adoption without intervening motion. It present. Frelinghuysen Myers Zimmer shall not be in order to consider a motion to The SPEAKER pro tempore. Evi- reconsider the vote by which the resolution NAYS—192 dently a quorum is not present. is agreed to or disagreed to.’’. Abercrombie Baesler Barrett (WI) (b) SECTION 602(B)(1) AMENDMENT.—The last The Sergeant at Arms will notify ab- Ackerman Baldacci Becerra sentence of section 602(b)(1) of the Congres- sent Members. Andrews Barcia Beilenson H 7092 CONGRESSIONAL RECORD — HOUSE July 18, 1995 Bentsen Hamilton Owens GENERAL LEAVE ity. That number has been shown in Berman Harman Pallone Bevill Hastings (FL) Pastor Mr. LIGHTFOOT. Mr. Speaker, I ask various charts and reflects a compari- Bishop Hayes Payne (NJ) unanimous consent that all Member son of H.R. 2020 to 1995 assuming enact- Bonior Hefner Payne (VA) may have 5 legislative days in which to ment of the rescission supplemental. Borski Hilliard Pelosi The reason this number looks so high Boucher Hinchey Peterson (FL) revise and extend their remarks on the Brewster Holden Peterson (MN) bill (H.R. 2020) making appropriations is quite simple. H.R. 1944 includes a re- Browder Hoyer Pickett for the Treasury Department, the U.S. scission of $580 million from GSA’s Brown (FL) Jackson-Lee Pomeroy Postal Service, the Executive Office of Federal Building Fund. As the number Brown (OH) Jacobs Poshard Bryant (TX) Jefferson Rahall the President, and certain independent for 1995 comes down, the number for Cardin Johnson, E. B. Reed agencies, for the fiscal year ending 1996 simply looks bigger. Chapman Johnston Rivers September 30, 1996, and for other pur- The fact is, the bill is actually a cut Clay Kanjorski Roemer in outlays, and that is a real cut in Clayton Kaptur Rose poses, and that I may be permitted to Clement Kennedy (MA) Roybal-Allard include tabular and extraneous mate- spending by about $403 million. There Clyburn Kennedy (RI) Rush rial. seems to be a lack of understanding or Coleman Kennelly Sabo The SPEAKER pro tempore. Is there misunderstanding about the difference Collins (IL) Kildee Sanders between budget authority and outlays Condit Kleczka Sawyer objection to the request of the gen- Conyers Klink Schroeder tleman from Iowa? among some of our colleagues, particu- Costello LaFalce Schumer There was no objection. larly some of our newer Members. The Coyne Lantos Scott f fact is, outlays are the money that is Cramer Levin Serrano spent. It is quite simple. If you can cut Danner Lewis (GA) Sisisky TREASURY, POSTAL SERVICE, AND de la Garza Lincoln Skaggs outlays, you cut actual spending. We DeFazio Lipinski Skelton GENERAL GOVERNMENT APPRO- are cutting $403 million in actual DeLauro Lofgren Slaughter PRIATIONS ACT, 1996 spending; these are dollars that will Dellums Lowey Spratt Deutsch Luther Stark The SPEAKER pro tempore. Pursu- not be spent. That is the number that Dicks Maloney Stenholm ant to House Resolution 190 and rule counts in deficit reduction, not budget Dingell Manton Stokes XXIII, the Chair declares the House in authority, because budget authority is Dixon Markey Studds the Committee of the Whole House on Doggett Martinez Stupak simply authority to spend the money. Dooley Mascara Tanner the State of the Union for the consider- Until you spend it, it does not really Doyle Matsui Tauzin ation of the bill, H.R. 2020. count for anything. Durbin McCarthy Taylor (MS) As a result, I would like to remind Edwards McDermott Tejeda b 1140 Engel McHale Thompson my colleagues the bill is within its sec- IN THE COMMITTEE OF THE WHOLE Eshoo McKinney Thornton tion 602(b) allocation in both budget Evans McNulty Thurman Accordingly the House resolved itself authority and outlays and there are no Farr Meehan Torres into the Committee of the Whole House Budget Act points of order against con- Fattah Meek Torricelli on the State of the Union for the con- Fazio Menendez Towns sideration of the bill. Fields (LA) Mfume Tucker sideration of the bill (H.R. 2020) mak- Mr. Chairman, I will insert a table in Filner Miller (CA) Vela´ zquez ing appropriations for the Treasury De- the RECORD that compares the bill by Flake Mineta Vento partment, the U.S. Postal Service, the Foglietta Minge Visclosky account to the amounts appropriated Frank (MA) Mink Volkmer Executive Office of the President, and in 1995 and the amounts requested by Frost Mollohan Ward certain independent agencies, for the the President. I would urge my col- Furse Montgomery Waters fiscal year ending September 30, 1996, leagues to look at this chart because, if Gejdenson Moran Watt (NC) and for other purposes, with Mr. Gephardt Murtha Waxman they review it, I think they will see Geren Nadler Williams DREIER in the chair. that each proposed spending level by Gibbons Neal Wilson The Clerk read the title of the bill. program is below the 1995 level in every Gonzalez Oberstar Wise The CHAIRMAN. Pursuant to the single instance, except for crimes, Gordon Obey Woolsey rule, the bill is considered as having Gutierrez Olver Wyden parts of IRS, and law enforcement ac- Hall (OH) Ortiz Wynn been read the first time. tivities. Hall (TX) Orton Yates Under the rule, the gentleman from I also would like to thank my col- Iowa [Mr. LIGHTFOOT] and the gen- league, the gentleman from Maryland NOT VOTING—10 tleman from Maryland [Mr. HOYER] [Mr. HOYER], and members of our sub- Brown (CA) Johnson (SD) Richardson will each be recognized for 30 minutes. committee, for their work in helping us Collins (MI) Moakley Waldholtz The Chair recognizes the gentleman Ford Rangel put this package together. I think it is Green Reynolds from Iowa [Mr. LIGHTFOOT]. (Mr. LIGHTFOOT asked and was important to note that about 90 per- cent of our budget was off limits. We b 1139 given permission to revise and extend his remarks.) could not touch it because it supports The Clerk announced the following Mr. LIGHTFOOT. Mr. Chairman, I salaries and fixed expenses. We had to pair: am pleased to present H.R. 2020, a bill make our contributions to deficit re- On this vote: making appropriations for the Depart- duction using only 10 percent of our al- location. The 602(b) number that we re- Mrs. Waldholtz for, with Mr. Moakley ment of Treasury, the Executive Office against. of the President, General Services Ad- ceived was a tough one, and we had to ministration, and various independent make some tough decisions in the proc- Mr. REED, Mr. BARCIA, Mrs. MEEK agencies for fiscal year 1996. The bill ess. I think that will be reflected in the of Florida, and Ms. VELA´ ZQUEZ being considered today was given a bill if people will take time to study changed their vote from ‘‘yea’’ to very appropriate number, H.R. 2020. and go through it. ‘‘nay.’’ Again I would like to thank the gen- Mrs. MEYERS of Kansas, Mr. NEY, b 1145 tleman from Maryland [Mr. HOYER] as and Mr. PORTMAN changed their vote We call it a bill with vision, starting well as the other subcommittee Mem- from ‘‘nay’’ to ‘‘yea.’’ with a strong vision for a future free of bers for their cooperation, and also the So the previous question was ordered. debt and deficits. This bill cuts $403 great work our staff has done in work- The result of the vote was announced million in real spending from 1995 en- ing through this very difficult bill. As reported, H.R. 2020 also has a vi- as above recorded. acted levels, and that is 3 percent less than last year. sion of change for programs that are The SPEAKER pro tempore (Mr. Mr. Chairman, a couple of points I under our jurisdiction. One that re- BARRETT of Nebraska). The question is would like to make about the spending quires agencies and activities to tight- on the resolution. portion of the bill that I think may be en their belts, to think better and The resolution was agreed to. of interest to some Members. smarter, and to use their resources A motion to reconsider was laid on There are claims that this bill is over more wisely. That vision includes the the table. 1995 by $401 million in budget author- Executive Office of the President. July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7093 Mr. Chairman, this is not a partisan ness, that produce work that can be ac- correctly, and the Federal Government measure, despite some attempts being complished by others parts of the gov- cannot stop in its tracks overnight. made to label it so. We have had a lot ernment or private sector, or simply It is a big train, and it has been mov- of years of runaway spending in this have a place in a leaner and stronger ing for a lot of years, and it cannot be body, and, as a result, everyone has government. stopped simply by throwing a brick shared in the wealth over the years. In many cases we found duplication. wall up in front of it. If we are going to Unfortunately, that has brought us to Where we found duplication, one of avoid a crash, what we have to do is the point we are at today, where every- those duplicates departed. We success- apply the brakes in a very slow, a very one is going to have to share in the fully terminated four agencies as a re- deliberate, and a very positive manner, pain of cutting back. That includes the sult of that process, for first year sav- to bring this runaway freight train Executive Office of the President as ings of $7.7 million and 5-year savings under control. well. of $40.8 million. Those four agencies are I remind my colleagues that the pro- The facts speak for themselves. We gone, nada, zero. They are zeroed out. grams and accounts funded in this bill held 42 hearings over a three month pe- They don’t exist anymore. There is serve specific constituencies and meet riod, including a week’s interruption. nothing partisan about it. Not even the specific statutory requirements. Public We heard from 174 witnesses, including termination of the Council of Eco- law requires us to do and fund certain members of the administration, the nomic Advisers. activities, the very activities that are private sector, and Members of Con- Mr. Chairman, to my critics who funded in this bill. gress. Everyone was given an oppor- claim that we are being partisan, I I would caution my colleagues who tunity to justify their requests for re- would simply say, think again. As we think this bill does not go far enough. sources in the upcoming fiscal year. prepared the bill, I did not sit down and Not all of our vision for change can be I would also say that, today, Mem- ponder what would be a strong partisan achieved in a year or a single appro- bers have had more than adequate time statement. I do not view myself as a priations bill. It takes longer than to take a look at what is in our pack- partisan individual. I spent my time a that. We have, I think, some well age. After subcommittee markup, it bit more constructively, and simply thought out plans to achieve a bal- laid out there for almost a week. I produced and pondered on what could anced budget over a period of 7 years, shared it with Mr. HOYER and our col- be and should be good Government. and you have to go about that in a very leagues on the minority side several Then we sat down and made the mark. deliberate fashion. This is step one out days before we went to subcommittee I will challenge my critics who say of six more steps to go in order to get markup. The full committee markup this bill goes too far as we debate H.R. there. has been available now for over a week. 2020 here today on the floor. Ironically, So I urge my colleagues to support And if people are running in here at the H.R. 2020 is also being criticized by the measure. This measure, with 20/20 last minute, I would say maybe we those who believe it does not go far vision, a healthy vision for agencies should take a look at some of the staff enough. under our jurisdiction, and a bill with work that is not being done by Mem- That is right. On the first hand we a vision for a future free of deficits for bers on both sides who are calling at are being criticized for going too far, our children and our grandchildren. the last minute saying ‘‘We didn’t and on the second hand, the measure is I would say, Mr. Chairman, that the know this.’’ There is no excuse. It has being criticized for not going far primary rule that we applied in looking been out there a long time and there enough. We have a lot of people angry, at everything that was in this particu- has been enough time for people to so that probably tells us we probably lar package was the notion that there take a look at it. have a pretty good bill. If we have ev- is a great difference between wanting In preparing this package, we eryone upset on all sides, it may be be- something and actually needing it. In a scrubbed the numbers, we looked at cause we are in the mode of making case where it was determined that an what was being requested, we looked at cuts. item was merely wanted, it has been agency accomplishments, their goals, But to our critics who say we have downsized or terminated. In a case and their plans for the future because not gone far enough, I would simply where it is a need item, we looked very that is an important part of the proc- say to them, stop and think. We need carefully at the needs. In some cases ess. We separated out programs that to be smart about the process. there are slight increases, particularly were merely those that were wanted This is a first step in a multiyear in the area of the Secret Service, which from programs that were truly needed. process, the bill we will consider today. is faced with an election cycle with se- After doing that, we sat down and We have taken programs, we have curity at the Olympics that are coming wrote the bill. merged their activities, and started a up at Atlanta. We tried to use some First and foremost, H.R. 2020 out- serious downsizing. Rome was not built common sense in putting this thing to- right terminates agencies and pro- in a day, nor did it burn down in a day. gether, and I very strongly urge my grams that have outlived their useful- I think it took 3 or 4, if I recall history colleagues to support the package. H 7094 CONGRESSIONAL RECORD — HOUSE July 18, 1995 July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7095 H 7096 CONGRESSIONAL RECORD — HOUSE July 18, 1995 July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7097 Mr. LIGHTFOOT. Mr. Chairman, I re- It was not that the appropriation pretty much at the administration’s serve the balance of my time. process got out of hand that led to the request. The IRS tax system mod- Mr. HOYER. Mr. Chairman, I yield substantial operating deficits during ernization has been accommodated myself such time as I may consume. the last decade. The fact of the matter under the administration’s new esti- Mr. Chairman, I thank the gentleman is entitlements have grown mate for fiscal year 1996. The commit- for yielding time. exponentially. The fact of the matter is tee bill also includes funding for tax Mr. Chairman, before I speak about that we have not come to grips with systems modernization at the Internal the specifics of the bill, I want to pay that, and if we do not come to grips Revenue Service. This broad effort to tribute to the gentleman from Iowa with it, very frankly, we are going to update all aspects of IRS’s computer [Mr. LIGHTFOOT]. This is his first year crowd out all discretionary spending, and processing systems is, Mr. Chair- as chairman of the committee. As I all investment spending, all of the de- man, a very high priority for our coun- said on a number of occasions, I would cisionmaking process in which we in- try. not have planned that he be chairman volve ourselves annually as to where to On the negative side, we have not of the committee, because it means, of apply the resources of our Nation. been able to proceed with the funding course, that I am not chairman of the In point of fact, Mr. Speaker, since of the IRS tax enforcement program off committee. But if we had to have a new 1953 until today, we have gone from budget and, therefore, have had to chairman and I was going to be re- spending approximately 18 percent of spread the program over 7 years, a de- placed, I am very thankful that it was our Gross Domestic Product in discre- cision with which I did not agree, do the gentleman from Iowa, [Mr. LIGHT- tionary spending, making decisions not agree now and which will cost us FOOT]. where to invest on defense and on the money. The gentleman is one of our finest domestic side, to where now less than 8 Mr. Chairman, you will recall that Members, he is a conscientious, effec- percent of our GDP at the Federal level last year we unanimously in a biparti- tive leader on his side of the aisle, and is spent on discretionary spending be- san fashion had agreement that we he is first an American who cares tween defense and nondefense discre- would fund the tax enforcement pro- about the efficiency and effectiveness tionary spending. gram off budget. Why? It was a $2 bil- of the application of the tax dollars of lion, 5-year initiative that would gain b our citizens. He is a pleasure to work 1200 us over $9 billion, in other words a $4 with, and I congratulate him for the Why do I make that preface? Because return for every dollar invested. CBO, work he has done to date. He has co- we are going to have on the floor per- OMB and the Congress agreed that it operated with the minority side and haps an amendment to cut this million made sense to put that off budget in with me individually each step of the dollars or $10 million or $20 million. light of the fact it was a money maker, way, and I would like to thank him for That is significant money, of course. not a money loser. that. But the fact of the matter is, it will However, we have not done that this I particularly want to thank the not solve the deficit. And it is not the year. In fairness to the chairman, how- staff, some of whom have been with the reason the deficit grew, notwithstand- ever, the administration suggested committee, and I want to say that they ing what the National Taxpayers Union that we put it on budget. Now, to the have also cooperated very closely with says on the voting on these individual, extent that it does appropriately and me individually and other members of sometimes small and sometimes sig- accurately reflect expenditures, that the minority side of the committee, nificant, dollar amendments. made sense. On the other hand, it and with our staffs. That cooperation, I The Treasury, Postal bill, Mr. Chair- forced the chairman and the commit- think, has helped the confidence that man, has been a hard bill to put to- tee to stretch this program over 7 each of us have in dealing with one an- gether for fiscal year 1996. Based on the years, and that will cost us revenues other. We have not agreed on every deck we have been dealt, however, with and make it difficult to administer at issue, but we are working coopera- our 602(b) allocation, it is an inad- the Treasury Department. tively together. equate allocation to fund the priorities Mr. Chairman, those are some of the Having said that, Mr. Chairman, let and responsibilities in this bill for law more positive aspects. Unfortunately, I me make an observation that I make enforcement, for tax collection and for and this side of the aisle are very con- almost every time I start to talk on an other matters. cerned about some aspects of this bill. appropriations bill. The American pub- In addition to law enforcement and I believe that there are a number of po- lic and our colleagues need to under- revenue collection, the Customs is also litical decisions. I know the chairman stand that we have a financial problem in this bill, and every American is wor- disagrees with that. He says these are at the Federal level. We have a deficit ried about the integrity of our borders. economic decisions, fiscal decisions, that must be dealt with. We have a def- Every American is worried about the but I believe we are making some polit- icit that has been growing. We have a commerce and the stealing of jobs from ical decisions in this bill which are deficit that is crowding out capital the U.S. workers. Customs plays a crit- wrong. The elimination of the Council funds for economic expansion. I am a ical role in that, and they are being of Economic Advisors, every head of supporter of the balance budget amend- sorely tested in terms of the resources the Council of Economic Advisors, an ment, because I believe we need an ex- that have been made available to them institution which advises the President trinsic constraint which will force us in this bill. on macroeconomic issues, an institu- and, yes, force the American public to Within the limited resources of which tion which everybody that I have make tough choices. I have just spoken, however, I think talked to says is one of the more objec- Having said that, Mr. Chairman, it is the chairman and the committee have tive, outside-of-government advisory important for us to realize that the ex- tried to do the best job possible in groups that we have in Government to pansion of Federal expenditures has funding the allocations of the agencies advise the President on macro- and not, and I underline has not, occurred under this bill. The $23.2 billion pro- micro-economic issues, this is criti- in the discretionary spending items vided in the bill is about $322 million cally important. The President, every over which the Committee on Appro- below the amount we appropriated last day, needs to confront issues which are priations has jurisdiction. In point of year and $1.8 billion below the amount impacted by his information and per- fact, as we have pointed out on a num- requested by the administration; in ception of what the macroeconomic ber of occasions, the Committee on Ap- other words, almost 10 percent below and microeconomic impacts are of de- propriations has appropriated less what the administration requested. cisions to be made by the White House. money than the Presidents have asked And I might say, of course, this bill is It is wrong to eliminate this agency for since 1981, and, indeed, even before divided about half discretionary spend- in the way it was done. There were no that. But particularly in the adminis- ing, half on the mandatory side in hearings. Now, I want to say that we trations of Mr. Reagan and Mr. Bush, terms of Federal retirement and Fed- cut the Administrative Conference of Presidents Reagan and Bush, we appro- eral employment health benefits. the United States the same way. I priated about $100 million less than On the positive side, Customs and though we were incorrect and we they asked for. law enforcement have been funded changed that decision. But the fact of H 7098 CONGRESSIONAL RECORD — HOUSE July 18, 1995 the matter is there were no hearings million. We then provide in this bill a Mr. Chairman, I reserve the balance which were directed at elimination of committee provision, protected under of my time. this agency. And every head, Repub- the rule language, which provides for Mr. LIGHTFOOT. Mr. Chairman, I lican and Democrat, for the last two an advisory committee on the man- yield myself such time as I may decades opposes this provision. dates which we have just eliminated consume. The most recent former administra- another agency to do. In other words, I would respond very briefly and tion head of the Council of Economic on the one hand we are going to have thank the gentleman from Maryland Advisors, Michael Boskin, has written money spent, $300-some-odd thousands for his kind words. When neither of us a letter opposing this provision, as to accomplish the purpose of an agency were chairman on this subcommittee, have Charlie Schultze and Herb Stein, that we are now doing away with. It we started to forge a working relation- CEA directors under President Nixon simply does not makes sense, in my ship and that has continued through and President Carter. opinion. both of us having the opportunity to Furthermore, Mr. Chairman, we have Mr. Chairman, I am pleased that the serve as chairman of the subcommit- cut the White House office. We have full Committee on Appropriations took tee. not cut it a great deal, but signifi- out a provision which was very fool- Quite frankly, there are certain cantly enough to adversely affect the ishly included by the Subcommittee on things that we have agreed to disagree ability of the White House to run its Treasury, Postal Service, and General upon and that is what this whole busi- shop. I will discuss this later in the Government at markup that would ness is all about. bill, but this is wrong. have provided background checks for We both realize it is important that In fact, from 1981 to 1992, under a rich felons so that they could have re- we get this spending bill through. It Democratic House and for the last 6 ceived approval to have their guns has to go through. We have to do it in years of that period, under a Demo- back. We had information at the sub- a manner that I think has some com- cratic Senate, we essentially accepted committee and the full committee that mon sense. Again, I appreciate his kind the White House’s request. For the last we brought out where you had mur- words and his cooperation as well. 2 years this President has been sub- derers reapplying for reinstatement of Mr. Chairman, one of those areas jected to cuts from the Republican side their privileges to have a gun and they that we agree to disagree on is the not based upon the finances of the of- were approved. That made no sense. No Council of Economic Advisers. We in fice but based upon, in my opinion, the taxpayer is asking me to spend their effect cut the offices of the White intent to impact adversely the politi- money to make sure that criminals get House about 1.8 percent. I would just cal independence of the President of their guns back. That does not make call to our colleagues’ attention that the United States to make policy judg- sense, and I am pleased that the chair- through the legislative branch appro- ment as he or she sees fit. man saw fit at the full committee to priation that went through the House, Mr. Chairman, that is wrong. There offer language to reinstate language in- we cut our own budgets there about 8 is not going to be an amendment of- cluded in our bill in 1992. That lan- percent. It is just part of the sharing fered, I understand, which will affect guage was good then, it is good now. concept, I think that is necessary as we the transportation of the White House. And I am pleased that the chairman move toward a balanced budget in 7 But there are too frequently now folks put it back in. years. who are willing to undermine the his- Mr. Chairman, I reserve the balance Finally, Mr. Chairman, I am con- torical, two-century comity between of my time. cerned that neither the President nor the President and the legislative Mr. HOYER. Mr. Chairman, I yield the committee has provided the full 5.9 branch in the Congress, where the back the balance of my time. percent increase that the Civil Service President says to the legislature, you Mr. LIGHTFOOT. Mr. Chairman, I is due as employment cost index and pass your budget, and I will pass mine. yield back the balance of my time. locality pay increases under the Fed- Neither will impact the other because Mr. LAZIO of New York. Mr. Chairman, I eral Employees Pay Comparability both of us have to go to the American rise in strong support of H.R. 2020, the FY Act. This was an act signed by Presi- public. 1996 Treasury Postal Service, and General I am not talking about the executive dent Bush in 1990. It tried to provide Government Appropriations Act. I particularly departments. I am talking about the and did provide for a rational way to would like to commend the chairman of the White House office. The Office of Man- compare the private sector and the Treasury, Postal Service, and General Gov- agement and Budget, and other execu- public sector and to make sure that ernment Appropriations Subcommittee, the our work force would be competitive tive branch offices were cut. I think gentleman from Iowa [Mr. LIGHTFOOT] and his that is unfortunate. We oppose that. and would be comparable to the private colleagues for their efforts in crafting this im- All reflect an initiative that is politi- sector. Unfortunately, the President portant legislation. cally aimed at the President. The Com- has only provided 2.4 percent in his rec- The bill contains $75.641 million in contin- mittee on Appropriations has honored ommendation. The bill is silent on this ued funding for a vitally important project in presidential requests, as I have said, in issue. And unless the President pro- my district on Long Island, the Central Islip the last period of time that I have been vides for a higher sum come August, Federal Courthouse. I deeply appreciate the on the committee. I have opposed cuts next month, that will be limited to 2.4 willingness of Chairman Lightfoot and the to President Reagan and President percent. other members of the subcommittee in work- Bush’s budget for exactly that reason. I will be discussing with the Presi- ing with me to meet this essential need. First Also, Mr. Chairman, there are cuts to dent, and I know others will, as to the announced by the General Services Adminis- the Federal Election Commission. The distribution of that 2.4 percent between tration [GSA] in 1991, the Central Islip Court- inclusion of language restricting the comparability adjustment and locality house was designed to solve the problems of choices for Federal health insurance pay, but is it very unfortunate that we the only ``space emergency'' in our nation de- which we will oppose. They take on a are going to be falling further behind clared by the U.S. Judicial Conference. That political tone that I do not think is the private sector in pay comparability ``space emergency'' for the Eastern District of helpful for the bipartisan nature of this as a result of the actions of the Presi- New York, was first declared in 1989 and re- bill. I also believe that the elimination dent and of this committee. newed in 1992. These declarations are unique of the Advisory Commission on Inter- Mr. Chairman, in closing, I hope that in that these are the only times the Judicial governmental Relations will interfere, the provisions that detract from the Conference has ever taken such an action. Mr. Chairman, with the executive positive side of the bill can be changed Without the completion of the Central Islip branch’s responsibility to monitor un- on the floor and during the full legisla- Federal Courthouse, eastern Long Island's 2.5 funded mandates. tive consideration of the bill. Again, I million people will continue to have to tolerate The irony of this bill is we eliminate thank the chairman for all of his co- what has been described as a ``security night- the Administrative Conference on operation and inclusion in the work of mare,'' with Federal judges facing the heaviest Intergovernmental Relations, the Com- this committee. I look forward to case load in its history while enduring dan- mission on Intergovernmental Rela- working with him as we consider the gerous, inefficient, costly temporary facilities tions for the purposes of saving $1.4 individual titles of this bill. scattered in five rented locations. July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7099 Unlike some other federal courthouse ``Federal funds'' from being used to purchase hours to put together the final product we are projects, the cost per square foot of the a policy which provides coverage for preg- debating today. Central Islip Courthouse is well below the nancy termination, except in instances where Mr. Chairman, I will support H.R. 2020, but GSA average for similar projects. The court- the life of the mother is at risk. it is my hope that some of the troubling provi- house will be cost effective, saving taxpayers Let me be clear, Mr. Chairman, that there sions I have mentioned will be moderated by huge amounts now paid for rent. are no Federal funds used for the purchasing the Senate and we can settle those dif- I urge my colleagues to support this bill and of health care coverage for Federal employ- ferences in conference. sufficient funding for the timely completion of ees. The compensation of Federal employees the Central Islip Federal Courthouse. is in the form of salary, health care benefits Mr. LIGHTFOOT. Mr. Chairman, I Mr. COLEMAN. Mr. Chairman, I rise in sup- and retirement benefits. Like private sector move that the Committee do now rise. port of H.R. 2020, the Treasury, Postal Serv- employees, they can use their compensation The motion was agreed to. ice and General Government Appropriations as they see fit. Federal workers choose a Accordingly the Committee rose; and bill, but my enthusiasm for it is tempered by health insurance plan and a portion of that is the cuts in valuable programs this legislation paid for with their health coverage benefit. the Speaker pro tempore (Mr. WATTS of proposes. There are no ``Federal funds'' involved when a Oklahoma) having assumed the chair, As a former member of this subcommittee, Federal employee decides what to do with his/ Mr. DREIER, Chairman of the Commit- I feel that the agencies that are funded by this her salary. The choice of policies is the em- tee of the Whole House on the State of legislation are extremely important to our gov- ployee's alone. The reasoning of the Commit- the Union, reported that that Commit- ernment. Agencies like the Treasury Depart- tee that it is the employer's right to restrict the tee, having had under consideration ment, and its component divisions such as the scope of coverage for legal medical services the bill (H.R. 2020) making appropria- Customs Service, the Bureau of Alcohol To- is wrong. tions for the Treasury Department, the bacco and Firearms, the IRS, the Secret Serv- This tampering with the rights of Federal United States Postal Service, the Exec- ice and others are extremely important to the employees is wrong because they are one of utive Office of the President, and cer- efficient functioning of our federal government. our Nation's greatest assets. They are impor- tain Independent Agencies, for the fis- This legislation also funds the Executive Office tant to my congressional district where they cal year ending September 30, 1996, and of the President, a portion of the Postal Serv- number approximately 13,000 persons. Fed- for other purposes, had come to no res- ice, and some independent agencies such as eral employees are among the finest, most olution thereon. the Federal Election Commission, the Federal honorable workers in this country. Yet, in this Labor Relations Commission, the General House, many insist on perpetuating an attitude f Services Administration and others. of hostility toward Federal employees. They b Because of the importance of all of the call them lazy bureaucrats, government vul- 1215 above, I am extremely disheartened by some tures or worthless do-nothing Federal employ- PERMISSION FOR CERTAIN COM- of the cuts this bill makes to some of these ees. This is wrong, Mr. Chairman, and it must agencies. For example, the bill proposes to be stopped. It should not take an incident like MITTEES AND THEIR SUB- eliminate the Council of Economic Advisers. the Oklahoma bombing to change the minds COMMITTEES TO SIT TODAY The Council has served presidents of both of many in this country with regards to Federal DURING 5-MINUTE RULE parties for the past 50 years. This group pro- employees. vides long-term economic advice to the Presi- Mr. LIGHTFOOT. Mr. Speaker, I ask dent that is both impartial and apolitical. This While I have thus far focused on items I unanimous consent that the following kind of advice is increasingly important during have not liked in this legislation, it does not committees and their subcommittees a time when economic advice a president gets have some good points. For one, the bill funds be permitted to sit today while the is usually laced with political undertones. the Customs Service at a level that exceeds House is meeting in the Committee of the President's request. I feel this is important I am also bothered by the reductions made the Whole House under the 5-minute because the Customs Service has a difficult to the Federal Election Commission [FEC] in rule: the Committee on Agriculture, an upcoming presidential election year. The job as the Nation's principal border agency. Customs' responsibilities run the gamut from the Committee on Commerce, the Com- $2.5 million reduction made to the FEC com- mittee on Government Reform and bined with an earmark of $1.5 million for com- fighting the scourge of illegal drug trafficking to assessing and collecting duties and tariffs. I Oversight, the Committee on House puter modernization will interfere with the abil- Oversight, the Committee on Inter- ity of FEC to carry out its duties and ensure would also like to mention that the Customs Service section of the report included items of national Relations, the Committee on the integrity of the upcoming elections. This is the Judiciary, the Committee on Re- not the only agency that suffers a reduction in importance to my congressional district. For sources, the Committee on Small Busi- its budget. Other agencies take significant cuts instance, there is language supporting: addi- ness, and the Permanent Select Com- to their budgets that will affect their ability to tional Customs inspectors for El Paso, Texas, mittee on Intelligence. carry out their functions. unified port management, and drug interdiction This bill is also silent on Federal pay. Nei- technologies such as cargo x-ray systems and It is my understanding that the mi- ther the President nor the Committee has pro- FLIR's for UH±60 Black Hawk helicopters. nority has been consulted and there are vided the full 5.9 percent increase that the The report also includes $560,000 for secu- no objections. Civil Service is due as employment cost index rity improvements to the El Paso Federal Building. Other items of interest to my con- The SPEAKER pro tempore. Is there and locality pay increases under the Federal objection to the request of the gen- Employees Pay Comparability Act. Since gressional district include report language sup- tleman from Iowa? 1981, Federal employees have lost more than porting the Gang Resistance Education and $163 billion in pay and benefits that they were Training Program, the Southwest Border High Mr. HOYER. Reserving the right to scheduled to receive. Intensity Drug Trafficking Area, and Operation object, Mr. Speaker, and I will not ob- The 2.4 percent raise recommended by the Alliance. ject, it is my understanding the minor- President, which is adopted by this bill, is not Finally, Mr. Chairman, I would like to com- ity has been consulted about each and fully funded. Even further, this is less than half mend the leadership of Chairman LIGHTFOOT. every one of these exceptions to the of the raise owed to Federal workers under Throughout our hearings and deliberations, rule that we adopted in the beginning existing law. Agencies not involved in law en- the Chairman was very fair and amenable by of the year, and we will not object. forcement are forced to absorb the additional allowing of minority views and consideration. I Mr. Speaker, I withdraw my reserva- cost of the pay increase from their program am very grateful for his policy of ``opening up'' budgets. This unwise policy results in a hidden the hearings to questioning after allotted time tion of objection. 2.4 percent cut in programs at agencies that for testimony had expired. The other members The SPEAKER pro tempore (Mr. are already facing severe budget constraints. of the subcommittee, are also to be com- WATTS of Oklahoma). Is there objection Another provision that bothers me directed plemented for their diligence in pursuing the to the request of the gentleman from toward Federal employees is the majority's de- issues under the subcommittee's jurisdiction. I Iowa? cision to reinstate a provision in the bill which also would like to thank the staff of both sides There was no objection. restricts a Federal employee's choice of a for the hard work they displayed in putting to- health care insurance plan by prohibiting gether this legislation. They worked many long H 7100 CONGRESSIONAL RECORD — HOUSE July 18, 1995 REPORT ON CONTINUING NA- the blocking of FRY (S/M) Government public of Bosnia and Herzegovina that TIONAL EMERGENCY WITH RE- property, this order prohibited trans- they control, including their refusal to SPECT TO THE FEDERAL REPUB- actions with respect to the FRY (S/M) accept the proposed territorial settle- LIC OF YUGOSLAVIA AND THE involving imports, exports, dealing in ment of the conflict in the Republic of BOSNIAN SERBS—MESSAGE FRY-origin property, air and sea trans- Bosnia and Herzegovina. FROM THE PRESIDENT OF THE portation, contract performance, funds The Executive order blocks all prop- UNITED STATES (H. DOC. 104–101) transfers, activity promoting importa- erty and interests in property that are The Speaker pro tempore laid before tion or exportation or dealings in prop- erty, and official sports, scientific, in the United States, that hereafter the House the following message from come within the United States, or that the President of the United States, technical, or other cultural representa- tion of, or sponsorship by, the FRY (S/ are or hereafter come within the pos- which was read and, together with the session or control of United States per- accompanying papers, without objec- M) in the United States. Executive Order No. 12810 exempted sons (including their overseas tion, referred to the Committee on from trade restrictions (1) trans- branches) of: (1) the Bosnian Serb mili- International Relations and ordered to shipments through the FRY (S/M), and tary and paramilitary forces and the be printed. (2) activities related to the United Na- authorities in areas of the Republic of To the Congress of the United States: tions Protection Force Bosnia and Herzegovina under the con- On May 30, 1992, in Executive Order (‘‘UNPROFOR’’), the Conference on trol of those forces; (2) any entity, in- No. 12808, the President declared a na- Yugoslavia, or the European Commu- cluding any commercial, industrial, or tional emergency to deal with the nity Monitor Mission. public utility undertaking, organized threat to the national security, foreign On January 15, 1993, President Bush or located in those areas of the Repub- policy, and economy of the United issued Executive Order No. 12831 to im- lic of Bosnia and Herzegovina under States arising from actions and poli- plement new sanctions contained in the control of Bosnian Serb forces; (3) cies of the Governments of Serbia and U.N. Security Council Resolution 787 of any entity, wherever organized or lo- Montenegro, acting under the name of November 16, 1992. The order revoked cated, which is owned or controlled di- the Socialist Federal Republic of Yugo- the exemption for transshipments rectly or indirectly by any person in, slavia or the Federal Republic of Yugo- through the FRY (S/M) contained in or resident in, those areas of the Re- slavia, in their involvement in and sup- Executive Order No. 12810, prohibited public of Bosnia and Herzegovina under port for groups attempting to seize ter- transactions within the United States the control of Bosnian Serb forces; and ritory in Croatia and the Republic of or by a U.S. person relating to FRY (S/ (4) any person acting for or on behalf of Bosnia and Herzegovina by force and M) vessels and vessels in which a ma- any person within the scope of the violence utilizing, in part, the forces of jority or controlling interest is held by above definitions. the so-called Yugoslav National Army a person or entity in, or operating (57 FR 23299, June 2, 1992). I expanded from, the FRY (S/M), and stated that The Executive order also prohibits the national emergency in Executive all such vessels shall be considered as the provision or exportation of services Order No. 12934 of October 25, 1994, to vessels of the FRY (S/M), regardless of to those areas of the Republic of address the actions and policies of the the flag under which they sail. Bosnia and Herzegovina under the con- Bosnian Serb forces and the authorities On April 25, 1993, I issued Executive trol of Bosnian Serb forces, or to any in the territory of the Republic of Order No. 12846 to implement in the person for the purpose of any business Bosnia and Herzegovina that they con- United States the sanctions adopted in carried on in those areas, either from trol. The present report is submitted UNSC Resolution 820 of April 17, 1993. the United States or by a U.S. person. pursuant to 50 U.S.C. 1641(c) and That resolution called on the Bosnian The order also prohibits the entry of 1703(c). It discusses Administration ac- Serbs to accept the Vance-Owen peace any U.S.-flagged vessel, other than a tions and expenses directly related to plan for the Republic of Bosnia and U.S. naval vessel, into the riverine the exercise of powers and authorities Herzegovina and, if they failed to do so ports of those areas of the Republic of conferred by the declaration of a na- by April 26, called on member states to Bosnia and Herzegovina under the con- tional emergency in Executive Order take additional measures to tighten trol of Bosnia Serb forces. Finally, any No. 12808 and Executive Order No. 12934 the embargo against the FRY (S/M) transaction by any U.S. person that and to expanded sanctions against the and Serbian controlled areas of the Re- evades or avoids, or has the purpose of Federal Republic of Yugoslavia (Serbia public of Bosnia and Herzegovina and evading or avoiding, or attempts to and Montenegro) (the ‘‘FRY (S/M)’’) the United Nations Protected Areas in violate any of the prohibitions set and the Bosnian Serbs contained in Ex- Croatia. Effective April 26, 1993, the forth in the order is prohibited. Execu- ecutive Order No. 12810 of June 5, 1992 order blocked all property and inter- tive Order No. 12934 became effective at (57 FR 24347, June 9, 1992), Executive ests in property of commercial, indus- 11:59 p.m., e.d.t., on October 25, 1994. Order No. 12831 of January 15, 1993 (58 trial, or public utility undertakings or 2. The declaration of the national FR 5253, Jan. 21, 1993), Executive Order entities organized or located in the emergency on May 30, 1992, was made No. 12846 of April 25, 1993 (58 FR 25771, FRY (S/M), including property and in- pursuant to the authority vested in the April 27, 1993), and Executive Order No. terests in property of entities (wher- 12934 of October 25, 1994 (59 FR 54117, ever organized or located) owned or President by the Constitution and laws October 27, 1994). controlled by such undertakings or en- of the United States, including the 1. Executive Order No. 12808 blocked tities, that are or thereafter come International Emergency Economic all property and interests in property within the possession or control of U.S. Powers Act (50 U.S.C. 1701 et seq.), the of the Governments of Serbia and persons. National Emergencies Act (50 U.S.C. Montenegro, or held in the name of the On October 25, 1994, in view of UNSC 1601 et seq.), and section 301 of title 3 of former Government of the Socialist Resolution 942 of September 23, 1994, I the United States Code. The emergency Federal Republic of Yugoslavia or the issued Executive Order No. 12934 in declaration was reported to the Con- Government of the Federal Republic of order to take additional steps with re- gress on May 30, 1992, pursuant to sec- Yugoslavia, then or thereafter located spect to the crisis in the former Yugo- tion 204(b) of the International Emer- in the United States or within the pos- slavia. (59 FR 54117, October 27, 1994.) gency Economic Powers Act (50 U.S.C. session or control of U.S. persons, in- Executive Order No. 12934 expands the 1703(b)) and the expansion of that Na- cluding their overseas branches. scope of the national emergency de- tional Emergency under the same au- Subsequently, Executive Order No. clared in Executive Order No. 12808 to thorities was reported to the Congress 12810 expanded U.S. actions to imple- address the unusual and extraordinary on October 25, 1994. The additional ment in the United States the United threat to the national security, foreign sanctions set forth in related Executive Nations sanctions against the FRY (S/ policy, and economy of the United orders were imposed pursuant to the M) adopted in United Nations Security States posed by the actions and poli- authority vested in the President by Council (‘‘UNSC’’) Resolution 757 of cies of the Bosnian Serb forces and the the Constitution and laws of the Unit- May 30, 1992. In addition to reaffirming authorities in the territory in the Re- ed States, including the statutes cited July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7101 above, section 1114 of the Federal Avia- 804 F.Supp. 846, 855, and 859 (E.D.L.A. actions; (7) for the payment of crews’ tion Act (49 U.S.C. App. 1514), and sec- 1992) aff’d, 995 F.2d 620 (5th Cir. 1993), wages, vessel maintenance, and emer- tion 5 of the United Nations Participa- cert. denied, 114 S.Ct. 877 (1994), involv- gency supplies for FRY (S/M) con- tion Act (22 U.S.C. 287c). ing five ships owned or controlled by trolled ships blocked in the United 3. There have been no amendments to FRY (S/M) entities blocked in various States; (8) for the removal from the the Federal Republic of Yugoslavia U.S. ports, the blocking authority as FRY (S/M), or protection within the (Serbia and Montenegro) Sanctions applied to these vessels was upheld. In FRY (S/M), of certain property owned Regulations (the ‘‘Regulations’’), 31 IPT Company, Inc. v. United States De- and controlled by U.S. entities; (9) to C.F.R. Part 585, since the last report. partment of the Treasury, No. 92 CIV 5542 assist the United Nations in its relief The Treasury Department had pre- (S.D.N.Y. 1994), the district court also operations and the activities of the viously published 853 names in the Fed- upheld the blocking authority as ap- U.N. Protection Force; and (10) for pay- eral Register on November 17, 1994 (59 plied to the property of a Yugoslav sub- ment from funds outside the United FR 59460), as part of a comprehensive sidiary located in the United States. States where a third country has li- listing of all blocked persons and spe- The latter case is currently on appeal censed the transaction in accordance cially designated nationals (‘‘SDNs’’) of to the Second Circuit. with U.N. sanctions. Pursuant to U.S. the FRY (S/M). This list identified in- 4. Over the past 6 months, the De- regulations implementing UNSC Reso- dividuals and entities determined by partments of State and Treasury have lutions, specific licenses have also been the Department of the Treasury to be worked closely with European Union issued to authorize exportation of food, owned or controlled by or acting for or (the ‘‘EU’’) member states and other medicine, and supplies intended for hu- on behalf of the Government of the U.N. member nations to coordinate im- manitarian purposes in the FRY (S/M). FRY (S/M), persons in the FRY (S/M), plementation of the U.N. sanctions During the past 6 months, FAC has or entities located or organized in or against the FRY (S/M). This has in- continued to oversee the liquidation of controlled from the FRY (S/M). All pro- cluded visits by assessment teams tangible assets of the 15 U.S. subsidi- hibitions in the Regulations pertaining formed under the auspices of the Unit- aries of entities organized in the FRY to the Government of the FRY (S/M) ed States, the EU, and the Organiza- (S/M). Subsequent to the issuance of apply to the entities and individuals tion for Security and Cooperation in Executive Order No. 12846, all operating identified. U.S. persons, on notice of Europe (the ‘‘OSCE’’) to states border- licenses issued for these U.S.-located the status of such blocked persons and ing on Serbia and Montenegro; contin- Serbian or Montenegrin subsidiaries or specially designated nationals, are pro- ued deployment of OSCE sanctions as- joint ventures were revoked, and the hibited from entering into transactions sistance missions (‘‘SAMs’’) to Albania, net proceeds of the liquidation of their with them, or transactions in which Bulgaria, Croatia, the former Yugoslav assets placed in blocked accounts. they have an interest, unless otherwise Republic of Macedonia, Hungary, Ro- In order to reduce the drain on exempted or authorized pursuant to mania, and Ukraine to assist in mon- blocked assets caused by continuing to the Regulations. itoring land and Danube River traffic; rent commercial space, FAC arranged On February 22, 1995, pursuant to Ex- support for the International Con- to have the blocked personalty, files, ecutive Order 12934 and the Regula- ference on the Former Yugoslavia and records of the two Serbian banking tions, Treasury identified 85 individ- (‘‘ICFY’’) monitoring missions along institutions in New York moved to se- uals as leaders of the Bosnian Serb the Serbia-Montenegro-Bosnia border; cure storage. The personalty is being forces or civilian authorities in the ter- bilateral contacts between the United liquidated, with the net proceeds ritories in the Republic of Bosnia and States and other countries for the pur- placed in blocked accounts. Herzegovina that they control. Also on pose of tightening financial and trade Following the sale of the M/V February 22, Treasury designated 19 in- restrictions on the FRY (S/M); and on- Kapetan Martinovic in January 1995, dividuals and 23 companies as SDNs of going multilateral meetings by finan- five Yugoslav-owned vessels remain the FRY (S/M). These designations in- cial sanctions enforcement authorities blocked in the United States. Approval clude FRY (S/M)-connected companies from various countries to coordinate of the UNSC’s Serbian Sanctions Com- around the world that are being di- enforcement efforts and to exchange mittee was sought and obtained for the rected from Cyprus, two Cypriot-owned technical information. sale of the M/V Kapetan Martinovic firms that have had a central role in 5. In accordance with licensing policy (and the M/V Bor, which was sold in helping establish and sustain sanc- and the Regulations, FAC has exercised June 1994) based on U.S. assurances tions-evading FRY (S/M) front compa- its authority to license certain specific that the sale would comply with four nies in Cyprus, and the head of the transactions with respect to the FRY basic conditions, which assure that FRY (S/M)’s Central Bank who is also (S/M) that are consistent with U.S. for- both U.S. and U.N. sanctions objectives the architect of the FRY (S/M) eco- eign policy and the Security Council with respect to the FRY (S/M) are met: nomic program. sanctions. During the reporting period, (1) the sale will be for fair market Additionally, on March 13, 1995, FAC has issued 109 specific licenses re- value; (2) the sale will result in a com- Treasury named 32 firms and eight in- garding transactions pertaining to the plete divestiture of any interest of the dividuals that are part of the Karic FRY (S/M) or assets it owns or con- FRY (S/M) (or of commercial interests Brothers’ family network of companies trols, bringing the total as of April 25, located in or controlled from the FRY as SDNs of the FRY (S/M). Their enter- 1995, to 930. Specific licenses have been (S/M)) in the vessel; (3) the sale would prises span the globe and are especially issued (1) for payment to U.S. or third- result in no economic benefit to the active in former East Bloc countries. country secured creditors, under cer- FRY (S/M) (or commercial interests lo- These additions and amendments, pub- tain narrowly-defined circumstances, cated in or controlled from the FRY (S/ lished in the Federal Register on April for pre-embargo import and export M)); and (4) the net proceeds of the sale 18, 1995 (60 FR 19448), bring the current transactions; (2) for legal representa- (the gross proceeds less the costs of total of Blocked Entities and SDNs of tion or advice to the Government of sale normally paid by the seller) will the FRY (S/M) to 938 and the total the FRY (S/M) or FRY (S/M)-located or be placed in a blocked account in the number of individuals identified as controlled entities; (3) for the liquida- United States. Negotiations for the leaders of the Bosnian Serb military or tion or protection of tangible assets of sale of the M/V Bar, now blocked in paramilitary forces or civilian authori- subsidiaries of FRY (S/M)-located or New Orleans, are underway and are ties in the territories in the Republic controlled firms located in the U.S.; (4) likely to be concluded prior to my next of Bosnia and Herzegovina that they for limited transactions related to FRY report. control to 85. A copy of the notice is (S/M) diplomatic representation in Other than the M/V Bar, the four re- attached. Washington and New York; (5) for pat- maining Yugoslav-owned vessels are Treasury’s blocking authority as ap- ent, trademark and copyright protec- beneficially owned by Jugooceanija plied to FRY (S/M) subsidiaries and tion in the FRY (S/M) not involving Plovidba of Kotor, Montenegro, and vessels in the United States has been payment to the FRY (S/M) Govern- managed by Milena Ship Management challenged in court. In Milena Ship ment; (6) for certain communications, Co. Ltd. in Malta. These vessels have Management Company, Ltd. v. Newcomb, news media, and travel-relateed trans- many unpaid U.S. creditors for services H 7102 CONGRESSIONAL RECORD — HOUSE July 18, 1995 and supplies furnished during the time 7. The expenses incurred by the Fed- ther consideration of the bill (H.R. they have been blocked in the United eral Government in the 6-month period 1977), making appropriations for the States; moreover, the owner appears to from November 30, 1994, through May Department of the Interior and related have insufficient resources to provide 29, 1995, that are directly attributable agencies for the fiscal year ending Sep- for the future upkeep and maintenance to the authorities conferred by the dec- tember 30, 1996, and for other purposes, needs of these vessels and their crews. laration of a national emergency with with Mr. BURTON in the chair. The United States is notifying the respect to the FRY (S/M) and the The Clerk read the title of the bill. UNSC’s Serbian Sanctions Committee Bosnian Serb forces and authorities are The CHAIRMAN. When the Commit- of the United States’s intention to li- estimated at about $3.5 million, most tee of the Whole House rose on Mon- cense some or all of these remaining of which represent wage and salary day, July 17, 1995, title III was open for four vessels upon the owner’s request. costs for Federal personnel. Personnel amendment at any point. With the FAC-licensed sales of the M/ costs were largely centered in the De- Mr. REGULA. Mr. Chairman, I ask V Kapetan Martinovic and the M/V partment of the Treasury (particularly unanimous consent to strike the last Bor, those vessels were removed from in FAC and its Chief Counsel’s Office, word, in order that I may address the the list of blocked FRY entities and and the U.S. Customs Service), the De- House to explain the vote situation. merchant vessels maintained by FAC. partment of State, the National Secu- The CHAIRMAN. Without objection, The new owners of several formerly rity Council, the U.S. Coast Guard, and the gentleman from Ohio is recognized Yugoslav-owned vessels, which have the Department of Commerce. for 5 minutes. been sold in other countries, have peti- 8. The actions and policies of the There was no objection. tioned FAC to remove those vessels Government of the FRY (S/M), in its Mr. REGULA. Mr. Chairman, there from the list. FAC, in coordination involvement in and support for groups are two votes pending at this point with the Department of State, is cur- attempting to seize and hold territory that were rolled over from title II last rently reviewing the sale terms and in the Republics of Croatia and Bosnia night. The first will be a vote on the conditions for those vessels to ascer- and Herzegovina by force and violence, question of a sale of 7 million barrels of tain whether they comply with U.N. and the actions and policies of the oil from Weeks Island in order to pay sanctions objectives and UNSC’s Ser- Bosnian Serb forces and the authorities for the cost of moving the balance of bian Sanctions Committee practice. in the areas of Bosnia and Herzegovina the oil from Weeks Island to another During the past 6 months, U.S. finan- under their control, continue to pose location in SPR. Presently, Weeks Is- cial institutions have continued to an unusual and extraordinary threat to land is leaking and the oil has to be block funds transfers in which there is the national security, foreign policy, moved. an interest of the Government of the and economy of the United States. The There is an amendment pending that FRY (S/M) or an entity or undertaking United States remains committed to a would eliminate the language that al- located in or controlled from the FRY multilateral resolution of the conflict lows the sale of the 7 million barrels to (S/M), and to stop prohibited transfers through implementation of the United provide the necessary funds to move to persons in the FRY (S/M). Such Nations Security Council resolutions. the oil and make whatever repairs interdicted transfers have accounted I shall continue to exercise the pow- would be required on the balance of for $125.6 million since the issuance of ers at my disposal to apply economic SPR. Executive order No. 12808, including sanctions against the FRY (S/M) and The second amendment, Mr. Chair- some $9.3 million during the past 6 the Bosnian Serb forces, civil authori- man is an amendment offered by the months. ties, and entities, as long as these gentleman from Ohio [Mr. CHABOT] To ensure compliance with the terms measures are appropriate, and will con- that would eliminate the funding for of the licenses that have been issued tinue to report periodically to the Con- the National Endowment for the Hu- under the program, stringent reporting gress on significant developments pur- manities. Those would be the two requirements are imposed. More than suant to 50 U.S.C. 1703(c). amendments that will be before us. The 279 submissions have been reviewed by WILLIAM J. CLINTON. first will be the amendment of the gen- FAC since the last report, and more THE WHITE HOUSE, July 18, 1995. tleman from Colorado [Mr. SCHAEFER] than 125 compliance cases are cur- f on the Weeks Island issue; the second rently open. will be on the amendment of the gen- 6. Since the issuance of Executive GENERAL LEAVE tleman from Ohio [Mr. CHABOT] to Order No. 12810, FAC has worked close- Mr. REGULA. Mr. Speaker, I ask defund NEH. ly with the U.S. Customs Service to en- unanimous consent that all Members Mr. SCHAEFER. Mr. Chairman, will sure both that prohibited imports and may have 5 legislative days in which to the gentleman yield? exports (including those in which the revise and extend their remarks on Mr. REGULA. I yield to the gen- Government of the FRY (S/M) or H.R. 1977, the legislation which we are tleman from Colorado. Bosnian Serb authorities have an inter- about to consider, and that I may be Mr. SCHAEFER. Mr. Chairman, I est) are identified and interdicted, and permitted to include tables, charts, and have a very short comment. These both that permitted imports and exports other material. were debated last night in full, and I move to their intended destination The SPEAKER pro tempore. Is there recognize the work the chairman has without undue delay. Violations and objection to the request of the gen- put in on this particular piece of legis- suspected violations of the embargo are tleman from Ohio? lation. We just disagree on this point. being investigated and appropriate en- There was no objection. Mr. Chairman, I would ask, am I un- forcement actions are being taken. f derstanding this correctly, that both of There are currently 37 cases under ac- these amendments will have recorded tive investigation. Since the last re- DEPARTMENT OF THE INTERIOR votes? May I ask if both of these port, FAC has collected nine civil pen- AND RELATED AGENCIES APPRO- amendments have recorded votes? alties totaling nearly $20,000. Of these, PRIATIONS ACT, 1996 The CHAIRMAN. The requests for re- five were paid by U.S. financial institu- The SPEAKER pro tempore. Pursu- corded votes are pending from last tions for violative funds transfers in- ant to House Resolution 187 and rule night. volving the Government of the FRY (S/ XXIII, the Chair declares the House in Mr. REGULA. That is correct. The M), persons in the FRY (S/M), or enti- the Committee of the Whole House on plan would be a recorded vote on both, ties located or organized in or con- the State of the Union for the further probably 15 minutes on the first, and 5 trolled from the FRY (S/M). Three U.S. consideration of the bill, H.R. 1977. minutes on the second. Would that be companies and one air carrier have also correct, Mr. Chairman? b paid penalties related to exports or un- 1222 The CHAIRMAN. The votes have not licensed payments to the Government IN THE COMMITTEE OF THE WHOLE yet been ordered, but the Chair will put of the FRY (S/M) or persons in the FRY Accordingly the House resolved itself that question shortly. (S/M) or other violations of the Regula- into the Committee of the Whole House Mr. REGULA. Mr. Chairman, there tions. on the State of the Union for the fur- would then be a 15-minute vote on July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7103

Weeks Island and a 5-minute vote on rado [Mr. SCHAEFER]; amendment No. Williams Woolsey Wynn the amendment offered by the gen- 11 offered by the gentleman from Ohio Wilson Wyden Young (AK) tleman from Ohio [Mr. CHABOT]. [Mr. CHABOT]. NOES—267 The CHAIRMAN. That is the inten- The Chair will reduce to 5 minutes Abercrombie Gallegly Payne (NJ) tion of the Chair. the time for any electronic vote after Ackerman Gekas Payne (VA) Mr. REGULA. If they are ordered, the first vote in this series. Allard Gibbons Pelosi Andrews Gilchrest Peterson (FL) yes. AMENDMENT NO. 41 OFFERED BY MR. SCHAEFER Baker (CA) Gilman Peterson (MN) Mr. SCHAEFER. Mr. Chairman, I in- The CHAIRMAN. The unfinished Baldacci Gonzalez Petri tend to move that a quorum is not Barrett (NE) Goodlatte Pomeroy business is the demand for a recorded Bartlett Goodling Porter present, if indeed it is not ordered. vote on amendment No. 41 offered by Mr. YATES. Mr. Chairman, will the Bass Goss Portman the gentleman from Colorado [Mr. Becerra Green Poshard gentleman yield? Beilenson Gutierrez Pryce SCHAEFER] on which further proceed- Mr. REGULA. I yield to the gen- Bereuter Gutknecht Quillen ings were postponed and on which the tleman from Illinois. Berman Hall (OH) Radanovich noes prevailed by division vote. Bevill Hamilton Rahall Mr. YATES. Mr. Chairman, as the The Clerk will redesignate the Bishop Hancock Ramstad chairman explained, there are two Blute Hastings (FL) Rangel votes pending on the Department of amendment. Boehlert Hefner Reed the Interior appropriation bill. The The text of the amendment is as fol- Boehner Hilliard Regula lows: Bonilla Hobson Riggs first, of course, is on the amendment Bonior Hoekstra Rivers by the gentleman from Colorado [Mr. Amendment No. 41 offered by Mr. SCHAE- Bono Hoke Roemer FER: Page 57, line 7, strike ‘‘$287,000,000’’ and SCHAEFER] respecting Weeks Island; to Borski Holden Rogers strike the provision which allows the all that follows through ‘‘Reserve’’ on line Boucher Horn Rohrabacher 21, and insert the following: $187,000,000, to Brewster Hostettler Rose Secretary of Energy to sell on a one- remain available until expended, which shall Brown (CA) Hoyer Roth time basis 7 million barrels of oil from be derived by transfer of unobligated bal- Brown (FL) Inglis Roukema storage at Weeks Island, LA. Brown (OH) Istook Roybal-Allard ances from the ‘‘SPR petroleum account’’. Bunn Jacobs Royce The amount to be sold is less than 1 RECORDED VOTE Buyer Johnson (CT) Rush day of oil imports. It is only a little Canady Johnson, E. B. Sabo The CHAIRMAN. A recorded vote has Castle Johnson, Sam Sanders more than 1 percent of the total re- been demanded. serve. If the oil is not sold, this bill Chabot Johnston Sanford A recorded vote was ordered. Chapman Kanjorski Sawyer will be over its 602(b) allocation, and in The CHAIRMAN. This is a 15-minute Chrysler Kaptur Saxton conference, $100 million more would Clay Kelly Scarborough vote, to be followed by a possible 5- have to be covered out of a bill that is Clayton Kim Schiff minute vote. Clement Klink Schroeder already very, very tight. This would The vote was taken by electronic de- Clinger Klug Schumer place Park Service in jeopardy, Indian Clyburn Knollenberg Seastrand vice, and there were—ayes 157, noes 267, health in jeopardy, and place revenue- Coble Kolbe Sensenbrenner not voting 10, as follows: Coleman LaHood Serrano producing programs in jeopardy. [Roll No. 517] Collins (GA) Lantos Shadegg In addition, Mr. Chairman, if the De- Collins (IL) Latham Shaw partment of Energy is unable to attend AYES—157 Combest LaTourette Shays to the problems at Weeks Island, we Archer Funderburk McIntosh Costello Lazio Shuster Armey Ganske McKeon Cox Leach Skaggs are going to be faced with the distinct Coyne Lewis (CA) Skeen Bachus Gejdenson McNulty possibility of an oil spill of far greater Crane Lewis (GA) Smith (NJ) Baesler Gephardt Menendez Cremeans Lewis (KY) Smith (TX) magnitude than the Exxon Valdez. Baker (LA) Geren Mink Cubin Lightfoot Souder The second amendment we will be Ballenger Gillmor Molinari Barcia Gordon Davis Livingston Spence voting on is the amendment offered by Montgomery DeFazio Lofgren Stark Barr Graham Moorhead the gentleman from Ohio [Mr. CHABOT] Barrett (WI) Greenwood DeLauro Longley Stearns Moran DeLay Lowey Stokes to eliminate all funding for the Na- Barton Gunderson Nadler Bateman Hall (TX) Dellums Luther Studds tional Endowment for the Humanities. Neal Bentsen Hansen Dickey Maloney Talent Ney Bilbray Harman Dicks Manton Tate b 1230 Norwood Bilirakis Hastert Dixon Martinez Taylor (NC) Nussle His amendment does not accord with Bliley Hastings (WA) Doggett Martini Tejeda either the authorizing committee or Browder Hayes Ortiz Dooley Mascara Thomas Brownback Hayworth Orton Doolittle Matsui Thompson the appropriations committee. Bryant (TN) Hefley Oxley Dornan McCarthy Thornberry As I indicated last night, Mr. Chair- Bryant (TX) Heineman Pallone Doyle McDade Thornton man, the National Endowment for the Bunning Herger Parker Dreier McDermott Tiahrt Duncan McHale Torkildsen Humanities is a unique organization. It Burr Hilleary Paxon Burton Hinchey Pickett Dunn McKinney Torres is an organization that promotes the Callahan Houghton Pombo Durbin Meehan Torricelli essence, the elements of democracy in Calvert Hunter Quinn Ehlers Meek Towns our country. To my mind it is one of Camp Hutchinson Roberts Ehrlich Metcalf Traficant Cardin Hyde Ros-Lehtinen Emerson Meyers Tucker the must powerful educational forces English Chambliss Jackson-Lee Salmon Mfume Velazquez Ensign Mica Vento we have in this country. The NEH helps Chenoweth Jefferson Schaefer Eshoo Miller (CA) Vucanovich teachers obtain the tools with which Christensen Jones Scott Evans Miller (FL) Walker Coburn Kasich Sisisky they can better transmit their subjects Ewing Mineta Walsh Condit Kennedy (MA) Skelton to more pupils. Cooley Kennelly Farr Minge Ward Slaughter Fattah Mollohan Waters The National Endowment for the Hu- Cramer Kildee Smith (MI) Crapo King Fazio Morella Watt (NC) manities has already been cut much Smith (WA) Flanagan Murtha Watts (OK) too much in my opinion. It has been Cunningham Kingston Solomon Danner Kleczka Foglietta Myers Waxman Spratt cut from an appropriation of $172 mil- de la Garza LaFalce Foley Myrick Weldon (FL) Stenholm lion to $99.5 million, 42 percent cut. I Deal Largent Forbes Nethercutt Weldon (PA) Stockman Ford Neumann Wicker think that both amendments should be Deutsch Laughlin Diaz-Balart Levin Stump Fowler Oberstar Wise defeated. Dingell Lincoln Stupak Fox Obey Wolf SEQUENTIAL VOTES POSTPONED IN Edwards Linder Tanner Frank (MA) Olver Yates Tauzin Franks (NJ) Owens Young (FL) COMMUNITTEE OF THE WHOLE Engel Lipinski Everett LoBiondo Taylor (MS) Frelinghuysen Packard Zeliff The CHAIRMAN. Pursuant to House Fawell Lucas Thurman Furse Pastor Zimmer Resolution 189, proceedings will now Fields (LA) Manzullo Upton NOT VOTING—10 resume on those amendments on which Fields (TX) Markey Visclosky further proceedings were postponed, in Filner McCollum Wamp Collins (MI) Kennedy (RI) Volkmer Franks (CT) McCrery Weller Conyers Moakley Waldholtz the following order: Amendment No. 41 Frisa McHugh White Flake Reynolds offered by the gentleman from Colo- Frost McInnis Whitfield Johnson (SD) Richardson H 7104 CONGRESSIONAL RECORD — HOUSE July 18, 1995 b 1256 Dunn Laughlin Scarborough Nadler Rose Thornton Emerson Lewis (CA) Schaefer Neal Roukema Thurman Mrs. CUBIN, Messrs. KIM, WISE, Everett Lewis (KY) Seastrand Nethercutt Roybal-Allard Torkildsen JOHNSTON of Florida, CHRYSLER, Ewing Lightfoot Sensenbrenner Oberstar Rush Torres ZELIFF, COBLE, TATE, CRANE, Fields (TX) Linder Shadegg Obey Sabo Torricelli Foley Lucas Olver Sanders PAYNE of New Jersey, GONZALEZ, Shaw Towns Frisa Manzullo Shuster Ortiz Sanford Traficant SMITH of Texas, INGLIS of South Funderburk McInnis Smith (TX) Owens Sawyer Tucker Packard Saxton Carolina, LAHOOD, and GUTIERREZ Gallegly McIntosh Smith (WA) Upton Pallone Schiff Gekas McKeon Solomon Velazquez changed their vote from ‘‘aye’’ to ‘‘no.’’ Geren Metcalf Pastor Schroeder Souder Vento Messrs. MENENDEZ, GEJDENSON, Gillmor Mica Payne (NJ) Schumer Stearns Visclosky Goodlatte Molinari Payne (VA) Scott KING, KLECZKA, CRAMER, SCOTT, Stenholm Vucanovich HERGER, ENGEL, NADLER, SALM- Gutknecht Montgomery Pelosi Serrano Hall (TX) Moorhead Stockman Peterson (FL) Shays Walsh ON, KENNEDY of Massachusetts, Ms. Hancock Myrick Stump Peterson (MN) Sisisky Ward WOOLSEY, and Ms. SLAUGHTER Hastert Neumann Talent Pickett Skaggs Waters changed their vote from ‘‘no’’ to ‘‘aye.’’ Hastings (WA) Ney Tate Pomeroy Skeen Watt (NC) Hayworth Norwood Tauzin Porter Skelton Waxman So the amendment was rejected. Hefley Nussle Taylor (MS) Portman Slaughter Weldon (PA) The result of the vote was announced Heineman Orton Taylor (NC) Poshard Smith (MI) White as above recorded. Herger Oxley Thomas Pryce Smith (NJ) Williams Hilleary Parker Thornberry Quinn Spence Wilson PERSONAL EXPLANATION Hostettler Paxon Tiahrt Rahall Spratt Wise Mr. JOHNSON of South Dakota. Mr. Speak- Hunter Petri Walker Rangel Stark Wolf Hutchinson Pombo Wamp Reed Stokes Woolsey er, I rise today to inform the House that I inad- Regula Inglis Quillen Watts (OK) Studds Wyden vertently missed two votes, rollcall Nos. 516 Riggs Stupak Istook Radanovich Weldon (FL) Wynn Johnson, Sam Ramstad Rivers Tanner and 517, earlier today due to a malfunction in Weller Yates Jones Roberts Roemer Tejeda the House electronic pager system. Had I Whitfield Zeliff Kasich Rogers Ros-Lehtinen Thompson Wicker been present I would have voted ``nay'' in King Rohrabacher each instance. Kingston Roth Young (AK) NOT VOTING—9 Young (FL) PARLIAMENTARY INQUIRY Largent Royce Collins (MI) Kennedy (RI) Richardson Latham Salmon Zimmer Dornan Moakley Volkmer Mr. DICKS. Mr. Chairman, I have a Flake Reynolds Waldholtz parliamentary inquiry. NOES—277 b 1305 The CHAIRMAN. The gentleman will Abercrombie Edwards Johnson (SD) state it. Ackerman Ehlers Johnson, E. B. So the amendment was rejected. Mr. DICKS. Mr. Chairman, will the Andrews Ehrlich Johnston The result of the vote was announced Bachus Engel Kanjorski next amendment eliminate all funding Baesler English Kaptur as above recorded. for the National Endowment for the Baker (LA) Ensign Kelly The CHAIRMAN. Are there amend- Humanities, after the committee cut it Baldacci Eshoo Kennedy (MA) ments to title III? by 40 percent? Ballenger Evans Kennelly Barrett (NE) Farr Kildee AMENDMENT OFFERED BY MR. OLVER The CHAIRMAN. The gentleman has Barrett (WI) Fattah Kim Mr. OLVER. Mr. Chairman, I offer an not stated a proper parliamentary in- Bass Fawell Kleczka amendment, amendment No. 70. quiry. Becerra Fazio Klink Beilenson Fields (LA) Klug The CHAIRMAN. The Clerk will des- AMENDMENT NO. 11 OFFERED BY MR. CHABOT Bentsen Filner Knollenberg ignate the amendment. The CHAIRMAN. The unfinished Bereuter Flanagan Kolbe The text of the amendment is as fol- business is the demand for a recorded Berman Foglietta LaFalce Bevill Forbes LaHood lows: vote on amendment No. 11 offered by Bilbray Ford Lantos Amendment offered by Mr. OLVER: Bishop Fowler LaTourette the gentleman from Ohio [Mr. CHABOT] AMENDMENT NO. 70 on which further proceedings were Blute Fox Lazio Boehlert Frank (MA) Leach At the end of the bill add the following new postponed and on which the ‘‘noes’’ Bonilla Franks (CT) Levin section: prevailed by voice vote. Bonior Franks (NJ) Lewis (GA) ‘‘SEC. . None of the funds made available The Clerk will redesignate the Borski Frelinghuysen Lincoln in this Act may be used by the Department amendment. Boucher Frost Lipinski of Energy in implementing the Codes and Browder Furse Livingston The text of the amendment is as fol- Brown (CA) Ganske LoBiondo Standards Program to plan, propose, issue, lows: Brown (FL) Gejdenson Lofgren or prescribe any new or amended standard— Brown (OH) Gephardt Longley ‘‘(1) when it is made known to the Federal Amendment No. 11 offered by Mr. CHABOT: Bryant (TX) Gibbons Lowey official having authority to obligate or ex- Page 73, strike line 16 and all that follows Bunn Gilchrest Luther pend such funds that the Attorney General, through page 74, line 15. Burr Gilman Maloney in accordance with section 325(o)(2)(B) of the RECORDED VOTE Buyer Gonzalez Manton Energy Policy and Conservation Act (42 Camp Goodling Markey The CHAIRMAN. A recorded vote has Cardin Gordon Martinez U.S.C. 6295(o)(2)(B)), determined that the been demanded. Castle Goss Martini standard is likely to cause significant anti- A recorded vote was ordered. Clay Graham Mascara competitive effects; The CHAIRMAN. This is a 5-minute Clayton Green Matsui ‘‘(2) that the Secretary of Energy, in ac- Clement Greenwood McCarthy cordance with such section 325(o)(2)(B), has vote. Clinger Gunderson McCollum determined that the benefits of the standard The vote was taken by electronic de- Clyburn Gutierrez McCrery do not exceed its burdens; or vice, and there were—ayes 148, noes 277, Coleman Hall (OH) McDade Collins (IL) Hamilton McDermott ‘‘(3) that is for fluorescent lamps bal- not voting 9, as follows: Conyers Hansen McHale lasts.’’. [Roll No. 518] Costello Harman McHugh POINT OF ORDER Coyne Hastings (FL) McKinney AYES—148 Cramer Hayes McNulty Mr. WALKER. Mr. Chairman, I have Allard Bryant (TN) Combest Danner Hefner Meehan a point of order. Archer Bunning Condit Davis Hilliard Meek The CHAIRMAN. The gentleman Armey Burton Cooley de la Garza Hinchey Menendez from Pennsylvania will state his point Baker (CA) Callahan Cox DeFazio Hobson Meyers Barcia Calvert Crane DeLauro Hoekstra Mfume of order. Barr Canady Crapo Dellums Hoke Miller (CA) Mr. WALKER. At this point in the Bartlett Chabot Cremeans Deutsch Holden Miller (FL) bill, the amendment is not raised time- Barton Chambliss Cubin Diaz-Balart Horn Mineta Bateman Chapman Cunningham Dicks Houghton Minge ly. It has to come at the end of this Bilirakis Chenoweth Deal Dingell Hoyer Mink title rather than in the middle of the Bliley Christensen DeLay Dixon Hyde Mollohan title. Boehner Chrysler Dickey Doggett Jackson-Lee Moran The CHAIRMAN. Does the gentleman Bono Coble Doolittle Dooley Jacobs Morella Brewster Coburn Dreier Doyle Jefferson Murtha from Massachusetts wish to be heard Brownback Collins (GA) Duncan Durbin Johnson (CT) Myers on the point of order? July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7105 Mr. OLVER. I accept the point of safety would obviously be com- cautiously in determining what the order. promised, especially with consumption highest priority research needs are for The CHAIRMAN. Until the Clerk of seafood products, as that continues lands administered by the Department reads the last two lines of the bill, lim- to increase. Currently, we inspect sea- of the Interior, making those decisions itation amendments are not in order food products using a system that is on the basis of national priorities. where that point is raised. both risk-based and science-based. Loss Mr. GUNDERSON. I appreciate the Are there amendments to title III? of the national fisheries lab would gentleman’s remarks and would hope Mr. GUNDERSON. Mr. Chairman, I threaten the supply of products that that the Department of the Interior move to strike the last word for the helps to minimize these risks. Loss of would recognize that the decisions we purposes of entering into a colloquy this lab would undoubtedly force us to make here in the National Biological with the distinguished chairman of the reinvest greater funding in seafood in- Survey in no way are meant to direct committee. spection activities, since a system that specific decisions regarding specific The CHAIRMAN. Is there objection is risk-based increases the size and labs. to the request of the gentleman from scope in direct proportion with the risk The CHAIRMAN. Are there further Wisconsin? it attempts to curtail. amendments to title III? There was no objection. I would assure the distinguished AMENDMENT OFFERED BY MR. OWENS The CHAIRMAN. The gentleman chairman that my subcommittee, the Mr. OWENS. Mr. Chairman, I offer an from Wisconsin is recognized for 5 min- committee on Agriculture Subcommit- amendment. utes. tee on Livestock, Dairy, and Poultry, The CHAIRMAN. The Clerk will des- Mr. GUNDERSON. Mr. Chairman, I will be proceeding with legislative re- ignate the amendment. want to thank the distinguished chair- form of our Nation’s meat, poultry, and The text of the amendment is as fol- man of the Interior appropriations sub- seafood inspection systems. lows: committee for engaging in this col- If we cut at this time funding to the loquy with me. All of us in the Con- Amendment offered by Mr. OWENS: Page 94, National Biological Survey for this after line 23, insert the following new sec- gress are faced, as we know, with tough particular lab without providing spe- tion: fiscal choices this year. There is no- cific guidance on where the money SEC. 318. (a) RESERVATION OF ROYALTY.— body who has faced that any more than should be taken from, it would put this Production of all locatable minerals from the chairman of the Interior appropria- entire process in jeopardy and we any mining claim located under the general tions subcommittee, as he has tried to would simply have to recreate that in- mining laws, or mineral concentrates or deal with the difficult decisions in this spection and that scientific research products derived from locatable minerals area. process later on. from any mining claim located under the general mining laws, as the case may be, I rise, however, this afternoon to cau- Therefore, I would request that the tion the chairman that some of the shall be subject to a royalty of 8 percent of chairman would take the necessary ac- the gross income from such production. The cuts that are being proposed may actu- tions to ensure that we can reach our claimholder and any operator to whom the ally have negative consequences of combined legislative objectives with- claimholder has assigned the obligation to costing us more than we intended to out forcing us to actually raise the make royalty payments under the claim and save. The bill before us does not specify budget deficit. any person who controls such claimholder or exactly where the money cut from the Mr. REGULA. Mr. Chairman, will the operator shall be jointly and severally liable National Biological Survey is to be gentleman yield? for payment of such royalties. taken. However, without specific guid- Mr. GUNDERSON. I yield to the gen- (b) DUTIES OF CLAIM HOLDERS, OPERATORS, ance or direction as to where those AND TRANSPORTERS.—(1) A person— tleman from Ohio. (A) who is required to make any royalty cuts should be made, I fear that cuts Mr. REGULA. I thank the gentleman payment under this section shall make such will be based on some formula that fo- for yielding. payments to the United States at such times cuses more heavily on meeting the in- Mr. Chairman, I thank the distin- and in such manner as the Secretary may by ternal agenda of the Department of the guished chairman of the Livestock, rule prescribe; and Interior rather than on focusing on Dairy, and Poultry Subcommittee for (B) shall notify the Secretary, in the time more broadly what is best for our Na- his remarks. I especially appreciate his and manner as may be specified by the Sec- tion as a whole. acknowledgement of and support for retary, of any assignment that such person In fact, this is already illustrated by may have made of the obligation to make the deficit reduction activities that my any royalty or other payment under a min- a recent decision by the Department of subcommittee is engaged in. ing claim. the Interior to issue a list outlining I do not envy the task ahead of the (2) Any person paying royalties under this labs currently under the jurisdiction of distinguished chairman as he takes up section shall file a written instrument, to- the National Biological Survey that legislation to reform our Nation’s sys- gether with the first royalty payment, af- would be closed. One lab slated for clo- tems of meat, poultry, and seafood in- firming that such person is liable to the Sec- sure is the national fisheries lab within spection. retary for making proper payments for all the Upper Mississippi Science Center in I recognize the fact that any cuts to amounts due for all time periods for which LaCrosse, WI. I have a letter I would the Upper Mississippi Science Center such person as a payment responsibility. Such liability for the period referred to in like to insert from Secretary Babbitt put you in a precarious position of hav- the preceding sentence shall include any and at this point in the RECORD that articu- ing to potentially develop a more in- all additional amounts billed by the Sec- lates this. tense and costly system of seafood in- retary and determined to be due by final The Upper Mississippi Science Center spection. agency or judicial action. Any person liable is a one-of-a-kind research facility. The Certainly, maintaining the safest, for royalty payments under this section who work this facility performs is unique most abundant, highest quality, and assigns any payment obligation shall remain and essential to the Nation. most affordable food supply on the jointly and severally liable for all royalty Under a contract with 40 different planet is in the best interest of all payments due for the claim for the period. States, the center conducts research (3) A person conducting mineral activities Americans. shall— which is necessary for registering I would like to assure the gentleman (A) develop and comply with the site secu- chemicals and drugs used in aqua- that while this bill reduces funding by rity provisions in operations permit designed culture and marine fisheries. This cen- over $60 million for biological research to protect from theft the locatable minerals, ter is the only research institute in the programs, and transfers programs to a concentrates or products derived therefrom country with the facilities, personnel, research arm within the U.S. Geologi- which are produced or stored on a mining experience, and laboratory practices cal Survey, nothing in this bill specifi- claim, and such provisions shall conform for the development of information cally requires where specific cuts with such minimum standards as the Sec- necessary to drug and chemical reg- should be made. Those decisions will be retary may prescribe by rule, taking into ac- count the variety of circumstances on min- istration processes. made on a priority basis solely within ing claims; and I am convinced that without an ade- the Department of the Interior. (B) not later than the 5th business day quate and diverse supply of these Towards that end, I would encourage after production begins anywhere on a min- chemical and drug products, public the Secretary of the Interior to proceed ing claim, or production resumes after more H 7106 CONGRESSIONAL RECORD — HOUSE July 18, 1995 than 90 days after production was suspended, quest, have access to all royalty accounting cific production which led to the notify the Secretary, in the manner pre- information in the possession of the Sec- underreporting, or scribed by the Secretary, of the date on retary respecting the production, removal, (D) such person meets any other exception which such production has begun or re- or sale of locatable minerals, concentrates, which the Secretary may, by rule, establish. sumed. or products derived therefrom from claims (4) The Secretary may by rule require any on lands open to location under the general (7) All penalties collected under this sub- person engaged in transporting a locatable mining laws. section shall be deposited in the Treasury. mineral, concentrate, or product dervied (3) Trade secrets, proprietary, and other (g) EXPANDED ROYALTY OBLIGATIONS.—Each therefrom to carry on his or her person, in confidential information shall be made avail- person liable for royalty payments under his or her vehicle, or in his or her immediate able by the Secretary pursuant to a coopera- this section shall be jointly and severally control, documentation showing, at a mini- tive agreement under this subsection to the liable for royalty on all locatable minerals, mum, the amount, origin, and intended des- Secretary of Agriculture upon request only concentrates, or products derived therefrom tination of the locatable mineral, con- if— lost or wasted from a mining claim located centrate, or product derived therefrom in (A) the Secretary of Agriculture consents or converted under this section when such such circumstances as the Secretary deter- in writing to restrict the dissemination of loss or waste is due to negligence on the part mines is appropriate. the information to those who are directly in- of any person or due to the failure to comply ECORDKEEPING AND REPORTING RE- (c) R volved in an audit or investigation under with any rule, regulation, or order issued QUIREMENTS.—(1) A claim holder, operator, or this section and who have a need to know; under this section. other person directly involved in developing, (B) the Secretary of Agriculture accepts li- producing, processing, transporting, purchas- ability for wrongful disclosure; and (h) EXCEPTION.—No royalty shall be pay- ing, or selling locatable minerals, con- (C) the Secretary of Agriculture dem- able under subsection (a) with respect to centrates, or products derived therefrom, onstrates that such information is essential minerals processed at a facility by the same subject to this Act, through the point of to the conduct of an audit or investigation person or entity which extracted the min- royalty computation shall establish and under this subsection. erals if an urban development action grant maintain any records, make any reports, (f) INTEREST AND SUBSTANTIAL has been made under section 119 of the Hous- and provide any information that the UNDERREPORTING ASSESSMENTS.—(1) In the ing and Community Development Act of 1974 Secretary may reasonably require for the case of mining claims where royalty pay- with respect to any portion of such facility. purposes of implementing this section or de- ments are not received by the Secretary on (i) EFFECTIVE DATE.—The royalty under termining compliance with rules or orders the date that such payments are due, the this section shall take effect with respect to under this section. Such records shall in- Secretary shall charge interest on such the production of locatable minerals after clude, but not be limited to, periodic reports, under payments at the same interest rate as the enactment of this Act, but any royalty records, documents, and other data. Such re- is applicable under section 6621(a)(2) of the payments attributable to production during ports may also include, but not be limited Internal Revenue Code of 1986. In the case of the first 12 calendar months after the enact- to, pertinent technical and financial data re- an underpayment, interest shall be computed ment of this Act shall be payable at the expi- lating to the quantity, quality, composition and charged only on the amount of the defi- ration of such 12-month period. volume, weight, and assay of all minerals ex- ciency and not on the total amount. tracted from the mining claim. Upon the re- (2) If there is any underreporting of roy- POINT OF ORDER quest of any officer or employee duly des- alty owed on production from a claim for ignated by the Secretary or any State con- any production month by any person liable Mr. POMBO. Mr. Chairman, I make a ducting an audit or investigation pursuant for royalty payments under this section, the point of order. to this section, the appropriate records, re- Secretary may assess a penalty of 10 percent The CHAIRMAN. The gentleman will ports, or information which may be required of the amount of that underreporting. state his point of order. by this section shall be made available for (3) If there is a substantial underreporting inspection and duplication by such officer or of royalty owed on production from a claim Mr. POMBO. Mr. Chairman, the employee or State. for any production month by any person re- amendment offered by the gentleman (2) Records required by the Secretary sponsible for paying the royalty, the Sec- from New York [Mr. OWENS] violates under this section shall be maintained for 6 retary may assess an additional penalty of 10 clause 2 of rule XXI of the Rules of the years after cessation of all mining activity percent of the amount of that House. The amendment is clearly a leg- at the claim concerned unless the Secretary underreporting. notifies the operator that he or she has initi- (4) For the purposes of this subsection, the islative provision and, therefore, ated an audit or investigation involving such term ‘‘underreporting’’ means the difference should not be added to the appropria- records and that such records must be main- between the royalty on the value of the pro- tions bill. tained for a longer period. In any case when duction which should have been reported and The CHAIRMAN. Does the gentleman an audit or investigation is underway, the royalty on the value of the production from New York desire to be heard on records shall be maintained until the Sec- which was reported, if the value which retary releases the operator of the obligation should have been reported is greater than the point of order? to maintain such records. the value which was reported. An Mr. OWENS. Yes, Mr. Chairman. (d) AUDITS.—The Secretary is authorized to underreporting constitutes a ‘‘substantial conduct such audits of all claim holders, op- underreporting’’ if such difference exceeds 10 The point of order which has been erators, transporters, purchasers, processors, percent of the royalty on the value of pro- raised against this amendment rep- or other persons directly or indirectly in- duction which should have been reported. resents gross hypocrisy. volved in the production or sales of minerals (5) The Secretary shall not impose the as- While my amendment does include covered by this title, as the Secretary deems sessment provided in paragraphs (2) or (3) of authorizing language, that is, by prop- necessary for the purposes of ensuring com- this subsection if the person liable for roy- pliance with the requirements of this sec- alty payments under this section corrects er observance of the rules, not per- tion. For purposes of performing such audits, the underreporting before the date such per- mitted in an appropriations bill, by the Secretary shall, at reasonable times and son receives notice from the Secretary that now it is crystal clear to all of us that upon request, have access to, and may copy, an underreporting may have occurred, or be- this appropriation bill is riddled with all books, papers and other documents that fore 90 days after the date of the enactment scores of authorization provisions, and relate to compliance with any provision of of this section, whichever is later. there are many more appropriations this section by any person. (6) The Secretary shall waive any portion bills on their way through the sub- (e) COOPERATIVE AGREEMENTS.—(1) The of an assessment under paragraph (2) or (3) of committee and the committee process Secretary is authorized to enter into cooper- this subsection attributable to that portion ative agreements with the Secretary of Agri- of the underreporting for which the person which have even more examples of au- culture to share information concerning the responsible for paying the royalty dem- thorization provisions. royalty management of locatable minerals, onstrates that— This point of order represents an un- concentrates, or products derived therefrom, (A) such person had written authorization bridled hypocrisy because both Demo- to carry out inspection, auditing, investiga- from the Secretary to report royalty on the tion, or enforcement (not including the col- value of the production on basis on which it cratic and Republican Members on the lection of royalties, civil or criminal pen- was reported, or floor here are prevented from proposing alties, or other payments) activities under (B) such person had substantial authority the same types of substantive changes this section in cooperation with the Sec- for reporting royalty on the value of the pro- to bills that the authors of the appro- retary, and to carry out any other activity duction on the basis on which it was re- priations bills clearly are being al- described in this section. ported, or lowed to propose in subcommittee and (2) Except as provided in paragraph (4)(A) (C) such person previously had notified the in committee. of this subsection (relating to trade secrets), Secretary, in such manner as the Secretary and pursuant to a cooperative agreement, may by rule prescribe, of relevant reasons or I will just give you one example in the Secretary of Agriculture shall, upon re- facts affecting the royalty treatment of spe- this particular bill, page 478, line 14. July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7107 There is a $50 million earmark to re- page 47, line 14, of this particular bill Mr. GUTKNECHT. Mr. Chairman, I main available indefinitely for con- which has a $50 million earmark to re- yield myself such time as I may struction of forest roads by timber pur- main available indefinitely for the con- consume. chasers, $50 million. That is legislat- struction of forest roads—— Mr. Chairman, Jefferson once said ing. It is legislating in favor of cor- Mr. POMBO. Again, Mr. Chair- that ‘‘The will of the people is the only porate welfare, pure and simple, cor- man—— legitimate foundation of any govern- porate welfare, but in the bill. The CHAIRMAN. The gentleman’s ment.’’ I have heard the will of the peo- Specifically, in this case, by possibly point of order is well taken. The gen- ple of my district loud and clear and blocking a vote on my amendment, tleman will confine his remarks to the this afternoon I am asking Congress to this point of order would rob the Amer- point of order at hand. act upon that will. ican people of the opportunity to re- The Chair is prepared to respond to These 3 books contain over 12,000 duce the deficit by almost $2 billion the point of order. names of constituents from Minnesota, over 7 years, and we all want to reduce Mr. OWENS. I am responding to the Wisconsin, and Iowa who strongly op- the deficit. point of order in that there are under pose designating the Mississippi River Here is a creative way to reduce the way numerous provisions of the same as a National Heritage Corridor. They deficit. Here is a creative way to get kind that I have here in appropriation believe that such a designation may be new revenue without taxes. We are all bills. There are examples in this bill. I the Federal Government’s first step to- looking for new ways to get revenue want to know what is the difference be- wards increased Federal regulation in without taxes, I am sure. tween the kind of amendment that I the 120 counties and parishes along the It is a golden opportunity to also ex- am proposing and the kind of provi- Mississippi. hibit truth in budget balancing. If you sions that are routinely based in the The amendment we are offering really want to balance the budget, let appropriations bills now. Mine would would eliminate funds for the Mis- us deal with some of the giveaways be of great benefit to the American sissippi River Heritage Corridor Com- that we are always protecting. With all people because it would stop allowing mission. Mark Twain once said that the clos- of the talk I hear about deficit reduc- mining companies to rake in $1.2 mil- est thing to eternal life on earth is a tion from the other side of the aisle, I lion a year for mining hard-rock min- government program. Congress created am shocked some of my Republican erals on public lands that belong to—— the Commission in 1990 for a 3 year pe- colleagues prefer to continue to allow Mr. POMBO. Again, Mr. Chairman, I riod. They were extended once, and rich mining companies to continue to have to raise a point of order. now they’re seeking an additional pocket the money of hard-working The CHAIRMAN. The gentleman’s point is well taken. $142,000 for a fifth year. It is time to American taxpayers. put an end to this Commission before it This amendment would provide that The Chair is prepared to rule on this point of order. grows roots. the royalties would be charged, 8 per- There are basically two ways of look- cent royalty would be charged on the For the reasons stated by the gen- tleman from California the point of ing at this Corridor Commission. Ei- value of minerals produced from ther it is, as 12,000 constituents believe, hardrock mining by private companies order is sustained. This amendment legislates on an appropriation bill—— the early stages of a Federal takeover on Federal lands. Currently, the Fed- of the Mississippi corridor, or it is, as eral Government does not collect a sin- Mr. OWENS. I appeal—— The CHAIRMAN. The fact that the the Commission supporters have said, gle dollar in royalties from these com- an innocuous group with no real power. panies. other language is in the bill against which points of order have been If the latter is true, continuing to fund This is precisely the type of taxpayer the Commission is a waste of taxpayer swindle that the Republicans are not waived, is not relevant. Mr. OWENS. Mr. Chairman, I appeal money. If the people are correct, we willing to talk about. It is a kind of should do everything we can to make corporate welfare that exists in the the ruling of the Chair. The CHAIRMAN. The question is, sure that the Father of Waters does not budget and in the appropriations proc- Shall the decision of the Chair stand as become the ‘‘Mother of all Federal land ess. the judgment of the Committee? grabs.’’ Mr. POMBO. Point of order. I do not The question was taken; and the The Commission has had 5 years to believe the gentleman is addressing the Chairman announced that the ayes ap- get public input on the National Herit- point of order which I raised. I believe peared to have it. age Corridor. To say that it needs an he does feel very strongly about his So the decision of the Chair stood as additional $142,000 to conduct 10 meet- amendment, which is out of order, but the judgment of the Committee. ings is outrageous. Only in Washington he is not addressing the point of order The CHAIRMAN. Are there further could $14,000 per public meeting be con- which I raised. amendments to title III? sidered a bargain. Mr. Chairman, I yield 1 minute to the b 1315 AMENDMENT OFFERED BY MR. GUTKNECHT Mr. GUTKNECHT. Mr. Chairman, I gentleman from Missouri [Mr. EMER- The CHAIRMAN. The gentleman’s SON]. offer an amendment. point is well taken. The gentleman will (Mr. EMERSON asked and was given The CHAIRMAN. The Clerk will des- confine his remarks to the point of permission to revise and extend his re- order. ignate the amendment. The text of the amendment is as fol- marks.) Mr. OWENS. The point of order re- Mr. EMERSON. Mr. Chairman, I rise lows: lates to the fact that there is in this today in strong support of the appropriation bill, and all the others, Amendment offered by Mr. GUTKNECHT: Gutknecht amendment and commend Page 94, after line 24, insert the following legislation of this kind. I just gave my new section: the gentleman’s leadership in bringing colleagues one example, and this is SEC. 318. None of the funds provided in this this important matter for our action. proposing one that will be very bene- Act may be made available for the Mis- For those of you who may not be fa- ficial for the American people in that sissippi River Corridor Heritage Commission. miliar with this issue, the actual Mis- it will reclaim a giveaway of gold—— The CHAIRMAN. Pursuant to the sissippi River Corridor Study Commis- Mr. POMBO. Again point of order, rule, the gentleman from Minnesota sion Act of 1989 stated that the final re- Mr. Chairman. He is not addressing the [Mr. GUTKNECHT] and a Member op- port of the Commission must be sub- point of order in which I raised. posed will each be recognized for 5 min- mitted no later than 3 years after the The CHAIRMAN. The gentleman’s utes. date of the first meeting of the Com- point is well taken. The gentleman will The Chair recognizes the gentleman mission. Proponents of this Commis- confine his remarks to the point of from Minnesota [Mr. GUTKNECHT]. sion believed this would be a sufficient order, whether or not this amendment Mr. GUTKNECHT. Mr. Chairman, I amount of time and money to complete legislates on an appropriations bill. yield myself a minute and a half. its work. Well, we are in the fifth year Mr. OWENS. Well, I would like to (Mr. GUTKNECHT asked and was and the study has yet to be completed, know from the gentleman what is the given permission to revise and extend and now they are asking for more difference between my amendment at his remarks.) money. H 7108 CONGRESSIONAL RECORD — HOUSE July 18, 1995 More alarming, however, is the direc- I do not know why the Commission law because it has not received the full fund- tion taken by the Commission since its should not be allowed to complete its ing authorized for the study. Given the current creation. The plan would allow the work. I think that there ought to be a fiscal climate and the nature of the Commis- Federal Government to designate the deadline imposed on when the final re- sion, this was an unrealistic expectation. 120 counties and parishes that border port should be issued and that deadline Authorization for the Commission expired the Mississippi River as an environ- should be strictly enforced so that any last year. At that time, the Commission had mental corridor along the river with worries that private property owners failed to meet any of its obligations. While the restrictive zoning requirements. If al- along the river have can be allayed. Commission completed a draft final report in lowed to take place, this plan would Mr. Chairman, I see no basis for this March 1995, it returned this year and asked seek to control all land use in adjacent amendment at all, and I oppose the that Congress provide another $149,000 so river areas and override all local land amendment. that it could print its final report and hold the use plans in these river counties. It’s Mr. GUTKNECHT. Mr. Chairman, I required 10 hearings. Congressman REGULA's nothing more than a Federal land grab. yield 1 minute to the gentleman from subcommittee reduced that funding to Furthermore, the Mississippi River Ohio [Mr. REGULA]. $142,000, but I strongly urge that no funds ap- Heritage Corridor would designate pre- Mr. REGULA. Mr. Chairman, we have propriated in this bill be allocated to the Com- serve areas to be controlled as the Fed- no problem with this amendment. I mission. eral Government sees fit. Even the Na- think there have been long delays out I want to stress that this amendment is not tional Park Service admits that while there in getting anything accom- necessarily anti-Commission or anti-heritage the general public believes the Herit- plished, and adding another year of area. I believe in preserving the valuable natu- age Corridor to be an economic revital- money does not do anything construc- ral resources of the Mississippi River Corridor ization program, it is in reality more tive. I have discussed it with the Mem- and feel Congress should be given the oppor- preservation oriented. Likewise, I ob- bers up and down the corridors that are tunity to consider every alternative for provid- ject to the cost of this project which involved, and they are very much in ing such protection. In fact, I have consistently would be seized from the pockets of favor of the amendment. supported the Commission, voting in favor of Missouri taxpayers and I am staunchly Therefore, at least on our side, we its appropriations every year since the Com- opposed to giving Federal bureaucrats are perfectly willing to accept it. mission was formed. The Commission ap- the say over the use of private property Mr. GUTKNECHT. Mr. Chairman, I proached me last year during the appropria- in these river areas. would just say that this amendment is tions process and asked for my support on Property owners, farmers, ranchers, being supported by most of the Mem- further funding. While I had reservations about and true conservationists up and down bers who have property adjoining or funding an unauthorized commission, I felt ob- the river are opposed to this unjust have parts of their district that adjoin ligated to my constituents to ensure that Con- governmental takings and other such the Mississippi River. gress was presented with all the facts sur- It is also supported by the Minnesota efforts, such as The Mississippi River rounding heritage area designation. I sup- Farm Bureau, Americans for Tax Re- Heritage Corridor, to snatch control of ported the $149,000 appropriation for the form Foundation, the National Tax- their property. Clearly, we cannot Commission based on Commission members' payers Union, the National Hardwood allow preservationist and radical envi- assurances that they would meet their obliga- Lumber Association, the Illinois Asso- ronmental interest groups along with a tions under the law and complete a final report ciation of Drainage Districts, Private faceless Washington bureaucracy to by the end of 1995. Landowners of Wisconsin, Ogle County dictate the use of thousands of acres of Despite those assurances, the Commission Farm Bureau, Blackhawk Area Land- farmland in my home State and has returned to this Congress looking for owners Association, CRZLR, Inc., Min- throughout the Upper and Lower Mis- funds, yet there is no final report, and not one nesota Agri-Growth Council, Inc., and sissippi River Valley. hearing has been held. While I don't nec- B.A. Mulligan Lumber & Manufactur- essarily think the Commission was a poor Mr. Chairman, I have heard from ing Co. hundreds of my constituents on this Mr. Chairman, I say to my col- idea, the rules have changed this year. We issue and they oppose it. The Mis- leagues, ‘‘I would appreciate your sup- have made a commitment to balance the sissippi River Valley produces many port.’’ budget over the next 7 years. An appropriation millions of dollars worth of agricul- Mr. GUNDERSON. Mr. Chairman, this of $142,000 may not seem like a great sum of tural products for both domestic use amendment would essentially eliminate fund- money, but if we are going to act responsibly and export throughout the world. This ing for the Mississippi River Heritage Corridor and balance the budget, we cannot continue Federal land use undertaking is mis- Study Commission, a commission which, like to provide funds for perpetual commissions guided and ill-conceived. The so many study commissions established by and studies. Gutknecht amendment must be adopt- Congress, would endure eternally if given the The Chairman of the Commission has in- ed, and I urge my colleagues to support chance. formed me that the Commission will be able to it. The Commission was established in 1990 issue its final report regardless of whether Mr. YATES. Mr. Chairman, I rise in by Public Law 101±398. The purpose of the Congress provides them these funds. I am opposition to the amendment offered Commission was to study and determine the glad that funding provided the Commission by the gentleman from Minnesota [Mr. feasibility of designating the Mississippi River since 1991 has not gone to waste and that GUTKNECHT]. corridor a national heritage corridor. In addi- Congress will have the opportunity to review Mr. Chairman, I think the gentleman tion, the Commission was directed to make the Commission's recommendations. In addi- from Missouri has a point, when he recommendations to Congress for preserving tion, this amendment does not preclude any talks about the fact that the hearings and enhancing the unique natural, rec- Member from offering a bill in the future to were to have been completed and a re- reational, scenic and cultural resources of the designate the Mississippi River a heritage cor- port was to have been issued. Neverthe- river corridor. ridor. less, I want to rise in opposition to the The law authorized the Commission for 3 Study commissions such as this have a his- amendment because there is nothing in years to complete the study, issue a final re- tory of continuing on interminably if provided the Corridor Commission feasibility re- port and hold public hearings in each of the 10 the funding. This amendment will simply en- port that would in any way provide for States bordering the Mississippi River. The sure that Congress does not provide funding the takeover by the Federal Govern- law authorized $500,000 a year for the Com- for an unauthorized program that is failing to ment of Private lands. The authority of mission for a 3-year period beginning on the get its job done. the Commission does not in any way date the Commission initially met. Since July, The CHAIRMAN. The question is on allow them to affect private property 1991, when the Commission held its first the amendment offered by the gen- rights. It does not threaten property meeting, Congress has appropriated to the tleman from Minnesota [Mr. rights at all. It does not impose any Commission $200,000 for fiscal year 1991, GUTKNECHT]. regulatory burden on businesses or $150,00 for fiscal year 1993, $149,000 for fis- The amendment was agreed to. farms. There is nothing in this report cal year 1994, and $149,000 for fiscal year The CHAIRMAN. The Clerk will read that even suggests big government con- 1995. The Commission has argued that it has the last 2 lines of the bill. trol of the Mississippi River. been unable to meet its obligations under the The Clerk read as follows: July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7109 This Act may be cited as the ‘‘Department manufactured mostly in Asia. The band oil through the year 2015. Consumers of the Interior and Related Agencies Appro- magnetic ballast is made in the United and businesses will receive savings of priations Act, 1996’’. States. It is not our job to pick light $1.7 billion annually. Federal standards AMENDMENT OFFERED BY MR. PARKER bulbs, or dishwashers or washing ma- have been supported by manufacturers Mr. PARKER. Mr. Chairman, I offer chines. That job belongs to the and other interested parties because an amendment. consumer. U.S. manufacturers and they replaced a patchwork of State The CHAIRMAN. The Clerk will des- workers should be able to produce and standards which were unmanageable ignate the amendment. sell safe products that meet the needs and burdensome to industry. The text of the amendment is as fol- of their customers. When we let DOE This is a most destructive amend- lows: make that decision, our citizens loose ment, and I hope it will be defeated. Amendment offered by Mr. PARKER: their consumer choices, and thousands Mr. Chairman, I reserve the balance Amendment No. 61: of my time. At the end of the bill, insert after the last lose their jobs. We need to stop this. section (preceding the short title) the follow- My amendment will save slightly Mr. PARKER. Mr. Chairman, I yield ing new section: over 12.7 million taxpayer dollars, will 3 minutes to the gentleman from Penn- SEC. . (a) LIMITATION ON USE OF FUNDS.— redirect DOE efforts to research and sylvania [Mr. WALKER]. None of the funds made available in this Act provide consumer information, will Mr. WALKER. Mr. Chairman, I want may be used by the Department of Energy in save tens of thousands of jobs and pre- to congratulate the gentleman from implementing the Codes and Standards Pro- serve billions in investments. This Mississippi for this amendment. This gram to plan, propose, issue, or prescribe any amendment provides a 1–year time out amendment simply implements author- new or amended standard. ization language already adopted by (b) CORRESPONDING REDUCTION IN FUNDS.— and sends a clear signal to the DOE The aggregate amount otherwise provided in that they have gone too far. To help the Committee on Science which I this Act for ‘‘DEPARTMENT OF ENERGY— the department reform this program, I chair. That authorization was passed Energy Conservation’’ is hereby reduced by intend to work with the gentleman by a voice vote. In fact, an amendment $12,799,000. from Virginia [Mr. BLILEY] and the designed to gut this particular ap- The CHAIRMAN. Pursuant to the gentleman from Colorado [Mr. SCHAE- proach was defeated overwhelmingly in rule, the gentleman from Mississippi FER] of the Committee on Commerce the committee by a 27 to 9 vote. [Mr. PARKER] and a Member opposed on authorizing legislation to fully rem- What this amendment does is just will each be recognized for 10 minutes. edy this situation, and I ask for my implements common sense. It says that The Chair recognizes the gentleman colleagues’ vote. the big brother, namely the Federal from Mississippi [Mr. PARKER]. Mr. Chairman, I reserve the balance Government, should not tell the U.S. Mr. PARKER. Mr. Chairman, I yield of my time. consumer what products they can and myself 3 minutes. cannot buy. Without this amendment, Mr. Chairman, my amendment will b 1330 what you have is DOE bureaucrats in- effectively block for 1 year new Mr. YATES. Mr. Chairman, I claim tending to impose new Federal regula- rulemakings under the Department of the time in opposition to the amend- tions that deny consumers certain ap- Energy’s codes and standards program. ment. pliances like lights, televisions, wash- DOE has long conducted research and The CHAIRMAN. The gentleman ing machines, air conditioners and information campaigns to develop and from Illinois [Mr. YATES] is recognized ovens. The Government wants to de- promote energy conservation and effi- for 10 minutes. cree that certain appliances that use ciency. I applaud those efforts, and my Mr. YATES. Mr. Chairman, I yield what it considers too much electricity amendment allows continued funding myself such time as I may consume. are going to be illegal. That is right, for the DOE’s testing and labeling pro- This amendment is a very drastic you will not be able to buy them be- grams, but my amendment will stop measure to fix a problem regarding cause they will be illegal in the mar- funding of standard setting lamp ballast that no longer exists. The ketplace. These tend to be the less ex- rulemakings currently underway that rulemaking programs for building pensive models that middle and work- actually steal away consumer choice. codes and equipment standards is abso- ing class families can afford. So what Such rules are supposed to promote en- lutely essential. Secretary of Energy you are going to do is take the middle ergy efficiency and appliances. The O’Leary wrote to Chairman REGULA on and working class families out of the problem is that when DOE wrote these July 12 and said, ‘‘I am aware that the market and in favor of high-priced ap- rules, they set product standards so proposed rule on lamp ballast has cre- pliances that only the wealthy will be high that they end up banning whole ated considerable debate and may be able to buy. types of products and make others un- the impetus for Mr. PARKER’s amend- So what we are really doing with the economic. If the DOE rules go into ef- ment, but I want to assure you as Parker amendment is killing the re- fect, jobs in my State will be elimi- strongly as I can that we are listening gressive regulatory tax that is being nated, thousands of jobs across Amer- to the National Electrical Manufactur- imposed by DOE, unless we go this par- ica will be destroyed, U.S. manufac- er’s Association, the Electronic Indus- ticular direction. tured products will be banned, try’s Association, and companies like Just think, with the heat wave that consumer choice will be limited, and Magnetek and Philips, who fear that we had this last week, if you had low whole factories in this country will the rule could inherently favor elec- income Americans unable to buy low close. tronic over electromagnetic ballasts. cost air conditioners, the fact is you This is not a proper function of gov- We are examining the economic im- would have even more people suffering. ernment. the rule in question does not pacts of standards on manufacturers That is typical of what we get in com- even make sense. For example, DOE’s and on competition, whether there are mand and control benevolence when proposed standard will ban the com- application differences which warrant the Federal Government comes in. mon magnetic ballast last used in fluo- separate classes, and we will consider They simply say to low income people, rescent lighting and permit only a issues such as timing and the strin- guess what, folks, we are going to price newer electronic ballast. Aside from gency of standards.’’ you out of the marketplace. The the fact that this outright eliminates So said the Secretary of Energy, Mrs. Parker amendment says let us not the magnetic ballast industry, the use O’Leary, and I think that is reassur- price them out of the marketplace. of electronic ballast has grown from 2 ance that the evils and the When I was asked what would be the percent of the market in 1987 to 40 per- wrongdoings suggested by my friend practical effect of the new DOE rules, I cent today. Clearly the market is being from Mississippi, Mr. PARKER, have no was told I did not have to worry, be- driven towards energy efficiency with- basis. cause they would only raise the price out a new DOE rule. So why are we There are several other points worth for low income housing, because of the wasting tax resources on such rule- noting about the appliance and build- unavailability of lower priced appli- making? ing standards program, Mr. Chairman. ances. Also consider that the electronic bal- This program will result in energy sav- That is exactly the point. What we last that DOE is promoting is presently ings of 23 quads or 4 billion barrels of are doing is taxing the poor through H 7110 CONGRESSIONAL RECORD — HOUSE July 18, 1995 higher prices, and giving them a lower Further, the standard setting process toward making their appliances, which quality of life, to please the idealists does not have to be contentious. A new would in fact otherwise demand we im- who want to keep in place this idea standard for refrigerators has been port more oil from the Middle East, to that the Federal Government knows all jointly proposed by States, environ- a standard which could meet competi- and can do all. I think this amendment mental associations, electrical utili- tion from overseas. We have saved and is exactly the right approach. I would ties, and the Association of Home Man- will continue to save 4 billion barrels urge the adoption of it. ufacturers. The amendment which has of imported oil from the Middle East Mr. REGULA. Mr. Chairman, will the been offered by the gentleman from because of these standards, which have gentleman yield? Mississippi would prevent that new increased the efficiency of every light Mr. WALKER. I yield to the gen- standard from going into effect, even bulb and every stove and refrigerator tleman from Ohio. though it has the support of every af- in our country. That is all oil fired Mr. REGULA. Mr. Chairman, I want fected group and would benefit every- electricity is, is nothing more than to be sure I understand. The gentleman one who ever has to buy a refrigerator. every light bulb and air conditioner has legislation that is moving through Let us fix the problem of the lamp being turned on. your committee that will actually then ballast, which my alternative which I If we want to roll back the clock, we modify or repeal the Energy Policy Act will offer in a few minutes does, by pro- can just ignore this morning’s news of 1992 and the one of 1988, and so on hibiting any issuance of standards in that we have had a dramatic increase down the list, because this present au- the fluorescent lamp ballast case, but in crude oil imports this morning, thority flows from these. I just want to does not throw out all of our program, which resulted in the largest trade im- be sure I understand there is a poten- which allows us to save money for all balance number we have seen for a long tial authorizing bill to repeal that. Americans. time, and we can pretend we live on an Mr. WALKER. Mr. Chairman, re- Mr. Chairman, I would urge that we island, we can pretend that we do not claiming my time, just to clarify, what defeat the Parker amendment and then need to import oil, we can pretend that we are attempting to repeal is some of adopt the Olver amendment, which we the Middle East is not in a huge crisis, the standards for the future. We do will be debating shortly. and we can pretend somehow or an- maintain the energy efficiency product Mr. PARKER. Mr. Chairman, I yield other by denying the Federal Govern- standards, as does the Parker amend- myself 20 seconds. ment the ability to do it and preempt- ment, the State preemption provisions Mr. Chairman, let me just point out ing the States simultaneously, we are are retained, and it provides $3.8 mil- the simple fact that the gentleman not going to fall back into the same lion for DOE to continue to test prod- from Massachusetts [Mr. OLVER] is of- trap we had in the 1970’s and early ucts in order to enforce the current fering an amendment which separates 1980’s again. standards, grant waivers and ensure fluorescent lights and ballast is an ad- that is why this amendment goes consistent, reliable and uniform prod- mission there is a problem with the right at the heart of the question of uct energy efficiency product labeling. new rulemaking. That is the reason whether or not this Congress has We are going to keep the labeling in why my amendment should pass. learned the lessons of the crisis in the place; the information would stay in Mr. Chairman, I yield 30 seconds to 1970’s in our country. We save on im- place. We are simply not going to allow the gentleman for Illinois [Mr. ported oil 4 billion barrels. We in fact the Federal Government to rule prod- GUTIERREZ]. make these appliances much more en- ucts illegal. Mr. GUTIERREZ. Mr. Chairman, I vironmentally benign, so we are not Mr. REGULA. But you continue to would like to congratulate the gen- polluting as much, and we reduce costs preempt the States so manufacturers tleman from Mississippi [Mr. PARKER] and the need to deal with the Clean Air would have one uniform set of stand- on offering this amendment and ask all Act. We in fact create more jobs, which ards? the Members to support the amend- is why Honeywell, Whirlpool, Owens Mr. WALKER. The State preemption ment. Corning, Firestone, and all the rest of standards remain in the Parker amend- It is 350 jobs and two plants in my the companies oppose the Parker ment, and that is our intention as well. district alone. It is a 1-year morato- amendment. Mr. YATES. Mr. Chairman, I yield 2 rium. We can return after that year Mr. PARKER. Mr. Chairman, I yield minutes to the gentleman from Massa- and after all of the discussions are set- 1 minute to the gentleman from Illi- chusetts [Mr. OLVER]. tled, and then come back and see just nois [Mr. HYDE]. Mr. OLVER. Mr. Chairman, I thank what the new rules are. That way ev- (Mr. HYDE asked and was given per- the gentleman for yielding time to me. erybody can work on a level playing mission to revise and extend his re- Mr. Chairman, I rise in opposition to field. Three hundred fifty jobs is some- marks.) the Parker amendment, and I join at thing, and thousands of jobs across the Mr. HYDE. Mr. Chairman, I rise in the same time the strong disagreement country, is something that we should enthusiastic support for the Parker with the fluorescent lamp ballast consider before we vote on this amend- amendment. It will save American standard which the Department of En- ment. jobs, jobs which are being threatened ergy proposed last program for na- Mr. Chairman, I would like to con- by regulatory maneuvering by the De- tional energy efficiency standards. gratulate the gentleman from Mis- partment of Energy. This amendment Now, since the rule that we are oper- sissippi [Mr. PARKER]. would cut $12.8 million in regulatory ating under prevents me from offering Mr. YATES. Mr. Chairman, I yield 2 fat from DOE’s budget and preserve a a substitute to the Parker amendment, minutes to the distinguished gen- competitive marketplace and promote I will have an alternative to this tleman from Massachusetts [Mr. MAR- sensible energy conservation. More amendment, one which meets the con- KEY]. specifically, it would prohibit further cerns of fluorescent light ballast manu- Mr. MARKEY. Mr. Chairman, I thank departmental action on a proposed facturers and workers, as well as the the gentleman for yielding time to me. rulemaking concerning energy efficient environmental organizations, along the Mr. Chairman, you know, this standards for certain products. way. amendment is really the Luddite It is no wonder the Department of If you total the energy savings for all amendment of 1955 thus far. In this one Energy received over 8,000 comments household appliances from efficiency amendment, we embody all of the lost on the 1994 proposals. We are talking standards which have been imple- lessons of the 1970’s in our country. about one absurd regulation after an- mented over the last 5 years, each While the Japanese and Germans and other. For example, were DOE’s propos- American family is saving $210 and others move to a much more energy ef- als to take effect, the size of ovens every year. But efficiency helps busi- ficient culture, we continue to pretend would have to be so drastically reduced nesses, too. Well-formulated standards that we do not have to make our soci- they could not even accommodate a would save industry enough money to ety more energy efficiency. traditional 18-pound Thanksgiving tur- create 160,000 additional jobs, and re- In 1987 and 1988 and 1990 again, we key. Refrigerators would have to be duced demand for energy helps the en- passed laws to push the appliance in- made so large they would not be able vironment. dustry, to push these other industries, to fit through standard size doors in July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7111 apartments and many homes. Consum- fects, or sacrificing existing energy saving op- sought by the proposed DOE rule. We ers would be required to purchase larg- portunities. do not need this kind of rulemaking. er air conditioners, even if the room Mr. Chairman, this amendment would save Support the Parker amendment. size did not require it. the thousands of American jobs being threat- Mr. YATES. Mr. Chairman, I yield 1 The proposal for fluorescent lamp ened by these regulatory activities, result in minute to the gentleman from Ohio ballast, the devices used to start and greater energy conservation, and cut almost [Mr. OXLEY]. operate fluorescent lamps, was so mis- $13 million in fat from DOE's proposed budg- (Mr. OXLEY asked and was given directed it would actually eliminate et. In addition, it is important to note that the permission to revise and extend his re- the primary ballast technology cur- amendment will not prevent implementation of marks.) rently in use, known as electro- certain useful aspects of the program, relating Mr. OXLEY. Mr. Chairman, I rise in magnetic ballast. DOE would simply to establishing testing procedures for products, opposition to the amendment by the wipe out this useful technology, made labeling, and enforcement. gentleman from Mississippi [Mr. exclusively in the United States, in I urge my colleagues to join me in support- PARKER]. favor of another one, known as the ing this common sense amendment to save The energy efficiency standards electronic ballast manufactured in American jobs, cut more regulatory fat from which our committee so assiduously Mexico and Asia. the budget, preserve a competitive market- worked on and finally passed on a Mr. Chairman, I support the Parker place, and promote sensible energy conserva- strong bipartisan basis is truly in dan- amendment. tion. ger if the Parker amendment passes. I Mr. Chairman, electromagnetic ballasts are Mr. YATES. Mr. Chairman, I yield 1 want to give a lot of credit to the manufactured in my congressional district. And minute to the gentleman from Michi- chairman of the appropriations sub- I can tell you first hand, that this proposed gan [Mr. DINGELL], the distinguished committee, my friend, the gentleman regulation would put some of my constituents former chairman of the Committee on from Ohio [Mr. REGULA], for sticking to out of work. Had the proposal gone into effect, Energy and Commerce. his principles on this issue. We have set literally thousands of American workers in- b 1345 a strong record. volved in the manufacture of electromagnetic Mr. DINGELL. Mr. Chairman, I rise This is the kind of case where the in- ballasts would have faced unemployment, and dustry came in, as the gentleman from estimates suggest that manufacturers of elec- in opposition to the Parker amendment and urge my colleagues to vote against Michigan and the gentleman from Mas- tromagnetic ballasts would have lost hundreds sachusetts talked about, into our com- of millions of dollars in capital investment it in the knowledge that they will be able to vote for the Olver amendment mittee and said, we need a national writeoffs. The companies that supply materials standard for these energy efficiency for ballasts, and their employees, would also which will very shortly afford Members of this body full opportunity to protect products. Virtually all of the industry have been severely impacted. that I am aware of signed off on this. Mr. Chairman, the proposals for ballasts and the ballast question in a manner which will be satisfactory. It is totally untrue Now when we have some industries the other products I mentioned not only would that have had the foresight to actually cost American jobs but would severely chill that this is going, that the energy re- quirements now in place are going to follow the rules and regulations, they free and open marketplace competition. The are going to be punished if the Parker Department of Justice itself recognizes this. impose burdens on oven manufacturers and on refrigerator manufacturers. amendment passes. Let me just read an excerpt from a September That does not make a whole lot of 1994 letter from the Assistant Attorney Gen- That is totally without fact. My colleagues have forgotten the sense. So my sense is, let us support eral in charge of the Antitrust Division to the the Committee on Appropriations who Energy Department: reason we have these energy efficiency standards. It was to save energy. We knew what they were doing when they For television sets, fluorescent lamp bal- passed this particular provision in the lasts and professional-style or high-end did that because of the massive impact kitchen ranges it is the Department’s judg- on the American economy because of committee and certainly the Commit- ment based on the available evidence that cutoff of oil from the Middle East. If tee on Commerce that did such yeoman significant anticompetitive effects are likely you ever have that happen again, you work in setting these standards. to occur. will understand how Members of Con- Mr. PARKER. Mr. Chairman, I yield So, this administration's own Justice Depart- gress react when we have this kind of 1 minute to the gentleman from Wis- ment told DOE that its regulatory proposal situation. consin [Mr. GUNDERSON]. would likely cause significant anticompetitive I want to observe to my colleagues (Mr. GUNDERSON asked and was effects. And these anticompetitive effects don't one thing that is important: The stand- given permission to revise and extend stop there. The DOJ review also said that ards-making authority which this his remarks.) such anticompetitive effects might also result, amendment would do away with is Mr. GUNDERSON. Mr. Chairman, it under certain circumstances, from the pro- something which is supported and is one thing for us to lose jobs because posed rule for electric water heaters. For sought by American industry in the we cannot compete with foreign com- microwave ovens, oil-fired water heaters, room full knowledge that it avoids the prob- petitors. It is quite another thing for air conditioners, and direct heating equipment, lem of standards being imposed by 50 us to intentionally regulate jobs out of the review found there was evidence indicat- different States. You cannot run a na- existence in this country, and that is ing that anticompetitive effects could result. tion when you have 50 different States exactly what this regulation will do. Mr. Chairman, not only is DOE attempting to imposing different standards at the They talk about the fact that there restrain competition, but the evidence shows borders. I urge my colleagues to reject are 8,000 comments that have come in. that competition, without additional regulation, this. Vote for the Olver amendment That ought to tell somebody some- can achieve the very objective DOE purports which is coming up next. thing. But will the department go back to seek. Take ballasts for example. The origi- Mr. PARKER. Mr. Chairman, I yield and start over? No. What they have nal fluorescent lamp ballast standards working 30 seconds to the gentleman from Ala- done is they have piecemealed this up in tandem with market forces are already bama [Mr. CRAMER]. into eight different sections so nobody achieving the program's energy saving objec- Mr. CRAMER. Mr. Chairman, I rise knows where anybody is at. That is tives. The market penetration of electronic bal- in support of the Parker-Walker why we have no choice but to come lasts, the devices that would have been man- amendment. I hope our colleagues will here today and to try to do something dated by DOE's 1994 proposal, has increased pay attention to this. This amendment like this. from 2 percent in 1987 to almost 40 percent eliminates funding for unnecessary One of my colleagues on the other in 1994. Moreover, without the heavy hand of DOE energy efficiency rulemaking. The side suggested earlier that somehow or DOE it is expected that electronic ballasts will proposed rulemaking, if left as pro- another the bipartisan commitment comprise over 50 percent of the market by posed, would eliminate thousands of was in opposition to the gentleman 1998. A free market approach is resulting in American jobs. In my district alone, it from Mississippi [Mr. PARKER]. Well, I expansion of electronic ballasts, and it is doing would eliminate 1,000 jobs. This amend- would reject that. I would suggest if so without causing severe economic hard- ment solves this problem. The market you look at those who support the ships, creating significant anticompetitive ef- competition is achieving the objectives Parker amendment, you will find the H 7112 CONGRESSIONAL RECORD — HOUSE July 18, 1995 National Electrical Manufacturers As- Now the supporters of this amendment statutory power to grant a number of State re- sociation, the Electronic Industries As- would apparently have us believe that we quests for waivers. In fact, just in the past few sociation, the International Brother- shouldn't really use a cost-benefit testÐwe days California has put such a process in mo- hood of Electrical Workers, the Indus- should just trust them to make a subjective tion, anticipating our action today. trial Union Department of the AFL– and political judgment about the value of this Returning to a patchwork system is not in CIO, the National Association of Home program. the interests of anyoneÐindustrialists, environ- Builders, the Flint Glass Workers Let's look at the real facts concerning the mentalists, or consumers. Union, the National Multi Housing efficiency program. There has been a great In summary, the Parker amendment would Council, and the National Apartment deal of controversy about fluorescent light bal- set a very unwise policy course for this Nation. Association. lasts, and there is a lot of misinformation on Let's stop our reflexive environment bashing, Support the Parker amendment. this subject. It is true that there are jobs in the regulation bashing, and bureaucrat bashing Mr. PARKER. Mr. Chairman, I yield magnetic ballast industry in Mississippi and and take some sensible, moderate steps to myself the balance of my time. elsewhere that are in jeopardy. save money for consumers and provide for a Let me just close by saying that a lot It is also true, however, that other U.S. firms sound energy future for our children. Defeat has been said about what this amend- like Motorola in Buffalo Grove, IL, are produc- the Parker amendment, support Mr. OLVER's ment will do. The Parker amendment ing electronic ballasts and reaping large prof- compromise, and I yield back any remaining will not affect existing energy effi- its. The electronic ballast business, in which time. ciency standards and the benefits that several other U.S. firms participate, is a busi- Mr. YATES. Mr. Chairman, I yield they have provided. Its existing na- ness of the future and it will grow at the ex- the balance of my time to the gen- tional energy efficiency standards will pense of older industries regardless of what tleman from Ohio [Mr. REGULA], chair- remain in effect. Label requirements to DOE does with efficiency standards. man of our subcommittee. enable consumers to make informed In fact, DOE has sufficient confidence in The CHAIRMAN. The gentleman choices among products will remain in market forces that they have withdrawn the from Ohio [Mr. REGULA] is recognized effect. Testing procedures to ensure re- proposed ballast standard and are considering for 2 minutes. liability of claims regarding energy ef- not issuing any standard in this area. Mr. REGULA. Mr. Chairman, I thank ficiency will remain in effect. Unfortunately, the controversy over ballasts the gentleman for yielding time to me. People keep talking about pretend- and televisions, for which the proposed rule I would point out to my colleagues ing. Let us pretend, for instance, that was also withdrawn, is being used as ammuni- that on October 5, 1992, by a vote of 363 90 percent of the jobs, 90 percent of the tion to eliminate the entire appliance efficiency to 60, we established in this body the electronic ballasts are not made in program. following policy: It added commercial Asia. Let us pretend that we are not Much of this program is not controversial at products to a standards program, set- going to lose all of these jobs. all. Last year, for example, the refrigeration in- ting initial standards for electric mo- Please support the Parker amend- dustry sat down with the environmentalists tors, central air conditioners, heat ment. It is the right thing to do, and it and worked out an agreement on refrigeration pumps, gas and oil furnaces, boilers, gives us a situation where we can cor- efficiency standards for the next century. All water heaters, plumbing equipment rect what has been going on for some the significant refrigerator manufacturers were lamps—that is the subject of this time. party to this agreement, which will provide a amendment. It requires the DOE to Mr. YATES. Mr. Chairman, I yield net savings of about $13 billion for U.S. con- maintain test procedures and establish such time as he may consume to the sumers and reduce refrigerator energy con- a labeling program. gentleman from California [Mr. sumption by 25 to 30 percent. We said, as a national policy, there BROWN]. DOE was only too happy to accept this uni- should be a uniform set of standards es- (Mr. BROWN of California asked and versal and hard-won compromise. It seems to tablished by the Department of Energy was given permission to revise and ex- me that this process is exactly the kind of en- on energy efficiency. I think that what tend his remarks.) terprise that this House, Republicans and the gentleman from Mississippi is dis- Mr. BROWN of California. Mr. Chairman, I Democrats, should rally around and support. cussing should be the subject of an au- rise in strong opposition to the Parker amend- No new bureaucracyÐno litigationÐjust thorizing bill. This is not the proper ment. This amendment would effectively un- progress and benefits for the environment, for place to deal with this matter. I would dermine what has been one of our most suc- our balance of payments, and for the pocket- hope that the gentleman would take cessful, cost-effective energy conservation books of ordinary Americans. this issue to the authorizing commit- programs. Under Parker-Walker, even this refrigeration tee, and, if they should recommend I can only note with bemusement that the standard that has already been agreed could that we modify the action of this body, sponsors of this effort are many of the not be implemented. The Parker amendment as I just outlined in the Energy Policy staunchest advocates of risk-cost-benefit anal- will also prevent DOE from developing the en- Act that is now the law and passed by ysis. Over the past several months, these ergy efficiency measurement standards that an overwhelming majority, this should members have spared no effort to inform us of are used for consumer appliance labeling. be discussed in that forum. the costs to society of regulation, which some The consumer labeling program, although Mr. PARKER. Mr. Chairman, will the industry groups have estimated at $600 billion completely nonregulatory, relies upon accurate gentleman yield? a year. energy use determination based on DOE Mr. REGULA. I yield to the gen- Now here is a DOE regulatory program that standards that promulgated by rule. These tleman from Mississippi. actually has saved or will save American soci- measurement standards need to be revised Mr. PARKER. Mr. Chairman, I have ety a total of about $132 billion in energy periodically as usage and design patterns to say to the gentleman that is exactly costs. For some reason, the authors of this changeÐthe washing machine measurement what I want to do. That is the reason amendment have also seen fit to oppose this method is already 15 years out of date and is we need this time out. Because the cost-saving program, and have made an effort growing older by the day. Committee on Commerce will not be in the Science Committee and now here to kill Under Parker, not only will there be no meeting until after the first of the year it. baseline efficiency requirements for appli- to discuss this issue. Now this House has, for better or worse, ances, but the information accessible to con- If we allow the rulemaking to go adopted the position that economic cost-bene- sumers for making their own marketplace de- through, what we are going to wind up fit analyses should become the new gold cisions will be increasingly unreliable. with is a situation where the jobs are standard for Government regulatory action. Now before this national program was cre- already going to be destroyed, and we We should just sum the benefits, sum the ated in 1987, there was an emerging patch- are not going to be getting them back. costs, subtract, and then reach our decision work of State appliance efficiency standards. That is the reason we need a postpone- with arithmetic certitude. Industry finally wanted a national program to ment of a year in order to get to the Well, that calculation has in fact been done ensure consistent standards and greatly sim- point where the gentleman from Vir- for the appliance efficiency program. It hap- plify business planning and manufacturing. ginia [Mr. BLILEY] can take this up in pens that the costs of the program to consum- The 1987 law does grant DOE the power to the committee, the gentleman from ers are $59 billion, the benefits are $191 bil- allow separate State standards by petition. Colorado [Mr. SCHAEFER] can take it up lion, and the benefits exceed the costs by a If we gut the DOE program here today, it is in the subcommittee and we can re- margin of 3.2 to one. highly likely that the Department will use its solve these issues. July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7113 Mr. REGULA. Reclaiming my time, Deal Kelly Portman McCarthy Pryce Stark DeLay Kim Poshard McDade Rangel Stokes Mr. Chairman, I understand the gen- Dickey King Quillen McDermott Reed Studds tleman, but I think he would agree Doolittle Kingston Quinn McKinney Regula Thompson that the Olver amendment would ac- Dornan Kleczka Radanovich Meehan Rivers Thurman complish that objective. Doyle Klink Rahall Meek Roemer Torkildsen Dreier Klug Ramstad Meyers Roukema Torres Mr. PARKER. Mr. Chairman, if the Duncan Knollenberg Riggs Miller (CA) Roybal-Allard Torricelli gentleman will continue to yield, it Dunn Kolbe Roberts Mineta Rush Towns would accomplish the objective for my Durbin LaHood Rogers Mink Sabo Tucker little part of it, as far as the jobs in my Ehrlich Latham Rohrabacher Moran Sanders Velazquez Emerson LaTourette Ros-Lehtinen Myers Sanford Vento district. But I am more concerned Engel Laughlin Rose Nadler Sawyer Visclosky about the total outlook of what we are English Leach Roth Neal Saxton Ward doing with this rule. Ensign Lewis (CA) Royce Oberstar Schroeder Waters Everett Lewis (KY) Salmon Obey Schumer Watt (NC) Mr. REGULA. Mr. Chairman, I am re- Ewing Lightfoot Scarborough Olver Scott Waxman luctant to go to a total repeal. That Fawell Lincoln Schaefer Owens Serrano Wilson would invite the states, in effect, to set Fields (TX) Linder Schiff Oxley Shaw Wise Flanagan Lipinski Seastrand Payne (NJ) Shays Wolf different standards. I sympathize with Foley Livingston Sensenbrenner Pelosi Skaggs Woolsey the gentleman’s problem, but I think Forbes LoBiondo Shadegg Peterson (FL) Slaughter Wyden the Olver amendment would solve it. Fox Longley Shuster Pomeroy Smith (NJ) Wynn Mr. SCHAEFER. Mr. Chairman, I support Franks (NJ) Lucas Sisisky Porter Spratt Yates Frelinghuysen Manzullo Skeen ANSWERED ‘‘PRESENT’’—1 the amendment offered by Mr. PARKER to limit Frisa Martinez Skelton funding for the Department of Energy to con- Frost Martini Smith (MI) Upton duct rulemakings on energy efficiency stand- Funderburk Mascara Smith (TX) Gallegly McCollum Smith (WA) NOT VOTING—7 ards. Ganske McCrery Solomon Browder Moakley Volkmer In the past, I have been very supportive of Gekas McHale Souder Collins (MI) Reynolds energy efficiency standards. Valuable energy Geren McHugh Spence Kennedy (RI) Richardson resources, as well as money is saved by re- Gilchrest McInnis Stearns Goodlatte McIntosh Stenholm b 1413 ducing our consumption of energy. In addition, Goodling McKeon Stockman by adopting national energy efficiency stand- Gordon McNulty Stump Mr. LEWIS of Georgia and Mr. WYNN ards, appliance manufacturers and others Goss Menendez Stupak changed their vote from ‘‘aye’’ to ‘‘no.’’ Graham Metcalf Talent have had only one standard to comply with Messrs. ENGLISH of Pennsylvania, Gunderson Mfume Tanner HEFLEY, CLYBURN, BONO, FROST, rather than 50 conflicting standards. Gutierrez Mica Tate However, this year, industry representatives Gutknecht Miller (FL) Tauzin COSTELLO, and BLUTE changed their have come to us complaining about how DOE Hall (TX) Minge Taylor (MS) vote from ‘‘no’’ to ‘‘aye.’’ Hancock Molinari Taylor (NC) So the amendment was agreed to. is implementing appliance efficiency stand- Hansen Mollohan Tejeda The result of the vote was announced ards. Complaints that DOE through its rule- Harman Montgomery Thomas as above recorded. making, is interfering with the operation of free Hastert Moorhead Thornberry Hayes Morella Thornton markets. PERSONAL EXPLANATION Hayworth Murtha Tiahrt Mr. UPTON. Mr. Chairman, I voted Thus, I support this amendment. It will slow Hefley Myrick Traficant down the process at DOE and give the author- Hefner Nethercutt Vucanovich ``present'' on the Parker amendment to H.R. izing committee time to look at the merits of Heineman Neumann Waldholtz 1977, rollcall No. 519 because it almost sin- Herger Ney Walker gularly affects a firm in which I have major the issue. In fact my subcommittee will be Hilleary Norwood Walsh holding hearings on this issue before the end Hobson Nussle Wamp personal financial interests. of the year. Hoekstra Ortiz Watts (OK) AMENDMENT OFFERED BY MR. OLVER Hoke Orton Weldon (FL) Mr. OLVER. Mr. Chairman, I offer an Thus I support this amendment. Holden Packard Weldon (PA) The CHAIRMAN. The question is on Houghton Pallone Weller amendment. the amendment offered by the gen- Hunter Parker White The CHAIRMAN. The Clerk will des- Hyde Pastor Whitfield tleman from Mississippi [Mr. PARKER]. ignate the amendment. Inglis Paxon Wicker The text of the amendment is as fol- The question was taken; and the Istook Payne (VA) Williams Chairman announced that the ayes ap- Johnson, Sam Peterson (MN) Young (AK) lows: peared to have it. Jones Petri Young (FL) Amendment offered by Mr. OLVER: Amend- Kanjorski Pickett Zeliff ment No. 70: At the end of the bill add the RECORDED VOTE Kasich Pombo Zimmer following new section: Mr. YATES. Mr. Chairman, I demand ‘‘SEC. . None of the funds made available a recorded vote. NOES—165 in this act may be used by the Department of A recorded vote was ordered. Abercrombie Dingell Hastings (WA) Energy in implementing the Codes and Ackerman Dixon Hilliard The vote was taken by electronic de- Standards Program to plan, propose, issue, Baldacci Doggett Hinchey or prescribe any new or amended standard— vice, and there were—ayes 261, noes 165, Barrett (WI) Dooley Horn ‘‘(1) when it is made known to the Federal answered ‘‘present’’ 1, not voting 7, as Becerra Edwards Hostettler Beilenson Ehlers Hoyer official having authority to obligate or ex- follows: Berman Eshoo Hutchinson pend such funds that the Attorney General, [Roll No. 519] Bilbray Evans Jackson-Lee in accordance with section 325(o)(2)(B) of the Bilirakis Farr Jacobs AYES—261 Energy Policy and Conservation Act (42 Bishop Fattah Jefferson U.S.C. 6295(o)(2)(B)), determined that the Allard Boehlert Christensen Borski Fazio Johnson (CT) standard is likely to cause significant anti- Andrews Boehner Chrysler Boucher Fields (LA) Johnson (SD) competitive effects; Archer Bonilla Clement Brown (CA) Filner Johnson, E. B. Armey Bonior Clinger Brown (FL) Flake Johnston ‘‘(2) that the Secretary of Energy, in ac- Bachus Bono Clyburn Brown (OH) Foglietta Kaptur cordance with such section 325(o)(2)(B), has Baesler Brewster Coble Bryant (TX) Ford Kennedy (MA) determined that the benefits of the Standard Baker (CA) Brownback Coburn Bunn Fowler Kennelly do not exceed its burdens; or Baker (LA) Bryant (TN) Collins (GA) Cardin Frank (MA) Kildee ‘‘(3) that is for fluorescent lamps bal- Ballenger Bunning Combest Clay Franks (CT) LaFalce lasts.’’. Barcia Burr Condit Clayton Furse Lantos Barr Burton Cooley Coleman Gejdenson Largent The CHAIRMAN. Pursuant to the Barrett (NE) Buyer Costello Collins (IL) Gephardt Lazio rule, the gentleman from Massachu- Bartlett Callahan Cox Conyers Gibbons Levin setts [Mr. OLVER] and a Member op- Barton Calvert Cramer Coyne Gillmor Lewis (GA) Bass Camp Crane de la Garza Gilman Lofgren posed will each be recognized for 5 min- Bateman Canady Crapo DeFazio Gonzalez Lowey utes. Bentsen Castle Cremeans DeLauro Green Luther The Chair recognizes the gentleman Bereuter Chabot Cubin Dellums Greenwood Maloney from Massachusetts. Bevill Chambliss Cunningham Deutsch Hall (OH) Manton Bliley Chapman Danner Diaz-Balart Hamilton Markey Mr. OLVER. Mr. Chairman I yield Blute Chenoweth Davis Dicks Hastings (FL) Matsui myself such time as I may consume. H 7114 CONGRESSIONAL RECORD — HOUSE July 18, 1995 Mr. Chairman, let me say that my public so that they can buy appliances rule based on the new analysis. Since amendment meets the concerns of which are energy efficient. the January notice, the Department labor unions such as the IBEW in rela- I can relate a simple experience I had has been meeting with the NEMA, indi- tion to the fluorescent light ballast when my wife and I first got married vidual manufacturers, and representa- issue, and of environmental organiza- and we went shopping for a refrig- tives of the American Council for an tions such as the League of Conserva- erator. She decided on the refrigerators Energy-Efficient Economy, to develop tion Voters, and of businesses such as she liked because of the features it had, a new engineering analysis. Once the Honeywell and Whirlpool. My amend- and narrowed it down to two models. analysis is completed, the Department ment specifically and explicitly pro- One refrigerator cost $250, and one cost intends to prepare a new proposed rule. hibits the promulgation of the fluores- $500. Obviously, it seemed, the cheaper It seems to me that starting on the cent lamp ballast standard without refrigerator would be the better buy. first of the fiscal year, we would then throwing national energy efficiency However, I did an energy consump- for the next 15 months be barring any standards out the window. tion analysis of those refrigerators, be- opportunity to do a rule even if it was cause it was before the time of energy b an appropriate rule that would save us 1415 standards, and discovered that in fact energy. My amendment prohibits the Depart- the $500 refrigerator over its antici- Mr. OLVER. If the gentleman would ment of Energy from promulgating an pated lifetime would cost considerably yield further, the fiscal year is only 12 efficiency standard if the Attorney less than the $250 refrigerator. We months, but that is a small point. General has determined in the course bought the more expensive model and Mr. DICKS. We are still here, though. of her review, which is required by law, saved a lot of money. Mr. OLVER. I would point out, if the that the standard is likely to be anti- I hope we, as the Federal Govern- amendment becomes law that had been competitive. Furthermore, all proposed ment, can provide enough information offered previously, there would be no standards would have to show benefits so that everyone can make those kinds rulemaking of any kind anywhere greater than costs in an analysis which of decisions. across the area of energy standards, considers economic impact of the pro- Mr. DICKS. Mr. Chairman, I rise in not only the ballast issue but all other posed standard on manufacturers and opposition to the amendment. issues. This amendment preserves the consumers. The CHAIRMAN. The gentleman possibility of allowing the national By adopting this language, we pre- from Washington [Mr. DICKS] is recog- standards in areas other than the bal- vent regulatory excess without killing nized for 5 minutes. last issue to go forward under the con- off a valuable program that saves the Mr. DICKS. Mr. Chairman, I just straints of nonanticompetitiveness. average American family hundreds of want to ask the gentleman a question Mr. DICKS. Would the gentleman an- dollars in hard cash each year. Fur- here. If I read the gentleman’s amend- swer me this one question? If the De- thermore, we do not kill off the possi- ment correctly, there is a positive cost- partment has a good and appropriate bility of new standards being estab- benefit ratio, and if there is not an rule, obviously the first rule was fa- lished for things like the refrigerator antitrust problem, can then the Sec- tally flawed. If you were blocking the standards which have been jointly pro- retary of Energy promulgate a new first rule from going into effect, I posed by States, the environmental or- rule on fluorescent lamp ballasts? She would have no problem with what the ganizations and electric utilities, and has said here in her letter to us that gentleman is attempting to do, but the the Association of Home Appliance she has withdrawn the original pro- gentleman has already won the battle. Manufacturers. posed rule because it was flawed, but The Secretary of Energy withdrew that Mr. Chairman, the Olver amendment could she now do a new rule on this rule. She is now listening to all these helps consumers, businesses, the envi- subject, or is that completely barred by people and trying to come up with a ronment and the economy, and pro- your amendment? new rule. What you are doing here with hibits the anticompetitive effects of Mr. OLVER. If the gentleman will this amendment is prohibiting for the the fluorescent ballast standard. I yield, I thank the gentleman for the next 15 months a rule to go into effect would urge my colleagues to support question. It is not always possible in on that subject. I think that is wrong. this amendment. the art of drafting legislation to take I think the Secretary has already given Mr. Chairman, I reserve the balance care of every contingency. you what you want, and this goes too of my time. As a matter of fact, in the drafting far. The CHAIRMAN. Does any Member whereby the Attorney General’s deter- Mr. OLVER. If the gentleman would wish to speak in opposition to the mination under the law of anticom- yield further, I would merely point out amendment? petitiveness, that would have in fact again that we can have standards with If not, does the gentleman wish to precluded the fluorescent light ballast this amendment in all other areas of speak further? standard from going into effect even energy efficiency if they are not anti- Mr. OLVER. Mr. Chairman, I yield 1 without the provision that eliminates competitive, and if there is a positive minute to the gentleman from Michi- the ballasts from this year’s consider- cost-benefit ratio. But without this gan [Mr. EHLERS]. ations for rules. amendment, we can have no standards Mr. EHLERS. Mr. Chairman, I rise in But in fact the gentleman is correct in any of these areas, including the one support of the amendment offered by that for this year, because of the con- that you are concerned about. Either my fellow scientist, Mr. OLVER. Some- troversy, in order to make absolutely way, you do not have within the next thing that many of you may not be certain that the controversy over fluo- 12 months the standard issued in the aware of is that I spent a considerable rescent light ballasts was off the table fluorescent lamp ballast concern. But amount of my earlier scientific career for this year, there would not be, in my if we do not adopt this amendment, dealing with subjects relating to en- understanding, the opportunity for cre- then we are not going to have any ergy conservation. ating another—— standards in any area. I can assure my colleagues that there Mr. DICKS. I would have to rise, Mr. DICKS. Is the gentleman opposed is no other source of energy available then, in very strong opposition to this to this rule, even if it were a positive as cheaply and as readily as that which amendment. rule? is obtained through conservation of en- What the Secretary of Energy is basi- Mr. OLVER. Answering that ques- ergy. I believe it is very important for cally telling us in this: Here is the re- tion, in the two other provisions I us to have appropriate energy stand- port to our committee. Fluorescent would be happy to have a rule go into ards which inform the public of the use lamp ballasts, after reviewing the com- effect, if it were possible. It is not pos- of energy by the appliances they buy. ments in the proposed rule, the Depart- sible either by the previous amendment I label the Olver amendment as a ment determined the engineering anal- or by this amendment. consumer information amendment. It ysis was flawed. Mr. REGULA. Mr. Chairman, will the is very important that the Federal On January 31, 1995, the Department gentleman yield? Government serve as a neutral source announced its intention to perform a Mr. DICKS. I yield to the gentleman of information that is available to the new analysis and prepare a proposed from Ohio. July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7115 Mr. REGULA. Mr. Chairman, I just During the last session, there was a Mr. Chairman, I personally believe want to advise the Members that we pitched battle on the issue of whether the bridge is quite safe at this point will on our side accept the amendment. to build a new $15 million bridge from and needs little or no upgrading to be It is not inconsistent with Parker. It Jersey City to Ellis Island for pedes- suitable for the public. But if I am does not reach as far, but we are will- trian access. That bridge for all prac- wrong, and the bridge is unsafe accord- ing to accept it. tical purposes is dead. It was approved ing to generally accepted safety stand- I hope the authorizing committee in the last Congress, but the appropria- ards, then this legislation would keep will then at the earliest possible mo- tion is slated to be rescinded by this the public from using it until it is up- ment address the entire situation. I Congress. graded. can understand the difficulties both My amendment provides a common- I do not believe that the Park Serv- the gentleman from Massachusetts sense solution to the problem of access ice would allow its own employees, on [Mr. OLVER] and the gentleman from to Ellis Island by providing for the use a daily basis, to use a bridge that is un- Mississippi [Mr. PARKER] are having. of an existing bridge for public pedes- safe. But in any event, for purposes of Mr. OLVER. Mr. Chairman, I yield 2 trian access so long as it is consistent this amendment, the issue is moot, be- minutes to the gentleman from Massa- with generally accepted safety stand- cause of the language of the legisla- chusetts [Mr. MARKEY]. ards. I will repeat that. tion. That is why the Park Service and Mr. MARKEY. Mr. Chairman, I thank Mr. REGULA. Mr. Chairman, will the that is why the gentleman from Ohio the gentleman from Massachusetts for gentleman yield? [Mr. REGULA] have agreed that they yielding me the time. Mr. ZIMMER. I yield to the gen- would accept this amendment. Mr. Chairman, this deals with the tleman from Ohio. Mr. Chairman, I yield such time as he very specific issue that the gentleman Mr. REGULA. Mr. Chairman, for the may consume to the gentleman from from Mississippi was interested in. It benefit of all of us, how would the gen- Ohio [Mr. REGULA], chairman of the avoids the trap of having the broader tleman define ‘‘generally accepted safe- committee. repeal of all of the other energy effi- ty standards’’? I just want to be sure Mr. REGULA. Mr. Chairman, on the ciency laws that affect every other ap- that I am comfortable with the fact basis of the representations of the Sec- pliance. I think that the chairman of that safety is of primary concern here. retary of the Interior and the Director the committee is wise in accepting this Mr. ZIMMER. Mr. Chairman, I tried of the Park Service that they have no amendment. It is in fact a very fair to draft the language as neutrally as objection to this, we, therefore, would compromise that deals with a very spe- possible. Generally accepted safety accept it. I do have a concern on the cific issue that had been raised by the standards seems like an objective cri- safety standards and I certainly would gentleman from Mississippi. I would terion that can be defined by published respond to any requests for additional hope that the amendment would be ac- standards. funds to ensure that it is totally safe. Mr. Chairman, I would ask the gen- cepted. The initial definition would, of tleman, it is limited to pedestrians; is Mr. OLVER. Mr. Chairman, I yield course, be made by the Park Service it- that correct? back the balance of my time. self. Given that fact, the director of the The CHAIRMAN. The question is on Mr. ZIMMER. Mr. Chairman, I would Park Service, with the concurrence of the amendment offered by the gen- say to the gentleman, yes, my amend- the Secretary of the Interior, has told tleman from Massachusetts [Mr. ment would not open it to vehicular me that he does not oppose this amend- OLVER]. traffic, other than the traffic that al- The amendment was agreed to. ment. ready traverses it and the occasional The CHAIRMAN. Are there other Mr. REGULA. If the gentleman vehicle or garbage truck that services amendments to title III? would yield further, then it would be the island. the responsibility of the Park Service AMENDMENT NO. 48 OFFERED BY MR. ZIMMER Mr. REGULA. If the gentleman Mr. ZIMMER. Mr. Chairman, I offer to enforce safety standards, and what- would continue to yield, the Super- an amendment. ever the Department would establish intendent of the Statue of Liberty has The CHAIRMAN. The Clerk will des- would become the standard that would outlined some concerns and I think ignate the amendment. control access to the structure. Is that they will try to address these to ensure The text of the amendment is as fol- correct? that it does meet all accepted safety lows: Mr. ZIMMER. Reclaiming my time, standards. On that basis, on the Sec- Amendment No. 48 offered by Mr. ZIMMER: Mr. Chairman, conceivably someone retary of the Interior’s representa- Page 94, after line 24, insert the following could litigate that decision, but the tions, we have no objection. new section: initial decision would of course belong Mr. YATES. Mr. Chairman, I rise in SEC. 318. None of the funds made available to the Park Service. opposition to the amendment. in this Act may be used (1) to demolish the Mr. Chairman, the bridge of which we The CHAIRMAN. The gentleman bridge between Jersey City, New Jersey, and speak is some 1,400 feet in length. It is from Illinois [Mr. YATES] is recognized Ellis Island; or (2) to prevent pedestrian use of such bridge, when it is made known to the sturdy. It has been in existence since for 5 minutes. Federal official having authority to obligate 1986. It is used every day by Park Serv- Mr. YATES. Mr. Chairman, I want or expend such funds that such pedestrian ice personnel and by contractors who the attention not only of the proponent use is consistent with generally accepted are working to renovate the buildings of this amendment, but the gentleman safety standards. on Ellis Island, and it is being used by from Ohio [Mr. REGULA], my chairman, The CHAIRMAN. Pursuant to the their vehicles as well. It has a pedes- as well. In conversations that I had rule, the gentleman from New Jersey trian walkway. And the Park Service is with the gentleman from New Jersey [Mr. ZIMMER] will be recognized for 5 planning to upgrade this bridge so it [Mr. ZIMMER] before this amendment minutes, and a Member opposed will be can be used for the several years re- was offered, he showed me the letter recognized for 5 minutes. maining in the rehabilitation project from the Director of the Park Service The Chair recognizes the gentleman that is ongoing at Ellis Island. saying that he no longer had any objec- tion to it. I understand also that the from New Jersey [Mr. ZIMMER]. b Mr. ZIMMER. Mr. Chairman, I yield 1430 Secretary of the Interior has no objec- myself such time as I may consume. The Park Service is also planning to tion to it. Mr. Chairman, 40 percent of Ameri- extend the permits that are scheduled And I have some difficulty, concerned cans are descended from immigrants to expire so this bridge can continue in as I am, with possible safety questions who came to this country by way of use. that were raised by the chairman of Ellis Island. Today Ellis Island is a Safety concerns have been raised by the subcommittee. I have a letter here, magnificent museum and a national the gentleman from Ohio [Mr. REGULA] a copy of a letter here, dated July 11, park. Unfortunately it is accessible to and they have been raised by Roger 1995, which gives me pause and makes the general public only by ferry for a Kennedy, the director of the Park me wonder why the Director of the price of $7 per person. This price makes Service, and that is why I have in- Park Service and the Secretary of the it prohibitive to many of the American cluded the language that we discussed Interior waived whatever objections citizens who in fact own Ellis Island. in the colloquy in this amendment. they had. H 7116 CONGRESSIONAL RECORD — HOUSE July 18, 1995 This is a copy of a letter dated July to be relocated. This would require the abate- project. This type of bridge is normally used 11, to the Director of the National Park ment of asbestos and fuel-soaked soils and by an advancing military and is designed to be Service from the Superintendent of the extensive landscaping, at a cost of at least an- laid quickly and efficiently and is meant to be Statue of Liberty National Museum on other million dollars. used only as a temporary crossing. A Bailey Ellis Island. ‘‘Subject: Ellis Island There is no good reason for the expenditure Bridge is designed for vehicles and troops Bridge—Unsafe for Public Pedestrian of these funds, especially at a time when we wearing combat boots. It is made of perforated Use,’’ and he gives the reasons under face the possibility of actually closing down metal, an extremely unsafe surface for normal that: national parks. pedestrian use. Decking is perforated steel which is dif- Let me remind my colleagues that there has In fact, the bridge is far from meeting basic ficult to walk on and by Building Official been an ongoing effort over the past few safety standards for pedestrian use. The rail- Code and Administrative International defi- years by New Jersey to build a permanent ings and curbs are inadequate. there is no nition is a tripping hazard. bridge between New Jersey and the island. way to separate vehicle from pedestrian traffic Side rails are not in compliance with Earlier this year this body voted to stop fund- further endangering those that would use the Building Official Code and Administrative ing for this project, which would cost as much International or ADA because of spacing of bridge. To make this bridge a stable and long intermediate rails. Children would be par- as $25 million and whichÐin the words of a lasting structure would also require additional ticularly at risk of falling. Park Service reportÐwould have an pilings and reinforcement of its frame. The es- Ellis side of the bridge is currently a con- unmitigateable, adverse impact on the island's timated cost to add the railings, curbs, pilings struction staging area and a site mainte- historic and cultural resources. and other safety features necessary for pedes- nance yard. The supporters of this amendment would trian traffic is $5 million. This amendment does The bridge landing area will continue to be like you to believe that pedestrian access is not provide the funds for the construction of a construction staging area if rehabilitation critically needed because the ferry is too ex- these safety standards, yet it will not allow the of historic structures on Ellis Island contin- pensive or inconvenient. The reality is that a ues. bridge to be taken down. So, when the res- Bridge does not meet New York and New family can spend the entire day at Ellis Island toration project is over it will sit, useless, noth- Jersey building codes for public pedestrian and the Statue of Liberty for less than the cost ing more than a potential navigational hazard bridge. of going to a movie. Is it worth asking the tax- to industrial and recreational ships alike. As Surface material is designed for traction payers to spend millions of dollars to provide such, in addition to being an unsafe crossing during ice and snow, therefore, if a person another means of access, particularly when for families visiting Ellis Island, if the bridge is falls, they could receive serious cuts. the vast majority of visitors to the island say left in place beyond its useful life it could There is no protection to separate pedestri- they prefer to take the ferry anyway? threaten vessels calling at port facilities in Port ans from vehicles. Every year, more than a million and a half NewarkÐElizabeth, the Military Ocean Termi- It is signed by M. Ann Belkov. visitors from around the world tour the island. nal in Bayonne, the Howland Hook marine ter- I know the gentleman has sought to Like their predecessors, visitors travel to the minal, South Brooklyn Marine Terminal, Red condition the committee’s approval island by boat. Not surprisingly, most tourists Hook Container Terminal as well as other ma- with language, but it seems to me to be to the island say they consider the ferry ride rine traffic in the Nations greatest port. somewhat inadequate in view of the to Ellis Island an essential part of their visit. This bridge is not designed for heavy pe- criticisms raised by Ms. Belkov. And The Park Service's use of scarce Federal destrian use and is not designed to stand the so, Mr. Chairman, I know that I cannot dollars at Ellis Island would be better spent on test of time. It is a temporary bridge that will accept the amendment and of course the island's historic buildings that are in des- be nothing more then a disaster waiting to will do as the House wants to do. perate need of repair. I urge my colleagues to happen. I strongly urge my colleagues to de- Mr. Chairman, I reserve the balance vote against this amendment. feat this amendment. of my time. Mr. NADLER. Mr. Chairman, will the Mr. TORRICELLI. Mr. Chairman, I Mr. YATES. I yield 1 minute to the gentlewoman yield? ask unanimous consent to address the gentlewoman from New York. Mrs. LOWEY. I yield to the gen- committee for 2 minutes. (Mrs. LOWEY asked and was given tleman from New York. The CHAIRMAN. Is there objection permission to revise and extend her re- (Mr. NADLER asked and was given to the request of the gentleman from marks.) permission to revise and extend his re- New Jersey? Mrs. LOWEY. Mr. Chairman, I rise in marks.) There was no objection. strong opposition to this amendment. Mr. NADLER. Mr. Chairman, I rise in Mr. TORRICELLI. Mr. Chairman, There is no good reason for the expend- opposition to this amendment which this amendment brings the art form in iture of these funds, expecially at a would prohibit us from tearing down the Congress of looking to appear to do time when we face the possibility of ac- this bridge which is half in my district. something, but in fact doing nothing, tually closing down national parks. This bridge was constructed with the to a new height. I want to remind my colleagues that specific intent of being taken down. It This amendment, as offered, would there had been an ongoing effort over is an Army-designed, temporary Bailey save a bridge which has already been the past few years by New Jersey to bridge. determined to be unsafe and yet under- build a permanent bridge between New The only reason it exists is to allow mine previous efforts of the Congress Jersey and the island. I strongly op- construction vehicles to travel to and to provide a new access to the island. pose this amendment. from Ellis Island for an ongoing con- We are telling the American people Mr. Chairman, as the gateway for more than struction project. It is normally used that, in fact, we are going to avoid this 12 million immigrants between 1982 and 1954, by an advancing military. It is de- problem of a $7 ferry ride. New access. Ellis Island holds a unique position in our Na- signed to be laid quickly and effi- Well, in the 103d Congress we just did tion's history. While I certainly share the desire ciently and is meant to be used only as that. We said we were going to build a to promote visitor access in the Island, I rise a temporary crossing. new bridge and give new access. in opposition to the amendment by the gen- Mr. Chairman, an amendment to And now, the gentleman from New tleman from New Jersey. make it permanent, to prevent us from Jersey [Mr. ZIMMER] comes to the floor The temporary construction bridge that was tearing it down, is an amendment to offering to save a bridge which for safe- erected in 1986 between Jersey City and Ellis circumvent the will of this House ty reasons no one could walk across, Island was built for trucksÐnot pedestrians. It which voted not to have a permanent and yet there is no appropriation to fix does not meet applicable safety codes for pe- bridge here. it or repair it. destrian use and, according to the National Mr. Chairman, I rise in opposition to this There is perhaps no reason to oppose Park Service, it would cost at least $1 million amendment. the amendment. It will not do any to make the necessary structural safety im- The bridge my colleague is asking to be harm. But there is also no reason to provements to the bridge. turned into a pedestrian foot bridge is an vote for it. We have managed simply to But, Mr. Chairman, the problems don't stop Army-designed Bailey Bridge. This bridge was convince people that it looked like we there. If pedestrians were to be allowed on the constructed with the specific intent of being were doing something, while we did bridge, the landings on both the island and the taken down. The only reason it exists is to nothing. mainlandÐwhich are presently routed through allow construction vehicles to travel to and Now, it may be the impression of service and maintenance yardsÐwould have from Ellis Island for an ongoing restoration some as well, because the gentleman July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7117 from New Jersey [Mr. ZIMMER] has destrian use. This renders the amendment al- has been consistently frustrated by political brought this amendment to the floor most entirely moot. gamesmanship. that, in fact, he represents this dis- I say almost, because there is still some Mr. ZIMMER. Mr. Chairman, I ask trict. In fact, he does not. The gen- value to the amendment. Despite its glaring unanimous consent to proceed for 1 ad- tleman from New York [Mr. NADLER] weaknesses, it is one of the best arguments I ditional minute to respond. has jurisdiction over parts of the island have seen yet for the construction of a new The CHAIRMAN. Is there objection and the gentleman from New Jersey bridge, exclusively for pedestrian use, which I to the request of the gentleman from [Mr. MENENDEZ] on the remainder. have been fighting for since my arrival here New Jersey? Mr. MENENDEZ. Mr. Chairman, will nearly 3 years ago. Originally, we had wanted There was no objection. the gentleman yield? to build a pedestrian bridge nearby, because Mr. ZIMMER. Mr. Chairman, I would Mr. TORRICELLI. I yield to the gen- families visiting the island currently must wait point out to the gentleman who rep- tleman from New Jersey. in line, sometimes for hours under the summer resent the vicinity of the bridge that (Mr. MENENDEZ asked and was sun, and then buy tickets from the Circle Line the mayor of Jersey City endorses this given permission to revise and extend ferry, which has a commercial monopoly on amendment. Jersey City is the New his remarks.) visitor access to the island. During their long Jersey terminus of the bridge. Mr. MENENDEZ. Mr. Chairman, let wait in the ticket line, these families can all Mr. Chairman, I am interested in the me briefly say I would have liked to see clearly that there is a bridge linking the is- statement that this bridge is unsafe for have joined the gentleman from New land to the shore. Still, they are forced to pay pedestrian use, because it is being used Jersey [Mr. ZIMMER] in the ranks of $7 apiece, $20 for a family with two children, as we speak by pedestrians in the em- those who have been fighting for a pe- for a ferry ride to an island less than a quarter ploy of the Park Service. We do not destrian bridge to give affordable ac- mile off shore. For many of my constituents, have to spend $15 million for a brand- cess, but that time was when we had who ironically live so close to Ellis Island, the new bridge. If it is necessary to up- the rescissions vote. That vote, unfor- price is a luxury they cannot afford. But, Mr. grade this bridge, it would be at mini- tunately, took away the possibility for Chairman, should visiting a treasure of our na- mal cost; certainly far less than $15 a pedestrian bridge to go ahead and tional heritage be considered a luxury? Cer- million. make sure that lower-income Ameri- tainly it should not. I believe we have the best of both cans do not have to pay Circle Line, Unfortunately, the Zimmer amendment pro- worlds here. We can provide for public with its exclusive opportunity to bring vides no funding for the improvements nec- access without having to spend money passengers to the island. essary to make the bridge safe for pedestri- which is in fact being rescinded by this So, Mr. Chairman, this unfortu- ans, nor for the construction of a new one. Congress, and without giving the Circle nately, does not do the job that I hoped Without funds to upgrade the bridge, it will re- Line a monopoly service at $7 a person it would, but the National Park Serv- main permanently unsafe. Permanently, be- for access to this national museum. ice has said simply that it will not. cause not only is there no money to improve The CHAIRMAN. The question is on Mr. Chairman, I would like to welcome Mr. it, but the amendment prevents us from de- the amendment offered by the gen- ZIMMER to the ranks of those fighting to estab- molishing it, too. So we are to be eternally tleman from New Jersey [Mr. ZIMMER]. lish a pedestrian bridge from Liberty State stuck with an unusable bridge. That is one ef- The question was taken; and the Park in Jersey City to Ellis Island. fect of the amendment. Chair announced that the noes ap- I say that I'm welcoming him, because there peared to have it. have been precious few of us who have been The original purpose of the bridge, to pro- out front about making access to one of our vide access for construction vehicles involved RECORDED VOTE most important national historic treasures easy in the restoration of the remaining historic Mr. ZIMMER. Mr. Chairman, I de- and affordable, and who have worked for buildings on the island, is further defeated by mand a recorded vote. legislation that would make that possible. In the bill itself. Language appearing on page 18 A recorded vote was ordered. fact, aside from myself, Senators BRADLEY and prohibits the use of Park Service funds to im- The vote was taken by electronic de- LAUTENBERG, and Congressman plement an agreement for the redevelopment vice, and there were—ayes 230, noes 196, FRELINGHUYSEN, nobody has really shown of the southern end of Ellis Island. The adop- not voting 8, as follows: much interest at all in helping the millions of tion of this amendment and the passage of the [Roll No. 520] families who visit this historic landmark get bill would leave us with a construction bridge, AYES—230 but no construction. A bridge which we will there easily and safely. As the Representative Allard Coble Gallegly of the district in which the bridge lies, I'm then maintain for pedestrians, but which is Andrews Coburn Ganske Archer Collins (GA) Geren pleased Mr. ZIMMER has finally joined the ef- unfit for pedestrian use. A bridge which some argue supposedly damages the historical in- Armey Combest Gilchrest fort. We have done all we can to get Governor Bachus Condit Gillmor Whitman to join us, but she still shows no in- tegrity of an island, an island full of collapsing Baker (CA) Crapo Goodlatte terest in doing so. historic buildings, but which we can neither im- Baker (LA) Cremeans Goodling prove, replace, nor tear down. Ballenger Cubin Goss This amendment would prevent funds in the Barr Cunningham Graham bill from being used to demolish an existing There are funds available for the construc- Barrett (WI) Davis Greenwood bridge to Ellis Island, or being used to prevent tion of a footbridge, but the project will be Bartlett Deal Gunderson pedestrians from using that bridge if it is killed in the Republican rescissions bill, if it Barton DeFazio Gutknecht passes the Senate. In fact, if the new version Bass DeLay Hall (TX) deemed safe for such use. The bridge is cur- Bateman Diaz-Balart Hancock rently used by construction and maintenance of the bill isn't passed, I understand that it is Bilbray Dickey Hansen vehicles for access to the island. the intention of Chairman WOLF to kill the Bilirakis Dooley Harman Bliley Doolittle Hastert IMMER project in the Transportation appropriations When I saw Mr. Z was offering this Boehner Dornan Hastings (WA) amendment, I asked people at the Park Serv- bill, even though the Park Service's draft envi- Bonilla Dreier Hayes ice what they thought about it. Their response ronmental impact statement shows that a new Bono Duncan Hayworth was most interesting. They told me that they bridge is the most preferable method of pro- Brownback Dunn Hefley viding affordable access. The real battle to Bunn Ehlers Heineman have no intention whatsoever of demolishing Bunning Ehrlich Herger the bridge. In fact, they would like to keep the provide affordable access to Ellis Island was Burr Emerson Hilleary bridge permanently in use for their vehicles, fought months ago. My colleague from New Burton English Hobson Jersey could have been much more effective Buyer Ensign Hoke since without it, the cost of transportation for Callahan Everett Horn Park Service employees, equipment, trash, if he had joined us in supporting the bridge Calvert Fawell Hostettler and so forth would approach $700,000 annu- during the rescissions process. Camp Fields (TX) Hunter ally. It clearly makes little sense to demolish With the passage of this amendment and Canady Flanagan Hutchinson Castle Foley Hyde the bridge, and therefore even less sense to the Interior Appropriations bill, however, it will Chabot Forbes Inglis bother amending an appropriations bill to pre- only be a matter of time before even the most Chambliss Fowler Istook vent a demolition which no one seeks. casual observer will see plainly the absurdity Chapman Fox Jacobs Because the Park Service intends to keep of what we will have done here today, and be Chenoweth Franks (CT) Johnson (CT) Christensen Franks (NJ) Johnson, Sam the bridge indefinitely for vehicular traffic, compelled to seek a real solution such as the Chrysler Frelinghuysen Jones there is no hope of its being converted for pe- one we have advocated for years, but which Clinger Funderburk Kaptur H 7118 CONGRESSIONAL RECORD — HOUSE July 18, 1995 Kasich Moran Schiff Towns Walsh Wise As you will recall, the old and out- Kelly Morella Seastrand Traficant Wamp Woolsey dated mining law of 1872, actually en- Kim Myers Sensenbrenner Tucker Waters Wyden Kingston Myrick Shadegg Velazquez Watt (NC) Wynn courages the give-away of billions of Kleczka Nethercutt Shaw Vento Watts (OK) Yates dollars of gold, silver and other hard Klink Neumann Shays Visclosky Waxman Young (AK) rock minerals that belong to the Amer- Klug Ney Shuster Volkmer Williams ican taxpayer. Knollenberg Norwood Sisisky Walker Wilson Kolbe Nussle Under the 1872 law, which governs Smith (NJ) NOT VOTING—8 LaHood Orton Smith (TX) mining for precious metals, like gold, Largent Oxley Solomon Collins (MI) Kennedy (RI) Reynolds silver and platinum of Federal lands, LaTourette Packard Souder Cox Mineta Richardson miners who discover one of these min- Laughlin Pallone Spence Crane Moakley Leach Parker erals are entitled to a patent—or fee- Spratt b Lewis (CA) Paxon Stearns 1502 simple title to the land. Since 1872, the Lewis (KY) Payne (NJ) Stockman Messrs. YOUNG of Alaska, WAMP, United States has transferred over $231 Lightfoot Payne (VA) Stump Linder Peterson (MN) QUILLEN, QUINN, and MASCARA billion worth of mineral assets to min- Talent LoBiondo Petri ing companies, charging minimal ad- Tauzin changed their vote from ‘‘aye’’ to ‘‘no.’’ Longley Pickett Taylor (MS) Messrs. FORBES, THOMAS of Califor- ministrative cost for the land transfer Luther Pombo Thomas and no royalty whatsoever. Manzullo Porter nia, CHAPMAN, and WHITE changed Thornberry As many of you know, it is the pat- Martini Portman their vote from ‘‘no’’ to ‘‘aye.’’ Tiahrt McCollum Pryce So the amendment was agreed to. enting system which legally forced In- McCrery Radanovich Torkildsen terior Secretary Bruce Babbitt to Upton The result of the vote was announced McDade Ramstad transfer ownership of nearly 2,000 acres McHale Regula Vucanovich as above recorded. McInnis Roberts Waldholtz The CHAIRMAN. Are there further of public land in Nevada—land contain- Ward McIntosh Rogers amendments to title III? ing an estimated $10 billion in gold—to McKeon Rohrabacher Weldon (FL) a Canadian-owned mining company for Weldon (PA) Menendez Ros-Lehtinen AMENDMENT OFFERED BY MR. KLUG the appalling sum of just $9,765. If we Metcalf Roth Weller Mr. KLUG. Mr. Chairman, I offer an Meyers Roukema White do not stop patenting, through mining Mica Royce Whitfield amendment. reform or through a patenting morato- Miller (FL) Salmon Wicker The CHAIRMAN. The Clerk will des- rium pending achievement of mining Minge Sanford Wolf ignate the amendment. reform, we will see more and more such Molinari Saxton Young (FL) The text of the amendment is as fol- Montgomery Scarborough Zeliff cases in the years to come. Moorhead Schaefer Zimmer lows: We should move block mining con- Amendment offered by Mr. KLUG: On page glomerates from pirating valuable pub- NOES—196 44, after line 19, insert the following: lic minerals just because they are able Abercrombie Flake McNulty ‘‘SEC. 115. No funds appropriated or other- to tie up reform in the Congress. Ackerman Foglietta Meehan wise made available pursuant to this Act in That is where the provision on a pat- Baesler Ford Meek fiscal year 1996 shall be obligated or ex- ent moratorium in the Interior appro- Baldacci Frank (MA) Mfume pended to accept or process applications for Barcia Frisa Miller (CA) a patent for any mining or mill site claim lo- priations bill comes in. Barrett (NE) Frost Mink cated under the general mining laws or to This patent moratorium would pre- Becerra Furse Mollohan issue a patent for any such claim.’’. vent the transfer of 133,000 acres of Beilenson Gejdenson Murtha public land containing an estimated Bentsen Gekas Nadler The CHAIRMAN. Under the rule, the Bereuter Gephardt Neal $15.5 billion worth of valuable minerals gentleman from Wisconsin [Mr. KLUG] Berman Gibbons Oberstar to international mining conglomerates and a Member opposed will each be rec- Bevill Gilman Obey for practically nothing. This is what Bishop Gonzalez Olver ognized for 10 minutes. we mean by the slogan: ‘‘They get the Blute Gordon Ortiz Mr. KLUG. Mr. Chairman, I ask Boehlert Green Owens gold, we get the shaft’’. unanimous consent to yield 5 minutes Bonior Gutierrez Pastor That is why we need your vote to Borski Hall (OH) Pelosi of my time in support of my amend- maintain the patenting moratorium in Boucher Hamilton Peterson (FL) ment to the gentleman from West Vir- this bill. Brewster Hastings (FL) Pomeroy ginia [Mr. RAHALL], and that he be per- Browder Hefner Poshard Unless Congress acts now by enacting Brown (CA) Hilliard Quillen mitted to control that time. this patent moratorium, title to an ad- Brown (FL) Hinchey Quinn The CHAIRMAN. Is there objection ditional $15.5 billion worth of mineral Brown (OH) Hoekstra Rahall to the request of the gentleman from Bryant (TN) Holden Rangel reserves—which rightfully belong to Bryant (TX) Houghton Reed Wisconsin? the American taxpayer—will be signed Cardin Hoyer Riggs There was no objection. over to international mining conglom- Clay Jackson-Lee Rivers Mr. RAHALL. Mr. Chairman, I appre- erates for the paltry sum of less than Clayton Jefferson Roemer ciate the gentleman from Wisconsin Clement Johnson (SD) Rose $1 million. These companies will win Clyburn Johnson, E. B. Roybal-Allard [Mr. KLUG] yielding me 5 minutes to the golden ring simply by paying $5.00 Coleman Johnston Rush join him in strong support of this an acre—and what do the taxpayers get Collins (IL) Kanjorski Sabo amendment, and, before proceeding Conyers Kennedy (MA) Sanders in return? Nothing, an empty pocket. Cooley Kennelly Sawyer with my remarks, I yield 2 minutes to I understand they dug up Jesse Costello Kildee Schroeder the gentleman from Hawaii [Mr. ABER- James yesterday. Robbing trains and Coyne King Schumer CROMBIE]. I rise in strong support of the holding up banks, was just a nickle and Cramer LaFalce Scott amendment. Danner Lantos Serrano dime operation compared to mining de la Garza Latham Skaggs Mr. ABERCROMBIE. Mr. Chairman, public land. Jesse was in the wrong end DeLauro Lazio Skeen the House has supported a patent mor- of the stealing business. Dellums Levin Skelton atorium for several years now as an in- The patent moratorium is not com- Deutsch Lewis (GA) Slaughter Dicks Lincoln Smith (MI) terim step to achieving comprehensive prehensive mining reform: but it is a Dingell Lipinski Smith (WA) mining reform. And, the House, at very important interim step that will Dixon Livingston Stark least, has addressed the overriding save $15.5 billion worth of minerals Doggett Lofgren Stenholm need to reform the 1872 mining law by Doyle Lowey Stokes from being given away to international Durbin Lucas Studds passing comprehensive legislation dur- corporations. Edwards Maloney Stupak ing the last Congress. Legislation So, I urge a vote for the Klug-Rahall amend- Engel Manton Tanner which the House overwhelming sup- ment. I urge an aye vote to put some hard Eshoo Markey Tate Evans Martinez Taylor (NC) ported on a 3 to 1 margin. Fundamental dollar reality into the rhetoric on reducing the Ewing Mascara Tejeda to any discussion of hardrock mining deficit. I urge an aye vote to give a break to Farr Matsui Thompson in this country is the need to end the the American taxpayer instead of a monster Fattah McCarthy Thornton archaic practice of patenting—or prac- Fazio McDermott Thurman giveaway to marauding corporate interests. Fields (LA) McHugh Torres tically giving away—public mineral Mr. RAHALL. Mr. Chairman, I yield Filner McKinney Torricelli lands. such time as she may consume to the July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7119 gentlewoman from California [Ms. pending achievement of mining reform, we will is nothing that says you have to actu- HARMAN] . see more and more such cases in the years ally, well, mine the land. Oh, no. Far (Ms. HARMAN asked and was given to come. from it. Instead, today these mining permission to revise and extend her re- The House Appropriations Committee un- claims are the site of a huge Hilton marks.) wisely has not included a moratorium this Hotel overlooking Phoenix. Ms. HARMAN. Mr. Chairman, I rise year. In fact, the committee report includes Mr. Chairman, for $190 a night guests in opposition to some earlier amend- language which foolishly advocates the rapid stay in spacious two-room suites com- ments on the National Endowment for transfer of patents presumably to assuage the plete with fully stocked refrigerators the Arts. mining industry which would prefer to continue and wet bars. They are invited to enjoy Mr. RAHALL. Mr. Chairman, I yield freeloading off the public lands. If the Depart- 18-hole golf courses, desert jeep tours, such time as he may consume to the ment complies with the report language and and sea-salt pedicures, but for their 61 gentleman from California [Mr. MIL- expedites approval of the 233 patent applica- acres, all the taxpayers received was LER]. tions in the pipeline, we will in effect give $155, and for the $155 the so-called (Mr. MILLER of California asked and away 15.5 billion dollars' worth of gold and sil- miner paid the Government for these was given permission to revise and ex- ver to mining conglomerates. Talk about cor- claims, he estimates that his share of tend his remarks.) porate welfare. I urge Secretary Babbitt to ig- the Hilton Hotel is now worth about $6 Mr. MILLER of California. Mr. Chairman, in- nore the report language and to continue the billion. clusion of the patent moratorium is more im- careful and cautious route he has pursued in Some of my colleagues may be won- portant this year than at any other time in the the past. dering just how could this be? This is past. As Members will recall, the House voted We cannot be party to the continued looting too incredible to be true. Well, it is by a 3 to 1 margin in 1993 to reform the min- of the Treasury by foreign gold companies and true. ing law of 1872, a Civil War era law that en- others. So we should include a patent morato- The bottom line, my colleagues, is courages the giveaway of billions of dollars of rium because as a practical matter, we should that, if we do not pass this Klug-Rahall gold, silver and other minerals that belong to not leave the 1872 law, and particularly the amendment, the United States may be the American taxpayer. With the support of patenting process, on the books should no ac- forced to sell off 133,000 acres of Fed- Members like NEWT GINGRICH, we passed a tion be taken on comprehensive reform. If we eral lands, lands owned by all of us as good bill, a tough bill, but unfortunately the must again defer until next yearÐor the year American taxpayers, containing ap- conference committee with the Senate was afterÐcomprehensive reform, we should hold proximately 15 billion dollars’ worth of unable to produce a final bill. And now the the program in abeyance. For while we may gold, silver, and other hardrock min- Senate, under Republican leadership, is con- not have agreed on the precise design of re- erals, for either $2.50 or $5 an acre. sidering a weak bill that will make minor form at the point, virtually everyone agrees That is what is at risk today. That is changes that leave the taxpayer and the envi- drastic reform of the mining program is nec- what is in the patent application pipe- ronment the losers while the mining conglom- essary. line. erates make off with the gold. The Craig bill, So, I urge a vote for the amendment. If we This patent moratorium was passed if enacted, will result in no royalties, no envi- cannot achieve real reform, we will at a mini- in the previous Congress as part of this ronmental clean-up, and no reform, which is mum stop the giveaway of 15.5 billion dollars' same appropriation bill, and I urge my exactly how the industry lobbyists wrote it. worth of public resources until such time as colleagues today to continue this pat- One of the key issues in the mining reform we do achieve reform. ent moratorium in place until this debate is that of patents. Under the 1872 law, Mr. RAHALL. Mr. Chairman, I yield Congress can enact comprehensive which governs mining for precious metals, like myself such time as I may consume. mining law reform. We came close in gold, silver and platinum on Federal lands, Mr. Chairman, how to get rich at the the last session of Congress. We were miners who discover one of these metals are taxpayers’ expense under the patent not able to finally deliver and see it entitled to a patentÐor fee-simple title to the feature of the mining law of 1872; that into law, but this session of Congress I land from American citizens and the mineral is the question here today, and let me am hopeful we can move with com- wealth it contains. Since 1872, the United count for my colleagues the number of prehensive mining reform legislation, States has let over 231 billion dollars' worth of ways: and, until we do, let us keep this pat- mineral assets slip through our fingers in this In Nevada a company that is 70 per- ent moratorium in place. manner, charging minimal costs for the land cent owned by the Anglo-American Mrs. VUCANOVICH. Mr. Chairman, I transfer and no royalty whatsoever. conglomerate, those wonderful folks rise in opposition to the amendment of- We should not give away permanent owner- from South Africa, is seeking title to fered by the gentleman from Wisconsin ship of the public lands. We don't do that in Federal lands, Federal lands. All of our [Mr. KLUG]. oil and gas or coal leasing. The states don't names are on the deed with an esti- The CHAIRMAN. The gentlewoman do it in hard rock mining. I don't think that mated 1.1 billion dollars’ of gold. In re- from Nevada [Mrs. VUCANOVICH] is rec- many private individuals do it. turn, the American taxpayers would re- ognized for 10 minutes. Although the mining industry claims patent- ceive a measly $5,080. Mrs. VUCANOVICH. Mr. Chairman, I ing is critical to its ability to function, no State Meanwhile, in Montana mining yield 2 minutes to the gentleman from gives private companies title to its resources, claims have been staked on Federal Alaska [Mr. YOUNG], chairman of the and yet the companies mine on State land. I lands with an estimated 3.4 billion dol- Committee on Resources. know of no private citizens who give mining lars’ worth of platinum minerals, and (Mr. YOUNG of Alaska asked and was companies title to their land for mineral explo- under the mining law of 1872 the Gov- given permission to revise and extend ration and production, and yet they mine on ernment will have to sell that land to his remarks.) private lands. this company for a mere $12,660. Mr. YOUNG of Alaska. Mr. Chair- And while we are discussing the States, I Wow, wow, over 3 billion dollars’ man, my colleagues, I have heard this should point out that mining companies pay worth of valuable minerals owned by argument over and over again about royalties to States and private landowners, the Federal Government in exchange what a great giveaway. This amend- too, unlike on Federal lands. for just over $12,000. ment, very frankly, would drive the The mining industry spent a small fortune And then, my colleagues, there is my mining industry, as I have said again last year to prevent reform of the 123-year-old all-time favorite, the amazing and true and again, off our shores. We would mining law of 1872. It was cheaper for them story of that little old mining claim stop what little industry we have left to pay the lobbyists and make the campaign that grew up into a huge Hilton Hotel. today. contributions than to see real reform enacted My colleagues, there is this man in Ar- The one bright spot in this industry to safeguard the taxpayers who own this gold. izona that stakes a mining claim, 61 is the gold mining. Across the United As a result, we can look forward to many acres to be exact, and under the mining States it employs people, it makes new more giveaways like the ones Secretary Bab- law he bought them from the Govern- jobs. This money is not going any- bitt signed earlier this yearÐtrading a fortune ment for just $155. I say to my col- where. The Federal Government does in public gold for a pauper's ransom. leagues, Now, under the mining law, not make any money, and to say this is If we do not stop patenting, through mining once you receive title to your mining a ripoff is the same old litany I have reform or through a patenting moratorium claims, which is called a patent, there heard time and time again written by the Sierra Club, written by the envi- ronmental community, trying to drive H 7120 CONGRESSIONAL RECORD — HOUSE July 18, 1995 our industry off our shores, and all the within the claim. The sponsors of this bers of Congress and whether or not we other countries of the world today, amendment would eliminate patenting get the proper return for the mining they are trying to get the mining in- altogether without substituting any claims that are before us. dustries to come in, and they are doing other provision for making secure the Now, there I think, frankly, some it because they delete royalties, they opportunity to mine one’s claims. If problems in this amendment, and it is encourage by tax incentives, they give you want a real solution, vote against a creation of the rule which did not the land away free to get the jobs on this misguided amendment. allow us to put in language their shores. b grandfathering in some of the oper- The 1872 mining law has worked, and 1515 ations in place. I may suggest to the gentleman who Mrs. VUCANOVICH. Mr. Chairman, I My colleague from Arizona raises a just spoke previously he ought to know yield 2 minutes to the gentleman from good point. Let me make it very clear about the condos, because he has spent Arizona [Mr. HAYWORTH], a member of that it is my intention that if this many a time in those places. the Committee on Resources. amendment passes, I would be willing May I suggest respectfully, if I can, Mr. HAYWORTH. Mr. Chairman, I to work with the gentleman from Ohio that this amendment offered by the thank the gentlewoman for yielding [Mr. REGULA] and other members of the gentleman from Wisconsin and the gen- time to me. Committee on Appropriations to put in tleman from West Virginia was offered Mr. Chairman, I rise in opposition to language much similar to last year’s last year, was adopted by the majority the amendment offered by the gen- amendment, which we again were pro- of them on that side, opposed by our tleman from Wisconsin to limit the use hibited from doing this time, which side, and to have our side offering this of funds for the acceptance and proc- would say if mining reform legislation amendment is wrong. I say to my col- essing of mineral patent applications passes then this amendment falls by leagues, If you want to keep our jobs or the issuance of such patents by the the wayside. on our shores, employing people not Secretary of the Interior. The amend- Second, this amendment, as it said flipping hamburgers, but doing real ment before us does not merely con- last year, further provides that the jobs that develop a resource and re- tinue the mineral patent moratorium Secretary of the Interior shall continue sources on these lands, then you ought in the fiscal year 1995, as we have been to process patent applications that to take and turn down this amend- led to believe. were filed prior to the date of the en- ment. It is a bad amendment on this The U.S. Supreme Court has consist- actment of this act if the applicant had legislation, but more than that it is, ently opined that a valid mining claim fully complied with all the require- and sadly the Parliamentarian would is ‘‘private property in the highest ments under the general mining laws not rule in my favor, it is legislation sense of the word.’’ The action of the for such patent. on an appropriation. Secretary to grant title to a mining So I am willing to work with the And now I remind my leadership we claim which is supported by a discov- Committee on Appropriations to get were not going to do that with our side. ery of a valuable mineral deposit and language in place that allows patents We are doing it by this amendment for which all other requirements of law in the pipeline to move forward. But today. I do not agree with it. I think it have been met is not discretionary. the bottom line in all of this, Mr. is wrong, it is inappropriate. It is Rather, it is ministerial. I oppose the Chairman, is money. For example, the wrong for this Nation, it is wrong for present patent moratorium, but at State of Arizona requires its mining this industry. We must continue to least the present moratorium recog- companies to pay anywhere from 2 to 5 work for America. nized the prevalent court rulings. percent on current leases; California, 5 Mrs. VUCANOVICH. Mr. Chairman, I The amendment of the gentleman percent; Alaska, 3 percent. yield 2 minutes to the gentleman from from Wisconsin [Mr. KLUG] is clearly If we can get comprehensive mining California [Mr. CALVERT], who is the an infringement on these private prop- reform in place which allows the Fed- chairman of the Subcommittee on En- erty rights. The amendment of my eral Government to collect the royal- ergy and Mineral Resources. friend from Wisconsin invites a flood of ties that are due it, I will be glad to Mr. CALVERT. Mr. Chairman, I rise takings litigation by those applicants work with the gentleman from Califor- in strong opposition to this amend- recognized in last year’s bill to have nia [Mr. CALVERT] on passing his legis- ment which limits the use of funds for met last year’s requirements and for lation. But at the present time, if this the acceptance and processing of min- which the Secretary was not barred moratorium expires on September of eral patent applications or the issuance from spending funds to process or issue 1995, there are three applications pend- of such patents by the Secretary of the mineral patents. The Department’s ing in front of the Federal Government Interior. records as of last fall indicated some now worth $5.5 billion: One patent in Mr. Chairman, I am the chairman of 388 applications for mineral patents Nevada on a gold mine worth $1.113 bil- the authorizing subcommittee of juris- were so vested. This amendment could lion, and the taxpayers get from the diction over the mining law of 1872, as subject our Government to expensive patent price $5,080; another patent, the amended. I am also the lead cosponsor litigation and a staggering takings li- McCoy Cove Mine, pending in Nevada, of H.R. 1580, the Mining Law Reform ability. worth $1.4 billion, and the taxpayers Act of 1995. If the amendment to the The fact is, Mr. Chairman, this will get $3,305; the Mount Edmonds Mine in appropriations bill before us now is have a chilling effect on mining compa- Colorado, recoverable mine value $2.99 adopted, we will have repeated the mis- nies and on folks who have claims and billion, and the patent price of $5 an take of the 103d Congress in its at- are filing for the patents. It in essence acre, one thousand bucks. So more tempt to change the mining law. is a job killer. What we are doing here than $5.4 billion and the taxpayers get The real objective of this amendment today is working to create jobs in the $10,000 out of this. is to derail attempts to bring about private sector, because these jobs are I would be glad to work with my col- reasonable changes to the 1872 act. The not Republican jobs or Democrat jobs leagues on the other side of the aisle, deadlocked end to the conference com- or liberal jobs or conservatives jobs; because I do not think this is, in my mittee on mining law reform last Sep- they are jobs for the people of this case, whether or not there should be tember 28 followed just 2 days after country. I stand up and say yes to jobs, mining in the United States; the bot- Congress adopted the fiscal year 1995 and no to the amendment. tom line is whether or not we get a fair conference report which included a Mr. KLUG. Mr. Chairman, I yield my- price for the mining that should and I mineral patent moratorium for the self 3 minutes. hope will, take place in the future. first time. Was this mere happen- Mr. Chairman, I would like to make Mr. CALVERT. Mr. Chairman, will stance? Absolutely not. some points with my colleagues on the the gentleman yield? H.R. 1580 retains the right to receive other side of this amendment fight and Mr. KLUG. I yield to the gentleman a patent, after demonstration that a simply say this is not an amendment from California. valuable mineral deposit has been dis- about whether or not there should be Mr. CALVERT. Mr. Chairman, if the covered, but only upon payment of the mining. The bottom line in all of this gentleman would like to cosponsor my appraised fair market value of the land is the fiduciary responsibility of Mem- bill, as he knows, we resolve the issues of a fair royalty on Federal land. This is an improper way to amend this at July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7121 this time. So I would think the gen- cations have gone into the Bureau of 20-acre lode claim, not $5 an acre by tleman would like to get on our bill Land Management, everybody trying any means. In many cases, millions of and do it the right way. to seek a patent. Yet the Bureau can dollars have been spent on a property Mr. KLUG. Mr. Chairman, reclaiming only approve less than 10 a year. It in order to achieve patent. my time, the gentleman and I have had takes 4 years now before you can have Mr. Chairman, we should ensure a conversation about this, as he knows. a patent go through the process, and fair return to taxpayers. Comprehen- It is not my intention to drive the U.S. yet mining still goes on these patent sive mining law reform legislation of- mining industry out of the country, applications. So the ability to mine is fers the best chance for that. This but it is my intention to get a fair not affected whatsoever by the ability amendment would derail such legisla- price for this. I would be willing to to obtain a patent. The patent process tion while devastating the mining in- work with the gentleman. I said that in is obsolete. dustry at the same time. I oppose the the past, and I would be willing to Mr. KLUG. Mr. Chairman, I yield my- amendment and urge my colleagues to work with him today to get that bill self 30 seconds. do likewise. out in the near future or put an incen- Let me just again make four points, tive in place today to get it done even if I can. First of all, the General Ac- b 1515 faster, and that is my intention. counting Office, a survey of 20 patents Mr. LUTHER. Mr. Chairman, I wish to sup- Mrs. VUCANOVICH. Mr. Chairman, I examined at random, found that the port the amendment to extend the moratorium yield 11⁄2 minutes to the gentleman Government had been paid $4,500 for on mining claim patents. I am also a cospon- from Washington [Mr. NETHERCUTT], a claims worth somewhere between $14 sor of Congressman RAHALL'S legislation to re- member of the committee. and $48 million. This is an amendment form the mining patent process because I be- Mr. NETHERCUTT. Mr. Chairman, I above and fundamentally about money. rise in opposition to this moratorium Second, as I have already indicated lieve it is time that Congress stop giving away amendment. to my colleagues on the other side, I public lands at a fraction of their value at an Mr. Chairman, this amendment is a would support language in the appro- enormous expense to American taxpayers. temporary solution that in my judg- priations bill during conferences that I understand that the patent process played ment is detrimental to the mining in- would put a grandfather clause in for an important role in developing the Western dustry in America. We can agree that mining patents that are currently in United States. In 1872, there was a legitimate mining reform is overdue. We can agree the pipeline, and also firm language role for the Federal Government to play in pro- with that. And as the gentleman from that says if mining reform law passes viding incentives for Americans to move west California [Mr. CALVERT] mentioned this amendment is null and void. and develop that great region of our country. earlier, we have H.R. 1518 that is in the Finally, when this moves again in But today, things have changed and Gov- process of being prepared which will September, I will remind my col- ernment policy must likewise change. address the objections sought to be im- leagues, $5.4 billion at stake in three Today, we are nearly $4.9 trillion dollars in posed by this amendment. claims and we get 1 thousand bucks. debtÐit is time to establish priorities, identify I believe this amendment will dis- Mrs. VUCANOVICH. Mr. Chairman, I critical roles for the Government and cut the courage mining in America. We can yield myself 3 minutes. rest. Whatever national interest our country have all the anecdotal information or Mr. Chairman, I rise in opposition to may once have had in being a provider of examples in the world of egregious the amendment. The issue of hardrock cheap land, it is simply not a critical role for overreaching, but in fact this mining mining on Federal lands is one that is the Federal Government to play in 1995. law has worked over the years, and it properly within the purview of the ap- Today American taxpayers do not want their is very important, I think, that we propriate House and Senate authoriz- resources turned over to private interests keep something in place to make sure ing committees. It is the role of those while their national debt continues to rise. that we do not discourage mining and committees, working with the adminis- Last November the voters in Minnesota and send it to foreign shores. tration, to determine the parameters of across the country asked that we change the I was one who opposed the elimi- mining on public lands. way Washington operates. When a program nation of the Bureau of Mines in my Mr. Chairman, I want to emphasize has lost its usefulness, we should eliminate it, own subcommittee. We lost that battle, that the amendment before us is not no matter what the special interests might say. but we have cut back in mining the same as last year’s. This amend- This moratorium amendment is an excellent throughout this country to the point ment would put a blanket moratorium opportunity for Congress to demonstrate that where there is a disincentive, I think, on the processing of all mineral patent we can change how Washington operates. to even get involved in the mining in- applications. In last year’s bill, we ex- I urge my colleagues to vote for an end to dustry, to provide some jobs and assist- empted certain patents that had the giveaway of public landsÐby voting for the ance to America. reached a certain point in the patent- Interim steps have a way of becoming ing process. Rahall-Klug amendment. permanent, and I fear that this par- One reason for the exemption in last Mr. GEJDENSON. Mr. Chairman, I rise in ticular moratorium amendment will do year’s bill, Mr. Chairman, was because strong support of the amendment offered by just that. What we do not want to do is of a possible ‘‘takings’’ problem. The Mr. RAHALL and Mr. KLUG to restore the mora- discourage mining in this country. We U.S. Supreme Court has held that min- torium on the issuance of patents for mining do not want to send mining operations ing claims that have reached a certain claims. I want to thank the gentleman from overseas and be dependent on foreign point in the patenting process are, in West Virginia for his tireless efforts over the companies for the production of min- every sense of the phrase, private prop- last several years to fundamentally reform the erals that we use in this country. This erty. If we pass this amendment we anachronistic 1872 mining law. amendment will result in such foreign could be looking at substantial liabil- I can think of no reason why my colleagues dependence, and it should be opposed ity from a ‘‘takings’’ perspective. would not support this commonsense amend- and overridden. The National Association of Manu- ment. Patenting, whereby miners get title to Mr. KLUG. Mr. Chairman, I yield 30 facturers and the U.S. Chamber of public land, is a thing of the past which should seconds to the gentleman from West Commerce oppose this amendment. have been done away with long ago. In these Virginia [Mr. RAHALL]. Likewise, I strongly oppose this times of fiscal crisis, the Federal Government Mr. RAHALL. Mr. Chairman, I thank amendment and urge my colleagues to can ill afford to continue to ``give away'' tax- the gentleman for yielding time to me. do likewise. payers' land for $2.50 or $5 an acre. It bog- Mr. Chairman, one important fact I would like to point out, as this gles my mind that we are still selling our re- that we should not overlook in this de- chart shows, that the Bureau of Land sources for the price established in 1872. Ac- bate is that the ability to obtain a pat- Management’s own study of the true cording to a 1993 General Accounting Office ent has nothing whatsoever to do with costs to miners for patenting of their [GAO] study of other major mining nations, the the ability to mine. Ever since we claims shows the cost of proving dis- United States is the only country which allows started, since I started the effort to re- covery, surveying the claims, preparing public lands to be sold to mining companies. form the Mining Law of 1872 in the mid the application and other legal require- The survey of South Africa, Canada, and Aus- 1980’s, hundreds of thousands of appli- ments to be a minimum of $37,900 per tralia, the third, fourth, and fifth largest mining H 7122 CONGRESSIONAL RECORD — HOUSE July 18, 1995 nations that year, found that these nations re- some of the already wealthiest interests in the Moran Rohrabacher Tejeda tained title to public lands and provided ac- United States? Morella Ros-Lehtinen Thompson Murtha Rose Thornton cess to miners through leases. If mining con- How can they justify this while they continue Myrick Roth Thurman tinues to be robust in Canada and South Afri- to complain that we, as Democrats, want to Nadler Roybal-Allard Torkildsen ca without patenting, why do we need to con- Neal Rush Torres feed starving American children, or educate Neumann Sabo tinue this practice here? The answer is we inner-city youth, or improve the water supply Torricelli Nussle Sanders Towns Oberstar Sanford don't. for millions of native Americans? I am ap- Traficant Obey Sawyer The examples of the costs of patenting are palled, Mr. Chairman. Mostly, I am appalled Tucker Olver Scarborough legendary. Last year, Secretary of the Interior because I know that Republicans would rather Owens Schroeder Upton Bruce Babbitt was forced to approve a patent spend crucial tax dollars for their wealthy busi- Oxley Schumer Velazquez which transferred 1,038 acres of public land ness friends, like the powerful mining interests Pallone Scott Vento Payne (NJ) Sensenbrenner Visclosky containing minerals valued at $10 billion to the that are responsible for the elimination of this Payne (VA) Serrano Volkmer Barrick Gold Corp., a Canadian company, for moratorium. I am appalled, Mr. Chairman, on Pelosi Shaw Walker $5,190. This occurred because the moratorium behalf of the millions of Americans who still Peterson (FL) Shays Ward exempted hundreds of patent applications may not realize the extent to which they are Peterson (MN) Sisisky Waters Pickett Skaggs Watt (NC) which had progressed to a certain point in the being robbed! Pomeroy Skelton Waxman review process. This case demonstrates that The CHAIRMAN. The question is on Porter Slaughter Weldon (PA) even with the moratorium, the American tax- the amendment offered by the gen- Portman Smith (MI) Whitfield Poshard Smith (NJ) payers continue to get the ``shaft.'' tleman from Wisconsin [Mr. KLUG]. Wise Pryce Solomon Wolf In spite of the flaws in the moratorium, it is The question was taken; and the Quinn Souder Woolsey Rahall preferable to allowing all patent applications to Chairman announced that the noes ap- Spratt Wyden Ramstad Stockman Wynn move forward. Without the moratorium, the peared to have it. Rangel Stokes Yates Department of the Interior will be forced to ap- RECORDED VOTE Reed Studds prove hundreds of applications to transfer bil- Regula Stupak Young (FL) Mr. RAHALL. Mr. Chairman, I de- Zeliff lions worth of gold, silver, and other valuable Rivers Tanner mand a recorded vote. Roemer Taylor (MS) Zimmer minerals to private companies without fair A recorded vote was ordered. compensation to the taxpayers. According to NOES—153 The vote was taken by electronic de- an analysis by the Mineral Policy Center, if the vice, and there were—ayes 271, noes 153, Allard English Myers moratorium is not renewed, more than 230 Archer Ensign Nethercutt not voting 10, as follows: patents involving nearly 140,000 acres of pub- Armey Everett Ney [Roll No. 521] Bachus Ewing Norwood lic lands will move through the system and Baker (CA) Fields (TX) Ortiz likely be approved. These lands contain in ex- AYES—271 Baker (LA) Flanagan Orton cess of 15 billion dollars' worth of minerals. Abercrombie Edwards Johnson (SD) Ballenger Foley Packard Without the moratorium, this acreage will be Ackerman Ehlers Johnson, E. B. Barr Gallegly Parker Andrews Engel Johnson, Sam Barrett (NE) Gekas Pastor ``sold'' to mining companies for no more than Baesler Eshoo Johnston Bateman Gillmor Paxon $700,000. Moreover, because we impose no Baldacci Evans Kanjorski Bilbray Hall (TX) Petri royalty on hard rock minerals, the American Barcia Farr Kaptur Bishop Hancock Pombo Boehner Hansen Quillen people stand to lose hundreds of millions in Barrett (WI) Fattah Kasich Bartlett Fawell Kelly Bonilla Hastert Radanovich lost revenue by transferring these lands out of Barton Fazio Kennedy (MA) Bono Hastings (WA) Riggs public ownership. Bass Fields (LA) Kennelly Brewster Hayes Roberts Brownback Hayworth Rogers Mr. Chairman, I strongly support com- Becerra Filner Kildee Beilenson Flake Kim Bryant (TN) Hefley Roukema prehensive mining reform. However, in the ab- Bentsen Foglietta King Bunn Heineman Royce sence of that, we are forced to take a piece- Bereuter Forbes Kingston Bunning Herger Salmon meal approach to protect the interests of the Berman Ford Kleczka Burr Hilleary Saxton Bevill Fowler Klink Burton Hobson Schaefer American taxpayer. Patenting is a giveaway to Bilirakis Fox Klug Buyer Hoke Schiff private companies, which are often foreign Bliley Frank (MA) LaFalce Callahan Hostettler Seastrand owned. No other major mining nation in the Blute Franks (CT) Lantos Calvert Hunter Shadegg Camp Hutchinson Shuster world turns over public land to miners. Most Boehlert Franks (NJ) LaTourette Bonior Frelinghuysen Lazio Chambliss Hyde Skeen importantly, patenting undermines the principle Borski Frisa Leach Chenoweth Istook Smith (TX) that the American people should get a fair re- Boucher Frost Levin Christensen Jefferson Smith (WA) turn on the use of their resources. I urge my Browder Funderburk Lewis (GA) Clinger Jones Spence Brown (CA) Furse Lincoln Coburn Knollenberg Stenholm colleagues to support the Rahall-Klug amend- Brown (FL) Ganske Linder Collins (GA) Kolbe Stump ment. Brown (OH) Gejdenson Lipinski Combest LaHood Talent Miss COLLINS of Michigan. Mr. Chairman, I Bryant (TX) Gephardt LoBiondo Condit Largent Tate Canady Gibbons Lofgren Cooley Latham Tauzin must wholeheartedly oppose the elimination of Cardin Gilchrest Longley Cox Laughlin Taylor (NC) the current moratorium on ``Patenting'' Federal Castle Gilman Lowey Crapo Lewis (CA) Thomas lands subject to hardrock mining claims, and Chabot Gonzalez Luther Cremeans Lewis (KY) Thornberry Cubin Lightfoot Tiahrt challenge the Republicans to justify this ab- Chapman Goodlatte Maloney Chrysler Goodling Manton Cunningham Livingston Vucanovich surd course of action. The General Mining Clay Gordon Markey de la Garza Lucas Waldholtz Law of 1872, signed into law by President Clayton Goss Martini DeLay Manzullo Walsh Ulysses S. Grant, govern the mining of Clement Graham Mascara Dickey Martinez Wamp Clyburn Green Matsui Dooley McCrery Watts (OK) hardrock mineral on about 270 million acres of Coble Greenwood McCarthy Doolittle McInnis Weldon (FL) Federal lands. It allows anyone to buy an acre Coleman Gunderson McCollum Dornan McIntosh Weller of land for $5! Collins (IL) Gutierrez McDade Dreier McKeon White Duncan Metcalf Wicker Put simply, Mr. Chairman, the Federal Gov- Conyers Gutknecht McDermott Costello Hall (OH) McHale Dunn Mollohan Williams ernment is selling taxpayer-owned land which Coyne Hamilton McHugh Ehrlich Montgomery Wilson contains over $15.5 billion worth of gold, silver Cramer Harman McKinney Emerson Moorhead Young (AK) and other minerals for $5 an acre! Danner Hastings (FL) McNulty Davis Hefner Meehan NOT VOTING—10 This country has already let over $231 bil- Deal Hilliard Meek Collins (MI) Kennedy (RI) Stark lion worth of mineral assets slip through the DeFazio Hinchey Menendez Crane Moakley Stearns taxpayer's fingers by granting ownership rights DeLauro Hoekstra Meyers Durbin Reynolds Dellums Holden Mfume Geren Richardson to public lands to mining interests at little Deutsch Horn Mica charge and with no royalty payment. Not only Diaz-Balart Houghton Miller (CA) b 1548 is this robbery, but this is corporate welfare, Dicks Hoyer Miller (FL) plain and simple, Mr. Chairman. The only Dingell Inglis Mineta Mrs. ROUKEMA and Messrs. MOOR- Dixon Jackson-Lee Minge question is, how can the Republicans justify Doggett Jacobs Mink HEAD, BISHOP, EHRLICH, WELLER, this kind of corporate giveaway program to Doyle Johnson (CT) Molinari CAMP, CLINGER, and Mrs. July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7123 SEASTRAND changed their vote from By the vote of the House, they are SEC. 318. None of the funds appropriated or ‘‘aye’’ to ‘‘no’’. not able to do so. What I find very iron- otherwise made available by this Act may be Messrs. GOODLATTE, CASTLE, ic, though, about his whole thing is the used for the purposes of acquiring land in the QUINN, KIM, WHITFIELD, GRAHAM, Congress first asks citizens of this counties of Lawrence, Monroe, or Washing- ton, Ohio, for the Wayne National Forest. and Ms. MOLINARI changed their vote great country of ours to participate in to ‘‘no’’ to ‘‘aye.’’ the governmental process through this The CHAIRMAN. Pursuant to the So the amendment was agreed to. type of a commission. These people rule, the gentleman from Ohio [Mr. The result of the vote was announced that are on this Commission are vol- CREMEANS] and a Member opposed will as above recorded. unteering their time in order to per- each be recognized for 5 minutes. Mr. VOLKMER. Mr. Chairman, I form this function of Government. Yet The Chain recognizes the gentleman move to strike the last word. it is the same Congress, maybe a later from Ohio [Mr. CREMEANS]. The CHAIRMAN. Without objection, one, but the same institution that says Mr. CREMEANS. Mr. Chairman, I the gentleman is recognized for 5 min- ‘‘We are not going to give you any yield myself such time as I may utes. money to do it, folks. If you want to consume. There was no objection. participate in the governmental proc- Mr. Chairman, I offer an amendment (Mr. VOLKMER asked and was given ess, you are good tax-paying citizens, if to save school districts, fire depart- permission to revise and extend his re- you want to make recommendations to ments, and small businesses in south- marks.) make the Midwest a better place to ern Ohio. Mr. VOLKMER. Mr. Chairman, ear- live for everybody, we do not want to Let me first say, this amendment lier today the House voted by a voice give you $142,000.’’ only effects two districts, both of vote on an amendment offered by the Mr. Chairman, I wonder sometimes which are in southern Ohio. We are gentleman from Minnesota [Mr. about some of the things that we do up asking that money from this appro- GUTKNECHT] which would have and did, here in Congress. I do not wonder, how- priation not be spent in these two dis- because it was adopted on a voice vote ever, about why many of the general tricts. I know it is rare to see a Mem- in the House, remove the funds avail- public does not think very much of the ber of this body ask that money not be able for the Mississippi River Corridor Congress. In the first place, if Members spent in his or her district, but the Heritage Commission. Had I been here, do not think the Commission should do Federal Government has bought and I was not able to be here because the study or anything, then repeal the enough land in my district. Let the of, believe it or not, a very good rea- law that set it up. What we have now Forest Service go buy land somewhere son, but had I been here, I would have done is defunded it. The Commission is else or spend it on the schools and the strongly opposed that amendment and still out there, still required by law to communities effected by the Federal explained the good that that Commis- make the study, to make the rec- forests. They need the money a heck of sion is trying to do. I was not able to ommendations, and we have not given a lot more than we need more Govern- be here, and if I had, again, I would them any money to do it with. ment owned trees in Southern Ohio. have asked for a rollcall vote on it. If you were a private citizen out Mr. Chairman, the Wayne National That has been passed. there, as the one from Missouri who is Forest has been buying up land in my I do think the House should hear the a good friend of mine, who is a very district for years. The Wayne owns other side of this story. This Commis- conscientious person, who believes in nearly 40 percent of one school district, sion was set up by this Congress in law this Government of ours and likes to the Frontier Local School District. enacted in 1990. The Commission was to participate, and I have talked to him The Federal Government has not met study the corridor of the Mississippi about this amendment, it makes you its obligation in PILT payments on the River, which is so dear to many of us wonder why a person would ever accept land they already own—let alone what from the Midwest, to try not only to this type of responsibility when this they would like to buy. The Federal bring together the 10 States that bor- Congress or the next Congress may de- Government pays Washington County, der along that Mississippi River, but cide we are not going to let you do it, OH, about 27 cents an acre each year. also the communities and the agencies we do not want you to participate in The average property tax is about $3.34 within those States together to have a this system of government of ours. an acre in Washington County. How in better partnership within that cor- At first I had thought that we would the world is a school system or a fire ridor, basically, to bring about more have possibly a revote when we get in department supposed to operate when strength and economic development the House. I know the House has taken the Federal Government owns half the along that corridor. a lot of time on this bill. land but pays less than 10 percent of its Mr. Speaker, the proponents of the The CHAIRMAN. The time of the share of the tax duplicate? amendment said the law provided that gentleman from Missouri [Mr. VOLK- These schools are going under and I they were supposed to have this study MER] has expired. want to send a message to them that done within the 3 years, and I agree (By unanimous consent, Mr. VOLK- the Federal Government is not going to with that, that it was to be done within MER was allowed to proceed for 1 addi- buy up any more land or steal any the 3 years, but the law also provided tional minute.) more tax dollars from them. This that they were to hold Commission Mr. VOLKMER. Mr. Chairman, the amendment is a commitment to them hearings within each State of those 10 gentleman from Ohio has been so gra- and does not affect anyone outside States, and they were to be funded at cious as to permit me to take this time southern Ohio. I hope that everyone an amount of $500,000 a year in order to in order to explain the position of how would join with me and let the people do so. I would have strongly objected to the of southern Ohio know that we are lis- The problem is, Mr. Chairman, and I amendment, and therefore, when we tening and the Federal Government is think many of the public today ques- get into the House, I will not ask for a going to leave them alone—which is all tions the wisdom of many of us in Con- revote on the amendment. Mr. Chair- they ask. gress, the problem was that the Con- man, I thank the Chairman of the Com- Thank you, Mr. Chairman, for the op- gress did not fund it adequately to hold mittee for giving me this time, and I portunity to offer this amendment. The those hearings in the first 2 years. thank the House for being patient with students of the Frontier Local School Thereafter, the funding started and me. District appreciate your help. they had the hearings. They now have AMENDMENT OFFERED BY MR. CREMEANS Mr. Chairman, I yield 1 minute to the a draft report that is being prepared, it Mr. CREMEANS. Mr. Chairman, I gentleman from Ohio [Mr. NEY]. is available if Members would like to offer an amendment. Mr. NEY. Mr. Chairman, I want to read it, and I think it is very worth- The CHAIRMAN. The Clerk will des- applaud my colleague, whose congres- while. With the money that was pro- ignate the amendment. sional district borders mine, on this vided in the bill, they would have been The text of the amendment is as fol- very important issue. Members also able to finish up and make their rec- lows: have to understand that when we look ommendations working with the Park Amendment offered by Mr. CREMEANS: at the Appalachian region, this poten- Service. Page 94, after line 24, add the following: tial forest goes all the way down from H 7124 CONGRESSIONAL RECORD — HOUSE July 18, 1995 the area of the gentleman from Ohio counties provide on Federal land. We Mr. REGULA. I yield to the gen- [Mr. CREMEANS], all the way up do this because the counties obviously tleman from Colorado. through my area in Monroe County, do not get tax revenue from these lands Mr. SKAGGS. Mr. Chairman, I re- OH, and it would be like a 4-hour drive. but are expected to provide some serv- spect the gentleman’s point of view on If we looked at a map of it, it looks ices. this, but does he really stand for the like somebody took a shotgun and just Recently some of these counties are proposition that these counties, who shot the map, because it is just pieces claiming that these lands are not Fed- are pursuing a legal theory that has of property bought here and there, eral lands, after all, even though they been repudiated by the Supreme Court, small parcels. all became part of the United States should nonetheless continue to get I encouraged the Wayne National through Federal purchase or acquisi- Federal money even though it can be Forest to have a contiguous area, but tion and have never been transferred. used to pay for asserting these specious really, what they have done in the area Mr. Chairman, get this: Even though claims? of Mr. CREMEANS and in this area, for these counties assert that these are not Mr. REGULA. Reclaiming my time, which I want to thank the gentlemen Federal lands for ultimate purposes of the gentleman is making an assump- from Ohio, Mr. REGULA and Mr. title or control, these same counties tion as to how they use their PILT CREMEANS, it is really going to help us would still like the U.S. Federal tax- money. I am assuming they use it for quite a lot. It is also going to protect payers to make PILT payments to their schools. If they use their general Monroe County. Additionally, Senator them as if the lands were Federal budget to pursue their legitimate Monroe, and also representative lands. If there were ever a case of try- claims in court, that is perfectly their Metzger and many others are worried ing to have it both ways, this is it. right. But in the meantime, under the about development. The area has been It is all the more offensive because law, we have an obligation to make the hard hit in Monroe County, so we need some of these counties are effectively PILT payments. some help. I really applaud the gentle- using Federal taxpayer moneys to pay Mr. Chairman, I yield 1 minute to the man’s amendment, and thank him for their officials and lawyers to try to gentlewoman from Nevada [Mrs. perfect their legal claim to the very including this. VUCANOVICH], a member of the sub- Mr. REGULA. Mr. Chairman, I ask lands on which they are basing their committee. unanimous consent to strike the last entitlement to PILT payments. Mrs. VUCANOVICH. Mr. Chairman, I Give me a break. Or, as our col- word. thank the gentleman for yielding me league, the gentleman from Ohio [Mr. The CHAIRMAN. Without objection, the time. TRAFICANT] might say, ‘‘Beam me up.’’ the gentleman from Ohio is recognized Mr. Chairman, I rise in opposition to My amendment simply calls a halt to for 5 minutes. the amendment. Counties depend on this absurd practice. If these counties There was no objection. payment in lieu of taxes, or PILT, to want to claim Federal lands as their Mr. REGULA. Mr. Chairman, I yield make them whole. In a State such as own, fine, go ahead, pursue them if you myself such time as I may consume. my own, Nevada, where 87 percent of think you have any legal theory to We are going to accept this amend- the land is federally managed, making stand on. But do not at the same time ment. This bill has a moratorium on up for the loss of taxes due to Federal be so brash as to claim PILT payments land acquisition. We have no money in management of the land is only fair. to boot on the very same Federal lands the bill to acquire lands in the three This amendment is directly aimed at at the very same time. counties in question. Therefore, there Nye County, NV. Currently Nye County Let us not permit these jurisdictions is no problem whatsoever in accepting is involved in a Department of Justice- to insult our intelligence at the same the amendment. I understand the gen- filed lawsuit about who owns the land. time that they are tapping the Treas- tleman’s concern, and we are pleased to If the gentleman would work with me ury, especially in these difficult budget put it in as part of the bill. to see the Federal Government relin- times. The CHAIRMAN. All time has ex- Mr. Chairman, I reserve the balance quish control of the land in question, pired. The question is on the amend- of my time. then I think the county would will- ment offered by the gentleman from Mr. REGULA. Mr. Chairman, I rise in ingly forgo PILT payments. But until Ohio [Mr. CREMEANS]. opposition to the amendment. the court renders its decision, the The amendment was agreed to. The CHAIRMAN. The gentleman county continues to lose tax revenue. AMENDMENT OFFERED BY MR. SKAGGS from Ohio [Mr. REGULA] is recognized This amendment is an unfunded man- Mr. SKAGGS. Mr. Chairman, I offer for 5 minutes. date, and I oppose it. an amendment. Mr. REGULA. Mr. Chairman, I yield Mr. REGULA. Mr. Chairman, I yield The CHAIRMAN. The Clerk will des- myself such time as I may consume. 1 minute to the gentleman from Utah ignate the amendment. Mr. Chairman, I understand why the [Mr. HANSEN], chairman of the Sub- The text of the amendment is as fol- gentleman might propose this, but this committee on National Parks, Forests lows: changes the PILT formula. This is a and Lands of the Committee on Re- Amendment offered by Mr. SKAGGS: At the situation that the authorizing commit- sources. end of the bill, add a new section, as follows: tee should address. We have an obliga- (Mr. HANSEN asked and was given SEC. . None of the funds appropriated to tion to make the PILT payments under permission to revise and extend his re- implement the Act of October 20, 1976, as the law. marks.) amended (31 U.S.C. 6901–07) shall be used for Of course these issues are in the Mr. HANSEN. I thank the gentleman payments with respect to entitlement lands courts. The courts need to make a deci- for yielding me the time. (as defined in such Act) regarding which it sion. But in the meantime, States have Mr. Chairman, I hope the people in has been made known to the officer or offi- this Chamber realize this is really a cial responsible for such payments that a a right to pursue their legitimate state or political subdivision of a state has claims, but they also have a right to very tough amendment on people. by formal action asserted a claim of owner- their PILT payments. Their obliga- These little counties are out there, 93 ship. tions to schools, to the local govern- percent, some of them, owned by the ment, will not stop just because they Federal Government. People from the b 1600 file a suit in the court. East come in, they cause fires, we have Mr. SKAGGS. Mr. Chairman, I yield Let the courts work their will, but in to put them out. They get hurt, we myself such time as I may consume. the meantime I think the U.S. Govern- have to take care of them. They put de- Mr. Chairman, let me explain what is ment should honor its obligation as bris all over, we have to clean it up. involved in this amendment. Under the provided in the law. There is nothing in There are 1,500 of these counties out PILT program, which is an acronym the law that says if there is a lawsuit there in the West and over half of them standing for ‘‘payment in lieu of filed, they do not get the PILT pay- have a claim against the Federal Gov- taxes,’’ the Federal Government makes ments. Therefore, we should not inter- ernment. cash payments to counties to help fere with the action by the courts. If we are going to take these 750 cover services like fire protection, law Mr. SKAGGS. Mr. Chairman, will the counties and say, ‘‘Fine, guys, you’re enforcement and so forth that these gentleman yield? out of business,’’ why are we doing July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7125 this? You look at the situation of peo- source like everywhere else in the country. It that not a claim, debating whether ple who have 2,477 roads, half of them The fact that the Government owns all of this or not it belongs to the county or in my State have claims against the land in the West is historical circumstance, whether it belongs to the Federal Gov- Federal Government on 2,477 roads. and as a result the Bureau of Land Manage- ernment? Mineral royalties they have claims ment makes payments to these counties for Mr. SKAGGS. The amendment against, timber royalties, grazing fees, lost revenues that would otherwise result if the speaks in terms of a formal action, questions over title. land were able to derive operational tax reve- meaning a county ordinance or other I think it is an outrageous amend- nues like everywhere else in the country. action of the political subdivision. ment that would gut the whole pro- Stopping these PILT payments would be Again, in most of these situations, if I gram and is designed to hurt some peo- counterproductive for the Federal Government, can reclaim my time, the acreage in- ple who are trying to maintain what and would deliver a harsh blow to many dis- volved, and these RS–2477 issues com- they think is right and courageous. tricts like mine. I urge a ``no'' vote on the pared to the total acreage on which Remember years ago we had the amendment. PILT payment is based, is really de sagebrush rebellion. I am glad to see Mr. REGULA. Mr. Chairman, I yield minimis. that is gone. Now we are seeing the war myself the balance of my time. This is not the problem. The problem on the West. This is the kind of amend- Mr. Chairman, I urge all of my col- is the broadside assertions of county ment that is devastating to the people leagues to vote against this amend- title over all Forest Service lands, over in the West. I urge that we oppose this ment. It is simply not fair. Every coun- all BLM lands, over all Fish and Wild- amendment. ty has the right, or State, to pursue life lands, that some 58 counties in our Mr. REGULA. Mr. Chairman, I yield their claim in court without being pe- part of the country have asserted. I am 1 minute to the gentleman from Cali- nalized. This would be an unfair thing just saying they cannot have it both fornia [Mr. DOOLITTLE]. to put a penalty on them for exercising ways. You cannot both get a PILT pay- Mr. DOOLITTLE. Mr. Chairman, I their legitimate rights in the courts. ment and say, ‘‘But it is my land, any- strongly oppose this amendment. Mr. SKAGGS. Mr. Chairman, I yield way.’’ I think it is outrageous to do this to myself the balance of my time. Mr. HANSEN. If the gentleman will our counties in view of all that is hap- The CHAIRMAN. The gentleman yield further, between Alaska and Utah pening throughout the States. We have from Colorado is recognized for 21⁄2 there are over 1,000 of these counties got whole communities that have been minutes. asserting a claim on RS–2477, regard- devastated by the various restrictions Mr. SKAGGS. Mr. Chairman, let me less of size. on the spotted owl and other so-called just respond to some of the character- Mr. SKAGGS. As I say, those are surrogate species. About the only istics that have been offered up in the really de minimis in the context of major activity that can go on is related comments in opposition to this amend- what this amendment would accom- to public lands. ment. plish. These communities have substantial There is nothing punitive about it. It The CHAIRMAN. The question is on expenses in building roads, in providing merely puts counties to the choice the amendment offered by the gen- schools, in providing the services the whether they want to assert that they tleman from Colorado [Mr. SKAGGS]. gentleman from Utah mentioned. Then own land outright that they are also The amendment was rejected. to put forth an amendment like this claiming is Federal lands for purposes The CHAIRMAN. Are there further that basically will cut off this money of PILT payments. You cannot have it amendments to title III? that these communities are entitled to both ways. AMENDMENT OFFERED BY MR. KENNEDY OF receive because of the services they are The punishment, if there is any, is to MASSACHUSETTS providing to the Government. the Federal taxpayers who are being Mr. KENNEDY of Massachusetts. Mr. We do not cut off anybody else’s expected to pay for something twice. I Chairman, I offer an amendment. money for any reason because they are do not believe that that is fair. This The CHAIRMAN. The Clerk will des- pursuing a legitimate claim against has nothing to do with RS–2477 claims ignate the amendment. some branch of the Federal Govern- or legitimate boundary disputes or The text of the amendment is as fol- ment. Only here are we seeking to do rights of way. Any of those sorts of lows: that. I think that is wrong. I think it things are really de minimis, since the Amendment No. 56 offered by Mr. KENNEDY comes at a horrible time when our effect of this amendment would be to of Massachusetts: Page 94, after line 24, in- counties are under so much pressure have impact on a prorated basis, not sert the following new section: economically right now. I strongly ruling out, not invalidating any PILT Sec. 318. None of the funds made available urge Members to defeat this amend- payment for a county that may have a to the Forest Service by this Act may be ment. 2477 right-of-way issue pending. used for the construction of roads, nor the The CHAIRMAN. The gentleman The final point is that we are not preparation of timber sales, in roadless areas of 3,000 or more acres in size. from Ohio [Mr. REGULA] has 30 seconds talking about legitimate claims. That remaining, and he has the right to is the whole point. The Supreme Court POINT OF ORDER close. has ruled on this whole question of the Mr. HANSEN. Mr. Chairman, I make Mr. REGULA. Mr. Chairman, I yield county supremacy movement. It has a point of order that the amendment of 15 seconds to the gentleman from Or- invalidated the legal underpinnings of the gentleman from Massachusetts egon [Mr. COOLEY]. the movement. These are not valid [Mr. KENNEDY] violates clause 2 of rule Mr. COOLEY. Mr. Chairman, I rise in claims, and we should not be taken to XXI of the rules of the House by requir- strong opposition to the Skaggs the cleaners for PILT payments at the ing substantial new duties on the part amendment. This would be a punitive same time we are having to incur legal of the Secretary of Agriculture to de- action against countless rural commu- expenses to establish continued Fed- termine roadless areas on national for- nities in the West and would devastate eral title to these lands. est lands; therefore creating legislation their already fragile economies. Mr. HANSEN. Mr. Chairman, will the on an appropriations bill. Stopping PILT payments would close gentleman yield? The CHAIRMAN. Does the gentleman roads and schools, stop public services, Mr. SKAGGS. I yield to the gen- from Massachusetts [Mr. KENNEDY] and cut hundreds of rural counties off tleman from Utah. care to respond to the point of order? at the knees. This will be a reality un- Mr. HANSEN. I appreciate the gen- Mr. KENNEDY of Massachusetts. less we defeat this amendment. tleman yielding. Yes, I do, Mr. Chairman. It is understandable that some of my col- I am reading from the gentleman’s Mr. Chairman, this amendment is leagues don't understand what PILT payments amendment here. It says asserting a simply a limitations amendment that are or how they came to be, for our situation claim. That seems to be the pivotal states that none of the funds made in the rural West is very unique. When the point of this amendment, a county as- available to the Forest Service may be Federal Government owns anywhere from 50 serting a claim. used for timber roads construction or to 80 percent of the land like it does in the I could name a lot of counties that timber sales preparation in roadless West, these areas don't have a tax base are asserting a claim on RS–2477 roads. areas. It seeks to reduce the taxpayers’ H 7126 CONGRESSIONAL RECORD — HOUSE July 18, 1995 liability only in roadless areas, the Further, the Forest Service Manage- all roadless areas planned for entry in most high-cost areas and most likely ment Act regulations require that all the 1996 program with the justification to result in below-cost timber sales. timber sales must be in compliance for each planned entry. The amendment was filed in accord- with the forest plan, including the re- Mr. Chairman, in conclusion, this ance with the rules and preprinted in quirements of 36 CFR, section 219-14, amendment does not require a new the CONGRESSIONAL RECORD and re- which require detailed analysis of tim- duty on the Forest Service. It simply viewed by the parliamentarian’s office. ber volumes, costs, and other matters. requires them to carry out the current The parliamentarian and I have been in If I would cite that particular code, law and to continue to fulfill the re- discussions for many, many hours, that directs the Forest Service to con- quirements placed upon the Appropria- until late last night and throughout duct benefit analysis as expressed tions Committee. the day today over this issue. I have through gross receipts of the Govern- I urge the consideration of the some extensive remarks that I would ment. Such receipts shall be based on amendment. like to make with regard to the objec- the expected stumpage prices, the pay- Mr. HANSEN. Mr. Chairman, in de- tions that have been raised. ments in kind from timber harvest, fense of my point of order, let me point First the National Forest Manage- considering the future supply and de- out the issue that we have raised to the ment Act of 1976 directs the Forest mand. It takes into account the costs, point of order, and not to the amend- Service to inventory all lands and re- including the anticipated investments ment, goes to this: In fact, are we ask- sources that they manage. The Forest maintenance and operating manage- ing the Forest Service to create a new Service must devise forest plans that ment and planning costs. duty? Are we asking them to do some- include specific land use designations. In addition, it takes into account the thing? If so, that should come from the According to the National Forest long-term yield. You do not have to authorizing committee, which I main- Management Act, title XVI, the Re- just count the acreage; you have to tain is what we are talking about here. newable Resource Assessment, the Sec- count the trees to do this. So, the no- The Forest Service has no duty to retary of Agriculture shall prepare a tion that somehow this amendment is collect infinite amounts of informa- Renewable Resource Assessment, ana- out of order because we call for an indi- tion. They already have collected in- lyze the present anticipated uses, cre- cation of 3,000 acres, versus 5,000 acres, formation on roadless areas more than ate an inventory based on the informa- is ridiculous. 5,000 acres, not on areas of more than tion developed by the Forest Service The fact of the matter is that the 3,000 acres. and other Federal agencies, provide a 5,000-acre designation is for wilderness The Forest Service was asked by the description of the Federal service pro- areas. In order to comply with this, Appropriations Committee to respond gram, and provide for a discussion of you have got to get down to the actual to this. Here is what they said. ‘‘We do important policy considerations. number of trees that are counted in the not have a good estimate of how many The statute also requires the land specific area. ongoing or planned projects involve management plans to comply with the Most importantly, continuing on the roadless areas of 3,000 acres or more. National Environmental Policy Act, or regulations in section 223.83, specifi- There has not been a need to collect NEPA, which means that everything in cally requires that timber sales pro- this information.’’ the forest must be inventoried for an spectus to include data on acreage, ‘‘This amendment,’’ the Kennedy environmental assessment or possible road standards for specified roads to be amendment, ‘‘would require the Forest full-blown environmental impact state- constructed, and the estimated con- Service to make a determination of the ment. struction costs. size of every area for which timber sale b 1615 I would cite in that law, a timber or a road construction project is I would make the Chair aware of the sale prospectus shall specify at a mini- planned to assure that it is not an National Forest Management Act, mum, and it goes through a number of unroaded area of 3,000 acres or more. which specifies procedures to ensure different points, but the location and We do not have the information nec- that land management plans are pre- the area of sale, including harvest acre- essary to make a reasonable estimate pared in accordance with the National age. A timber sale prospectus shall also of the cost of this requirement.’’ Environmental Policy Act of 1969. include the road standards and the Now, if that is not asking for a new They second specify guidelines which roads to be constructed, the estimated duty, I do not know what is and new require the identification and suit- road construction costs and the pur- duties come out of the authorizing ability of lands for resource manage- chaser credit limit. committee, not out of the appropria- ment, provide for the obtaining of in- The fact of the matter is that the tion committee and I would urge that ventory data on the various renewable amendment simply limits the Forest the Chair rule accordingly. resources in soil and water, including Service discretion to build roads or The CHAIRMAN. Does the gentleman the pertinent maps, graphic material, conduct timber sales in roadless areas from California wish to be heard on the and explanatory aids. On and on it which they have already identified as point of order? goes. part of their inventory and which are Mr. MILLER of California. Mr. Chair- Second, according to the Forest Serv- 3,000 acres or greater in size. man, I rise to speak against the point ice regulations, to implement Con- Fourth, to show that this informa- of order. In my view, the Kennedy gress’ laws they must conduct an in- tion is currently available, the Forest amendment is an appropriate limita- ventory of all roadless land in each of Service produced an analysis of the tion and does not violate clause 2 of the national forests and I would like to roads that the Forest Service planned rule XXI which prohibits legislation on cite for the RECORD section 219.17, the to build into roadless areas in last a general appropriation bill. evaluation of roadless areas. year’s Interior appropriations bill. As set forth in book 8 of Deschler’s ‘‘Unless otherwise provided by law, Those of you who argue that the For- Precedents, a limitation amendment is the roadless areas within the National est Service does not already know its in order if it restricts criteria which Forest System shall be evaluated and roadless areas ignore the mandate are within the range of choices given to considered for recommendation as po- placed upon the Forest Service by this an official by the authorizing law. To tential roadless areas, including those committee. As you can see, the current quote, ‘‘A limitation may, in fact, previously inventoried must be taken laws provide substantial evidence that amount to a change of policy, but if into consideration; areas contiguous to the Forest Service is already mandated the limitation is merely a negative re- existing wilderness, primitive areas, or to know the extent and character of striction on the use of funds, it nor- administratively proposed wilder- roadless areas in their forests. If they mally will be allowed.’’ nesses; areas that are contiguous to do not know, they just simply have not The Kennedy amendment restricts roadless and undeveloped areas; and followed the law. the discretion that Forest Service offi- areas designated by the Congress for I would cite again for the RECORD the cials have in the exercise of their du- wilderness study, administrative pro- 1995 Interior appropriations that re- ties to conduct road building and hold posals pending before the Congress,’’ quired the Forest Service to include in timber sales in roadless areas of 3,000 and on and on she goes. its 1996 budget a specific breakdown of acres or greater in the national forests. July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7127 The Kennedy amendment does not What is even more important is that tion and legislation by the Congress impose any new or additional data- they have the data which can be ap- and I think the point of order should be gathering duty on the Forest Service plied to the individual timber sales in overruled. beyond existing law. compliance with the Kennedy amend- The CHAIRMAN. Does the gentleman As a general matter, the Forest Serv- ment. from Washington [Mr. DICKS] wish to ice is obligated to develop land and re- Finally, Mr. Chairman, let me submit be heard on the point of order? source management plans for the Na- on behalf of the argument against the Mr. DICKS. Yes, Mr. Chairman, I tional Forest System as required by point of order that this data is readily wish to be heard on the point of order. the Forest and Rangeland Renewable available and this is nothing more than Mr. Chairman, it seems to me that Planning Act of 1974, as amended by a ministerial act, and that is 36 CFR, this is a lot more straightforward than the National Forest Management Act, chapter 2, which deals with the con- we are trying to make it with these 16 U.S.C. section 160, et. seq. tents of the advertisement and the con- long orations about the technicalities. Purusant to the authorizing act, for- tents of the prospective of the sales. But let us get to the bottom line. We est plans determine the availability There are some 35, almost 40, require- are changing, and the Forest Service and suitability of forestlands for re- ments that go into this, which include has already said in their letter here, source management. While forest plans the location and the estimated quali- that they have been operating on a are normally revised on 10- to 15-year ties of timber and the forest products 5,000 acre basis. We are now going to cycles, section 219.12(D) of the Code of offered for sale. For each sale outside restrict that to 3,000 acres. That is Federal Regulations provides that the State of Alaska, which includes a going to be a major new responsibility, ‘‘[E]ach forest supervisor shall obtain provision the purchaser the credit for ministerial duty, on the Department of and keep current inventory data appro- construction of permanent roads with Agriculture and the Forest Service. priate for managing the resources total estimated construction costs ex- They apparently do not have these under his or her administrative juris- ceeding $20,000, a timber sale shall in- areas at that small a size. Therefore, it diction * * * Data shall be stored for clude: One, the total estimated con- is going to be an additional burden. I ready retrieval.’’ The forest plans are struction costs of all permanent roads. think, therefore, it is legislation and is used as the benchmark for further re- When submitting the bids, they have to subject to a point of order. view and planning of each of the indi- say exactly how much it is going to Mr. MILLER of California. Mr. Chair- vidual sales in compliance with the Na- cost to have the Forest Service con- man, in responding to the gentleman’s tional Environmental Policy Act. struct those roads. point on the point of order, I would As a specific matter, CFR section Under the contents of the prospec- point out the fact is what we have 219.17 directs the Forest Service to tive, the Forest Service must provide shown, and the gentleman from Wash- evaluate and consider roadless areas as the location and area of sale, including ington [Mr. DICKS] may not like the part of their land planning process. The the harvest acreage; the estimated vol- long recitations, but they happen to be inventory and the evaluation of these umes, including the quality of the vol- the law of the land, is that the Forest roadless areas is to be developed with ume, the size of the trees, the age of Service has this information for every public participation. The definition of the trees, and the class of the trees. acre of land; for every parcel of land; roadless areas are lands which ‘‘remain Very specific, on-the-ground deter- for every sale they promote. essentially roadless and undeveloped, minations they must make now on an So to suggest that they do not have and which have not yet been des- ongoing basis. it for 3,000 acres, when in fact they ignated as wilderness or for They must include the road stand- have it for every acre, is simply ludi- nonwilderness uses by law.’’ ards for specified roads to be con- crous on its face. It is important to note, as the gen- structed; the estimated road construc- b 1630 tleman from Massachusetts [Mr. KEN- tion costs and the purchaser credit NEDY] has, that there is no acreage lim- limit. If small businesses are involved, Mr. TAYLOR of North Carolina. Mr. itation in the CFR section on roadless the road standards applicable to the Chairman, I rise to speak in favor of areas as there is with wilderness. construction of the permanent roads the point of order offered by the gen- Mr. Chairman, the Forest Service has and the reference of source of such in- tleman from Utah. a sophisticated land planning system formation; the date of final completion It is not as simple as the gentleman which now includes the use of GIS of all permanent roads, where they will from California would present it. We technology for mapping. No duties to go, and when they will be finished; a are trying to open a broad road here to gather information are required by the statement explaining how the Forest run through a herd of buffalo instead of Kennedy amendment beyond the exist- Service intends to plan for road con- just some technical amendment. First ing law. The notion that they are un- struction by forest account or contract of all, under the Wilderness Act, the aware and incapable of determining and whether or not the higher bidder Secretary of Agriculture has surveyed where 3,000 acre or more blocks of shall make that determination. National Forest lands of at least 5,000 roadless areas exist is an insult to the What, in fact, we have is a very de- acres which are roadless and meet cer- agency. I would point out to my col- tailed process of counting the trees and tain other wilderness criteria, such as leagues that 3,000 acres is 5 square taking the inventory. What we have is first, affected primarily by the forces miles of land. the overlay of a number of Federal of nature; second, has outstanding op- The Forest Service is capable of pro- laws that require this inventory, re- portunities for solitude or a primitive ducing this data on a ready basis for quire that the inventory be kept cur- and unconfined type of recreation; and roadless areas on a national scale. For rent, that the land base be kept cur- third, contains ecological, geological, example, in response to the directive rent, that the timber base be kept cur- or other features of scenic, or historic for the fiscal year 1995 House Interior rent so that they can, in fact, comply value. appropriations report, they submitted on an annual and regular basis with the If a forest area of any size is roadless data in their 1996 budget request which National Environmental Policy Act as but does not meet these other criteria, itemizes 94.9 miles of construction they let lands for sale for timber sales. the Secretary can harvest timber, build planned for roadless areas, including 70 Mr. Chairman, all of this is done on roads, or engage in other types of mul- miles in the National Forest of Alaska. an ongoing basis. The Kennedy amend- tiple use activities. The fact that they have not pre- ment is simply a limitation on those The Secretary of Agriculture may sented data to the Congress on the functions and tracts of land of 3,000 not have made determinations of amount of roadless lands in excess of acres or more. roadlessness in nonwilderness forest 3,000 acres is simply off the mark. What What we have here is a simple min- lands because the lands did not meet is relevant to the amendment is that isterial task to be carried out by the other wilderness criteria. This would the Forest Service has the existing ca- Forest Service; a task and function be a new test. pability of providing such data and which is no additional burden to them For forest areas between 3,000 and does so on a regular and current basis because it is part of their ongoing re- 5,000 acres, the Secretary has never on a national scale. quirements under existing authoriza- been required to make a determination H 7128 CONGRESSIONAL RECORD — HOUSE July 18, 1995 of roadlessness. This is a new require- amendment has the burden of showing VENTO], the gentleman from Illinois ment imposed on the Secretary by the that the amendment does not change [Mr. PORTER], and the gentleman from Kennedy amendment. existing law. Under law codified in sec- California [Mr. MILLER]. Determinations of roadlessness can- tion 1603 of title 16, United States Mr. Chairman, this amendment not be made solely from maps but re- Code, the Secretary of Agriculture, makes a targeted limitation on the quires on-site inspections. The Sec- acting through the Chief of the Forest prohibiting of the Forest Service from retary must also conduct legal and his- Service, is required to ‘‘develop and conducting the most egregious sales, torical research to determine if States maintain on a continuing basis a com- building roads in our so-called roadless and counties have pre-existing RS 2477 prehensive and appropriately detailed areas of this country. rights of way for the construction of inventory of all National Forest Sys- Mr. Chairman, even this amendment highways, which by operation of law tem land and renewable resources.’’ provides for a very small reduction of can be converted into roads and there- The same law, at section 1602 of title just $18 million to stop building roads fore not subject to the prohibition on 16, requires the Secretary to prepare a into the highest mountain areas and road construction and timber sales in recommended renewable resource pro- into the areas of our country that pro- the Kennedy amendment. gram providing in appropriate detail vide the greatest wilderness, that pro- The last time the Secretary of Agri- for protection, management, and devel- vide the greatest opportunities for culture had to survey forest lands for opment of the National Forest System backpacking, which do the greatest road determinations under RARE II, it including forest development roads and amount of environmental damage and took 10 years. And in the 10 years since trails. Regulations require the Forest provide the highest cost per board foot RARE II, more roads have no doubt Service to make determinations for the of any lumber in this country. Those been built, requiring new surveys to suitability of timber resources to a costs end up being paid for by the see if these lands are subject to the level of detail that includes direct ben- American people. Kennedy amendment ban. efits based on expected stumpage It is an egregious form of the kind of The Kennedy amendment cannot exe- prices to payments in kind from timber corporate welfare that all of the people cute without substantial new deter- harvest considering future supply to in this Chamber have vowed to fight minations of facts based on physical vegetation management practices cho- against. We do not need taxpayers surveys of 191 million acres of National sen for each type of vegetation. For ex- writing checks to the lumber compa- Forest lands, plus legal and historical ample, in relation to the timber sale nies for excessive cost to build roads to research conducted by the Secretary of portion of the amendment, the mini- areas that they would never on their Agriculture. mum specification for a timber sale own consider building themselves. The The Kennedy amendment creates a prospectus under title 36, Code of Fed- only reason why these trees get cut new class of de facto wilderness by bar- eral Regulations, part 223.83 requires down is because the American taxpayer ring timber sales and road construction an announcement of harvest acreage is willing to foot the bill. If we put this without meeting all of the Wilderness for each sale as well as road standards bill on a cost-analysis basis, the lum- Act requirements. specified for roads to be constructed. ber companies will not cut these trees The Kennedy amendment creates a Given this level of detail already re- down, and we will preserve the finest new 3,000-acre wilderness requirement quired of the Secretary, the Chair be- and most beautiful parts of our land in contradiction of the wilderness re- lieves that determinations as to an and stop the kind of environmental lease language—language which says area’s roadlessness by a particular havoc that is taking place as a result that multiple use activities are allowed number of acres does not impose new of this egregious program. on nonwilderness designated areas— duties on the executive branch. The I yield 1 minute to my good friend, contained in each State’s wilderness Chair cites volume 8, section 66.6 of the gentleman from New York [Mr. bill that passed the Congress. ‘‘Deschler’s Precedents,’’ where an ex- BOEHLERT]. And the Kennedy road amendment ception from a limitation that did not Mr. BOEHLERT. Mr. Chairman, I deals with timber primarily and does prohibit the use of funds for designated proudly identify with this amendment. not consider the fact that many of the Federal activities which were already I think it makes an awful lot of sense. roads in the national forest are mul- required by law in more general terms The Federal Government has lost $5.6 tiple-use roads. was held in order. In that case the law billion on its timber program, due to The CHAIRMAN. The Chair is pre- required a continuing evaluation of the timber sales that bring in less than the pared to rule. matter as does the law in the case at Forest Service’s initial investment and Mr. MILLER of California. Can we be hand. Therefore the Chair finds the because of subsidies issued for the con- heard on the point raised by the gen- amendment does not legislate and struction of logging roads. tleman from North Carolina? overrules the point of order. In fact, timber subsidies are cur- The CHAIRMAN. The Chair is pre- The gentleman from Massachusetts rently several times the Forest Serv- pared to rule on this. [Mr. KENNEDY] and a Member opposed ice’s annual timber returns. Mr. MILLER of California. I know will each be recognized for 5 minutes. We are always told that we should you are. I want to make sure you have The Chair recognizes the gentleman operate Government more like a busi- all the evidence. from Massachusetts [Mr. KENNEDY]. ness, and let me tell you, in the private The CHAIRMAN. The Chair has heard Mr. KENNEDY of Massachusetts. Mr. sector this would spell disaster. It enough evidence. Chairman, I yield myself such time as would be bankruptcy. They would not Mr. MILLER of California. The Chair I may consume. do it. sounds like Judge Ito. (Mr. KENNEDY of Massachusetts And the problem gets worse when the The CHAIRMAN. The Chair appre- asked and was given permission to re- Government offers subsidies for timber ciates the gentleman’s sense of humor. vise and extend his remarks.) road construction in roadless areas. The gentleman from Utah makes a Mr. KENNEDY of Massachusetts. Mr. These areas are usually remote and point of order that the amendment of- Chairman, I just want to say that I ad- wild. They are made up of rocky, un- fered by the gentleman from Massachu- mire the Chair’s logic and his bril- manageable terrain, and the difficulty setts [Mr. KENNEDY] is not in order as liance, and I certainly did not agree and cost of building roads in these un- a violation of clause 2 of rule XXI be- with my friend from California who manageable roads and lands is great cause it imposes new duties not re- suggested that you were anything like and nearly impossible for the Forest quired by law. The amendment limits Judge Ito. If that be the case, it would Service to recoup expenses. Forest Service funds in the bill for the be a good day for O.J. Simpson. I wish I had a lot of time, but our construction of roads or for the prepa- In any event, Mr. Chairman, I rise in time is severely limited. I am cooperat- ration of timber sales in roadless areas order to offer this amendment, No. 56, ing as fully as I can, trying to move of 3,000 or more acres in size. The Chair with my colleagues, the gentleman this along. I proudly identify with this notes that, as shown in volume 8 of from New York [Mr. BOEHLERT], the amendment. Let us pass it. ‘‘Deschler’s Precedents,’’ chapter 26, gentleman from Wisconsin [Mr. KLUG], Mr. REGULA. Mr. Chairman, I rise in section 22.26, the proponent of an the gentleman from Minnesota [Mr. opposition to the amendment. July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7129 The CHAIRMAN. The gentleman Last week I saw the gentleman from and will continue to allow roads to de- from Ohio [Mr. REGULA] is recognized Washington throw a yellow flag on the teriorate beyond what can be repaired for 5 minutes. gentleman from Oklahoma because he by routine maintenance. Major recon- Mr. REGULA. Mr. Chairman, I yield used a technicality. Another fine foot- struction is the only way to restore 1 minute to the gentleman from North ball player. I cannot believe the gen- these roads to safe conditions. The For- Carolina [Mr. TAYLOR], a member of tleman from Washington State would est Service currently has a $440 million the subcommittee. dare to try to use a technicality to rule backlog in road construction needs. Mr. TAYLOR of North Carolina. Mr. us out of order today. The funds appropriated by the sub- Chairman, let us see what is going on Mr. Chairman, I yield 1 minute to the committee are essential for allowing here. What we have done to our natural gentleman from Minnesota [Mr. the agency to meet watershed protec- resource policy in this country is like VENTO]. tion and analysis requirements. For the cat eating the grindstone, just a Mr. VENTO. Mr. Chairman, I rise in the sake of our economy and our rural little bit at a time. We take a few acres strong support of the Kennedy amend- communities, the time has come to re- here, a few acres there. ment in terms of the Clinton adminis- verse the trend of reduced funding for What have we done to 191 million tration’s programs in terms of timber. roads and timber sales. acres of U.S. forestlands that were The fact is that the question is do you b heretofore reserved for timber, one of want to spend this money on harvest- 1645 the prime, part of the multiple-use pur- ing trees or building roads? That is Mr. REGULA. Mr. Chairman, I yield pose? We have reduced that to about 25 what this is all about. 1 minute to the gentleman from Alaska percent. We already have 100 million Time and again there is no reduction [Mr. YOUNG], the chairman of the Com- acres of that 191 million acres in in terms of the money in terms of this mittee on Resources. roadless or wilderness areas—25 per- bill in terms of timber harvest or prep- Mr. YOUNG of Alaska. Mr. Chair- cent, less than 50 million acres, of the aration. The thing is, where are we man, I rise in strong opposition to the 191 can even be considered for harvest. going to do it? Time and again our col- Kennedy amendment. I say to the gen- This amendment will cost us another leagues have assured us when they had tleman, ‘‘Shame on you, Mr. KEN- 45,000 jobs. It will cost the taxpayer the salvage sales up here and all their NEDY.’’ millions of dollars. It will cost the discussion about forest health, that Mr. Chairman, this would cause a local taxpayer who gets this money— they were not going to go into these loss of $250 million of receipts to the primarily for education—millions of roadless areas, all of a sudden when Treasury, and these figures are the dollars, and these gentlemen know you have an amendment on the floor Treasury figures, a loss of $60 million this. dealing with areas that are roadless, in revenue for sharing of counties and This is another way of saying we do all of a sudden we are going to go in schools around these areas, a loss of 15 not want any trees cut in the U.S. for- there and we are going to have to con- jobs for every 1 million board feet not ests, and we know that is certainly not struct roads. harvested, and, if we reduce it by 1 bil- the policy of the great portion of the So this really belies the type of rep- lion board feet, think how many jobs people. We voted almost two-thirds in resentations that were made on the will be lost there, 25-percent reduction this House to have a timber salvage floor here with regard to forest health. to the timber program which is already bill in order to see that we could start This bill has less money in it for forest four times slower than it was 5 years saving tens of thousands of jobs we are health than the administration asked. ago. losing all over this country. This bill has more money for road Let us not kid ourselves. My friends, Mr. REGULA. Mr. Chairman, I yield building. this amendment is to stop the total 1 minute to the gentleman from Wash- The fact is you do not produce jobs timber industry in the United States, ington, [Mr. DICKS]. by building roads unless you are in the especially in the States of Alaska, Mr. DICKS. The point I want to make roadbuilding business because they Washington, Oregon, and California. is we are now reinventing government. cost money. They cost money in terms This is what this is about. What that means is the Forest Service of credit, which is not represented in I ask, ‘‘Where else do you have 3,000 has been reduced in personnel by 3,000 this bill, and they cost money in terms acres that don’t have roads in it al- people. Timber sales have come down of reconstruction. That means closing ready?’’ This is an attempt to stop all dramatically. roads once they are there so the soil is logging so we no longer have the oppor- If we change the standard from 5,000 not moving into the streams and de- tunity to reduce a renewable resource. acres to 3,000 acres, they are going to stroying the salmon fisheries across That is why I say, ‘‘Shame on you.’’ have to redo all of their forest plans the Pacific Northwest and across this This is a renewable source. This is not throughout this country. That will be a country. something that will not grow back. disaster that will mean less timber Support the Kennedy amendment. This is something that has to be done, harvesting. Mr. REGULA. Mr. Chairman, I yield and managed, and should be, and we Timber harvesting nationally has 1 minute to the gentleman from Wash- are not cutting the timber we were 5 come down by 60 percent. So I have ington [Mr. NETHERCUTT]. years ago, so I suggest respectfully this supported wildernesses. I voted for my Mr. NETHERCUTT. Mr. Chairman, I is a bad amendment, and I urge a ‘‘no’’ wilderness bill in my State. rise tonight in strong opposition to the vote. But to come in now after this dra- amendment offered by the gentleman Mr. KENNEDY of Massachusetts. Mr. matic reduction in timber harvesting from Massachusetts. In addition to pre- Chairman, I yield 40 seconds to the and to come in now and say we have serving the health of our forests, the gentleman from California [Mr. MIL- got to reduce this standard and change timber sale program at the Forest LER], our cleanup hitter. it, is a mistake. Service is a net revenue generator for Mr. MILLER of California. Mr. Chair- By the way, this is the Clinton ad- the Federal Government and our local man, the gentleman from Washington ministration. There is Jim Lyons and communities. [Mr. NETHERCUTT] made the point that ALBERT GORE and Jack Ward Thomas. Last year, the agency produced net there is a huge backlog in road con- They are not going to go out and tear revenues of $214 million and returned struction in the Forest Service. This is apart the roadless areas in this coun- over $280 million to the local counties about new roads. This is about continu- try, and I think it is an affront. I think where our national forests are located. ing a program that lost the taxpayers it is an affront to this administration This occurred while funding levels for $330 million in fiscal year 1994. This is to change this standard after what timber sales have fallen almost 30 per- about the taxpayer, and this is about they have done for ecosystem manage- cent over the past 5 years. staying out of the roadless areas be- ment and improving our environment, Similarly, road construction funding cause those are the most expensive and I am shocked the gentleman from has been cut by 38 percent over the last sales. That is where the litigation is. Massachusetts would do such a thing. 5 years. The condition of Forest Serv- Mr. Chairman, we are cutting back Mr. KENNEDY of Massachusetts. Mr. ice roads have severely declined over on visitor centers, we are cutting back Chairman, I yield myself 15 seconds. the last decade. Reduced funding has on recreation in this bill. We ought to H 7130 CONGRESSIONAL RECORD — HOUSE July 18, 1995 take that money, and use it, and put it cost sales. It is a modest amendment intended The U.S. Forest Service has already con- where the people can enjoy it, prosper to put the brakes on the most expensive, structed 360,000 miles of logging roads, or 8 from it, and the local communities can money losing sales by preventing new roads times the total number of miles in our inter- do the same. We should not be engag- and timber sales in major roadless areas. state highway system. Even with this existing ing in building new roads and to Mr. Chairman, in a bill where the majority is infrastructure, the Forest Service loses money roadless areas. This amendment itself demanding significant sacrifice in the name of on many timber sales, in part, because of the will save about $18 to $20 million off deficit reduction, it is indefensible to heap cost of constructing new roads. And the most, the current program. That is a huge more money than even the Forest Service expensive roads to construct are those in whopper of a loss. What the Forest says is necessary on taxpayer subsidies for roadless areas. Service seeks to do is like if McDon- timber sales and road building. To increase By prohibiting the construction of these ald’s said they wanted to build a ham- environmentally destructive corporate welfare roads, we can increase the return on tax- burger stand on the Moon, and they at the same time the bill is cutting the budget payers' investment in the U.S. Forest Service had to use a space shuttle to get its for people to use and enjoy our national for- timber program. This is an example of the customers there. ests should be a serious embarrassment to type of common sense that voters in Min- This is outrageous. Private enter- the majority. nesota and across the country are looking for prise ought to be building these roads, I urge Members to vote for the Kennedy in their elected leaders. It is fiscally respon- they should not be coming. It is $300 amendment that will save the taxpayers sible. million subsidies. They have been money and preserve the increasingly rare I urge my colleagues to vote for this com- against subsidies all the time. roadless areas in our National Forest System. mon sense amendment. Mr. Chairman, I rise in support of the Ken- Mr. REGULA. Mr. Chairman, I yield Mr. PORTER. Mr. Chairman, I rise in sup- nedy amendment to preclude the Forest Serv- 30 seconds to the gentleman from Or- port of the Kennedy-Boehlert-Vento amend- ice budget from building roads and conducting egon [Mr. BUNN]. ment to stop the construction of new Forest timber sales in roadless areas of our national Mr. BUNN of Oregon. Mr. Chairman, Service roads in roadless areas. forests. what is outrageous is that we have an There is a good reason why these areas Mr. Chairman, many popular Forest Service amendment on the floor that proposes have remained roadless in the past. It is costly programs take significant hits in the bill before locking up 60.2 million acres. That is and environmentally unsound to harvest tim- us. The budget for land acquisition drops from more than the State of Massachusetts ber from these areas. Most of the roadless $65.3 million in fiscal year 1995 to $14.6 mil- and most of the six States surrounding. areas are extremely remote, mountainous, and lion, a 78-percent reduction. The budget for It is outrageous that we have had mill generally not well-suited to timber harvesting. construction of recreational roads, trails, and closure after mill closure, 10 mills in The cost of harvesting and removing timber visitor facilities is $72 million less than the ad- the State of Oregon, 800 jobs lost last from these areas is tremendous, and because ministration's request. Construction of Forest year; since 1989, 111 mills, 16,700 jobs. of the difficulty of constructing good roads on Service visitor facilities is down 63 percent And then we are told that this is a los- steep slopes, timber sales in roadless areas and trail construction is cut by 85 percent from ing proposition. almost always lose money. the current fiscal year. We made a net; that is net, not gross, Last year, the Wilderness Society reports But in the midst of these draconian cuts, the net, $213 million last year when we that 109 of the 120 National Forests lost committee has somehow found it desirable to were told we lost 330 million. We made money. This is $337 million of the taxpayers pile on taxpayer subsidies to provide corporate 800 million a few years ago, but we are money which could be used for more produc- welfare for some of their friends in the timber barely surviving. tive programs. business. The bill provides $57 million in direct I say to my colleagues, ‘‘Don’t shut Logging and road building in these areas subsidies for construction of timber roads and us down.’’ carries enormous environmental costs as well. $50 million more in indirect subsidies through Mr. REGULA. Mr. Chairman, I yield Roads contribute to soil erosion and sedi- the purchaser credit program where we trade myself the balance of my time. mentation of rivers that harm fish and other national forest trees for roads to the clearcuts. Mr. Chairman, I urge all of my col- The bill also provides $189 million for timber aquatic organisms. leagues to vote ‘‘no’’ on this amend- sales management which is about $31 million Mr. Chairman, the Forest Service has ment. The roads provide access to har- or 20 percent more than the administration's claimed that it is moving toward ``ecosystem vest the timber crop so that young peo- budget request. management.'' If this is trueÐand we certainly Simply put, Mr. Chairman, this bill dev- ple can build homes at a reasonable take them at their wordÐit should not be astates the budget for campgrounds, visitor fa- cost. This timber goes into the homes building roads on remote and untouched tracts cilities, and trails for people to enjoy and use of America, but also it opens up these of forest lands. our national forests. Instead, what the people beautiful forests so the millions of our Mr. Chairman, why would we knowingly get is what they don't wantÐmore clearcuts fellow citizens have an opportunity to build roads and harvest timber in areas where and bigger subsidies for those in the timber in- fish, to hunt, to camp, to enjoy the for- it is uneconomical and environmentally dam- dustry who become dependent upon taxpayer ests. We forget that twice the visitor aging to do so? The forests belong to the handouts. days of the Park Service are in the American people, and I believe that they want As the Congressional Budget Office has ex- Forest Service, and these roads provide to put an end to below-cost timber sales. The plained, in seven of the nine National Forest the necessary access. These forests be- first sales to be eliminated ought to be those System regions, annual cash receipts from long to all Americans, and the people, that have the greatest financial and environ- Federal timber sales have consistently failed therefore, should have the right to use mental costsÐtimber in previously roadless to cover the Forest Service's annual cash ex- them, to use the products of the forest areas. penditures. In other words, the Forest Service and to enjoy the beauties of the forest Mr. Chairman, I urge my colleagues to sup- Timber Program is below-cost, which means for recreational purposes. port the Kennedy amendment and protect our that the Forest Service spends more money I strongly urge a ‘‘no’’ vote on this wilderness areas and the taxpayers dollars. annually for roads and administrative expendi- amendment. Mr. STUPAK. Mr. Chairman, I rise today to tures than the Treasury receives in revenues. Mr. LUTHER. Mr. Chairman, I support the express my opposition to the amendment by No private business could stay in business amendment to prevent the use of funds for Mr. KENNEDY to the Interior appropriations bill. managing its assets in such a cavalier man- timber roads and timber sale preparation in This amendment is designed to reduce funds ner. roadless areas. I support it because it makes to the Forest Service for the construction of Why should Members care? According to sound economic sense and will save tax payer roads for the preparation of timber sales, in CBO, we should care because below-cost tim- over $18 million. roadless areas. The amendment is also de- ber sales lead to an increase in the Federal Given the fact that our national debt is ap- signed to reduce funds to the Forest Service deficit, wasteful depletion of Federal resources proaching $5 trillion, I believe the Federal for timber sales in roadless areas. through uneconomic harvest, unwarranted de- Government should not bear the responsibility If enacted, this amendment would shrink the struction of roadless forests valued by many for timber companies to construct logging amount of timber acreage suitable for harvest- recreational visitors, and Government inter- roads in areas currently without roads. While ing by roughly one-third. One-third. The Ken- ference with private timber markets. there may be a case for a logging program, nedy amendment would have the effect of tak- Mr. Chairman, the Kennedy amendment re- this is an example of where the return to the ing more than 60 million acres and essentially duces, but does not entirely eliminate, below- taxpayer does not justify the cost. designating them as ``wilderness'' areas. Sixty July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7131 million acres, an area nearly the size of New Pastor Sawyer Torricelli Waldholtz Weldon (FL) Wise England. Payne (NJ) Saxton Towns Walker Weller Wolf Payne (VA) Schroeder Tucker Walsh White Wyden The proposed road construction budget for Pelosi Schumer Velazquez Wamp Whitfield Young (AK) fiscal year 1996 will provide a total of less Petri Scott Vento Ward Wicker Young (FL) than 100 miles of roads in our forests, 100 Porter Sensenbrenner Visclosky Watts (OK) Wilson Zeliff Poshard Serrano miles for a total area of nearly two-thirds of a Volkmer NOT VOTING—13 Ramstad Shaw Waters million acres. This averages out to roughly Rangel Shays Watt (NC) Coburn Kennedy (RI) Stark Collins (MI) Moakley one mile of road for every 1,000 square miles, Reed Skaggs Waxman Stearns Rivers Slaughter Crane Reynolds Weldon (PA) Stockman an area almost the size of the State of Rhode Rohrabacher Souder Goodling Richardson Williams Island, or one-half the size of Delaware. Rose Spratt Istook Sisisky Woolsey Most of all, the Kennedy amendment will Roybal-Allard Stokes Wynn b have a definite impact on small communities, Rush Studds 1711 Sabo Thompson Yates rural communities already hit hard by the de- Sanders Torkildsen Zimmer The Clerk announced the following cline in funding of roughly one-third in the Sanford Torres pair: Federal timber sales program over the past 5 On this vote: years. Federal timber sales have declined by NOES—255 Mr. Richardson for, with Mr. Stearns 60 percent during this same period, a decline Allard Ewing McHugh against. Andrews Fazio McInnis Mr. GILCHREST and Mr. KASICH that has brought about closures of hundreds Archer Fields (LA) McIntosh of mills and the unemployment of tens of thou- Armey Fields (TX) McKeon changed their vote from ‘‘aye’’ to ‘‘no.’’ sands of Americans. This has been the unfor- Bachus Flanagan Metcalf Mr. BALDACCI, Ms. HARMAN, and tunate reality for many of my constituents, and Baesler Foley Mica Mr. FOX of Pennsylvania changed their Baker (CA) Fowler Molinari I believe my colleague from Massachusetts Baker (LA) Franks (CT) Mollohan vote from ‘‘no’’ to ‘‘aye.’’ would agree with this Member from Michigan Ballenger Frelinghuysen Montgomery So the amendment was rejected. that the last thing we need in America are Barcia Frisa Moorhead The result of the vote was announced Barr Frost Murtha as above recorded. more jobless, more closed businesses, and Barrett (NE) Funderburk Myers more communities struggling to survive. Bartlett Gallegly Myrick Mrs. CHENOWETH. Mr. Chairman, I I ask my colleagues to help these workers, Barton Ganske Nethercutt move to strike the requisite number of to help these companies, and to help the Bass Gekas Neumann words. Bateman Gilchrest Ney Mr. Chairman, I wish to enter into a many communities that will be impacted by Bereuter Gillmor Norwood this amendment. I ask my colleagues to op- Bevill Gilman Nussle colloquy with the chairman of the sub- pose the Kennedy amendment. Bilbray Gonzalez Oberstar committee, the gentleman from Ohio The CHAIRMAN. The question is on Bishop Goodlatte Obey [Mr. REGULA]. Bliley Gordon Ortiz Mr. Chairman, I am concerned with the amendment offered by the gen- Blute Goss Orton tleman from Massachusetts [Mr. KEN- Boehner Graham Oxley reports about high ranking Forest NEDY]. Bonilla Greenwood Packard Service officials telling my constitu- Bono Gunderson Parker ents and Forest Service employees that The question was taken; and the Brewster Hall (TX) Paxon Chairman announced that the noes ap- Browder Hamilton Peterson (FL) direction from the Congress provided in peared to have it. Brownback Hancock Peterson (MN) bill language on eco-region manage- Bryant (TN) Hansen Pickett ment would not really matter. I am RECORDED VOTE Bunn Hastert Pombo alarmed that the Forest Service still Bunning Hastings (WA) Pomeroy Mr. KENNEDY. Mr. Chairman, I de- wants to go forward with implementa- mand a recorded vote. Burr Hayes Portman Burton Hayworth Pryce tion of so-called ecosystem manage- A recorded vote was ordered. Buyer Hefley Quillen ment and eco-region studies. The vote was taken by electronic de- Callahan Hefner Quinn I do not believe that eecosystem ac- vice, and there were—ayes 166, noes 255, Calvert Heineman Radanovich Camp Herger Rahall tivities have ever been authorized by not voting 13, as follows: Canady Hilleary Regula the Congress, and I was glad to learn [Roll No. 522] Chabot Hilliard Riggs that the Nethercutt amendment on Chambliss Hobson Roberts AYES—166 Chapman Hoekstra Roemer this subject would also prevent eco- Abercrombie Farr LaTourette Chenoweth Hoke Rogers system studies in Idaho. I was also glad Ackerman Fattah Lazio Christensen Holden Ros-Lehtinen to learn that the committee report ac- Baldacci Fawell Leach Chrysler Hostettler Roth Barrett (WI) Filner Levin Clement Houghton Roukema companying this bill requires that the Becerra Flake Lewis (GA) Clinger Hunter Royce Forest Service report by December 1, Beilenson Foglietta LoBiondo Coble Hutchinson Salmon 1996, on the purposes, the scope, and Bentsen Forbes Lofgren Coleman Hyde Scarborough benefits, as well as the costs associated Berman Ford Lowey Collins (GA) Inglis Schaefer Bilirakis Fox Luther Combest Jacobs Schiff with ecosystem planning. Boehlert Frank (MA) Maloney Cooley Jefferson Seastrand I would like to see the report sooner, Bonior Franks (NJ) Manton Cox Johnson (SD) Shadegg so that the Committee on Appropria- Borski Furse Markey Cramer Johnson, Sam Shuster tions and the authorizing committees Boucher Gejdenson Martinez Crapo Jones Skeen Brown (CA) Gephardt Martini Cremeans Kaptur Skelton can fully act on and authorize and fund Brown (FL) Geren Mascara Cubin Kasich Smith (MI) this expensive ecosystem project now Brown (OH) Gibbons Matsui Cunningham Kim Smith (NJ) under way. Bryant (TX) Green McCarthy Danner King Smith (TX) Cardin Gutierrez McDermott Davis Kingston Smith (WA) I ask the subcommittee chairman if Castle Gutknecht McHale de la Garza Klink Solomon there is any way to get these reports Clay Hall (OH) McKinney Deal Knollenberg Spence any sooner? Clayton Harman McNulty DeFazio Kolbe Stenholm Mr. REGULA. Mr. Chairman, will the Clyburn Hastings (FL) Meehan DeLay LaHood Stump Collins (IL) Hinchey Meek Diaz-Balart Largent Stupak gentlewoman yield? Condit Horn Menendez Dickey Latham Talent Mrs. CHENOWETH. I yield to the Conyers Hoyer Meyers Dicks Laughlin Tanner gentleman from Ohio. Costello Jackson-Lee Mfume Dooley Lewis (CA) Tate Mr. REGULA. Mr. Chairman, we will Coyne Johnson (CT) Miller (CA) Doolittle Lewis (KY) Tauzin DeLauro Johnson, E. B. Miller (FL) Dornan Lightfoot Taylor (MS) make every attempt to get the eco- Dellums Johnston Mineta Doyle Lincoln Taylor (NC) system report before the next appro- Deutsch Kanjorski Minge Dreier Linder Tejeda priations cycle. If the reports that the Dingell Kelly Mink Duncan Lipinski Thomas Dixon Kennedy (MA) Moran Dunn Livingston Thornberry gentlewoman heard are true, then we Doggett Kennelly Morella Ehlers Longley Thornton can raise the ecosystem issue with the Durbin Kildee Nadler Ehrlich Lucas Thurman Senate and address the problem in con- Edwards Kleczka Neal Emerson Manzullo Tiahrt ference. I do, however, think that the Engel Klug Olver English McCollum Traficant Eshoo LaFalce Owens Ensign McCrery Upton authorizing committee should be in- Evans Lantos Pallone Everett McDade Vucanovich volved. H 7132 CONGRESSIONAL RECORD — HOUSE July 18, 1995 Mrs. CHENOWETH. Mr. Chairman, I Why should the wealthiest nation in the elimination of programs which bring the benefit thank the gentleman. As a member of world choose to slash and destroy its arts and of theater, music, dance, and visual art to the both authorizing committees, I am humanities endowments rather than nurture people of my rural State. working closely with the Committee on and encourage them? While many opponents of Federal funding Appropriations, and I intend to follow Assuring a rich American heritage should be for the arts expound on the monopoly on arts up in our next set of hearings on the re- one of the primary responsibilities of this and funding that more urban States supposedly ports that the Forest Service plans to every Congress. enjoy, the invaluable benefits that NEA fund- proceed with ecosystem assessments. Public arts and humanities funding, along ing brings to rural States like South Dakota Although your bill recommended $130 with public education, is an obligation a gov- continually go unnoticed. Almost 50 percent of million for ecosystem planning, I am ernment has to its people and to history. the grant applications to the NEA from South troubled by what I heard, and I hope Ms. HARMAN. Mr. Chairman, I would like to Dakota are approved and funded by the NEA, that the subcommittee helps us address express my strong opposition to the amend- compared to roughly 20 percent of applica- this and requests an explanation. ment offered cutting funds for the National En- tions from New York and California. NEA pro- dowment for the Arts. grams exemplify the type of public-private b 1715 At home over this weekend, numerous con- partnerships that have traditionally fostered a What I heard was reported from three stituents expressed to me their views that cuts collective dedication to arts education and cul- congressional districts in the north- for arts programs in public schools and cul- tural enrichment. The NEA gives State and west, and I look forward to addressing tural displays at numerous museums and local arts councils the necessary freedoms to this issue in the conference with the community facilities will deny our kids the meet local arts and educational needs. Senate. chance to develop creativity and to learn In fiscal year 1994, the NEA provided orga- Mr. Chairman, I will work on making about their cultural heritage. nizations like the South Dakota Arts Council sure that the authorizing committees For example, the city of Venice has hosted and American Indian Services, Inc. with deal with these issues. numerous performing arts events, art displays, $779,500 dollars to develop theater, dance, Mrs. MALONEY. Mr. Chairman, I rise to em- and multi-media activities that have been and other visual arts programs. With these phasize how important I think it is for the enormously popular. A terrific display of one funds, children's theater companies from Min- greatest country in the world to support the museum's collection of Navajo and Pueblo neapolis, MN and Richmond, VA toured sev- arts. textiles was funded with an NEA grant. Sev- eral of South Dakota's smaller cities. While I believe very strongly that there should be eral travelling performing arts and theater larger urban areas have the benefit of multiple a Federal role in arts funding. groups have staged programs for the benefit theaters and art museums, many South Dako- Civilizations are remembered for their great of the citizens of Redondo Beach and Manhat- tan's only exposure to theater and dance is battles and their cultural contributions. tan Beach. The cities of San Pedro, Venice, through touring groups funded by NEA grants. The United States spends more on defense Torrance, Playa del Ray, Hermosa Beach, Re- In addition to fulfilling its mission of expand- than any other country in the worldÐand next dondo Beach and Manhattan Beach have en- ing the cultural and artistic horizon for every year we're giving the Pentagon $8 billion more joyed special education operatic perform- American, the NEA serves as an impetus for than they have requested. ances. And students attending the elementary, local economies and contributes to the Na- Yet, this Congress wants to slash the Arts middle and high schools of many of these tion's fiscal well being. The nonprofit arts in- and Humanities Endowments with funding set same cities have participated in dustry alone contributes $36.8 billion to the to end entirely in 2 years. improvisational theater sponsored by a touring U.S. economy and provides over 1.3 million What does this say about our Nation's prior- performing arts and musical company. jobs to Americans nationwide. Business, tour- ities? Mr. Chairman, private funds will not take up ism, restaurants, and hotels thrive on the arts. We invest in that which destroys and de- the slack to continue these activities if the Nonprofit theaters serve annually an audience stroy that which creates. Congress cuts the National Endowment for the that has grown from 5 million in 1965 to over All developed countries in the world support Arts. While fair revisions may be appropriate 20 million in 1992. In South Dakota alone the their visual artists, musicians, performing art- in times of budgetary streamlining, wiping out economic impact of the arts can be seen both ists, and cultural institutions. NEA is not reform. locally and statewide. In Aberdeen, a town of The amount the United States gives to the In fact, cutting funding for NEA is short- 27,000, the arts provide an average of $8,867 three Federal arts agencies, the NEA, the sighted. NEA is the Federal Government's ve- in local revenues annually. Additionally, 18 full NEH and the IMS, is minuscule compared to hicle for funnelling funds to local and State time jobs were supported by the nonprofit arts what Britain, Canada, The Netherlands, arts and humanities councils and organiza- industries in Aberdeen between 1990 and France, Germany and Sweden allocate to the tions. Cutting, if not eliminating, NEA is tanta- 1992. arts. mount to cutting locally-controlled resources. As belts are tightened at the Federal, State, This year in Germany, Berlin alone will de- Such an action will have long-term repercus- and local levels, we cannot stand by and allow vote 1.1 billion marks, or 730 million dollars, to sions that could lead to the destruction of the complete elimination of the seed money art and culture. community-based arts activities and programs. for programs vital to cultural enrichment and This amounts to $225 per citizen of Berlin. If this amendment had been successful, the education funded through the National Endow- In comparison, our National Endowments for greatest losers would have been our children ment for the Arts. the Arts and Humanities will each spend less and grandchildrenÐthose for whom arts edu- Ms. WOOLSEY. Mr. Chairman, I rise to op- than a quarter of that amount for the entire cation is most important. pose this amendment which would devastate United States, or a mere 64 cents per U.S. cit- While I was unavoidably absent last night the arts in this country. izen, the cost of 2 postage stamps. during consideration of the Stearns amend- You know, the average taxpayer invests We should be celebrating the contributions ment that sought to reduce NEA funding, had about 68 cents a year in the NEA; 68 cents. of the arts endowments to our country today, I been present, I would have voted ``no''. But For that 68 cents, they get a lot back in re- rather than trying to destroy them. my vote against the Interior Appropriations bill turn. Let me remind my friends on the other side on final passage is based, in part, on my con- For 68 cents, their local arts groups are that the agencies on the chopping block today cern over the level of funding for NEA and the supported. were created by President Richard Nixon and majority's intention to eliminate all of its fund- For 68 cents, their schools and communities defended by President Ronald Reagan. ing over the next several years. are enriched. These Republicans believed in the impor- Mr. JOHNSON of South Dakota. Mr. Chair- For 68 cents, jobs are created in their towns tance of a vibrant American culture that could man, I rise today to express my strong opposi- and cities. be passed on to future generations. tion to an amendment offered by Representa- That is why, for the life of me, I can not un- Yes we need to reduce the size of the Fed- tive CRANE which would eliminate funding for derstand why some Members want to bring eral Government. the National Endowment for the Arts. As pre- the curtain down on our threatres and sym- Yes we must cut the budget and reduce the sented, the Interior appropriations bill cuts the phonies, especially when these same Mem- deficit. NEA budget nearly in half; a cut which I be- bers refuse to even look at cutting Pentagon But we must also keep our priorities lieve will devastate many existing educational pork. straight. arts programs nationwide. As the only voice Mr. Chairman, investing in the arts reaps The leading countries of the world support for South Dakota in the House of Representa- longterm benefits for our communities and our the arts, often ten times as much as we do. tives, I must speak out against the outright Nation. July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7133 I urge my colleagues to vote against this mentary films, research grants, public con- much the NEA and NEH cost taxpayers each shortsighted amendment. ferences and speakers, and library-based year to how much they provide, the argument Mr. CASTLE. Mr. Chairman, I believe the reading and discussions programs. Through- that eliminating these programs is necessary humanities agencies are important to the cul- out all of these programs, the NEH helps to just does not hold up. Since the NEA was cre- tural life and diversity of our countryÐto peo- provide a greater understanding of our Na- ated in 1965, the number of professional thea- ple of all ages, to people in our inner cities, in tion's history and culture. ters, orchestras, dance and opera companies our suburbs, and in our rural communities. Before you cast your vote, I urge my col- have multiplied greatly at a cost of less than There are many, many positive effects of leagues to heed the words of Ken Burns, pro- a dollar a year per taxpayer. these dollars and what they help fundÐfor ex- ducer of the highly acclaimed Civil War and In my congressional district in Illinois, recent ample: Baseball series on PBS. Testifying before the NEA and NEH grants have enabled the Black In Delaware, we are fortunate to have tre- Interior Appropriations Subcommittee earlier Ensemble Theatre Corp. to support their thea- mendously well-run and highly effective divi- this year, Ken Burns declared emphatically ter season and the People's Music School to sion of the arts, State Arts Council, and Dela- that his Civil War series would not have been continue its professional music training pro- ware Humanities Forum. These organizations, possible without the Endowment's support. I gram for inner city youth and adults. Other which receive a combined total of about 75 dare say the majority of my constituents would NEA grants have given students from May- percent of their funds from the national organi- be willing to sacrifice the price of a can of wood, Bellwood, Westchester, Oak Park, zations, help fund such diverse exhibitions and Pepsi every year to pay for programs like the Berkeley, and River Forest the opportunity to events as: Civil War, not to mention all the other pro- attend special Chicago Symphony Orchestra The Delaware Symphony Orchestra, that grams the NEH supports. concerts and gave the director, Roger Quinn, provides concerts in all three of our counties. Mr. Chairman, this amendment will harm our the chance to make the moving and highly ac- Operadelaware which provides musical edu- Nation's schools and damage our cultural her- claimed movie Hoop Dreams. I strongly op- cation programs statewide; itage. It must be defeated. pose these cuts and urge my colleagues to The visiting scholars program, that brings Mrs. COLLINS of Illinois. Mr. Chairman, I oppose any amendments that reduce spend- University of Delaware professors into 137 rise in opposition to H.R. 1977, the Interior ap- ing even more radically for these important Delaware classrooms to talk to 60,000 school propriations bill for fiscal year 1996. This programs. children about American Presidents, and many short-sighted and extreme bill makes drastic H.R. 1977 also eliminates the Advisory other topics; cuts in some of America's most successful Council on Historic Preservation which advises The beautiful and historic Winterthur Mu- and important Federal programs. We have the President and Congress on relevant is- seum and Gardens; heard a lot of Members these past days talk- sues and terminates all funding for the Depart- Exhibitions, lectures, films about World War ing about how responsible this bill is and how ment of Interior's pre-listing and listing activi- II and its impact on Delaware, which are of- important these cuts are to the future of our ties of the Endangered Species Act [ESA] until fered throughout the State; country. If only this were true! this law is reauthorized. More specifically, it The Georgetown Possum Point Players, a In reality, the Gingrich Republicans have eliminates $4.5 million from the Fish and Wild- local theatre group; promised major tax cuts to those that least life Services budget for prelisting activities. The Mid-Altantic Chamber Music Society; need it, have hiked up spending for the mili- This is exactly the type of short-sighted and The Nanticoke Powwow in Millsboro, DE; tary and are now looking to cut hundreds of extreme provisions that are rampant in H.R. Second Street Players, a community theatre Federal programs for needy people to pay for 1977. The ESA's prelisting activities are de- group in Milford; their skewed priorities. Moreover, the Gingrich signed to stabilize and protect species that The Dover Art League; and, Republicans are so entirely committed to pro- would otherwise likely end up on the ESA's The Southern Delaware Chorale. tecting their wealthy friends that they are only protection list. This saves funding and re- This is only a sampling of the many positive, targeting certain programs for cuts, not the sources down the road before bald eagles, quality programs or exhibits these organiza- ones that benefit wealthy mining companies, and so forth become dangerously close to ex- tions, fostered by the NEA and the NEH, help and so forth. This is neither responsible nor in tinction and extraordinary measures must be provide throughout the State of Delaware. the best interest of this country's future. taken to ensure their preservation. I support a Federal role in funding the arts Let's look at some of the programs that will Mr. Chairman, this bill is clearly just another and humanities, but I do not believe that in a be eliminated to give tax cuts for the finan- move by the Gingrich Republicans to cut pro- time of tremendous budget deficits and an cially privileged and more money for the grams that Americans care about and depend enormous Federal debt, that virtually any pro- peace-time military and compare them to what on so that they can give billion dollar bonuses gram should be spared from budget cuts or is protected in this bill. The Department of En- and give aways to the rich. I am voting against restructuring. ergy's Low-Income Weatherization [WAP] Pro- this skewed bill and urge my colleagues to do Having said that, the arts and humanities gram is cut by 50 percent in H.R. 1977. Fifty the same. have not been spared. In fact, they have felt percent! Since 1977, WAP has served over 4 Mr. MILLER of California. Mr. Chairman, the the edge of a heavy axe. million low- and fixed-income households in fiscal year 1996 Interior appropriations bill Consequently, I urge my colleagues to sup- the Nation. It protects Americans throughout does a great disservice to the American Indian port the Appropriations Committee actions by the country, especially in districts like mine and Alaska Native tribes of our country. While voting against any efforts to eliminate or cut where the winter season is long and bitterly we were able to restore funding for the edu- further these organizations. They have fared cold, from having to choose between feeding cation of Indian children in public schools, the far enough. themselves and their families or heating their bill still eliminates funding under the Elemen- Mrs. LOWEY, Mr. Chairman, I rise in strong homes. tary and Secondary Education Act for adult In- opposition to the amendment. Cutting the At the same time, this bill lifts the morato- dian education, services to children with dis- budget of the National Endowment for the Hu- rium on mining claim patents, which allows abilities, remedial instruction, gifted and tal- manities by 40 percent next year is bad mining companies to extract mineral wealth ented student grants, and scholarships for In- enough. This amendment, however, defies all from taxpayer-owned Federal land for as little dian students. sense of reasonableness. In a nation of such as $5 an acre. Last year, these big mining Under this bill, the Bureau of Indian Affairs' wealth and cultural diversity, this amendment companies made $1.2 billion from the minerals budget is $101 million below the President's is a tragic commentary on our priorities. they extracted from taxpayer-owned land and request and the Indian Health Service's budg- The total budget for the NEH costs each paid almost nothing back into the U.S. Treas- et is $96 million below the President's budget. American less than the price of a can of soda, ury. Why should these rich corporations re- The IHS budget does not take into account and it leverages funds many times over that in ceive corporate welfare while the GOP is any growth in population or cover inflationary private dollars. slashing the programs that help weatherize costs. The BIA budget significantly restricts At a time when we are funding B±2 bomb- the homes of senior citizens and poor Ameri- funding for Self-Governance and Self-Deter- ers that we don't even need, why must we cans and lower their winter heating bills? It is mination contracts, water rights negotiations slash one of the most modest and cost-effec- unconscionable and irresponsible. and settlements, new school and hospital fa- tive investments that our Government makes H.R. 1977 also cuts the National Endow- cilities, tribal courts, and community and eco- in society? ment for the Arts [NEA] and the National En- nomic development. The National Endowment for the Humanities dowment for the Humanities [NEH] by 40 per- In addition, the report accompanying the bill provides funding for student essay contests, cent this year and will completely eliminate penalizes tribal self-determination and eco- teacher seminars, museum exhibitions, docu- them within 3 years. When you compare how nomic growth by directing the Secretary of the H 7134 CONGRESSIONAL RECORD — HOUSE July 18, 1995 Interior to prepare a means-testing report for from the University of Pittsburgh at Bradford high temperatures. Tragically, 179 residents of Indian tribes with gaming revenues. Further, estimated that 42 percent of the jobs in the re- Cook County, and perhaps as many as 300, the report directs the Secretary to ignore the gion, to some extent, rely on harvesting timber died from the heat. I wish to take this oppor- law and halt the distribution to Self-Govern- in the ANF. tunity to extend my condolences to the fami- ance tribes of their rightful share of administra- So again, I thank the committee for rejecting lies and friends of these victims and to urge tive funding. the President's inadequate timber program re- residents across the Chicago Metropolitan These actions demonstrate the attitude of quest and for pulling the program back from Area to check on their elderly neighbors and the new Republican-controlled Congress to- the brink of extinction and urge my colleagues family members to help ensure that the heat ward Indian countryÐthat it's all right to forget to defeat any amendment cutting funding from does not claim any more victims. the fact that our Nation signed treaties with In- the timber sale program. I also want to urge my colleagues to accom- dian tribes promising the delivery of these very Mr. BARRETT of Nebraska. Mr. Chairman, modate any requests by Mayor Richard Daley services; that it's all right to ignore the fact I rise in support for the Appropriations Com- and Governor Jim Edgar for Federal disaster that our Nation has a legal trust responsibility mittee's actions on the National Endowment aid to quickly address this tragic situation. to protect the well-being of the Indian tribes. for the Arts and the Endowment for the Hu- More than 440,000 Americans over the age We should never forget that these tribes have manities. of 60 live in the City of Chicago. Many of them already borne more than their fair share of As a member of the authorizing committee live in my Congressional District in Chicago budget cuts in the past 200 years and we owe for the arts and humanities, I'm pleased that and its western suburbs. Extreme tempera- more to them than this bill provides. the Appropriations Committee has followed tures can have a terrifying impact on these Mr. CLINGER. Mr. Chairman, I first want to our lead. H.R. 1977 represents the first install- seniors and we need to make sure that every commend Chairman REGULA and his staff for ment on the gradual phase out of federal sup- step possible is taken to protect them from se- putting this bill together under difficult cir- port for the arts and humanities programsÐ vere heat and cold. Programs like the Depart- cumstances. Not only did the chairman have which is consistent with legislation (H.R. 1557) ment of Energy's low-income weatherization to deal with a tight 602(b) allocation, butÐbe- approved by the Opportunities Committee. program and the Low-Income Housing Energy tween NBS, the timber program, NEA, NEH, In the past, I've given my support to main- Assistance program (LIHEAP) are specifically and other programs included in this billÐit has taining federal funding for the arts and human- designed to prevent such tragedies from oc- attracted more than its fair share of con- ities because the state councils have provided curring. In fact, for many low-income seniors, troversy. I appreciate the chairman's efforts, my rural constituents with access to enriching these programs can literally mean the dif- patience, and perseverance. art and cultural programs. Without these pro- ference between life or death. The fiscal year 1996 Interior appropriations grams, I doubt that my constituents and com- The Department of Energy's low-income bill is consistent with the balanced budget res- munities would ever experience the types of weatherization program provides funding for olution Congress recently adopted. It is nearly programs that our urban neighbors can enjoy states to make improvements to the homes of $1.6 billion below the fiscal year 1995 appro- daily. But, we have to change our mind set poor Americans so that they are better pre- priationsÐthat's a real cut of 11.5 percent. and stop expecting the Federal Government to pared for extreme weather conditions and to Nevertheless, I'm confident that the bill re- fund all that we find useful. lower their heating and cooling bills. Specifi- sponsibly protects and enhances our Nation's And its also time that we recognize that the cally, this program enables states to install priceless natural resources. And as the Mem- private sector, which gave $9.6 billion in 1993 ceiling fans, attic fans, and awnings and to ber whose district includes the Allegheny Na- for the arts, is already providing the heavy lift- tune-up or replace air conditioners. Why do tional Forest, this is extremely important to me ing for the arts. Private contributions rep- the Republicans want to cut fifty percent of the and my constituents. resented 98 percent of all funds that were funds for this program, knowing that lives are The bill, I believe, also upholds the multiple- spent in 1993 on the arts. at risk? I am waiting for an answer to this use philosophy of the National Forest System So, if we are ever to get a handle on the question, Mr. Chairman. by reversing a 5-year decline in the timber deficit and balance our budget, painful but sale budget. Since the late 1980's timber har- necessary priorities need to be established. Rest assured that I am not in any way sug- vest levels on national forests have plum- And, when I look at the billions being gen- gesting that the Republicans are responsible meted over 60 percent. This year's timber sale erated by the private sector for the arts, and for the deaths in Chicago. What I am suggest- management appropriation of $188 million rep- our own pressing budget problems, then per- ing, Mr. Chairman, is that it is sadly ironic that resents a modest increase above last year's haps it is now time for us to cycleout federal this week, before the heat wave has even funding and will allow for a nationwide timber funding. moved from the Midwest, we are debating and harvest of roughly 4.3 billion board feet. This will not be an easy transition period for voting on H.R. 1977, the FY96 Interior Appro- Some of my colleaguesÐwho supported the our state councils. Many I'm sure will have dif- priations Act, which cuts the low-income piecemeal dismantling of the timber sale pro- ficulties in raising the funds from state or pri- weatherization program by fifty percent. It is gramÐoppose this funding because, I believe, vate sources to maintain or develop new pro- important that we remember that these are not they want to prevent any timber harvesting on grams. But I'm ready to lend my private and vague, anti-big government cuts that the Re- Federal lands. However, I want to point out public support for the state councils. When the publicans are making. Instead, they are dev- several points to my colleagues: First, the U.S. House passes H.R. 1557, I'll be giving a dona- astating reductions to critically important pro- Forest Service, by statute, is governed by mul- tion to Nebraska's arts and humanities coun- grams that provide life-or-death services to tiple-use policies. Second, one of the missions cils, and I'll actively encourage my colleagues many of our constituents. of the Forest Service is to help provide the to also donate funds to their state councils. The CHAIRMAN. If there are no fur- Nation with an adequate supply of timber. And Mr. Chairman, H.R. 1997 represents a rea- ther amendments, under the rule, the third, timber harvesting is a legitimate and vital soned and prudent policy that will end imme- Committee rises. forest management tool. diately the endowments' national grant pro- Accordingly the Committee rose; and National forests are not national parks, wil- grams, which have been the subject of so the Speaker pro tempore (Mr. HEFLEY) derness areas, or wildlife refuges and their much controversy, and for ending federal sup- having assumed the chair, Mr. BURTON management plans must and do reflect this port for state arts and humanities councils. of Indiana, Chairman of the Committee fact. The bill cuts arts funding by 39 percent, or of the Whole House on the State of the Having said that, I am proud to say that the $63 million, and cuts humanities funding by 42 Union, reported that that Committee, Allegheny National Forest is one of the Na- percent, or $73 million, from that spend during having had under consideration the bill tion's most environmentally and fiscally well- this past fiscal year. These are sizable cuts (H.R. 1977) making appropriations for managed forests. It is a model of how mul- and necessary if we are to achieve a balanced the Department of the Interior and re- tiple-use policies can work as it balancesÐ budget by 2002. lated agencies for the fiscal year end- with relatively little conflictÐthe interests of 12 I encourage my colleague to support the ing September 30, 1996, and for other million annual recreational users, the owners Committee's position and oppose amend- purposes, pursuant to House Resolution of gas and oil rights beneath the forest, and ments that would either eliminate all funding 187, he reported the bill back to the timber harvesters. for the arts and humanities immediately or add House with sundry amendments adopt- Its timber program is above-costÐreturning monies back to these programs. ed by the Committee of the Whole. millions of dollars in net receipts to the U.S. Mrs. COLLINS of Illinois. Mr. Chairman, dur- The SPEAKER pro tempore. Under TreasuryÐand, to a large degree, sustains the ing this past weekend while I was back in my the rule, the previous question is or- Allegheny region's economy. In fact, one study Congressional District, the heat rose to record dered. July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7135 Is a separate vote demanded on any Latham Nussle Smith (TX) Williams Woolsey Wynn amendment? If not, the Chair will put LaTourette Orton Smith (WA) Wise Wyden Yates Laughlin Oxley Solomon them en gros. Lazio Packard Souder NOT VOTING—9 The amendments were agreed to. Lewis (CA) Parker Spence Collins (MI) McKeon Reynolds The SPEAKER pro tempore. The Lewis (KY) Paxon Spratt Crane Moakley Richardson question is on the engrossment and Lightfoot Pombo Stenholm Kennedy (RI) Myers Stearns Lincoln Porter Stump third reading of the bill. Linder Portman Talent b 1736 The bill was ordered to be engrossed Lipinski Pryce Tate The Clerk announced the following Livingston Quillen and read a third time, and was read the Taylor (NC) pairs: third time. LoBiondo Quinn Thomas Longley Radanovich Thornberry On this vote: MOTION TO RECOMMIT OFFERED BY MR. YATES Lucas Ramstad Thornton Mr. Stearns for, with Mr. Richardson Martini Reed Mr. YATES. Mr. Speaker, I offer a Torkildsen against. Mascara Regula Traficant motion to recommit. McCollum Riggs Mr. Myers of Indiana for, with Mr. Moak- Upton ley against. The SPEAKER pro tempore. Is the McCrery Roberts Vucanovich gentleman opposed to the bill? McDade Rogers Waldholtz Ms. MCCARTHY and Mr. SALMON McHugh Rohrabacher Walker Mr. YATES. In its present form, I McInnis Ros-Lehtinen changed their vote from ‘‘yea’’ to Walsh am, Mr. Speaker. McIntosh Roth ‘‘nay.’’ Wamp McNulty Roukema The SPEAKER pro tempore. The Watts (OK) So the bill was passed. Metcalf Royce Clerk will report the motion to recom- Weldon (FL) The result of the vote was announced Meyers Sanford Weldon (PA) mit. Mica Saxton as above recorded. The Clerk read as follows: Miller (FL) Schaefer Weller A motion to reconsider was laid on Molinari Schiff White the table. Mr. YATES moves to recommit the bill, Whitfield H.R. 1977, to the Committee on Appropria- Montgomery Seastrand Moorhead Shadegg Wicker f tions. Morella Shaw Wilson The SPEAKER pro tempore. Without Murtha Shays Wolf PERSONAL EXPLANATION objection, the previous question is or- Myrick Shuster Young (AK) Mr. GENE GREEN of Texas. Mr. Nethercutt Sisisky Young (FL) dered on the motion to recommit. Neumann Skeen Zeliff Speaker, on Monday, July 17, and Tues- There was no objection. Ney Smith (MI) Zimmer day, July 18, I was in my district and The SPEAKER pro tempore. The Norwood Smith (NJ) had townhall meetings originally question is on the motion to recommit. scheduled, and missed rollcall votes 500 NAYS—181 The motion to recommit was re- through 516. These events were planned jected. Abercrombie Hall (OH) Ortiz prior to the change in the calendar. I Ackerman Hamilton Owens The question is on the passage of the Baesler Hancock Pallone missed these votes. I would like to put bill. Baldacci Harman Pastor in the RECORD my intentions for voting Pursuant to clause 7 of rule XV, the Barrett (WI) Hastings (FL) Payne (NJ) and also my votes, as follows: Becerra Hayes yeas and nays are ordered. Payne (VA) Beilenson Hayworth Pelosi Intended votes of Gene Green—104th Congress The vote was taken by electronic de- Bentsen Hefley Peterson (FL) Rollcall Vote Bereuter Hefner vice, and there were—yeas 244, nays Peterson (MN) 500 ...... Yes Berman Hilliard Petri 181, not voting 9, as follows: Bonior Hinchey 501 ...... No Pickett Borski Hostettler 502 ...... No [Roll No. 523] Pomeroy Browder Hoyer 503 ...... No Poshard YEAS—244 Brown (CA) Jackson-Lee Rahall 504 ...... No Allard Clinger Ganske Brown (FL) Jacobs Rangel 505 ...... Yes Andrews Coble Gekas Brown (OH) Jefferson 506 ...... Yes Archer Coburn Geren Bryant (TX) Johnson (SD) Rivers Armey Collins (GA) Gilchrest Cardin Johnson, E. B. Roemer 507 ...... Yes Bachus Combest Gillmor Clay Johnston Rose 508 ...... Yes Baker (CA) Cox Gilman Clayton Kanjorski Roybal-Allard 509 ...... Yes Baker (LA) Cramer Goodlatte Clement Kaptur Rush 510 ...... No Ballenger Crapo Goodling Clyburn Kennedy (MA) Sabo 511 ...... Yes Barcia Cremeans Gordon Coleman Kennelly Salmon 512 ...... No Barr Cubin Goss Collins (IL) Kildee Sanders 513 ...... Yes Barrett (NE) Cunningham Graham Condit Kleczka Sawyer 514 ...... No Bartlett Davis Greenwood Conyers Klink Scarborough Barton Deal Gunderson Cooley LaFalce Schroeder 515 ...... No Bass DeLay Gutknecht Costello Lantos Schumer 516 ...... No Bateman Diaz-Balart Hall (TX) Coyne Leach Scott f Bevill Dickey Hansen Danner Levin Sensenbrenner Bilbray Dicks Hastert de la Garza Lewis (GA) Serrano PROVIDING FOR THE CONSIDER- Bilirakis Dooley Hastings (WA) DeFazio Lofgren Skaggs Bishop Doolittle Heineman DeLauro Lowey Skelton ATION OF H.R. 1976, AGRI- Bliley Dornan Herger Dellums Luther Slaughter CULTURE, RURAL DEVELOP- Blute Doyle Hilleary Deutsch Maloney Stark MENT, FOOD AND DRUG ADMIN- Boehlert Dreier Hobson Dingell Manton Stockman ISTRATION, AND RELATED Boehner Duncan Hoekstra Dixon Manzullo Stokes Bonilla Dunn Hoke Doggett Markey Studds AGENCIES APPROPRIATIONS Bono Edwards Holden Durbin Martinez Stupak ACT, 1996 Boucher Ehlers Horn Engel Matsui Tanner Brewster Ehrlich Houghton Eshoo McCarthy The SPEAKER pro tempore (Mr. Tauzin Brownback Emerson Hunter Evans McDermott Taylor (MS) HEFLEY). The unfinished business is the Bryant (TN) English Hutchinson Farr McHale Bunn Ensign Hyde Fattah McKinney Tejeda vote on ordering the previous question Bunning Everett Inglis Fazio Meehan Thompson on House Resolution 188 on which the Burr Ewing Istook Fields (LA) Meek Thurman yeas and nays are ordered. Tiahrt Burton Fawell Johnson (CT) Filner Menendez The Clerk read the title of the resolu- Buyer Fields (TX) Johnson, Sam Flake Mfume Torres Callahan Flanagan Jones Foglietta Miller (CA) Torricelli tion. Calvert Foley Kasich Ford Mineta Towns The CHAIRMAN. The question is on Camp Forbes Kelly Frank (MA) Minge Tucker ordering the previous question. Canady Fowler Kim Frost Mink Velazquez Castle Fox King Furse Mollohan Vento The Chair will reduce to 5 minutes Chabot Franks (CT) Kingston Gejdenson Moran Visclosky the time for a recorded vote, if ordered, Chambliss Franks (NJ) Klug Gephardt Nadler Volkmer on the question of passage. Chapman Frelinghuysen Knollenberg Gibbons Neal Ward The vote was taken by electronic de- Chenoweth Frisa Kolbe Gonzalez Oberstar Waters Christensen Funderburk LaHood Green Obey Watt (NC) vice, and there were—yeas 242, nays Chrysler Gallegly Largent Gutierrez Olver Waxman 185, not voting 7, as follows: H 7136 CONGRESSIONAL RECORD — HOUSE July 18, 1995 [Roll No. 524] Dingell Kleczka Poshard agencies, for the fiscal year ending Dixon Klink Rahall September 30, 1996, and for other pur- YEAS—242 Doggett LaFalce Rangel Allard Gallegly Neumann Dooley Lantos Reed poses, with Mr. DREIER in the chair. Archer Ganske Ney Doyle Levin Richardson The Clerk read the title of the bill. Armey Gekas Norwood Durbin Lewis (GA) Rivers The CHAIRMAN. When the Commit- Bachus Gilchrest Nussle Edwards Lincoln Roemer tee of the Whole rose earlier today, all Baker (CA) Gillmor Oxley Engel Lipinski Rose Baker (LA) Gilman Packard Eshoo Lofgren Roybal-Allard time for general debate had expired. Ballenger Goodlatte Parker Evans Lowey Rush Pursuant to the rule, the bill shall be Barr Goodling Paxon Farr Luther Sabo considered under the 5-minute rule by Fattah Maloney Barrett (NE) Gordon Petri Sanders titles and each title shall be considered Bartlett Goss Pombo Fazio Manton Sawyer Fields (LA) Markey Barton Graham Pomeroy Schroeder read. Filner Martinez Bass Greenwood Porter Schumer During consideration of the bill for Flake Mascara Bateman Gunderson Portman Scott Foglietta Matsui amendment, the Chairman of the Com- Bereuter Gutknecht Pryce Serrano Ford McCarthy mittee of the Whole may accord prior- Bilbray Hall (TX) Quillen Sisisky Frank (MA) McDermott Bilirakis Hancock Quinn Skaggs ity in recognition to a Member who has Frost McHale Bliley Hansen Radanovich Slaughter caused an amendment to be printed in Furse McKinney Blute Hastert Ramstad Gejdenson McNulty Spratt the designated place in the CONGRES- Boehlert Hastings (WA) Regula Gephardt Meehan Stark SIONAL RECORD. Those amendments Boehner Hayworth Riggs Stokes Bonilla Hefley Geren Meek will be considered read. Roberts Gibbons Menendez Studds Bono Heineman Rogers Stupak The Clerk will designate title I. Brownback Herger Gonzalez Mfume Rohrabacher Green Miller (CA) Tanner The text of title I is as follows: Bryant (TN) Hilleary Ros-Lehtinen Taylor (MS) Bunn Hobson Gutierrez Mineta H.R. 2020 Roth Tejeda Bunning Hoekstra Hall (OH) Minge Roukema Thompson Be it enacted by the Senate and House of Rep- Burr Hoke Hamilton Mink Royce Thurman resentatives of the United States of America in Burton Horn Harman Mollohan Salmon Torres Buyer Hostettler Hastings (FL) Moran Congress assembled, That the following sums Sanford Torricelli Callahan Houghton Hayes Murtha are appropriated, out of any money in the Saxton Towns Calvert Hunter Hefner Nadler Treasury not otherwise appropriated, for the Scarborough Tucker Camp Hutchinson Hilliard Neal Treasury Department, the United States Schaefer Velazquez Canady Hyde Hinchey Oberstar Schiff Vento Postal Service, the Executive Office of the Castle Inglis Holden Obey Seastrand Visclosky President, and certain Independent Agencies, Chabot Istook Hoyer Olver Sensenbrenner for the fiscal year ending September 30, 1996, Chambliss Johnson (CT) Jackson-Lee Ortiz Volkmer Shadegg Chenoweth Johnson, Sam Jacobs Orton Ward and for other purposes, namely: Shaw Christensen Jones Jefferson Owens Waters TITLE I—DEPARTMENT OF THE Shays Chrysler Kasich Johnson (SD) Pallone Watt (NC) Shuster TREASURY Clinger Kelly Johnson, E. B. Pastor Williams Skeen Coble Kim Johnston Payne (NJ) Wilson DEPARTMENTAL OFFICES Skelton Coburn King Kanjorski Payne (VA) Wise SALARIES AND EXPENSES Collins (GA) Kingston Smith (MI) Kaptur Pelosi Woolsey Smith (NJ) Kennedy (MA) Peterson (FL) Wyden For necessary expenses of the Depart- Combest Klug mental Offices including operation and Condit Knollenberg Smith (TX) Kennelly Peterson (MN) Wynn Cooley Kolbe Smith (WA) Kildee Pickett Yates maintenance of the Treasury Building and Solomon Annex; hire of passenger motor vehicles; Cox LaHood NOT VOTING—7 Crapo Largent Souder maintenance, repairs, and improvements of, Cremeans Latham Spence Andrews Kennedy (RI) Waxman and purchase of commercial insurance poli- Cubin LaTourette Stearns Collins (MI) Moakley cies for, real properties leased or owned over- Cunningham Laughlin Stenholm Crane Reynolds Stockman seas, when necessary for the performance of Davis Lazio official business; not to exceed $2,900,000 for de la Garza Leach Stump b 1756 official travel expenses; not to exceed Deal Lewis (CA) Talent Mr. DORNAN changed his vote from DeLay Lewis (KY) Tate $2,950,000 to remain available until Septem- Diaz-Balart Lightfoot Tauzin ‘‘nay’’ to ‘‘yea.’’ ber 30, 1998, shall be available for informa- Dickey Linder Taylor (NC) So the previous question was ordered. tion technology modernization require- Doolittle Livingston Thomas The result of the vote was announced ments; not to exceed $150,000 for official re- Thornberry Dornan LoBiondo ception and representation expenses; not to Thornton as above recorded. Dreier Longley exceed $258,000 for unforeseen emergencies of Duncan Lucas Tiahrt The SPEAKER pro tempore (Mr. Dunn Manzullo Torkildsen HEFLEY). The question is on the resolu- a confidential nature, to be allocated and ex- Ehlers Martini Traficant tion. pended under the direction of the Secretary Ehrlich McCollum Upton The resolution was agreed to. of the Treasury and to be accounted for sole- Emerson McCrery Vucanovich ly on his certificate; $104,000,500. English McDade Waldholtz A motion to reconsider was laid on OFFICE OF INSPECTOR GENERAL Ensign McHugh Walker the table. Everett McInnis Walsh f SALARIES AND EXPENSES Ewing McIntosh Wamp For necessary expenses of the Office of In- Fawell McKeon Watts (OK) TREASURY, POSTAL SERVICE, AND spector General in carrying out the provi- Fields (TX) Metcalf Weldon (FL) Flanagan Meyers Weldon (PA) GENERAL GOVERNMENT APPRO- sions of the Inspector General Act of 1978, as Foley Mica Weller PRIATIONS ACT, 1996 amended, hire of passenger motor vehicles; Forbes Miller (FL) White not to exceed $2,000,000 for official travel ex- Fowler Molinari Whitfield The SPEAKER pro tempore (Mr. penses; not to exceed $100,000 for unforeseen Fox Montgomery Wicker HEFLEY). Pursuant to House Resolution emergencies of a confidential nature, to be Franks (CT) Moorhead Wolf 190 and rule XXIII, the Chair declares allocated and expended under the direction Franks (NJ) Morella Young (AK) of the Inspector General of the Treasury; Frelinghuysen Myers Young (FL) the House in the Committee of the Frisa Myrick Zeliff Whole House on the State of the Union $29,319,000. Funderburk Nethercutt Zimmer for the further consideration of the FINANCIAL CRIMES ENFORCEMENT NETWORK bill, H.R. 2020. SALARIES AND EXPENSES NAYS—185 For necessary expenses of the Financial Abercrombie Borski Clyburn b 1757 Ackerman Boucher Coleman Crimes Enforcement Network, including hire Baesler Brewster Collins (IL) IN THE COMMITTEE OF THE WHOLE of passenger motor vehicles; travel expenses Baldacci Browder Conyers Accordingly, the House resolved it- of non-Federal personnel to attend meetings Barcia Brown (CA) Costello self into the Committee of the Whole concerned with financial intelligence activi- Barrett (WI) Brown (FL) Coyne ties, law enforcement, and financial regula- Becerra Brown (OH) Cramer House on the State of the Union for the further consideration of the bill (H.R. tion; not to exceed $14,000 for official recep- Beilenson Bryant (TX) Danner tion and representation expenses; $20,273,000: Bentsen Cardin DeFazio 2020) making appropriations for the Provided, That notwithstanding any other Berman Chapman DeLauro Treasury Department, the U.S. Postal Bevill Clay Dellums provision of law, the Director of the Finan- Bishop Clayton Deutsch Service, the Executive Office of the cial Crimes Enforcement Network may pro- Bonior Clement Dicks President, and certain independent cure up to $500,000 in specialized, unique or July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7137 novel automatic data processing equipment, ACQUISITION, CONSTRUCTION, IMPROVEMENTS, herein shall be available to investigate or ancillary equipment, software, services, and AND RELATED EXPENSES act upon applications for relief from Federal related resources from commercial vendors For expansion of the Federal Law Enforce- firearms disabilities under 18 U.S.C. 925(c): without regard to otherwise applicable pro- ment Training Center, for acquisition of nec- Provided further, That such funds shall be curement laws and regulations and without essary additional real property and facili- available to investigate and act upon appli- full and open competition, utilizing proce- ties, and for ongoing maintenance, facility cations filed by corporations for relief from dures best suited under the circumstances of improvements, and related expenses, Federal firearms disabilities under 18 U.S.C. the procurement to efficiently fulfill the $8,163,000, to remain available until ex- section 925(c). agency’s requirements: Provided further, That pended. funds appropriated in this account may be UNITED STATES CUSTOMS SERVICE FINANCIAL MANAGEMENT SERVICE used to procure personal services contracts. SALARIES AND EXPENSES SALARIES AND EXPENSES FEDERAL LAW ENFORCEMENT TRAINING CENTER For necessary expenses of the Financial For necessary expenses of the United Management Service, $181,837,000, of which SALARIES AND EXPENSES States Customs Service, including purchase not to exceed $14,277,000 shall remain avail- of up to 1,000 motor vehicles of which 960 are For necessary expenses of the Federal Law able until September 30, 1988 for systems for replacement only, including 990 for po- Enforcement Training Center, as a bureau of modernization initiatives. In addition, lice-type use and commercial operations; the Department of the Treasury, including $90,000, to be derived from the Oil Spill Li- hire of motor vehicles; not to exceed $20,000 materials and support costs of Federal law ability Trust Fund, to reimburse the Service enforcement basic training; purchase (not to for official reception and representation ex- for administrative and personnel expenses exceed fifty-two for police-type use) and hire penses; and awards of compensation to in- for financial management of the Fund, as au- of passenger motor vehicles; for expenses for formers, as authorized by any Act enforced thorized by section 1012 of Public Law 101– student athletic and related activities; uni- by the United States Customs Service; 380. forms without regard to the general pur- $1,389,829,000, of which such sums as become chase price limitation for the current fiscal BUREAU OF ALCOHOL, TOBACCO AND FIREARMS available in the Customs User Fee Account, year; the conducting of and participating in SALARIES AND EXPENSES except sums subject to section 13031(f)(3) of firearms matches and presentation of For necessary expenses of the Bureau of the Consolidated Omnibus Reconciliation awards; for public awareness and enhancing Alcohol, Tobacco and Firearms, including Act of 1985, as amended (19 U.S.C. 58c(f)(3)), community support of law enforcement purchase of not to exceed six hundred and shall be derived from that Account; of the training; not to exceed $7,000 for official re- fifty vehicles for police-type use for replace- total, not to exceed $150,000 shall be avail- ception and representation expenses; room ment only and hire of passenger motor vehi- able for payment for rental space in connec- and board for student interns; and services cles; hire of aircraft; and services of expert tion with preclearance operations, and not to as authorized by 5 U.S.C. 3109: Provided, That witnesses at such rates as may be deter- exceed $4,000,000 shall be available until ex- the Center is authorized to accept and use mined by the Director; for payment of per pended for research: Provided, That uniforms gifts of property, both real and personal, and diem and/or subsistence allowances to em- may be purchased without regard to the gen- to accept services, for authorized purposes, ployees where an assignment to the National eral purchase price limitation for the cur- including funding of a gift of intrinsic value Response Team during the investigation of a rent fiscal year: Provided further, That the which shall be awarded annually by the Di- bombing or arson incident requires an em- Commissioner of the Customs Service des- rector of the Center to the outstanding stu- ployee to work 16 hours or more per day or ignate a single individual to be port director dent who graduated from a basic training to remain overnight at his or her post of of all United States Government activities program at the Center during the previous duty; not to exceed $10,000 for official recep- at two ports of entry, one on the southern fiscal year, which shall be funded only by tion and representation expenses; for train- border and one on the northern border. gifts received through the Center’s gift au- ing of State and local law enforcement agen- HARBOR MAINTENANCE FEE COLLECTION thority: Provided further, That notwithstand- cies with or without reimbursement; provi- ing any other provision of law, students at- sion of laboratory assistance to State and For administrative expenses related to the tending training at any Federal Law En- local agencies, with or without reimburse- collection of the Harbor Maintenance Fee, forcement Training Center site shall reside ment; $391,035,000, of which not to exceed pursuant to Public Law 103–182, $3,000,000, to in on-Center or Center-provided housing, in- $1,000,000 shall be available for the payment be derived from the Harbor Maintenance sofar as available and in accordance with of attorneys’ fees as provided by 18 U.S.C. Trust Fund and to be transferred to and Center policy: Provided further, That funds 924(d)(2); and of which $1,000,000 shall be merged with the Customs ‘‘Salaries and Ex- appropriated in this account shall be avail- available for the equipping of any vessel, ve- penses’’ account for such purposes. able for training United States Postal Serv- hicle, equipment, or aircraft available for of- OPERATION AND MAINTENANCE, AIR AND MARINE ice law enforcement personnel and Postal po- ficial use by a State or local law enforce- INTERDICTION PROGRAMS lice officers, at the discretion of the Direc- ment agency if the conveyance will be used tor; State and local government law enforce- in drug-related joint law enforcement oper- For expenses, not otherwise provided for, ment training on a space-available basis; ations with the Bureau of Alcohol, Tobacco necessary for the operation and maintenance training of foreign law enforcement officials and Firearms and for the payment of over- of marine vessels, aircraft, and other related on a space-available basis with reimburse- time salaries, travel, fuel, training, equip- equipment of the Air and Marine Programs, ment of actual costs to this appropriation ment, and other similar costs of State and including operational training and mission- (except that the Director may waive reim- local law enforcement officers that are in- related travel, and rental payments for fa- bursement and may pay travel expenses, not curred in joint operations with the Bureau of cilities occupied by the air or marine inter- to exceed 75 percent of the total training and Alcohol, Tobacco and Firearms: Provided, diction or demand reduction programs, the travel cost, when the Director determines That no funds made available by this or any operations of which include: the interdiction that it is in the public interest to do so); other Act may be used to implement any re- of narcotics and other goods; the provision of training of private sector security officials organization of the Bureau of Alcohol, To- support to Customs and other Federal, State, on a space-available basis with reimburse- bacco and Firearms or transfer of the Bu- and local agencies in the enforcement or ad- ment of actual costs to this appropriation; reau’s functions, missions, or activities to ministration of laws enforced by the Cus- travel expenses of non-Federal personnel to other agencies or Departments in the fiscal toms Service; and, at the discretion of the attend State and local course development year ending on September 30, 1996: Provided Commissioner of Customs, the provision of meetings at the Center: Provided further, further, That no funds appropriated herein assistance to Federal, State, and local agen- That the Center is authorized to obligate shall be available for salaries or administra- cies in other law enforcement and emergency funds in anticipation of reimbursements tive expenses in connection with consolidat- humanitarian efforts; $60,993,000 of which from agencies receiving training at the Fed- ing or centralizing, within the Department $5,644,000 shall remain available until ex- eral Law Enforcement Training Center, ex- of the Treasury, the records, or any portion pended; in addition, $19,733,000 shall be trans- cept that total obligations at the end of the thereof, of acquisition and disposition of ferred from the Customs Air and Marine fiscal year shall not exceed total budgetary firearms maintained by Federal firearms li- Interdiction Programs, Procurement Ac- resources available at the end of the fiscal censees: Provided further, That no funds ap- count to remain available until expended: year: Provided further, That the Center is au- propriated herein shall be used to pay admin- Provided, That no aircraft or other related thorized to obligate funds to provide for site istrative expenses or the compensation of equipment, with the exception of aircraft security and expansion of antiterrorism any officer or employee of the United States which is one of a kind and has been identi- training facilities: Provided further, That the to implement an amendment or amendments fied as excess to Customs requirements, and Federal Law Enforcement Training Center is to 27 CFR 178.118 or to change the definition aircraft which has been damaged beyond re- authorized to provide short term medical of ‘‘Curios or relics’’ in 27 CFR 178.11 or re- pair, shall be transferred to any other Fed- services for students undergoing training at move any item from ATF Publication 5300.11 eral agency, Department, or office outside of the Center; $36,070,000, of which $8,666,000 for as it existed on January 1, 1994 without pub- the Department of the Treasury, during fis- materials and support costs of Federal law lishing prior notice in the Federal Register cal year 1996, without the prior approval of enforcement basic training shall remain and allowing for public comment: Provided the House and Senate Committees on Appro- available until September 30, 1998. further, That none of the funds appropriated priations. H 7138 CONGRESSIONAL RECORD — HOUSE July 18, 1995

CUSTOMS SERVICES AT SMALL AIRPORTS the funds appropriated for tax systems mod- Hardline’’; $2,221,000 to the Financial Crimes (TO BE DERIVED FROM FEES COLLECTED) ernization, $70,000,000 may not be obligated Enforcement Network; $3,100,000 to the Bu- Such sums as may be necessary, not to ex- until the Commissioner of the Internal Reve- reau of Alcohol, Tobacco and Firearms for ceed $1,406,000, for expenses for the provision nue Service reports to the Committees on the development and dissemination of ballis- of Customs services at certain small airports Appropriations of the House and Senate on tic technologies as part of the ‘‘Ceasefire’’ or other facilities when authorized by law the implementation of Tax Systems Mod- program; $10,000,000 to the United States Se- and designated by the Secretary of the ernization. cret Service; and $2,500,000 to the Federal Treasury, including expenditures for the sal- ADMINISTRATIVE PROVISIONS—INTERNAL Law Enforcement Training Center in Glynco, ary and expenses of individuals employed to REVENUE SERVICE Georgia; and provide such services, to be derived from fees SECTION 1. Not to exceed 2 per centum of (b) As authorized by section 32401, collected by the Secretary of the Treasury any appropriation made available to the In- $12,200,000, for disbursement through grants, pursuant to section 236 of Public Law 98–573 ternal Revenue Service for the current fiscal cooperative agreements or contracts, to for each of these airports or other facilities year by this Act may be transferred to any local governments for Gang Resistance Edu- when authorized by law and designated by other Internal Revenue Service appropria- cation and Training: Provided, That notwith- the Secretary of the Treasury, and to remain tion upon the advance approval of the House standing sections 32401 and 310001, such funds available until expended. and Senate Committees on Appropriations: shall be allocated only to the affected State and local law enforcement and prevention or- BUREAU OF THE PUBLIC DEBT Provided, That notwithstanding any other ganizations participating in such projects. ADMINISTERING THE PUBLIC DEBT provision of this Act, the Internal Revenue Service is authorized to transfer such sums GENERAL PROVISIONS—DEPARTMENT OF THE For necessary expenses connected with any as may be necessary between appropriations TREASURY public-debt issues of the United States; with advance approval of the House and Sen- $180,065,000: Provided, That the sum appro- SECTION 101. Any obligation or expenditure ate Appropriations Committees: Provided fur- priated herein from the General Fund for fis- by the Secretary in connection with law en- ther, That no funds shall be transferred from cal year 1996 shall be reduced by not more forcement activities of a Federal agency or a the ‘‘Tax Law Enforcement’’ account during than $600,000 as definitive security issue fees Department of the Treasury law enforcement fiscal year 1996. are collected and not more than $9,465,000 as organization in accordance with 31 U.S.C. SEC. 2. The Internal Revenue Service shall 9703(g)(4)(B) from unobligated balances re- Treasury Direct Investor Account Mainte- institute and maintain a training program to maining in the Fund on September 30, 1996, nance fees are collected, so as to result in a insure that Internal Revenue Service em- shall be made in compliance with the final fiscal year 1996 appropriation from the ployees are trained in taxpayers’ rights, in reprogramming guidelines contained in the General Fund estimated at $170,000,000. dealing courteously with the taxpayers, and House and Senate reports accompanying this INTERNAL REVENUE SERVICE in cross-cultural relations. Act. PROCESSING, ASSISTANCE, AND MANAGEMENT UNITED STATES SECRET SERVICE SEC. 102. Appropriations to the Treasury For necessary expenses of the Internal SALARIES AND EXPENSES Department in this Act shall be available for Revenue Service, not otherwise provided for; For necessary expenses of the United uniforms or allowances therefor, as author- including processing tax returns; revenue ac- States Secret Service, including purchase ized by law (5 U.S.C. 5901), including mainte- counting; providing assistance to taxpayers, (not to exceed 665 vehicles for police-type use nance, repairs, and cleaning; purchase of in- management services, and inspection; in- for replacement only) and hire of passenger surance for official motor vehicles operated cluding purchase (not to exceed 150 for re- motor vehicles; hire of aircraft; training and in foreign countries; purchase of motor vehi- placement only, for police-type use) and hire assistance requested by State and local gov- cles without regard to the general purchase of passenger motor vehicles (31 U.S.C. ernments, which may be provided without price limitation for vehicles purchased and 1343(b)); and services as authorized by 5 reimbursement; services of expert witnesses used overseas for the current fiscal year; en- U.S.C. 3109, at such rates as may be deter- at such rates as may be determined by the tering into contracts with the Department of mined by the Commissioner: $1,682,742,000, of Director; rental of buildings in the District State for the furnishing of health and medi- which $3,700,000 shall be for the Tax Counsel- of Columbia, and fencing, lighting, guard cal services to employees and their depend- ing for the Elderly Program, no amount of booths, and other facilities on private or ents serving in foreign countries; and serv- which shall be available for IRS administra- other property not in Government ownership ices authorized by 5 U.S.C. 3109. tive costs, and of which not to exceed $25,000 or control, as may be necessary to perform SEC. 103. Not to exceed 2 per centum of any shall be for official reception and representa- protective functions; for payment of per appropriations in this Act for the Depart- tion expenses. diem and/or subsistence allowances to em- ment of the Treasury may be transferred be- TAX LAW ENFORCEMENT ployees where a protective assignment dur- tween such appropriations. Notwithstanding For necessary expenses of the Internal ing the actual day or days of the visit of a any authority to transfer funds between ap- Revenue Service for determining and estab- protectee require an employee to work 16 propriations contained in this or any other lishing tax liabilities; tax and enforcement hours per day or to remain overnight at his Act, no transfer may increase or decrease litigation; technical rulings; examining em- or her post of duty; the conducting of and any appropriation in this Act by more than ployee plans and exempt organizations; in- participating in firearms matches; presen- 2 per centum and any such proposed trans- vestigation and enforcement activities; se- tation of awards; and for travel of Secret fers shall be approved in advance by the curing unfiled tax returns; collecting unpaid Service employees on protective missions Committees on Appropriations of the House accounts; statistics of income and compli- without regard to the limitations on such ex- and Senate. ance research; the purchase (for police-type penditures in this or any other Act: Provided, SEC. 104. None of the funds appropriated by use, not to exceed 850), and hire of passenger That approval is obtained in advance from this title shall be used in connection with motor vehicles (31 U.S.C. 1343(b)); and serv- the House and Senate Committees on Appro- the collection of any underpayment of any ices as authorized by 5 U.S.C. 3109, at such priations; for repairs, alterations, and minor tax imposed by the Internal Revenue Code of rates as may be determined by the Commis- construction at the James J. Rowley Secret 1986 unless the conduct of officers and em- sioner $4,254,476,000, of which not to exceed Service Training Center; for research and de- ployees of the Internal Revenue Service in $1,000,000 shall remain available until Sep- velopment; for making grants to conduct be- connection with such collection, including tember 30, 1998 for research: Provided, That havioral research in support of protective re- any private sector employees under contract $13,000,000 shall be used to initiate a program search and operations; not to exceed $12,500 to the Internal Revenue Service, complies to utilize private sector debt collection agen- for official reception and representation ex- with subsection (a) of section 805 (relating to cies in the collection activities of the Inter- penses; not to exceed $50,000 to provide tech- communications in connection with debt col- nal Revenue Service in compliance with sec- nical assistance and equipment to foreign lection), and section 806 (relating to harass- tion 104 of this Act. law enforcement organizations in counterfeit ment or abuse), of the Fair Debt Collection INFORMATION SYSTEMS investigations; for payment in advance for Practices Act (15 U.S.C. 1692). For necessary expenses for data processing commercial accommodations as may be nec- SEC. 105. The Internal Revenue Service and telecommunications support for Internal essary to perform protective functions; and shall institute policies and procedures which Revenue Service activities, including: tax for uniforms without regard to the general will safeguard the confidentiality of tax- systems modernization (modernized devel- purchase price limitation for the current fis- payer information. opmental systems), modernized operational cal year; $542,461,000. SEC. 106. The funds provided to the Bureau systems, services and compliance, and sup- VIOLENT CRIME REDUCTION PROGRAMS of Alcohol, Tobacco and Firearms for fiscal port systems; and for the hire of passenger For activities authorized by Public Law year 1996 in this Act for the enforcement of motor vehicles (31 U.S.C. 1343(b)); and serv- 103–322, to remain available until expended, the Federal Alcohol Administration Act ices as authorized by 5 U.S.C. 3109, at such which shall be derived from the Violent shall be expended in a manner so as not to rates as may be determined by the Commis- Crime Reduction Trust Fund, as follows: diminish enforcement efforts with respect to sioner; $1,575,216,000, of which up to (a) As authorized by section 190001(e), section 105 of the Federal Alcohol Adminis- $185,000,000 for tax and information systems $51,686,000, of which: $33,865,000 shall be avail- tration Act. development projects shall remain available able to the United States Customs Service This title may be cited as the ‘‘Treasury until September 30, 1998: Provided, That of for expenses associated with ‘‘Operation Department Appropriations Act, 1996’’. July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7139 b 1800 The CHAIRMAN. The question is on EXECUTIVE RESIDENCE AT THE WHITE HOUSE The CHAIRMAN (Mr. DREIER). Are the amendment offered by the gentle- OPERATING EXPENSES there any amendments to title I? woman from New York [Mrs. KELLY]. For the care, maintenance, repair and al- teration, refurnishing, improvement, heating AMENDMENT OFFERED BY MRS. KELLY The amendment was agreed to. The CHAIRMAN. Are there further and lighting, including electric power and Mrs. KELLY. Mr. Chairman, I offer fixtures, of the Executive Residence at the an amendment. amendments to title I? If not, the Clerk will designate title White House and official entertainment ex- The Clerk read as follows: penses of the President; $7,522,000, to be ex- II. Amendment offered by Mrs. KELLY: Page 9, pended and accounted for as provided by 3 line 20, strike ‘‘$1,389,829,000’’ and insert The text of title II is as follows: U.S.C. 105, 109–110, 112–114. ‘‘$1,392,429,000’’. TITLE II—POSTAL SERVICE OFFICIAL RESIDENCE OF THE VICE PRESIDENT Page 14, line 10, strike ‘‘$1,575,216,000’’ and PAYMENTS TO THE POSTAL SERVICE OPERATING EXPENSES insert ‘‘$1,571,616,000’’. PAYMENT TO THE POSTAL SERVICE FUND For the care, operation, refurnishing, im- Mrs. KELLY. Mr. Chairman, this For payment to the Postal Service Fund provement, heating and lighting, including amendment is very simple and for revenue forgone on free and reduced rate electric power and fixtures, of the official straightforward. It reduces the appro- mail, pursuant to subsections (c) and (d) of residence of the Vice President, the hire of priated amount for Internal Revenue section 2401 of title 39, United States Code; passenger motor vehicles, and not to exceed Service by $3.6 million and transfers $85,080,000: Provided, That mail for overseas $90,000 for official entertainment expenses of this amount to the salaries and ex- voting and mail for the blind shall continue the Vice President, to be accounted for sole- penses account for the Customs Serv- to be free: Provided further, That six-day de- ly on his certificate; $324,000: Provided, That ice. livery and rural delivery of mail shall con- advances or repayments or transfers from this appropriation may be made to any de- Passage of my amendment will mean tinue at not less than the 1983 level: Provided further, That none of the funds made avail- partment or agency for expenses of carrying that the total appropriation for the able to the Postal Service by this Act shall out such activities. IRS will be equal with that of the 1995 be used to implement any rule, regulation, SPECIAL ASSISTANCE TO THE PRESIDENT level, while assisting the Customs or policy of charging any officer or employee SALARIES AND EXPENSES Service with the important work that of any State or local child support enforce- For necessary expenses to enable the Vice ment agency, or any individual participating it does on a daily basis. President to provide assistance to the Presi- in a State or local program of child support Mr. Chairman, my amendment is dent in connection with specially assigned enforcement, a fee for information requested simple but it sends a strong and direct functions, services as authorized by 5 U.S.C. or provided concerning an address of a postal message to the American people. We 3109 and 3 U.S.C. 106, including subsistence customer: Provided further, That none of the are all making tough discussions expenses as authorized by 3 U.S.C. 106, which funds provided in this Act shall be used to shall be expended and accounted for as pro- across the board to reduce spending consolidate or close small rural and other vided in that section; and hire of passenger and live within our means and I see no small post offices in the fiscal year ending motor vehicles; $3,175,000. reason why we should not expect the on September 30, 1996. OFFICE OF POLICY DEVELOPMENT IRS to do the same. PAYMENT TO THE POSTAL SERVICE FUND FOR SALARIES AND EXPENSES These moneys can be better spent by NONFUNDED LIABILITIES the Customs Service, and I urge my For payment to the Postal Service Fund For necessary expenses of the Office of Pol- colleagues to support this proposal. for meeting the liabilities of the former Post icy Development, including services as au- Mr. FRISA. Mr. Chairman, will the Office Department to the Employees’ Com- thorized by 5 U.S.C. 3109, and 3 U.S.C. 107; gentlewoman yield? pensation Fund pursuant to 39 U.S.C. 2004, $3,867,000. Mrs. KELLY. I yield to the gen- $36,828,000. NATIONAL SECURITY COUNCIL tleman from New York. This title may be cited as the ‘‘Postal SALARIES AND EXPENSES Mr. FRISA. Mr. Chairman, I rise in Service Appropriations Act, 1996’’. For necessary expenses of the National Se- support of the Kelly-Frisa amendment The CHAIRMAN. Are there amend- curity Council, including services as author- to equalize funding for the Internal ments to title II? ized by 5 U.S.C. 3109; $6,459,000. Revenue Service to the same amount If not, the Clerk will designate title OFFICE OF ADMINISTRATION appropriated under the 1995 fiscal year. III. SALARIES AND EXPENSES At a time when we are asking other The text of title III is as follows: For necessary expenses of the Office of Ad- agencies and programs to be more effi- TITLE III—EXECUTIVE OFFICE OF THE ministration; $25,736,000, including services cient, to use dollars more wisely, in PRESIDENT AND FUNDS APPRO- as authorized by 5 U.S.C. 3109 and 3 U.S.C. some cases do with less but still main- PRIATED TO THE PRESIDENT 107, and hire of passenger motor vehicles. OFFICE OF MANAGEMENT AND BUDGET tain the same level of services, and in COMPENSATION OF THE PRESIDENT other cases where we are appropriating For compensation of the President, includ- SALARIES AND EXPENSES smaller increases for programs to still ing an expense allowance at the rate of For necessary expenses of the Office of be able to balance our budget, I think $50,000 per annum as authorized by 3 U.S.C. Management and Budget, including hire of it is essential that we provide no more 102; $250,000: Provided, That none of the funds passenger motor vehicles, services as author- funding for the Internal Revenue Serv- made available for official expenses shall be ized by 5 U.S.C. 3109; $55,426,000, of which no expended for any other purpose and any un- more than $6,631,000 shall be available for the ice for the 1996 fiscal year than we have Office of National Security and Inter- for the past year. used amount shall revert to the Treasury pursuant to section 1552 of title 31 of the national Affairs, no more than $6,699,000 Mr. Chairman, I urge all of my col- United States Code: Provided further, That shall be available for the Office of General leagues to support this amendment. none of the funds made available for official Government and Finance, no more than Mr. LIGHTFOOT. Mr. Chairman, I expenses shall be considered as taxable to $7,368,000 shall be available for the Office of move to strike the last word. the President. Natural Resources, Energy and Science, no more than $4,085,000 shall be available for the Mr. Chairman, I have had an oppor- THE WHITE HOUSE OFFICE Office of Health and Personnel, no more than tunity to review the amendment pro- SALARIES AND EXPENSES posed by the gentlewoman from New $3,867,000 shall be available for the Office of For necessary expenses for the White Human Resources, no more than $2,325,000 York [Mrs. KELLY]. I simply want to House as authorized by law, including not to shall be available for the Office of Federal state that we have no objection to the exceed $3,850,000 for services as authorized by Financial Management, no more than amendment and urge its adoption. 5 U.S.C. 3109 and 3 U.S.C. 105; including sub- $5,198,000 shall be available for the Office of Mr. HOYER. Mr. Chairman, I move to sistence expenses as authorized by 3 U.S.C. Information and Regulatory Affairs, no more strike the requisite number of words. 105, which shall be expended and accounted than $2,407,000 shall be available for the Of- Mr. Chairman, I have had the oppor- for as provided in that section; hire of pas- fice of Federal Procurement Policy, no more tunity to discuss this matter with the senger motor vehicles, newspapers, periodi- than $16,912,000 shall be available for the Of- gentleman from Iowa [Mr. LIGHTFOOT]. cals, teletype news service, and travel (not fice of the Director, the Office of the Deputy It is my own view that neither IRS nor to exceed $100,000 to be expended and ac- Director, the Office of the Deputy Director counted for as provided by 3 U.S.C. 103); not for Management, the Office of Communica- Customs have sufficient funds, but I to exceed $19,000 for official entertainment tions, the Office of the General Counsel, the understand the thrust of the amend- expenses, to be available for allocation with- Office of Legislative Affairs, the Office of ment and we will not oppose it on this in the Executive Office of the President; Economic Policy, the Office of Administra- side. $39,459,000. tion, the Legislative Reference Division, and H 7140 CONGRESSIONAL RECORD — HOUSE July 18, 1995

the Budget Review Division, of which not to This title may be cited as the ‘‘Executive FEDERAL LABOR RELATIONS AUTHORITY exceed $5,000,000 shall be available to carry Office Appropriations Act, 1996’’. SALARIES AND EXPENSES out the provisions of 44 U.S.C. chapter 35: The CHAIRMAN. Are there amend- For necessary expenses to carry out func- Provided, That, as provided in 31 U.S.C. ments to title III? tions of the Federal Labor Relations Author- 1301(a), appropriations shall be applied only ity, pursuant to Reorganization Plan Num- to the objects for which appropriations were Mr. HOYER. Mr. Chairman, I move to bered 2 of 1978, and the Civil Service Reform made except as otherwise provided by law: strike the last word. Act of 1978, including services as authorized Provided further, That none of the funds ap- Mr. Chairman, I will be brief. In this by 5 U.S.C. 3109, including hire of experts and propriated in this Act for the Office of Man- title, unfortunately, as I mentioned in consultants, hire of passenger motor vehi- agement and Budget may be used for the my opening statement, we find a num- cles, rental of conference rooms in the Dis- purpose of reviewing any agricultural mar- ber of cuts that I think are inappropri- trict of Columbia and elsewhere; $19,742,000: keting orders or any activities or regulations ate. Provided, That public members of the Fed- under the provisions of the Agricultural Mr. Chairman, I am not, frankly, eral Service Impasses Panel may be paid Marketing Agreement Act of 1937 (7 U.S.C. travel expenses and per diem in lieu of sub- 601 et seq.): Provided further, That none of the going to offer any amendments. Some sistence as authorized by law (5 U.S.C. 5703) funds made available for the Office of Man- are not in order and I understand that for persons employed intermittently in the agement and Budget by this Act may be ex- and I have discussed with the gen- Government service, and compensation as pended for the altering of the transcript of tleman from Iowa [Mr. LIGHTFOOT], my authorized by 5 U.S.C. 3109: Provided further, actual testimony of witnesses, except for tes- friend the gentleman’s perception that That notwithstanding 31 U.S.C. 3302, funds timony of officials of the Office of Manage- a couple of these are not in order. received from fees charged to non-Federal ment and Budget, before the Committee on For instance, asking to reinstate the participants at labor-management relations Appropriations or the Committee on Veter- funding for the Council of Economic conferences shall be credited to and merged ans’ Affairs or their subcommittees: Provided with this account, to be available without further, That this proviso shall not apply to Advisors, the White House residents, further appropriation for the costs of carry- printed hearings released by the Committee the special assistants to the President, ing out these conferences. on Appropriations or the Committee on Vet- the National Security Council, the Of- erans’ Affairs. fice of Administration and the Office of GENERAL SERVICES ADMINISTRATION OFFICE OF NATIONAL DRUG CONTROL POLICY Management and Budget, all of which FEDERAL BUILDINGS FUND SALARIES AND EXPENSES have been cut. LIMITATIONS ON AVAILABILITY OF REVENUE For necessary expenses of the Office of Na- Mr. Chairman, I simply rise to ex- The revenues and collections deposited tional Drug Control Policy; for research ac- press opposition to some of these cuts; into the Fund established pursuant to sec- tivities pursuant to title I of Public Law 100– not all. The OMB, obviously, is subject tion 210(f) of the Federal Property and Ad- 690; not to exceed $8,000 for official reception to scrutiny review and to such budget ministrative Services Act of 1949, as amend- and representation expenses; for participa- action as we deem appropriate. But in ed (40 U.S.C. 490(f)), shall be available for necessary expenses of real property manage- tion in joint projects or in the provision of terms of the internal agencies of the services on matters of mutual interest with ment and related activities not otherwise nonprofit, research, or public organizations White House itself, that is the Presi- provided for, including operation, mainte- or agencies, with or without reimbursement; dent’s personal staff to accomplish his nance, and protection of Federally owned $20,062,000, of which $10,200,000, to remain objectives as President, not as leader of and leased buildings; rental of buildings in available until expended, shall be available the executive department but as Presi- the District of Columbia; restoration of to the Counter-Drug Technology Assessment dent and chief policymaker of the land. leased premises; moving governmental agen- Center for counternarcotics research and de- The fact of the matter is, Mr. Chair- cies (including space adjustments and tele- velopment projects and shall be available for man, I said earlier, in times past we did communications relocation expenses) in con- nection with the assignment, allocation and transfer to other Federal departments or not cut those sums under President agencies, and of which $600,000 shall be trans- transfer of space; contractual services inci- ferred to the Drug Enforcement Administra- Reagan and President Bush. There dent to cleaning or servicing buildings, and tion for the El Paso Intelligence Center: Pro- were some exceptions to that state- moving; repair and alteration of federally vided, That the Office is authorized to ac- ment that I have just made, but it owned buildings including grounds, ap- cept, hold, administer, and utilize gifts, both proved the rule. proaches and appurtenances; care and safe- real and personal, for the purpose of aiding I regret that we had these cuts, con- guarding of sites; maintenance, preservation, or facilitating the work of the Office. trary to my chairman, I believe some demolition, and equipment; acquisition of UNANTICIPATED NEEDS of them are pretty significant, but we buildings and sites by purchase, condemna- For expenses necessary to enable the Presi- will not be offering amendments at this tion, or as otherwise authorized by law; ac- quisition of options to purchase buildings dent to meet unanticipated needs, in further- time and I will hope that we can re- ance of the national interest, security, or de- and sites; conversion and extension of Feder- store these in conference. ally owned buildings; preliminary planning fense which may arise at home or abroad The CHAIRMAN. Are there any during the current fiscal year; $1,000,000. and design of projects by contract or other- amendments to title III? wise; construction of new buildings (includ- FEDERAL DRUG CONTROL PROGRAMS If not, the Clerk will designate title ing equipment for such buildings); and pay- HIGH INTENSITY DRUG TRAFFICKING AREAS IV. ment of principal, interest, taxes, and any PROGRAM The text of title IV is as follows: other obligations for public buildings ac- (INCLUDING TRANSFER OF FUNDS) quired by installment purchase and purchase TITLE IV—INDEPENDENT AGENCIES For necessary expenses of the Office of Na- contract, in the aggregate amount of tional Drug Control Policy’s High Intensity COMMITTEE FOR PURCHASE FROM PEOPLE WHO $5,066,822,000, of which (1) not to exceed Drug Trafficking Areas Program, $104,000,000 ARE BLIND OR SEVERELY DISABLED $367,777,000 shall remain available until ex- for drug control activities consistent with SALARIES AND EXPENSES pended for construction of additional the approved strategy for each of the des- For necessary expenses of the Committee projects at locations and at maximum con- ignated High Intensity Drug Trafficking for Purchase From People Who Are Blind or struction improvement costs (including Areas, of which no less than $52,000,000 shall Severely Disabled established by the Act of funds for sites and expenses and associated be transferred to State and local entities for June 23, 1971, Public Law 92–28; $1,682,000. design and construction services) as follows: drug control activities; and of which up to New Construction: FEDERAL ELECTION COMMISSION $52,000,000 may be transferred to Federal Colorado: agencies and departments at a rate to be de- SALARIES AND EXPENSES Lakewood, Denver Federal Center, U.S. Ge- termined by the Director; and of which up to For necessary expenses to carry out the ological Survey Lab Building, $10,321,000 $3,000,000 may be available to the Director provisions of the Federal Election Campaign Florida: for transfer to Federal agencies, or State and Act of 1971, as amended; $26,521,000, of which Tallahassee, U.S. Courthouse Annex, local entities, or non-profit organizations to no less than $1,500,000 shall be available for $9,606,000 support special demonstration projects that internal automated data processing systems, Georgia: provide systematic programming to reduce of which not to exceed $5,000 shall be avail- Savannah, U.S. Courthouse Annex, drug use and trafficking in designated tar- able for reception and representation ex- $1,039,000 geted areas: Provided, That the funds made penses: Provided, That none of the funds ap- Louisiana: available under this head shall be obligated propriated for automated data processing Lafayette, Federal Building and U.S. within 90 days of the date of enactment of systems may be obligated until the Chair- Courthouse, $11,826,000 this Act, except those funds made available man of the Federal Election Commission Maryland: to the Director to support special dem- provides to the House Committee on Appro- Montgomery and Prince George’s Counties, onstration projects which shall be obligated priations a systems requirements analysis on Food and Drug Administration, Phase II, by June 1, 1996. the development of such a system. $65,764,000 July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7141 Nebraska: Sacramento, Federal Building (2800 Cot- ings Act of 1959, as amended, has not been Omaha, Federal Building and U.S. Court- tage Way), $13,636,000 approved, except that necessary funds may house, $21,370,000 Colorado: be expended for each project for required ex- Nevada: Lakewood, Denver Federal Center Building penses in connection with the development Las Vegas, U.S. Courthouse, $38,404,000 25, $29,351,000 of a proposed prospectus: Provided further, New Mexico: District of Columbia: That the General Services Administration Albuquerque, Federal Building and U.S. Heating Plant Stacks, $11,141,000 shall establish a ‘‘Federal Triangle Office’’ Courthouse, $2,450,000 Lafayette Building, $33,157,000 reporting directly to the Commissioner of New York: ICC/Connecting Wing Complex/Customs the Public Buildings Service for the purpose Brooklyn, U.S. Courthouse, $49,040,000 (phase 2/3), $58,275,000 of completing the design and construction of Central Islip, Federal Building and U.S. Treasury Department Building, Repair and the Federal Triangle Building: Provided fur- Courthouse, $75,641,000 Alteration, $7,194,000 ther, That the Federal Triangle Office shall North Dakota: White House, Roof Repair and Restoration, continue to utilize the procurement and op- Pembina, Border Station, $4,445,000 $2,220,000 erating procedures established for the Ohio: Illinois: project pursuant to the Federal Triangle De- Youngstown, U.S. Courthouse, $6,974,000 Chicago, Federal Center, $45,971,000 velopment Act (40 U.S.C. 1104), and to imple- Pennsylvania: Maryland: ment and enforce the Development Agree- Scranton, Federal Building and U.S. Court- Woodlawn, SSA East High-Low Buildings, ment and other contracts and agreements house Annex, $9,638,000 $17,422,000 developed for the project: Provided further, South Carolina: New York: That the Administrator is authorized to Columbia, U.S. Courthouse Annex, New York, Silvio V. Mollo Federal Build- enter into and perform such leases, con- $1,425,000 ing, $4,182,000 tracts, or other transactions with any agen- Texas: North Dakota: cy or instrumentality of the United States, Austin, Veterans Affairs Annex, $3,176,000 Bismarck, Federal Building, Post Office the several States or the District of Colum- Brownsville, Federal Building and U.S. and U.S. Courthouse, $7,119,000 bia, or with any person, firm, association, or Courthouse, $10,981,000 Pennsylvania: corporation as may be necessary to imple- Washington: Philadelphia, SSA Building, Mid-Atlantic ment the Federal Triangle Project: Provided Blaine, U.S. Border Station, $6,168,000 Program Service Center, $11,376,000 further, That for the purposes of this author- Point Roberts, U.S. Border Station, Puerto Rico: ization, buildings constructed pursuant to $1,406,000 Old San Juan, Post Office and U.S. Court- the purchase contract authority of the Pub- West Virginia: house, $25,701,000 lic Buildings Amendments of 1972 (40 U.S.C. Martinsburg, Internal Revenue Service Texas: 602a), buildings occupied pursuant to install- Computer Center, $25,363,000 Dallas, Federal Building (Griffin St.), ment purchase contracts, and buildings Non-Prospectus Projects Program, $5,641,000 under the control of another department or $12,740,000: Washington: agency where alterations of such buildings Provided, That each of the immediately fore- Richland, Federal Building, U.S. Post Of- are required in connection with the moving going limits of costs on new construction fice and Courthouse, $12,724,000 of such other department or agency from projects may be exceeded to the extent that Nationwide: buildings then, or thereafter to be, under the savings are effected in other such projects, Chlorofluorocarbons Program, $50,430,000 control of the General Services Administra- but not to exceed 10 per centum unless ad- Elevator Program, $13,109,000 tion shall be considered to be federally vanced approval is obtained from the House Energy Program, $25,000,000 owned buildings: Provided further, That funds and Senate Committees on Appropriations of Advance Design, $24,608,000 available in the Federal Buildings Fund may a greater amount: Provided further, That the Basic Repairs and Alterations, $307,278,000: be expended for emergency repairs when ad- $6,000,000 under the heading of non-prospec- Provided further, That additional projects for vance approval is obtained from the Commit- tus construction projects, made available in which prospectuses have been fully approved tees on Appropriations of the House and Sen- Public Laws 102–393 and 103–123 for the acqui- may be funded under this category only if ate: Provided further, That amounts nec- sition, lease, construction and equipping of advance approval is obtained from the Com- essary to provide reimbursable special serv- flexiplace work telecommuting centers, is mittees on Appropriations of the House and ices to other agencies under section 210(f)(6) hereby increased by $5,000,000 from funds Senate: Provided further, That the difference of the Federal Property and Administrative made available in this Act for non-prospec- between the funds appropriated and expended Services Act of 1949, as amended (40 U.S.C. tus construction projects, all of which shall on any projects in this or any prior Act, 490(f)(6)) and amounts to provide such reim- remain available until expended: Provided under the heading ‘‘Repairs and Alter- bursable fencing, lighting, guard booths, and further, That of the $5,000,000 made available ations’’, may be transferred to Basic Repairs other facilities on private or other property by this Act, half shall be used for and Alterations or used to fund authorized not in Government ownership or control as telecommuting centers in the State of Vir- increases in prospectus projects: Provided may be appropriate to enable the United ginia and half shall be used for further, That all funds for repairs and alter- States Secret Service to perform its protec- telecommuting centers in the State of Mary- ations prospectus projects shall expire on tive functions pursuant to 18 U.S.C. 3056, as land: Provided further, That all funds for di- September 30, 1997, and remain in the Fed- amended, shall be available from such reve- rect construction projects shall expire on eral Buildings Fund except funds for projects nues and collections: Provided further, That September 30, 1997, and remain in the Fed- as to which funds for design or other funds revenues and collections and any other sums eral Buildings Fund except funds for projects have been obligated in whole or in part prior accruing to this Fund during fiscal year 1996, as to which funds for design or other funds to such date: Provided further, That of the excluding reimbursements under section have been obligated in whole or in part prior funds provided for Advanced Design, $100,000 210(f)(6) of the Federal Property and Admin- to such date: Provided further, That claims shall be made available for architectural de- istrative Services Act of 1949 (40 U.S.C. against the Government of less than $250,000 sign studies for renovation of the National 490(f)(6)) in excess of $5,066,822,000 shall re- arising from direct construction projects, ac- Veterinary Services Laboratory and a main in the Fund and shall not be available quisitions of buildings and purchase contract biocontainment facility at the National Ani- for expenditure except as authorized in ap- projects pursuant to Public Law 92–313, be mal Disease Center, Ames, Iowa: Provided propriations Acts. further, That the amount provided in this or liquidated with prior notification to the POLICY AND OVERSIGHT Committees on Appropriations of the House any prior Act for Basic Repairs and Alter- ations may be used to pay claims against the For necessary expenses, not otherwise pro- and Senate to the extent savings are effected vided, for government-wide policy and over- in other such projects; (2) not to exceed Government arising from any projects under the heading ‘‘Repairs and Alterations’’ or sight activities associated with asset man- $713,086,000 shall remain available until ex- agement, property management, supply pended, for repairs and alterations which in- used to fund authorized increases in prospec- tus projects; (3) not to exceed $181,963,000 for management, travel and transportation, cludes associated design and construction telecommunications and information tech- services: Provided further, That funds in the installment acquisition payments including payments on purchase contracts which shall nology; to fund the Board of Contract Ap- Federal Buildings Fund for Repairs and Al- peals; services authorized by 5 U.S.C. 3109; terations shall, for prospectus projects, be remain available until expended; (4) not to exceed $2,341,100,000 for rental of space which and not to exceed $5,000 for official reception limited to the amount by project as follows, and representation expenses; $62,499,000. except each project may be increased by an shall remain available until expended; and amount not to exceed 10 per centum unless (5) not to exceed $1,389,463,000 for building op- OPERATING EXPENSES advance approval is obtained from the Com- erations which shall remain available until For expenses authorized by law, not other- mittees on Appropriations of the House and expended: Provided further, That funds avail- wise provided for, necessary for utilization of Senate of a greater amount: able to the General Services Administration excess and surplus personal property; trans- Repairs and Alterations: shall not be available for expenses in connec- portation; procurement; supply; and infor- Arkansas: tion with any construction, repair, alter- mation technology activities; the utilization Little Rock, Federal Building, $7,551,000 ation, and acquisition project for which a survey, deed compliance inspection, ap- California: prospectus, if required by the Public Build- praisal, environmental and cultural analysis, H 7142 CONGRESSIONAL RECORD — HOUSE July 18, 1995 and land use planning functions pertaining ings Fund Limitations on Availability of applicable funds of the Office of Personnel to excess and surplus real property; account- Revenue’’ in Public Law 103–329 (108 Stat. Management and the Federal Bureau of In- ing, records management, and other support 2400), is hereby repealed. vestigation for expenses incurred under Ex- services incident to adjudication of Indian SEC. 7. Not to exceed 5 percent of funds ecutive Order 10422 of January 9, 1953, as Tribal Claims by the United States Court of made available under the heading ‘‘Operat- amended; $85,524,000 and in addition Federal Claims; services as authorized by 5 ing Expenses’’ and ‘‘Office of Policy and $102,536,000 for administrative expenses, to be U.S.C. 3109; $49,130,000. Oversight’’ may be transferred between such transferred from the appropriate trust funds OFFICE OF INSPECTOR GENERAL appropriations upon the advance approval of of the Office of Personnel Management with- the House and Senate Committees on Appro- out regard to other statutes, including direct For necessary expenses of the Office of In- priations. procurement of health benefits printing, for spector General and services authorized by 5 the retirement and insurance programs, of U.S.C. 3109, $32,549,000: Provided, That not to JOHN F. KENNEDY ASSASSINATION RECORDS REVIEW BOARD which $11,300,000 shall be transferred at such exceed $5,000 shall be available for payment times as the Office of Personnel Management for information and detection of fraud For necessary expenses to carry out the deems appropriate, and shall remain avail- against the Government, including payment John F. Kennedy Assassination Records Col- able until expended for the costs of automat- for recovery of stolen Government property: lection Act of 1992, $2,150,000. ing the retirement recordkeeping systems, Provided further, That not to exceed $2,500 MERIT SYSTEMS PROTECTION BOARD together with remaining amounts authorized shall be available for awards to employees of SALARIES AND EXPENSES in previous Acts for the recordkeeping sys- other Federal agencies and private citizens (INCLUDING TRANSFER OF FUNDS) tems: Provided, That the provisions of this in recognition of efforts and initiatives re- appropriation shall not affect the authority sulting in enhanced Office of Inspector Gen- For necessary expenses to carry out func- to use applicable trust funds as provided by eral effectiveness. tions of the Merit Systems Protection Board section 8348(a)(1)(B) of title 5, United States pursuant to Reorganization Plan Numbered 2 ALLOWANCES AND OFFICE STAFF FOR FORMER Code: Provided further, That, except as may of 1978 and the Civil Service Reform Act of PRESIDENTS be consistent with 5 U.S.C. 8902a(f)(1) and (i), 1978, including services as authorized by 5 For carrying out the provisions of the Act no payment may be made from the Employ- U.S.C. 3109, rental of conference rooms in the ees Health Benefits Fund to any physician, of August 25, 1958, as amended (3 U.S.C. 102 District of Columbia and elsewhere, hire of note), and Public Law 95–138; $2,181,000: Pro- hospital, or other provider of health care passenger motor vehicles, and direct pro- services or supplies who is, at the time such vided, That the Administrator of General curement of survey printing, $21,129,000, to- Services shall transfer to the Secretary of services or supplies are provided to an indi- gether with not to exceed $2,430,000 for ad- vidual covered under chapter 89 of title 5, the Treasury such sums as may be necessary ministrative expenses to adjudicate retire- to carry out the provisions of such Acts. United States Code, excluded, pursuant to ment appeals to be transferred from the Civil section 1128 or 1128A of the Social Security GENERAL PROVISIONS—GENERAL SERVICES Service Retirement and Disability Fund in Act (42 U.S.C. 1320a–7–1320a–7a), from partici- ADMINISTRATION amounts determined by the Merit Systems pation in any program under title XVIII of SECTION 1. The appropriate appropriation Protection Board. the Social Security Act (42 U.S.C. 1395 et or fund available to the General Services Ad- NATIONAL ARCHIVES AND RECORDS seq.): Provided further, That no part of this ministration shall be credited with the cost ADMINISTRATION appropriation shall be available for salaries of operation, protection, maintenance, up- OPERATING EXPENSES and expenses of the Legal Examining Unit of keep, repair, and improvement, included as the Office of Personnel Management estab- For necessary expenses in connection with part of rentals received from Government lished pursuant to Executive Order 9358 of the administration of the National Archives corporations pursuant to law (40 U.S.C. 129). July 1, 1943, or any successor unit of like and records and related activities, as pro- SEC. 2. Funds available to the General purpose: Provided further, That the Presi- vided by law, and for expenses necessary for Services Administration shall be available dent’s Commission on White House Fellows, the review and declassification of docu- for the hire of passenger motor vehicles. established by Executive Order 11183 of Octo- ments, and for the hire of passenger motor SEC. 3. Funds in the Federal Buildings ber 3, 1964, may, during the fiscal year end- vehicles, $193,291,000: That the Ar- Fund made available for fiscal year 1996 for Provided, ing September 30, 1996, accept donations of Federal Buildings Fund activities may be chivist of the United States is authorized to money, property, and personal services in transferred between such activities only to use any excess funds available from the connection with the development of a public- the extent necessary to meet program re- amount borrowed for construction of the Na- ity brochure to provide information about quirements. Any proposed transfers shall be tional Archives facility, for expenses nec- the White House Fellows, except that no approved in advance by the Committees on essary to move into the facility. such donations shall be accepted for travel Appropriations of the House and Senate. NATIONAL HISTORICAL PUBLICATIONS AND or reimbursement of travel expenses, or for SEC. 4. No funds made available by this Act RECORDS COMMISSION the salaries of employees of such Commis- shall be used to transmit a fiscal year 1997 GRANTS PROGRAM sion: Provided further, That no funds appro- request for United States Courthouse con- For necessary expenses for allocations and priated herein shall be used to pay adminis- struction that does not meet the standards grants for historical publications and records trative expenses or the compensation of any for construction as established by the Gen- as authorized by 44 U.S.C. 2504, as amended, officer or employee of the United States to eral Services Administration and the Office $4,000,000 to remain available until expended. implement a reduction in force in the Office of Management and Budget and does not re- of Federal Investigations prior to June 30, OFFICE OF GOVERNMENT ETHICS flect the priorities of the Administrative Of- 1996. SALARIES AND EXPENSES fice of the Courts as set out in its approved OFFICE OF INSPECTOR GENERAL five-year construction plan. For necessary expenses to carry out func- SALARIES AND EXPENSES SEC. 5. The Administrator of General Serv- tions of the Office of Government Ethics pur- (INCLUDING TRANSFER OF TRUST FUNDS) ices is authorized to accept and retain in- suant to the Ethics in Government Act of come received by the General Services Ad- 1978, as amended by Public Law 100–598, and For necessary expenses of the Office of In- ministration on or after October 1, 1993, from the Ethics Reform Act of 1989, Public Law spector General in carrying out the provi- Federal agencies and non-Federal sources, to 101–194, including services as authorized by 5 sions of the Inspector General Act, as defray costs directly associated with the U.S.C. 3109, rental of conference rooms in the amended, including services as authorized by functions of flexiplace work telecommuting District of Columbia and elsewhere, hire of 5 U.S.C. 3109, hire of passenger motor vehi- centers. passenger motor vehicles, and not to exceed cles: $4,009,000, and in addition, not to exceed SEC. 6. Of the $11,000,000 made available by $1,500 for official reception and representa- $6,181,000 for administrative expenses to this Act and Public Laws 102–393 and 103–123 tion expenses; $7,776,000. audit the Office of Personnel Management’s retirement and insurance programs, to be for flexiplace work telecommuting centers, OFFICE OF PERSONNEL MANAGEMENT not less than $2,200,000 shall be available for transferred from the appropriate trust funds immediate transfer to the Charles County SALARIES AND EXPENSES of the Office of Personnel Management, as Community College, to provide facilities, (INCLUDING TRANSFER OF TRUST FUNDS) determined by the Inspector General: Pro- equipment, and other services to the General For necessary expenses to carry out func- vided, That the Inspector General is author- Services Administration for the purposes of tions of the Office of Personnel Management ized to rent conference rooms in the District establishing telecommuting work centers in pursuant to Reorganization Plan Numbered 2 of Columbia and elsewhere. Southern Maryland (Charles, Calvert, and of 1978 and the Civil Service Reform Act of GOVERNMENT PAYMENT FOR ANNUITANTS, St. Mary’s County) for use by Government 1978, including services as authorized by 5 EMPLOYEES HEALTH BENEFITS agencies designated by the Administrator of U.S.C. 3109, medical examinations performed For payment of Government contributions General Services: Provided, That the lan- for veterans by private physicians on a fee with respect to retired employees, as author- guage providing authority to pay a public basis, rental of conference rooms in the Dis- ized by chapter 89 of title 5, United States entity in the State of Maryland, not to ex- trict of Columbia and elsewhere, hire of pas- Code, and the Retired Federal Employees ceed $1,300,000 for the purpose of establishing senger motor vehicles, not to exceed $2,500 Health Benefits Act (74 Stat. 849), as amend- telecommuting work centers in Southern for official reception and representation ex- ed, $3,746,337,000 to remain available until ex- Maryland, under the heading ‘‘Federal Build- penses, and advances for reimbursements to pended. July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7143 GOVERNMENT PAYMENT FOR ANNUITANTS, OFFICE OF SPECIAL COUNSEL The CHAIRMAN. Is there objection EMPLOYEE LIFE INSURANCE SALARIES AND EXPENSES to the request of the gentleman from For payment of Government contributions For necessary expenses to carry out func- Maryland? with respect to employees retiring after De- tions of the Office of Special Counsel pursu- There was no objection. cember 31, 1989, as required by chapter 87 of ant to Reorganization Plan Numbered 2 of Mr. HOYER. Mr. Chairman, because I title 5, United States Code, such sums as 1978, the Civil Service Reform Act of 1978 have not offered an additional amend- may be necessary. (Public Law 95–454), the Whistleblower Pro- ment, I understand the Chairman’s ob- PAYMENT TO CIVIL SERVICE RETIREMENT AND tection Act of 1989 (Public Law 101–12), Pub- servation. The Federal Election Com- DISABILITY FUND lic Law 103–424, and the Uniformed Services Employment and Reemployment Act of 1994 mission is an agency that has great in- For financing the unfunded liability of new terest in this body. Obviously, it deals and increased annuity benefits becoming ef- (Public Law 103–353), including services as fective on or after October 20, 1969, as au- authorized by 5 U.S.C. 3109, payment of fees with each and every one of us in terms thorized by 5 U.S.C. 8348, and annuities under and expenses for witnesses, rental of con- of overseeing our accounts. special Acts to be credited to the Civil Serv- ference rooms in the District of Columbia It has the responsibility of monitor- ice Retirement and Disability Fund, such and elsewhere, and hire of passenger motor ing our campaign finance laws and our sums as may be necessary: Provided, That an- vehicles; $7,840,000. disclosure. Clearly the nub of campaign nuities authorized by the Act of May 29, 1944, UNITED STATES TAX COURT reform was allowing the public to know as amended, and the Act of August 19, 1950, SALARIES AND EXPENSES from whom we receive money, how as amended (33 U.S.C. 771–75), may hereafter much money we receive, and how we be paid out of the Civil Service Retirement For necessary expenses, including contract and Disability Fund. reporting and other services as authorized by spend that money so the public can 5 U.S.C. 3109; $32,899,000: Provided, That trav- make an informed judgment as to GENERAL PROVISIONS—OFFICE OF PERSONNEL el expenses of the judges shall be paid upon whether or not there is a nexus be- MANAGEMENT the written certificate of the judge. tween the positions we take and the fi- SECTION 1. Section 1104 of title 5, United This title may be cited as the ‘‘Independ- nancial support that we get. States Code, is amended— ent Agencies Appropriations Act, 1996’’. That is, in my opinion, the nub of (1) in subsection (a)— The CHAIRMAN. Are there any (A) in paragraph (2)— campaign reform. It is critical. But if (i) by striking ‘‘(except competitive exami- points of order against title IV? Are the public does not get that informa- nations for administrative law judges ap- there any amendments to title IV? tion in a timely fashion, it is not useful pointed under section 3105 of this title)’’; and Mr. HOYER. Mr. Chairman, I move to to them. (ii) by striking the semicolon at the end of strike the last word. Therefore, in my opinion, it is impor- paragraph (2) and inserting in lieu thereof a Again, I am not going to offer an tant to fully fund the FEC. The Chair- period; and amendment, again because I have not (B) by striking the matter following para- man’s mark is $2.5 million below the had that amendment protected by the Commission’s request. This is not an graph (2) through ‘‘principles.’’; and rule. I regret that, and under the rule (2) in subsection (b) by adding at the end increase, as the committee suggests. It the following new paragraph: that we have adopted, unless I cut from is only an increase if you assume the ‘‘(4) At the request of the head of an agen- this title, I cannot restore an item that $1.4 million rescission that has not cy to whom a function has been delegated has been cut out entirely. I think that been signed into law. As a matter of under subsection (a)(2), the Office may pro- is an unfortunate procedural situation fact, that rescission languishes in the vide assistance to the agency in performing into which I have been put and other other body. As a result, this is a cut in such function. Such assistance shall, to the Members of the Congress have been extent determined appropriate by the Direc- the FEC’s appropriation. put. The impact of the rescission would be tor of the Office, be performed on a reimburs- Having said that, although I will not able basis through the revolving fund estab- to reduce the staff and, therefore, re- lished under section 1304(e).’’. offer an amendment, I am hopeful that duce its ability to oversee our ac- SEC. 2. Subparagraph (B) of section in conference we will restore the ACIR. counts. Again, Mr. Chairman, I think 8348(a)(1) of title 5, United States Code, is That is an organization established this is an unwise move that we have amended— some years ago to serve as an Advisory taken. I am not going to offer an (1) by inserting ‘‘in making an allotment Commission on Intergovernmental Re- amendment to restore the money, but I or assignment made by an individual under lations. section 8345(h) or 8465(b) of this title,’’ after want the chairman, as I have told him The new leadership of this House and privately, to know and the House to ‘‘law),’’; and the Senate has talked about a signifi- (2) by striking ‘‘title 26;’’ and inserting know, that I intend to work to see if ‘‘title 26 or section 8345(k) or 8469 of this cant change. That change would incor- this money can be restored as we go to title;’’. porate shifting additional responsibil- conference. SEC. 3. Section 4(a) of the Federal ities back to the States and local gov- The CHAIRMAN. Are there any Workforce Restructuring Act of 1994 (Public ernments in terms of getting rid of un- amendments to title IV? Law 103–226; 108 Stat. 111) is amended— funded mandates and in terms of block If not, the Clerk will designate title (1) by deleting ‘‘FISCAL YEARS 1994 AND granting certain programs. All of that V. 1995’’ and inserting in lieu thereof: ‘‘VOL- gives additional responsibilities to the The text of title V is as follows: UNTARY SEPARATION INCENTIVE PAYMENTS.— ’’; and States and local governments and TITLE V—GENERAL PROVISIONS (2) in paragraph (1)(A) by striking ‘‘and be- heightens the focus on how we are THIS ACT interrelating as a Federal Government fore October 1, 1995,’’. SECTION 501. No part of any appropriation SEC. 4. Title 5, United States Code, is with our States and localities. made available in this Act shall be used for amended— Mr. Chairman, I think it regrettable the purchase or sale of real estate or for the (1) in the second section designated as sec- that a small agency, with which many purpose of establishing new offices inside or tion 3329 (as added by section 4431(a) of Pub- of us have participated in years past as outside the District of Columbia: Provided, lic Law 102–484)— state legislators, is being put on the That this limitation shall not apply to pro- (A) by redesignating such section as sec- grams which have been approved by the Con- tion 3330; and chopping block by the committee’s ac- tion. But, again, it is not in order for gress and appropriations made therefor. (B) by adding at the end thereof the follow- SEC. 502. No part of any appropriation con- ing new subsection: me to offer this amendment, so I will tained in this Act shall remain available for ‘‘(f) The Office may, to the extent it deter- not, but I am hopeful, Mr. Chairman, obligation beyond the current fiscal year un- mines appropriate, charge such fees to agen- that we will have, if the Senate puts it less expressly so provided herein. cies for services provided under this section back in, the ability to retain it in con- SEC. 503. The expenditure of any appropria- and for related Federal employment infor- ference. It is a very small sum of tion under this Act for any consulting serv- mation. The Office shall retain such fees to money, with, in my opinion, a very ice through procurement contract, pursuant pay the costs of providing such services and to 5 U.S.C. 3109, shall be limited to those information.’’; and large payoff. The CHAIRMAN. Are there any contracts where such expenditures are a (2) in the table of sections for chapter 33 by matter of public record and available for amending the second item relating to sec- amendments to title IV? public inspection, except where otherwise tion 3329 to read as follows: Mr. HOYER. Mr. Chairman, I ask provided under existing law, or under exist- ‘‘3330. Government-wide list of vacant posi- unanimous consent to strike the last ing Executive order issued pursuant to exist- tions.’’. word. ing law. H 7144 CONGRESSIONAL RECORD — HOUSE July 18, 1995

SEC. 504. None of the funds made available with respect to which the preceding sentence the end of fiscal year 1996 from appropria- to the General Services Administration pur- relates beyond fiscal year 1996. tions made available for salaries and ex- suant to section 210(f) of the Federal Prop- SEC. 510. The Office of Personnel Manage- penses for fiscal year 1996 in this Act, shall erty and Administrative Services Act of 1949 ment may, during the fiscal year ending Sep- remain available through September 30, 1997 shall be obligated or expended after the date tember 30, 1996, accept donations of supplies, for each such account for the purposes au- of enactment of this Act for the procurement services, land and equipment for the Federal thorized: Provided, That a request shall be by contract of any guard, elevator operator, Executive Institute, the Federal Quality In- submitted to the House and Senate Commit- messenger or custodial services if any per- stitute, and Management Development Cen- tees on Appropriations for approval prior to manent veterans preference employee of the ters to assist in enhancing the quality of the expenditure of such funds. General Services Administration at said Federal management. SEC. 519. Where appropriations in this Act date, would be terminated as a result of the SEC. 511. The United States Secret Service are expendable for travel expenses of em- procurement of such services, except that may, during the fiscal year ending Septem- ployees and no specific limitation has been such funds may be obligated or expended for ber 30, 1996, accept donations of money to placed thereon, the expenditures for such the procurement by contract of the covered off-set costs incurred while protecting travel expenses may not exceed the amount services with sheltered workshops employing former Presidents and spouses of former set forth therefore in the budget estimates the severely handicapped under Public Law Presidents when the former President or submitted for appropriations without the ad- 92–28. Only if such workshops decline to con- spouse travels for the purpose of making an vance approval of the House and Senate tract for the provision of the covered serv- appearance or speech for a payment of Committees on Appropriations: Provided, ices may the General Services Administra- money or any thing of value. That this section shall not apply to travel tion procure the services by competitive con- SEC. 512. None of the funds made available performed by uncompensated officials of tract, for a period not to exceed 5 years. At by this Act may be used to withdraw the des- local boards and appeal boards in the Selec- such time as such competitive contract ex- ignation of the Virginia Inland Port at Front tive Service System; to travel performed di- pires or is terminated for any reason, the Royal, Virginia, as a United States Customs rectly in connection with care and treatment General Services Administration shall again Service port of entry. of medical beneficiaries of the Department of offer to contract for the services from a shel- SEC. 513. No part of any appropriation con- Veterans Affairs; to travel of the Office of tered workshop prior to offering such serv- tained in this Act shall be available to pay Personnel Management in carrying out its ices for competitive procurement. the salary for any person filling a position, observation responsibilities of the Voting SEC. 505. None of the funds made available other than a temporary position, formerly Rights Act; or to payments to interagency by this Act shall be available for any activ- held by an employee who has left to enter motor pools separately set forth in the budg- ity or for paying the salary of any Govern- the Armed Forces of the United States and et schedules. ment employee where funding an activity or has satisfactorily completed his period of ac- SEC. 520. Notwithstanding any other provi- paying a salary to a Government employee tive military or naval service and has within sion of law or regulation: (1) The authority would result in a decision, determination, ninety days after his release from such serv- of the special police officers of the Bureau of rule, regulation, or policy that would pro- ice or from hospitalization continuing after Engraving and Printing, in the Washington, hibit the enforcement of section 307 of the discharge for a period of not more than one DC Metropolitan area, extends to buildings Tariff Act of 1930. year made application for restoration to his and land under the custody and control of SEC. 506. None of the funds made available former position and has been certified by the the Bureau; to buildings and land acquired by this Act shall be available for the purpose Office of Personnel Management as still by or for the Bureau through lease, unless of transferring control over the Federal Law qualified to perform the duties of his former otherwise provided by the acquisition agen- Enforcement Training Center located at position and has not been restored thereto. cy; to the streets, sidewalks and open areas Glynco, Georgia, and Artesia, New Mexico, SEC. 514. None of the funds made available immediately adjacent to the Bureau along out of the Treasury Department. in this Act may be used to provide any non- Wallenberg Place (15th Street) and 14th SEC. 507. No part of any appropriation con- public information such as mailing or tele- Street between Independence and Maine Ave- tained in this Act shall be used for publicity phone lists to any person or any organiza- nues and C and D Streets between 12th and or propaganda purposes within the United tion outside of the Federal Government 14th Streets; to areas which include sur- States not heretofore authorized by the Con- without the approval of the House and Sen- rounding parking facilities used by Bureau gress. ate Committees on Appropriations. employees, including the lots at 12th and C SEC. 508. No part of any appropriation con- SEC. 515. COMPLIANCE WITH BUY AMERICAN Streets, SW, Maine Avenue and Water tained in this Act shall be available for the ACT.—No funds appropriated pursuant to this Streets, SW, Maiden Lane, the Tidal Basin payment of the salary of any officer or em- Act may be expended by an entity unless the and East Potomac Park; to the protection in ployee of the United States Postal Service, entity agrees that in expending the assist- transit of United States securities, plates who— ance the entity will comply with sections 2 and dies used in the production of United (1) prohibits or prevents, or attempts or through 4 of the Act of March 3, 1933 (41 States securities, or other products or imple- threatens to prohibit or prevent, any officer U.S.C. 10a–10c, popularly known as the ‘‘Buy ments of the Bureau of Engraving and Print- or employee of the United States Postal American Act’’). ing which the Director of that agency so des- Service from having any direct oral or writ- SEC. 516. SENSE OF CONGRESS; REQUIREMENT ignates; (2) The exercise of police authority ten communication or contact with any REGARDING NOTICE.—(a) PURCHASE OF AMER- by Bureau officers, with the exception of the Member or committee of Congress in connec- ICAN-MADE EQUIPMENT AND PRODUCTS.—In exercise of authority upon property under tion with any matter pertaining to the em- the case of any equipment or products that the custody and control of the Bureau, shall ployment of such officer or employee or per- may be authorized to be purchased with fi- be deemed supplementary to the Federal po- taining to the United States Postal Service nancial assistance provided under this Act, lice force with primary jurisdictional respon- in any way, irrespective of whether such it is the sense of the Congress that entities sibility. This authority shall be in addition communication or contact is at the initia- receiving such assistance should, in expend- to any other law enforcement authority tive of such officer or employee or in re- ing the assistance, purchase only American- which has been provided to these officers sponse to the request or inquiry of such made equipment and products. under other provisions of law or regulations. Member or committee; or (b) NOTICE TO RECIPIENTS OF ASSISTANCE.— SEC. 521. Section 5378 of Title 5, United (2) removes, suspends from duty without In providing financial assistance under this States Code, is amended by adding: ‘‘(8) pay, demotes, reduces in rank, seniority, sta- Act, the Secretary of the Treasury shall pro- Chief—not more than the maximum rate tus, pay, or performance of efficiency rating, vide to each recipient of the assistance a no- payable for GS–14.’’ denies promotion to, relocates, reassigns, tice describing the statement made in sub- SEC. 522. Notwithstanding any other provi- transfers, disciplines, or discriminates in re- section (a) by the Congress. sion of law, there is hereby established in the gard to any employment right, entitlement, SEC. 517. PROHIBITION OF CONTRACTS.—If it Treasury of the United States, a United or benefit, or any term or condition of em- has been finally determined by a court or States Mint Public Enterprise Fund (the ployment of, any officer or employee of the Federal agency that any person inten- ‘‘Fund’’): Provided, That all receipts from United States Postal Service, or attempts or tionally affixed a label bearing a ‘‘Made in Mint operations and programs, including the threatens to commit any of the foregoing ac- America’’ inscription, or any inscription production and sale of numismatic items, tions with respect to such officer or em- with the same meaning, to any product sold the production and sale of circulating coin- ployee, by reason of any communication or in or shipped to the United States that is not age, the protection of Government assets, contact of such officer or employee with any made in the United States, such person shall and gifts and bequests of property, real or Member or committee of Congress as de- be ineligible to receive any contract or sub- personal shall be deposited into the Fund scribed in paragraph (1) of this subsection. contract made with funds provided pursuant and shall be available without fiscal year SEC. 509. Funds under this Act shall be to this Act, pursuant to the debarment, sus- limitations: Provided further, That all ex- available as authorized by sections 4501–4506 pension, and ineligibility procedures de- penses incurred by the Secretary of the of title 5, United States Code, when the scribed in section 9.400 through 9.409 of title Treasury for operations and programs of the achievement involved is certified, or when 48, Code of Federal Regulations. United States Mint that the Secretary of the an award for such achievement is otherwise SEC. 518. Except as otherwise specifically Treasury determines, in the Secretary’s sole payable, in accordance with such sections. provided by law, not to exceed 50 percent of discretion, to be ordinary and reasonable in- Such funds may not be used for any purpose unobligated balances remaining available at cidents of Mint operations and programs, July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7145 and any expense incurred pursuant to any ommendation of the Administrator that the Mr. LIGHTFOOT. Mr. Chairman, that obligation or other commitment of Mint op- Secretary’s actions under such delegation is agreeable. That is fine with me. That erations and programs that was entered into are inconsistent with the goals of economic way we could finish the amendment up. before the establishment of the Fund, shall and efficient procurement and utilization of The CHAIRMAN. The gentleman’s be paid out of the Fund: Provided further, automatic data processing equipment: Pro- That not to exceed 6.2415 percent of the vided further, That for all other purposes, a unanimous consent request is that all nominal value of the coins minted, shall be procurement conducted under such delega- debate end by 7 o’clock on this amend- paid out of the Fund for the circulating coin tion shall be treated as if made under a dele- ment and all amendments thereto? operations and programs: Provided further, gation by the Administrator pursuant to 40 Mr. LIGHTFOOT. And equally di- That the Secretary of the Treasury may bor- U.S.C. 759. vided on the time. row such funds from the General Fund as SEC. 527. RELIEF OF CERTAIN PERIODICAL The CHAIRMAN. Is there objection may be necessary to meet existing liabilities PUBLICATIONS.—For mail classification pur- to the request of the gentleman from and obligations incurred prior to the receipt poses under section 3626 of title 39, United of revenues into the Fund and the General States Code, and any regulations of the Unit- Iowa? Fund shall be reimbursed for such funds by ed States Postal Service for the administra- There was no objection. the Fund within one year of the date of the tion of that section, a weekly second-class Mr. HOYER. Mr. Chairman, I agree loan and retain receipts from the Federal Re- periodical publication which— to this time restraint, notwithstanding serve System from the sale of circulating (i) is eligible to publish legal notices under the fact this is an issue of great emo- coins at face value for deposit into the Fund; any applicable laws of the State where it is tional impact and great political inter- and transfer to the Fund all assets and li- published; est in this body and throughout the (ii) is eligible to be mailed at the rates for abilities of the Mint operations and pro- country. grams, including all Numismatic Public En- mail under former subsection 4358 (a), (b), terprise Fund assets and liabilities, all re- and (c) of title 39, United States Code, as This issue deals with the question of ceivables, unpaid obligations and unobli- limited by current subsection 3626(g) of that abortion. But I would suggest to the gated balances from the Mint’s appropria- title; and Members of this House, it does not deal tion, the Coinage Profit Fund, and the Coin- (iii) the pages of which were customarily with the public funding of abortion and age Metal Fund, and the land and buildings secured by 2 staples before March 19, 1989; that is the issue on which we have sub- of the Philadelphia Mint, Denver Mint, and shall not be considered to be a bound publi- stantial disagreement. the Fort Knox Bullion Depository: Provided cation solely because its pages continue to be secured by 2 staples after that date. The fact of the matter is, we have further, That the Numismatic Public Enter- carried in this bill for some period of prise Fund, the Coinage Profit Fund and the SEC. 528. None of the funds in this Act may Coinage Metal Fund shall cease to exist as be obligated or expended for employee train- time the issue of the Federal employee separate funds as their activites and func- ing that does not meet identified needs for health benefit plans. During the last 3 tions are subsumed under and subject to the knowledge, skills and abilities bearing di- years we struck from the bill a prohibi- Fund, and the requirements of 31 USC rectly upon the performance of official du- tion on the use of funds which the pub- 5134(c)(4), (c)(5)(B), and (d) and (e) of the Nu- ties. lic employees supply to the purchase of SEC. 529. (a) Prior to February 15, 1996, mismatic Public Enterprise Fund shall apply none of the funds appropriated by this Act their Federal employment health poli- to the Fund: Provided further, That at such may, with respect to an individual employed cies. times as the Secretary of the Treasury deter- by the Bureau of the Public Debt in the Now, let me put this in context. mines appropriate, but not less than annu- Washington metropolitan region on April 10, ally, any amount in the Fund that is deter- There are available to Federal employ- 1991, be used to separate, reduce the grade or mined to be in excess of the amount required ees approximately 345 health benefit pay of, or carry out any other adverse per- by the Fund shall be transferred to the plans. A substantial number of those sonnel action against such individual for de- Treasury for deposit as miscellaneous re- clining to accept a directed reassignment to plans provide for the termination of ceipts: Provided further, That the term ‘‘Mint a position outside such region, pursuant to a pregnancy. The choice of whether to operations and programs’’ means (1) the ac- transfer of any such Bureau’s operations or secure those plans is that of the em- tivities concerning, and assets utilized in, functions to Parkersburg, West Virginia. ployees. the production, administration, distribution, (b) Subsection (a) shall not apply with re- Mr. Chairman, a Federal employee, marketing, purchase, sale, and management spect to any individual who, prior to Feb- like private sector employees, is paid of coinage, numismatic items, the protection ruary 15, 1996, declines an offer of another and safeguarding of Mint assets and those three ways in their compensation pack- position in the Department of the Treasury age. Now, the private sector may have non-Mint assets in the custody of the Mint, which is of at least equal pay and which is and the Fund; and (2) includes capital, per- within the Washington metropolitan region. additional. They may have stock op- sonnel salaries and compensation, functions tions, educational options, training op- relating to operations, marketing, distribu- The CHAIRMAN. Are there any amendments to title V? tions, all sorts of things of that nature, tion, promotion, advertising, official recep- but essentially a Federal employee has AMENDMENT OFFERED BY MR. HOYER tion and representation, the acquisition or three options. replacement of equipment, the renovation or Mr. HOYER. Mr. Chairman, I offer an modernization of facilities, and the construc- amendment. b 1815 tion or acquisition of new buildings: Provided The CHAIRMAN. The Clerk will des- Those three options are: Salary. A further, That the term ‘‘numismatic item’’ ignate the amendment. Federal employee is paid X number of means any medal, proof coin, uncirculated The text of the amendment is as fol- dollars as salary. coin, bullion coin, or other coin specifically lows: designated by statute as a numismatic item, In addition, the Federal employee is including products and accessories related to Amendment offered by Mr. HOYER: Amendment No. 6: Strike everything from told, if you work for us, part of your any such medal, coin, or item. ‘‘Sec. 524’’ on page 63 line 22 through ‘‘term.’’ compensation package will be the pay- SEC. 523. Section 531 of Public Law 103–329, ment of 72 percent of your health care is amended by inserting, ‘‘of the first sec- on line 5 page 64. tion’’, after ‘‘adding at the end’’. Mr. LIGHTFOOT. Mr. Chairman, will premium, your being the employee’s, SEC. 524. No funds appropriated by this Act the gentleman yield? not the Federal Government’s. That is shall be available to pay for an abortion, or Mr. HOYER. I yield to the gentleman part of the employee’s benefit package. the administrative expenses in connection from Iowa. Third, part of that benefit package is with any health plan under the Federal em- Mr. LIGHTFOOT. Mr. Chairman, I their pension; and we make a contribu- ployees health benefit program which pro- would like to ask unanimous consent tion towards their retirement, of vides any benefits or coverage for abortions. course, as we do on all other Federal SEC. 525. The provision of section 524 shall that all debate on this amendment and not apply where the life of the mother would all amendments thereto close in 30 and State and local and private sector be endangered if the fetus were carried to minutes, since we have got this 7 employees, a FICA contribution since term. o’clock cutoff that we are supposed to 1983. SEC. 526. Notwithstanding any other provi- meet here tonight to go to the other Now, what does that mean? That sion of law, the Administrator of General provision. means the employee has, as a com- Services shall delegate the authority to pro- Mr. HOYER. Mr. Chairman, we had pensation package, those three ele- cure automatic data processing equipment put an hour on this, but I have a lot of ments. What the amendment that the for the Tax Systems Modernization Program to the Secretary of the Treasury: Provided, Members on my side of the aisle. I Chairman has put back, that the com- That the Director of the Office of Manage- would agree to a limitation to 7 mittee and full committee has put ment and Budget shall have the authority to o’clock, but I would not want to go fur- back in the bill is a provision that revoke such delegation upon the written rec- ther than that. again says that none of the funds in H 7146 CONGRESSIONAL RECORD — HOUSE July 18, 1995 this bill may be used to purchase included abortions under the Federal Wisconsin [Mr. OBEY] on that, is that it health care insurance which covers the Health Benefit Plan. This was changed will not work for the simple reason termination of pregnancy, that is, in 1993 to allow that to happen. Very that OPM indicates insurance compa- abortion. simply, we took the language out that nies would charge a high price for the Now, again, I said, this is a very con- put that restriction in place, returning coverage, almost as high as the cost of troversial and emotional debate. But us back to the original language which the abortion itself, since the companies ladies and gentlemen of this House, had been in place since 1984. would assume that the only employees this deals with the employee’s choice, At this point in time, the issue I likely to use it would want it. That not the Federal Government’s choice. think boils around should we force tax- means that the only viable option is When we had the health care debate in payers to pay for something to which that contained in this bill which says a this House, many Members on the there is a great deal of opposition. I Federal employee who wants an abor- other side of the aisle and this side of think we can argue this thing for tion would have to pay for it them- the aisle said that they believed that hours, and we are not going to change selves. individuals ought to have their choice some people’s positions on the issue The bill prohibits any insurance com- in purchasing their health care pro- one way or the other. And I certainly pany from offering abortion coverage gram, not the Government’s choice, understand that and respect people under FEHB unless the life of the not Members of Congress’s choice, but who feel very strongly on both sides of mother is threatened. It is the same the individual’s choice. And because the issue. language, again, that was carried from they work for the Federal Government But because it is a controversial 1984 up until 1993 when insurance cov- they should have no less rights than issue, I believe that is why the original erage for abortions was reinstated after any other person who works in Amer- language was put in place back in 1984 having been banned over that period of ica and gets a health care benefit as which basically said that we would not, years. part of their compensation package, through any taxpayer funds, be funding I think it is a grave matter of per- not the Federal Government’s. abortions. In essence, as I have men- sonal conscience. I would urge Mem- This is no more Federal money than tioned, we are just going back to that bers to think this through carefully to their salary is. After all, and I would original language. That is all we did. try to take the emotion out of the ar- hope that everybody would pay atten- There is concern, I understand, from gument, which is difficult to do, but I tion, we pay them the salary. That is a number of my colleagues, and quite think it is necessary to do, and oppose out of Federal dollars. Are we to say frankly I share their concern, that the the amendment, and really allow us you can’t spend that money except in language says that it is only in the just to return our bill back to what has certain ways and only as we choose be- case of the life of the mother. It does been in place since 1984. cause that is Federal money? Is that not include the incest and rape provi- Mr. Chairman, I yield 5 minutes to what our position is, that we are going sion that is in what we have come to the gentleman from New Jersey [Mr. to control their salary dollars? know as the Hyde amendment. SMITH]. The Federal employee compensation, Unfortunately, to put that language Mr. SMITH of New Jersey. Mr. Chair- health care contribution is their in becomes legislating on an appropria- man, I thank my good friend for yield- money. This amendment undermines tions bill. We are very loathe to do ing time to me. their compensation package. It is that sort of thing, and we have never Mr. Chairman, I urge Members to wrong. It undermines their own free carried that language in this bill. So vote no on the Hoyer amendment, choice, not of an abortion but of how that is the reason it is not in there. which would gut the every effective they spend their money. I would say to my colleagues who feel language that was put into the legisla- I want to tell my friends on that side very strongly that that should be part tion by the chairman of the committee, of the aisle who perceive themselves as of it, that I agree with them and would the gentleman from Iowa [Mr. LIGHT- conservatives, I would hope that a work during conference to try to get FOOT]. Let me just remind Members, as number of them I see on that side of that language included as well. the chairman pointed out so well, the the aisle who are conservatives, who Just a brief history on the situation, language that is in the bill was current perceive themselves as conservative— if you look at how FEHB works, per- law throughout the 1980’s and into the the gentleman from New York [Mr. haps some enlightenment to those who 1990’s, but regrettably during the last SOLOMON] is pointing to himself. I pre- don’t participate in the plan is in Congress we were unable to get the lan- sume he will vote with me on this order. It is a private insurance system. guage put back into the appropriations amendment. I hope he will. The Federal Government has a set of bill so we began paying for abortion on The fact of the matter is, I perceive private companies who offer insurance demand as part of the Federal Employ- conservatives taking the position that to Federal employees. All of us who ees Health Benefits Program. really government ought to stay out work for the Federal Government get a Mr. Chairman, I think it is becoming of, to the greatest extent possible, per- list of 25 or 30 insurance companies, increasingly clear by way of public sonal decisions, personal lives. That is and we can select from those compa- opinion polls, by way of the kind of how I perceive conservatives, and that nies which one we want to provide our feedback that we are all getting from you perceive liberals as those who want coverage, and we pay the premiums our home districts, that people do not to get government into people’s lives and so on. want to subsidize abortion on demand, and making decisions for them that In 1995, there were 345 insurance com- they do not want taxpayer funds or you think can be better made by the panies under the Federal Employee premium funds being used to subsidize individual. Health Benefit Plan. Abortion coverage for willful killing of unborn children I suggest if that is your philosophy was offered by 178 of them. Not quite simply because they are inconvenient, you ought to vote with me to strike half. simply because it is a matter of a birth this language, because you are sub- Since taxpayer money comes in to control abortion or for some other rea- stituting the Government’s decision make up the Government’s matching son. here for the individual’s decision here. part of the premium and is used for the Make no mistake about it. The Hoyer Mr. Chairman, I would urge my col- Government’s matching part of the amendment, if it succeeds, would usher leagues to vote ‘‘yes’’ on the Hoyer premium, a portion of this premium is in abortion on demand at any time dur- amendment to strike this prohibition. also paid out of the employee’s pocket, ing the pregnancy, and we would have Mr. LIGHTFOOT. I yield myself such which obviously they have the right to situations where babies are literally time as I may consume. do with whatever they want to do. dismembered or chemically poisoned Mr. Chairman, I rise in opposition to There have been attempts, I think, to simply because we were subsidizing and the amendment offered by my friend compromise on the issue allowing Fed- providing the wherewithal to kill those from Maryland. Basically, what we did eral employees to pay for the abortion babies. in the bill, between 1984 and 1993, lan- coverage themselves. Taxpayers do not want any part of guage was carried in the bill which pro- The biggest problem we had, and I of- this. Let me make that clear. We saw hibited paying for health coverage that fered to work with the gentleman from with the national health care reform July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7147 debate last year, which unfortunately gram does not distinguish between your money, your selection of the in- never happened because all of us heard lower and upper income employees. surance policies.’’ from our constituents that they did not Without the Lightfoot language, tax- Mr. Chairman, this is not about the want to provide premium dollars or tax payers subsidize most of the costs of all Federal Government, and Medicare, dollars for this grisly business. Federal employees and their families, and Medicaid paying for an abortion. It Let me remind Members, too, that as even those making over $100,000, so we is about giving to an employee com- part of the Federal employees health would be paying for abortions for them pensation in the form of a health care benefits plan taxpayers foot approxi- as well. contributions to the purchase of an in- mately 70 percent of the contribution. I I want to just conclude by reminding surance policy. That employee then ap- think everyone knows that Federal em- Members unborn children are not plies to his or her choice. ployees, including Members of Con- warts, a pregnancy is not a disease, and Now, just as we, the Federal Govern- gress, do not pay the whole freight, if if we go with Mr. HOYER’s amendment ment, pays FICA, that is then mine or you will, the entire bill when it comes we will be saying that if a child, simply pays my salary. It is mine or pays my to our Federal Employees Health Bene- because he or she is inconvenient or retirement. That is then vested. They fits Program. unwanted, we will provide the where- cannot take it back from me. This is An overwhelming amount of it, 70 withal, we will provide the means, the not their choice of where it goes. This percent, 72 percent to be exact, is foot- money to have that child destroyed. health care benefit is theirs. It is ed by the taxpayer. So this is a govern- HENRY HYDE’s. It is STENY HOYER’s. It b 1830 ment-taxpayer-funded issue, not unlike is JIM LIGHTFOOT’s. It is whoever’s. It the Hyde amendment. So I would re- Reject the Hoyer amendment, it is is ours, and we then apply that looking mind Members that if they are for the anti-child, and support the underlying through the list of what policy do I Hyde amendment they have to be language of the gentleman from Iowa want to purchase? It is not the Federal against the Hoyer amendment and for [Mr. LIGHTFOOT]. Government making that choice for us. the underlying language that Chair- Mr. HOYER. Mr. Chairman, I yield It is not the Federal Government buy- man LIGHTFOOT put in. myself such time as I may consume. ing that policy. You know, I think it is becoming in- Mr. Chairman, for the information of Yes, it is Federal dollars. But as I creasingly clear as well, Mr. Chairman, the Members, it appears, because of the said before my friends got to the floor, and the fight and debate that is going leadership on the majority side’s desire the dollars that we are paid in salary on in the Committee on the Judiciary to move toward a decision on the issue are Federal dollars. I ask, ‘‘Are we to on the partial birth abortion whereby regarding the audit report tonight, be then told that, look, those are Fed- children are literally almost com- that we would like to conclude this de- eral dollars, and you can’t spend them pletely born only to be killed by the bate tonight and resume tomorrow except in a fashion with which we, the abortionist by sucking the brain out of morning, so that it would be our inten- Federal Government, agree’’? I asked the baby. And this goes on. And those tion not to further debate this issue to- that question rhetorically, but I am who accuse those of us on this side of night. That is my understanding; that wondering if there is a response to it. trying to inflame or in any way emo- is the chairman’s intention as well. Those dollars are the dollars of our tionalize this issue, it is the pro-abor- Quite obviously, we are waiting for our employees, not ours, not our dollars, tion side, I would submit, that has to leaderships to get here because they and that is, I respectfully suggest to apologize or at least explain why they want to get to that issue, and I know my good friends, the significant dif- do this kind of violence, why they in- their interest is to get Members out in ference between this and the issue of flict this kind of violence on unborn a timely fashion this evening. We are Medicaid, or Medicare, or some other children. prepared to do that. I have discussed program where the Federal Govern- Well, the dirty secret of the abortion that with the chairman. They are not ment actually pays for the services movement itself are the methods them- here at this point in time. I presume rendered. selves, the chemical poisonings that go they will be here shortly. Now, I know the deep convictions are on, the injections of high concentrated The CHAIRMAN. Under the unani- that anything that might further the salt solutions that literally pickle the mous-consent agreement we can pro- objective is objectionable itself. I un- baby alive inside the mother’s uterus, ceed with debate until that time. derstand that. I think that is a fair ar- usually takes about 2 hours for the Mr. HOYER. Mr. Chairman, I yield gument, and I understand that posi- baby to die. It is a very slow and grue- myself such time as I may consume. tion. It is a position with which I dis- some death. The child swallows, gulps Let me follow up on my previous state- agree, but not that I lack respect for. the salt-filled amniotic water, the ment. Mr. Chairman, I am hopeful that, as water inside the amniotic sac, to die a Mr. Chairman, we are going to have a the debate develops tomorrow, that very cruel death. number of people talk about this issue. Members will have the opportunity to That is what we would subsidize if we The gentleman from New Jersey [Mr. see the difference between this issue go with the Hoyer amendment, because SMITH] just talked. Mr. SMITH and I are raised on this bill, and the issue raised saline abortions are done in those very close friends. We have a disagree- in the Labor-Health bill, and that dif- HMO’s and in those hospitals and under ment on this issue, and it is an issue on ference will be seen as dollars of the the auspices of the Federal Employees which he is a very, very sincere advo- employee as opposed to the dollars of Health Benefits Program. cate, an able advocate, and deeply con- the Federal Government. We would also be subsidizing the dis- victed advocate of his position. I think Yes, the source is the same, but the memberment of unborn children, again, his position is a position that is intel- ownership is different. The ownership the dirt secret of the abortion move- lectually and morally very defensible, is significantly different. ment, a child literally dismembered, period. I have no quarrel with him on Mr. LIGHTFOOT. Mr. Chairman, I arms, legs, torso, head, completely cut. that. yield 2 minutes to the gentlewoman Nobody wants to talk about that. I do, however, make the suggestion from Nevada [Mrs. VUCANOVICH]. People roll their eyes and say we are again that in this context the gen- Mrs. VUCANOVICH. Mr. Chairman, I bringing emotion into this. These are tleman is placing Federal employees in rise today in opposition to the amend- the plain facts of what abortion does to a position that no other employees in ment offered by Mr. HOYER. This a baby. America are placed in, and that is: amendment would strike the language It is violence. We need to be provid- ‘‘If you work for General Motors, you in H.R. 2020 that would prohibit the use ing positive, nonviolent alternatives to get a health care plan, and you choose of funds to pay for abortion or to be women who have distressful preg- a policy if you have alternatives. Now, used for administrative expenses in nancies, not providing and facilitating you happen to have, as a Federal em- connection with any health plan under by way of taxpayer dollars the killing ployee, more alternatives than you Federal employees health benefit pro- of their unborn children. have perhaps at General Motors. But gram. This program provides coverage Let me also point out that the Fed- the fact of the matter is that is per- for abortion, except where the life of eral Employees Health Benefits Pro- ceived as your compensation package, the mother would be endangered if the H 7148 CONGRESSIONAL RECORD — HOUSE July 18, 1995 fetus were carried to term. Currently, health care that non-Federal workers women the freedom to choose a private the American taxpayer bears the bur- in State, local, and the private sector health insurance plan that includes den of providing almost 72 percent of would receive. coverage of abortion. the funds used to purchase health in- This is an issue of basic fairness and The Hoyer amendment is about giv- surance for Federal Employees. That equity, Mr. Chairman. Fairness to our ing American women options—of the again raises the question: ‘‘Should the Nation’s public servants who wake up 345 FEHBP plans, just about half—178— Federal Government be in the business every day and work to serve their currently cover abortion. If women of funding abortions?’’ The answer is, country. These women deserve the want to participate in a plan that cov- of course, no. same quality of care that non-Federal ers abortions they can. If they find The Federal Government does not employees have access to every day. abortion objectionable they can belong need to provide funding for abortion These women pay into their health in- to a plan that doesn’t cover abortion. coverage in basic health coverage for surance plans, such as Blue Cross-Blue The choice is theirs—not mine—and Federal employees. Abortion is usually Shield or Atena just like women in the not this institution’s. not considered part of basic health in- private sector. The difference would be This is the status quo—and unless we surance coverage. Even the Nation’s that these women, unlike women in the approve Mr. HOYER’S amendment, this largest provider of individual and private sector, would not receive cov- House will be taking away health care group health insurance Mutual of erage for abortion. Excluding abortion coverage that Federal employees cur- Omaha, specifically excludes all elec- procedures is taking away part of the rently have. There are 1.2 million tive abortions from its coverage. medical coverage that thousands of women of reproductive age who rely on Perhaps some here feel that abortion Americans currently have. Are we FEHBP for their medical care—1.2 mil- should be covered because it is simply going to treat these hard-working lion American women who would lose another medical procedure, much like women as second-class citizens because the right to choose if the Hoyer amend- removing an unwanted tumor or wart. they are employed by the Federal Gov- ment isn’t adopted. However, the Supreme Court of the ernment? I hope not. In fact, the provision that Mr. HOYER United States has said that the Gov- I urge my colleagues to join me in seeks to strike is so extreme that it ernment can distinguish between abor- standing up today in support of wom- doesn’t even allow FEHBP plans to tion and ‘‘other medical procedures’’ en’s rights—in support of women’s cover abortions in the case of rape and because ‘‘abortion is inherently dif- health—let’s strike this blatantly dis- incest. ferent from other medical procedures. criminatory and harmful provision in b 1845 No other procedure involves the pur- the bill. Mr. LIGHTFOOT. Mr. Chairman, I So if you are a Federal employee and poseful termination of a potential yield 2 minutes to the gentleman from you have been raped and become preg- human life.’’ nant, the new majority says that you At a time when 70 percent of Ameri- Maryland [Mr. BARTLETT]. (Mr. BARTLETT of Maryland asked cannot use your own private insurance cans oppose Federal funding of abor- and was given permission to revise and to have an abortion. That is an out- tion it is appropriate for Congress to extend his remarks.) rage. uphold the sanctity of life and limit Mr. BARTLETT of Maryland. Mr. Basic women’s health care includes Federal funding of abortion. I urge my Chairman, I rise today in strong oppo- the full range of redprocutive health colleagues to vote ‘‘no’’ on the Hoyer sition to the amendment offered by my services, including abortion. We should amendment. good friend and colleague from Mary- not be singling this procedure out. I Mr. HOYER. Mr. Chairman, I yield 2 land [Mr. HOYER]. This is a very simple urge my colleagues to support the minutes to the gentleman from Califor- and straightforward issue. Should the Hoyer amendment. nia [Mr. FARR]. taxpayers and people who are conscien- Mr. LIGHTFOOT. Mr. Chairman, I Mr. FARR of California. Mr. Chair- tiously opposed be forced to pay for yield 2 minutes, as we continue the man, I rise today in support of the and subsidize abortion on command? tour of the East Coast, to the gentle- Hoyer amendment and in support of Mr. Chairman, the Congress and the woman from Maryland [Mrs. MORELLA]. the basic right of women to choose, re- Supreme Court have been very clear on (Mrs. MORELLA asked and was given gardless of whether they work in the this issue. This amendment flies in the permission to revise and extend her re- private sector or they serve in the Fed- face of the Hyde amendment which this marks.) eral Government as public servants. Congress has, on several occasions, Mrs. MORELLA. Mr. Chairman, I We all are well aware of the fact that upheld which simply says that the Fed- thank the gentleman for yielding time the U.S. Supreme Court ruled in Roe eral Government should not be in the to me. versus Wade that a woman’s right to a practice of funding abortions with tax- Mr. Chairman, I rise in support of the safe and legal abortion is constitu- payer money. In upholding the Hyde amendment by the gentleman from tionally guaranteed. This is the law of amendment, the court has said that, Maryland. the land. The provision of the bill that and I quote: From 1983 to 1993, Congress limited my colleagues and I seek to strike Abortion is inherently different from other the coverage of abortion services under would single out Federal employees medical procedures because no other proce- FEHBP, except in cases in which the and prohibit them from choosing a dure involves a purposeful termination of a life of the woman was at risk. In the health care policy which provides a full potential life. fiscal year 1994 Treasury-Postal appro- range of reproductive health services Let us not fund abortion on demand priations bill, we finally restored the including abortion. with taxpayer money. Let us not force coverage that had been provided to What you may not realize is that cur- those who are conscientiously opposed most of the rest of this country’s work rently two-thirds of private fee-for- to pay for these abortions. force through their health insurance service plans and 70 percent of health Mr. HOYER. Mr. Chairman, I yield 2 plans. Today, this bill once again de- maintenance organizations provide minutes to the gentlewoman from New nies this health coverage to Federal abortion coverage. As most insurance York [Mrs. LOWEY]. employees. plans today provide coverage for repro- Mrs. LOWEY. Mr. Chairman, cur- The coverage of abortion services in ductive health care including abortion, rently, Federal employees, like other Federal health plans does not mean to deny Federal health benefit partici- American workers, are permitted to that abortions are being subsidized by pants this health service is harmful to choose a health care plan that covers the Federal Government. Currently, women’s health. the full range of reproductive health the Government simply contributes to Mr. Chairman, this is not a pro- services. The new majority wants to the premiums of Federal employees in choice or pro-life issue, it is an issue of change that and take American women order to allow them to purchase pri- discrimination. This provision bla- backward. This is one of the first steps vate health insurance. Abortion serv- tantly discriminates against women in the radical right’s campaign to ices do not add to the cost of an insur- who work for the Federal Government, eliminate the right to choose. ance plan; the additional cost amounts singling them out and denying them The issue before us today is whether to a few cents per month to cover the the same access to safe reproductive or not this House will allow American cost of administration. July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7149 The bill’s provision is all the more tions from using their own funds to provide the gentleman from Maryland [Mr. inequitable because it does not even abortions. Now the assault continues with a HOYER] tomorrow when the committee cover abortions in the case of rape and ban on abortion services for Federal employ- resumes its sitting on this bill. incest, coverage provided under the ees. The CHAIRMAN. Is there objection Medicaid program and the Hyde One ban after anotherÐchoice opponents to the request of the gentleman from amendment. If the funding ban is rein- are on their way to rolling back a woman's Iowa? stated, Federal employees will have to right to choose. There was no objection. pay for abortions with their own This is a discriminatory change from current Mr. LIGHTFOOT. Mr. Chairman, I money, even in the cases of rape and policy. Choice opponents in the Congress are move that the Committee do now rise. incest. now singling out Federal employees to restrict The motion was agreed to. Accordingly, the Committee rose; Thousands of Federal employees have a constitutional right. This is not about Federal and the Speaker pro tempore (Mr. incomes below or close to the Federal fundingÐemployee's own salaries are being RIGGS) having assumed the chair, Mr. poverty line. For these workers, the withheld. It is about infringing upon employ- DREIER, chairman of the Committee of cost of an abortion would be a signifi- ees' rights to bargain for their own benefits. the Whole House on the State of the cant hardship, interfering with a wom- Congress has no place obstructing private Union, reported that that Committee, an’s constitutionally protected right to insurance companies from offering services having had under consideration the bill choose. And it discriminates against that are necessary to women's health. At least (H.R. 2020) making appropriations for Federal employees. two-thirds of private health insurance plans the Treasury Department, the U.S. Mr. Chairman, the Hoyer amendment currently include coverage for abortions. Postal Service, the Executive Office of simply restores the rights of Federal Prohibiting Federal employees from choos- the President, and certain independent employees to the same health care ing insurance plans that offer abortion services agencies, for the fiscal year ending services covered by most private sector endangers their health. The question for our September 30, 1996, and for other pur- health plans. I urge my colleagues to House colleagues is whether they can justify poses, had come to no resolution there- support it. limiting Federal employees' constitutionally on. Mr. EMERSON. Mr. Chairman, I rise today protected rights and limiting their health care in opposition to the Hoyer amendment. The options simply because these women receive f Federal Government should not be in the busi- benefits through the Federal Employees PROVIDING FOR ADDITIONAL AU- ness of funding abortions nor should tax- Health Benefits Plan. I strongly believe we DITING BY HOUSE INSPECTOR payers be forced to underwrite the cost of cannot. GENERAL Today's vote is part of a larger agenda to abortions for Federal employees. Mr. ARMEY. Mr. Speaker, I offer a The Federal Government currently contrib- rollback a woman's right to choose without di- privileged resolution (H. Res. 192) and utes approximately 72 percent of the money rectly reversing Roe versus Wade. This provi- ask for its immediate consideration. toward the purchase of health insurance for its sion hurts Federal employees, and I urge my The Clerk read the resolution, as fol- employees. Thus, taxpayers do provide a ma- colleagues to vote for equal rights and health lows: jority share of the funds to purchase health in- services for Federal employees and their de- H. RES. 192 surance for the Federal civilian work force. If pendents. Whereas on January 4, 1995, the House of this amendment were adopted the American Mrs. COLLINS of Illinois. Mr. Chairman, I Representatives voted 430–1, that ‘‘during taxpayers would be forced to underwrite the rise in support of the amendment offered by the One Hundred Fourth Congress, the In- costs of abortion for Federal employees. In the gentleman from Maryland [Mr. HOYER] spector General, in consultation with the addition to taxpayer funds paying for abor- which would strike the bill's provisions prohibit- Speaker and the Committee on House Over- tions, premiums contributed by conscientiously ing the use of funds to pay for abortions under sight, shall coordinate, and as needed con- opposed Federal employees will also be used the Federal Employees Health Benefits Pro- tract with independent auditing firms to to subsidize abortion on demand. gram [FEHBP]. complete, a comprehensive audit of House fi- Abortion is not just another form of ``routine The Republican majority seeks to return us nancial records and administrative oper- ations, and report the results in accordance health care''. In upholding the Hyde amend- to the nefarious policy adopted during the with Rule VI,’’ [House Resolution 6, Section ment, the Supreme Court has said that the Reagan/Bush years where women enrolled in 107]; Government can distinguish between abortion FEHBP were denied access to the full range Whereas on July 18, 1995, the House Inspec- and ``other medical procedures.'' The court of legal reproductive health options that are tor General in cooperation with the inde- said, ``Abortion is inherently different from available to women enrolled in private sector pendent auditing firm presented the findings other medical procedures, because no other health plans. Two years ago, that policy was of the first-ever audit of the House of Rep- procedure involves the purposeful termination rightfully put to an end by the Clinton adminis- resentatives under the provisions of the House Resolution; of a potential life.'' tration which determined that the participating Whereas this first-ever audit included both Mr. Chairman, the language that Mr. LIGHT- plans and enrollees should be free to make the financial and administrative functions of FOOT incorporated into this bill which would the choices concerning the availability and ac- the House, representing a wide range of ac- prohibit OPM from allowing Federal employee cess to abortion coverage. tivities; health insurance plans to cover abortion, ex- Today, no participating health plan is forced Whereas the audit does not reach conclu- cept when the mother's life is at stake should to cover abortions, and no participating em- sions in all areas due in part to a ‘‘method of remain a part of the Treasury, Postal Service ployee or annuitant is forced to join a plan that accounting underlying the preparation and dissemination of financial management in- appropriation bill as it has from 1984 through covers them. The Office of Personnel Man- formation [that] was simplistic and ill-suited fiscal year 1993, and this amendment should agement allows each plan decide on its own for an organization the size of the House,’’ be defeated. whether to provide abortion coverage. This [Report of Independent Accountants, July 18, Ms. HARMAN. Mr. Chairman, I rise in year, only 178 of 345 participating plans do. 1995]; strong support of the Hoyer amendment to FEHBP participants have the option of choos- Whereas ‘‘In addition to the deficiencies in strike the language that prohibits Federal em- ing from among the wide variety of plans accounting and reporting, and in informa- ployees from choosing health care plans that available the one which best meets their tion systems, there are other weaknesses in the House’s internal control structure...the include abortion services. health care needs. severity of these weaknesses affects the reli- This is the latest in a series of assaults on Sections 524 and 525 of this bill will limit the ability of the financial statements, because a woman's right to choose. The consequence reproductive choices available to women cov- in the absence of an effective internal con- of this assault, like the others being pursued ered by FEHBP. I support their elimination and trol structure, there can be no assurance through the appropriations process, is to leave urge adoption of the Hoyer amendment. that all House transactions were properly re- women's rights under Roe versus Wade hol- Mr. LIGHTFOOT. Mr. Chairman, I corded, accumulated and reported in accord- lowÐand effectively repeal of those rights ask unanimous consent to vacate the ance with the rules, policies and procedures without directly reversing the Supreme Court's previous unanimous-consent agreement of the House,’’ [Report of Independent Ac- limiting debate on this amendment, countants, July 18, 1995]; decision. Whereas it is the sense of the House, in- Earlier this spring, the House passed a ban that there be 80 minutes of debate on cluding the leadership of both parties, that a on privately funded abortions in military hos- this amendment and all amendments followup audit should be completed to fur- pitals overseas. Then came the provision pre- thereto, and that the time be equally ther examine the transactions and reports venting international family planning organiza- divided and controlled by myself and contained therein; and H 7150 CONGRESSIONAL RECORD — HOUSE July 18, 1995 Whereas the House Inspector General, a on the internal operations of the House Today we received the report from nonpartisan appointee who was selected by of Representatives. the auditor, and the auditor’s opinion the former majority and retained by the cur- As promised, the results of the first was that he had no opinion. He could rent majority, has requested and should be audit ever done in the U.S. House of not state an opinion because the House given resources necessary to complete this followup audit: Now, therefore, be it Representatives by the independent books were in such a mess that he Resolved, That the Inspector General is au- nonpartisan firm of Price Waterhouse could not conclude whether there had thorized and directed to take such steps as have been revealed, and, as expected, been anything done wrong, any mis- necessary to carry out any additional audit- the auditors found that during a single deeds performed, or whether the books ing required to ensure the completion of the 15-month time period, from October in fact balanced. audit of House financial and administrative 1993 to December 1994, the Congress operations authorized during the One Hun- This is a more serious indictment squandered millions of taxpayer dollars than we expected, and certainly has to dred Fourth Congress by House Resolution 6, because of poor management practices, Section 107. be dealt with. The auditor may not SEC. 2. The Inspector General shall com- inefficiencies, and waste in all House have an opinion, but I certainly have plete such additional auditing expeditiously, operations. Corrective steps rec- an opinion, and my opinion is that we but in no case later than November 30, 1995. ommended by the auditors will help have to straighten this out and SEC. 3. The Committee on House Oversight the Congress save the taxpayers over straighten it out soon. I am very of the House of Representatives shall have $20 million. We have already begun in- pleased that the Committee on House the authority to prescribe regulations and to stituting some of those reforms authorize the expenditure of additional funds Oversight under the chairmanship of Mr. Speaker, the legislation before us the gentleman from California [Mr. from the appropriate House accounts as may for a further forensic audit will help be required to fully ensure the final comple- THOMAS] has taken action, and we plan tion of the comprehensive audit of House fi- ensure that never again will this hon- to straighten the House books out as nancial and administrative operations. orable institution become a casualty in soon as possible. SEC. 4. The results of such auditing shall be the course of Members conducting the submitted in accordance with House Rule VI, people’s business with the public’s Furthermore, and this resolution clause 3(d) which provides ‘‘simultaneously money. speaks to that, we will maintain them submitting to the Speaker, the majority We are acting decisively to restore in order. We will insist on regular out- leader, the minority leader, and the chair- the American people’s faith in this in- side audits to make sure that the man and ranking minority party member of stitution. Taxpayers deserve full dis- House books continue to be in order the Committee on House Oversight a report from henceforth. on each audit conducted under this rule.’’. closure, and they are finally getting it. SEC. 5. The results of such auditing, shall They deserve full accountability, and I think it is incumbent upon us to do to the extent appropriate, be reported by the they are finally getting it. They de- that. There is a matter of public ac- Inspector General in accordance with House serve to have their Representatives countability. We are responsible to the Rule VI, clause 3(e) which provides ‘‘report- take responsibility for the way things people of the United States for the ing to the Committee on Standards of Offi- are run in Congress, and in the 104th money we expend, and we have insisted cial conduct information involving possible Congress, Mr. Speaker, they are finally on the various departments of our Gov- violations of any Member, officer, or em- getting it. And from now on, they al- ployee of the House any rule of the House or ernment giving us accountability for any law applicable to the performance of of- ways will. the money that we allocate to them. ficial duties or the discharge of official re- Mr. Speaker, when the auditors can- At the very least, we as a House must sponsibilities which may require referral to not even deliver an opinion because fi- have accountability to ourselves and to the appropriate Federal or State authorities nancial records were so inadequate or the public for the money that we spend pursuant to clause 4(e)91)(C) of rule X.’’. incomplete, we have got a problem. I for the operation of this august institu- Mr. ARMEY (during the reading). Mr. was told at today’s Committee on tion. Speaker I ask unanimous consent that House Oversight meeting that in the I speak strongly in favor of adopting the resolution be considered as read private sector this type of finding of no the resolution, and ensuring not only and printed in the RECORD. opinion by the auditors is unheard of. that we straighten out the House The SPEAKER pro tempore. Is there What a shame. books, but also that they will remain objection to the request of the gen- I applaud the bipartisan work of the in good condition from henceforth. tleman from Texas? House leadership, Mr. Speaker, of the There was no objection. Inspector General and the auditors, Mr. Speaker, I pledge to my constitu- The SPEAKER pro tempore. The gen- and I am very pleased to support this ents, I pledge to our colleagues, and I tleman from Texas [Mr. ARMEY] is rec- bill. pledge to my colleagues on the Com- ognized for 1 hour. Mr. THOMAS. Mr. Speaker, I yield mittee on House Oversight, to do ev- Mr. ARMEY. Mr. Speaker, I yield 30 such time as he may consume to the erything I can to assist in this effort minutes to the gentleman from Mis- gentleman from Michigan [Mr. by the Committee on House Oversight souri [Mr. GEPHARDT], the distin- EHLERS], the vice chairman of the to ensure that the House can be proud guished minority leader, for purposes Committee on House Oversight. of the financial operation of its own af- of debate only. Mr. EHLERS. Mr. Speaker, I have fairs. Mr. Speaker, pending that, I ask not been in Congress a long time. I was Mr. GEPHARDT. Mr. Speaker, I yield unanimous consent that the gentleman elected approximately a year and a myself such time as I may consume. from California [Mr. THOMAS], be al- half ago in a special election. But it Mr. Speaker, I rise in support of this lowed to control my 30 minutes. took a very short time after my arrival resolution. Obviously, I have co-au- The SPEAKER pro tempore. Is there to realize that there was something thored it with the distinguished major- objection to the request of the gen- wrong with the way the books of the ity leader. As you know, this resolu- tleman from Texas? House were kept. tion directs the inspector general of There was no objection. I have always insisted on keeping the House to continue certain aspects Mr. THOMAS. Mr. Speaker, I yield track of the finances in my office dur- of the audit in those areas where Price such time as she may consume to the ing my years in the legislature in Waterhouse auditors have rec- gentlewoman from Washington [Ms. Michigan, and I tried to do the same ommended further examination. DUNN], a member of the Committee on here, and found I simply could not get House Oversight. the answers I needed from the Finance I join in the introduction of this reso- Ms. DUNN of Washington. Mr. Speak- Office. lution to fulfill the promise of the er, I thank the gentleman for yielding. It is clear that some action had to be audit and to ensure that all questions Mr. Speaker, in keeping with the taken. I am delighted that at the be- raised in the course of the audit are theme of the 104th Congress, we are ginning of this Congress, we passed a fully and completely answered. I urge today keeping another promise we resolution virtually unanimously, 430 all Members to support this resolution. made to the American people. That votes to 1 vote, we passed a resolution As has been made clear in the audit, promise is a commitment to openness asking for an independent outside the systems and procedures of the and to reform, to let the Sun shine in audit from a major accounting firm. House during the audit period were July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7151 outdated and incomplete. This oc- has taken his full responsibility and Mr. SHAW. Mr. Speaker, I thank the curred even though for the entire pe- worked ably, with the accounting firm gentleman for yielding time to me. riod of the audit the House Finance Of- of Price Waterhouse, to complete these I would just like to say that the time fice was under the direction of the non- documents that have been made avail- has long passed for us to do what this partisan administrator picked by able to all Members and to the public action is calling us to do. We have a sa- Speaker Foley, Mr. Michel, the minor- today. cred trust that is from the people for ity leader, and myself, in a bipartisan The gentleman from California [Mr. the taxpayers that they pay into this way. THOMAS] and the Republican leadership Government. Accountability is, I The auditors found that the financial deserve credit for giving the House the think, primary, whether you are talk- information available to them simply impetus to move aggressively to iden- ing about ethics or whether you are did not provide explanations for all tify ways in which we can improve our talking about what we do with the peo- transactions and procedures they re- business operations by adopting mod- ple’s money. It is absolutely necessary viewed. As a result, the auditors were ern management policies and practices that all of us be completely account- unable to draw final conclusions about as is applicable elsewhere in the pri- able for those funds that are entrusted certain transactions and procedures. vate and the public sector. to us. We are at last, I think, brushing The auditors themselves have rec- I personally want to commend Mr. away a dinosaur of the past. And that ommended that the House undertake a THOMAS, my colleague and good friend, is a dinosaur which did not have ac- further review to resolve these dif- as ever, and the IG for the manner in countability here in the House for the ferences. The passage of this resolution which this work has been conducted. It funds that we are expending. will accomplish this. The resolution di- is open. It is fair. And it is bipartisan. I would like to congratulate the lead- rects the inspector general to finish And that, I think, is the way in which ership on both sides of the aisle for the the work and to reach the conclusions we need to continue this work as we realization that now the time has come that are necessary to determine if any move on to the next segment, which is for accountability, that now the time further action by any relevant House the purpose of the resolution offered has come to have an independent audit committee is required. here today. done of the House books. Under the resolution, the inspector Let me also say, as an appropriator I would certainly urge a yes vote, as general will report no later than No- who has dealt with these matters over I am sure one is going to come prob- vember 30 of this year the results of his a number of years, I have long sought ably without exception, because this is further review. These reports will be many of the objectives that are in- such a commonsense resolution. referred to the relevant House commit- cluded in the work of the inspector Again, I would like to commend the tees for appropriate action. This is the general and of this audit. leadership on both sides of the aisle to right course of action for the House. The resolution assures the American seeing that this day has finally arrived. Any other approach would result in the people that upon conclusion of this Mr. THOMAS. Mr. Speaker, I yield 1 premature release of information that audit by the IG, they will have 100 per- minute to the gentleman from Kansas cent public accountability for the ex- is incomplete, and, worse, potentially [Mr. BROWNBACK]. penditure of House funds. And to do misleading. If the auditors themselves Mr. BROWNBACK. Mr. Speaker, I that, we must have a picture of the found the information inconclusive, thank the gentleman for yielding time House business practices which fully, how can Members be expected to be to me. fairly and accurately portrays the way able to explain the questions remaining I would just like to say, as a fresh- in which Members dedicate their re- in the audit? man Member of Congress, on the open- As the Speaker and I stated in our sources to representing their constitu- ing day of Congress it was my pleasure ‘‘Dear Colleague’’ letter circulated ents. to be able to carry the bill that started today, we believe that many of the Although the resolution provides for this audit, and it passed 430 to 1 in this areas of concern identified by the audi- a reporting deadline not later than No- institution. I was delighted at that tors can be explained as products of the vember 30, I fully expect the inspector time, as somebody who ran saying the inadequate systems and procedures of general will file his report as soon as institution needed to open its doors up the House. I believe that this further possible. Let me say, I would hope that and let some fresh air in, to see this fi- review will result in additional im- it could be done by the August recess. nally happen. provements to the management of the I will do everything I can personally do Getting the audit report out today, I operations of the House. This is the to give the IG whatever resources, think that is an important step to be reason that 434 Members of the House human and financial, he needs to com- taking. I think it is important that we voted to undertake this audit in the plete this more focused audit and to re- take this on forward and that we make first place. port his findings to the Members of this body and to the public. real changes and real improvements in b 1900 We need to finish this first and fore- this institution so the American people We must allow the audit to be com- most and then we need to move on to can feel like it represents them and it pleted as it was intended. I urge all the next audit, which will guide us fur- is an open institution, that they know Members to vote in favor of this resolu- ther as we continue to make changes in what happens with their taxpayer dol- tion. the operations of this House. lars. Mr. Speaker, I yield such time as he It is very important to point out, this So I urge my colleagues to support may consume to the distinguished gen- is, yes, an important baseline audit, this motion that is coming forward and tleman from California [Mr. FAZIO], but really, the first of many that will that we can carry on this process in distinguished ranking member of the come. And we all must learn to deal giving the people’s House back to the Committee on House Oversight. with this form of self-criticism, be- people. Mr. FAZIO of California. Mr. Speak- cause ultimately, it is the only way in Mr. GEPHARDT. Mr. Speaker, I yield er, as I said earlier today in the com- which we can make the kind of im- back the balance of my time. mittee meeting, and I reiterate now, I provements here that we all seek. Mr. THOMAS. Mr. Speaker, I yield fully support the effort that we are So with that, Mr. Speaker, I urge all myself such time as I may consume. completing the first phase of here Members to unanimously support this (Mr. THOMAS asked and was given today. I was obviously one of the many resolution. It is the proper way to pro- permission to revise and extend his re- Members who supported it on January ceed, one that will get the information marks.) 4, and I feel very strongly that this that we need to the public and yet pro- Mr. THOMAS. Mr. Speaker, I think first effort independent audit, the audit tect the legitimate due process that what we have seen here is a continu- of the finances and the administration ought to prevail here in the House of ation of the spirit in which we started of the operations of the House, has Representatives. this particular Congress. been conducted in a very effective way. Mr. THOMAS. Mr. Speaker, I yield 1 On opening day we did call for, by The IG, Mr. John Lainhart, is deserv- minute to the gentleman from Florida resolution, an independent audit. It ing of our thanks and appreciation. He [Mr. SHAW], who is a CPA. was virtually unanimous in this House H 7152 CONGRESSIONAL RECORD — HOUSE July 18, 1995 that we move forward with that inde- Boucher Frost Luther Scarborough Stenholm Visclosky Browder Funderburk Maloney Schaefer Stockman Vucanovich pendent audit. Regardless of the rea- Brown (CA) Furse Manton Schiff Stokes Waldholtz sons that may have led us to that con- Brown (FL) Gallegly Manzullo Schroeder Studds Walker clusion, I think everyone here today Brown (OH) Ganske Markey Schumer Stump Walsh agrees that it was a positive step. The Brownback Gejdenson Martinez Scott Stupak Wamp Bryant (TN) Gekas Martini Seastrand Talent Ward only regret we all have is that, as out- Bunn Gephardt Mascara Sensenbrenner Tanner Waters lined in the resolution in several Bunning Geren Matsui Serrano Tate Watt (NC) whereas clauses, the books that the Burr Gibbons McCarthy Shadegg Tauzin Watts (OK) independent auditor and the inspector Burton Gilchrest McCollum Shaw Taylor (MS) Waxman Buyer Gillmor McCrery Shays Taylor (NC) Weldon (FL) general had to look at where wholly in- Callahan Gilman McDade Shuster Tejeda Weldon (PA) adequate to coming to some clear and Calvert Gonzalez McDermott Sisisky Thomas Weller final conclusions about financial trans- Camp Goodlatte McHale Skaggs Thompson White Skeen Thornberry Whitfield actions over the last 15 months. Canady Goodling McHugh Cardin Gordon McInnis Skelton Thornton Wicker This resolution, jointly sponsored by Castle Goss McIntosh Slaughter Thurman Williams the majority and the minority leader, Chabot Graham McKeon Smith (MI) Torkildsen Wilson intends to clarify and rectify those Chambliss Green McKinney Smith (NJ) Torres Wise Chapman Greenwood McNulty Smith (TX) Torricelli Wolf areas of the financial books that the Chenoweth Gunderson Meehan Smith (WA) Towns Woolsey independent auditors were incapable of Christensen Gutierrez Meek Solomon Traficant Wyden clarifying. We believe that based upon Chrysler Gutknecht Menendez Souder Tucker Wynn Spence Upton Young (AK) the representations made to us, the in- Clayton Hall (OH) Metcalf Clement Hall (TX) Meyers Spratt Velazquez Young (FL) spector general will be able to resolve Clinger Hamilton Mfume Stearns Vento Zimmer the questions that are outstanding. We Clyburn Hancock Mica NOT VOTING—20 believe that the system was at fault. Coble Hansen Miller (CA) Berman Hyde Reynolds There is no reason at this time to try Coburn Harman Miller (FL) Coleman Hastings (FL) Mineta Brewster Kennedy (RI) Stark to draw any conclusions at all, given Collins (GA) Hastings (WA) Minge Bryant (TX) Lantos Tiahrt the difficulty of professional auditors Collins (IL) Hayes Mink Clay Moakley Volkmer in determining with some finality, Combest Hayworth Molinari Collins (MI) Murtha Yates Condit Hefley Mollohan Crane Oxley Zeliff what occurred. Conyers Hefner Montgomery Hastert Pallone It would be a service to no one, the Cooley Heineman Moorhead b 1930 American people, Members of this in- Costello Herger Moran stitution, or anyone else, to speculate Cox Hilleary Morella So the resolution was agreed to. Coyne Hilliard Myers on what might occur. Rather, the abso- Cramer Hinchey Myrick The result of the vote was announced lute appropriate approach of a House Crapo Hobson Nadler as above recorded. resolution, asking our inspector gen- Cremeans Hoekstra Neal A motion to reconsider was laid on eral to take on what resources are nec- Cubin Hoke Nethercutt the table. Cunningham Holden Neumann essary to finalize this audit as soon as Danner Horn Ney f possible, but no later than November Davis Hostettler Norwood 30, is not only the appropriate step but de la Garza Houghton Nussle RECOGNIZING THE HONORABLE Deal Hoyer Oberstar BILL RICHARDSON FOR HIS really consciously the only one that we DeFazio Hunter Obey can take. DeLauro Hutchinson Olver WORK IN OBTAINING RELEASE So it is with great pleasure, on a bi- DeLay Inglis Ortiz OF THE TWO AMERICANS HELD partisan note, that we offer for the Dellums Istook Orton CAPTIVE Deutsch Jackson-Lee Owens Members consideration House Resolu- Diaz-Balart Jacobs Packard (Mr. FATTAH asked and was given tion 192. Dickey Jefferson Parker permission to address the House for 1 Mr. Speaker, I yield back the balance Dicks Johnson (CT) Pastor minute.) Dingell Johnson (SD) Paxon of my time, and I move the previous Dixon Johnson, E. B. Payne (NJ) Mr. FATTAH. Mr. Speaker, I want to question on the resolution. Doggett Johnson, Sam Payne (VA) congratulate the gentleman from New The previous question was ordered. Dooley Johnston Pelosi Mexico [Mr. RICHARDSON] who is on the Doolittle Jones Peterson (FL) The SPEAKER pro tempore. The Dornan Kanjorski Peterson (MN) floor for his great work and have the question is on the resolution. Doyle Kaptur Petri House recognize his tremendous deed The question was taken; and the Dreier Kasich Pickett on behalf of the two Americans who Duncan Kelly Pombo were held captive. He is here. I want Speaker pro tempore announced that Dunn Kennedy (MA) Pomeroy the ayes appeared to have it. Durbin Kennelly Porter the House to extend its appropriate re- Mr. GEPHARDT. Mr. Speaker, I ob- Edwards Kildee Portman spect for the work of our colleague. Ehlers Kim Poshard ject to the vote on the ground that a Ehrlich King Pryce f quorum is not present and make the Emerson Kingston Quillen point of order that a quorum is not Engel Kleczka Quinn SPECIAL ORDERS present. English Klink Radanovich Mr. SPEAKER pro tempore (Mr. Ensign Klug Rahall The SPEAKER pro tempore. Evi- Eshoo Knollenberg Ramstad MCINNIS). Under the Speaker’s an- dently a quorum is not present. Evans Kolbe Rangel nounced policy of May 12, 1995, and The Sergeant at Arms will notify ab- Everett LaFalce Reed under a previous order of the House, Ewing LaHood Regula sent Members. Farr Largent Richardson the following Members will be recog- The vote was taken by electronic de- Fattah Latham Riggs nized for 5 minutes each. vice, and there were—yeas 414, nays 0, Fawell LaTourette Rivers f Fazio Laughlin Roberts not voting 20, as follows: Fields (LA) Lazio Roemer The SPEAKER pro tempore. Under a [Roll No. 525] Fields (TX) Leach Rogers previous order of the House, the gentle- Filner Levin Rohrabacher YEAS—414 Flake Lewis (CA) Ros-Lehtinen woman from Florida [Ms. ROS- Abercrombie Barcia Bevill Flanagan Lewis (GA) Rose LEHTINEN] is recognized for 5 minutes. Ackerman Barr Bilbray Foglietta Lewis (KY) Roth [Ms. ROS-LEHTINEN addressed the Allard Barrett (NE) Bilirakis Foley Lightfoot Roukema Andrews Barrett (WI) Bishop Forbes Lincoln Roybal-Allard House. Her remarks will appear here- Archer Bartlett Bliley Ford Linder Royce after in the Extensions of Remarks.] Armey Barton Blute Fowler Lipinski Rush Bachus Bass Boehlert Fox Livingston Sabo f Baesler Bateman Boehner Frank (MA) LoBiondo Salmon The SPEAKER pro tempore. Under a Baker (CA) Becerra Bonilla Franks (CT) Lofgren Sanders previous order of the House, the gentle- Baker (LA) Beilenson Bonior Franks (NJ) Longley Sanford Baldacci Bentsen Bono Frelinghuysen Lowey Sawyer woman from Ohio [Ms. KAPTUR] is rec- Ballenger Bereuter Borski Frisa Lucas Saxton ognized for 5 minutes. July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7153 [Ms. KAPTUR addressed the House. So we have complicity at the top on your Federal budget in balance. It is Her remarks will appear hereafter in both sides, a complicity of silence. time for a change. I urge Members to the Extensions of Remarks.] So much of the campaign contribu- join me in this effort. f tions flow from the corporations that f are doing so well, and so few of the The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a previous order of the House, the gen- campaign contributions flow from the workers and the communities that are previous order of the House, the gen- tleman from Florida [Mr. CANADY] is tleman from North Carolina [Mr. recognized for 5 minutes. being devastated by this trade policy, this export of technology, this export BALLENGER] is recognized for 5 min- [Mr. CANADY of Florida addressed of jobs. It is time to admit that Amer- utes. the House. His remarks will appear ican trade policy is a failure. How can [Mr. BALLENGER addressed the hereafter in the Extensions of Re- anybody look at a string of annual House. His remarks will appear here- marks.] growing deficits in trade, every billion after in the Extensions of Remarks.] f dollars meaning 20,000 lost jobs here in f The SPEAKER pro tempore. Under a the United States of America and say previous order of the House, the gen- this policy is successful? GOP POSTER tleman from Massachusetts [Mr. There is only one major power in the OLVER] is recognized for 5 minutes. world we run a trade surplus with, and The SPEAKER pro tempore. Under a previous order of the House, the gen- [Mr. OLVER addressed the House. His that is Great Britain, because they are tleman from Illinois [Mr. RUSH] is rec- remarks will appear hereafter in the crazier about following the edicts of an ognized for 5 minutes. Extensions of Remarks.] economist that has been dead more Mr. RUSH. Mr. Speaker, I rise today f than 200 years, Adam Smith, than we are. They have opened more of their as a proud member of a body that was The SPEAKER pro tempore. Under a markets and their country to unfair created to allow for differences of opin- previous order of the House, the gen- trading practices than even the United ion and stands for the kind of biparti- tleman from Florida [Mr. GOSS] is rec- States of America has done. san debate and discussion that provides ognized for 5 minutes. Every other one of our major indus- for true representation of all Ameri- [Mr. GOSS addressed the House. His try trading partners and our not-so- cans. remarks will appear hereafter in the major trading partners, like Mexico, It is with great sadness and consider- Extensions of Remarks.] have figured it out. That is, that you able regret that I learned that my Re- f should have a trade policy that creates publican colleagues believe that, in wealth in your country, you should this great House, there is room only for ADDRESSING AMERICA’S GROWING have a trade policy that raises wages in their political opinions and their lock- TRADE DEFICIT your country, you should have a trade step ideology—an ideology that smacks The SPEAKER pro tempore. Under a policy that creates jobs in your coun- of racism, antisemitism, and sexism. previous order of the House, the gen- try, you should have a trade policy set And, as evident by the latest GOP tleman from Oregon [Mr. DEFAZIO] is up so that you do not run annual ac- fundraising tactic—a liberals ‘‘Want- recognized for 5 minutes. count deficits to the tune of $160 billion ed’’ poster—this is an ideology that Mr. DEFAZIO. Mr. Speaker, today we which puts your currency at risk in the provokes violence and the worst pos- had the latest in a round of disastrous world markets. sible kind of hatred. statistics relating to the United States All of our trading partners have fig- The Republican Party clearly knows trade policy. We ran a record 1-month ured that out. The Japanese laugh at no bounds when it eagerly targets law- trade deficit for May. We ran a near the things we do, the so-called conces- makers like myself and likens us to record with Mexico, over $1.5 billion. sions that the Clinton administration outlaws and criminals. We are headed toward a $20 billion got on auto parts. Spark plugs still How shameful, that in the age of ter- trade deficit with Mexico; $3.5 billion cost $8 in Japan, and the same spark rorism that has already struck in Okla- with that great bastion of democracy plug produced in the United States of homa City and has made a virtual for- and capitalism, the People’s Republic America still costs $1, and you cannot tress out of the Nation’s Capitol, the of China, a known terrorist nation, op- get that $1 spark plug into Japan or Republicans have made my picture into pressing its own people, putting United into a Japanese engine because they a virtual bull’s eye that dares any States citizens in jail, dealing in nu- say theirs are different. right wing extremist to take aim and clear weapons, and yet they still have They are not any different. What is to shoot. most-favored-nation status. different is they are protecting their I will not allow a bounty to be placed What is the response of the new Re- industry, they are protecting their on my head or on the heads of other publican majority, the Republican rev- jobs, and we have done nothing to open black, Jewish, hispanic, or female olution, those who were going to bring those markets. The statistics we got Members of Congress. Those of us change to Washington, DC? Do they today point to the further failure of whose faces are plastered on the GOP’s defy the established order, the order that policy. that has been imposed in Washington, It is time to begin thinking about a Wanted poster speak for thousands of DC, by Wall Street and the multi- new trade policy for this country. I am Americans who have sent us to these national corporations? Are they calling urging my colleagues to look at and hallowed halls so that their voices will for a change in this disastrous trade hopefully sign a letter which I am writ- be heard. policy? ing to the President, the Speaker of And even a gimmick as dirty and as We are headed toward a $170 billion the House, the majority leader of the sinister as this poster will not silence trade deficit this year. If we use our Senate and the minority leaders on our voices. own Commerce Department’s statis- both sides asking that we name a bi- We will continue to speak out loudly tics, that would mean over 3 million partisan commission to review and in- and clearly as the members of the loyal American manufacturing, family-wage vestigate our trade policy and formu- opposition who dare to take issue with jobs will be exported from this country late a policy that make sense as we Republican cuts in medicare; with Re- due to unfair foreign trade practices. guide this country into the next cen- publican proposals to do away with True, the Clinton White House, Mick- tury. student aid; and with a Republican ey Kantor, our Special Trade Rep- Mr. Speaker, we cannot go on forever agenda that seeks to disenfranchise all resentative, are complicit in this, also. piling $160 billion trade deficit on $160 but the handful of rich fat cats that fill In fact, they did something probably billion trade deficit any more than we the Republican coffers. George Bush could not have done had can go on piling $200 billion national It is with bitter irony that, after he been reelected, that is, getting both deficit on deficit year in and year out. spending much of my lifetime as a tar- NAFTA and GATT through the House You have got to get your trade in bal- get of the FBI, the Chicago police de- of Representatives and signed into law. ance the same way you have got to get partment, and others, my face appears H 7154 CONGRESSIONAL RECORD — HOUSE July 18, 1995 on a Wanted poster only after becom- Paxon and the other party honchos are de- It's time for those who instigated this effort ing a Member of Congress. And the in- fending their poster. Instead, they should be to recognize their mistake and apologize to dividuals who put me there are my own acknowledging it as a mistake and backing the people who they attacked and withdraw colleagues. away from what it implies as fast as they can move. this shameful effort. I and the American people have seen It's time for them to pledge to the American these Republican scare and divide tac- Ms. ESHOO. Mr. Speaker, I rise to speak people that it will never happen again. tics before. I well remember the days of out on something which never should have And it's time for them to heed the words of Watergate and Richard Nixon’s en- seen the light of day in our political processÐ President George Washington who wrote that emies list. Now it looks like NEWT a new low in tactics to raise money to win our Government should be one which ``* * * GINGRICH and the Republican Party has elections. gives bigotry no sanction; to persecution no their own hit list too. As part of a recent fund raising drive, the assistance.'' National Republican Congressional Committee Those of us who are targets of this f cheap shot are ready to fight back. has issued a special ``wanted'' poster. This But, ours will be a fair fight. poster features pictures of 28 Democrats who AUDIT OF THE HOUSE OF One that is based on the issues that it claims to be targeting for defeat because REPRESENTATIVES the American citizens who sent us here they voted against the Contract With America The SPEAKER pro tempore. Under a care about. 70 percent of the time. previous order of the House, the gen- Ninety Democrats have similar voting Mr. Speaker, I include for the tleman from Kansas [Mr. BROWNBACK] records, yet the Republican wanted poster RECORD an editorial from the Buffalo is recognized for 5 minutes. consists almost entirely of people who are sel- News, as follows: Mr. BROWNBACK. Mr. Speaker, on dom associated with Republican fund raising the opening day of this Congress, Janu- [From the Buffalo News, July 16, 1995] listsÐAfrican-Americans, women, Jewish- NASTY POLITICS FROM PAXON—POSTER ary 4, there were a number of needed Americans, and Hispanics. In fact, only 6 of reforms that were passed in this insti- TARGETS MINORITIES BUT DEMEANS GOP the 28 targeted Democrats are white men who The National Republican campaign ma- tution. One was an audit of the House are not Jewish. of Representatives. In looking back on chine, with a crude ‘‘wanted’’ poster, has Despite Republican protests to the contrary, that period of time, we were talking identified itself with racial politics again. this wanted poster is less about raising money This time it’s a Western New Yorker, Rep. then about, well, when was the last than it is about raising the ugly specter of rac- Bill Paxon, coming up with a gimmick that time that the institution of the House ism, sexism, and antisemitism. puts an ethnic face on ideas that should be of Representatives, the People’s House, debated on their own merits. It's all about appealing to the most base ele- ments of human nature. It's all about degrad- had been audited? The disproportionate loading of the now- We looked back and we looked back infamous poster with the faces of African- ing the opposition with thinly veiled personal and we looked back and found out it American, Jewish and female members of attacks. It's all about manipulating the political had never been audited before ever in Congress is hard to read as inadvertent. forces of division and hate. The poster says ‘‘liberal Democrats’’ who This wanted poster illustrates how far the the history of the institution. It is voted against at least seven out of 10 provi- party of Lincoln has fallen. about time, and that audit was re- sions of the Contract With America are its Today's Republican Party has been cap- leased today. A number of us as fresh- target. But the pictures below show a group men Members coming into this body that others might have chosen as dem- tured by the forces of extremism and intoler- ance. Moderate Republican voices are being had asked for and pushed for reforms of onstrating a positive picture of the diversity Congress, that the Congress itself had of this country—a diversity that is still all drowned out by a chorus of right-wing too poorly represented in the ranks of Con- ideologues who are far outside the main- grown imperial and aloof. gress. stream of American thinking. One of those things that it had failed By Paxon’s own statement, more than 170 This wanted poster sends several mes- to have done was audit itself. It asked Democrats ‘‘failed the Contract With Amer- sages. for that of all sorts of other institu- ica test.’’ Yet, of the 28 members pictured, 10 It says that while Pat Buchanan and David tions, both public and private, but not are black and eight are Jewish. Nine also are Duke may have failed in their efforts to win of itself. female. Those numbers in no way reflect the make- national public office, they have won the b 1945 hearts and minds of the national Republican up of the Democratic caucus or Democratic Mr. Speaker, the closet doors were Party. opposition to the contract’s regressive, coun- thrown open today with the audit com- terproductive provisions. It says that Republicans would rather run The poster was released as part of a fund- with Willie Horton than run on the issues. ing forth, and it revealed many prob- raising letter by the National Republican It says that Republicans are less concerned lems of the House of Representatives Congressional Committee. As head of the about controlling illegal immigration than they and skeletons in the closet, such as the committee, Paxon must take full respon- are about whipping up fear over Hispanics in- recordkeeping was so shoddy and hap- sibility for its divisive tenor. The Repub- creasing their presence in our communities. hazard that our auditor would not sug- licans should have learned their lesson after It says that women who stand up for the gest any definite conclusion on the re- the infamous Willie Horton campaign in 1988 right to choose should sit down and be silent. liability of the financial statements. linked the Democratic Party to minorities Oversight was so flexible as to be non- in a way calculated to frighten white voters. It says that the gay-baiting and bashing But here, the pattern seems to be repeated. openly practiced by Republican leaders in the existent. It was anything goes for some Paxon, who represents a carefully gerry- House and Senate is a deliberate policy, not Members in the past. mandered safe Republican district stretching a slip of the tongue. Mr. Speaker, computing services in from Amherst east to Auburn, has little to Finally, it says that Republicans are willing the House were woefully inadequate for lose personally no matter what campaign to inflame the anti-Government sentiment modern security needs, and accounting tactics he becomes identified with. But the which contributed to the Oklahoma City trag- practices were, in effect, run on an in- nation loses when politics sinks to a level edy instead of reminding people that public appropriate cash basis instead of an ac- that panders to ethnic fears. crual accounting basis to account for The selection of pictures says to the white service is a noble calling. male voters who increasingly make up the The Republican wanted poster dem- debts and earnings. Republican base that the GOP’s enemies are onstrates a dark side of the majority party and Congress must not operate in the the people who don’t look like them. their politics. These below-the-belt tactics have dark. A regular, independent audit cou- That, in turn, is likely to appeal to the no place in this Nation and its body politic. pled with the other reforms of the in- anger many on the economic margin already I think the Republican Party needs a new stitution will keep this place honest, feel over declining economic opportunities wanted poster, and here's what it should say: and we will begin to rebuild the peo- that Republicans want to blame on blacks ``WantedÐTolerance. Civility. Moderation. In- ple’s faith in this body. and women trying to penetrate the job mar- clusion. If found, please apply to the Repub- As much as I am disgusted by the re- kets. sults of the audit, I am proud to have The incident doesn’t say much for Paxon’s lican National Congressional Committee for re- confidence in the Republican platform or the ward.'' carried the bill authorizing the audit party’s ideology. The Republicans should Mr. Speaker, bigotry belongs in the trash bin to this floor in January. It was a good learn to rely on the power of their ideas to of American history, not in the envelopes of way to begin the year. The House audit win voters’ support. Republican fund raising letters. is the first and only comprehensive and July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7155 independent audit of House operations, Mr. JONES. Mr. Speaker, it is clear [Ms. BROWN of Florida addressed the something inconceivable in the recent that Bill Clinton and Dr. Kessler at the House. Her remarks will appear here- past. FDA did not get the message of the No- after in the Extensions of Remarks.] We are committed to regular audits vember 8th elections. f in the future, just like any other insti- The American people do not want The SPEAKER pro tempore. Under a tution. It is embarrassing to realize more regulations and more government previous order of the House, the gen- that the executive branch instituted in their lives. They want far less intru- tleman from New York [Mr. FORBES] is regular audits the year I was born. sion and far less regulation. recognized for 5 minutes. Congress in the past has betrayed the This latest attempt by the adminis- public trust. Now we have to ask, and tration to destroy the tobacco indus- [Mr. FORBES addressed the House. we must ask, to get that public trust try, through a regulatory power grab, His remarks will appear hereafter in back and to earn it back. An audit is is unprecedented and unwarranted. the Extensions of Remarks.] one way of doing that. We must push It is ironic to me, that the Clinton f reforms to the next level. We have al- administration wants to classify nico- FIRST AUDIT EVER OF THE ready instituted a number of the rec- tine as a drug. I think the administra- PEOPLE’S HOUSE ommendations made by the Price tion should spend their time and Waterhouse firm that did the auditing. money fighting the illegal drug trade, The SPEAKER pro tempore (Mr. We need to evaluate the remainder of that is destroying this country instead MCINNIS). Under a previous order of the those. of being so concerned about a legal House, the gentleman from Arizona This audit is one of the best indica- product which has been used since the [Mr. HAYWORTH] is recognized for 5 tions of real change in the Congress. founding of this country. minutes. People sent us here to change govern- The Federal Government has consist- Mr. HAYWORTH. Mr. Speaker, when ment, and we are doing it. ently used tobacco as their whipping I return home to the Sixth District of With this audit, Congress has taken boy, first trying to finance their big Arizona and visit with my constituents steps toward credibility with the government health care plan on the and talk to them about various issues American people. Congress must oper- backs of tobacco and now by trying to confronting this body and this Nation, ate in the open. As we legislate open- regulate them to death. the question always arises: What are ness and accountability for private Let me make it clear, no tobacco you in the Congress doing to take the companies and public institutions, we farmer or tobacco company is encour- lead? What differences have you made have to obey these principles ourselves. aging young people to smoke. As a by example? The old Congress didn’t obey these matter of fact the tobacco industry has Today in this Congress, we reaffirm rules. established programs to encourage one of those examples with the an- The auditors found in the last Con- young people not to smoke. In many nouncement of the privately conducted gress a shocking disregard for financial States, it is illegal to sell cigarettes to audit of this institution, the first ever, control, for institutional management, minors. the first in its history finally being and just pure common sense. The Clinton administration view is completed. For example, the audit showed that that they know what is best for the Unfortunately, some of the worst some of the Members overspent their American people. They believe that fears of the American people have been allowances for staff salaries, office ex- Government has an obligation to be confirmed with this report. Because penses, and official mail. It showed our big brother. you see, Price Waterhouse, the inde- Members being paid twice for their This is big brother at its worst. What pendent accounting firm with whom we travel expenses. If Congress were a next, prohibition of alcohol, caffeine, contracted to do the audit, said that business, an auto repair shop, a farm, a chocolate? the records were so poorly kept that bank, well, by the auditors’ own state- Ladies and gentlemen, adults over 18 they could not even make an accurate ments, they would not be able to get a make responsible decisions on caffeine, assessment of the problem. What a ter- loan and they would be bankrupt. If it tobacco, and alcohol every day. rible indictment of the old order, that was a public institution, it would have The Government has no business in this, the people’s House, had fallen into been violating laws since 1990. those decisions and the FDA and Com- such disrepair in terms of balancing It is time that these practices end, missioner have no authority to classify the ledger books, in terms of keeping and today we finally had the audit that nicotine as a drug. track of your money, that the inde- came forward with the information to The courts have consistently stated pendent accounting firm could not open the closet doors. This is only a that the FDA has no authority to regu- even issue any type of evaluation or ac- start. We have to continue these re- late cigarettes and it is time that curate opinion. In accounting parlance forms. We have to continue to open Kessler end this witch hunt on the to- the worst possible evaluation. this body up to the people so that they bacco industry and the tobacco farmer. The audit is rife with examples. The can look and see and hear and learn If Bill Clinton and Dr. Kessler had House Finance Office, an office which what all is taking place. ever held a real job, they would under- processes $700 million a year in salary This is taxpayer dollars, and this is stand the struggle that family farmers and expense checks using handwritten how the people’s decisions are being face. ledgers to keep records. Here in the in- made. We need to continue to open They would understand that the to- formation age, as we brought the that up. I am very proud that this first bacco farmer has to fight the elements House of Representatives on line and big step was taken today, to open up, and that most farmers work within a on the Internet through Thomas, as we and now we have to continue to push small financial margin. look to the technological advance- this forward. We have to aggressively Congress has already levied numer- ments in the computer age, and still in pursue those things that are put for- ous taxes on tobacco making the farm- this institution handwritten records. ward in this audit to be able to clean ers’ life even more difficult and his The opportunities for abuse were plen- up the People’s House. ability to make a profit even slimmer. tiful. The audit notes bills were paid Mr. Speaker, I am happy to hear of Again, I call on the administration to late, appropriations limits ignored. this audit coming forward, and I think stop the witch hunt of the tobacco in- Little accounting for the property and the American people will be most in- dustry and tobacco farmers and get on equipment belonging to this, the peo- terested in its findings. with the business of downsizing Gov- ple’s House, and with the computer ernment, reducing the debt, and imple- f program and the computer system that menting the mandate of the November does exist, significant security prob- ADMINISTRATION ATTEMPTS TO 8th elections. lems. DESTROY TOBACCO INDUSTRY f Now, be forewarned: It is almost im- The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a possible in the course of 6 or 7 months previous order of the House, the gen- previous order of the House, the gentle- to take this institution and automati- tleman from North Carolina [Mr. woman from Florida [Ms. BROWN] is cally put it on the right track. Cer- JONES] is recognized for 5 minutes. recognized for 5 minutes. tainly more remains to be done, and H 7156 CONGRESSIONAL RECORD — HOUSE July 18, 1995 there may even be a period of time here extremely vile and heinous, fecal-col- fearful, over a perceived lack of ac- where we are trying to move from ored, wild animal that inhabits Ameri- countability by Federal law enforce- these archaic, unrealistic accounting ca’s concrete jungles and walks upright ment, the time has come that we need practices to a fair, honest, and open on its hind legs, attempting to mimic to clear the air. system. The hard work may still be human behavior.’’ Then another one These hearings are intended to be a ahead of us in correcting this as an in- here: ‘‘Niggers destroy America.’’ part, to demonstrate how our system stitution. But I noted with great satis- It seems that in the quiet of their works. The members of these inves- faction that Members on both sides of homes, people find some kind of pleas- tigating committees seek to ascertain the aisle stepped up unanimously I be- ure in using the word ‘‘nigger.’’ Well, the truth. We seek to restore the con- lieve, if my math is correct and my you know, I have heard it all my life. fidence of the American people in their recollection correct, to vote for a reso- It does not bother me. But some people government. We seek to discover and lution approving of this audit and car- get off using that word ‘‘nigger.’’ That explore the events leading up to and in- rying on the business at hand. is what happens when you try and di- cluding what many consider excessive This morning, during the course of 1- vide a nation. That is what happens force by law enforcement. We seek a minutes, one speaker had the audacity when you try and divide a country. And more complete revelation of the details to pooh-pooh, I guess, just put down that is what happens when you put pol- of the Waco events. the audit process. I note with interest itics above all else and the bottom line The goal of these hearings is to dis- the Member voted for this resolution. I above all else and above all people. cover the truth, to seek the answers to appreciate his commitment there. But American people are smart, though, unanswered questions that linger, that the fact is that working together, and there is hope. even have festered since earlier hear- Members of both parties must remake I just received this letter from a ings. this institution in the image of the young woman in Gainesville, FL. She The surviving Davidians have been American people. Mr. Speaker, we are said, ‘‘Dear Congresswoman McKinney: tried in court, which yielded new infor- committed to that. I watched you this morning in regards mation and mixed verdicts. With re- to the idiotic poster the Republican f spect to individuals involved on all party distributed labeled ‘Wanted lib- sides, let the chips fall where they THE REPUBLICAN PARTY’S erals.’ I realize your office has been may. Those responsible for breaches of WANTED POSTER under attack recently, due to the Su- law or policy must be held accountable preme Court decision on redistricting The SPEAKER pro tempore. Under a for their abuses of power. and this most recent incident. As a previous order of the House, the gentle- Only by finding the truth can ac- young white female with all of the ad- woman from Georgia [Ms. MCKINNEY] is countability be secured. vantages of growing up in the upper recognized for 5 minutes. If abuses of the Government power in middle-class neighborhood of Gwinnett Ms. MCKINNEY. Mr. Speaker, 30 fact occurred, then we must take what County, GA, allow me to be the first to years ago, a little bit more than 30 we learn at these hearings and move say thank you for speaking the truth. years ago, the Republican Party put forward with steps that insure such The forces trying to tear you apart are out a wanted poster, and the day after abuses of Government power will not the same people who say that they are this poster was put out, our beloved occur again. trying to protect what I have. I have a President was assassinated. Mr. Speaker, I believe Government lovely home, I have a bright future, Well, old habits die hard. And so now has its proper roles. While we do not and I have a blessed life. I do not need we find that the Republican Party has need or want anarchy, we do not want protection for what I have. I need to once again put out a wanted poster. unlimited Government either, nor do know that other people will grant the Now, what is it that they expect to we want agents who breach our con- opportunity to achieve what I take for happen to the good people who are on stitutional rights or God-given rights. granted.’’ this wanted poster, people who are As a former young State’s attorney Mr. Speaker, I think the people get and Federal prosecutor, I worked close- elected by 580,000 people sent here to do the point. a job, and whose main business is to ly with Federal law enforcement per- f take care of their constituents back sonnel at all levels of government. I be- home and to make sure that this is in- HEARINGS CONCERNING THE lieve the majority of enforcement per- deed a kinder and gentler Nation. But BRANCH DAVIDIAN/WACO AFFAIR sonnel are honorable and only want to do what is legal and just. These hear- when you put on a wanted poster black The SPEAKER pro tempore (Mr. ings are not intended to bash any law folks, women, Latinos, certain white MCINNIS). Under a previous order of the enforcement in general or any agency males, and Jews, and you say that House, the gentleman from Tennessee in particular; at least, that is not my these are people who are aiding and [Mr. BRYANT] is recognized for 5 min- purpose in participating in these hear- abetting President Bill Clinton’s big utes. government, what are you really say- Mr. BRYANT of Tennessee. Mr. ings. ing? What you are saying to me, it Speaker, tomorrow we begin hearings Individuals make decisions, and indi- seems, is that there are too many in this House on the 1993 Waco inci- viduals should bear responsibility for black people in Congress, there are too dent. consequences of their actions. That many Jews in Congress. Mr. Speaker, ours is a Government of goes for criminal offenders and those in laws, not men. In order to preserve the fiduciary roles of Government. b 2000 rules of law, our citizens must be as- In the bigger picture, it is my hope There are too many women out of the sured that their government, its insti- these hearings will help to restore the house, in this House, making public tutions, its officials, and its law en- American people’s confidence in their policy. And what is the result of this forcement agents are accountable. Ac- Federal Government. This country kind of racist, anti-Semitic, divisive countability is the key to ensuring needs a healing, a renewal. politics? Something happens in the public confidence in the system in I look forward to these hearings and heartland of America, and I can tell order for all of us to live well. Con- to the healing effect that is so needed you what happens in the heartland of fidence in one’s government is essen- in this great Nation. Let us do our part America. I have received hate mail. tial to the long-term survival of that to restore the rule of law and the pres- This is just a sample of the hate mail government and to the peaceful life of ervation of liberty. that I receive: ‘‘Save America. Nigger that government’s citizens. f genocide.’’ Some people do not even The abuse of power threatens any so- have any feelings. They will sign their ciety. However, a government of laws THE TRAGIC CONSEQUENCES OF name. This one says, ‘‘You have a hell gives stability to a nation, a state, and THE ‘‘WANTED’’ POSTER of a nerve trying to tell the Supreme a community. The abuse of power is The SPEAKER pro tempore. Under a Court what they can and cannot do. tyranny. previous order of the House, the gentle- You lousy niggers.’’ I have another one Mr. Speaker, when a sizable portion woman from Florida [Mrs. MEEK] is that says, ‘‘Definition of a nigger: An of our citizens become concerned, even recognized for 5 minutes. July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7157 Mrs. MEEK of Florida. Mr. Speaker, I riod. I have been through the civil treacherous creatures regressing to your am one of 28 infamous, so-called infa- rights period. I have been through all natural state, Rwanda, Biafra, Somalia, Li- mous, people that appeared on the of these periods of racial hate. But I beria, South Africa, Mozambique, Ethiopia, fundraising poster that was put out by had to come to the great Congress of Los Angeles, New York, Washington, At- lanta, New Orleans, Miami, that is your leg- Mr. BILL PAXON of the Republican the United States to have the kind of acy. You will pay for what you have done. fundraising committee. hate poster and the hate mail which I We are enemies forever. No way around this It is respectable to be a Republican. have received here. fact. We cannot and will not coexist with There are many good ones who seek Do you know why? This kind of you animals. only good for all people. There are oth- thing, coming from the top of the I want to say to you, Mr. Speaker, ers who feel that it is not respectable party, sets a climate of lawlessness and and the rest of this House and the rest or to be respected to be racist or sexist. hate, and it provides the atmosphere of this country, we are God’s children It is truly disgusting what some peo- and the climate for people who want to like everyone else. We do not have to ple would do, Mr. Speaker, to raise po- divide this country, to be able to write tolerate this kind of bad literature litical money. Why, in this period of us here in Congress the kinds of hate that comes because it is stirred by the fear and discontent, uncertainty and mail and to give us the hate kinds of hatred from that poster. danger, when the country is still reel- calls, using our ethnicity as a cloak to f ing from the Oklahoma City bombing, form their hate. the unabolished threats and lawless, This wanted poster is not a healthy ORDER OF BUSINESS paranoid, violent people who can only sign. It is a sick sign. It is as much a Mrs. CLAYTON. Mr. Speaker, I ask express themselves by killing other reflection of our times as it is a prod- unanimous consent to address the people of defaming other people are in- uct of people who think in a sick way. House for 5 minutes. flicting pain and suffering? Why in this I have got my own wanted poster, Mr. The SPEAKER pro tempore. Is there unsettled and unsettling climate, Mr. Speaker, I want decent schools for the objection to the request of the gentle- Speaker, would someone put another people in this country, both black and woman from North Carolina? person’s picture on a wanted poster white and otherwise, and I want better Mr. KINGSTON. Reserving the right that looks like something the FBI education and training for young peo- to object, Mr. Speaker, would the gen- would put in a post office? ple. I want a way the senior citizens tlewoman tell us how many other This kind of thing can bring fear, can get help in their old age and get unanimous consent orders there may particularly to a woman’s heart who long-term care. I want that, Mr. Speak- be tonight? has to walk many times in dark places er. I want to make sure that parents Mrs. CLAYTON. I would not know. I and dark corners of this country. who buy food for their children, that am only asking for one myself. The reason why? The National Re- the meat will have the proper inspec- Mr. KINGSTON. Mr. Speaker, will publican Congressional Committee, tion so they can have good health. I the gentlewoman be the last one? under Mr. PAXON, tells us it is to raise want good health for all people of Mrs. CLAYTON. Mr. Speaker, there money. I do not think that is a good America. I do not want to think this is is one other. reason, Mr. Speaker. I guess he has a color-blind society. I know it is not. Mr. KINGSTON. Mr. Speaker, I ob- concluded that hate sells. But I want everything good for every- ject unless we can get a commitment Hate does not sell in this country, body. that this will be the last one, simply particularly when they are trying to I want to assure these older Ameri- because we have the first hour. We separate God’s people, those who are cans that they will not go bankrupt if would be happy to yield some time in black, those who are white, those who they get sick. My wanted poster is out the spirit of dialog, but inasmuch as are Jewish, those who are female. That there, Mr. Speaker, My voting record this is an orchestrated attempt, I do is not the way that our Maker would attests to that. It is composed of goals not know that we need to continue. have us go. So hate does not sell. that all of us should work for, not peo- Mrs. CLAYTON. Mr. Speaker, we are If that is the case, then I feel sorry ple to search, target, and destroy, be- the last two. for those who feel that that is so. cause of hateful literature. These people feel that it is OK to feed I thought that the Republican Party Mr. KINGSTON. Mr. Speaker, I with- hate and hysteria. They do not mind had come much further than Mr. draw my reservation of objection. The SPEAKER pro tempore. Is there advancing their cause by making en- PAXON has taken them, but I guess he emies of those who have honest dis- wants to revive the old Nixon enemies objection to the request of the gentle- agreements with them. Yes, I did not hit list. woman from North Carolina? vote for the Contract With America. I I call on the Republicans of good There was no objection. did not feel that I wanted to vote for faith to repudiate what Mr. PAXON has f many of the concepts of the contract. done. PERSONAL EXPLANATION Therefore, I voted against it. I have all kinds of hate mail. It is so I was told that was the reason why I much of it that I just make one or two Mr. KENNEDY of Rhode Island. Mr. was placed on the poster. That could excerpts from it to show you the kind Speaker, I am including in the RECORD not be further from the truth, in that of things that come from the kinds of following rollcall votes 517 through 525 there were 70 or 80 other people who things that are happening in the party an indication of how I would have voted the same way as I did. Yet their now, and it is throwing a very bad light voted had I been present, to be followed faces did not appear on the contract. on all the rest of us. ‘‘Sit down and with statements submitted for the What seemed to be the target on the shut up,’’ as if I were not elected by the RECORD. contract, on the poster, were people of people of Florida. They use the ‘‘b’’ I was away from Washington at work African-American descent, people of word throughout much of this stuff. I back in my district today. However, Jewish faith, and white women. Those cannot mention it in the hallowed hall had I been here I would have responded are the people who appeared on this of this House. They are saying; in the following manner for the rollcall poster. We are taking our Nation. We took it with votes on House Resolution 1977, Inte- But I want to say that the Repub- force of arms, defended it with force of arms, rior Appropriations for Fiscal Year lican Party should repudiate the likes and we will take it back with force of arms. 1996. of the kinds of ethics and techniques You and your filthy species are nothing. Roll call No. 517, Schaefer amend- that Mr. PAXON has used. He has not I say to them, my father and my ment, ‘‘aye; roll call No. 518, Chabot set a great example for this party. This forefathers helped to build this coun- amendment, ‘‘nay’’; roll call No. 519, was the party of Lincoln. This was the try. I will not take a back seat to any- Parker amendment, ‘‘nay’’; roll call party that freed the slaves. So cer- one. I will continue to voice my opin- No. 520, Zimmer amendment, ‘‘nay’’; tainly this is not a good way to depict ion on this floor of this House. roll call No. 521, Klug amendment, what their party stands for. They continue to say: ‘‘aye’’; roll call No. 522, Kennedy (MA), I have been in the public a long time. ‘‘You are primitive, childish, selfish, petu- ‘‘aye’’; roll call No. 523, on passage, I have been through the lynching pe- lant, demanding, dependent, arrogant, evil, ‘‘nay’’; roll call No. 524, ordering the H 7158 CONGRESSIONAL RECORD — HOUSE July 18, 1995 previous question, ‘‘nay’’; and roll call those organized band of thugs whose United States, his current administra- No. 525, agreeing to the resolution, purpose is to deny to some the rights tion, and those six trustees signed off ‘‘aye’’. that they demand for themselves. on the annual report of the Medicare f Again, Mr. Speaker, these are strong Board of Trustees report that said that words that I use—words that I do not by the year 1996 that Medicare would b 2015 ordinarily use on the floor of the be broken, by the year 2002 Medicare House. THE MOST WANTED POSTER would be bankrupt, if we do not deal But, unless we speak out against this with it. The SPEAKER pro tempore. (Mr. kind of dangerous and demeaning act, Now that report was consistent in MCINNIS). Under a previous order of the none of us will be able to enjoy the 1994, and it is consistent in 1995. That House, the gentlewoman from North fruits of this democracy. was the conclusion that, if we do not Carolina [Mrs. CLAYTON] is recognized I condemn this condemnable act in do something about Medicare, that it for 5 minutes. the strongest of terms. would be bankrupt by the year 2002. Mrs. CLAYTON. Mr. Speaker, re- f So, in the President’s plan he refused cently certain elements of the Repub- to deal with Medicare. The Republicans WE WANT TO MAKE MEDICARE A lican Party published a so-called we are choosing to deal with it so we BETTER SYSTEM ‘‘Wanted’’ poster, wherein twenty-eight can save Medicare for our children, for Democratic Members of Congress were The SPEAKER pro tempore. Under a our children’s children, for future gen- identified as targets. previous order of the House, the gen- erations. We know that there are peo- This callous, insensitive, and abhor- tleman from Oklahoma [Mr. WATTS] is ple today that depend on Medicare, rent act is offensive, repulsive, and recognized for 5 minutes. and, if we let this go unnoticed and do ugly. Mr. WATTS of Oklahoma. Mr. Speak- not choose to deal with this, we will I take this opportunity to use these er, we are debating here on the floor of have many, many people in this coun- strong terms because the ‘‘Wanted’’ the House or we are having discussion try, especially the senior citizens, that poster targeted a particular group of going on concerning Medicare, and I will be crippled tremendously if we do Members. have got a couple of charts here that I nothing about this. Twenty-two of the twenty-eight want to share. Mr. GEKAS. Mr. Speaker, will the Democrats are African-American, His- I want to read, my colleagues, a gentleman yield? panic, Jewish or female. quote. Today Medicaid and Medicare Mr. WATTS of Oklahoma. I yield to Apart from those classes of individ- are going up at three times the rate of the gentleman from Pennsylvania. uals, there was no other rhyme, reason inflation. We propose to let it go up at Mr. GEKAS. Mr. Speaker, I am very or rational relationship to reasonably two times the rate of inflation, not happy to stand here and to commend put these Members in a group—refer to three times the rate of inflation. But the gentleman for bringing to the at- them as ‘‘Wanted’’—and lace the poster this quote says the person that made tention of the American people the sta- with language such as aiding and abet- this statement said that we are propos- tistics that you have offered here this ting—suggesting that these public ing to let it go up at two times the rate evening. We have been struggling for a servants should be associated with of inflation rather than three times the long time, and you are helping us now, criminal allegations. rate of inflation. That is not a Medi- struggling to get the message across to I was not on the list, Mr. Speaker, care or Medicaid cut. So, when you people to be, contrary to the propa- but this act was insulting to me as an hear all this business about cuts, let ganda that we have heard about the American and should be insulting to me caution you that that is not what is cuts in Medicare and Medicaid, and the every American who favors freedom, going on. We are going to have in- gentleman has gone a long way in dis- democracy and the way we function as creases in Medicare and Medicaid and a pelling the doubts that are out in the a Government and as a people. reduction in the rate of growth. American public. I wanted to commend More than an affront, this act was a President Clinton, 1993. him for that. very sad deed. I find that it is interesting, Mr. Mr. WATTS of Oklahoma. There is a Congressman PAXON claimed that the Speaker, that when we talk about Med- hundred billion dollars in the Medicare faces on the ‘‘Wanted’’ poster were cho- icare and Medicaid it seems as though system that was spend in the year 1994, sen because of their voting records. when Republicans talk about Medicaid and 44 billion of that was fraud. We Another spokesperson claimed that and Medicare and we are slowing down want to cut the fraud. We want to the faces were chosen because of their the rate of growth, it seems that that made Medicare a better system. We geographic location. is a cut. However, when the President want to preserve it for our children, Still another spokesperson claimed talk about slowing down the growth in our children’s children, for the future the faces were chosen because they Medicare or Medicaid, then that seems of America. were from areas deemed winnable by to be an increase. Republican strategists. I want to share with you a chart here f The fact is that it would appear that from 1995 through the year 2002 and THE STATUS OF THE MEDICARE little or no thought was given to this just wanted to illustrate what the dol- PROGRAM IN THE UNITED STATES disgusting act. lar figures are concerning the Medicare Perhaps this act was driven by the spending and the plan that is before The SPEAKER pro tempore. Under same attitude that created Willie Hor- America. In 1995, we will spend $178.2 the Speaker’s announced policy of May ton during a recent Presidential cam- billion. Now, Mr. Speaker, that is per 12, 1995, the gentleman from Ohio [Mr. paign. beneficiary, per month, about $401. In HOKE] is recognized for 40 minutes and The fact is that among the faces on 1996, we will spend 191 billion; 1997, 201.8 the gentleman from Florida [Mr. BILI- the ‘‘Wanted’’ poster are African-Amer- billion; 1998, 213.8 billion; 19999, 226.3 RAKIS] will be recognized for 20 minutes icans, Hispanics, Jewish Americans and billion; the year 2000, 238.9 billion; the as the designees of the majority leader. women who won their last elections year 2001, 255.4 billion; and in the year Mr. HOKE. Mr. Speaker, tonight dur- with as much as three-fourths of the 2002, 274.1 billion. ing the time that we have allotted in vote in their districts. Now the per beneficiary/per month, the leadership hour for special orders I Few of the faces represent districts dollar amount goes from $401 a month have asked some of my colleagues to that could even remotely be considered in the year 1995 to the year 2002, going help me talk about the status of the politically vulnerable. to $561 a month per beneficiary, and I Medicare program in the United States This poster appealed to the worse ask the American people, ‘‘Where is the and to try to elucidate for the Amer- kind of sentiment we can imagine. It cut?’’ ican people exactly where we are at, appealed to emotions that brought us Mr. Speaker, the Medicare Board of where we are going, what our respon- bull dogs and billy clubs in past years. Trustees, and three of these trustees sibilities are and how we are going to And, it appealed to emotions that are—six total—three of these trustees meet those responsibilities, and I am have brought us Oklahoma City and were appointed by the President of the going to, before I yield any time to my July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7159 good friends, I want to read a little bit similar to yearly renewable term insur- long-range financial condition of the from this report. ance, health term insurance. Partici- Medicare programs and an acceleration This report, Mr. Speaker, is called pants pay premiums that in 1994 cov- in the projected dates of exhaustion in the Status of the Social Security and ered about 30 percent of the costs. That the related trust funds, but to some ex- Medicare Programs. It is a summary of means the other 70 percent of the cost tent the increasingly adverse projec- the 1995 annual reports of the Social is covered by the taxpayers out of the tions have come from unforeseen Security and Medicare Board of Trust- general fund of the United States. events and from the absence of prompt ees. It is a very important report be- b 2030 action in response to clear warnings cause what it does is it forms the basis that changes are necessary. of all the problems that we have got The rest is paid for by the Federal ‘‘These adverse trends can be ex- with Medicare in the U.S., and frankly Government. pected to continue and indicate the The 1995 monthly premium is $46.10 I urge all Americans to call their rep- possibility of a future retirement crisis resentatives at (202) 224–3121 and ask per month. How is the financial status of the as the U.S. population begins to age for a copy of this report. Particularly trust funds tested? Several tests, based rapidly. We urge that concerted action senior citizens will be interested in on the intermediate assumptions, are be taken promptly to address the criti- this. used to review the financial status of cal public policy issues raised by the fi- Let me read to you a little bit about nancing projections for these pro- it. It is called A Message to the Public. the trust funds. There is a short-range test, a long-range test, and a future grams. The Federal Hospital Insurance HI outlook test. ‘‘We feel strongly that comprehen- Trust Fund which pays inpatient hos- And, finally, although the trust fund sive Medicare reforms should be under- pital expenses will be able to pay bene- ratio line for the part A fund is over taken to make this program finan- fits for only about 7 years and is se- the 100 percent level at the beginning cially sound now and over the long verely out of financial balance in the of the 10-year period, it falls below that term.’’ long range. The trustees believe that level in 1995, and, as a result, it does This is from three members of the prompt, effective and decisive action is not meet the short-range test. President’s Cabinet, the Commissioner necessary. This is signed by six trust- Under the intermediate assumptions, of Social Security, and two other peo- ees: Robert Rubin, Secretary of the the projected year of exhaustion for ple nominated, appointed, by the Presi- Treasury; Robert Reich, Secretary of the HI Trust Fund is 2002. Under more dent and confirmed by the Senate. Let Labor; Donna Shalala, Secretary of adverse conditions, as in the high-cost me repeat it. Health and Human Services; Shirley alternative, it could be as soon as 2001. We feel strongly that comprehensive Medi- Chader, the Commissioner of Social Se- The cost rate for the part A trust care reforms should be undertaken to make curity; Stanford Ross and David Walk- fund is higher than the income rate. this program financially sound now and over er, both trustees. We are spending more than we are tak- the long term. The focus should be on mak- ing Medicare itself sustainable, making it Now what are the trust funds? There ing in by rapidly growing amounts are four trust funds that have been es- compatible with Social Security and making throughout the 75-year projection pe- both Social Security and Medicare finan- tablished by law to finance Social Se- riod, and by the end of the period the cially sound in the long term. curity and Medicare. For Medicare, the cost rate is projected to be roughly And, finally, we strongly recommend that Hospital Insurance Trust Fund HI pays three times greater than the income the crisis presented by the financial condi- for hospital and related care. This is rate. tion of the Medicare trust funds be urgently often called part A, for people that are The conclusion is that the status of addressed on a comprehensive basis, includ- over 65 years old and workers who are the Medicare program can be summa- ing a review of the programs’ financing disabled. The Federal Supplementary rized by looking at the results of the methods, benefit provisions and delivery Medical Insurance Trust Fund; this is mechanisms. Various groups should be con- tests used to evaluate the financial sta- sulted and reform plans developed that will the SMI Fund, pays for physician and tus of the trust funds and the number not be disruptive to the beneficiaries, will be outpatient services, often called part of years before each trust fund is ex- fair to current taxpayers who will in the fu- B, for people that are 65 and over and pected to be exhausted under the inter- ture become beneficiaries, and will be com- workers who are disabled. mediate assumptions. patible with government finances overall. Who exactly are the board of trust- Here are the conclusions, and my col- We strongly recommend that the crisis rep- ees? These are six people who serve as leagues will not be able to see this, but resented by the financial condition of the trustees on the Social Security and what they say is that the Social Secu- trust funds be urgently addressed on a com- prehensive basis. Medicare Boards, Secretary of the rity Trust Fund will not be exhausted Treasury, Secretary of Labor, Sec- for 36 years. At that point, it will be These are the words of three mem- retary of Health and Human Services, exhausted, in 36 years; the Disability bers of the President’s Cabinet, the the Commissioner of Social Security Insurance Trust Fund, in 21 years; the Commissioner of Social Security, and and two members appointed by the combined trust funds in 35 years of two other individuals appointed by the President and confirmed by the Senate those two. But the Hospital Insurance, President and confirmed by the Senate. to represent the public. The Boards are the Part A Trust Fund, will be ex- Mr. GEKAS. Mr. Speaker, would the required by law to report to the Con- hausted in seven years. gentleman yield? gress each year on the operation of the It will be able—and here are the writ- Mr. HOKE. I would be happy to yield trust funds during the preceding years ten conclusions. ‘‘The Part A trust to the gentleman from Pennsylvania. and the projected financial status for fund will be able to pay benefits for Mr. GEKAS. Just as I expressed to future years. only about 7 years and is severely out the gentleman from Oklahoma for tak- So this report is all about the finan- of actuarial balance. Because of the ing the floor and telling the American cial status of Medicare in the United magnitude of the projected actuarial people the truth about the situation in States of America in the future, and, as deficit in the program and the high Medicare, I want to commend the gen- you will see, they have various sce- probability that the trust fund will be tleman for recapitulating this issue narios that they are required to follow exhausted just after the turn of the this evening. to let us know exactly what the status century, the trustees urge the Congress Now, let us get this straight. The will be. to take additional actions designed to President of the United States says How are the trust funds financed? control Part A program costs and to that Medicare, and the positions that Well, the trust funds are financed in address the projected financial imbal- he has undertaken with Medicare, do different ways, but the HI Fund, the ance in both the short range and the not constitute cuts in Medicare. Rath- hospital insurance fund that is part A, long range.’’ er, they are slowing the increases of ex- is financed by a tax on earnings. It is This is the section that is called, ‘‘A penditures in Medicare under his plan. unlimited. Beginning with 1994 the Message from the Public Trustees: The That is No. 1. taxes are paid on total earnings with Need for Action.’’ Mr. HOKE. That is correct. That is no ceiling at 1.45 percent. The part B ‘‘During the past 5 years, there has exactly correct. He has said very clear- program is financed in a way that is been a trend of deterioration in the ly that he is not, we are not, nobody H 7160 CONGRESSIONAL RECORD — HOUSE July 18, 1995 is—the Republicans are not suggesting in either 6 or 7 years, depending on can see that we are going to run out of cuts in Medicare but, in fact, slowing which scenario one buys into from money. We are going to exhaust the the rate of growth in Medicare. their report, it is about to engulf sen- funds. Mr. GEKAS. So the President says ior citizens. And one of the things you will hear that and the gentleman from Okla- Mrs. SMITH of Washington. Will the claim is that somehow tax increases homa has indicated the Republican gentleman yield? will have some impact on this trust plan says that, that we are not inter- Mr. HOKE. I would be happy to yield fund. The reality is, it will have no im- ested in cutting Medicare. Nobody ever to the gentlewoman from Washington. pact whatsoever because the tax on threatened to do that, but, rather, we Mrs. SMITH of Washington. I lis- earnings that funds the Part A Trust have to fix the problem, and one of the tened to the debate, the one today and Fund at 1.45 percent of the employee’s ways to do it is to recognize that we the one I have been hearing on and off earnings is set. It is fixed. And nothing must slow the growth of Medicare. all day. It seems like every time some- short of changing that law will make OK, so now we have the President of one stands up, they say, The sky is any difference. the United States and we have the Re- falling. So it does not matter if we increase publicans in the House of Representa- I want people to know out there who taxes, income taxes, or decrease them. tives saying the same thing. are relying on Medicare that your bills It has no effect on the trust fund. Now, did not the President—I ask the are going to be paid tomorrow and they Mr. FOX of Pennsylvania. Will the gentleman from Ohio, did not the are going to be paid the next week and gentleman yield? President say all these things way in do not worry. A lot of the scare tactics Mr. HOKE. Be happy to. advance of the report to which the gen- are to scare you into reacting. Mr. FOX of Pennsylvania. Congress- tleman has referred this evening from I do know that if we do not fix this man HOKE, I think the gentleman is on the trustees? system that there will come a time target with a very important reality Mr. HOKE. That is correct. where we cannot pay bills. That same here as well. We know from the biparti- Mr. GEKAS. So now we have the con- report states the law. This trust fund san task force, even the President’s firmation of what could be determined was set up for Medicare to be a trust secretaries of different agencies, that by the Democrats as a Republican po- fund when the money runs out; it can- Medicare will run out of money in 7 litical ploy to say these things, or even not pay any more bills. There is years. But we in the Republican major- if they want to counter their own enough money there and there is ity of Congress are not going to let the President who said these very same enough money coming in from people’s money run out. things, but now how do the Democrats, payroll checks, that is where the As Congresswoman SMITH had stated, who are opposing all of these programs money comes into, then it pays your we are going to look for the initiatives of the Republicans, how are they de- medical bills. There is enough money from within the Congress and also the scribing the report of the trustees? I now. public. I have formed, and many other have not heard much. It goes into a problem next year, Congressmen on our side of the aisle Mr. HOKE. I have not heard them folks, and we can draw to that trust and others, a Medicare Preservation talk much about the report of the fund for awhile, but just like your sav- Task Force. The fact is that health trustees. Apparently, the Democrats ings account that is giving you interest care costs generally are going up 4 per- think that they can score political gain each month, you are maybe living off cent a year, but Medicare is going up 10 by misrepresenting or distorting or in of the interest, when you get into the to 12 percent a year, and part of that is some way not telling the truth about principal, it can run out. And what is the fraud. Medicare and the problem. going to happen is it is going to run Mr. HOKE. May I interrupt for a Mr. KINGSTON. Will the gentleman out. minute because I think that that fact yield? Now, do not let anybody scare you, the gentleman just mentioned really Mr. HOKE. I would be happy to yield but do what seniors are doing all over gives room for a tremendous amount of to the gentleman. this Nation, come and tell us how. You hope with respect to the ability to save Mr. KINGSTON. Does the gentleman have told us some things that are Medicare. Because what are we trying have the Democrat plan, the Gephardt right. Fraud and abuse is right. I am to do as Republicans? We are trying to plan, or the Daschle plan or the Clin- finding terrible things in the system. save, we are trying to preserve, pro- ton plan? But I do not want to also tell you that tect, and in fact improve it, make it Mr. HOKE. Yes, I do. Is that the plan it is very—— even better. you are referring to? The SPEAKER pro tempore. Gentle- Mr. FOX of Pennsylvania. Exactly. Mr. KINGSTON. That is the plan I woman shall sustain. Members are re- Mr. HOKE. If the gentleman is telling have heard that is out there, and that, minded of the policy of the floor that me that in the private sector we have we have laughed about this for a long when you address the House, you are to got health insurance—I am sorry, time, and today there still has not been address Members of the House. You are health care inflation at 4.5 percent, 4 a plan offered to save or protect Medi- not to address the viewing audience. percent, and in the public sector we are care by the administration, even Just a gentle reminder. The gentle- at over 10.5 percent, it seems to me though it is the administration who re- woman may proceed. that we ought to be able to follow the ports it is going broke. Mr. HOKE. Will the gentlewoman lead of the private sector here and get Mr. HOKE. I think it is important yield for a moment? that inflation down. that we start out with the fundamental Mrs. SMITH of Washington. Cer- Now, what we are doing is terms of understanding, the premise that there tainly. out own projections? is a crisis. We did not make up the cri- Mr. HOKE. I think what the gentle- Mr. FOX of Pennsylvania. The fact sis. We did not create the crisis. We woman is talking about with respect to is, if the gentleman would yield, $44 have not been running this place. But the exhaustion of the trust funds is billion, billion, that is, with a B, $44 the fact is, there is a crisis. It is right shown pretty clearly by this chart. billion is in waste, fraud, and abuse be- here, honestly. As the gentlewoman can see, we have tween Medicaid and Medicare. Now, if I urge all senior citizens to call up got about $150 billion in the Part A we can attack that problem and make their representative. They can get a trust fund right now. This is what I the changes within this House and the copy of this at (202) 225–3121, (202) 224– was just reading about earlier. By the Senate, then we will go a long way to- 3121, I think they both work, and ask year 2002 or 2001, depending again on ward preserving Medicare and making for a copy. It lays out the crisis. The the scenario, here is the zero line. You sure we give the kind of health care for crisis is real. can see that we are depleting that our seniors that we want to give. It seems to me, Mr. KINGSTON, that it trust fund and that it goes down to Mr. KINGSTON. If the gentleman would be grossly irresponsible for zero. And then 2003, 2004, these are ac- would yield, the gentleman knows on elected Members of Congress not to do cording again to the projections of the waste, fraud, and abuse, most of it something about a financial crisis that annual report, and this chart is di- probably—I am not sure what the is about to affect—and I mean about— rectly out of that annual report. You breakdown is—actually Medicare legal, July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7161 meaning if a person, and this happened ticularly helpful is that we are slashing wants to stay in it exactly as it is in the district I represent, that a Medicare, cutting Medicare. You typi- today. I think that it is very important woman needed her stitches removed, an cally hear this during debate on the that senior citizens know that, that elderly woman on Medicare, and an floor. One of the things we get to do in they understand and they expect that, ambulance—because the transportation these special orders is we get to dissect and they can look forward to that and was provided, an ambulance picked her an issue and look at it more carefully, be confident that they know that their up at her house and instead of taking thoughtfully, and reflectively as op- representatives in Washington, that her to a hospital in her town, took her posed to in a rhetorical and demagogic the Republicans that are now in con- to a hospital in another town, and in- fashion. trol of the Congress, are committed to stead of billing $200, billed about $1,200, The question here is where is the cut. that. I think it is also important for and Medicare pays that. This tells you exactly on a yearly basis them to know that we are considering It is legal, and it is never argued, it how much the per-beneficiary per- various options that will give them is never checked, it is never ques- month amount goes up. Here in 1995 we choices with respect to Medicare that tioned. And one of the things that we are spending about $401 per beneficiary, will in fact not only preserve it, which think would help protect and preserve per senior citizen on Medicare per we are committed to doing, but will ac- Medicare is to crack down on those month. That goes up in 1996 to $423, in tually improve it. Maybe we could talk kinds of just absolutely wasteful prac- 1997 to 440, up until the year 2002, it is about some of those choices that we ex- tices that show that people running $561. Per year it goes from about $4,800 pect to see in the future. certain businesses want to take advan- to over $6,800. That is a substantial in- For example, one of the choices tage of Medicare, have the ability, and crease. In fact on a compounded basis would be HMO-type programs, the we need to stop that. it is about 6.5 percent per year. managed care model where you become Mrs. SMITH of Washington. Will the This amount, by the way, this per- a part of a network that provides ev- gentleman yield? beneficiary, per-month, it takes into erything. There are managed care pro- Mr. KINGSTON. Yes. account that we are going to have grams today under Medicare in Flor- Mrs. SMITH of Washington. The task more people coming in than are going ida, for example, where everything is force that we had in our district, we out. When you think about it, this is covered, including prescription drugs, have a task force and then we had 900 one of the big problems not only with which right now is not a Medicare ben- people come in and talk to us about Medicare but with Social Security as efit, and in some programs even optical Medicare so far, elderly people. They well. That is, that the number of work- benefits are covered. have come up with one overriding ers per beneficiary in 1995 is 3.3. But Mr. FOX of Pennsylvania. I believe thing that is a problem, and that is the number of workers per beneficiary hearing aids would also be available their ability to read their bills. And in the year 2025 will be 2.1. through the managed care. they find that when they can figure out Mr. KINGSTON. If the gentleman Mr. HOKE. I do not know if it is in what is going on, they are their own will yield, we have a lot of things we any of these programs, but it certainly best watchdogs. are trying to resolve and address at could be. So I think one of the best things that once. But one of the things we are try- Mrs. SMITH of Washington. If the has come to me from them is better ing to do is deregulate businesses so gentleman will yield further, I am readable billing. Now, that is pretty that they can expand and create more hearing some scary things out there. simple, and if they could be their own jobs. We are also trying to get people Some people do not want to go into watchdogs, they could look for mis- who are able-bodied off of welfare so managed care. I think what I like in takes, duplicate billing, and sometimes that they will go out in the workplace. here at this point in the debate, not be- some really gross things. In doing that, what we are going to do tween the two of you, but in Congress I just found one, in looking at one of is increase revenues and then have that is that most people are saying that the reports, of a man who is dying who worker-to-retiree ratio go up. Because should be an option. If you choose that had $8,000 in therapy that would never many, many years ago it was a 19-to-1 option and it is a little less costly, we apply to a man in his condition billed ratio, and the 3.3 is scary enough. We are going to give you more benefits in to him in 1 month. Now, that are need to actually increase the number that option. But if you choose to have things like that going on, and yet, or workers to retirees, not just for another option that is a little more when people cannot understand their practical purposes like in Medicare but costly, you may need to share in the own bills, then they have got a prob- to decrease the welfare rolls, decrease cost of a more costly option. But you lem. Sure does seem that that is a com- the rolls on public assistance in gen- still have a choice. monsense thing that the people have eral, increase revenues, self-esteem, I think the most exciting thing that brought to us that we should be able to and make the world a better place so I see coming is we are going to have op- deal with. that everybody can enjoy the socio- tions the seniors have not had before. I economic mainstream of America. think we are going to have better b 2045 Mr. FOX of Pennsylvania. If the gen- plans. I look at it, and I am going on Mr. HOKE. Certainly one of the tleman will yield, just to carry forward six grandkids so I have a little bit to go things that we are looking at and con- what the gentleman from Georgia [Mr. but not as long as some of you. I look sidering is to give beneficiaries per- KINGSTON] just said, not only have we at it not on choices. In fact, I want sonal incentives to scrutinize those in the Republican majority here in choices now. I want the next 10 years bills and to ferret out themselves the Congress made inroads on welfare re- for me to develop a plan where I can way that they would look at a bill from form, we also did it with regulatory take care of myself and I can transfer the dry cleaner or look at a bill from and legal reform, all ways to help busi- and not have Medicare. Maybe I can the phone company. nesses grow, produce and hire and help buy my own private plan. Those are Mrs. SMITH of Washington. Have you us be able to find the funds for actual some of the things we are talking tried to look at those bills? I challenge services to make sure that Medicare, about. Not just those that are on but you to take a look at a hospital bill which is going to help people in their those coming on and then the younger billed under Medicare. But you are health care, in fact, have the quality of ones who are just coming into the work right. They need to look at that. life they want but decrease the number force. What do we do about them? It Mr. HOKE. Those people also need to of bureaucrats that we have in Wash- would be irresponsible to not consider be given incentives to do that. That is ington and the bureaucracy in Wash- that. We are looking at all three age one of the things we are considering. It ington. I think we want to go to direct levels. is important. services and less regulation. Mr. KINGSTON. One of the things I have another chart here I want to Mr. HOKE. I think one of the things that I think is very, very important, just talk about for a moment. One of that is important to emphasize as we and the gentlewoman has certainly the things you will hear a lot about on talk about the Medicare debate is that touched on it, is that with our senior the rhetoric and the demagoguery on we are absolutely committed to keep- citizens, more than options, they want this issue that I do not think is par- ing the current system for anyone who certainty. We are going to provide for H 7162 CONGRESSIONAL RECORD — HOUSE July 18, 1995 that certainty by strengthening and Mr. KINGSTON. I think that is a Mr. HOKE. Excuse me? The House protecting Medicare from a financial good point, because in this debate, I has never, ever, ever, ever, in its entire standpoint. Then for the folks who know there are a lot of people on one history been audited by an outside want options, it is going to be out side of the aisle who do not want to auditor. there if they want it. Then for health admit that Medicare is in trouble, but Mr. KINGSTON. How often do busi- care in general, as the gentleman from let us just say that the responsible ap- nesses get audited? Pennsylvania [Mr. FOX] said earlier, proach is to say the Clinton trustees Mr. HOKE. Once a year. Publicly the Medicare inflation has been so have said Medicare is going broke. traded companies must be audited once atrocious compared to the private sec- Now, what are we as Members of Con- a year and they must file reports with tor or the normal medical inflation, gress going to do about it, not as mem- the SEC. that we are going to work on health bers of the Democrat or the Republican Mrs. SMITH of Washington. If the care reform in general, portability of Party but as Members of Congress, gentleman will yield, is this a private coverage so that you can move if you what are we going to do about it? Then audit? This is not just something we are in a managed care plan from one to you have a choice in here. Are you did ourselves. Did we hire these people, the other, if you are in the traditional going to work for Medicare or are you pay them? fee-for-service insurance plan, you can going to work for mediscare? I think Mr. HOKE. We hired one of the Big move from that to another, if you want there are people who have decided it is Six accounting firms, Price Water- to have a medisave option where you more politically expedient—— house, to conduct this audit. are willing because of your economic Mr. HOKE. Excuse me, did you say Mrs. SMITH of Washington. Every- bracket to take a higher deductible and Medicare or mediscare? one knows Price Waterhouse. pay more of the front-end cost on your Mr. KINGSTON. I think we should Mr. HOKE. They came in, and I do own to reduce your premium but still put that on the easel so people can see not know how many people came in. have catastrophic coverage, you can do it. I think it is very important that They must have had a team of 20 or 30 that. But the great effect of that is ac- people know that 435 Members of Con- accountants who came in and went tually to help the marketplace become gress can take the choice. Are they through the books. That is what they more competitive because people will going to work for Medicare or are they do. They go over the ledgers literally start shopping around and seeing where going to work for mediscare? One is po- page by page. they can get the best buy on a lot of litical and one is responsible. Mr. FOX of Pennsylvania. If the gen- health care services. Mr. HOKE. Let me wrap this up be- tleman will yield, every State govern- There are a lot of exciting things cause there is another subject I would ment, local government, and school that are going on out there, but it is all like to get to. We only have 10 minutes board has to audit. The House has going to be built on a solid bedrock of left in our portion of this hour. I do never audited before? certainty for our valued seniors who want to emphasize once more that I Mr. HOKE. We have never had an ex- are on Medicare. would strongly urge senior citizens, ternal audit, from an external auditor. Mr. HOKE. If the gentleman would people about to become senior citizens, We did have an internal audit. I am yield on that point, I think this idea of and anybody that is particularly inter- told it was in 1954. That was the last different options is very important. ested in this problem, and it is a prob- time we had an internal audit of the I also want to say to the gentle- lem for every American, particularly House’s books. woman from Washington, I think you tax-paying Americans, because the fact Mrs. SMITH of Washington. Good are absolutely right with respect to is that health care is the fastest grow- enough to hold us that long, huh? HMO’s and managed care. It is a funny ing segment of the Federal budget. Call Mr. HOKE. Apparently yes. Let me thing. The biggest problem that people your Representative, 202–224–3121, and read some of this. It is stunning. This have with managed care is the concern ask for a copy of the ‘‘Status of the So- is the report of the independent ac- that they will not be able to be treated cial Security and Medicare Program countants, Price Waterhouse. by their own doctor. I think that is a Summary.’’ It is a 14-page summary. It The House lacks the organization and very real concern. It certainly is a con- will explain why there is a real prob- structure to periodically prepare financial cern that I take seriously. When you lem and why it would be absolutely ir- statements that even after significant audit survey you find that people who are adjustment and reconstruction are accurate responsible of us not to deal with that and reliable. The House Clerk’s report is a able to keep their own doctor going problem. into an HMO are much, much happier voluminous quarterly document that lists AUDIT OF THE HOUSE OF REPRESENTATIVES over 90,000 disbursements, but it does not with that situation. But I think it summarize the disbursements in logical would be absolutely wrong to force Mr. HOKE. Mr. Speaker, I want to change the subject, if I may, to some- groupings or accounts, does not accumulate anybody to be a part of some program them beyond one quarter or otherwise place that they do not want to be a part of. thing that was released just today, the them in a context that could be easily under- Mrs. SMITH of Washington. If the House audit which was called for by stood. The individual financial reports of gentleman will yield, I was just pictur- Republicans on the first day of the House units were of limited use to under- ing a person that is very close to me. If 104th Congress. I am going to read very standing the finances of the house as a whole she is listening, she will know who it briefly from the report of the Price because they only constituted small compo- is. It is a family member. Her doctor is Waterhouse independent auditors of nents of the House. The statement of ac- countability which purportedly accounted in an HMO, not a system with many the U.S. House of Representatives. Mr. KINGSTON. If the gentleman for all House transactions reported collec- doctors coming together for a managed tions and disbursements in broad account system but an actual HMO. She is would yield just before you do that, au- categories but little else. None of the finan- happy there, she does not worry, she diting exactly what, or generally what? cial information or statements periodically feels good. Mr. HOKE. What they are doing is produced by the House’s financial and ad- We need to make sure that anybody they are auditing the books of the ministrative units were suitable for report- that is somewhere they feel good and House of Representatives. We spend in ing consolidated information in an accept- safe gets to stay there and that we pro- the House, to run your office, my of- able financial statement. tect and preserve that. The last thing fice, the office of the gentleman from Finally, let me read the conclusion, we want in all of this is for anyone to Pennsylvania [Mr. FOX], the office of because this is the most stunning part: be out there being afraid that they will the gentlewoman from Washington Because the House’s accounting and re- not be able to be taken care of. The [Mrs. SMITH], and all of the various porting methods were outdated and of lim- mongers that would blow this into an business organizations of the House, ited utility, the accompanying financial issue politically will try to scare peo- the committees, the committee struc- statements required significant adjustment ple. I think I can safely say the people ture, all of the benefits, all of the peo- to attempt to conform them to generally ac- cepted accounting principles. However, the I am working with on both sides of the ple that run this, $700 million per year. shortcomings in the House’s information aisle will leave very secure those peo- That is the budget. Think about that. systems and the weaknesses in its internal ple that rely on Medicare. Those that Mr. KINGSTON. Is this an annual control structure were so severe that they rely on it can still rely on it. audit that is done every year? affected the availability and reliability of July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7163 the data and information supporting the fi- base, which is exactly what we are is near and dear to my heart, to join nancial statements. Those conditions also committed to doing. him on that issue. made it impractical for us to extend our I think we would be remiss in not f audit procedures to the degree necessary to pointing out two things: No. 1, that determine the effect that these shortcomings might have had on the House’s financial this audit was taken under the first GENERAL LEAVE statements. Republican Congress in 40 years; and, Mr. BILIRAKIS. Mr. Speaker, I ask No. 2, that we made the promise to the b 2100 unanimous consent that all Members American people that we were going to may have 5 legislative days in which to For the reasons stated, we are unable start out the 104th Congress with an revise and extend their remarks and to to and do not express an opinion as to audit, and that is exactly what we did. include extraneous material on this whether the supplemental schedules It is another promise made, another subject of my special order. are fairly stated in relation to the con- promise kept. The SPEAKER pro tempore (Mr. solidating financial statements taken Mr. KINGSTON. If the gentleman MCINNIS). Is there objection to the re- as a whole, and we do not express an will yield, was this done on an inven- quest of the gentleman from Florida? opinion on these consolidating finan- tory and on a cash basis? Because my There was no objection. cial statements. That is the worst situ- question that I am leading to is, did we ation, I don’t know, are any of you count the number of personal comput- f CPAs? ers? Did we count the papers? Is there CYPRUS: 21 YEARS OF DIVISION Mrs. SMITH of Washington. Will the inventory missing? And is there cash gentleman yield? missing? Is the cash done on an accrual The SPEAKER pro tempore. Under a All I can tell you is if my business basis, is it done on a cash basis, or previous order of the House, the gen- had that kind of an audit, I could never could the auditors even tell one way or tleman from Florida [Mr. BILIRAKIS] is get a loan again. I think what it says is the other? Because what I am really recognized for 20 minutes. there can be no beginnings. I looked at hearing is, they gave up and they said, Mr. BILIRAKIS. Mr. Speaker, I that, and I am like the person with the this is just too much of a mess. thank the gentleman for yielding me shovel, you know, digging and looking Mr. HOKE. Well, they tried to do it the time. I also thank the gentleman for the pony. properly, and I don’t think they really and commend the gentleman and the Mr. HOKE. Looking for the pony. gave up. What they did is they kind of others for basically sharing the facts Mrs. SMITH of Washington. And I and the truth regarding the Medicare looked at it and I thought, some things threw their hands up in despair and frustration and said, we can’t give you picture with our viewers out there. were obvious. Even before we came in Mr. Speaker, Thursday, July 20, in January, we started making the kind of report that you wanted. Mr. KINGSTON. Well, if the gen- marks the twenty-first anniversary of changes, we started digging around, we the illegal invasion and occupation of started opening up files and we started tleman will yield, Price Waterhouse also does the audit for Washington, DC. Cyprus by Turkey. I rise here today, as closing things that were not efficient. I have since I first came to the Con- We started looking at the mail room, Did they say that this was comparable? Mr. HOKE. My understanding was gress in 1983, to remind us all of this we started looking at the way things sad day in the history of the Republic were done. that the books for Washington, the District of Columbia, were in much of Cyprus. My understanding is that this audit We must all be reminded that the said certain things should change. We better shape than the books for the Congress. Green Line, separating the northern are already doing a lot of them. But I part of the island—some 40 percent and do not think we will ever know for sure I will read one other thing from this, Turkish-occupied—from the free por- all of what happened between the 1954 because I think it is interesting. It tion is the only wall remaining in the audit and the 1995 audit. That is a long says the House used cash basis ac- world dividing a country. time. counting as its primary means of man- What I would like to see us do is go aging its financial resources and pre- We must be reminded that our con- forward. I would love to see us look at paring internal and external financial duct here in this Congress has played a this and say, we are a new Congress, we reports. major part in ensuring that wall con- want to go forward. So I was excited to This meant that the House tracked tinues to stand. see that we were not going to mess when it received or spent cash, but not On July 20, 1974, 6,000 Turkish troops with the results. We were going to turn what liabilities or legal obligations or and 40 tanks landed on the north coast them over to an independent counsel commitments it was incurring, or the of Cyprus. Turkish forces captured al- and let anybody else deal with them value of the assets properly recorded, most 40 percent of Cyprus, representing outside of this place so that it was not accumulated and reported in accord- 70 percent of the country’s economic political. I like that, and it kind of ex- ance with the rules, policies and proce- health. cited me that we were already starting dures that are established by the House As a result of Turkey’s illegal inva- along the path to repair. itself. sion, 1,619 people have never been seen Mr. FOX of Pennsylvania. To follow Mr. KINGSTON. So perhaps we can again. Among these 1,619 missing indi- up with what Congresswoman SMITH get somebody from the Washington, DC viduals, five are United States citizens. just said, the fact is we just passed a City Council to come show the House In addition, more than 200,000 Cyp- resolution unanimously in this House how to take care of the books. riots were forcibly driven from their this afternoon giving the Inspector Mr. HOKE. Perhaps we can. homes. They are now refugees—a peo- General the authority to move forward Mr. KINGSTON. Not necessary any ple without a home. to make the kinds of changes we need. more, is it? Today, Turkey continues its occupa- Because in the report, if I can just fol- Mrs. SMITH of Washington. Let’s do tion of the northern portion of Cyprus, low up, the appropriations limits were better than that. maintaining more than 35,000 troops ignored, bills were paid late in the Mr. HOKE. I want to extend my ap- and some 65,000 settlers there. As I pre- House, House property and equipment preciation to the gentlelady from viously mentioned, a barbed wire fence, was unaccounted for, and there were Washington [Mrs. SMITH], the gen- known as the Green Line, cuts across significant security problems with tleman from Pennsylvania [Mr. FOX], the island separating thousands of their own computer system. So these and the gentleman from Georgia [Mr. Greek Cypriots from the towns and changes, in order to really help our KINGSTON] for participating with me in communities in which they and their country and to lead by example, I this special order. families had previously lived for gen- think it is good that we have this kind Mr. Speaker, I want to yield the bal- erations. of audit and that we actually do the ance of this hour at this point to the As you might guess, this has led to follow-up, as Congresswoman SMITH gentleman from Florida [Mr. BILI- frequent incidents and disputes—and in just stated. RAKIS] to discuss Cyprus. I hope that I the near future, the settlers and occu- Mr. HOKE. I think that is right, and will have an opportunity, since it just pying troops will outnumber the indig- that we now have audits on an annual happens that this is also an issue that enous Turkish Cypriots. H 7164 CONGRESSIONAL RECORD — HOUSE July 18, 1995 At this point, Mr. Speaker, I am the United Nations a bold and innova- sight of his parents when they were pleased to yield to the gentleman from tive proposal calling for the demili- there on vacation. They are from Pennsylvania [Mr. GEKAS]. tarization of the island-nation. In ex- Michigan, and he has never been seen Mr. GEKAS. I thank the gentleman. change for the withdrawal of Turkish since, never been accounted for. The As usual, the gentleman from Florida troops, Cyprus offered to disband its Turkish Government refuses to cooper- has gone to extra lengths to bring a national guard, transfer the national ate or give any information about his vital issue to the floor and to utilize guard’s military equipment to an en- whereabouts, and certainly he puts a the special auspices of the special order larged U.N. peacekeeping force and use very real and personal face on this to get across a vital message. the money saved from defense spending tragedy. The gentleman has begun his presen- for development projects that would I thank you for your leadership and tation with talk about refugees, and benefit both communities. Unfortu- what you are doing. I agree with the about an act of aggression. The inva- nately, the Turkish side rejected Cy- gentleman from Pennsylvania that sion was a bold and dastardly act of ag- prus’ proposal. enough is enough, and it is time to act. gression, was it not? The answer is yes. At this point, Mr. Speaker, I would I will answer my own question. yield to the gentleman from Ohio [Mr. b 2115 Refugees became one of the results of HOKE]. Mr. BILIRAKIS. I thank the gen- this act of aggression. Missing persons Mr. HOKE. I heard what you said, Mr. tleman and thank him for his interest is another disaster that came directly BILIRAKIS, about the Turkish troops. during all the time you have been here because of that act of aggression. Does Are these Turkish Cypriot troops, or in the Congress and on all of the other not this remind you of what is happen- are these Turkish troops who have Hellenic issues, and we appreciate your ing in Bosnia? been exported to Cyprus and are occu- concern and your caring, I say to the Here we have a situation where an pying the island. gentleman. act of aggression resulted in refugees, Mr. BILIRAKIS. Clearly exported to Mr. Speaker, tomorrow we will have in missing persons, in atrocities of Cyprus. another chance when the House Inter- every kind of description. The United Mr. HOKE. Clearly. There are 35,000 national Relations Committee begins Nations passed resolutions dealing di- Turkish troops that are standing on its mark-up of House Concurrent Reso- rectly with the Bosnian situation. Here the north side, that are an occupying lution 42, introduced by my colleague we are in turmoil and dismay at being force on this island that was at one from New York [Mr. ENGEL] and of unable to do anything about what is time an island paradise that is now di- which I am an original cosponsor. happening in Bosnia. vided. They are using, as I understand This important resolution calls for Well, we could have all predicted the situation, they are using Cyprus as the demilitarization of Cyprus and in- that if only one would set that same a bargaining chip in their own designs sists that all parties to the dispute re- eyeglass on the Cyprus situation: an and insecurities about their own do- garding Cyprus agree to seek a solution act of aggression, ethnic cleansing, ref- mestic situation and the longtime based upon relevant U.N. resolutions, ugees, dastardly atrocities, missing problems that they have had with the including provisions of Security Coun- persons. The United Nations passed Nation of Greece generally. cil Resolution 939. Resolution 939 reaf- resolution after resolution to try to do They use Cyprus as a way to get at firms that a solution to the Cyprus something about it. Their inaction Greece and create untold misery for problem be based upon a State of Cy- there, in my judgment, laid the the Greek Cypriots who live on that is- prus with a single sovereignty, citizen- groundwork for the inaction that they land. I know of one situation particu- ship and international personality. are now undergoing in Bosnia. larly in Famagusta where 60,000 people Mr. Speaker, I yield to the gentle- I am sick of it. I no longer can toler- lived in Famagusta, which is just on, woman from New York [Mrs. ate even a gentle discussion on the Cy- as I understand it, and correct me if MALONEY], who has truly been an inspi- prus situation. How can the world com- I’m wrong, but it is just on the north ration on this issue. side of the green line. munity coalesce behind a Desert Storm Mrs. MALONEY. Mr. Speaker, I want Now, 21 years ago at the time of the situation to help Kuwait regain its to first thank the gentleman from invasion by the Turks of the island of independence, and indeed, enlist the Florida for once again organizing this Cyprus, this city was evacuated; 60,000 aid of Cyprus in that effort, and then special order. tolerate a continuing act of aggres- people were forced to flee from Mr. BILIRAKIS is a true champion of sion? Every single minute that that Famagusta and that is now an aban- human rights and justice and has been force occupies the northeastern part of doned city. Nobody is in it. There are an inspiration to many of us as we at- Cyprus is an act of aggression repeated these 60,000 people in exile of the tempt to solve the problems of the and repeated. Famagusta municipality. beautiful island of Cyprus. Let us do something about this. We It seems to me that it really is time argue about it, we debate it, we pass that we began to identify the genuine The past few years have seen great resolutions, we send letters. The source of the trouble over there. We advances in peace and human rights Bosnian situation will never be solved, talk a lot about human rights in this throughout the world. nor will the Cyprus situation ever be body; we talk a lot about our concern The end of the cold war, the triumph solved, unless the resolve, as evidenced for self-determination and the concern of democracy in South Africa, and the by the individuals who will be speaking that we have that nations be allowed movement toward peace in the Middle this evening, is mounted into legisla- to have their own rights. East and Northern Ireland have been tive action here in the Congress of the Here we are with a situation in Cy- beacons of hope for us all. United States. prus where the Turks have invaded In light of these advances, the situa- I thank the gentleman for yielding. that beautiful nation where Moslem tion on Cyprus is all the more tragic. Mr. BILIRAKIS, I thank the gen- Cypriots and Christian Cypriots got This island remains divided by the tleman for his remarks. along for centuries side-by-side, and continuing shackles of occupation and While I am saddened by the anguish now for the past 21 years they have oppression. that the invasion and occupation has not, and the Turks again are using This week, we commemorate the 21st caused the people of Cyprus, I am also them as a pawn. anniversary of the 1974 illegal Turkish inspired and encouraged by their un- There are 1,619, as I understand it, I invasion of Cyprus and its occupation daunted spirit and determination as think that is the correct number, peo- of 37 percent of the island. they have endured this tragedy. ple who are still missing and unac- The continued presence of 35,000 In fact, the government of cyprus has counted for from that invasion that Turkish troops represents a gross vio- persisted in making every possible ef- took place 21 years ago, and of those, lation of human rights and inter- fort to reach a just and lasting solu- five were American citizens, including national law. tion. one who was a young boy, or young During the invasion, almost 200,000 Most recently, in December of 1993, man at the time, just in college, who Greek Cypriots were expelled from the Cyprus government submitted to was snatched away, literally in the their homes. They were removed from July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7165 the land that had been theirs’ for gen- statements with respect to the Law of Over the past few years, we have witnessed erations. Their property was con- the Sea Treaty. This important treaty tremendous changes around the worldÐthe fiscated. has been signed by nearly 200 nations, fall of the Berlin Wall, the beginning of rec- Worst of all, 1,614 Greek Cypriots and including the United States and onciliation in the Middle East and the end of 5 Americans were seized by Turkish Greece, but Turkey has not only re- Apartheid. It is my sincere hope that soon we troops and remain unaccounted for to fused to sign, but has threatened war if will be able to add Cyprus to that list of places this day. Greece asserts its legitimate rights. where peace and freedom have triumphed. I’ve shared the pain of some of my We must continue to support the $15 Mr. MANTON. Mr. Speaker, I rise today to own constituents in Astoria, Queens million earmark for economic and join my colleagues in this important special whose beloved family members are still peace-enhancing assistance for Cyprus, order marking the 21st anniversary of Turkey's missing. On this issue, there can be no and I’m pleased that this aid was in- invasion of Cyprus. At the outset, I want to compromise. We will never give up cluded in the recently-passed Foreign thank my colleague Mr. BILIRAKIS for organiz- hope that people like Chrisaci Loizoi, Operations bill. ing this important special order to commemo- Andrew Kassapis, and George Finally, the United States must be rate this anniversary. Anastasiou will be accounted for. mindful of a variety of Turkish abuses, The division of Cyprus has the distinction of I’m pleased that last year Congress even the ones that do not receive head- being one of the most intractable in the world passed, and the President signed into lines. For example, the gentleman from today. Since Turkey first invaded Cyprus in law, a bill which directs the Depart- Florida and I have introduced a House 1974, 1619 people including eight Americans ment of State to conduct an investiga- resolution to protect the Eastern Or- last seen alive in the occupied areas of Cy- tion into the whereabouts of the five thodox Ecumenical Patriarchate. prus have never been accounted for. We must Americans that are still missing. In recent years, there have been ter- not let the passage of years weaken our re- But we must do more. Human de- rible terrorist attacks on the Ecumeni- solve to pressure the Turkish government to cency demands that we use all means cal Patriarchate premises in Turkey. provide answers to the families of the missing. at our disposal to account for all of the In addition, religious schools have been We cannot forget their suffering continues. 1,619 who are missing. shut down and freedom of religion Mr. Speaker, last year, when marking this For this reason, I was particularly threatened. solemn anniversary, many of us felt hopeful pleased to play an active role in the Mr. Speaker, I want to conclude by that this conflict would soon be resolved passage of an amendment to the For- thanking my colleagues, for once again peacefully through the auspices of the United eign Operations bill offered by my joining in this special order. Nations. Today, while I applaud the efforts of friend and colleague Mr. PORTER that We must continue to rise each and United Nations to resolve the issue of the con- would cut $25 million in United States every July to commemorate these ter- tinuing division of Cyprus, I am very frustrated economic aid to Turkey. rible events and to fulfill our obliga- by Turkish leader Rauf Denktash's stubborn By a decisive vote of 247 to 155, this tion to the missing in Cyprus, and all resistance to meaningful negotiations. Its not House spoke out loud and clear that the Cypriot people that we will never just Greek Cypriots and their supporters who Turkey must be forced to pay a price forget their plight. think Denktash has been unreasonable. for its continuing human rights viola- Mr. BONIOR. Mr. Speaker, I'd like to thank In December of 1993, in an effort to facili- tions and its refusal to act in good my distinguished colleague, Mr. BILIRAKIS, for tate a peace resolution of the problem, Presi- faith on the Cyprus issue. organizing this commemoration of a sad and dent Clerides submitted to the United Nations The House did the right thing when it frustrating anniversary. a thoughtful and innovative proposal calling for passed the Porter amendment. Twenty-one yearsÐfor many American the demilitarization of Cyprus. In exchange for I am also pleased that the Clinton ad- young people, it's a coming of age. But for ministration is taking concrete actions the withdrawal of Turkish troops, Cyprus Cypriots, and for us tonight, its a reminder that would disband its National Guard; transfer the on a variety of issues of importance to on July 20, 1974, Turkish troops invaded their the Hellenic community. National Guard's military equipment to the island and began a military occupation. United Nations peace keeping force; and the The President’s appointment of a Today, 35,000 Turkish troops remain on Cy- money saved from Defense spending for de- special emissary to Cyprus, Mr. Rich- prus. They occupy one-third of the island. In a velopment projects that would benefit both ard Beattie, was an important develop- chilling reminder of the Berlin Wall, a barbed communities. Demilitarization would alleviate ment. Mr. Beattie, and the special em- wire fence known as the Green Line cuts the security concerns of all parties and sub- issary to FYROM, Matt Nimitz, have across Cyprus, separating thousands of Greek stantially enhance the prospects for a peaceful both visited my district and spoken at Cypriots from the towns and communities in resolution of the problem. Once again the heavily attended town hall meetings. which their families have lived for generations. The actions of the President and the As a result of the invasion 21 years ago, Turkish side rejected Cyprus' efforts toward Congress to help secure the release of thousands of people were killed, more than ending the tragic unacceptable status quo. In the ‘‘Omonia Four’’ represent another 200,000 people were expelled from their April of this year I was proud to join my col- example of progress in Greek-American homes, and today, more than 1,600 remain leagues as a cosponsor of House Concurrent relations. Many of us in this Chamber missingÐincluding five Americans. Resolution 42, which calls for the demilitariza- tonight worked very hard to gain the Instead of helping us to locate the missing tion of Cyprus. I urge my colleagues to join freedom of these ethnic Greeks who and enter negotiations aimed toward unity and me as a co-sponsor of this very important leg- were unfairly imprisoned in Albania. freedom for Cypriots, Turkey today continues islation. Just this afternoon, several of us met to keep troops on the island. The United States Government has always at length with Ambassador Richard U.S. Secretary General Boutros Boutros- supported a just and lasting solution to the Cy- Holbrooke and other top State depart- Ghali just last month called Turkish-occupied prus problem. It is important for the Congress ment officials and urged them to con- northern Cyprus ``one of the most highly milita- to continue to firmly support the people of Cy- tinue to press Turkey to come to a so- rized areas in the world.'' prus by pressing Turkey to remove its illegal lution on Cyprus. Most disturbing of all, when you look at the occupation force and to work constructively for And there are additional revenues for amount of United States dollars flowing into a resolution of the problem in accordance with the supporters of Greece and Cyprus to Turkey today, it is nearly identical to the the relevant U.N. resolutions and agreements take to keep Turkey’s feet to the fire amount of money Turkey spends to keep between the two sides. A just and lasting solu- on these important matters. those troops housed in Cyprus. tion to the problem will benefit both commu- I strongly support the March 6 accord So in effect, American taxpayers are paying nities on Cyprus, stabilize the often tenuous which will set a firm timetable for Cy- to keep Turkish troops housed in Cyprus. relationship between Greece and Turkey, as prus’ accession to the European Union. Until Turkey begins to remove its troops well as constitute a significant step towards Conversely, the United States should from Cyprus, we have no business sending peace in the unstable eastern Mediterranean condition the admission of Turkey into aid to Turkey. That is why I strongly supported region. the European Customs Union on an im- the Porter amendment to the foreign oper- Mr. Speaker, I want to take this opportunity provement on Turkish human rights ations appropriations bill. to commend the Secretary General for his tire- and progress on the Cyprus issue. The Turkish government must know that the less efforts to resolve this issue. I also want to We must likewise carefully monitor division of Cyprus will continue to be an obsta- recognize the Greek Cypriot people for their recent Turkish actions and bellicose cle to better relations with the United States. valiant commitment to resolving this conflict, H 7166 CONGRESSIONAL RECORD — HOUSE July 18, 1995 despite the seeming bad faith shown by the There are still 1,619 people missing as a re- Government on the necessity of withdrawing Turkish side. It is my hope that this will be the sult of the occupation. Five of these missing from Cyprus without further delay. Regrettably, last year members must join to discuss the persons are American citizens. This is an out- Prime Minister Ciller appears to be in a weak longstanding problems of the people of Cy- rage. position, unable to reign in recalcitrant ele- prus, that next year we may join to celebrate In the time since the Turks have taken over ments among Turkey's political and military the end to this conflict. Until that happens, the Cyprus the situation there has steadily wors- establishment. But the fortunes of the people Turkish government must know we in the Unit- ened. The widespread violence and violations of Cyprus must not be held hostage to internal ed States will continue to mark this anniver- of human rights can not be ignored. Action Turkish political problems. sary and speak out for rights of the missing. must be taken to amend these horrible trav- Twenty-one years is too long a time. There Mr. DELLUMS. Mr. Speaker, 12 months esties. are now young people coming of age in Cy- have passed since we last recognized, and re- For some time I have been interested in the prus who know nothing other than the experi- minded ourselves that July 20, 1974 marks situation in Cyprus. I have supported legisla- ence of living in a divided society. For this the occupation and division of the Republic of tion which would require an investigation into next generation what can guide them in learn- Cyprus. One of the tragic consequences of the whereabouts of United States citizens and ing to accept life with a neighboring but dif- that invasion and occupation is the continued others missing from Cyprus. Another bill I ferent culture? Time is running out for the pos- `disappearance' of almost 2,000 people. have supported would prohibit all United sibility of achieving a peaceful settlement. The The passing years only add to our enor- States military and economic assistance for people of Cyprus now have to ask themselves mous embarrassment that although there is a Turkey until the Turkish Government takes re- if the enmity between the two communities is great deal of evidence to indicate that these sponsibility for its actions in Cyprus and com- truly worth the price of a divided nation. individuals were arrested by Turkish military plies with its obligations under international As we approach the 21st anniversary of personnel during the invasion and subsequent law. I hope there will soon be a resolution to Turkey's invasion of Cyprus, let us call on the occupation, that we, the international commu- the problems in Cyprus once an for all. world community to help resolve this problem nity, have not been able to negotiate or pres- Mr. GILMAN. Mr. Speaker, today's Special of a divided and occupied Cyprus. sure the Turkish government into releasing Order on Cyprus comes on the eve of the 21st Mr. FAZIO. Mr. Speaker, this week marks any information on these individuals. anniversary of the brutal invasion by Turkish the 21st year of the occupation and division of This 21st anniversary of that occupation troops. I congratulate my friend, the gentleman the Republic of Cyprus. This island nation that presents us once again with the opportunity to from Florida [Mr. BILIRAKIS] for organizing this gained its independence from Great Britain support the work of the United Nations nego- Special Order. The international community is over three decades ago was invaded by Tur- tiating team's efforts to persuade Mr. Glafcos still faced with the fact that in excess of key in 1974. Since the invasion, northern Cy- Clerides, President of the Republic of Cyprus, 30,000 Turkish military personnel remain on prus has been in the grip of foreign occupa- and Mr. Rauf Denktash, Turkish Cypriot lead- the island to enforce an illegal partition and to tion, a siege marked by violence and blood- er, in reaching an understanding on obtaining protect a self-proclaimed government that has shed. information on these detainees. been recognized by only one other countryÐ Over 1,600 peopleÐamong them 5 United As always, I am honored to stand with my Turkey itself. States citizensÐhave been missing since the Those of us in Congress who have sup- colleagues in calling upon the President to island was divided after the invasion. They re- ported a negotiated settlement to the dispute continue to work with the United Nations in re- main unaccounted for. Their families have no which has led to the division of Cyprus are solving the issues of territorial control in Cy- idea whether they are sick or well, dead or painfully aware of the complexities of the prus, in gaining knowledge of the 1,619 inno- alive. issue, the injustices committed, and particu- cent people still missing and in achieving their I want to once again profess my support for larly the suffering over these many long years eventual release. a negotiated peace on Cyprus, and for the re- of the Cypriot people on both sides of the Mr. ANDREWS. Mr. Speaker, this Thursday unification of this Mediterranean nation which will mark the 21st anniversary of Turkey's in- Green line. Indeed, Cyprus has become a code-word has been our faithful ally over the course of its vasion on the peaceful, self-governing island for stale-mate and intractability in international history. Lastly, Mr. Speaker, I wish to thank of Cyprus. For 21 years, Turkey has tried to diplomacy. my colleague from Florida, [Mr. BILIRAKIS] for make the island its own. It has done this by Last year, the House passed H.R. 2826, his devotion and dedication to the Cyprus installing 80,000 illegal colonists, by maintain- which provides for an investigation by the issue. Every year, Mr. BILIRAKIS is instrumental ing over 30,000 heavily armed troops on the President of the whereabouts of persons mis- in calling this special order and providing us island, and by moving 200,000 Greek Cypriots sion in Cyprus since 1974. The resolution of with an opportunity to reaffirm our commitment from their homes. Through 21 years of hard- the long lingering question of the whereabouts to the innocent victims and families of Cyprus' ship, the people of Cyprus have held on to a of 1,619 personsÐincluding 5 AmericansÐ occupation, as well as to an end to the turmoil hope for peace and for the return of their is- needs to be resolved. The United Nations has and conflict under which Cypriots are forced to land. Their purpose has not been revenge, but been looking into this matter since the early live. I am, as always, pleased to join my col- negotiation and reconciliation. Here in the 1980's. But has not solved a single case. I un- leagues in recognition of this solemn anniver- House of Representatives, we have the oppor- derstand that former Ambassador Bob Dillon sary. tunity to help the cause of justice. I urge my who has had long experience in the region will Mr. FILNER. Mr. Speaker, I rise today to colleagues to support House Concurrent Res- head an investigative team. I hope the admin- join my colleagues in commemorating a tragic olution 42, calling for demilitarization of Cy- istration and President Clinton will diligently eventÐTurkey's military invasion of the Re- prus. I encourage them to cosponsor H.R. pursue an investigation that can provide to the public of Cyprus in July 1974. But I think we 3475, legislation I have introduced that would families and friends of the missing, some long all agree that the even greater tragedy is the reduce United States aid to Turkey by overdue, answers. It is also hoped that the fact that 21 years later, Turkey's illegal occu- $500,000 per day until that country complies governments of Turkey and Cyprus will co- pation of northern Cyprus remains in place with several conditions, including progress to- operate fully in providing all available informa- and the suffering of the people of Cyprus con- ward withdrawal from Cyprus. As saddened as tion to the President as he conducts this in- tinues. I am by their plight, as dismal as their treat- vestigation. Driven from their homes and villages, brutal- ment by a foreign force has been, we should Old history and grievances must be placed ized, and denied information as to the fate of all be inspired by the patience, courage and behind us as we seek to resolve the division over 1,600 loved ones missing since the inva- faith shown by the people of Cyprus. Let us of Cyprus. I hope and pray that both sides of sion, the people of Cyprus have patiently co- make this the year when the people of Cyprus the problem will reach within themselves to operated with international negotiatorsÐfor 21 once again can govern themselves with peace find and resolve to settle this persistent prob- years) in the hopes of securing a peaceful co- and dignity. lem. The Greek Cypriots have demonstrated existence. Mr. SCHUMER. Mr. Speaker, I would like to both, the flexibility and the spirit of com- Mr. Speaker, Greek-Americans in San applaud and express my gratitude to my fellow promise in recent rounds in U.N. sponsored Diego and across the United States also share colleagues for conducting this special order to talks. The international community and the in the agony created by the occupation of Cy- acknowledge the 21st anniversary of the Turk- U.N. should recognize this as we reevaluate prus. They agonize about mission friends and ish occupation of Cyprus. our tactics in the light of the most recent fail- family, the destruction of the Greek Cypriot This year, the Members of the House meet ure to move beyond the current situation. culture and the denial of access to ancestral again to remember this sad day and to de- I have urged and will continue to prod the homelands now occupied by the Turkish nounce the atrocities taking place in Cyprus. administration to do more to focus the Turkish Army. These people have suffered too long. July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7167 And so, together with the Greek-American The situation in Cyprus deserves our atten- its illegal occupation of the island with a force community, I urge Congress and the adminis- tion. of over 30,000. tration to adopt a far more active role in press- As a country at the crossroads of the great As we gather here to remember those who ing the Turkish Government to withdraw its civilizations of Europe and the Middle East, have died, as well as those who today live in troops from Cyprus, end the human rights Cyprus has long been an island where people a divided country, we must also be sure to abuses there and provide a full accounting of from all these civilizations and cultures min- vigorously communicate our determination to those who are missing. gled freely and in harmony. persevere until Cyprus is once again free. We It is time we let Turkey know that a peaceful Twenty-one years ago, the population of Cy- must continue to point out, as I and my fellow resolution to this crisis is tragically overdue. prus lived in peace and friendship despite the cosponsors have done in House Concurrent Mrs. KELLY. Mr. Speaker, I rise today to differences in religion, language, and national Resolution 42, that the presence of 30,000- join with my colleagues in marking the tragic origin. plus Turkish troops ``hampers the search for a events that occurred 21 years ago on the Is- The Greek Cypriots did not abuse their elec- freely negotiated solution to the dispute re- land of Cyprus. On July 20, 1974, the Govern- toral strength, and despite being 80 percent of garding Cyprus.'' Calling for a complete demili- ment of Turkey sent troops to Cyprus and the Cypriot population, they did not use the tarization of the island, House Concurrent forcefully assumed control of more than one- opportunity to deny the other citizens and resi- Resolution 42 asks for nothing more than third of the island. This action dislocated much dents of Cyprus of their rights to full participa- Turkish compliance with the numerous resolu- of the Greek Cypriot population, creating a ref- tion in that democratic system. tions passed by the United Nations Security ugee problem that exists to this day. Addition- Nonetheless, outside intervention led to the Council. ally, over 1,600 Greek Cypriots are still miss- division of the country. And if the Turks continue to resist the idea ing or unaccounted for as a result of this bru- Since then, all efforts to restore Cyprus to of a sovereign, independent Cyprus, let there tal invasion. national sovereignty and to restore the legiti- be no doubt that we will continueÐjust as I The Turkish Cypriot community has contin- mate government's authority over all the na- and many of my colleagues joined together to ually shown its unwillingness to move toward tional territory have been to no avail. do in voting for the Porter amendment to the a negotiated settlement with their Greek I sincerely hope that all parties to this con- fiscal year 1996 foreign operations billÐto cut neighbors. The removal of the roughly 35,000 flict will heed the consensus among the demo- U.S. assistance to them. Turkish troops from the Island of Cyprus is cratic states of the world and put an end to its Mr. Speaker, we should be proud of our ef- central to any such agreement. However, the illegal occupation of the northern portion of forts in the Congress to resolve this situation, Turkish Government is doing the exact oppo- Cyprus. but there is much work that still needs to be site. They continue their arms buildup on the A continuation of a divided Cyprus is not in done. Answers must be found for those who island, in effect making any sort of rapproche- the interest of any of the citizens of that coun- have disappeared, including five Americans ment all the more unlikely. try. who were in Turkish held territory, following The Greek Cypriots have demonstrated re- Since the foreign occupation of the northern the 1974 invasion; in the absence of a com- peatedly their flexibility and willingness to part of the island, the per capita income of the plete Turkish withdrawal from the island, compromise in order to bring an end to this Cypriots living under the legitimate and recog- human rights improvements for the Cypriots long-standing dispute. As late as last year, nized Government of the Republic of Cyprus must be secured; and the regional instability President Glafcos Clerides of Cyprus unveiled in the south has soared from less than $1,500 caused by tension between Greece and Tur- a plan that would demilitarize the island. This in 1973 to $10,430 in 1993, while those who key must be contained. Thus, although we hope we will not have to proposal should be commended. The United live in the occupied territory have seen their return to commemorate this event next year, States has also taken steps to facilitate an incomes stagnating. be assured that we will return for as many agreement. Earlier this year, President Clinton The European Union is moving toward a de- years as it takes to once again see a peaceful appointed a Special Envoy for Cyprus and dis- cision in which the residents of the area under and independent State of Cyprus. patched Assistant Secretary of State Richard the control of the legitimate Government of Mr. Speaker, I again thank the gen- Cyprus will be offered membership in the Eu- Holbrooke to the region in hopes of helping to tleman from Florida [Mr. BILIRAKIS] achieve a solution. ropean Union, while simultaneously taking for organizing this special order and for However, these efforts have failed to measures to further isolate the residents of the his leadership on this issue and on produce any movement toward an agreement. occupied territory from their market opportuni- many others. It is time that the United States Government ties in Europe. Mr. BILIRAKIS. I thank the gentle- take bold steps to show its resolve to the A settlement in Cyprus would be good for all woman for her wonderful words. Turkish Government that it is serious about countries in the region. Very quickly, getting back to demili- moving toward peace on Cyprus. In this re- As I understand it, the European Union is tarization. Demilitarization is crucial gard, I am pleased to be a cosponsor to willing to negotiate a customs union with Tur- to a satisfactory resolution of the divi- House Concurrent Resolution 42, which offi- key which would give Turkey duty free access sion of this island-nation. In fact, this cially calls for the demilitarization of Cyprus. to the 367 million residents of the European couldn’t have been made more clear Perhaps more importantly, I was very encour- Union countries. Thus, both Greece and Tur- than in a recent report submitted to aged by the passage of an amendment to key will be able to move beyond the misunder- the U.N. Security Council regarding its H.R. 1868, the Foreign Operations Appropria- standings and conflicts of the past and be- resolution renewing the U.N. peace- tions Act, which cuts economic support funds come part of a customs union that will bring keeping force in Cyprus. In that report, and military assistance to Turkey until it with- increased prosperity to both countries. U.N. Secretary General, Boutros draws its troops from Cyprus, lifts its blockade But that customs union cannot be achieved Boutros-Ghali, referred to occupied Cy- of Armenia, and makes progress on extending until there is a settlement in Cyprus to restore prus as ‘‘one of the most highly milita- political and economic rights to is Kurdish mi- the legitimate government to full control of the rized areas in the world.’’ norities. island, and the withdrawal of all foreign troops Demilitarization would alleviate the Mr. Speaker, it is with decisive steps such from that island. security concerns of all parties and as these that we can begin to hope for a The expansion of democracy throughout Cy- substantially enhance the prospects for brighter future for Cyprus. I wish to commend prus is a noble goal, that I urge all Members a peaceful resolution of the problem. the gentleman from Florida, [Mr. BILIRAKIS] for to support. In addition to these efforts, the Unit- his steadfast work in this area. I look forward Mr. PALLONE. Mr. Speaker, it is with great ed States and the international com- to working with him, and all my colleagues sadness and frustration that I rise tonight to munity have undertaken numerous who share our concerns, to achieve a unified commemorate the anniversary of an inter- other endeavors to end the occupation, and peaceful Cyprus in the future. national crisis that has to date defied resolu- but again and again the Turkish side Ms. ROS-LEHTINEN. Mr. Speaker, today tion. Twenty-one years ago, demonstrating a has resisted. we commemorate the 21st anniversary of a gross disrespect for both international law and Mr. Speaker, I yield to the gentleman very sad event when a democratic country, human life, Turkish troops stormed into the from Pennsylvania [Mr. KLINK]. Cyprus, fell victim to a foreign army. Mediterranean island nation of Cyprus and Mr. KLINK. Mr. Speaker, I thank the Today, all the people of that country con- stole its independence. Defiantly ignoring the gentleman for yielding, the other half tinue to suffer the ill consequences of that calls of the United Nations and NATO to allow of the Hellenian Caucus, for yielding, intervention and a military occupation of part Cyprus to resume its existence as a free and and I thank him for his leadership on of Cyprus. sovereign country, Turkey currently maintains this issue. H 7168 CONGRESSIONAL RECORD — HOUSE July 18, 1995 I note you have a brief amount of JOBS AND EDUCATION On previous occasions, Mr. Speaker, I time. I will just try to mention some The SPEAKER pro tempore (Mr. made it clear that nothing is more im- things I do not think have been said, MCINNIS). Under the Speaker’s an- portant in this House, nothing that we maybe putting this in a different per- nounced policy of May 12, 1995, the gen- contemplate and nothing that we legis- spective. tleman from New York [Mr. OWENS] is late on is more important than jobs When it comes to the topic of Cyprus, recognized for 60 minutes as the des- and education. there are so many paradoxes involved ignee of the minority leader. b 2130 here. If you go back to September 14, TURKISH-OCCUPIED CYPRUS And in our complex society jobs and 1829, after a tenacious 8-year battle, Mr. BILIRAKIS. Mr. Speaker, will education are inextricably interwoven. Hellenic troops were able to conquer the gentleman yield? larger Ottoman forces. The Greeks fi- Mr. OWENS. I yield to the gentleman We cannot really hope to have a decent nally won their recognition as a sov- from Florida. job in this complex society unless you ereign state. They did that with the Mr. BILIRAKIS. Mr. Speaker, I do have an education. support of countries like Russia, Brit- thank the gentleman from New York When I came to Congress 13 years ago, I volunteered, and I wanted very ain, France, and the United States, all [Mr. OWENS]. I appreciate it so very supporting a return of democracy to much. I will not take the full 5 min- much, to serve on the Education and the Greeks. utes. Labor Committee. I thought that there Yet, now for 21 years, these countries Mr. Speaker, as the gentlewoman would be a lot of competition for serv- and many others around the world from New York said, last fall, the ice on the committee which deals with have turned their backs on Cyprus and President appointed Mr. Richard education and jobs because in my dis- the situation in Cyprus. It is the Beattie as special emissary to Cyprus trict of course the most important Greeks themselves who are credited to lend new impetus in resolving the thing that was clearly communicated with the entire concept of democracy. Cyprus problem. Mr. Beattie, along to me by my constituents was a need As early as the sixth century B.C., the with State Department Special Cyprus for more jobs. We had one of the high- ideas upon which our own Constitution Coordinator, James Williams, have est unemployment levels in the coun- was written were being debated by the made several trips to Cyprus stressing try concentrated in my district. People ancient Athenian philosophers. Greeks U.S. resolve in achieving a lasting solu- wanted jobs, they needed jobs, and of were the first people to believe all per- tion to the problems there. course, in order to qualify for some of sons are created equal and should be However, it is evident, Mr. Speaker, the better jobs, they needed an edu- recognized as so, and these people can that a solution to the 21-year-old prob- cation. I saw that right away. I wanted go and govern their own affairs. Yet, lem on Cyprus will not be found until to serve on the Education and Labor for 21 years on Cyprus, the Greeks who tensions are lessened on the island and Committee, and that was the name of lived there, the Cypriots there, have the Turkish side agrees to come to the the committee at that time, because of not been allowed to do that. table and negotiate. the fact that was the way I felt I could Hundreds of years after the Greeks I am satisfied that the Government give the greatest amount of service to first talked about democracy, our own of Cyprus remains committed to seek- my constituents. Founding Fathers referred to the wis- ing a peaceful, just, and viable solu- To my great surprise I found there dom of Pericles, Plato, and Aristotle in tion. The acceptance by the Turkish was no great amount of competition drafting the principles of America’s side of U.N. Resolution 939 and of Cy- for service on the Education and Labor own democracy and Constitution. Yet, prus President Glafcos Clerides’ demili- Committee. The smarter members of we turn our back for 21 years on what tarization proposal would substantially the freshman class when I came in all has occurred in Cyprus. enhance the prospects of a negotiated told me that the Education and Labor When and under what other cir- settlement. Committee is a graveyard. You cannot cumstance would this Nation turn its This past weekend, in my home in get any contributions for our cam- back on five American citizens cap- Florida, a gentleman said to me that in paigns by serving on the Education and tured and held? The gentleman from all the history of the country of Tur- Labor Committee, and, true to form, I Ohio [Mr. HOKE] referred to a 17-year- key, voluntary negotiations and agree- found that it was easy for me to get a old boy, who is a 38-year-old man, if he ments based on those negotiations are place on that committee, and I, of is alive. He had his passport in his absent. He said, ‘‘they don’t nego- course, still wanted a place, but there hand. tiate.’’ were many vacancies on Education and The family was there, along with five I truly hope that he is wrong. Turkey Labor, and year after year there were Americans, along with 1,600 Greek Cyp- has many internal problems. American vacancies, and people came on that riots, who have not been heard of for 21 taxpayer dollars are intended to help committee only after they could not years. Yet, our Nation stands by, giv- them with those problems, not to help find any other place. ing millions of dollars in economic aid them to wage invasions on their neigh- But I think it was a great mistake on to Turkey, giving hundreds of millions bors and to illegally occupy other the part of those who chose that of dollars in military aid to Turkey. lands. Common sense, a true caring for course. Nothing is more important In fact, it is amazing, if you take a their own people, their domestic needs, than jobs and education. Nothing that look at those figures, the amount of and world opinion all would seem to we do is more important than what we money coming from the United States dictate that Turkey would want to do in order to encourage an economy to Turkey is about what it costs that work things out on a problem that they which produces jobs and an economy nation to be able to occupy Cyprus just do not need. which makes it possible for people to each of those 21 years, and every time I feel that we in the Congress have a work and earn decent wages under con- the United Nations has spoken up on responsibility to use our influence to ditions that are not life-threatening, Cyprus, they have found that the Turk- see that Cyprus is made whole again, under conditions that do not destroy ish Government has not paid attention. to rescue the thousands of Greek-Cyp- the health of workers, and of course They have ignored everything we have riots who have become refugees in the closely added to that is the need for done. land of their birth. Like those faithful education systems that allow people to So I say to the gentleman, I am Cypriots in my district and elsewhere, qualify for these jobs, allow people to proud to be here on the floor with you we must do our utmost in this cause. be able to operate and earn their own commemorating this, and I hope that Mr. OWENS. Mr. Speaker, last week way in our complex society, and allow we never have to do this again, that the House Appropriations Subcommit- people also to meet other requirements something before the next anniversary tee on Labor, Health and Human Serv- in our very complex society. comes up will occur so the people of ices and Education reported its appro- So jobs and education are very im- Cyprus can again know the freedom priations bill for next year. The bill portant. They are very important, and that Greeks for centuries have talked will be considered by the full commit- in the Congressional Black Caucus al- about and people of this country for 200 tee on Thursday and by the full House ternative budget the only area that we years have also spoken about. next week. propose great increases in the budget, July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7169 although we were under the mandate that we all agree that only about 7 per- this denial of opportunity through edu- to show a balanced budget over a 7- cent of the total education budget is cation programs, accepting this large year period, and we met the mandate, money that comes from the Federal cut in job-training programs? Will the and we balanced the budget over a 7- Government. The Federal Government elite minority be able to stampede year period, we were not able to give plays a minor role in education. But it America, and divert their attention increases elsewhere, but we did in- is a very pivotal role, and it is a role and get them interested in so many crease the education budget by 25 per- that needs to be expanded, and not cut other things like abortion, and affirma- cent. We recognized that function 500, off, and not diminished. tive action, and voting rights, and var- which is education and job training, We have always prided ourselves on ious other immigrant-bashing, various was the area that had to be given prior- leaving education to the States and to other diversionary tactics, allow them ity. the local school districts. Perhaps we to downgrade education, abandon job It was quite pleasant to note that the have gone overboard. I think we have training, at the same time win votes? President, President Clinton, when he gone overboard and allowed too much That is a great question; we do not decided to announce his own 10-year to be left to the States and the local know what the answer is going to be. budget, chose to emphasize and to school boards over the years. We are I assume that the majority of Ameri- clearly make education and job train- not like France, or Great Britain, or cans will clearly recognize the threat, ing as a priority. The President pro- Japan, or Germany. We do not have a the danger, to their own well-being of poses to increase over a 10-year period highly centralized Department of Edu- that kind of philosophy and an elitist by more than $40 billion the education cation running education for the whole group which wants to govern only for and job training budget. So we clearly country. We have never had that; there that small group. It is a danger to the have set that priority. is no danger of us ever falling into that majority. The majority certainly will We are quite distressed by the fact anytime soon in the next 100 years, I have at their disposal the instruments that the overall Republican budget assure you, but we go to the other ex- for dealing with that kind of philoso- cuts in domestic spending call for a 4- treme. Instead of not only not having phy now that it is clearly revealed. percent cut over the 4-year period. the highly centralized, centralized, It was not part of the Contract With Most programs will be cut only 4 per- overbearing direction of education America. Whether you like the Con- cent if you average it all out. However from a central point, we are out of the tract With America or not, in the Re- the Republican appropriations bill picture too much, and the Federal Gov- publican Contract With America they shows that education has the lowest ernment has played too small a role, never stated we are going to downgrade possible priorities because education is and for that reason our Nation has fall- the Federal involvement in education. cut by 16 percent, not 4 percent, but by en behind in terms of the competence They never stated we are going to give 16 percent, or $3.9 billion is cut out of and productivity of its workers in less money to job training, and less funding for training and education and terms of the reproduction of a labor money to schools, and less money for an additional 24 percent is cut out of force that is going to be able to meet drug-free schools and safe-schools pro- other programs in function 500, labor the complexities of the future. We are grams. They never stated that. They programs, an additional $2.7 billion. in deep trouble because we have not never said we are going to cut school Now what does this mean in terms of played enough role. If the Federal Gov- lunch programs. They never stated the contract for America, the contract ernment were merely to get involved a that. They never stated we are going to on America, some of us say the con- little more, it would not hurt. have fewer job training programs. In tract against America? What is the vi- In fact, we could easily go to the fact the impression was given that one sion of the people who are in charge? point where the Federal Government is of the things they definitely wanted to The Republican majority want to do supplying instead of the present 7 per- do was have everybody assume per- what in the future? They want to do cent of the total education funding, it sonal responsibility for themselves. what in the present? They want to do can supply 25 percent. In fact, we The great emphasis was on reforming what in the future which leads them to should move toward that goal where at welfare, taking up the call of the Presi- believe that education and job training least 25 percent of the total education dent to change welfare as we know it. should be assigned the lowest possible funding in America is supplied by the They certainly in the Contract With priorities? The Republicans have clear- Federal Government, and then we America said they would do something ly said that they want to remake would have 25 percent of the decision- about welfare in terms of making peo- America. We are going to remake making power. Even if we had 25 per- ple move from welfare to jobs, and yet America. They are going to remake cent of the decisionmaking power, 75 the very area which allows people to America this year largely through the percent of the decisionmaking power move from welfare to jobs is the area of appropriations process. They are not would still be left to the States and to education and job training, and that is able to muster the kind of votes in the the local governments. So there would the area which the Republicans have Senate that are going to allow them to be no domination of the Federal Gov- chosen to cut the most, the most. Six- remake America through an authoriza- ernment of education. teen percent they are cutting in edu- tion process where committee by com- We do not need to lessen and dimin- cation, 24 percent in other labor and mittee and bill by bill they would be ish our role in education. We need to job-training programs, 16 percent, 24 able to pass a bill which—bills which increase our role in education. It is percent, in areas where people need the pass the House, so they are going to do quite dangerous, any vision of America greatest amount of help in order to be- it through the appropriations and which says that education is not im- come self-sufficient in order to be able budget process. portant. Well, that is the vision that is to get off welfare, in order to, those not What do they do with jobs and edu- being offered by the present Republican on welfare, to be able to go on and get cation? Immediately they commu- majority. the kind of training they need for the nicate to us that in the action taken Perhaps it is because they are people kind of highly specialized and complex by the Appropriations Committee the whose mind-set is shaped by their phi- jobs that are opening all the time. We jobs and education are assigned a very losophy that only an elite group can cannot have an America that is moving low priority. The future of America, as run America and only an elite group forward if we do not have every pos- envisioned by the Republicans in con- needs to get an education. I call them sible opportunity to upgrade the work trol of the House, is a future that does the elite minority that chooses to op- force, every possible opportunity for not need to have programs which pro- press the majority. Now that is a very people to help themselves. vide the best possible education for the difficult phenomenon in a democracy, Are Americans better off now than most people in America. The Nation and the great question is, Will the elite they were before the Contract With does not need the best possible edu- minority that controls the House now America started? Now that the Con- cation system. and controls the Senate, will an elite tract With America has been com- Yes, it is true that the Federal Gov- minority be able to stampede the great pleted, are you better off now than you ernment does not run the education majority of Americans out there into were before, or is the Republican con- system in America. Everybody knows accepting this oppression, accepting cept of a Contract With America now H 7170 CONGRESSIONAL RECORD — HOUSE July 18, 1995 out of control? Have they gone into b 2145 ministration, the Mine Safety Admin- areas where the contract never in- We have a pretty rapid evolution in istration, the research arm of OSHA tended to go because certain people education, an improvement of edu- called NIOSH, all very small pieces. want to get revenge on labor? Certain cation. So why throw in a revolution Even the National Labor Relations people want to experiment with their which cuts off the Federal involvement Board, as comprehensive as it is and as own ideas about education? Certain by cutting off all the funds for Goals important as it is to labor relations, it people see the Federal Government in a 2000 and by also rolling back other pro- is still a small part of the overall exec- way of local experimentation that grams like chapter 1. Been funded for utive budget. might be more advantageous for people more than 25 years. Started under Lyn- So when they make these cuts they who want to privatize the schools or don Johnson to help poor school dis- do great damage. They make it almost who want to pursue certain elitist tricts. Chapter 1, title I is now being impossible for the agencies to function, agendas that cannot be pursued if you cut drastically by the Republicans, an and they know that. They are legislat- have a Federal Government which is almost $1 billion cut. ing through the appropriations process, trying to set some standards. Head Start for the first time. No Re- crippling the agencies. It is an assault publican President or Democratic on workers. Goals 2000 is zeroed out. They do not President has ever cut Head Start, but And you might say, well, who cares want anything to do with Goals 2000. Head Start is now being cut by $200 about workers? Well, when we say Goals 2000 is now zeroed out by the Re- million by the majority, by the Repub- workers, we do not mean people who publican majority, but Goals 2000 was lican majority in the latest proposals are out there digging ditches nec- conceived of by a Republican President to come out of the subcommittee on essarily, people who haul garbage. following the lead of another Repub- the Labor, HHS, and Education appro- Workers are wage earners. Anybody lican President. The whole movement priations. That is what we are up who earns a wage is clearly a worker in toward reform of the public school edu- against. the category of what we are talking cation began under Ronald Reagan This Contract With America is out of about, and the vast majority of Ameri- with the report of ‘‘A Nation at Risk.’’ control. The vision that the Republican cans are people who earn hourly wages It was continued under George Bush majority has has to be examined and or they earn salaries on the basis of when he set forth America 2000 and reexamined, because it is dangerous if hourly wages. They have salaries, but held a conference where he set forth six it is a vision which sees education as they pretty much work on the same goals for American education. being a low priority. basis as hourly workers. If they work President Clinton was at that Gov- The assault on education and labor over 40 hours, they want overtime, et ernors’ Conference which set those six certainly was not openly contemplated cetera. goals. President Clinton has followed or stated as part of the Contract on So you have a vast number of people through from America 2000 to Goals America, Contract With America. The employed by other people who are wage 2000. If you like Goals 2000 and America contract said nothing about moving earners or workers. If you want to call 2000 side by side, you are going to find not only to downgrade education and them, working class, middle class, or they have more in common, they have to cut off job training programs but you can even reach out, include some more similarities, than they have dif- also to attack the workplace. small entrepreneurs. There are a lot of There is an assault on the protection ferences. One of the big differences of people with small businesses. They of workers in the workplace. There is course in America 2000 President Bush earn less than the average hourly wage an assault on the Occupational Safety was proposing vouchers and greater earner, but they like the independence. and Health Administration and all of privatization of schools, and President In fact, one of the things that came the laws that they have promulgated Clinton removed that completely from out when we were doing the studies on to help protect the safety of workers. health care last year in preparing Goals 2000, but in spirit the whole idea Much of this does not cost any health care legislation was that a large of establishing standards where every money. Small amounts of money are percentage of the small business own- school system could use those stand- involved, but the appropriations and ers of America have no health insur- ards as a model, not—there is nothing budget process is being used in order to ance. A large percentage of those peo- mandated about it, there is nothing— cut and destroy the effectiveness of ple are independent, and they have the Federal Government does to force these safety and health programs. their own business, and they deprive anybody to do anything, but the Re- They cannot pass bills and get them pleasure from that, and they contrib- publicans want to move away from the through the legislative process and get ute greatly to our economy, and we establishment of those standards. them signed by the executive branch. need more of them. They cannot afford There was great bipartisan agreement So in the absence of being able to pass to even pay for their own health insur- on the establishment of the standards. authorizing legislation and get it ance. Goals 2000 went forward. It was signed into law, they are using the back-door approach of the budget and So if you are talking about people passed, authorized, and funded with bi- working every day and they cannot af- partisan support. Suddenly this new appropriations process. They have cut off large amounts of ford to be without a week’s worth of majority. The people who want to give earnings, then you could include large us a contract have set off on a different funding for OSHA, the Occupational Health and Safety organization. They numbers of small businesspeople in the course. They want to revolutionize in same category. the wrong direction. Revolution is al- have cut off money for the Mine Safety Health Administration. They have cut When you get through adding the ways a dangerous course. You know hourly workers and the salary people revolution is sometimes a necessary off money for the National Labor Rela- tions Board. who are really working on an hourly evil. You cannot change things any basis and you add to them the entre- other way except by having a revolu- The largest cut of organizations and entities designed to help workers has preneurs and the small business own- tion. been NLRB. Thirty percent has been ers, you are talking about two-thirds of But even the best revolutions go cut. These big numbers might be hard America. You are talking about work- wrong. Revolutions are inherently de- to follow, but just consider your budget ing conditions and earnings for two- structive. They move too fast so rap- for your House for a week, and if it thirds of America. So it is two-thirds idly, they try to do so much, that in- took a 30 percent cut, you know what out there, at least, that we are talking evitably they will do a lot that is 30 percent means, if you take your sal- about when we say that the Contract wrong. Why? Why have a revolution in ary for 1 month and you take a 30 per- With America has chosen to assault an area where we do not need a revolu- cent cut, I have some idea what 30 per- working people, assault the working tion, where we have an evolution, a cent means. class. steady progress. Slow but steady move- These are relatively small agencies The middle class is a working class, ment in the right direction is evo- of the Federal Government, the OSHA, anybody who is in those categories I lution. Occupational Safety and Health Ad- mentioned before. July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7171 This assault is about more than enough degree to make the American are falling behind in school, the House money. Yes, the balancing of the budg- people understand. We have been swin- bill cuts the program by $1.1 billion. et has been touted as one of the major dled. That is 17 percent. This is in one year. goals of the Republican majority, and At this point, after adjustments We are talking about the cuts in that it has been conceded by the White made by the Clinton administration, 1-year period, not over the 7-year pe- House and a lot of other people that corporations are carrying about 11 per- riod; 1.1 million educationally dis- maybe we should be unlike all of the cent of the total tax burden, while indi- advantaged students will be out of the other industrialized nations. Maybe viduals and families are paying 44 per- program, 1.1 million students around this Nation should work toward a bal- cent of the total tax burden. And the country. anced budget. A balanced budget might again, under Ronald Reagan it went as The House appropriations bill de- be a good idea. low as 8 percent. Corporations were stroys the drug free schools—the drug It may not be absolutely necessary paying as low as 8 percent. So there is free and safe schools program. It cuts because there are a lot of other indus- good reason to be angry. it 60 percent, eliminating services to 23 trialized nations like Germany, But let me come back to my major million school children. France, Britain, Holland, that do not point here. In the attack on workers, Adult education programs support have balanced budgets, and they have the budget is not of great concern. The literacy training and basic education larger national debts than we do, and numbers and the money is not of great for adults. The House bill gouges $25 they function pretty well, but let us concern. The attack on workers is an million out of the program, denying break ground and lead the other indus- attempt to destroy a certain segment services in this small program to trialized nations into a situation where of our society, a certain segment of the 125,000 adults. we have national balanced budgets. political infrastructure, a certain seg- It goes after Head Start, as I stated It might be good idea to save money ment that does not cater to the philos- before. Head Start will have 50,000 on interest which is mounting all the ophy of the elite minority that is in fewer children than before. We were time. All of it is worth experimenting charge now. proposing that Head Start be in- with. We will accept the need for a bal- That is what we are up against. This creased. George Bush increased Head anced budget. assault is designed to destroy the Start programs. Ronald Reagan in- The President makes much more voices and the ability to participate in creased Head Start programs. For the sense than the Republican majority the political process of two-thirds of first time, we have a cut in Head Start and the Congress. He says let us do it the Nation’s people. It is assigned to programs, after both parties have con- over a 10-year period. Let us not glorify wipe out any influence and any effec- tinually agreed that this was a pro- suffering and pain. Let us try to mini- tiveness that organized labor has. Be- gram that works. It is a program where mize the suffering and pain. Let us not cause organized labor is a very small the funding—and youth employment sit comfortably from our vantage point percentage of the total voting popu- and training programs, the House bill in the elite upper group expecting a tax lation out there, 16 million and going cuts total training for disadvantaged cut while we let people suffer in the down, but they have a consolidated sol- youth by 54 percent. other two-thirds of the economy. Let idarity that allows them to have much To the youth of America, here is the us try to balance the budget in a way more influence than the numbers message: Youth of America who are which is fair and spreads the burden to would indicate, and they are one of the not in school, the programs are cut all of us. Maybe we should even balance few organized forces that is not already more than half. If you are in school, we the budget slowly and look for new controlled by the elite minority that is are only cutting 16 percent. sources of revenue. seeking to change, remake the govern- b In the Congressional Black Caucus ment of America. They are not under 2200 alternative budget, we proposed that the control of the people who are per- If you are in school, we are only cut- we move toward an increase in the bur- petrating the Contract With America. ting 16 percent, but we care not about den, the proportion of the burden of So they must be destroyed, and that is the future of the youth of America. We revenue of taxation that is borne by what this is all about. care about putting them in prison, we corporations. You know, we have in The assault on organized labor does care about more money for prisons and this country a strange phenomenon not necessarily save money. But it ac- more money to make certain that law where since 1943 the amount of complishes another purpose of wiping enforcement operations round them up, money—the percentage or the propor- out the opposition. Couple the two, the but we are not interested in educating tion of the overall tax burden borne by assault on education with—an assault the youth of America. families and individuals has gone from on education and job training with an To the youth of America we are say- 27 percent to 44 percent. Individuals assault on the instrument, the voice, ing that the summer jobs program, and families now bear 44 percent of the the mechanism by which people can which is already inadequate and funds total tax burden. fight for more jobs and better jobs and too few youngsters, will be totally Corporations went in the other direc- fight for better education, and you eliminated. It funds about 600,000 tion. They bore almost 40 percent of have an indication of what the grand youngsters throughout America during the total tax burden in 1943. They went design of the elite minority is. the summer months. They get a job if from almost 40 percent of the total tax They have a vision of the future. they are low-income youth and they burden down to 11 percent. At one Their vision of the future and their vi- qualify. That is going to be eliminated point it got as low as 8 percent of the sion of what America should be is an totally, completely, zero funding is total tax burden. America that has no room for two- there. For year-round training pro- Stop and think about that. Every thirds of the people. We are not going grams for low-income youth, the cut American who is angry out there ought to share the great wealth of America will be 80 percent. That almost wipes it to think about what he is angry at. with two-thirds of the people. We are out. That leaves only 20 percent. Just You have got good reason to be going to govern, according to the vi- stop and think, your monthly pay- angry. You have been swindled. Over sion of the elite minority, govern in check or your weekly paycheck, if you the years, the Committee on Ways and order to enhance the advantages and cut 80 percent out of it, if you take $8 Means has been owned by corporations. refurbish the luxuries of a small elite out of every $10, what do you have left? Over the years, the Committee on group, and that is what this grand de- You can understand how this is a de- Ways and Means has allowed itself and sign was all about. struction of a program. It does not the Congress, yours truly included, Turning to education for a minute, exist anymore if you make that big a have sat paralyzed when Ways and let us take a look at some of the cuts cut in the program. Means bills are brought to the floor. that were taken in the education area. Training for dislocated workers, peo- You cannot amend them. You cannot Education for disadvantaged students, ple who lose their jobs by having large do anything about them. And we have and Title I program, which supports tu- defense plants close. We said they not fought vigorously enough and ex- toring and remedial education services would be a priority. We promised them, posed what is going on to a great for low income children and others who we had a contract with them that as we H 7172 CONGRESSIONAL RECORD — HOUSE July 18, 1995 cut back on the expenditures for de- of each bill that we passed over the last nizations. Before we adjourn in August fense, workers in those plants would 13 years, but in their entirety each bill for recess, there are indications that have an opportunity to be relocated, to commanded overwhelming bipartisan this committee will add substantially be retrained, and we had special pro- support. to this already impressive catalog of grams to do that. Now we are suddenly At the start of this Congress, many carnage. going to cut those programs 34 percent, believed that this bipartisan approach One of the bills that the committee $446 million. This will mean that would continue under the Republican proposes to act on is the elimination of 140,000 worker who are in the program majority. At least in the area of edu- the Department of Education. In 1995 already will be dropped out and no new cation and job training, we thought we in America at the end of the 20th cen- workers of any substantial amount can could continue the bipartisan support. tury as we go toward the 21st century, come in. After all, education and job training they insist on pursuing this agenda of Training for low-income adults, those had not been mentioned in the so- eliminating the Department of Edu- people on welfare that we yell we want- called Contract With America. That cation. ed to get off welfare and get a job, that turned out to be purely wishful think- As I said before, our Nation does not will be cut by $225 million, denying as- ing. There has been no moderation and have a strong and over centralized De- sistance to 74,000 that we now give as- no bipartisanship. Our Committee on partment of Education to begin with. sistance to to get off welfare, we are Economic and Educational Opportuni- We have too little direction from the going to have that many fewer who ties has turned into an unrelenting at- Federal level in education. will have the opportunity to get jobs tack dog for the radical right, intent Now the Republicans are proposing and to get off welfare. This is what we on dismantling and disemboweling to eliminate that. They will try to do mean when we say we are going to re- each and every education and training it through the budget process, since form welfare, change it as we know it. program which serves the American they are not able to get agreement It is really not necessary to decimate people. They even took the first step with the other body that they can education and training in order to bal- immediately to change the name of the eliminate it right away through an au- ance the budget. The issue is how we go committee. It has always been called thorization process. about reaching the balanced budget the Committee on Education and They want to eliminate all small pro- and what programs should be given pri- Labor. But instead of Committee on grams. The committee also plans to re- ority as I said before. The Republicans Education and Labor, they chose to re- peal nearly every remaining elemen- have clearly decided that education is name it Committee on Economic and tary and secondary education program not a priority. Their budget would cut Educational Opportunities, leaving out on the books. They want to replace education spending by $36 billion over Labor. The word labor is not contained them with a lump sum, unrestricted the next 7 years. The Congressional in the name of the full committee, and block grant. The Republicans argue that many of Black Caucus, as I mentioned before, the word labor is not contained in the these programs are too small to do any has put forward a detailed budget name of any of the subcommittees. The good and should be tossed out. The which would, like the Republican plan, attack on labor, the ideological obses- logic is bizarre. If a program is small eliminate the deficit over 7 years. We sion with destroying labor began with and does not require much funding, if have told them how to do it. But our the renaming of this committee. budget doubles the spending for edu- Since January, the Committee on it is not hurting the balanced budget process, it is still tossed out. It is still cation and training and other human Economic and Educational Opportuni- destroyed because it is too small. You investments. We make education our ties has taken some of the following are either too large or too small. first priority. We make education our actions. We have gutted the school B–2 bomber programs, programs to first priority, and President Clinton lunch program, as everybody knows. fund the B–2 bomber, on the other has also proposed in his 10-year bal- We have told the children of America, hand, are gigantic programs. I guess it anced budget plan to make education the Nation needs your lunch. It is not is their size, the size of the B–2 bomber the first priority. His budget calls for a enough to feed all the hungry. If the program, is what makes it attractive. $140 million over a 10-year period. money runs out before the end of the We can see nothing else attractive It is important that the American year in the case of block grants to the about the B–2 bomber program; the B– people understand that this attack on States, children will have to just go 2 bomber program, which will absorb education and training by the present hungry. We have to, after all, maintain about $30 billion over the life of the Republican majority is unprecedented. the money in the budget in order to program to build a bomber that nobody Every single Federal education train- give a tax cut of more than $200 billion needs, that the President says he does ing and education program on the over a 7-year period to the richest not want, that the Secretary of De- books, all that exist now, were enacted Americans. We must save money. The fense says he does not need, that the with bipartisan support. We had both Nation needs the lunch of school chil- Air Force says they do not want. Republicans and Democrats agreeing. dren in order to transfer those much- Nobody wants the B–2 bomber, but Former Vice President Dan Quayle, not needed funds to the wealthiest Ameri- the House of Representatives insists on a liberal Republican, not a moderate cans who need a tax cut. That is the including it in the budget, maybe be- Republican but proudly a very conserv- plan of the controlling Republican ma- cause it is such a large program that ative Republican, he wrote the Job jority. the size of it, the gigantic nature of it, Training Partnership Act, which is the They have repealed Federal child is attractive by itself. Small programs principal job training program in exist- abuse prevention programs, also. Most are considered evil, useless, they must ence now. When he was a Senator, Dan of our State laws and programs de- be eliminated. But a gigantic program Quayle wrote the Job Training Part- signed to prevent and prosecute child that nobody wants, that will cost $30 nership Act. Now the Republicans are abuse originated with a series of Fed- billion or more, that at all costs we trying to rewrite history and they at- eral laws enacted during the 1970’s. seek to retain. This is a kind of indi- tack the same Job Training Partner- These set out model laws, guidelines vidual action that results from a vision ship Act as a failed Democratic pro- and programs and provided States with of America which is distorted to begin gram and they want to destroy it. We funds to implement them. By all ac- with, a vision of America which is have always proceeded on a bipartisan counts, it has been an extremely suc- front-loaded to deal with the one-third basis with every education and train- cessful Federal-State partnership, im- elite population. ing program since I have been in this proving the detection, the prosecution If you are going to be concerned with Congress. We have taken exhaustive and the prevention of child abuse. the elitists, then you insist that there painstaking steps and we have made Inexplicably and without a single hear- be a tax cut of more than $200 billion. every effort, even when it was quite an- ing, the Committee on Economic and If you going to be concerned with the noying, to achieve consensus on every Educational Opportunities has gutted elitists, you insist on the funding of a bill that we brought forward to the all of these laws and taken away the B–2 bomber. Who makes the profits on floor. Neither Republicans nor Demo- assistance that is provided to States a B–2 bomber? The company that man- crats were happy with every provision and community-based and parent orga- ufactures it, the district that is lucky July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7173 enough to get it as a plant where the his Executive order which says that no The President and the Democratic planes or parts of it are going to be contractor with the Federal Govern- leadership of the Congress are sponsor- manufactured. You are playing to a ment would be allowed to practice the ing an increase in the minimum wage very small group. permanent replacement of strikers, of 90 percent over a 2-year period. That If you took the same $30 billion and that order is now under attack, and the is our answer to the assault on the were to spend it in the civilian sector, committee has reported to the full wages of workers. you could create twice as many jobs. House now a bill which will strike The Davis-Bacon Act and the Service There are many studies that have been down and nullify the executive order of Contract Act, Davis-Bacon Service conducted and they all agree: Every the President. Contract Act protect workers when they are on government contracts. dollar spent for military hardware b 2215 would yield twice as many jobs if you They must be paid the prevailing wages spent them in the civilian sector. We That is an unprecedented step, by the of a given area while they are working could spend the B–2 bomber money any way. Congress very seldom takes steps on a government contract program. other way in the civilian sector and to nullify an Executive order of a This was a program that was devel- create jobs for twice as many people as President. oped by Republicans. Mr. Davis was a are created by funding the B–2 bomber. Another bill that they have passed Republican; Mr. Bacon was a Repub- The assault on education is an as- out of the full Committee on Economic lican. It has been legislation always sault which is partly driven by a con- and Educational Opportunities, which supported by Republicans previously. cern for money, the desire to save used to be called the Education and But now this revolutionary Republican money by cutting back on the Title I Labor Committee, as part of the attack majority wants to wipe out totally, re- program, the Head Start program, the on labor, we passed what we call the peal the Davis-Bacon Act. school lunch program. All the money Team Act. The full committee ordered Fortunately, they have not been able H.R. 743, the Team Act, favorably re- you save by cutting these programs to do this through authorization, so ported on Thursday, June 22. can be used to fund the more than $200 one of the appropriations bills, the The Team Act can be called more ac- billion tax cut for the rich, so we un- Transportation Subcommittee, has curately the Company Union Act. The placed in the appropriations bill a pro- derstand that that assault is driven by Team Act sets up a situation where the need to get money to pay for the vision cutting off all funds for the en- companies can establish their own forcement of Davis-Bacon on projects tax cut for the rich. union. Nothing is more dangerous for The assault on labor is not saving related to transportation. That is part unions than to have the employers, the tremendous amounts of money. That is of the assault on labor. management, be able to pick the peo- an ideologically driven assault, an as- On and on it goes. The assault on ple they want to bargain with and who labor, the assault on education, the sault which shows that the Contract they want to work with. The Team Act two primary programs necessary for With America is out of control. There could be called the Company Union two-thirds of Americans to survive are certain people who want to get re- Act, and that is passed as part of the those are unrelenting, and it must be venge on labor. There are certain peo- assault on labor. It has come out of the stopped. It is quite tragic that the vi- ple who think that you can silence a committee and has been reported to sion, the vision that is driving the Re- large segment of America if you de- the floor. publican majority is a vision which is a stroy organized labor which is at the The OSHA reform, the Occupational danger for two-thirds of the popu- core of the opposition. Safety and Health Administration, as I lation. So they have mounted this assault on said before, is under attack. The OSHA Any vision for the future that caters labor unrelentingly starting with the reforms that have been proposed by the to only a small percentage and refuses Striker Replacement Act under the chairman of the subcommittee, Mr. to endorse the principle of sharing the Democratic-controlled Congress. We BALLENGER, he has introduced a bill, riches of our Nation, any such elite, twice passed a striker replacement act, which is H.R. 1834, entitled, ‘‘A Com- selfish vision is a danger to the Amer- which I call a right to strike act, be- prehensive Reform of OSHA,’’ which ica of the future. cause the provision in American labor could be better described as a death Oh, beautiful and spacious skies and law which allows employers to perma- and injury act. It really guts the en- acres and miles of rich, productive nently replace workers, which is unlike forcement of OSHA and makes OSHA farmland, this is America which God any other industrialized nation except into an agency which has no viability. has been quite good to. God is good to South Africa, that is a provision which They cannot enforce any of their rules America, and America should be good takes away the right to strike. If you or their standards if they follow the to its people by sharing the great can be permanently replaced, then you procedures that are established in this wealth. Hills and mountains full of really don’t have the right to strike. act by Mr. BALLENGER and the sub- gold, silver, copper, and uranium for We passed a bill twice in the House of committee. That has been introduced energy; nature yields so much to Amer- Representatives under Democratic con- and is still in the process of holding ica. trol. We did have a President who hearings. This is a land where democracy flour- signed it. Now we have a President who The Fair Labor Standards Act reform ishes, a land with a written Constitu- has taken the initiative. The President is also under the Workforce Protection tion that establishes the framework for has ordered that in the area of govern- Subcommittee chaired by Mr. law and order, and the peace that ment contracting, they will not con- BALLENGER, and they are proposing, comes as a result of that law and order tract with any employer who practices first of all, to gut the overtime provi- makes rapid, unbroken progress pos- the permanent replacement of strikers. sions of the Fair Labor Standards Act. sible. With all of the flaws and faults of Any company that engages in the per- Child labor sections of the act will be our American system, we still have the manent replacement of strikers cannot dealt with later. They are starting by best government that man has ever do business with the Federal Govern- gutting the most important provisions conceived. ment under the Executive order issued related to workers, and that is the pro- America with political freedom and a by the President of the United States. vision for overtime. That is part of the free marketplace, a land where science That Executive order now has been assault on labor that has gone forward. and technology expand with infinite challenged. Our committee, as part of Minimum wage. They refuse to deal possibilities. This great America, pre- its attack on labor, has proposed a bill with minimum wage at all. It is a nega- served and protected by thousands of to nullify the executive order on strik- tive assault on labor. By refusing to nameless soldiers who fought the tyr- er replacement. It was reported to the consider minimum wage or allowing anny of Tojo in Asia and the tyranny of House by the full committee as H.R. any legislation to be considered which Hitler in Europe; this America made 1176 on June 14, 1995. increases the minimum wage, they are available to all of us by God, nature Those of us who are on the commit- assaulting two-thirds of the population and the accidents of history; this tee, of course, we fought the passage of out there suffering from increases in America protected and perfected by so it. But the Republican majority has cost of living, living under an obsolete many from George Washington, Thom- the numbers. So the President’s order, minimum wage standard. as Jefferson, and millions of unpaid H 7174 CONGRESSIONAL RECORD — HOUSE July 18, 1995 slaves who helped to build it. Abraham Mrs. SMITH of Washington. Mr. money can talk while they are voting. Lincoln, Franklin Roosevelt, and all of Speaker, in Washington State, in 1992, Lobbyists can talk with persuasion in- the soldiers known and unknown, who after 4 hard years, we finally passed stead of their checkbooks. Now you fought to hold on to our freedoms and campaign reform, similar to what I am will find that most people in Washing- our opportunities. This America be- introducing here, and that many of our ton State jut cannot imagine going longs to all of us. Members are already rallying around. back under the old money system. This is the America which we have to What it did is it says, no money from Mr. FOX of Pennsylvania. If the gen- envisage; this is the America which outside your State. It limited PACs se- tleman will yield, what has been the you have to fight to keep; this is the verely to where they are there, but rate of growth as your staff and you America that the elite minority wants they do not talk a lot with money. It have brought these facts together for to destroy: The workers, the wage- eliminated gift places, they were the House, both Republicans and earners, the salary workers, the small called, office funds, but it is where lob- Democrats? What is the total PAC con- business people, the executives, the byists gave gifts so you could buy tributions to House campaigns that the owners. This America does not belong stereos and fancy clothes and things gentlewoman has charted here for us to any one group, this belongs to all of like that, and it said, no fund-raising tonight? the Americans. while the legislature is in session. If Mrs. SMITH of Washington. I just The elite oppressive minority shall you are voting, the money for your happened to bring a chart to show the not prevail. This America belongs to campaign should be contributed far, far gentleman. all of us, and we will fight to keep it. away from voting. Therefore, it said no Mr. FOX of Pennsylvania. That is We must fight the assault on edu- fund-raising. We are only in session good. cation; we must fight the assault on there a few months, but it said, no Mrs. SMITH of Washington. As the labor. We must fight to preserve the fund-raising during the month before gentleman will see, in 1984, just 10 America for all Americans. or the month after. So it sterilized. years ago, a little over, there were $80 The SPEAKER pro tempore (Mr. Mr. Speaker, what this does is about million a year given by PACs, and now MCINNIS). Under the Speaker’s an- the same. It says, no money from out- it is $132 million. I think what is sig- nounced policy of May 12, 1995, the gen- side your State. No more PAC money, nificant about that is, and I should tleman from Pennsylvania [Mr. FOX] is no more D.C. fund-raisers. You go back have another chart, it is four-to-one to recognized for 60 minutes. incumbents. So what has happened, ex- Mr. FOX of Pennsylvania. Mr. Speak- home, you campaign at home; no more cept for the little blip last year where er, I appreciate the opportunity to gifts, no more trips. We are going to change the culture. some of us were, as I was, a write-in share a dialog with my colleagues on We are not going to ask all of the peo- candidate, but some folks really had to issues that are very important. We have talked to a great extent this ple here to jump in and change with take on an incumbent, and it was rare evening and throughout the week their opponents, running back home that an incumbent could go out even about reform issues. One of the issues and playing under the old set of rules. under a really good challenge. Because that I think is the most exciting that We are going to call unilaterally to dis- first of all, the incumbent had unlim- has taken place this week is one where arm at a time certain to where every- ited mailing, which we limit in this and do not let them mail 90 days before Congressman SMITH from the State of body changes the rules and returns Washington has introduced landmark campaigns home. the primary and 90 days after. legislation today, which is in fact Mr. FOX of Pennsylvania. Is it not Mr. FOX of Pennsylvania. If the gen- going to help revolutionize and im- true, Congresswoman SMITH, that you tlewoman will yield, what is the House prove the credibility, I believe, of cam- are going to level the playing field so rule now? paigns nationally, and I hope that she that it will not be just incumbents that Mrs. SMITH of Washington. It is 60 is successful. get reelected, it will be actually the days, and we are going to tighten it I would ask you, Congresswoman best candidate winning based on merit down so that it is even tighter. SMITH, if you could tell us the back- and not who has the biggest war chest? Mr. FOX of Pennsylvania. So what ground of why you have brought this Mrs. SMITH of Washington. Defi- you have going to be able to do now is legislation forward, and what you hope nitely. And I think what is going to be make sure that the newsletters or any to accomplish. hard for this place to get used to is other communications from an incum- Mrs. SMITH of Washington. Mr. some of the folks have been here 20, 30 bent will actually be related back to Speaker, first I want to thank the gen- years, and some more than that. They governmental work as opposed to those tleman from Pennsylvania [Mr. FOX] have homes established here. Good peo- items which are just being sent out in for being one of the first people to ple. They raised their children here. an attempt to be reelected. stand up and say, this makes sense and They have not had to spend as much Mrs. SMITH of Washington. That is I want to sign on the bill, and the gen- time in their districts. They go back, right. If you are trying to level the tleman is an original sponsor and a they represent their people, but they playing field and you are driving cam- brave man in this place to make this do not spend much time there, or have paigns home and you do it all, but you change. to spend much time there. This will leave the unlimited franking or reason- This particular change is revolution- force them to go home. ably unlimited franking, what happens ary. The reason it had to happen is this Then in the election year, if your op- is the incumbent has these great ideas is a new Congress. We are doing busi- ponent is out there in the streets going about twice a week to send out to their ness different. We are cleaning house, door-to-door and they are going out colleagues to build their idea. If the we have changed procedures. We had a and saying, elect me, it will probably idea is that great, it certainly is good major audit of everything going on, mean this Congress is not in session as in the first year of your term and not and now we need a new way of running much, and those people will have to just extra good in the last. What we campaigns. The old way just will not spend more time in their States, which have found is that most of the franking work any more. I think is really effective. is spent in the latter part of the term Mr. FOX of Pennsylvania. If the gen- Mr. FOX of Pennsylvania. If the gen- instead of the first part. tlewoman will yield, I think that is tlewoman will yield, they have to be Mr. FOX of Pennsylvania. If I under- what the public said last November. more accountable back to the people. stand correctly, not only is your legis- They stated that they not only wanted Mrs. SMITH of Washington. Yes. But lation going to limit the time period by the Congress to run better, be more ac- it will be kind of scary. which franked mail can be sent, but as countable, spend less taxes and also This is revolutionary, but I think a result of your efforts and the other spend less money, but they also said, just like in Washington State, both reformers that have worked with you what about cleaning up campaigns so sides of the aisle, both parties, every- in the House, we have now cut by one- that it is returned to the people and body fought it for a long time. When third the amount of mail that can be not controlled by special interests. they finally decided, some of them be- franked generally for House Members. Please tell us a little bit more about fore it was passed, and some after, that Mrs. SMITH of Washington. That is the background, if you would. it was OK, now they love it. Because no right. It will work really well, because July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7175 we will still be able to communicate, do it anymore. It did what we wanted This is several of our bills, yours, the even ask people to come to town halls to do. We had to return these cam- gentleman from Kansas [Mr. with fliers and things like that. They paigns to people and get them away BROWNBACK], but the gift ban section will not need as much in the next year, from PAC’s. come from an earlier bill that we intro- because we are going to cut out what Mr. FOX of Pennsylvania. Part of the duced, the three of us, the gentleman they would mail when this passes. reform effort we have seen in the fresh- from Kansas [Mr. BROWNBACK], myself, Therefore, it changes politics as usual man class as a Republican has been the and you earlier in session, and I think in the year of the election, but still gentleman from Kansas [Mr. either one of you could explain just as lets you work with your constituents BROWNBACK]. I would ask him to enter well as I can. But it obviously just and communicate with them. our colloquy and give us what he abolishes gifts, but I would certainly What we will see is what we saw in thinks is going to be really the next yield to the gentleman from Kansas Washington State: campaigns dropped step. [Mr. BROWNBACK] to probably explain in cost by a third in one election cycle Mr. BROWNBACK. Thank you very that just as well as I can, probably bet- after the campaign measure passed, much for the gentleman yielding. I as- ter, because he has championed this and it did not come from people. Peo- sociate my comments with the gentle- issue. ple’s contributions went up, in fact. woman from Washington and her com- Mr. BROWNBACK. The gift ban is They realized they were really players. ments about campaign finance reform, pretty simple. It is a ‘‘just say no’’ gift It came out of the 15 big. Those are the excellent work she has done in the ban. That is just simple, saying ‘‘no’’ the big corporate, the big labor and the State of Washington. I think that can to gifts. The American people in many big trial lawyer groups, real estate carry over to Washington, DC. We need respects think the institution is agent groups. all of those groups. All of to get this sort of reform taking place. bought and paid for sometimes by very a sudden they could not give like they I think the first step about being able small gifts and trinkets, other times by could before, and it dropped campaign to do that is bringing these sort of very big things, and the gift ban legis- costs by a third. It dropped campaign facts and figures out and bringing to lation says ‘‘just say no,’’ do not accept costs for all candidates, so there was the American people how campaigns it, you do not need to take it, why have an equal playing field. are financed, how the system so much it. We are paid a reasonable salary, and favors the incumbent. That is why a b 2230 we get reasonable pay for what we do number of us support term limits. For here. Why do we need to have all of Mr. FOX of Pennsylvania. With re- one reason, the system so favors in- these gifts, plus why are we given gifts gard to the political action commit- cumbents, this is the only way you can in the first place? Is there something tees, or PAC’s, as you discussed what get at the system is through term lim- going on untold that takes place? Some percentage have they been of incum- its. people think it is, some not. bents’ campaigns as relates to other Another thing, another key portion Mrs. SMITH of Washington. It could expenditures? of it is the campaign finance system. be you are so handsome, both of you, Mrs. SMITH of Washington. I have You can see the difference between in- but I think it is something else. just got 1994, but this seems to be pret- cumbents and challengers on the chart Mr. FOX of Pennsylvania. It has ty consistent. Incumbents were getting the gentlewoman from Washington more to do with what we are voting on. 53 percent of their contributions from [Mrs. SMITH] puts forward. individuals and 44 percent from PAC’s I want to say this is a very, very im- Mrs. SMITH of Washington. That is and less than 3 percent from parties. portant thing to look at. The American right. I do have something I want to Challengers, on the other hand, were people, on November 8, 1994, said to us, ask you. We have both got pressure on getting 11 percent from PACs. ‘‘Look, clean your own House up. Make it from other Members. There is a lot When you take a look at this, obvi- the government smaller. Get that place of concern about the provisions that ously PAC’s really weighed in heavily under control. Return the people’s eliminate all trips from special inter- for incumbents and not near as heavy House to the people.’’ That to me is a ests or any group wanting to lobby this for challengers. If you want to win as a lot of what this is about, returning the place. Address that, and why we all challenger, you had to get a lot more people’s House to the people, having made that decision, because some of individuals, but this will change. In them fund it, having them finance it, our colleagues are real concerned about Washington State it just changed sub- having them see and be the focus of our the change, away from, to no trips. stantially. point. Mr. BROWNBACK. To me, the reason Mr. FOX of Pennsylvania. As far as When I go back to eastern Kansas for it is very clear and very simple, and the charts there, this is the 1994 fig- where I represent and where I ran dur- that is that frequently institutions or ures, the most recent campaigns then. ing the campaign, the people kept say- groups will seek to fly somebody as a You found, based on what happened in ing all the time during the campaign, Member of Congress to a particular Washington State, that you had a dra- ‘‘Don’t forget us, don’t forget us.’’ It place to be able to catch his ear for a matic change in the culture there? Is seemed like an odd question to me. longer period of time. I do not think that right? ‘‘Why do you think we’d forget you?’’ people here are bought and sold for a Mrs. SMITH of Washington. Yes. Then you start getting around the sys- trip. That does not take place. They Mr. FOX of Pennsylvania. What hap- tem and how it is built and how it is get then additional time for the ability pened in Washington State that you funded, how it operates, you see pretty to influence a particular Member of are saying today to the American peo- quick why the people are scared we are Congress on a particular point of view. ple we think is going to change for going to forget them. I think the gen- The people we represent do not get the Congress as well? tlewoman from Washington [Mrs. same chance to do that. That is the Mrs. SMITH of Washington. We re- SMITH] is on target. I applaud her ef- idea with this. I do not think Members turned campaigns to people. Instead of forts. should be particularly scared about the legislature operating with fund- Mr. FOX of Pennsylvania. I wanted this provision at all, that this is some- raisers and evening events and worry- to ask the gentlewoman further, your thing that we are saying if it is a rea- ing about lobbyists’ contributions, legislation does more than change the sonable trip, if it is worthwhile, we they were able to get about business. culture with regard to campaigns and have travel accounts that are associ- Instead of having the first few weeks how they are run and leveling the play- ated with this. If there are things that right before the session started with ing field for challengers, but this gift can be used that way, that that is the dozens of campaign fundraisers every ban where we actually have lobbyists way that he ought to go with it, but it day, they were able to plan an agenda, give lunches or golf and things like goes back to the people not trusting because they could not raise money. that, which the public does not appre- what takes place in the House of Rep- Instead of the incumbent mass mailing ciate nor understand, what would your resentatives. This is their House. We in the last year to be sure they were re- bill do in a forward way? are the people. We are the freshest elected, they had to get out and get Mrs. SMITH of Washington. You from the folks. They are saying they do amongst people because they could not know, I think you keep saying my bill. not trust it. Here is another way to try H 7176 CONGRESSIONAL RECORD — HOUSE July 18, 1995 to say, OK, there are some institu- ganized groups and small groups, and ing firm in this country, had over 100 tional flaws with it. Let us get rid of bring them together and make sure auditors auditing the House of Rep- those. Let us get about our job and let that they lobby their legislator and resentatives for the past, since that us move on down the road. I think we tell them what they want. If they do time, since January 4 when we passed can operate a very strong House of not deliver the votes on this, this time that, and they only looked back at the Representatives without these gifts next year we will be having the same past 15 months for as far as when we being given. debate because this place will not took over in November 1994, they Mr. FOX of Pennsylvania. Another change itself. One thing we know after looked back 15 months, so they are just reason why I think this makes sense is November, this place is really inter- talking about a time period from the no one really comes here with the idea, ested in what the voters think. We middle of 1993 to November 1994, and ‘‘I want to be in Congress to have a trip know they put us in, watching us, and auditing this institution back through or a gift,’’ and no one would come for I know they can take us out, and they that period of time. I think they need that purpose, no one would stay for are not going to accept the old. We to go back further and look more thor- that purpose. Let us get rid of them, have given them a taste of the new, of oughly at this. restore the confidence and credibility the change, of the clean Government. But today they released this report, of the institution, along with the other We have audited this place. We have re- and it was a scathing indictment of the kinds of reforms that are institution- duced staff. We have opened up doors institution and the institutional fail- ally being made, whether it be legal re- and blown out cobwebs that have never ures, so much so that these auditors form, welfare reform, regulatory re- been there before, and they now know could not issue an opinion as to the fis- form, all the things that help make the we can do it, and I do not think they cal soundness or the financial situation country work better, make sure that are going to accept anything else but a of the House of Representatives. They Government is more responsive by cleaning. could not even issue an opinion. They leading by example within this institu- Next month the gentleman from Kan- said the records are so bad, they said tion on the gift ban and reforms of sas [Mr. BROWNBACK] and myself will be we had two sets of books during this campaigns; you are going to attract speaking to the United We Stand con- time period. Now, this is under the old some quality people who never would ference in Dallas, with nearly 10,000 ac- Congress. This is under the Congress have run before. tivists from around the Nation. You that was controlled by one party for 40 With term limits, they will all follow will be contacting groups, I say to the years in a row, so two sets of books. We us in Congress, revitalize it and make gentleman from Pennsylvania [Mr. could not find the audit trail suffi- it a stronger, more accountable place. FOX], and we will each individually di- ciently to be able to tell you what the Mr. BROWNBACK. On that point, vide up the Nation and get people to financial conditions of the House of that is absolutely true, and plus one work this bill. People will deliver it, or Representatives is today. They said thing I would add, in a representative it will not happen. We are going to do that if this was a private business, you democracy, it is critical that people our part. I am going to do my part, and could not get a loan, because we could have trust and faith in the representa- you both are. not say if your books were solid or not tive and the representative system. But it will take people. and, furthermore, you would be bank- They have lost that faith. We have got Mr. FOX of Pennsylvania. Like what rupt. to do what we can to restore that. you did in Washington State, I say to They said if you were a governmental Mrs. SMITH of Washington. Well, the gentlewoman from Washington institution, which this place is, you you could not have said it any better. [Mrs. SMITH]; that is how we will suc- would have violated the law since 1990. I have been wrestling with ways; a lot ceed here. We are on cash basis accounting. The of amendments, a lot of the bills that Mrs. SMITH of Washington. The peo- whole Government went to accrual have come forward on ethics in cam- ple let us not. basis accounting the year I was born paign and gifts have come from well-in- Mr. FOX of Pennsylvania. One at a except for the House of Representa- tentioned people, and they try so hard time. The people will make a dif- tives. to get a bill that will make the people ference. I could reflect also on another Now, this is itself a massive indict- here happy and, and you go through item today where reforms like yours ment of what took place financially in the exceptions, and they might have being introduced, in fact, we came to this institution, and this is just a 15- some logic to them for some person, fruition, one of the major items that month window that we have examined, but when you put them all together we talked about on day one was to and that is coming out today. and each of these bills that have come have a House audit so we could find out Mr. FOX of Pennsylvania. I also no- before us have exceptions, then there is what the books were like and what the ticed in my copy of the report, which still the problem of the appearance of finances were of our own House for the went to each Member, and it was a bi- evil. We know that most of our col- first time ever. I would ask the gen- partisan initiative, it showed that ac- leagues here are pretty honest people. tleman from Kansas [Mr. BROWNBACK] tually bills had not been paid, equip- Only a few break rules or are dishon- for his force reflections on where we ment was not accounted for, and there est. They are here to do a good job. are at this point, what has been discov- were security problem with the com- But the American people look at it ered, and where we go from here. puter system, within the internal sys- and go, ‘‘Just change,’’ and I think Mr. BROWNBACK. On day one of this tem. I was happy to see at the end of that we cannot any longer just mickey new Congress, we said there were a the day, and I am sure you were as with the system. I think we just have number of reforms we would pass. One well, that every single Member of this to change it to show them we are real- of those things on day one we said we Chamber voted to have the inspector ly a new Congress, a clean Congress. would do was audit the House of Rep- general do the followup work required, Mr. FOX of Pennsylvania. In terms of resentatives for the first time in the hopefully with your help and the gen- the legislation filed today and dis- history of this institution, long over- tlewoman from Washington [Mrs. cussed before the press corps of Wash- due, particularly when you consider SMITH] we will be able to go backward ington, where do you see the next step? this is the place that has had a House in time sufficiently suitable enough so How is it going to be passed? Many peo- post office scandal, a bank scandal, a we can get the other information we ple who are entrenched in Washington restaurant scandal, and any other need so we do not see these institu- do not want to see it. How will passage number, and yet we did not need to tional errors continue. come besides having our support? have an audit. Well, yes, it needed an Mrs. SMITH of Washington. If the Where do you think it is really going audit and we have had an audit re- gentleman will yield, you know, I to have a maximum effort? leased today. looked at this, and again I am an opti- Mrs. SMITH of Washington. It is We told people on that opening day, mist. I though how great we have the going to come from the American peo- and we told the auditors, ‘‘Follow your opportunity to change it, and this is a ple. It is going to come from the Amer- noses. See what you find in this par- Congress that will. You know we can ican people. Our plan, as you know, is ticular audit, in this situation.’’ Price look back and spend a lot of time on to go to large groups of Americans, or- Waterhouse, a private major account- being made, but we can look forward July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7177 and we can say we know what is wrong we need to, we are not going to clean to any other institution they have ever and we can make changes. up the House, and this is a further audited previously. I mean it has its But also I felt really good because statement: own set of records, and it seems to many of the things recommended when ‘‘No, we are.’’ serve its members more than be inter- it came to Government costs in this is It is a start. We passed the audit bill. ested in accountability. It was the too much, barbershops, beauty shops, Here is the first installment. We are auditors’ own statement. Well, that is all of those things we had already going to continue on it, and we have a staining indictment on the system. I started fixing, the printing costs, all of got to get the bad odor out of the place am glad to say that that system is those. I felt good we had already start- that we are finally started on. being thrown out—— ed changing. I felt good we could see Mr. FOX of Pennsylvania. Mr. Speak- Mr. FOX of Pennsylvania. As far as I where we could change, and that I be- er, I think it is a fact that what is real- am concerned, we got a breath of fresh lieve we can move forward. And I also ly clear here is that not only are we air coming through the Congress today felt good that we are not as partisan as talking about reforming Government, not only with the audit, but with the I have seen in the past and in other and that is downsizing, privatizing, legislation of the gentlewoman from layers of Government. We are giving it consolidating, eliminating agencies Washington [Mrs. SMITH] to get a new to an outside counsel to look at. We which have become bloated or duplicat- perspective. This may be a catalyst for are not playing around with it. We are ing what is in local governments, much change in government reform, political not holding our own hearings on it. We with your work with the New Federal- campaign reform, in gift ban, and I was are just saying, ‘‘Here, you take it, and ists, Congressman BROWNBACK and Con- just speaking to a taxi driver earlier you followup on this,’’ and I was proud gresswoman SMITH, but what we are this evening. He said: of us for doing that. I think that was a also doing is, like you said earlier, the ‘‘You know, I like it the way the very wise move for this institution to institution itself has become so inbred place is being questioned now.’’ He take, to not politically make this a with the problems of the books having said, ‘‘I’m reading more books on his- football. two systems, of having no change, kind tory. I’m looking into what the Gov- Mr. BROWNBACK. If the gentle- of the status quo was maintained. We ernment’s doing. I’m glad that you woman would yield for just a moment, have a new sign on this House, said the freshmen are questioning things that I I think those are absolutely appro- status quo no longer lives here. Every- always thought should be questioned, priate comments, and that is what the one is allowed to question everything. and you’re doing it, and whether you’re American people want us to do. They In fact, Mr. Speaker, the Speaker and a Republican or Democrat in this 104th want us to clean our own house up the leadership is saying to freshmen, Congress, things will get better, you’ll first. They want us to produce a small- ‘‘Please question the system,’’ and that be more accountable, and you’re listen- er Federal Government, clean up the goes for the American public. If they ing more to the folks back home. House of Representatives, and return got something they think where the I think they want to make sure we to the basic values that built the coun- Federal Government is off base, we are continue doing it. try, and we are getting a good start on here as Representatives in Congress Mr. BROWNBACK. Yes, and if the doing those things. and the Senate so we can make those gentleman would yield, that is the key I am just amazed that when I ran for fundamental changes in the institu- to representative democracy, and they Congress, and I ran a lot saying, tion, in the Federal Government. We feel like all they have had is more of an ‘‘We’re got to change Congress,’’ I did want to be more responsive, more ac- imperial Congress than a representa- not comment about—enough about how countable, spend less money, do more tive democracy. We have got to con- bad the institution had—— to help businesses grow, produce, and tinue. That is why campaign finance Mrs. SMITH of Washington. Did not hire, give individuals to be all they can reform, gift ban, the continuation of even know. be as well, and by listening to the the audit. Let us continue to looking Mr. BROWNBACK. Yes, I guess I American public, going back as often forward and backward at what is tak- didn’t realize it, but to never have been as you do to Kansas and LINDA does, ing place. We have got to reinstill that audited, to have this sort of lack of Congresswoman SMITH, to Washington, trust and faith in the American people ability to even be able to render an we will start hearing those kinds of and this institution. opinion, I mean the financial situation suggestions which will be institutional Mrs. SMITH of Washington. Mr. just stinks. as well as governmental. Speaker, if the gentleman will yield for What I am happy to see is we have Mr. BROWNBACK. If the gentleman a brief statement, I think though that blown the lid off of that. OK; it is no would yield, the gentleman from Min- we have to remember that we will only longer just this hidden little dirty se- nesota [Mr. GUTKNECHT] that is also in be able to do it if the American people cret that is only known around Wash- our class, he has a saying that he uses are behind us and pushing. This place ington. from his grandmother. It says: ‘‘If you still have rooms that need to be Look, here is the audit. I have got always do what you always done, you’ll cleaned, and it gets to be real hard for some summaries here. The audit is always get what you always got.’’ the oldtimers when they see so much inches thick that we have released out It is her statement, and what I am so happening, and so the American people today. Here is what it is, folks. Let us pleased about is that we are not just are going to have to call and say, ‘‘We get to the bottom of this, and at least doing what we always done. The stand- want the Brownback-Smith-Fox or the we have blown open the lids on the ard thing to do would be to say, OK, Fox-Smith-Brownback Clean Campaign Capitol, and given the people’s House when you take over, ‘‘Well, let’s not Act.’’ They have to do that. They have back to the people, and to me this is really look at the books, the audits. to say, ‘‘We want the Clean Campaign part about reestablishing the faith of You might get at your own Members. Act.’’ They need to call their Members the American people in representative You might get at some people you and tell them that, if they do not do democracy which we absolutely have to don’t want to.’’ that, it will not happen because this is do to continue to make the tough No, no, we are going to audit the going to be a tough change. choices for the future of our great Na- place. The thing we have to do now is When we get into this audit, they tion, which I was just home in Kansas, be vigilant and make sure that this need to commend us for doing it, not and I was down in Pittsburg, KS, this sticks, that the next time the auditors point fingers at all of us for cleaning it past weekend, and people there are say- look at this place, and we do an annual up, and we need the support of the ing: audit, and they look at an audit, they American people. This is going to be a ‘‘I’m scared for our Nation.’’ can issue an opinion where the House tough job, and we cannot do it by our- ‘‘I’m scared for our future.’’ of Representatives is, and they will not selves. What’s going to take place in the fu- say this place stinks, which is what the Mr. FOX of Pennsylvania. Well, I ture of this country?’’ auditor said today basically. want to thank the gentlewoman from Because they are just fearful we are I was in the committee where they Washington [Mrs. SMITH] and the gen- going to be self-serving, we are not released the information, and they tleman from Kansas [Mr. BROWNBACK] going to take care of the real business were saying they cannot compare this for their participation in this special H 7178 CONGRESSIONAL RECORD — HOUSE July 18, 1995 order tonight which dealt with reform- table and, under the rule, referred as posed refunds of excess royalty payments in ing the Congress, and for keeping the follows: OCS areas, pursuant to 43 U.S.C. 1339(b); to the Committee on Resources. revolution alive, and we thank them S. 457. An act to amend the Immigration 1226. A letter from the Deputy Associate for their efforts and leadership. and Nationality Act to update references in Director for Compliance, Department of the the classification of children for purposes of f Interior, transmitting notification of pro- United States immigration laws; to the Com- posed refunds of excess royalty payments in LEAVE OF ABSENCE mittee on the Judiciary. OCS areas, pursuant to 43 U.S.C. 1339(b); to By unanimous consent, leave of ab- f the Committee on Resources. sence was granted to: 1227. A letter from the Acting Assistant Mr. CRANE (at the request of Mr. SENATE ENROLLED BILL SIGNED Secretary for Territorial and International ARMEY) from 2:30 p.m. today through The SPEAKER announced his signa- Affairs, Department of the Interior, trans- Wednesday, July 19, on account of the ture to an enrolled bill of the Senate of mitting a draft of proposed legislation enti- death of his father. the following title: tled, ‘‘Pacific Insular Fisheries Empow- erment Act of 1995’’; to the Committee on f S. 523. An act to amend the Colorado River Resources. Basin Salinity Control Act to authorize addi- SPECIAL ORDERS GRANTED tional measures to carry out the control of f By unanimous consent, permission to salinity upstream of Imperial Dam in a cost- effective manner, and for other purposes. REPORTS OF COMMITTEES ON address the House, following the legis- PUBLIC BILLS AND RESOLUTIONS lative program and any special orders f heretofore entered, was granted to: Under clause 2 of rule XIII, reports of (The following Members (at the re- ADJOURNMENT committees were delivered to the Clerk quest of Mr. FATTAH) to revise and ex- Mr. FOX of Pennsylvania. Mr. Speak- for printing and reference to the proper tend their remarks and include extra- er, I move that the House do now ad- calendar, as follows: neous material:) journ. Mr. SHUSTER: Committee on Transpor- Ms. KAPTUR, today, for 5 minutes. The motion was agreed to; accord- tation and Infrastructure. H.R. 714. A bill to Mr. OLVER, today, for 5 minutes. ingly (at 10 o’clock and 52 minutes establish the Midewin National Tallgrass Mr. DEFAZIO, today, for 5 minutes. p.m.), the House adjourned until to- Prairie in the State of Illinois, and for other Mr. RUSH, today, for 5 minutes. morrow, Wednesday, July 19, 1995, at 10 purposes; with an amendment (Rept. 104–191, Pt. 1). Ordered to be printed. Ms. MCKINNEY, today, for 5 minutes. a.m. Ms. BROWN of Florida, today, for 5 Mr. SHUSTER: Committee on transpor- minutes. f tation and Infrastructure. H.R. 1943. A bill to (The following Members (at the re- amend the Federal Water Pollution Control EXECUTIVE COMMUNICATIONS, Act to deem certain municipal wastewater quest of Mr. HAYWORTH) to revise and ETC. treatment facilities discharging into ocean extend their remarks and include ex- waters as the equivalent of secondary treat- traneous material:) Under clause 2 of rule XXIV, execu- tive communications were taken from ment facilities (Rept. 104–192). Referred to Mr. BALLENGER, today, for 5 minutes. the Committee of the Whole House on the Mr. BROWNBACK, today, for 5 minutes. the Speaker’s table and referred as fol- State of the Union. Ms. SEASTRAND, on July 20, for 5 min- lows: Mr. LEACH: Committee on Banking and utes. 1219. A letter from the Acting Director, De- Financial Services. H.R. 1858. A bill to re- Mr. JONES, today, for 5 minutes. fense Security Assistance Agency, transmit- duce paperwork and additional regulatory Mr. FORBES, today, for 5 minutes. ting the Department of the Air Force’s pro- burdens for depository institutions; with an Mr. HAYWORTH, today, for 5 minutes. posed lease of defense articles to the Taipei amendment (Rept. 104–193). Referred to the Mr. BRYANT of Tennessee, today, for 5 economic and cultural representative in the Committee of the Whole House on the State minutes. United States [TECRO] (Transmittal No. 29– of the Union. (The following Member (at her own 95), pursuant to 22 U.S.C. 2796a(a); to the f request) to revise and extend her re- Committee on International Relations. marks and include extraneous mate- 1220. A letter from the Assistant Legal Ad- BILLS PLACED ON THE viser for Treaty Affairs, Department of CORRECTIONS CALENDAR rial:) State, transmitting copies of international Mrs. MEEK of Florida, today, for 5 agreements, other than treaties, entered into Under clause 4 of rule XIII, the minutes. by the United States, pursuant to 1 U.S.C. Speaker filed with the Clerk a notice f 112b(a); to the Committee on International requesting that the following bills be Relations. placed upon the Corrections Calendar: EXTENSION OF REMARKS 1221. A letter from the Auditor, District of H.R. 1943. To amend the Federal Water Pol- Columbia, transmitting a copy of a report By unanimous consent, permission to lution Control Act to deem certain munici- entitled, ‘‘Review of the Award and Adminis- revise and extend remarks was granted pal wastewater treatment facilities discharg- tration of Parking Ticket Processing and De- to: ing into ocean waters as the equivalent of linquent Ticket Collection Services Con- (The following Members (at the re- secondary treatment facilities. tracts,’’ pursuant to D.C. Code, section 47– quest of Mr. FATTAH) and to include ex- 117(d); to the Committee on Government Re- f traneous matter:) form and Oversight. Mr. SKELTON in five instances. 1222. A letter from the Deputy Director for PUBLIC BILLS AND RESOLUTIONS Mr. STARK in two instances. Operations and Benefits, District of Colum- Under clause 5 of rule X and clause 4 Mr. FAZIO. bia Retirement Board, transmitting the fi- of rule XXII, public bills and resolu- Mrs. COLLINS of Illinois nancial disclosure statement of a board Mrs. SCHROEDER. member, pursuant to D.C. Code, section 1–732 tions were introduced and severally re- Mr. RAHALL. and 1–734(a)(1)(A); to the Committee on Gov- ferred as follows: Mr. ANDREWS. ernment Reform and Oversight. By Mr. LONGLEY: Mr. RUSH. 1223. A letter from the Chairman, Federal H.R. 2049. A bill to designate the Federal (The following Members (at the re- Election Commission, transmitting a copy of building located at 33 College Avenue in quest of Mr. HAYWORTH) and to include a report entitled, ‘‘Impact of the National Waterville, ME, as the ‘‘George J. Mitchell extraneous matter:) Voter Registration Act of 1993 on the Admin- Federal Building’’; to the Committee on Mr. SENSENBRENNER. istration of Elections for Federal Office, Transportation and Infrastructure. Mr. CRANE in two instances. 1993–1994,’’ pursuant to 42 U.S.C. 1973gg–7; to By Mr. BAKER of Louisiana: Mr. WATTS of Oklahoma. the Committee on House Oversight. H.R. 2050. A bill to amend the Internal Rev- Mr. GILLMOR. 1224. A letter from the Deputy Associate enue Code of 1986 to restore the deduction for Mr. PACKARD. Director for Compliance, Department of the interest on higher education loans and to permit penalty-free withdrawals from quali- Mr. WOLF. Interior, transmitting notification of pro- posed refunds of excess royalty payments in fied retirement plans to pay for higher edu- f OCS areas, pursuant to 43 U.S.C. 1339(b); to cation expenses; to the Committee on Ways SENATE BILLS REFERRED the Committee on Resources. and Means. 1225. A letter from the Deputy Associate H.R. 2051. A bill to amend the Internal Rev- A bill of the Senate of the following Director for Compliance, Department of the enue Code of 1986 to restore the deduction for title was taken from the Speaker’s Interior, transmitting notification of pro- the health insurance costs of self-employed July 18, 1995 CONGRESSIONAL RECORD — HOUSE H 7179

individuals, to provide incentives for certain to the 10th amendment to the Constitution DIAZ-BALART, Mr. CRAPO, Mrs. WALDHOLTZ, medical practitioners to practice in rural of the United States; to the Committee on and Mr. PAXON. areas, to provide for the creation of medical the Judiciary. H.R. 1853: Ms. MCKINNEY and Mr. REYN- savings accounts, and for other purposes; to 134. Also, memorial of the House of Rep- OLDS. the Committee on Ways and Means, and in resentatives of the State of South Dakota, H.R. 1872: Mr. SKAGGS. addition to the Committees on Commerce, relative to memorializing the Congress of H.R. 1884: Mr. LIPINSKI. and the Judiciary, for a period to be subse- the United States to enact legislation to pro- H.R. 1950: Mr. DEFAZIO, Ms. MCKINNEY, Mr. quently determined by the Speaker, in each vide for medical savings accounts; jointly, to KENNEDY of Rhode Island, and Ms. NORTON. case for consideration of such provisions as the Committees on Economic and Edu- H.R. 1963: Mr. SENSENBRENNER. fall within the jurisdiction of the committee cational Opportunities and Commerce. H.R. 1981: Mr. CREMEANS, Mr. ENSIGN, Mr. concerned. 135. Also, memorial of the House of Rep- STEARNS, and Mr. EWING. By Mr. BEILENSON (for himself and resentatives of the State of Alabama, rel- H.R. 1985: Mr. SKEEN, Mr. JOHNSON of South Mrs. MORELLA): ative to urging the U.S. Senate to approve Dakota, Mr. REYNOLDS, Ms. VELAZQUEZ, Mrs. H.R. 2052. A bill to amend the Foreign As- legislation returning reasonableness to the LOWEY, and Mr. BARTLETT of Maryland. sistance Act of 1961 to establish and environmental regulatory process; jointly, to H.R. 2013: Mrs. THURMAN, Mr. HYDE, and strengthen policies and programs for the the Committees on Commerce, Transpor- Mr. TANNER. early stabilization of world population tation and Infrastructure, and Science. H.R. 2026: Mr. FROST, Mr. BORSKI, and Mr. through the global expansion of reproductive HOKE. f choice, and for other purposes; to the Com- H.J. Res. 89: Mr. DEAL of Georgia, Mr. BACHUS, Mrs. SEASTRAND, Mr. BISHOP, Mr. mittee on International Relations. ADDITIONAL SPONSORS By Mr. BEREUTER (for himself, Mr. CALVERT, Mr. HANCOCK, Mr. CUNNINGHAM, and HAMILTON, Mr. ARCHER, Mr. GIBBONS, Under clause 4 of rule XXII, sponsors Mr. BUYER. Mr. CRANE, Mr. MATSUI, Mr. were added to public bills and resolu- H. Con. Res. 8: Mr. HOKE. H. Con. Res. 42: Ms. PELOSI, Mr. POMBO, Mr. GALLEGLY, Mr. JOHNSTON of Florida, tions as follows: ALMON ALEOMAVAEGA Mr. THOMAS, Mr. ROEMER, Mr. KOLBE, S , and Mr. F . H.R. 60: Mr. GOODLING, Mr. FUNDERBURK, H. Con. Res. 50: Mr. MANTON. Mr. DREIER, Mr. BENTSEN, Mr. LIGHT- and Mr. STOCKMAN. H. Con. Res. 78: Mrs. THURMAN, Mr. FOOT, Mr. SHAW, Mr. CASTLE, Mr. H.R. 65: Mr. DICKS and Mr. STUPAK. HINCHEY, Mr. MCDERMOTT, Mr. LEVIN, Mr. ENGLISH of Pennsylvania, Mr. H.R. 103: Mr. GILMAN. BOUCHER, Mr. VENTO, and Mr. BEVILL. BROWNBACK, and Mr. ROTH): H.R. 123: Mr. TAUZIN, Mr. HERGER, Mr. WIL- H.R. 2053. A bill establishing United States H. Con. Res. 79: Mr. LIPINSKI and Ms. SON, and Mr. WATTS of Oklahoma. policy toward China; to the Committee on ESHOO. H.R. 218: Mr. DICKEY. International Relations, and in addition to H. Res. 174: Mr. ACKERMAN, Mr. FILNER, Mr. H.R. 303: Mr. DICKS and Mr. STUPAK. the Committees on Ways and Means, and BROWN of Ohio, Mr. MATSUI, Mr. REED, Mr. H.R. 359: Mr. SHUSTER and Mr. TORKILDSEN. Banking and Financial Services, for a period OLVER, Mrs. LOWEY, Mr. SABO, Ms. LOFGREN, H.R. 373: Mr. STOCKMAN. to be subsequently determined by the Speak- Mrs. MINK of Hawaii, Mr. SCHUMER, Mr. H.R. 394: Mr. SAM JOHNSON, Mr. PETERSON er, in each case for consideration of such pro- ABERCROMBIE, Mr. BROWN of California, Mr. of Minnesota, Mr. PAXON, Mrs. KELLY, and visions as fall within the jurisdiction of the PALLONE, Mr. FLAKE, Mr. SMITH of New Jer- Mr. SOUDER. committee concerned. sey, and Mr. POSHARD. H.R. 713: Mr. SCHUMER, Mr. BONIOR, and By Mr. DICKS (for himself, and Mr. f Mr. FOGLIETTA. MCDERMOTT): H.R. 858: Mr. HEFNER, Mr. LUTHER, Mr. H.R. 2054. A bill to amend the Internal Rev- AMENDMENTS THOMPSON, Mr. JEFFERSON, Ms. RIVERS, Mr. enue Code of 1986 to apply the rehabilitation ROSE, and Mr. HORN. Under clause 6 of rule XXIII, pro- credit to historic ships, aircraft, and other H.R. 887: Mr. LUTHER. posed amendments were submitted as vessels; to the Committee on Ways and H.R. 922: Mr. FIELDS of Louisiana, Mr. PE- Means. follows: TERSON of Minnesota, and Mr. PICKETT. By Mr. GOODLING: H.R. 1976 H.R. 927: Mr. ENGLISH of Pennsylvania. H.R. 2055. A bill to amend the General Edu- OFFERED BY: MR. CAMP cations Provisions Act expanding the exemp- H.R. 941: Mr. SCHUMER, Ms. MCKINNEY, Ms. VELAZQUEZ, Mr. OWENS, and Mr. COLEMAN. AMENDMENT NO. 47: Page 13, line 24, strike tion for the release of student records to ‘‘$31,485,000’’ and insert $31,930,000’’. comply with certain State statutes; to the H.R. 994: Mr. CONDIT. H.R. 995: Mr. SHAYS, Mr. LEACH, Mr. Page 14, line 2, strike $98,810,000’’ and in- Committee on Economic and Educational sert $98,365,000’’. Opportunities. SAXTON, Ms. LOFGREN, and Mr. LIPINSKI. H.R. 1976 By Mr. MARTINEZ: H.R. 1000: Mr. WYNN. H.R. 2056. A bill to amend the Older Ameri- H.R. 1020: Mr. BARR, Mr. ALLARD, and Mr. OFFERED BY: MR. CASTLE cans Act of 1965 to provide for Federal-State WATT of North Carolina. AMENDMENT NO. 48: Page 25, line 20, strike performance partnerships, to consolidate all H.R. 1043: Mr. NEY. ‘‘$805,888,000’’ and insert ‘‘802,888,000’’. nutrition programs under the act in the De- H.R. 1119: Mr. CRAPO, Ms. ROYBAL-ALLARD, Page 31, line 19, strike $629,986,000’’ and in- partment of Health and Human Services, to and Ms. ESHOO. sert $612,986,000’’. extend authorizations of appropriations for H.R. 1127: Mr. KASICH, Mr. FRELINGHUYSEN, Page 40, line 10, before ‘‘for loans’’ insert programs under the act through fiscal year Mr. SHUSTER, Mr. HUNTER, Mr. MCINTOSH, ‘‘(plus $200,000,000)’’. 1998, and for other purposes; to the Commit- Mr. CASTLE, Mr. GUTKNECHT, Mr. BASS, Mr. Page 40, line 20, before ‘‘, of which’’ insert tee on Economic and Educational Opportuni- LATOURETTE, Mr. TRAFICANT, Mr. COBURN, ‘‘(plus $40,000,000)’’. ties. Mr. MANZULLO, Mr. MICA, Mr. HILLEARY, Ms. Page 57, line 20, strike ‘‘$821,100,000’’ and By Mr. TEJEDA (for himself, Mr. NORTON, Mr. WAXMAN, Mr. BARRETT of Wis- insert ‘‘801,100,000’’. consin, Mr. GOSS, Mr. WAMP, Mr. STOCKMAN, BONILLA, Mr. GONZALEZ, and Mr. H.R. 1976 SMITH of Texas): Mr. DOOLITTLE, Mr. GUNDERSON, Mr. HOUGH- OFFERED BY: MR. CONDIT H.J. Res. 102. Joint resolution disapproving TON, Mr. SAM JOHNSON, Mr. TALENT, and Mr. the recommendations of the Defense Base LOBIONDO. AMENDMENT NO. 49: Page 25, line 20, insert Closure and Realignment Commission; to the H.R. 1143: Mr. MARKEY. before the colon the following: ‘‘reduced by Commission on National Security. H.R. 1144: Mr. MARKEY. $300,000)’’. By Mr. ARMEY (for himself and Mr. H.R. 1145: Mr. MARKEY. Page 3, line 3, insert before the period the GEPHARDT): H.R. 1203: Mr. BILBRAY, Mrs. CUBIN, and Mr. following: ‘‘(increased by $300,000, which H. Res. 192. Resolution providing for addi- LATHAM. shall be available for the operation of the Of- tional auditing by the House Inspector Gen- H.R. 1204: Mr. LUTHER. fice of Risk Assessment and Coast-Benefit eral; considered and agreed to. H.R. 1301: Mr. JOHNSON of South Dakota. Analysis of the Department)’’. f H.R. 1309: Mr. EVANS, Mrs. MORELLA, and H.R. 1976 Mr. KLINK. OFFERED BY: MR. DE LA GARZA H.R. 1444: Mr. BONIOR and Mr. HINCHEY. MEMORIALS AMENDMENT NO. 50: On page 41, line 3, H.R. 1513: Mr. DEFAZIO. strike out ‘‘$390,211,000, of which $377,074,000’’ Under clause 4 of rule XXII, memori- H.R. 1579: Mr. STARK. and insert ‘‘$385,889,000, of which als were presented and referred as fol- H.R. 1611: Mr. PICKETT. $372,897,506’’; and lows: H.R. 1627: Mr. TANNER. On page 46 after line 7 insert the following 132. By the SPEAKER: Memorial of the H.R. 1631: Mr. HILLIARD. paragraph: Legislature of the State of Nebraska, rel- H.R. 1678: Mrs. ROUKEMA, Mr. KIM, Mr. ative to the Western Area Power Adminis- BARRETT of Nebraska, and Mr. FOX. ‘‘RURAL DEVELOPMENT LOAN FUND PROGRAM tration; to the Committee on Resources. H.R. 1803: Mrs. WALDHOLTZ. ACCOUNT 133. Also, memorial of the House of Rep- H.R. 1833: Mr. HASTINGS of Washington, Mr. ‘‘For the cost of direct loans as authorized resentatives of the State of Kansas, relative LIGHTFOOT, Mr. PORTMAN, Mr. HAYES, Mr. by the rural development loan fund (42 H 7180 CONGRESSIONAL RECORD — HOUSE July 18, 1995 U.S.C. 9812(a)) for empowerment zones and Page 61, after line 22, insert the following: Page 23, line 14, strike the colon and all enterprise communities, as authorized by SYNTHETIC BOVINE GROWTH HORMONE RESIDUE that follows through ‘‘1996’’ on line 15. title XIII of the Omnibus Budget Reconcili- TEST Page 23, after line 15, insert the following: ation Act of 1993, $4,322,000, to subsidize gross For the development of a test to show In addition, for the cost (as defined in sec- obligations for the principal amount of di- whether synthetic bovine growth hormone tion 502 of the Congressional Budget Act of rect loans, $7,246,000.’’. (BGH) (also called bovine somatotropin 1974) of new loan guarantee commitments H.R. 1976 (BST)) is present in milk and to make the under section 511 of such Act, $10,000,000. OFFERED BY: MR. DURBIN test commercially available to dairy produc- H.R. 2002 AMENDMENT NO. 51: Page 71, after line 2, in- ers, processors, and public health and agri- OFFERED BY: MR. FILNER sert the following new section: culture agencies of the United States, and AMENDMENT NO. 4: Page 23, line 14, strike SEC. 726. None of the funds made available for the preparation of a report on the impact in this Act to the Department of Agriculture of the introduction of synthetic bovine the colon and all that follows through ‘‘1996’’ may be used (1) to carry out, or pay the sala- growth hormone on small farms in America, on line 15. ries of personnel who carry out, any exten- $500,000. Page 23, after line 15, insert the following: In addition, for the cost (as defined in sec- sion service program for tobacco; or (2) to H.R. 1976 provide, or to pay the salaries of personnel tion 502 of the Congressional Budget Act of OFFERED BY: MR. SANDERS who provide, crop insurance for tobacco for 1974) of new loan guarantee commitments the 1996 or later crop years. AMENDMENT NO. 58: Page 71, after line 2, in- under section 511 of such Act, $10,000,000. sert the following: H.R. 1976 Page 24, line 24, strike ‘‘$628,000,000’’ and SEC. 726. After April 1, 1996, none of the insert ‘‘$618,000,000’’. OFFERED BY: MR. MILLER OF FLORIDA funds made available in this Act may be used Page 24, line 25, strike ‘‘$336,000,000’’ and AMENDMENT NO. 52: Page 54, line 7, strike to pay the salaries and expenses of the Food insert ‘‘$326,000,000’’. ‘‘the program.’’ and insert in lieu thereof and Drug Administration unless it is made H.R. 2002 ‘‘the program: Provided further, That none of known to the Federal disbursing official con- the funds in this account shall be available cerned that a test has been developed to OFFERED BY: MR. NADLER to any State that does not use the competi- show whether synthetic bovine growth hor- AMENDMENT NO. 5: Page 36, after line 13, in- tive bidding process for the procurement of mone (BGH) (also called bovine sert the following caption: infant formula as required by the Child Nu- somatotropin (BST)) is present in milk, that (INCLUDING RESCISSION) trition Act as of July 18, 1995.’’ such a test is being developed by the FDA as H.R. 1976 quickly as practicable, or that, despite the Page 54, after line 24, insert the following: SEC. 346. Amounts made available for im- OFFERED BY: MR. MILLER OF CALIFORNIA input of all interested persons, the develop- ment of such a test is impossible at this provements to the Miller Highway in New AMENDMENT NO. 53: Insert before the short time. York City, New York, which are not obli- title (page 71, after line 2) the following new H.R. 1976 gated before the date of the enactment of section: this Act are rescinded. SEC. 726. None of the funds appropriated or OFFERED BY: MR. SANDERS H.R. 2002 otherwise made available in this Act may be AMENDMENT NO. 59. Page 71, after line 2, in- used to administer any price support pro- sert the following: OFFERED BY: MR. NADLER gram for sugar beets or sugar cane under sec- SEC. 726. After April 1, 1996, none of the AMENDMENT NO. 6: Page 54, after line 24, in- tion 206 of the Agricultural Act of 1949 (7 funds made available in this Act may be used sert the following: U.S.C. 1446g) or other authority or to estab- to pay the salaries and expenses of the Food SEC. 346. None of the funds made available lish or administer marketing allotments for and Drug Administration unless it is made in this Act may be used to carry out any sugar and crystalline fructose under part VII known to the Federal disbursing official con- project for improvements to the Miller High- of subtitle B of title III of the Agriculture cerned that a report has been completed on way in New York City, New York. Adjustment Act of 1938 (7 U.S.C. 1359aa– the impact of the introduction of synthetic H.R. 2002 1359jj), unless such administration is in re- bovine growth hormone on small dairy farms sponse to a violation of such laws occurring in America. OFFERED BY: MR. NADLER before the date of the enactment of this Act. H.R. 1976 AMENDMENT NO. 7: Page 54, after line 24, in- H.R. 1976 OFFERED BY: MR. SCARBOROUGH sert the following: OFFERED BY: MR. SANDERS SEC. 346. None of the funds made available AMENDMENT NO. 60. Page 56, Line 16, strike in this Act may be used to carry out any AMENDMENT NO. 54: Page 56, line 16, strike ‘‘$123,520,000’’ and insert ‘‘$117,853,000’’. ‘‘$123,520,000’’ and insert ‘‘$123,020,000’’. project for improvements to the Miller High- Page 60, line 15, strike ‘‘$904,694,000’’ and H.R. 1976 way in New York City, New York, except to insert ‘‘$905,194,000’’. OFFERED BY: MR. SMITH OF MICHIGAN the extent that such funds are for liquidat- H.R. 1976 AMENDMENT NO. 61. Page 25, line 20, strike ing obligations incurred before the date of the enactment of this Act. OFFERED BY: MR. SANDERS the pending dollar amount ($788,388,000) and insert ‘‘$793,888,000’’. AMENDMENT NO. 55: Page 56, line 16, insert H.R. 2020 Page 30, after line 13, insert the following before ‘‘, of which’’ the following: ‘‘(reduced OFFERED BY: MR. HOKE new section: by $500,000)’’. GENERAL PROVISIONS AMENDMENT NO. 10: Page 84, after line 17, Page 60, line 15, insert before ‘‘, of which’’ insert the following new section: the following ‘‘(increased by $500,000)’’. SEC. 101. Each amount appropriated by this SEC. 628. The amounts otherwise provided H.R. 1976 title under the following headings is hereby in this Act for the Internal Revenue Service reduced by 5.02 percent: OFFERED BY: MR. SANDERS for the following accounts and activities are (1) ‘‘Office of the Secretary’’. hereby reduced by the following amounts: AMENDMENT NO. 56: Page 60, line 15, strike (2) ‘‘Chief Economist’’. (1) ‘‘Processing, Assistance, and Manage- ‘‘$904,694,000’’ and insert ‘‘$904,194,000’’. (3) ‘‘National Appeals Division’’. ment’’, $171,476,000. Page 61, after line 22, insert the following: (4) ‘‘Office of Budget and Program Analy- SYNTHETIC BOVINE GROWTH HORMONE RESIDUE sis’’. (2) ‘‘Information Systems’’, $188,706,000. TEST (5) ‘‘Chief Financial Officer’’. H.R. 2020 For the development of a test to show (6) ‘‘Office of the Assistant Secretary for OFFERED BY: MR. SANDERS whether synthetic bovine growth hormone Administration’’. AMENDMENT NO. 11: Page 2, line 23, strike (BGH) (also called bovine somatotropin (7) ‘‘Departmental Administration’’. ‘‘$104,000,500’’ and insert ‘‘$103,000,500’’. (BST)) is present in milk and to make the (8) ‘‘Office of the Assistant Secretary for test commercially available to dairy produc- Congressional Relations’’. Page 3, line 10, strike ‘‘$29,319,000’’ and in- ers, processors, and public health and agri- (9) ‘‘Office of Communications’’. sert ‘‘$30,319,000’’. culture agencies of the United States, and (10) ‘‘Office of the General Counsel’’. H.R. 2020 for the preparation of a report on the impact (11) ‘‘Office of the Under Secretary for Re- OFFERED BY: MR. SANDERS of the introduction of synthetic bovine search, Education and Economics’’. AMENDMENT NO. 12: Page 84, after line 17, growth hormone on small farms in America, (12) ‘‘Economic Research Service’’. insert the following new section: $500,000. (13) ‘‘National Agricultural Statistics Service’’. SEC. 628. None of the funds appropriated by H.R. 1976 this Act may be used for salaries or expenses H.R. 2002 OFFERED BY: MR. SANDERS of any employee, including any employee of AMENDMENT NO. 57: Page 60, line 15, insert OFFERED BY: MR. FILNER the Executive Office of the President, in con- before ‘‘of which’’ the following: ‘‘(reduced AMENDMENT NO. 3: Page 17, line 8, strike nection with the obligation or expenditure of by $500,000),’’. ‘‘$18,000,000,000’’ and insert ‘‘$17,990,000,000’’. funds in the exchange stabilization fund. 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, TUESDAY, JULY 18, 1995 No. 116 Senate (Legislative day of Monday, July 10, 1995)

The Senate met at 9 a.m., on the ex- a.m. this morning. At 10 a.m. the Sen- The Senator from South Carolina. piration of the recess, and was called to ate will resume consideration of S. 343, f order by the President pro tempore the regulatory reform bill, with the THE CRISIS IN BOSNIA [Mr. THURMOND]. Glenn substitute amendment pending. Mr. THURMOND. Mr. President, last f The Senate will then stand in recess week the Bosnian town of Srebrenica, a PRAYER from 12:30 to 2:15 p.m., to accommodate the respective party luncheons. At 2:15 so-called U.N. protected area, fell to The Chaplain, Dr. Lloyd John p.m., under a previous order, there will Bosnian Serbs. In scenes reminiscent of Ogilvie, offered the following prayer: be two consecutive rollcall votes. The the genocide of World War II, Serb Almighty God, whose mercies are first will be a 15-minute vote on the troops rounded up Bosnian Moslems new every morning and whose presence Glenn substitute amendment, followed and forcibly expelled thousands of sustains us through the day, we seek to by a vote on the motion to invoke clo- women, children, and the elderly from glorify You in all we do and say. You ture on the Dole-Johnston substitute their homes. Military-age men were provide us strength for the day, guid- amendment, which will be 10 minutes held captive, and there are reports that ance in our decisions, vision for the in length. some have been murdered. Rapes and way, courage in adversity, help from The votes ordered for 2:15 p.m. are other atrocities are reported as well. above, unfailing empathy, and unlim- not necessarily the first votes of the This week Zepa, another U.N. pro- ited love. You never leave us or forsake day. Rollcall votes are expected tected area in eastern Bosnia, is about us; nor do You ask of us more than You throughout the day and a late night to fall to the Serbs. The U.N. protected will provide the resources to accom- session is possible in order to make area of Gorazde is under attack. Serbs plish. Here are our minds, think Your progress on the regulatory reform bill. inside the U.N. exclusion zone around thoughts in them; here are our hearts, Finally, Senators are reminded that Sarajevo are shelling the city and kill- express Your love and encouragement under rule XXII, second-degree amend- ing innocent civilians in that U.N. pro- through them; here are our voices, ments to the Dole-Johnston substitute tected area. In the northeast, the U.N. speak Your truth through them. must be filed by 12:30 p.m. today in safe haven of Bihac remains cut off and We dedicate this day to discern and order to qualify postcloture. Also, in threatened. do Your will. We trust in You, dear connection with the third cloture mo- Throughout Bosnia today, we see the God, and ask You to continue to bless tion, filed yesterday on the Dole-John- triumph of Serbian aggression, aided America through the leadership of the ston substitute, any further first-de- and abetted by confusion and inaction women and men of this Senate. Help gree amendments must be filed by 12:30 on the part of the United Nations and them as they grapple with the prob- p.m. today. the Western democracies. lems and grasp Your potential for the Mr. President, I suggest the absence Mr. President, what is the response crucial issues before them today. of a quorum. of the Western democracies to the Amen. The PRESIDENT pro tempore. The atrocities and brutal aggression of the f clerk will call the roll. Serbs? The response is another U.N. Se- The legislative clerk proceeded to curity Council resolution, calling on RECOGNITION OF THE ACTING call the roll. the Secretary General to restore the MAJORITY LEADER Mr. THURMOND. Mr. President, I safe haven of Srebrenica. In Bosnia, the The PRESIDENT pro tempore. The ask unanimous consent that the order United Nations spokesmen issue more able acting majority leader is recog- for the quorum call be rescinded. empty threats, hollow denunciations, nized. The PRESIDING OFFICER (Mr. and vain demands. It would be better f SMITH). Without objection, it is so or- to say nothing at all than to engage in dered. such futile bluster, which only invites SCHEDULE f the contempt of the world. Mr. SMITH. Mr. President, on behalf One definition of stupidity is to do of the majority leader, for the benefit MORNING BUSINESS the same thing over and over again and of my colleagues, I would like to an- The PRESIDING OFFICER. Under expect a different result. This certainly nounce the Senate schedule. the previous order, there will now be a characterizes the policy of the admin- Leader time is reserved. There will be period for the transaction of morning istration and our Western allies. Its a period of morning business until 10 business. failure is apparent for anyone to see,

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

S10177

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VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10178 CONGRESSIONAL RECORD — SENATE July 18, 1995 and yet we persist in following the placed the fate of Bosnia in the hands United Nations and NATO. There must same discredited course. of the United Nations, but the United also be robust rules of engagement, al- UNPROFOR has been emasculated Nations has been unable to keep a non- lowing the use of overwhelming force and cannot protect its own forces, existent peace. That is no more the for any attacks on NATO or on much less the U.N. protected areas, fault of the United States than of any UNPROFOR. The scope and duration of which are becoming traps for desperate other U.N. member. In any case, the the withdrawal mission must be lim- Bosnians who relied upon U.N. prom- world cannot be blamed for trying a ited. I do not advocate a date certain ises. Humanitarian aid is being collective approach. But there is plenty for ending it, but it must end promptly blocked. It is clear that the Bosnian of blame to go around if the United when all UNPROFOR and NATO troops Serbs are in control of the situation, States and our allies persist in fol- are safely out. It must not be trans- and the United Nations is allowed to lowing a course that has clearly failed. formed at some point into a peace en- carry out its mission only when the Increasing the number of U.N. peace- forcement mission. Bosnian Serbs allow it. In short, keepers or keeping UNPROFOR in Bos- Mr. President, the United States can- UNPROFOR cannot carry out the U.N. nia will only prolong the agony, com- not stand idly by while U.N. troops Security Council mandates that justify plicate matters further, and block the from allied nations are in mortal dan- its presence. Despite good intentions possibility of other solutions. ger. The damage to U.S. leadership, and valiant efforts, UNPROFOR has Mr. President, the situation in Bos- honor, prestige, and credibility would failed—failed on its own terms. Now nia is terribly complex, and there are be beyond calculation. These are not humiliation and disgrace are no easy answers. Any course of action mere words. Credibility, prestige, and compounding the failure. has potential pitfalls. But there is also national honor are essential compo- What does it take, Mr. President? a penalty for doing nothing, or for re- nents of national security, as they When will the U.N., the United States, maining mired in the status quo. have always been. They are especially and our allies accept the reality that In my view, the administration has important if we are to exercise the the Bosnian crisis has deteriorated be- failed to properly evaluate the damage moral leadership expected of the yond our ability to salvage it? to U.S. leadership and credibility, and world’s only superpower. Britain, France, and Holland have to the Western alliance, from sup- If Americans want to remain secure pinned their hopes on the new rapid re- porting the status quo. The credibility in today’s violent and chaotic world, action force. They are sending in 12,000 of NATO as well as of the United Na- we must never permit doubts to exist more troops to support UNPROFOR. tions have been severely undermined. in the minds of friends or enemies that Out of solidarity with our allies, the It is a serious mistake to continue sub- our word is good, or that we can be re- United States is providing sealift, air- ordinating NATO to the United Na- lied upon to stand with our allies, or lift, and military equipment. But in my tions out of a misguided desire to re- that we will keep our commitments. view, the rapid reaction force is not store the United Nations lost credi- The credibility that comes from dem- going to prevent the situation from de- bility. The longer the present situation onstrated steadfastness of purpose is a teriorating further, or stop the Serbs continues, the greater the damage to key aspect of deterrence. It is an essen- from overrunning of the safe havens. the health and solidarity of the West- tial though intangible element of glob- The rapid reaction force has been ren- ern alliance. We cannot afford to let al power, and of the necessary relations dered ineffective before it ever got off NATO to become a casualty of the Bos- between states. A great nation cannot the ground. As long as it remains under nian tragedy. remain great very long without it. U.N. operational control it will not be The fall of Srebrenica and the immi- That is why we must end the charade rapid, nor reactive, nor even a force. nent fall of Zepa make it quite clear— of the U.N. presence in Bosnia, stand I do not understand why the adminis- UNPROFOR has become impotent and with our allies by assisting them to tration persists in supporting the sta- must withdraw. There is no excuse for disengage, and then turn our attention tus quo no matter how discredited the leaving U.N. troops in such a dangerous to longer term solutions that will stop current policy becomes. Administra- and untenable position any longer. the agony in that troubled land. tion officials have testified numerous There is no excuse for continuing to I thank the Chair, and yield the times that the United States does not incur the huge expense of the failed floor. have sufficient national interests at U.N. mission. We can no longer tol- The PRESIDING OFFICER. Under stake in Bosnia to justify sending erate a policy based on denial and the previous order, the Senator from American ground troops and becoming avoidance of reality. Georgia, Senator NUNN, is recognized a combatant in the conflict. I agree I believe it is past time for the Con- to speak for up to 30 minutes. completely, and so do the American gress to focus its attention on getting people. Administration officials have the U.N. out of Bosnia. If the adminis- f also testified that the best way to tration is reluctant to support a U.N. INEFFECTUAL U.N. PROTECTION serve the national interests of the withdrawal because it fears a negative FORCES IN BOSNIA United States is to keep UNPROFOR in political reaction, then now is the time Bosnia so that it can work to limit the for Congress to show leadership, and to Mr. NUNN. Mr. President, I too want suffering of the innocent, and to keep make it clear that the United States to discuss the subject which the Sen- the conflict from spreading while the will assist in extricating our allies ator from South Carolina has just ad- contact group seeks a diplomatic solu- from the Bosnian quagmire. But we dressed. tion. must work together—the executive Mr. President, I believe that the con- I wholeheartedly support the goals of branch and Congress—and reach a con- tinued presence of the ineffectual U.N. relieving the suffering and containing sensus as soon as possible. Further Protection Forces in Bosnia is eroding the conflict. What I can no longer sup- delays in getting ready to execute the the credibility of the United Nations, port is the proposition that the status NATO withdrawal plan will push the of NATO, and of the United States. quo, which relies upon an ineffectual plan’s execution into the winter I agree with the points that Senator U.N. peacekeeping mission and more months, making it far more difficult THURMOND just made. In particular, I diplomatic efforts, is the best way to and dangerous for United States and agree that the executive branch and achieve these goals. I am forced to ask: NATO troops to carry out. the Congress must work together and How many more diplomatic discussions Mr. President, Congress needs to send reach a consensus as soon as possible. have to take place? Intense diplomacy a clear signal now to the President This situation is bad enough without has been going on for years without that we will support the participation the President and the Congress being any resolution. of U.S. troops in a U.N. withdrawal op- in a big fight here. So we need to find The Administration appears to be- eration. Of course, as the President has a way to work together. lieve that the responsibility for any re- agreed, it must be totally under NATO The second point that I agree with sulting disaster will fall on the United command. Once our troops are com- that Senator THURMOND made is that States if UNPROFOR withdraws. I do mitted, there can no longer be any now is the time for the Congress to not agree. The world community dual-key arrangement between the show leadership and to make it clear

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10179 that the United States will assist in ex- We must not remove the President’s The latest version of the Dole- tracting our allies from Bosnia. Con- flexibility to react to unpredictable Lieberman bill is a major improvement gress cannot duck this question. situations in which American lives are in my view in that it takes into ac- The third point that he made that I at stake; count and into consideration some con- specifically agree with: The withdrawal We should not force our allies and cerns of our NATO allies who have operation must be totally under NATO our other U.N. forces to withdraw—ad- forces on the ground in Bosnia by de- command. There can be no ‘‘dual-key’’ vocating withdrawal is one thing, forc- laying the implementation of the ter- arrangement. There must be robust ing it by legislation is another thing mination of the Bosnian embargo until rules of engagement. And the scope and entirely. We need to distinguish be- the U.N. forces withdraw. That is a key the duration of the mission must be tween speeches and legislation; and difference from the approach that was limited. We should not and must not avoid taken in past resolutions. Addition- And, finally, I think the key point he the hard questions which will inevi- ally—and I think very importantly— made related to what the United tably flow from congressional actions. the new Dole-Lieberman proposal puts States’ role must be in the withdrawal; There are hard questions that have not the onus or responsibility on the Gov- that is, the honor and credibility of our yet fully been considered by either the ernment of Bosnia and the troop con- Nation are essential components, not House or the Senate in my view. tributing countries to decide if the only to our national security, not only Mr. President, many of our col- U.N. forces should stay in Bosnia. leagues want to—I use these terms in to Bosnia, but to deterrence through- It does this by terminating the em- out the world. That is essential. Honor shorthand—‘‘lift and leave.’’ By that I mean lift the embargo and leave the bargo based on either of two condi- and credibility are essential parts of tions: national security, and of deterrence. I Bosnians to fend for themselves. The Condition 1: a Bosnian Government completely agree with the Senator House of Representatives passed this request that the U.N. forces withdraw from South Carolina on that excellent type of legislation. We in the Senate from Bosnia; or point. debated this type legislation and Mr. President, I will leave to another passed it on one occasion last year. Condition 2: a decision by the U.N. This school of thought seems to be- day the discussion of mistakes leading Security Council or the UNPROFOR lieve that a simple repeal of the Amer- to the current human tragedy in Bos- troop-contributing countries to with- ican export prohibition will automati- nia. The Bosnian-Serbs have overrun draw the U.N. forces. cally equalize the conflict. It glosses the U.N.-declared safe area of As I understand the Dole-Lieberman over the questions of who will pay for Srebenica, and they can take Zepa at proposal, if condition 1 is met, imple- the weapons; who will deliver them; any time of their choosing. mentation of the termination of the how will they be delivered; and who The United Nations Security Council will help train the Bosnian troops. embargo would be delayed until 12 has passed another meaningless resolu- To be fair, there are those, including weeks after the Bosnian Government tion calling upon Secretary General the majority leader, Senator DOLE, requests that the United Nations be Boutros Ghali to restore Srebrenica to Senator LIEBERMAN, Senator BIDEN, withdrawn. If, on the other hand, con- its safe area status. Of course, none of and others, who have advocated unilat- dition 2 is met—that is, the troops of the Security Council members has told erally lifting the arms embargo but the contributing countries decide to the beleaguered Secretary General how who would also support the supply of leave without a request from the Bos- to perform that task. United States equipment and United nian Government—termination of the The French have declared their readi- States training to Bosnian Government embargo would be delayed until such ness to fight for Gorazde if the British forces. But many of those whose votes time as the U.N. forces have been with- will join them and if the Americans are needed to pass the Dole-Lieberman drawn from Bosnia. will supply tactical airlift. The French bill are unwilling to make such a com- This is in my view a much different are clearly paving the way for their mitment, and the Dole-Lieberman ap- proposal than what we have debated in withdrawal from Bosnia unless there is proach leaves these questions unan- the past. It is much different from a determined U.N. stand with British swered. This is a large gap. what has passed the House of Rep- and American assistance. Mr. President, another view in the resentatives. It is a much more respon- The British have raised serious res- Senate which heretofore has been a mi- sible approach than the original pro- ervations about the French proposals nority view—and this has been a view posal which lifted the embargo unilat- and the French approach, both publicly that I have had—is that the embargo erally without regard for the continued and privately. should be lifted but only after U.N. U.N. troop presence in Bosnia. General Shalikashvili has met with forces have left Bosnia. Mr. President, I say all of that on the his counterparts from Britain and There are also those in the Senate positive side of the Dole-Lieberman France for the purpose of preparing im- who have a third view, who agree with amendment. The key missing ingre- mediate options for the national lead- the administration that the U.N. forces dient, however, of the new Dole- ers to consider, and I assume that con- should remain in Bosnia. In my view, Lieberman amendment is any mention sideration will be made in the next few this is a distinctly minority view. days. Mr. President, the overwhelming ma- of what should be obvious to all and Secretary Perry and Secretary Chris- jority of the Senate in my view support what must be obvious during the de- topher will be meeting with their coun- either the lift-and-leave approach or bate on this proposal to those of us in terparts later this week. the leave-then-lift alternative ap- the Senate, and I hope to the country; The Clinton administration is urging proach. The Dole-Lieberman proposed namely, that the President of the our allies to remain in Bosnia, refusing legislation now seems to have moved United States has publicly pledged to to commit United States forces on the substantially toward the leave-then- deploy up to 25,000 United States troops ground, continuing to distance itself lift approach. That is important. They on the ground, if necessary, in Bosnia from any ‘‘unjust settlement’’ and are moving in their resolution toward to help extract the U.N. forces. pledging to help extract our allies from the position of leave first, then lift the Mr. President, Congress cannot re- Bosnia if they withdraw. embargo. That is a key distinction, and sponsibly legislate on Bosnia and ig- This week the Senate will plunge that is a distinction that has separated nore this fact. If Congress wants to pre- into this morass by legislating on Bos- those of us on the two sides of this vent United States ground forces from nia. I believe that Congress has an im- issue in the Senate for the last 12 assisting our allies in withdrawing portant role to play in foreign policy months. from Bosnia, we should make that matters. I always have felt that. At the Mr. President, this is a very signifi- clear. If Congress wants the allies and same time, I do not believe Congress as cant change in the Dole-Lieberman the United Nations to withdraw from a rule should attempt to legislate the proposal that has been overlooked by Bosnia and is willing to support Presi- details of United States foreign policy. most people in the press corps, many dent Clinton’s commitment, Congress But if we do choose to legislate on Bos- critics of the bill, and even many sup- should make that clear. Congress can- nia: porters of the bill. not responsibly advocate a course of

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10180 CONGRESSIONAL RECORD — SENATE July 18, 1995 action and pretend to ignore the inevi- history of that conflict and the history ernment forces. This course will likely table and certain consequences of that of that region. require air support, assuming the Bos- action. This large force may be deemed by nian Serbs move in for the kill before If the United Nations withdraws from some to be a worst-case force, but it the arming of the Bosnian forces is Bosnia, United States participation to makes a worst case much less likely to complete, which will, at best, take sev- assist our allies to withdraw from Bos- occur. Our military leaders have been eral weeks or months. It also requires nia would be required and has been candid in telling us, both in testimony recognition that our allies will pull out publicly committed by the President of and in private discussions, that this of Bosnia and hold the United States the United States. The Dole-Lieberman withdrawal operation could be very responsible for the Bosnian tragedy bill, at this time, is silent on this cru- dangerous. I think they are right. which may unfold if we unilaterally lift cial point. If this legislation is passed There is also a possibility, however, the embargo before the U.N. forces are as written, in my view, it will send a that the withdrawal could be relatively out. loud signal by its silence. It will send a unimpeded by both sides. It could pro- From those who advocate either im- loud signal that Congress is prepared ceed rapidly; it could proceed effec- mediate and unilateral lift of the em- to advocate a course of action but is tively. No one knows or pretends to bargo or, on the other hand, U.N. with- not prepared to back it up. know how dangerous this will be, but drawal followed by a lift of the arms Over the last 3 years, we have wit- prudence and careful planning are ab- embargo, in either event, under either nessed a lowest common denominator solutely essential. course of action, intellectual honesty approach in the United Nations, in Mr. President, we should note that requires a congressional authorization NATO, among our allies, and in United the NATO plan makes no provision for or at least a congressional acknowledg- States policymaking regarding Bosnia. the withdrawal of refugees. Everyone ment that U.S. forces will be used to Every policy decision on Bosnia seems should understand that. There is no help evacuate our NATO allies and the to be reduced to what Winston Church- provision in that NATO plan for with- other U.N. forces. ill, if he were with us today, would cer- drawal of refugees. Our military com- Mr. President, from those who advo- tainly describe as ‘‘mush, gush, and manders, in fact, concede that one of cate keeping the U.N. forces in Bosnia, slush.’’ We see this in the so-called the most difficult aspects of a with- intellectual honesty requires the ac- mandates of the U.N. Security Council. drawal operation will be dealing with knowledgment that these forces must We see this in the U.N.-NATO dual key Bosnian civilians. They may attempt be beefed up, probably with consider- command structure. We see this in the to keep the U.N. forces and the NATO able United States help; that clear au- statements of the members of the U.N. forces from leaving Bosnia out of fear thority for military decisions must be Security Council who have voted for that they will be prey to the attacking delegated by the United Nations to every Security Council resolution for Serbs once the restraining presence of NATO and the dual-key approach must the last 4 years but who act as though UNPROFOR is removed. They may do be ended; and that exposed U.N. per- the United Nations is some outer space this regardless of what their Govern- sonnel all over Bosnia must be brought alien of which they never heard. ment may say publicly or privately. to more defensible positions so they Mr. President, we see this in the posi- We also must consider what will hap- are not simply hostages for one side. tion of many in this administration, in pen to the civilian population once the Each of these actions moves further this Congress, and in the news media extensive humanitarian relief effort is and further away from the humani- who for the last 2 years have decried no longer functioning there. A humani- tarian mission, and each of these ac- any ‘‘unjust solution’’ but who have tarian tragedy is likely, and we should tions moves closer toward direct in- been unwilling to commit American re- understand that as we debate this seri- volvement in the conflict, and all sources for a just solution, and unwill- ous issue. should recognize that is what staying Both the Government of Bosnia and ing to admit that there never will be a the course means. just solution in Bosnia unless the the Bosnian Serb leaders have publicly If the embargo is lifted multilater- United Nations and NATO are willing stated that they would assist the U.N. ally after UNPROFOR departs, allied to impose it by force. forces in withdrawing if the United Na- air support will be demanded by the Mr. President, that is reality. There tions makes a decision to withdraw. Government of Bosnia. We already will never be a just solution in Bosnia But NATO military commanders, un- know that, those of us who have lis- unless the United Nations and NATO derstandably, express concern about tened to them when they have been are willing to impose it by force. the following possibilities: I hope, as the Senate debates the First, the sincerity and durability of here or heard their public statements. Dole-Lieberman bill this week, that we these statements by leaders whose They are going to demand that we owe will not continue and even add to the word in the past has been questioned; them air support. That is going to be lowest-common-denominator approach second, whether the warring parties their demand. that has been so evident in all the Bos- will try to gain control of the tons of If the embargo is lifted unilaterally nia decisions by international and by U.N. military equipment and supplies before or after the date the U.N. forces other bodies. presently located in Bosnia; third, depart, Congress and the American There is no good solution to the Bos- whether the Bosnian Serbs will be co- people must recognize that this burden nian tragedy. There is no easy solu- operative as they realize that the com- will fall primarily on the United States tion. There is no solution that anyone pletion of the U.N. withdrawal will because our allies, if we lift the embar- can guarantee is going to work. Some likely result in the lifting of the arms go unilaterally, are not going to be approaches, in my view, are worse than embargo on the Government of Bosnia; anxious to participate. In either case, others, but all have unwelcome con- and fourth, the narrow and winding there is no assurance that the Bosnian sequences. The American people are roads that make up much of Bosnia’s Government will be able to defend entitled to understand the possible transportation system. It will take lit- their territory, even with air support. consequences as we debate this issue. tle effort by a determined foe to de- Mr. President, as I have stated, there What would be the consequences if stroy the numerous bridges and tun- are no good solutions in Bosnia. I have the U.N. forces withdraw? NATO has nels that are often the only ingress and my own views as to the approach the been putting together a plan to with- egress to the numerous Bosnian towns United Nations and the United States draw the U.N. forces. This plan calls and to Bosnia itself where the U.N. per- and our allies should follow in Bosnia. for deployment of up to 82,000 troops, sonnel are located. The Bosnian Serbs First, there should be a final intense some 25,000 of whom would be Amer- control much of the high ground diplomatic effort to negotiate an end of ican military personnel based on the around these roads and these towns. the conflict in Bosnia. I am under no il- commitment of the President of the From those who continue to advocate lusion that a diplomatic effort will be United States pursuant to his pledge to immediate and unilateral lift of the successful. It is not likely to be suc- our NATO allies. This is a sizable force embargo, an intellectually honest ap- cessful, but at least it should be tried, but, in my view, it is a necessary force, proach requires facing up to the arm- because all the other alternatives have given the topography of Bosnia and the ing and training of the Bosnian Gov- tremendous downside consequences.

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10181 Second, the United Nations should will oppose the Dole-Lieberman propo- were there on an outpost under the serve notice on all parties that if a ne- sition, as I understand it, basically for auspices of the United Nations. I saw gotiated settlement is not reached the reasons brought forth in the care- the terrain; I talked to our troops, both within a specified period of time, the fully worded and well-thought-out in Croatia and Macedonia; I talked to U.N. forces will be withdrawn from statement made by the Senator from the people who are running the oper- Bosnia. Both the Bush and Clinton ad- Georgia. ation there; I talked to the head of the ministrations have urged our allies to We have to look to the future. As bad U.N. delegation there, Mr. Akashi. commit their forces and to remain on as the situation is over there now—and I think I have a feel for the situation the ground in Bosnia. When these I think no one feels that they have all that is there. Mr. President, I think we forces are withdrawn, I believe the of the right answers—we have to look must learn from our experiences. The United States has a moral obligation to the future. I am afraid, Mr. Presi- United Nations has a very valid role to to assist in their withdrawal. In our ef- dent, that despite the good intentions play when there is a peace to keep. fort to save Bosnia, we must not de- of the Dole-Lieberman amendment, it But, Mr. President, we have the best of stroy NATO. clearly sows the seeds, which are ripe intentions in the United Nations, but Third, once the U.N. forces have been for harvest, for the beginning of the we have the worst of results. In fact, withdrawn, the Bosnian arms embargo end of NATO. the United Nations is becoming an ob- should be lifted multilaterally, if pos- The situation in Bosnia today is very stacle to solving this situation—not sible, unilaterally if that is the only bad, and the pictures that are coming that they mean to be. They are trying. course. The United States and our al- through very loud and clear on tele- We give them the fact that they are lies should assist in arming and train- vision are horrifying, portraying the trying. ing the Bosnian Government forces, atrocities that are being taken in that But, Mr. President, they cannot func- and that is going to cost some money most unfortunate war in Europe. How- tion. And because they are there, we and it is going to take some time. We ever, I happen to feel that we should al- have the effect of one side being un- all need to understand that. ways try and walk in others’ shoes. I armed, basically, and the other side Fourth, the allies and the contact simply say that if we take action being aggressive with arms. We had the group must devise a ‘‘containment pol- today, or this week, we might regret it Prime Minister of Bosnia here, and he icy’’ and make it clear to the govern- in the future, because it sows the seeds said, ment in Belgrade that it will be held for the end of NATO, which has been a I keep hearing people say there are two fully responsible if this conflict spreads force for peace since World War II. And sides here. Yes, one side is shooting, the across other borders. then we might look back on that ac- other side is dying. Mr. President, to sum up, legislating tion and say we probably acted in Mr. President, he is right. We cannot on Bosnia is fraught with danger. But haste, we probably acted in compas- sit by and let it happen by saying that if we are to legislate—and it appears sion, but we probably acted in a way we have U.N. peacekeepers sitting that we are—we must understand the that would not be in the long-term best there on the ground and, therefore, one full consequences of our legislation. We interest of peace in Europe and prob- side should remain unarmed. They are must be willing to go on record as sup- ably would go a long way to disrupting being ravaged, Mr. President, and we porting or disapproving the commit- the NATO alliance and our friends and must do something about it. We cannot ment that President Clinton has made allies in Europe that have been a part continue to talk on the floor of the to our allies to help them withdraw of that. U.S. Senate while they are being rav- This is a grave situation. I wish that from Bosnia. To do otherwise would be aged across the ocean. adding more ‘‘mush, gush, and slush.’’ our allies would agree to remove the So, Mr. President, I hope that our I thank the Chair. peacekeeping forces because, seem- leader, Senator DOLE, will bring up his Mr. THURMOND. Will the Senator ingly, that is what both sides of the resolution at the earliest possible mo- allow me about a minute and a half? combatants there want. I happen to ment to tell the President how strong- The PRESIDING OFFICER. The Sen- feel that the U.N. mission is doomed to ly we feel that we should not get in- ator from Georgia has 71⁄2 minutes re- failure under the circumstances that volved with this mission beyond what maining. are present. the President has said he will do to Mr. NUNN. I yield 11⁄2 minutes to the Nevertheless, unless and until our al- Senator from South Carolina. lies in NATO can be convinced of that, help extricate the U.N. peacekeepers The PRESIDING OFFICER. The Sen- I say let us proceed with caution. I under the auspices of NATO. ator from South Carolina is recognized. have grave concerns about the way we Mr. President, we have to define that Mr. THURMOND. I thank the able are going. I do not know the answers. I mission very carefully. That mission Senator from Georgia, the ranking simply say that caution is a better part must be extraction. I do not like all member of the Armed Services Com- of valor at this particular juncture. I the talk of, well, extraction also means mittee, for his appropriate and perti- thank my friend from Georgia, and I containment of troops, it also means nent remarks on the situation in Bos- yield the floor. emergencies anywhere that they might nia. I strongly support the Dole- Mr. NUNN. I will yield whatever I occur in Bosnia. And now we are talk- Lieberman bill and am pleased to be an have left to the Senator from Texas. ing about sending helicopters there— original cosponsor of it. The PRESIDING OFFICER. The Sen- American helicopters. Will they have As the Senate begins consideration of ator has 3 minutes remaining. American troops running the heli- S. 21, the Dole-Lieberman bill, this Mr. NUNN. I will yield that to the copters, flying those helicopters? week, I ask that Members consider and Senator from Texas, and whatever she Mr. President, there are a lot of ques- discuss the very important issue of does not use, I will yield back. tions, and I do not think we can afford U.S. support for a United Nations with- Mrs. HUTCHISON. I ask unanimous to just say all of those things are ac- drawal. This support, with the aid of consent to add 2 minutes onto the 3 ceptable for our American troops. I do NATO, requires a very close and care- minutes I have been yielded. not want American troops flying heli- ful consideration and discussion by the The PRESIDING OFFICER. Without copters into Bosnia. I do not want Members of the Senate. objection, it is so ordered. American troops to be put forth for I yield the floor. Mrs. HUTCHISON. Mr. President, I any emergency in Bosnia. That is Mr. NUNN. Mr. President, I am not appreciate the fact that several of my ground combat. We are talking about trying to control time here, but I have colleagues on the Armed Services Com- potential ground combat. a little time left, and I will be glad to mittee are talking today about the sit- Mr. President, I am representing yield to the Senator from Nebraska 3 uation in Bosnia. It is clear that we American troops and I am going to do minutes. cannot sit by and do nothing. We have everything I can to make sure that Mr. EXON. Mr. President, I wish to talked about this issue for months. they are as safe as they can be, and associate myself completely with the Six weeks ago, I stood right on the that they are not involved in a mission remarks made by my learned and dis- border of Macedonia looking into Ser- which does not have the United States’ tinguished colleague from Georgia. I bia. I was visiting our U.S. troops who security interest.

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10182 CONGRESSIONAL RECORD — SENATE July 18, 1995 Mr. President, that is the question airline to treat the smaller airlines they use restrictive bilateral agree- here. We have gotten ourselves in- fairly. After all, the smaller carriers ments, impose so-called ‘‘doing busi- volved in Somalia through mission are the lifeline of many smaller com- ness’’ problems on our carriers such as creep. We just let it evolve, and we lost munities and provide the larger car- putting them in terminals that are in- Rangers—our own U.S. Army Rangers. riers with many of their passengers. tolerable to passengers, and, in the Mr. President, we are looking at a po- Yesterday, as I mentioned, I took case of the Japanese, they outright tential for mission creep here if we are part in the inaugural flight providing refuse to respect the clear terms of our not very careful. air service between South Dakota’s aviation agreement. So I am going to appeal to the Presi- two larger cities, Rapid City and Sioux I have been working on international dent of the United States to watch for Falls. I am glad to say that Great aviation issues because international mission creep. Helicopters with Amer- Lakes Aviation, which code-shares opportunities are critical to the long- ican troops is mission creep. Contrac- with United Airlines, initiated that term profitability of our carriers. Also, tion of our forces, our U.S. peace- service. It will help our State a great consumers benefit greatly by increased keepers, is mission creep. Emergencies deal. competition in international markets. anywhere in Bosnia is mission creep. I shall continue to be a champion of There is an important relationship Mr. President, I hope that Senator airlines in smaller cities, working to between the issues of service to small DOLE brings his resolution to the floor ensure we have good air service into communities and international avia- so that the President of the United the hubs so that citizens living in tion policy. I tie the two issues to- States can hear: The time has come to smaller communities remain linked to gether because increased international lift the arms embargo and let these the Nation’s air transportation system. opportunities will strengthen the eco- people have a fair fight. From air safety to reasonable air fares nomic health of our airline industry. In The PRESIDING OFFICER (Mr. to air service availability, our nonhub turn, this financial strength should CAMPBELL). Under the previous order, cities deserve equal attention from the translate into better service to all do- the Senator from South Dakota, [Mr. airline industry. mestic markets, particularly smaller PRESSLER], is recognized to speak for Mr. President, I would also like to nonhub markets. up to 10 minutes. briefly discuss the important issue of By working to strengthen our car- f international aviation. I, along with a riers abroad, it is my hope I am im- number of my colleagues, am working AIRLINE SAFETY STANDARDS proving service for consumers in under- on a resolution intended to aid our air served markets. Therefore, I am urging Mr. PRESSLER. Mr. President, yes- carriers serving Japan. our major airlines to give fair treat- terday morning at 6 a.m. I had the Currently, Japan is violating the ment here at home to people who live pleasure of riding on the first flight be- United States-Japan bilateral aviation in smaller cities and rural areas. The tween Rapid City and Sioux Falls that agreement by denying our passenger administration, the Congress, and the provides new air service in our State. and cargo carriers the right to serve airline industry should all work to- As a member of the Commerce, cities throughout the Pacific rim from gether to accomplish these domestic Science, and Transportation Com- Japan. Cargo and passenger traffic be- and international aviation goals. mittee, I have long been a champion of yond Japan into Malaysia and China For example, I just came from the air service in our smaller cities, the and so forth is very lucrative. The Jap- Senate Finance Committee, on which I safety of smaller aircraft, and the pro- anese are attempting to prevent our serve, where we were considering fuel vision of air services to citizens living carriers from serving this traffic since taxes on various modes of transpor- in non-hub airport areas. they want to protect these markets for tation. One issue that was discussed I have also been very concerned their own carriers which are very inef- which is of particular concern to me is about air fares for travel to and from ficient. the aviation fuel tax that is scheduled our Nation’s smaller cities. For exam- Federal Express has a new Pacific to go into effect later this year. ple, can someone living in Humboldt, rim cargo hub they are ready to open I am concerned the jet fuel tax will SD, get a supersaver ticket if they at Subic Bay in the Philippines. They make the problem of air service in have to fly first into a hub airport? So cannot open it. The Japanese will not small communities much worse. I am often the best deal, so to speak, on air- permit Federal Express to serve routes also concerned this tax will adversely line tickets, go to those people who from Japan which are necessary to affect the competitiveness of our car- live in bigger cities with hub airports make this hub operational. The Japa- riers in international markets. such as New York, Minneapolis, Den- nese are violating the bilateral avia- Mr. President, we must never lose ver, Los Angeles, et cetera. Frequently, tion treaty and this is costing the sight of the many difficult challenges we find that flying into that hub air- shareholders of Federal Express tens of facing our air carriers. Importantly, we port from the smaller city is the expen- millions of dollar. Each day that passes must never forget that it is consumers sive part of the trip. Citizens living in causes these substantial damages to in- and communities who have the largest nonhub cities should not be over- crease. stake of all. looked. We must not tolerate this flagrant Mr. President, our air transportation violation of an international agree- f system is based on the hub and spoke ment. The world is watching and we system. Even in New York, a State should not set a dangerous precedent with substantial air service, citizens for international aviation relations. TRIBUTE TO JIM HARDER living in upstate New York must fly on Our air carriers also have a problem Mr. PRESSLER. Mr. President, a small carrier into a hub to be con- obtaining sufficient access to both today I pay tribute to a dedicated, nected to their next destination. The Heathrow and Gatwick airports in the brave South Dakotan who has made us same is true in Fresno, CA, where my United Kingdom. Access to Heathrow is all proud. Maj. Jim Harder, a native of sister lives. This also is the case in my of particular concern since Heathrow is South Dakota, is an Air Force pilot home State of South Dakota. the most important international gate- and a member of the Air Force Thun- The question is, Do the smaller way airport serving points throughout derbirds—a select group of accom- planes ensure the same level of travel the world. We must continue to work plished aviators who entertain audi- safety? On the Commerce, Science, and to open these markets for our carriers. ences with their aerial performances. Transportation Committee, I have been The only reason that the Japanese or Jim is yet another living symbol of a champion of small aircraft safety. We the British have more traffic on par- the hard working South Dakotan. He will continue working to promote safe ticular routes where they ‘‘compete’’ graduated from Huron High School and air travel on all sizes of aircraft. with United States carriers is due to South Dakota State University. After I certainly do not advocate Govern- restrictions which distort the market college, Jim decided to use his talents ment regulation, but I am constantly and protect foreign carriers from true in the service of his country by joining jawboning the big airlines where there head-to-head competition with our the Air Force. He first sought to be- is a coded relationship with the smaller more efficient carriers. For example, come a navigator on an EC–135, but he

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10183 so excelled in his duties that he was as- Words cannot fully console the mind ety, now being tested by certified seed grow- signed to flying an F–16C, the most ad- when tragedies such as these happen. ers, should be ready for the general market vanced fighter/bomber in the Air Force. We try to pay homage to those who by 1997. Mary Hansen still lives on the farm. She As a member of the elite Thunderbirds, have passed away, but nothing will has sold the cattle and rented out her prop- Jim performs a variety of roles: pilot, ever replace loved ones we have lost. erty. And the wheat variety has been espe- operations officer, show evaluator, and Tributes remind us of the person we cially important to the Hansen’s three chil- safety observer. once knew so well—and in their own dren—Joshua, 13; Jeff, 12; and Jill, 9. For years, I as well as other Ameri- special way help ease the pain. ‘‘It really says a lot about Russ,’’ Hansen cans have enjoyed and marveled at the It was made known recently that the said. ‘‘Russ has been gone almost two years now, Thunderbirds. These exceptional avi- Hansen family will have a living me- but he’ll always be around,’’ she added. ators do more than just entertain a morial in honor of their father and hus- f crowd. They serve to demonstrate indi- band. Russ was a true steward of the vidual talents, and collective skills land—a farmer who through his knowl- THE 1995 SIOUX FALLS CANARIES that are second to none. It is no wonder edge of the earth sought to make the Mr. PRESSLER. Mr. President, when that our Air Force pilots are consid- most of it and for it. Before he died, I was growing up in Humboldt, SD, pro- ered the world’s best. I am delighted Russ donated some of his farmland to fessional baseball flourished through- that Jim is a part of this legacy of ex- South Dakota State University out my State. I remember many games cellence. [SDSU]. The school used the land to from the now-defunct Basin League. Every summer, Ellsworth Air Force test varieties of wheat. Because of Those contests of skill and team play Base holds an annual air show which Russ’ love of the land and devotion to stirred within me a love and apprecia- attracts thousands of spectators. Many the SDSU research, the school an- tion for America’s favorite pastime. South Dakotans come to enjoy an as- nounced this spring that the tests on During the recent Fourth of July hol- sortment of exhibits and historical in- his land have yielded a new hard red iday, I was given the honor of throwing formation. spring wheat. It is a wheat that is prov- out the first pitch for the Sioux Falls In addition, the base displays a fan- ing to be resistant to disease, pests, Canaries in its game against the Tim- tastic array of aircraft on the ground and shattering. And in a fitting trib- ber Bay Whiskey Jacks. Despite many and in the air. At this year’s show held ute, the wheat will be called ‘‘Russ.’’ It wonderful plays and an enthusiastic on July 9, the Thunderbirds were the is expected to be on the general market crowd, the Canaries lost. Nevertheless, featured attraction. So it was a home- by 1997. the evening was entertaining and excit- coming for Jim Harder, a homecoming Mr. President, no single person in ing. It was baseball the way it should that he was able to share with his fa- this country has consistently been the be played. The players demonstrated ther, Elwood. I am sure no South Da- source of more innovation than the superb individual skills, team dedica- kotan was more proud of Jim Harder American farmer. The ritual of farming tion, and enjoyment of the game itself. and his fellow Thunderbirds than is not just planting, growing, and har- Mr. President, South Dakota profes- Elwood Harder. vesting. It is a quest to innovate and sional baseball has a long and colorful Mr. President, I take great pride in challenge the land to produce some- history as old as the State itself. It was sharing with my colleagues, the visi- thing it has never produced before. in Sioux Falls in 1889, the year South tors in the gallery, and C–SPAN view- Russ Hansen was that kind of Amer- Dakota was granted statehood, when a ers at home the extraordinary achieve- ican farmer. I am sure Mary, Joshua, pro baseball team wearing bright yel- ments of my fellow South Dakotans. Jeff, and Jill Hansen are proud that low uniforms was formed in the city. Jim Harder is yet another standout Russ’ legacy will live on in the hearty The team was named the ‘‘Yellow South Dakotan who has excelled in his new brand of wheat that will bear his Kids,’’ after a comic strip that ap- field. His versatile role in the Air Force name. I am proud of Russ’ lifetime of peared in the Sioux Falls Press. Upon Thunderbirds is a job that requires devotion to the land, and the viewing the team, Guy LaFollette, a dedication and diligent persistence. innovators at South Dakota State Uni- local sportswriter for the Press, sug- Most important, Jim’s skills and exper- versity who worked with Russ to gested the nickname ‘‘Canaries.’’ tise elevates the level of performance achieve this new high-quality wheat. It LaFollette continued to refer to the of his fellow fliers. is a great achievement for SDSU and team as the Canaries in his sports arti- Teamwork and individual dedication an ever-lasting tribute to Russ Hansen. cles. The label stuck. Eventually, the are why the Thunderbirds are respected I ask unanimous consent to have a Canaries became the official name of throughout the world. And individuals related article printed in the RECORD. the team. like Jim Harder—a man who chose to There being no objection, the article Despite having a reputation of hiring devote his talents to the service of his was ordered to be printed in the away the best players from the other country—are the reasons why our Na- RECORD, as follows: teams, the original Sioux Falls Canar- tion’s defense remains strong. Again, NEW WHEAT NAMED AFTER FARMER ies lasted until 1903, when their class D on behalf of all South Dakotans, I com- (By Jennifer DeAnn Olson) league, the Iowa and South Dakota mend Jim Harder for his extraordinary League, folded. FRANKFORT.—Memorials come in unex- Sioux Falls would be without a pro accomplishments. I wish him continued pected ways. success with the Air Force Thunder- Mary Hansen received a phone call this team until 1920 when the Sioux Falls birds. spring saying that scientists at South Da- Soos [Sues] began play in the South f kota State University in Brookings had de- Dakota League. The team’s manager, veloped a new variety of hard red spring Fred Carisch, was a veteran of the 1902 IN HONOR OF RUSS HANSEN wheat. They had named the variety Russ Canaries team. In 1924, the Sioux Falls Mr. PRESSLER. Mr. President, we after Hansen’s husband, a 39-year-old Spink team changed its name back to the Ca- all know that life on a farm is not al- County farmer and feedlot operator who died naries because the Sioux City Car- ways easy. Few people know that farm- in a 1993 farm accident. ‘‘Finding out about it, we were totally sur- dinals joined the Canaries as part of a ing is one of this country’s most haz- prised,’’ Hansen said from her Frankfort new, expanded, Tri-State League. Ap- ardous industries. Unforeseen accidents farm. ‘‘We were very proud and pleased.’’ parently, the thought was the two often occur, and try as we might to Russ Hansen had worked closely with the birds—the Canaries and the Cardinals— avoid them, they seem to strike when people from SDSU during his years of farm- sounded better when they played. Un- we least expect it. ing, donating land to be used as test plots. fortunately, the league and the teams In 1993, one tragic incident took ‘‘You had to know Russ. He could talk to were disbanded after only one season. place on a farm in my home State. anybody,’’ Hansen said, ‘‘I think it was more Professional baseball returned again Russ Hansen, a 39-year-old farmer from than a working relationship (with SDSU), it to Sioux Falls in 1930, when Rex was a friendship.’’ Spink County, was killed in a farming This friendship was obviously worth re- Stucker organized a new version of the accident, leaving behind his wife, membering. It yielded a high-yield wheat, re- Canaries, which played in an inde- Mary, and three children, Joshua, Jeff, sistant to disease, pests and shattering, once pendent circuit for three seasons. The and Jill. known as SD8073, now named Russ. The vari- team

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10184 CONGRESSIONAL RECORD — SENATE July 18, 1995 joined the Nebraska State League in presidents Mark Wilson, Buzz Hardy, unanimous consent that a copy of his 1933, which was renamed the ‘‘Western and Rick Tracy for their leadership in speech entitled, ‘‘The Marine Corps’ League’’ in 1938, when teams from Col- guiding the Canaries to success. Field Change of Command’’ be printed in the orado, Wyoming, Minnesota, and Iowa leadership of the team is in the capable CONGRESSIONAL RECORD following my joined. hands of manager Dick Dietz, hitting remarks. In 1942, Rex Stucker upgraded the instructor Frank Verdi, coach Hiro There being no objection, the mate- Sioux Falls Canaries from the Class C Shirahata and player-coach Mike Bur- rial was ordered to be printed in the Western League to the Class D North- ton. RECORD, as follows: ern League. However, World War II The Sioux Falls Canaries’ commit- THE MARINE CORPS’ CHANGE OF COMMAND stopped league play after the 1942 sea- ment to winning is not only exempli- (BY HON. JOHN DALTON) son, and it would not resume until 1946. fied by its management but also by the Secretary White, distinguished members of At that point, the Canaries was an hard work and dedication of the play- Congress, General Shalikashvili and the independent team not affiliated with a ers. The Canaries have amassed a won- members of the Joint Chiefs of Staff, Ma- major league baseball franchise. That loss record of 98–88 over its three sea- rines, ladies and gentleman. would change in 1947, when Stucker sons. The team holds the Northern I am proud to serve as the Secretary of the sold the Canaries to Mory Levinger, League record for most consecutive United States Marine Corps. And, I am deep- owner of the Happy Hour bar in Sioux ly honored to participate in the change of wins, nine in a row. The high quality of command of an institution that sets the Falls. Soon afterward, Levinger struck the players is evidenced by the 11 standard for military leadership around the an agreement with the Chicago Cubs to former Canaries now playing for major world. make the Canaries one of its farm league affiliates. Today is an important day in the lives of teams. However, in 1953, Levinger sold Mr. President, I ask unanimous con- these two great men, General Carl Mundy the team to Winnipeg and Sioux Falls sent to have printed in the RECORD the and General Chuck Krulak. But, they would again was without professional base- team roster of the 1995 Sioux Falls Ca- be the first to tell you that today belongs ball. naries at the conclusion of my re- not to them, but to the Corps. In 1966, Sioux Falls became the home Their selfless attitude is seen clearly in marks. Presently, the Canaries are Carl Mundy’s insistence that he not be rec- of a new team, which moved from the only three games out of first. I have ognized with any personal decorations at semiprofessional Basin League to the every reason to expect the team will this ceremony. Northern League. This team was finish on top by the end of the season. However, I think you all should know that known as the Packers, however, not Mr. President, Sioux Falls baseball on behalf of the Department, I have awarded the Canaries, and was owned by a group has had a great tradition of exceptional the Navy Distinguished Service Medal to of Sioux Falls businessmen. This team all-around play. I want to congratulate General Mundy. Similarly the Secretary of Defense and each one of our sister services was a farm club for the Cincinnati the Sioux Falls Canaries organization Reds. In fact, several Packers would have awarded him their Distinguished Serv- on more than living up to this high ice Medal. become standouts in the big leagues, standard on the field and giving the General Mundy, you have served with most notably Ken Griffey, Sr. The Sioux Falls community something to honor, courage and commitment in a manner Packers stayed in the Northern League cheer about. I wish the team the very befitting the Commandant of the Corps. Our until the league folded after the 1971 best of success in the future. allies thank you, America thanks you and season. Sioux Falls would be without a There being no objection, the mate- above all your Marines thank you for a life- pro baseball team for more than 20 rial was ordered to be printed in the time dedicated to the defense of freedom. Carl’s many accomplishments and honors years. RECORD, as follows: In the early 1990’s, Miles Wolff spent would not have been possible without the love and support of his family, especially his 2 years traveling the Upper Midwest 1995 SIOUX FALLS CANARIES devoted wife, Linda. For nearly four decades meeting with interested baseball peo- Linda has served as a Marine wife and moth- No. Name Position Hometown ple and examining existing facilities. er. During the past four years she has en- By this time, the Upper Midwest had 50 Dick Dietz ...... Manager ...... Pawley’s Island, SC deared herself to everyone she has touched 38 Hiro Shirahata ...... Coach ...... Tokyo, Japan and has established a special place in history been the only area of the Nation with- 26 Frank Verdi ...... Pitching coach ...... Port Richey, FL out minor league baseball. Mr. Wolff 24 Mike Burton ...... First base ...... Port Charlotte, FL for herself as the First Lady of the Marine rightly saw it as an area ripe for minor 36 Aaron Cannaday ...... Catcher ...... Monroeville, NJ Corps. It was an honor for me to recognize 14 Benny Castillo ...... Centerfield ...... Cooper City, FL her achievements with the Department of league baseball expansion. 8 Beau Champoux ...... Shortshop ...... San Diego, CA In June 1993, the fourth version of the 21 Tony Coscia ...... Pitcher ...... San Jose, CA the Navy’s Distinguished Public Service 25 Rob Croxall ...... Pitcher ...... El Segundo, CA Award. Northern League began with six orga- 34 Adell Davenport ...... Leftfield ...... Greenville, MS The past four years have been challenging nizations, including one in Sioux Falls. 6 Matt Davis ...... Second base ...... Chico, CA 29 Nic Frank ...... Outfield ...... Camarillo, CA ones for the Navy and Marine Corps team. The organization was honored to bring 40 Kevin Garner ...... First Base/DH ...... Austin, TX Amidst the drawdown in force structure, back the name of the first Sioux Falls 28 Joel Gilmore ...... Pitcher ...... Conroe, TX shrinking defense budgets and expanding 22 Rod Huffman ...... Pitcher ...... Tyler, TX pro team, the Canaries. 33 Eduardo Lantigua ..... Rightfield ...... Moca, DR global commitments, General Mundy has led Mr. President, I am proud the Sioux 18 Glenn Meyers ...... Pitcher ...... Wilder, KY the Corps to new levels of excellence, effi- 31 Jason Mickel ...... Pitcher ...... Portland, OR ciency and effectiveness. By encouraging Falls community has given such great 27 Bobby Post ...... Pitcher ...... Reno, NV support to the Canaries. In the inau- 23 Jon Saylor ...... Pitcher ...... Dallas, TX closer integration with the Navy, you have 9 Mike Tarter ...... Catcher ...... Marietta, GA created a Marine Corps with enhanced capa- gural 1993 season, the Canaries drew 7 Frank Valdez ...... Third base ...... Miami, FL bilities that is prepared for every eventu- 86,187 in attendance. Last year, attend- 20 Max Valencia ...... Pitcher ...... San Francisco, CA 19 Andy Wise ...... Pitcher ...... Fountain Valley, CA ality. ance grew to just shy of 100,000. This It is this spirit of closer integration be- season promises to be no less of a ban- f tween the Navy and Marine Corps that will ner year for Sioux Falls Canaries’ fan be a legacy of Carl Mundy to our Naval Serv- NAVY SECRETARY JOHN H. DAL- support. Currently, each home game is ice. Such integration and interoperability TON’S SPEECH AT CHANGE OF averaging 2,704 fans in attendance. This ensure that the Navy and Marine Corps team COMMAND OF COMMANDANT OF will be prepared for the challenges and bat- high level of fan support is prevalent THE MARINE CORPS tlefields of the next millennium. throughout the entire Northern General Mundy’s inspiring leadership, bold League. All six of the Northern League Mr. HEFLIN. Mr. President, I at- courage, and extraordinary vision have per- teams are ranked nationally in the top tended the change of command of the petuated a dynamic and innovative Corps 11 for average attendance per game for Commandant of the U.S. Marine Corps and have put in place the mechanism to en- independent baseball leagues. where Gen. Charles Krulak relieved sure that the Corps will continue to flourish. As with any quality sports team, the Gen. Carl Mundy and became the 31st Today is another step in the continuing key to success begins with an effective Commandant of the Marine Corps. evolution of the Corps—one of America’s management team and great support The Honorable John H. Dalton, Sec- true national treasures. Today we witness the change of command, the passing of re- staff. In my opinion, the Canaries has retary of the Navy, made a truly out- sponsibility and acceptance of account- one of the best organizations of any standing speech. Therefore, I would ability for the United States Marine Corps. independent league team. I salute team like to share the contents of this General Krulak, you now take up the president Harry Stavernos and vice speech with my colleagues, so I ask standard for the most elite fighting force in

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the world. May you command our Corps with Yesterday afternoon, in the oval office, our CONGRESSIONAL RESEARCH SERVICE, strength, vision and the same commitment Commander in Chief promoted Chuck Krulak LIBRARY OF CONGRESS, to core values that marked the leadership of to General. In that ceremony President Clin- Washington, DC, May 23, 1995. the Commandants who precede you. The ton pointed to Carl Mundy and said emphati- To: Sen. Howell Heflin; Attention: Jim Corps will be blessed with the unfailing sup- cally, ‘‘Of all the General Officers I have Whiddon. port of your delightful wife Zandi. On Tues- worked with, you were the one I knew was From: American Law Division. day of this week the 31st Commandant and always telling me exactly what you believed. Subject: Causes of Action under the Price- his lady celebrated their 31st wedding anni- I want you to know how much I appreciate Anderson Act. versary. that.’’ The President of the United States This is in response to your request for a Today is important not only for Marines, could not have offered higher praise. memorandum addressing whether state but also for every American, and especially For fifty years Iwo Jima has been a special causes of action based on public liability those who have worn a military uniform. It place for the Marine Corps, and it was there exist under the Price-Anderson Act.1 In par- is a special day for us to remember the atop Mount Suribachi that I had the privi- ticular, your inquiry asks that we address Corps’ heroic past and to celebrate its bright lege to announce the President’s nomination survival of state tort action, statutes of lim- future. for our 31st Commandant. itation and repose, and the impact of the re- The fundamental military values of honor, So as we consider the significance of this cently passed products liability legislation courage and commitment are as much a part ceremony, a change of command of the Corps (the House-passed and Senate-passed of the Marine Corps today as they were at its that these two Marines have devoted their versions of H.R. 956, 104th Congress). birth in 1775. Marines today understand that lives to, I think it appropriate to recall the these values represent an ideal . . . an ideal In Parts I and II, we analyze the Act’s lan- words of Chaplain Roland Gittelsohn when guage, legislative history and relevant case worth fighting for. he dedicated the Fifth Marine Division Cem- Fighting for ideals is what the Corps is all law, concluding that the 1988 Amendments etery on Iwo Jima fifty years ago. This Feb- about. And, the strength of today’s Corps Act created a federal cause of action. Where- ruary, Rabbi Gittelsohn recalled his words at rests on a foundation of extraordinary her- as state causes of action based upon public oism rising up from the bedrock of America’s the ceremony commemorating that battle at liability existed under Price-Anderson prior military history. the Iwo Jima War Memorial beside Arlington to the 1988 amendments, such is no longer It is on that foundation of past heroism National Cemetery. He said: the case. The only state tort actions that that the future of the Corps will be built. It ‘‘Here lie officers and men of all colors, may continue to survive are those com- will be a future filled with innovation, flexi- rich men and poor men together. Here are pletely outside the Price-Anderson public li- bility, resourcefulness and above all spirit. It Protestants, Catholics and Jews together. ability scheme. Under the 1988 Amendments is a spirit which comes from being the best. Here no man prefers another because of his Act, federal courts, which have original ju- Marines know that when American interests faith or despises him because of his color. risdiction over public liability actions aris- are threatened or our friends need help . . . Here there are no quotas of how many from ing out of nuclear incidents, are directed to America calls the Corps. each group are admitted or allowed. Among apply state law substantive rules. With the Throughout the past four years, Marines these men there is no discrimination. No exception of waiver of defenses provisions re- have been called very often and, as through- prejudice. No hatred. Theirs is the highest garding extraordinary nuclear occurrences, out their history, they have responded with and purest democracy. the Price-Anderson Act, as amended, lacks a the utmost professionalism. Whether it was ‘‘Any man among us, the living, who failed specific statute of limitations for public li- Haiti, Somalia, Bosnia or the Arabian Gulf, to understand that, will thereby betray ability actions arising out of nuclear inci- the Marines were always ready to get the job those who lie here . . . whoever lifts his hand dents. As such, courts will apply the statute done . . . and to get it done right. in hate against a brother, or thinks himself of limitations in effect in the state in which Whether as warfighters, peacekeepers, or superior to those who happen to be in a mi- the nuclear incident occurred. In Part III, we rescuers; the Marines have proven time and nority, makes of . . . their sacrifice an analyze the possible impact of the statutes time again that America can count on the empty, hollow mockery. of limitation and repose as contained in the Corps when there is a threat to our national ‘‘Thus do we consecrate ourselves, the liv- recently passed products liability legislation security. ing, to carry on the struggle they began. Too in light of the Price-Anderson scheme. The Marine Corps of today is just the much blood has gone into this soil for us to adaptable, flexible, and resourceful force let it lie barren.’’ I. BACKGROUND America needs. In this unsettled and often Those words spoken in honor of fallen Ma- In 1957, the Price-Anderson Act was en- confusing post Cold War world, the military rines and Sailors hold a living truth. The acted as an amendment to the Atomic En- mission is no longer as clearly defined. For truth is that we, the living, must carry on ergy Act in order to remove the deterrent of this reason our military forces must adapt in their struggle for liberty and freedom every- potentially catastrophic liability to those in order to succeed. day, and in everything we do. the private sector who were interested in Adapting is what Marines do best. The Ma- God bless you, and God bless the United participating in the nuclear power industry rines have been fighting America’s wars for States Marine Corps. Semper Fidelis. but reluctant to risk significant financial re- two centuries and continue to be the force of sources and liability.2 In 1966, the Act was choice for either keeping the peace; or f extended for another ten year period and a storming the beach. key provision—a waiver of defenses provi- In the past, Marines have done more beach H.R. 956 (PRODUCTS LIABILITY sion 3—was added. Under this provision, the storming than peacekeeping, but in the fu- BILL) AND PRICE-ANDERSON ACT defendant in any action involving public li- ture it is clear that both missions will need Mr. HEFLIN. Mr. President, during ability 4 arising from an ‘‘extraordinary nu- to be performed. In my mind there is no 5 the course of debate on the products li- clear occurrence’’ can be required to waive force in the world more capable of handling certain legal defenses (e.g., defenses based on the complicated military missions of the fu- ability bill, I mentioned nuclear power conduct, immunity, and state statutes of ture than the United States Marine Corps. plants and the possible effect that the limitation).6 It is clear that the Act, as origi- The Corps has had many great Com- proposed legislation might have on two nally enacted and as amended in 1966, was in- mandants, but none who has led through issues dealing with a nuclear power tended to have minimal inference with State such a tumultuous period of internal change. law.7 Also in 1966, the Act was amended to Today the Corps has never been better plant problem—one being the issue of include a provision authorizing the consoli- trained, better led, or more ready. Only in pain and suffering and the other being dation in one U.S. District Court of all law this state would Carl Mundy even consider the statute of repose. suits arising from an ‘‘ENO’’—conferring relinquishing command of the Corps. Then on May 9, 1995, I spoke on this original jurisdiction upon the Federal courts That is your legacy, ‘‘a RELEVANT, issue in the U.S. Senate. I concluded in such cases.8 The Act was amended again READY and CAPABLE Corps of Marines’’ my remarks by saying that I wanted to who embody the traditions of the past and in 1975. do further research pertaining to these A long line of cases under the Act as who are ready to meet the challenges of the issues. future. RELEVANT to meet the defense amended through 1975 had held that federal needs of the Nation tomorrow; READY to re- I asked the Congressional Research courts did not have subject matter jurisdic- spond instantly as America’s 911 Force to Service of the Library of Congress to tion for claims arising out of non–ENO nu- prevent and contain crises or fight today; look into this and they have prepared a clear incidents and that state tort remedies and CAPABLE of meeting the requirements memorandum. I ask unanimous con- were not preempted by the Act.9 of our National Military Strategy. sent that the attached memorandum II. 1988 AMENDMENTS Carl, your days in uniform may soon be from the Congressional Research Serv- Under the Price-Anderson Amendments over, but your service to the Corps will re- ice be printed in the CONGRESSIONAL Act of 1988, original federal jurisdiction was main timeless. Your total devotion to the significantly broadened to cover not only Corps has nurtured America’s undying love RECORD following my remarks. those actions arising from ENOs but those for Marines. Your determination efforts have There being no objection, the memo- ensured that Marines will always be the first randum was ordered to be printed in to fight in America’s defense. the RECORD, as follows: 1 Footnotes at the end of the article.

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10186 CONGRESSIONAL RECORD — SENATE July 18, 1995 arising from any ‘‘nuclear incident.’’ 10 A def- soned that the phrase was intended to be As noted, the Price-Anderson Act, as inition of the term ‘‘public liability ac- broadly defined—to include the whole law of amended in 1988, creates a federal cause of tion’’ 11 was added with provision made for the state (state substantive law and choice action and does not permit state causes of the substantive rules for decision to be de- of law provisions).21 Another recent federal action within its public liability scheme. Be- rived from State law.12 As the Act now reads, court decision noted that because Price-An- cause the Senate-passed version of H.R. 956 the applicable section—§ 170(n)(2) 13—states: derson provides no statute of limitations, would not supersede or alter any federal law, ‘‘With respect to any public liability action the limitations period must be borrowed it appears that it would not alter the Price- arising out of or resulting from a nuclear in- from State law.22 Anderson’s Act scheme of using state stat- cident, the United States district court in the FEDERAL CAUSE OF ACTION BASED ON STATE utes of limitations. One could argue that, be- district where the nuclear incident takes SUBSTANTIVE LAW cause the Price-Anderson Act uses state place . . . shall have original jurisdiction The Price-Anderson Act, as originally statutes of limitations, and the Senate- without regard to the citizenship of any drafted, did not create a federal cause of ac- passed bill supersedes state law, the Price- party or the amount in controversy. . . . tion. However, it is clear that the Amend- Anderson Act therefore would use the Sen- [emphasis added].’’ ments Act of 1988—although relying up on ate-passed bill’s statute of limitations. Al- Section 170(n)(2) continues with provision state law elements—does. The 1988 Amend- though this interpretation does not seem out that public liability actions pending in state ments Act broadened the scope of the Price- of the question, it appears that the better court shall be removed or transferred to the Anderson Act and provides for retroactive view would be that to use the Senate-passed appropriate federal district court ‘‘upon mo- subject matter jurisdiction in the federal bill’s statute of limitations in Price-Ander- tion of the defendant or of the Commission courts over claims involving nuclear inci- son Act cases would be to supersede a federal [NRC] or the Secretary [of HHS].’’ dents and Specifically, federal courts have law, which would be contrary to the bill’s ex- The legislative history makes it clear that original jurisdiction over any ‘‘public liabil- pressed intent. Nevertheless, as this seems these changes were intended to confer origi- ity action’’ arising out of a ‘‘nuclear inci- uncertain, it might be advisable for Congress nal jurisdiction in the federal district courts to make its intention explicit. dent.’’ 23 and that Congress chose this option rather The new definition of ‘‘public liability ac- STATUTES OF REPOSE than designing a new body of substantive law tion’’ created a federal cause of action (while Section 109(b) of the Senate-passed version to govern such cases.14 directing the federal courts to apply state of H.R. 956 contains a 20-year statute of CASE LAW UNDER THE 1988 AMENDMENTS law) by stipulating that any such suit be repose applicable to any product that is a A recent Third Circuit Court of Appeals de- deemed to be an action arising under the ‘‘durable good.’’ The definition of this term, cision, In Re TMI Litigation Case Consol. II 15 Price-Anderson Act—meeting Constitutional in section 101(6), apparently is confused in its stated: requirements. 24 In the Amendment Act, Con- incorporation of the Internal Revenue Code, ‘‘Under the terms of the Amendments Act, gress created a federal tort which has its ori- but essentially includes products used in a the ‘‘public liability action’’ encompass ‘‘any gins in state law. The basis of the action no trade or business but not consumer goods. legal liability’’ of any ‘‘person who may be longer stems from state law but now arises Therefore, we will assume that the term liable’’ on account of a nuclear incident.... from federal law.25 State law rules shall would include nuclear power plants and their Given the breadth of this definition, the con- apply unless inconsistent.26 component parts. sequence of a determination that a par- If the public liability action results from The Senate bill’s statute of repose would ticular plaintiff has failed to state a public an ENO, the federal statute of limitations not apply, even to durable goods, in four sit- liability claim potentially compensable provided in § 170(n)(1) may apply. If the in- uations: (1) cases of toxic harm; (2) where the under the Price Anderson Act is that he has demnity agreement required under the Act product is ‘‘[a] motor vehicle, vessel, air- no such claim at all. After the Amendments incorporated a waiver of defenses based on a craft, or train that is used primarily to Act, no state cause of action based upon pub- statute of limitations, state statutes of limi- transport passengers for hire’’; (3) where the lic liability exists. A claim growing out of tations that are more restrictive than that defendant made an express written warranty any nuclear incident is compensable under prescribed in § 170(n)(1) (3-years-from dis- as to the safety of the product that was the terms of the Amendments Act or it is not covery) will be superseded while those that longer than 20 years, but, at its expiration, compensable at all. Any conceivable state are less restrictive (e.g., longer than the pre- the statute of repose would apply; and (4) tort action which might remain available to scribed period) will remain in effect. The Act small aircraft covered by the 18-year statute a plaintiff following the determination that contains no other federal statute of limita- of repose prescribed by the General Aviation his claim could not qualify as a public liabil- tions 27 other than that provided in the case Revitalization Act of 1995, Public Law 103– ity action, could not be one based on ‘‘any of waiver of defenses with respect to ENOs. 298, 49 U.S.C. § 40101 note. legal liability’’ or ‘‘any person who may be Therefore, to the extent that a state pro- Section 106 of the House-passed version of liable on account of a nuclear incident.’’ It vides for a specific statute of limitations H.R. 956 contains a 15-year statute of repose would be some other species of tort alto- (not otherwise inconsistent with § 170 of the applicable to all products, including con- gether, and the fact that the state courts Act), the federal court (or state court if such sumer goods, except small aircraft, covered might recognize such a tort has no relevance action is not removed or transferred) appears by the 18-year statute of repose prescribed by to the Price-Anderson scheme. At the to be required to apply such state law provi- the General Aviation Revitalization Act of threshold of any action asserting liability sion.28 1995. There are only two other exceptions to growing out of a nuclear incident, then, III. EFFECTS OF PRODUCTS LIABILITY BILL 29 the House bill’s 15-year statute of repose: (1) there is a federal definitional matter to be if the defendant made an express written Products liability suits are subject in resolved: Is this a public liability action? If warranty as to the safety of the product that every state to a statute of limitations, which the answer to that question is ‘‘yes,’’ the was longer than 15 years, the warranty would is a period of time after an injury or illness provisions of the Price-Anderson Act apply; apply, but, at its expiration, the statute of occurs, or after its symptoms or their cause there can be no action for injuries caused by repose would apply; and (2) the 15-year stat- is discovered, within which an action must the release of radiation from federally li- ute of repose would ‘‘not apply to a physical be brought. A minority of states have also censed nuclear power plants separate and illness the evidence of which does not ordi- enacted a statute of repose, which bars prod- apart from the federal public liability action narily appear less than 15 years after the ucts liability suits where the injury-causing created by the Amendments Act.16’’ first exposure to the product.’’ products exceeds a specified age. The House- The court went on to state: With respect to the preemption of other passed version of H.R. 956 contains no stat- ‘‘The Amendments Act creates a federal laws, the House- and the Senate-passed bills ute of limitations, whereas the Senate- cause of action which did not exist prior to are the same with respect to federal laws but passed version contains a two-year statute of the Act, establishes federal jurisdiction for different as to state laws. With respect to limitations. Both bills contain statutes of that cause of action, and channels all legal federal laws, section 102(c)(2) of the Senate- repose, but they are significantly different. liability to the federal courts through that passed bill provides, as noted above, that cause of action.... Thus, Congress clearly STATUTE OF LIMITATIONS nothing in it ‘‘may be construed to . . . su- intended to supplant all possible state causes Because the House-passed version of H.R. persede or alter any Federal law.’’ Similarly, of action when the factual prerequisite of the 956 contains no statute of limitations, it section 402(2) of the House-passed bill pro- statute are met.17’’ would not affect the Price-Anderson Act, vides that nothing in it ‘‘shall be construed Another recent Court of Appeals decision, which, as noted, also has none and therefore to . . . supersede any Federal law.’’ (The O’Conner v. Commonwealth Edison Co.,18 held applies the applicable state statute of limi- Senate-passed bill’s not using the word that the Amendments Act embodies sub- tations. Section 109(a) of the Senate-passed ‘‘alter’’ would not appear to be of any con- stantive federal policies and, rather than version of H.R. 956 has a two-year statute of sequence.) merely create federal jurisdiction for a state limitations, but section 102(c)(2) of the bill With respect to state laws, section 101(b) of claim, created a new federal cause of action provides that nothing in it ‘‘may be con- the House-passed bill, like section 102(b)(1) of that supplanted the prior state cause of ac- strued to . . . supersede or alter any Fed- the Senate-passed bill, provides that the bill tion.19 With regard to the interpretation of eral Law.’’ However, section 102(b)(1) pro- supersedes state law ‘‘to the extent that the phrase ‘‘law of the State’’ as it appears vides that the bill supersedes state law ‘‘to State law applies to an issue covered under in the definition of ‘‘public liability ac- the extent that State law applies to an issue [the bill].’’ However, the Senate-passed bill, tion.’’ 20 a recent case of first impression rea- covered under [the bill].’’ but not the House-passed bill, contains an

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10187 exception applicable to its statute of repose. 2 S. Rep. No. 218, 100th Cong., 1st Sess. 2 (1987), re- 8 § 170(n)(2); 42 U.S.C. § 2210(n)(2). It provides that, if a state law prescribes a printed in 1988 U.S.C.C.A.N. 1476–77. 9 See Commonwealth of Pennsylvania v. General shorter statute of repose, such state law 3 § 170n(1); 42 U.S.C. § 2210(n)(1). The waiver of de- Pub. Util. Corp., 710 F.2d 117 (3d Cir. 1983); Stibitz v. fenses provision was seen as a preferable alternative GPU, 746 F.2d 993 (3d Cir. 1984); Kiick v. Metropoli- would apply. All state statutes or repose are to enactment of a new body of Federal tort law. See tan Edison Co, 784 F.2d 490 (3d Cir. 1986); Silkwood v. shorter than 20 years, but fewer than half the S. Rep. No. 1605, 89th Cong., 2d Sess. 10 (1966), re- Kerr-McGee Corp., 464 U.S. 238 (1984). states have statutes of repose. Therefore, the printed in 1966 U.S.C.C.A.N. 3209. 10 § 11(a); 42 U.S.C. 2210(n)(2). Section 11 of the effect of the Senate-passed bill would be to 4 Section 11 of the Atomic Energy Act, 42 U.S.C. Atomic Energy Act, 42 U.S.C. § 2014(q), defines a ‘‘nu- impose a 20-year statute of repose on the ma- § 2014(w) defines the term ‘‘public liability’’ as ‘‘any clear incident’’ as: ‘‘. . . any occurrence, including jority of states without statutes of repose, legal liability arising out of or resulting from a nu- an extraordinary nuclear occurrence, within the but to leave the other state’s statutes of clear incident or precautionary evacuation . . . ex- United States, causing, within or outside the United cept: (i) claims under State or Federal workmen’s States, bodily injury, sickness, disease, or death, or repose as they are. compensation acts . . . (ii) claims arising out of an loss of or damage to property, or loss of use of prop- How would these provisions affect the act of war; and (iii) whenever used in subsections a., erty, arising out of or resulting from the radio- Price-Anderson Act? This depends upon c., and k. of § 170 [42 U.S.C. §§ 2210(a), (c), (k)], claims active, toxic, explosive, or other hazardous prop- whether the Price-Anderson Act incor- for loss of, or damage to, or loss of use of property erties of source, special nuclear, or byproduct mate- porates state statutes of repose, as it does which is located at the site of and used in connec- rial. . . .’’ state statutes of limitations. We have found tion with the licensed activity where the nuclear in- With regard to the change from consolidating only no authority on point, but it appears un- cident occurs. . . .’’ ENOs in federal court to consolidating claims aris- 5 likely that it would incorporate state stat- See § 11 Atomic Energy Act, 42 U.S.C. § 2014(j) for ing out of any nuclear incident, the legislative his- definition of an extraordinary nuclear occurrence tory states: ‘‘. . . [T]he bill provides the federal dis- utes of repose. This is because such statutes (hereinafter referred to as ENO and generally con- trict court in which the nuclear incident occurred can preclude suits from being filed even be- sidered a serious nuclear accident). No nuclear inci- with subject matter jurisdiction over claims arising fore an injury occurs, and, as the Price-An- dents to date have been classified as ENOs. from the nuclear incident. Any suit asserting public derson Act creates a federal cause of action, 6 42 U.S.C. § 2210(n)(1). The Act also provides cer- liability shall be deemed to be an action arising it seems unlikely that a court would con- tain exceptions to the applicability of waivers. under the Price-Anderson Act, and the substantive strue it, in the absence of some expression of The 1966 Amendments provided that defenses based law of decision shall be derived from the law of the congressional intent, to allow a state to pre- on statutes of limitations were waived if the suit is State in which the incident occurred, in order to clude use of a federal cause of action. If the instituted within 3 years from when the claimant satisfy the Article III requirement that federal first knew or reasonably could have known of his in- courts have jurisdiction over cases arising under the Price-Anderson Act does not incorporate jury or damage but in no event more than 10 years Constitution or under the laws of the United state statutes of repose, then neither the after the date of the nuclear incident). Per the legis- States.’’ House- nor Senate-passed statutes of repose lative history, the stipulated statute of limitations See S. Rep. No. 218, supra n. 2 at 13, reprinted at would apply, as both bills state that they period was not ‘‘a maximum period for assertion of 1988 U.S.C.C.A.N. 1488. would not supersede federal law. Price-Anderson covered claims, since the waiver au- On a related matter, see reference in legislative If, however, the Price-Anderson Act does thorized by the bill serves only to avoid the applica- history to the effect of extending the waiver of de- incorporate state statutes of repose, then we tion of more restrictive State statutes of limita- fenses provision to include radioactive waste activi- may apply the same analysis we did with re- tions. Such waiver leaves undisturbed the laws of ties: The effect of this provision would be to trigger those States which have enacted—or in the future strict liability, and to preempt lesser State tort law spect to the Senate-passed bill’s statute of may enact—longer periods of limitation.’’ standards in any lawsuit involving an accident with limitations. We repeat what we wrote there, See S. Rep. No. 1605, supra n.3 at 21, reprinted at radioactive waste that DOE determines to be an ‘‘ex- substituting ‘‘statute of repose’’ for ‘‘statute 1966 U.S.C.C.A.N. 3221. The minimum statute of limi- traordinary nuclear occurrence.’’ of limitations,’’ and referring to both tations for the filing of claims after an accident su- S. Rep. No. 70, supra n. 6 at 26, reprinted at 1988 versions of H.R. 956 instead of only the Sen- persedes more restrictive State statutes of limita- U.S.C.C.A.N. 1439. ate-passed version: Because neither version tions, but does not affect less restrictive State laws. 11 Section 11 of the Atomic Energy Act, 42 U.S.C. of H.R. 956 would supersede any federal law, See S. Rep. No. 70 100th Cong., 2d Sess. 15 (1988), re- § 2014(hh) defined ‘‘public liability action’’ as used in it appears that neither would alter the Price- printed at 1988 U.S.C.C.A.N. 1427. § 170 as: ‘‘. . . any suit asserting liability. A public In 1975, the Act was again amended; among the liability action shall be deemed to be an action aris- Anderson’s Act scheme of using state stat- amendments was an extension of the statute of limi- ing under § 170 [42 U.S.C. § 2210], and the substantive utes of repose. One could argue that, because tations from 10 to 20 years. The 1988 Amendments to rules for decision in such action shall be derived the Price-Anderson Act uses state statutes the Act eliminated the 20 year ‘‘years-from-occur- from the law of the State in which the nuclear inci- of repose, and both the House- and Senate- rence’’ limitation; the legislative history makes it dent involved occurs, unless such law is inconsistent passed versions of H.R. 956 would supersede clear that ‘‘. . . a damage suit could be filed at any with the provisions of such section.’’ state law, the Price-Anderson Act would use time after an ENO, provided the suit is instituted 12 See H. Rep. No. 104, Part 1, supra n. 6 at 18 (1987), the House- or Senate-passed bill’s statute of within 3 years from the time that the claimant first at which the Committee on Interior and Insular Af- repose. Although this interpretation does know, or reasonable could have known, of his injury fairs states: ‘‘Rather than designing a new body of or damages caused by the ENO. This new standard substantive law to govern such cases, however, the not seem out of the question, it appears that would supersede any more restrict State tort law bill provides that the substantive rules for decision the better view would be that to use either standards in existing law with respect to statutes of in such actions shall be derived from the law of the bill’s statute of repose in Price-Anderson Act limitations.’’ State in which the nuclear incident involved occurs, cases would be to supersede a federal law, See S. Rep. No. 70, id. at 21, reprinted at 1988 unless such law is inconsistent with the Price-An- which would be contrary to either bill’s ex- U.S.C.C.A.N. 1434. The new standard is considered a derson Act. The Committee believes that conferring pressed intent. Federal standard. Id. at 33, reprinted at 1988 on the Federal courts jurisdiction over claims aris- Suppose, however (continuing to assume U.S.C.C.A.N. at 1455. See also H. Rep. No. 104, Part ing out of all nuclear incidents in this manner is that the Price-Anderson Act incorporates 1, 100th Cong., 1st Sess. 17 (1987) referring to the ex- within the constitutional authority of Congress. isting (pre-1988) standard as ‘‘more restrictive than . . .’’ state statutes of repose, which appears more the majority of state statutes . . . [and] ineffective As stated in Re TMI Litigation Cases Consol. II, likely not to be the case), that the Price-An- to prevent restrictive state statutes from barring le- 940 F.2d 832 (2d Cir. 1991): ‘‘. . . Congress expressed derson Act would use the House- or Senate- gitimate claims.’’ its intention that state law provides the content of passed bill’s statute of repose. Then the ef- As presently stated, the Federal standard is absent and operates as federal law.’’ fect of the bills would differ. The House- any years-from occurrence limitation but includes a Id. at 855. passed bill’s 15-year statute of repose would 3 year-from-discovery period. When incorporated 13 42 U.S.C. § 2210(n)(2). apply in every case, but the Senate-passed into an indemnity agreement, ‘‘such waivers shall 14 See S. Rep. No. 218 supra note 2 at 13; see also H. 20-year statute of repose would apply only in be judicially enforceable in accordance with their Rep. No. 104, Part 1, 100th Cong., supra n. 6 at 18 terms by the claimant against the person indem- (1987). those states that do not have a shorter stat- nified.’’ 42 U.S.C. § 2210(n)(1). 15 940 F.2d 832 (3d Cir. 1991), cert. denied, 503 U.S. ute of repose. In those states that do have a 7 See S. Rep. No. 1605, supra n. 3 at 6–10 (1966), re- 906 (1992). shorter statute of repose, it would apply. printed at 1966 U.S.C.C.A.N. 3206–3210. Under the 16 Id. at 854–55. As noted, however, it seems more likely Price-Anderson system, the claimant’s right to re- 17 Id.at 856–57. that state statutes of repose do not apply cover from the fund established by the act is left to 18 13 F.3d 1090 (7th Cir. 1994), cert. denied, 1994 U.S. now and that no statute of repose would the tort law of the various States; the only inter- Lexis 4722. apply under either the House- or Senate- ference with State law is a potential one, in that the 19 Id. at 1096, 1099. 20 passed bills. Again, though, it might be ad- limitation of liability features . . . would come into See definition supra, at n. 11. play in the exceedingly remote contingency of a nu- 21 In Re Hanford Nuclear Reservation Litigation, visable for Congress to make its intentions clear incident giving rise to damages in excess of the 780 F. Supp. 1551 (E.D. Wash. 1991), relying on Rich- explicit. amount of financial responsibility required together ards v. United States, 369 U.S. 1 (1962) (interpreta- HENRY COHEN, with the amount of the governmental indemnity. tion of similar phrase in Federal Tort Claims Act); Legislative Attorney. Id. at 6. Chevron Oil Co. v. Huson, 404 U.S. 97 (1971) (interpre- ELLEN M. LAZARUS, In Duke Power v. Carolina Env. Study Group, 438 tation of Outer Continental Shelf Lands Act Legislative Attorney. U.S. 59, 65–66 (1978), the High Court referred to the (OCSLA) provision). See also reference in legislative 1966 waiver of defenses provision as based on a con- history to Article III jurisdiction approach that FOOTNOTES gressional concern that state tort law dealing with Congress used in the OCSLA; H. Rep. No. 104, Part 1, 1 Act Sept. 2, 1957, Pub. L. 85–256, 71 Stat. 576, as liability for nuclear incidents was generally unset- supra note 6 at 18. codified at 42 U.S.C. 2210; amending the Atomic En- tled and that some way of insuring a common stand- 22 See Day v. NLO, 3 F.3d 153, 154 n. 1 (6th Cir. 1993). ergy Act of 1954 (Act of Aug. 30, 1954, as codified at ard of responsibility for all jurisdictions—strict li- See also the trial court decision in Cook v. Rockwell 42 U.S.C. §§ 2011 et seq.). The Act was amended in ability—was needed. A waiver of defenses was Intl’ Corp., 755 F. Supp. 1468, 1482 (D. Colo. 1991) mo- 1966 (Pub. L. 89–645, 80 Stat. 891); 1975 (Pub. L. 94–197, thought to be the preferable approach since it en- tion denied, 1995 U.S. Dist. Lexis 4986 (D. Colo. 1995) 89 Stat. 1111); 1988 (Pub. L. 100–408, 102 Stat. 1066; tailed less interference with state tort law than (In response to claim that Price-Anderson was ‘‘si- hereinafter referred to as the 1988 Amendments Act would the enactment of a federal statute prescribing lent’’ on what limitations should apply, party con- or the Amendments Act of 1988). strict liability. tended that a state statute establishing a specific

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10188 CONGRESSIONAL RECORD — SENATE July 18, 1995 limitation period for ‘‘all actions upon liability cre- people on the ground by detecting their ATF spokeswoman Susan McCarron con- ated by a federal statute where no period of limita- body heat. firmed yesterday that the agency had ob- tions is provided in said federal statute’’ should tained the aircraft but noted they had been apply. The court held that such state statutory pe- It’s no secret that the ATF is under- stripped of their armament. She said that riod did not apply because Price-Anderson provided going intense public scrutiny. It has nine of the OV–10Ds were operational and for a limitations period by mandating the applica- done some real bone-headed things. It tion of state substantive law and that statutes of that the remaining 13 were being used for limitations are substantive). has been criticized for enforcing the spare parts. 23 Although federal courts have original jurisdic- law while crossing the line of civil ‘‘We have nine OV–10Ds that are unarmed; tion over such actions, states have concurrent juris- rights protections. they have no weapons on them,’’ Ms. diction. See § 2210(n)(2). Subject to removal upon mo- ATF’s credibility will be even further McCarron said. ‘‘They are being used for sur- tion, public liability actions may be filed in state veillance and photography purposes. The re- courts; in a case in which such action proceeds in tested the next 2 weeks when joint state court, § 2014(hh) requires that the law of the committee hearings are held in the mainder are being used for spare parts.’’ Ms. McCarron said the aircraft were ob- State in which the nuclear incident occurred deter- other body on the Waco matter. And mine the rules for decision. tained by ATF from the Defense Department 24 See Article III, § 2, cl. 1, U.S. Constitution: ‘‘The the Senate Judiciary Committee also ‘‘when DOD was getting rid of them,’’ and Judicial Power shall extend to all Cases, in Law and will hold hearings on Waco in Sep- that other agencies also had received some of Equity, arising under this Constitution. . . .’’ tember. the airplanes. The issue of whether Congress exceeded its author- I raise this issue today, Mr. Presi- General Service Administration records ity under Article III in creasing ‘‘arising under’’ ju- show that some of the unarmed aircraft also risdiction even where stipulating that such actions dent, because the purchase of these air- were to be derived from state law has been addressed craft in the current climate might con- were transferred to the Bureau of Land Man- in a number of opinions issued under the Amend- tinue to feed the public’s skepticism, agement for use in survey work, while others ments Act. In vacating and remanding a district went to the California Forestry Department court holding that the Amendments Act was uncon- and erode the pubic’s confidence in our for use in spotting fires and in directing stitutional, the Circuit Court of Appeals in Re TMI law enforcement agencies. ground and aerial crews in combating them. Litigation Cases Consol. II, 940 F.2d 832, 845 (3d Cir. For that reason, it is incumbent upon Other models of the OV-10 also are being 1991) stated: ‘‘It could not be clearer that Congress ATF to fully disclose and fully inform used by officials in Washington state for intended that there be federal jurisdiction over claims removed pursuant to the Amendments Act; the public as to the purchase of these nighttime surveillance of fishing vessels sus- the statutory language is explicit.’’ The court, in aircraft. pected of overfishing the coastal waters. analyzing subject matter jurisdiction, noted that First, what, specifically, will they be The transfer of the aircraft to ATF comes the Amendments Act ‘‘contains both federal and at a time of heightened public skepticism state elements. While the public liability cause of used for? and congressional scrutiny of the agency’s action itself and certain elements of the recovery Second, where will they be located? ability to enforce the law without trampling scheme are federal, the underlying rules of decision Third, what assurances are there that on the rights of citizens. are to be derived from state law.’’ the planes will remain unarmed? The ATF’s image suffered mightily in the Id. at 854. 25 See In Re TMI Litigation Cases Consol. II, supra The sooner these questions are an- aftermath of its 1993 raid and subsequent n. 15 at 857–58. swered by ATF—openly and candidly— shootout at the Branch Davidian compound 26 Note, for example, that under § 170(s); 42 U.S.C. the less chance there is that the in Waco, Texas, during which four agents § 2210(s) ‘‘No court may award punitive damages in public’s skepticism will grow. and six Davidians were killed. It sustained any action with respect to a nuclear incident . . . another public-relations blow after it was re- against a person on behalf of whom the United Mr. President, the continued credi- vealed that ATF agents helped organize a States is obligated to make payments under an bility of the ATF is on the line, in my whites-only ‘‘Good O’ Boys Roundup’’ in the agreement of indemnification covering such inci- judgment. At times such as these, dent. . . .’’ Tennessee hills. 27 See, however, § 167 of the Atomic Energy Act, 42 when scrutiny is at its highest, the Hearings of the Waco matter begin tomor- U.S.C. § 2207, authorizing the Commission to pay best strategy is to go on the offense. row in the House. A Senate Judiciary Com- ‘‘any claim for money damage of $5,000 or less Spare no expense in disclosing fully mittee hearing on the racist trappings of the against the United States for bodily injury, death, and swiftly. Because full and swift dis- roundup is scheduled for Friday. or damage . . . where such claim is presented to the One Senate staffer yesterday said there Commission in writing within one year after the ac- closure is the first step in restoring was ‘‘some real interest’’ in the ATF’s acqui- cident or incident out of which the claim credibility. sition of the aircraft, and that questions arises. . . .’’ The ATF’s credibility is important 28 If a federally created right of action has a spe- ‘‘probably will be asked very soon of the cific statute of limitations, such a right is enforced not just for itself, but for law enforce- agency’’ about the specifics of their use and free from any state limitation period. In such a case, ment in general. There is much work locations where they have been assigned. the provision is regarded as one of substantive right to do to restore the public’s trust and According to federal law enforcement setting a limit to the existence of the statutory ob- confidence. I hope that ATF will step sources and others, including two airline pi- ligation. Where a federal right has been created lots who have seen and photographed the without providing a limitation of actions to enforce up to the challenge and provide the ATF planes, two of the combat-capable air- such a right, since there is no federal statute of lim- necessary assurances. craft—known as ‘‘Broncos’’—have been rout- itations of general application, the courts generally Mr. President, I ask unanimous con- apply the forum state’s statute of limitations. As ed to Shawnee, Okla., where they were paint- such, federal courts will borrow the periods of limi- sent that the Washington Times arti- ed dark blue over the past month at an air- tation prescribed by the state where Congress has cle, written by Jerry Seper, be printed craft maintenance firm known as Business created a federal right but has not prescribed a pe- in the RECORD. Jet Designs Inc. riod for its enforcement. See 51 am jur 2d limitation There being no objection, the article Michael Pruitt, foreman at Business Jet of actions § 74; 53 C.J.S. limitations of actions § 33. Designs, confirmed yesterday that two of the 29 was ordered to be printed in the Henry Cohen wrote Part III of the memorandum; ATF aircraft had been painted at the Shaw- Ellen Lazarus wrote Parts I and II. RECORD, as follows: nee site and that at least one more of the f [From the Washington Times, July 18, 1995] OV–10Ds ‘‘was on the way.’’ Mr. Pruitt said ATF’S PURCHASE OF 22 OV–10D ATF GETS 22 PLANES TO AID SURVEILLANCE the aircraft were painted dark blue with red and white trim. The sources said the paint AIRCRAFT WEAPONS-CAPABLE AIRCRAFT REPAINTED jobs cost the ATF about $20,000 each. Mr. GRASSLEY. Mr. President, a (By Jerry Seper) The firm’s owner, Johnny Patterson, told news article in this morning’s Wash- The Bureau of Alcohol, Tobacco and Fire- associates last month he expected to be ington Times says the Bureau of Alco- arms has obtained 22 counterinsurgency, painting at least 12 of the ATF aircraft but hol, Tobacco and Firearms recently heavy-weapons-capable military aircraft. was unsure whether he could move all of The 300-mph OV–10D planes—one of several purchased 22 OV–10D aircraft from the them fast enough through his shop. Mr. Pat- designations used by the Marine Corps dur- terson was out of town yesterday and not Defense Department. ing the Vietnam War for gunfire and missile available for comment. These aircraft were used by the Ma- support of ground troops, and by the Air According to the sources, the ATF’s OV– rine Corps in the Vietnam war for close Force during Operation Desert Storm for 10Ds, recently were overhauled under the air support in combat. They were also night observation—have been transferred government’s Service Life Extension Pro- used in Operation Desert Storm for from the Defense Department to ATF. gram and were equipped with a state-of-the- night observation. The turboprop aircraft, which will be used art forward-looking infrared system that al- The aircraft are heavily weapons-ca- for day and night surveillance support, were lows the pilot to locate and identify targets pable, especially from a law-enforce- designed to locate people on the ground at nights—similar to the tracking system through their body heat. used on the Apache advanced attack heli- ment perspective. ATF says the planes When used by the military services, the copter. have been stripped of their weapons. planes were equipped with infrared tracking Designed by Rockwell International, the Their purpose, according to ATF, is for systems, ground-mapping radar, laser range- OV–10D originally was outfitted with two surveillance. The planes can locate finders, gun sights and 20mm cannons. 7.62mm M–60C machine guns, each with 500

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10189 rounds of ammunition. It also was modified a garden every year and also maintain regulations on America’s urban core to carry one Sidewinder missile under each a numerous assortment of flowers inner-city centers. Yet it is precisely wing, Snakeye bombs, fire bombs, rocket around their home. In her spare time, our Nation’s most distressed urban packages and cluster bombs. she enjoys crocheting and quilting. She areas which are really threatened as a The OV–10D can carry a 20mm gun turret with 1,500 rounds of ammunition. also enjoys spending time at the result of the onerous implications of During the Vietnam War, two OV–10Ds camphouse on the Tennessee River, vis- some of the regulations on the city were used for a variety of missions during a iting with friends and family. center. I believe it is time for us to six-week period and flew more than 200 mis- In short, Beulah Varnell enjoys life look at those regulations as they relate sions in which they were credited with kill- to its fullest, and is happiest when to the cities and the potential for job ing 300 enemy troops and saving beleaguered helping others. She is a great asset to growth and development in those cit- outposts from being overrun by the com- CFSA and the Department of Agri- ies. And it is time for us to have a look munists. culture, having always remained to- at whether or not we can mitigate the f tally dedicated to the needs of county impacts of regulation against some of TRIBUTE TO BEULAH G. VARNELL producers. I congratulate her and sa- the areas where job development and lute her as one of the best examples of growth are most challenging. Mr. HEFLIN. Mr. President, I want public service our Nation has to offer. So I have submitted an amendment to commend and congratulate an out- f which is called the Urban Regulatory standing employee of the Department Relief Zone Act of 1995, an amendment of Agriculture in Alabama, Beulah G. IS CONGRESS IRRESPONSIBLE? to Senate bill 343, which is designed to Varnell. She has been working in var- LOOK AT THE ARITHMETIC try to provide that kind of relief. I be- ious capacities for the Department Mr. HELMS. Mr. President, the im- lieve it is in the best interests of our there for over 50 consecutive years. pression will not go away: The $4.9 tril- urban centers to be able to develop Prior to joining the Department of lion Federal debt stands today as a sort waivers so when we really find the reg- Agriculture’s Consolidated Farm Serv- of grotesque parallel to television’s En- ulations are hurting the health, the ice Agency [CFSA], Mrs. Varnell ergizer bunny that appears and appears safety, the well-being, the security of worked at the Red Stone Arsenal in and appears in much this same way our citizens, that, in fact, those regu- Huntsville, AL, for a short period of that the Federal debt keeps going and latory provisions can be waived in co- time. In 1945, she began work as Assist- going and going—up, of course. operation with the Federal Govern- ant Clerk of Conservation Materials A lot of politicians talk a good ment to provide an opportunity for and the next year became Principal game—and talk is the operative word— jobs. Conservation Material Clerk. She pro- about reducing the Federal deficit and Mrs. HUTCHISON addressed the gressed steadily over the next few bringing the Federal debt under con- Chair. years to Senior Clerk in 1949. trol. The PRESIDING OFFICER. The Sen- Beulah Varnell has demonstrated ex- Control, Mr. President? As of yester- ator from Texas. ceptional ability to assuming and car- day, Monday, July 17, at the close of Mrs. HUTCHISON. Mr. President, rying out many programs, with pri- business, the total Federal debt stood will the Senator yield? mary responsibilities for administra- at exactly $4,927,653,309,340.54, or The PRESIDING OFFICER. The Sen- tive, price support, conservation, wool $18,705.46 per man, woman, and child on ator from Texas [Mrs. HUTCHISON] is and mohair, and feed grain. She be- a per capita basis. Res ipsa loquitur. recognized. came Chief Program Assistant in 1966 Some control. AMENDMENT NO. 1789 TO AMENDMENT NO. 1786 and is known across the State for her f (Purpose: To provide for the designation of knowledge of CFSA programs and her distressed areas within qualifying cities as extraordinary ability to get the job CONCLUSION OF MORNING regulatory relief zones and for the selec- done and done well. This is reflected by BUSINESS tive waiver of Federal regulations within her willingness to help out with all The PRESIDING OFFICER. Under such zones) other programs in the county office. the previous order, morning business is Mrs. HUTCHISON. Mr. President, I She has worked for four different closed. send an amendment to the desk and CEO’s during her 50 years with the ask for its immediate consideration. agency. She has always donated annual f The PRESIDING OFFICER. The leave to the leave transfer recipients COMPREHENSIVE REGULATORY clerk will report. and maintains 240 hours of annual REFORM ACT The legislative clerk read as follows: leave at the end of each year as indi- The PRESIDING OFFICER. The Sen- The Senator from Texas [Mrs. HUTCHISON], cated by all available records. She cur- ate will now resume consideration of S. for herself and Mr. ASHCROFT, proposes an rently has accumulated 4,103 hours of 343, which the clerk will report. amendment numbered 1789 to amendment No. 1786. sick leave, and has never been off work The legislative clerk read as follows: for any extended period of time. There Mrs. HUTCHISON. Mr. President, I is a familiar anecdote that Beulah once A bill (S. 343) to reform the regulatory process and for other purposes. ask unanimous consent that reading of had a wreck while on her way to work the amendment be dispensed with. and asked that her typewriter be The Senate resumed consideration of The PRESIDING OFFICER. Without brought to her home so that she could the bill. objection, it is so ordered. continue her duties uninterrupted. Pending: The amendment is as follows: Dole amendment No. 1487, in the nature of That is dedication. In lieu of the matter proposed to be added, Beulah married Royce Varnell, who a substitute. Levin (for Glenn) amendment No. 1581 (to add the following: is retired from the Tennessee Valley amendment No. 1487), in the nature of a sub- ‘‘TITLE II—URBAN REGULATORY RELIEF Authority, in 1950. She is very close to stitute. ZONES her family, including her brother, 3 sis- Ashcroft amendment No. 1786 (to amend- SECTION 201. SHORT TITLE. ters, nieces, and nephews. The ment No. 1487), to provide for the designation This Act may be cited as the ‘‘Urban Regu- Varnell’s have two farms in of distressed areas within qualifying cities as latory Relief Zone Act of 1995’’. Rogersville, AL, one planted with soy- Regulatory Relief Zones and for the selective SEC. 202. FINDINGS. beans, the other maintaining several waiver of Federal regulations within such The Congress finds that— head of cattle. Beulah has lived on a zones. (1) the likelihood that a proposed business farm in Rogersville all her life and has The PRESIDING OFFICER. The Sen- site will comply with many government reg- been associated with all aspects of ator from Missouri [Mr. Ashcroft]. ulations is inversely related to the length of time over which a site has been utilized for farming through personal experiences AMENDMENT NO. 1786 commercial and/or industrial purposes in the and her job with CFSA. Mr. ASHCROFT. Mr. President, past, thus rendering older sites in urban She is an active member of the throughout the current debate on S. areas the sites most unlikely to be chosen Rogersville Church of Christ where she 343, regulatory reform, little has been for new development and thereby forcing teaches a class. Beulah and Royce have said about the devastating effects of new development away from the areas most

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10190 CONGRESSIONAL RECORD — SENATE July 18, 1995 in need of economic growth and job creation; plication of specific Federal regulations title, using the most recent census data and within such Urban Regulatory Relief Zones. available at the time each applicant is sub- (2) broad Federal regulations often have (b) COMPOSITION.—To the greatest extent mitted; and unintended social and economic con- practicable, an Economic Development Com- (3) after making a determination under sequences in urban areas where such regula- mission shall include— paragraph (2)— tions, among other things— (1) residents representing a demographic (A) submit the request for waiver to the (A) offend basic notions of common sense, cross section of the city population; and Federal agency that promulgated the regula- particularly when applied to individual sites; (2) members of the business community, tion and notify the requesting Economic De- (B) adversely impact economic stability; private civic organizations, employers, em- velopment Commission of the date on which (C) result in the unnecessary loss of exist- ployees, elected officials, and State and local the request was submitted to such agency; or ing jobs and businesses; regulatory authorities. (B) notify the requesting Economic Devel- (D) undermine new economic development, (c) LIMITATION.—No more than one Eco- opment Commission that the request is not especially in previously used sites; nomic Development Commission shall be es- in compliance with this Act with an expla- (E) create undue economic hardships while tablished or designated within a qualifying nation of the basis for such determination. failing significantly to protect human city. (d) MODIFICATION OF WAIVER REQUESTS.— health, particularly in areas where economic SEC. 206. LOCAL PARTICIPATION. An Economic Development Commission may development is urgently needed in order to (a) PUBLIC HEARINGS.—Before designating submit modifications to a waiver request. improve the health and welfare of residents an area as an Urban Regulatory Relief Zone, The provisions of subsection (c) shall apply over the long term; and an Economic Development Commission es- to a modified waiver as of the date such (F) contribute to social deterioration to a tablished pursuant to section 205 shall hold a modification is received by the Office of such degree that high unemployment, crime, public hearing, after giving adequate public Management and Budget. and other economic and social problems cre- notice, for the purpose of soliciting the opin- (e) WAIVER DETERMINATION.—(1) No later ate the greatest risk to the health and well- ions and suggestions of those persons who than 120 days after receiving a request for being of urban residents. will be affected by such designation. waiver under subsection (c) from the Office SEC. 203. PURPOSES. (b) INDIVIDUAL REQUESTS.—The Economic of Management and Budget, a Federal agen- The purposes of this title are to— Development Commission shall establish a cy shall— (1) enable qualifying cites to provide for process by which individuals may submit re- (A) make a determination of whether to the general well-being, health, safety and se- quests to the Economic Development Com- waiver a regulation in whole or in part; and curity for their residents living in distressed mission to include specific Federal regula- (B) provide written notice to the request- areas by empowering such cities to obtain tions in the Commission’s application to the ing Economic Development Commission of selective relief from Federal regulations that Office of Management and Budget seeking such determination. undermine economic stability and develop- waivers of Federal regulations. (2) Subject to subsection (g), a Federal ment in distressed areas within the city; and (c) AVAILABILITY OF COMMISSION DECI- agency shall deny a request for a waiver only (2) authorize Federal agencies to waive the SIONS.—After holding a hearing under para- if the waiver substantially endangers health application of specific Federal regulations in graph (a) and before submitting any waiver or safety. distressed urban areas designated as Urban applications to the Office of Management (3) If a Federal agency grants a waiver Regulatory Relief Zones by an Economic De- and Budget pursuant to section 207, the Eco- under this subsection, the agency shall pro- velopment Commission— nomic Development Commission shall make vide a written statement to the requesting (A) upon application through the Office of publicly available— Economic Development Commission that— Management and Budget by an Economic De- (1) a list of all areas within the city to be (A) describes the extent of the waiver in velopment Commission established by a designated as Urban Regulatory Relief whole or in part; and qualifying city pursuant to section 205; and Zones, if any; (B) explains the application of the waiver, (B) upon a determination by the appro- (2) a list of all regulations for which the including guidance for the use of the waiver priate Federal agency that granting such a Economic Development Commission will re- by business concerns, within the Urban Reg- waiver will not substantially endanger quest a waiver from a Federal agency; and ulatory Relief Zone. health or safety. (3) the basis for the city’s findings that the (4) If a Federal agency denies a waiver SEC. 204. ELIGIBILITY FOR WAIVERS. waiver of a regulation would improve the under this subsection, the agency shall pro- (a) ELIGIBLE CITIES.—The mayor or chief health and safety and economic well-being of vide a written statement to the requesting executive officer of a city may establish an the city’s residents and the data supporting Economic Development Commission that— Economic Development Commission to carry such a determination. (A) explains the reasons that the waiver out the purposes of section 205 if the city has SEC. 207. WAIVER OF FEDERAL REGULATIONS. substantially endangers health or safety; and a population greater than 200,000 according (a) SELECTION OF REGULATIONS.—An Eco- (B) provides a scientific basis in writing for to: nomic Development Commission may select such determination. (1) the U.S. Census Bureau’s 1992 estimate for waiver, within an Urban Regulatory Re- (f) AUTOMATIC WAIVER.—If a Federal agen- for city populations; or lief Zone, Federal regulations that— cy does not provide the written notice re- (2) beginning six months after the enact- (1)(A) are unduly burdensome to business quired under subsection (e) within the 120- ment of this title, the U.S. Census Bureau’s concerns located within an area designated day period as required under such sub- latest estimate for city populations. as an Urban Regulatory Relief Zone; or section, the waiver shall be deemed to be (b) DISTRESSED AREA.—Any census tract (B) discourages new economic development granted by the Federal agency. within a city shall qualify as distressed area within the zone; or (g) LIMITATION.—No provision of this Act if— (C) creates undue economic hardships in shall be construed to authorize any Federal (1) 33 percent or more of the resident popu- the zone; or agency to waive any regulation or Executive lation in the census tract is below the pov- (D) contributes to the social deterioration order that prohibits, or the purpose of which erty line; or of the zone; and is to protect persons against, discrimination (2) 45 percent or more of out-of-school (2) if waived, will not substantially endan- males aged 16 and over in the census tract on the basis of race, color, religion, gender, ger health or safety. or national origin. worked less than 26 weeks in the preceding (b) REQUEST FOR WAIVER.—(1) An Economic (h) APPLICABLE PROCEDURES.—A waiver of year; or Development Commission shall submit a re- a regulation under subsection (e) shall not be (3) 36 percent or more families with chil- quest for the waiver of Federal regulations considered to be a rule, rulemaking, or regu- dren under age 18 in the census tract have an to the Office of Management and Budget. lation under chapter 5 of title 5, United unmarried parent as head of the household; (2) Such request shall— States Code. The Federal agency shall pub- or (A) identify the area designated as an lish a notice in the Federal Register stating (4) 17 percent or more of the resident fami- Urban Regulatory Relief Zone by the Eco- any waiver of a regulation under this sec- lies in the census tract received public as- nomic Development Commission; sistance income in the preceding year. (B) identify all regulations for which the tion. (i) EFFECT OF SUBSEQUENT ADMINISTRATION SEC. 205. ECONOMIC DEVELOPMENT COMMIS- Economic Development Commission seeks a SIONS. waiver; and OF REGULATIONS.—If a Federal agency (a) PURPOSE.—The mayor or chief execu- (C) explain the reasons that waiver of the amends a regulation for which a waiver tive officer of a qualifying city under section regulations would economically benefit the under this section is in effect, the agency 204 may appoint an Economic Development Urban Regulatory Relief Zone and the data shall not change the waiver to impose addi- Commission for the purpose of— supporting such determination. tional requirements. (1) designating distressed areas, or a com- (c) REVIEW OF WAIVER REQUEST.—No later (j) EXPIRATION OF WAIVERS.—No waiver of a bination of distressed areas with one another than 60 days after receiving the request for regulation under this section shall expire un- or with adjacent industrial or commercial waiver, the Office of Management and Budg- less the Federal agency determines that a areas, within the city as Urban Regulatory et shall— continuation of the waiver substantially en- Relief Zones; and (1) review the request for waiver; dangers health or safety. (2) making application through the Office (2) determine whether the request for waiv- SEC. 208. DEFINITIONS. of Management and Budget to waive the ap- er is complete and in compliance with this For purposes of this Act, the term—

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10191 (1) ‘‘regulation’’ means— a risk assessment. It would require that the President veto S. 343 in its (A) any rule as defined under section 551(4) that each agency assess whether the present form, as of July 10, 1995, when of title 5, United States Code; or benefits of the rule that it is proposing the policy statement was written. The (B) any rulemaking conducted on the record after opportunity for an agency hear- or promulgating will justify the costs summary states that the cumulative ing under sections 556 and 557 of such title; of implementing it; and whether the effect of S. 343 would burden the regu- (2) ‘‘Urban Regulatory Relief Zone’’ means rule is the most cost-effective rule latory system with additional paper- an area designated under section 205; among the various alternative pro- work, unnecessary cost, significant (3) ‘‘qualifying city’’ means a city which is posals. delay, and excessive litigation, and eligible to establish an Economic Develop- These two elements are key to ra- then states in a very unusual document ment Commission under section 204; tional rulemaking. It is tough because, that the Secretaries of Labor, Agri- (4) ‘‘industrial or commercial area’’ means by statute, it resolves once and for all culture, Health and Human Services, any part of a census tract zoned for indus- the role of the President in overseeing trial or commercial use which is adjacent to Housing and Urban Development, a census tract which is a distressed area pur- the regulatory process. The bill gives Transportation, Treasury, Interior, suant to section 205(b); and the President the authority to oversee EPA, and the Director of OMB all (5) ‘‘poverty line’’ has the same meaning as the cost-benefit analysis and risk as- would make that recommendation for a such term is defined under section 673(2) of sessment requirements, and recognizes veto. the Community Services Block Grant Act (42 the significant contribution that the This document has been put in the U.S.C. 9902(2)). President can make to rational rule- RECORD. It sets forth paragraph by SEC. 209. EFFECTIVE DATE. making. paragraph, issue by issue, and item by The provisions of this title shall become It gives Congress the right to stop a item why the Dole-Johnston approach effective one day after the date of enact- rule before it takes effect. It is tough represents overload, why it would ment.’’. because it allows for judicial review of drown the system instead of repairing The PRESIDING OFFICER. The Sen- an agency’s determination as to wheth- it. ator from Texas is recognized. er or not a rule meets the $100 million The Glenn-Chafee substitute would Mrs. HUTCHISON. Mr. President, I economic impact test, and because a fundamentally change, as we should, sent an amendment to the amendment rule can be remanded to an agency for the way that Federal regulatory agen- to the desk because I think Senator the failure of the agency to do the cost- cies do business. At the same time, it ASHCROFT is doing a very important benefit analysis or risk assessment. would keep a system that would allow thing for the urban areas of our coun- It is tough because it requires rules us to preserve critically needed health, try. It is clear that we need to do ev- scheduled for review to be subject to safety, and environmental approaches. erything we can to create jobs in our repeal, should the agency fail to review The Glenn-Chafee substitute would urban areas, and particularly in the them in 10 years, according to the help prevent regulatory agencies from distressed parts of our urban areas. schedule and requirements of this leg- issuing rules that are not based on I did make a minor amendment in islation. good common sense or on good science, the change of the effective date, but I The Glenn-Chafee substitute also re- or that would impose costs that are not support Senator ASHCROFT’s amend- flects some common sense, because it justified by the benefits of the rule. ment wholeheartedly and appreciate recognizes that decisions about bene- But it would not inhibit or prevent his yielding the floor to me for this fits and costs are, by necessity, not an agencies from taking the necessary short time. exact science but an exercise of judg- steps that the American public wants Several Senators addressed the ment. It reflects common sense be- to take to protect their health and Chair. cause it does not subject all rules to their environment and their safety. The PRESIDING OFFICER. The Sen- congressional review, but only the The question here is the balance that ator from Michigan [Mr. LEVIN], is rec- major rules. It reflects common sense we are going to set. That is really the ognized. because it uses information as a tool issue. And it is an incredibly detailed AMENDMENT NO. 1581 for assessing agency performance and and arcane bunch of issues that we Mr. LEVIN. Mr. President, we all makes that information available for must deal with. But if we make a big want significant and meaningful regu- everyone to judge and to challenge. mistake and go way too far and bog latory reform. No one wants rules that The Dole-Johnston amendment goes down a system in a whole series of new do not make sense. Nobody wants regu- too far. In its zeal for reform, it over- approaches subject to litigation, we latory requirements that exceed real reaches and damages the very process will end up doing a tremendous dis- needs. We want Government to be that it sets out to repair. favor, not just to the American people smart, effective, reasonable, and prac- It is not reform. It is overload. It is but to the business community itself, tical. like throwing a bucket of water to a which also needs the regulatory system There are plenty of regulatory horror drowning person. It is as if a doctor is to work. stories. Some are accurate and some tripling the prescribed dosage in order Glenn-Chafee strikes a good balance are not. There is more than enough evi- to get a better effect. It ends up actu- in a number of ways. First, all Federal dence for us to be convinced of the fact ally harming the patient instead of agencies would be required to perform that the regulatory process is broken helping. and publish cost-benefit analyses be- and needs fixing. We spent several While the Dole-Johnston substitute fore issuing major rules. The agencies months in Governmental Affairs ear- is an improvement over S. 334, as intro- would be required to compare the costs lier this year considering a bill intro- duced, and has been improved in some and benefits of not only the proposed duced by Senators ROTH and GLENN way, it still falls far short of the goal rule but of reasonable alternatives as which, with a few important amend- that we need for regulatory reform, well, including non-regulatory, mar- ments, we reported to the full Senate which is to improve the regulatory ket-based approaches. The agencies for its consideration. It was passed by process so that it works better, results would be required to explain whether a unanimous, bipartisan vote of 15 to 0. in rules that make sense, and at the the expected benefits of the rule justify It has cost-benefit analysis, risk as- same time we maintain the important the cost and whether the rule will sessment, legislative review, and a pro- health, safety and environmental pro- achieve the benefits in a more cost-ef- cedure for the review of existing rul- tections that Americans expect and de- fective manner than the alternatives. ings. With a few modifications this is serve. The Dole-Johnston substitute The cost-benefit analysis would be re- the Glenn-Chafee substitute that is would bog down—rather than clean viewed by a panel of independent ex- now before us. It is tough medicine up—the regulatory process, and would perts, and the agencies would be re- that is designed to cure and not to kill put important health, safety, and envi- quired to respond to peer reviewers’ the regulatory process. ronmental protections needlessly at concerns. The Glenn-Chafee substitute is tough risk. Under Glenn-Chafee, the major regu- because it would require, by law, that The Cabinet officials of this adminis- latory agencies would be required to every major rule be subject to a cost- tration have issued a statement of pol- perform and publish risk assessment benefit analysis and, for key agencies, icy stating that they would recommend before issuing major rules regulating

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10192 CONGRESSIONAL RECORD — SENATE July 18, 1995 risks to the environment, health, and How does that compare to Dole-John- Last week, we adopted an amend- safety. The risk assessments would be ston? Dole-Johnston would impose new ment that reaffirmed what the spon- required to be based on reliable sci- and sometimes conflicting decisional sors of the bill had been saying in this entific data, and would disclose and ex- criteria, essentially displacing stand- Chamber, that the decisional criteria plain any assumptions and value judg- ards in existing laws by forbidding of their bill do not override any exist- ments. The risk assessment would have issuance of any rule unless the criteria ing statute—and that was an important to be reviewed by a panel of inde- are met. This is one of the most trou- issue to clarify—that where there is a pendent experts, and agencies would bling features of the proposal. And one conflict between an underlying health, have to respond to peer reviewers’ con- of my concerns about Dole-Johnston is safety or environmental law and the cerns. Federal agencies would be re- that it would so encumber agencies decisional criteria of Dole-Johnston, it quired to review important regula- that it would swamp the regulatory is intended that the underlying statute tions, eliminate unnecessary regula- process rather than reform it, making govern. But the problem is that prob- tions, and reform any that do not meet it a greater burden rather than a lesser ably in most cases there will not be a the new standards that this bill would one. direct conflict. And in those cases the create. If an agency fails to conduct a No one can disagree—I do not think Dole-Johnston decisional criteria could review within the time required by the anyone is arguing against this—that be interpreted as governing. So now let schedule, it would be required to issue we should only have rules where the us look at the criteria. a notice of proposed rulemaking to re- benefits justify the cost. The GLENN- Least cost of the Dole-Johnston peal the rule rather than to have the CHAFEE substitute has that standard. It decisional criteria would require that rule automatically sunset. That rule- requires every agency to certify that an agency pick the least cost alter- making would have to be completed in the benefits justify the costs, and if it native in choosing how to regulate. 2 years. That is one of the key dif- cannot so certify, to explain why. Now, on the surface that may sound ferences between the two approaches The way that the Glenn-Chafee bill right, going with the least expensive, that we will be deciding a little later works is that since all major rules are but once the surface is scratched, this on today. presented to Congress 45 days before approach not only fails the common- Congress would have under Glenn- they take effect, if there is a rule sense test, it is inconsistent with the Chafee 45 days before issuance of any which the agency head says is appro- cost-benefit test. major rule to review the rule, to pre- priate for whatever reasons but that Why would we want to restrict Fed- vent it from taking effect by passing the benefits do not justify the cost, we eral agencies to picking the cheapest expedited procedures in a joint resolu- in Congress will then have an oppor- way to regulate when in many cases it tion of disapproval. That finally would tunity to decide whether or not such a will not be the best way to regulate put elected representatives in a posi- regulation whose benefits do not jus- and will not be the most cost effective tion to assure that agencies’ rules are tify its costs should take effect. There way to regulate? Why would we want consistent with Congress’ intent. And will be times where we will decide it to deny agencies from getting the big- this is the power that I have fought to should, for whatever reason. It may be gest bang for the buck out of the regu- create as long as I have been in this that the underlying law requires it. latory scheme? If going with the cheap- body. Under Glenn-Chafee, covered agen- But where an agency head, as part of est were always the best approach, we cies would be required to set regu- the cost-benefit analysis, tells us that would all be driving Yugos. latory priorities, to address the risks the benefits do not justify the cost, we Now, if, for $100 million in costs, we that are most serious and can be ad- then are in the position to decide can save 1,000 lives, but for $110 million dressed in a cost-effective manner. whether or not it is still our intention in costs, we can save 2,000 lives, ought Agencies would be required to explain that the rule go into effect. That is the we not be able to go with the slightly and reflect these priorities in their real power of the legislative review more expensive approach for double the budget requests. process. savings in lives even though the lower Every 2 years the President would be An agency may also not be able to cost-smaller savings in lives approach required to report to Congress the cost certify that the benefits justify the might meet the minimal statutory cri- and the benefits of all regulatory pro- cost because the underlying statute teria? grams and recommendations for re- may have required that the agency reg- Statutes usually have a range. They form. The OMB would be required by ulate without regard to the cost effect. usually describe things in terms of law to oversee compliance with the Congress may have decided that an minimal safety and allow discretion for bill, and would be required to review agency should issue a rule establishing the agency. Do we want to tell an agen- all major rules before issuance. This the safe level of a toxic element in the cy that you cannot spend that extra 10 would strengthen Presidential control air and that we want that level percent to double the savings in lives? over regulatory agencies, particularly achieved regardless of what the cost Is that really what we want to do? the independent agencies. implications might be. So assessing the Then why do the cost-benefit analysis? The Glenn-Chafee substitute includes cost and the benefits may simply not There is an inconsistency. all of the provisions that we need to be an option for that agency. Well, we Mr. JOHNSTON. Mr. President, will produce lasting and meaningful regu- want the agency to tell us that so that the Senator yield? latory reform. In a number of respects we, elected officials, accountable to the Mr. LEVIN. I will be happy to yield Glenn-Chafee goes farther than the reg- people, can decide: Do we really want for a question. But before I do yield, let ulatory reform bill passed by the House to impose a rule that has costs which me say this. I am going to get to the of Representatives, H.R. 9, which does cannot be justified by the benefits? We issue which the Senator and I have dis- not provide for the review of existing may pass laws that say that, but when cussed over the last few days, which is regulations or congressional review, or it comes to the rulemaking, we should whether or not there is an exception the integration of comparative risk have an opportunity and be forced to then to the least-cost approach. I am analysis into agency priority setting consider the actual costs that we are going to address that issue imme- and budget. imposing on this society. We have that diately and then perhaps he could ask Glenn-Chafee goes past S. 1080, the in the Glenn-Chafee substitute. a question after I address the exception Omnibus Regulatory Reform bill that Now, the Dole-Johnston substitute which the Senator from Louisiana has passed the Senate overwhelmingly in has a different approach. It says spe- pointed to as to why we are not driven the 1980’s. And no one can seriously dis- cifically that an agency cannot regu- always to least cost. I know that is the pute the fact that the GLENN-CHAFEE late unless it finds that the benefits Senator’s position. However, the lan- substitute is a strong regulatory re- justify the costs, or if the rule cannot guage is quite clear. And I will be ad- form bill. Again, it passed the Govern- satisfy that criteria, the rule must dressing what he calls an exception to mental Affairs Committee with state- meet three other tests including that it show that it is not an exception. But I ments of just how strong it was just a adopts the least cost alternative and would be happy to get into that issue. few months ago by a unanimous bipar- that it results in a significant reduc- Mr. JOHNSTON. Is the Senator seri- tisan vote. tion in risk. ously saying that if you can save, what

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10193 was it, 10,000 lives for $1 million, that extra lives mean it is a different ben- stead of $100 million, even though the for an extra $100,000 you could not save efit—— $100 million may meet the minimum another 1,000 lives—is the Senator real- Mr. LEVIN. It is the same rule. threshold, since there is a range al- ly saying that he believes that about Mr. ASHCROFT. It is the same rule. lowed by definition, or else you would our bill? But if it is a different benefit, then it not be doing the cost-benefit analysis? Mr. LEVIN. I do, because that is is a different cost-benefit ratio and the You would not need to. It would not be clearly quantifiable. I just quantified cheapest for the different benefit is the as relevant as it otherwise should be. it. And that is the way the agencies superior one for which the Senator has You are doing a cost-benefit analysis read the Dole-Johnston bill, and that is argued. most of the time because a range is why the agencies have written a state- Mr. LEVIN. You would think that permitted, and if a range is permitted ment, and that is why the bill should the agency in applying that rule ought under the statute, the question is then, be amended, and that is why we have to be able to spend the extra 10 percent will you allow the agency discretion to discussed an amendment, one of a num- to double the number of lives. implement something more expensive ber of amendments to the Senator’s Mr. ASHCROFT. My view is and my than the least costly, if you can, for a bill. Since I have just quantified it, it question was—— small incremental amount to signifi- is not eligible for the exception. The Mr. LEVIN. Would the Senator agree cantly increase the benefit? exception only applies where it is not with that? I think the intention of the sponsors quantifiable, and I have just given a Mr. ASHCROFT. I would agree that is to allow the agency to do so. How- quantified exception. for a nickel more you can go first class ever, we have pointed out over and over I have just said for $100 million you is the old way of saying that, and if again that the language of the bill does can save 1,000 lives, but for $110 million first class means that you get more not permit the agency to do it, because you can save 2,000 lives. Now, the Sen- lives saved per value committed, I it says that unless the benefit is non- ator is going to say and has said, well, think we would want to be able to do quantifiable—nonquantifiable—you that is nonquantifiable and therefore it that. cannot go to anything but the least is subject to this exception, to the Mr. LEVIN. I think so, too. costly. least cost approach because the value Mr. ASHCROFT. My sense is that if Mr. JOHNSTON. Will the Senator of a life cannot be quantified. it is a different benefit—— yield on that point? First of all, agencies do quantify it, Mr. LEVIN. The number is different. Mr. LEVIN. So we have urged the but, second, in my hypothetical I have If the Senator says a different benefit, sponsors to strike the word ‘‘nonquan- quantified it precisely and that is the the number is different. It is twice as tifiable’’ before ‘‘benefit.’’ When the way the agencies read this language. large. word ‘‘benefit’’ is defined earlier in the So we can sit here all day and debate Mr. ASHCROFT. That is correct. And statute, it says ‘‘quantifiable or non- as to whether or not, when you have it seems to me that means this bill quantifiable.’’ But in this exception to 1,000 lives as a quantified benefit, that should be driving that—that if the the requirement for least cost, the lim- is quantified or nonquantified since for number is different, it is a different itation of nonquantifiable is before the many of us the value of a life cannot be benefit, and we should get to that num- word ‘‘benefit.’’ In my hypothetical, I quantified. ber the cheapest way possible. In get- have given a quantifiable benefit, 1,000 Mr. ASHCROFT. Will the Senator ting to any other number, the cheapest versus 2,000 and $100 million versus $110 yield? way possible should be our objective. If million. Then the agencies read this Mr. LEVIN. But the agencies read it we decide to save 120,000 lives, there is and I read this as being a quantifiable this way, and I think it should be clari- a cheapest way to get there. And if we benefit, thereby not subject to the ex- fied. want to save 100,000 lives, there is a ception. I will be happy to yield for a ques- cheapest way to get there. And it The Senator from Louisiana has ar- tion. seems to me, since those are different gued that that is a nonquantifiable Mr. ASHCROFT. Will the Senator benefits, the Dole-Johnston proposal benefit because you cannot quantify say that the benefit is the same benefit would allow us to get to those benefits the value of a human life. Even if that if 100,000 lives are saved or if 200,000 by the cheapest strategy. were conceded, the problem is that the lives are saved? Mr. LEVIN. I think I would agree benefit that we are quantifying here is Mr. LEVIN. No. with the Senator that we ought to try the number of human lives, and agen- Mr. ASHCROFT. It is a different ben- to have a cost-benefit in what we do. cies read that as a quantifiable benefit. efit. The problem is that when we legislate, I happen to think the intention of the Mr. LEVIN. I would say a different we do not say save 1,000 lives or we do sponsors is that you are or should be benefit, both quantified but they are not say save 2,000 lives. What we say is allowed to go to something more ex- different. that the agency should regulate emis- pensive than the least costly. That is Mr. ASHCROFT. Both quantified. sion of a certain element going into the what they keep telling us. But the lan- And the cheapest 200,000 lives would be air in order to achieve a safe level. And guage remains restricted in that way, a separate calculation. then we give to the agencies typically, and that is what I am addressing. It seems to me, if those are different because we do not know here precisely Mr. JOHNSTON. Will the Senator benefits, the agency would not be re- what that safe level is frequently, some yield? quired then to employ the so-called discretion. And then the agency is told Mr. LEVIN. I will be happy to. cheapest but could employ, it could to do a cost-benefit analysis. Mr. JOHNSTON. If we struck that employ the benefit for the greater sav- That is our requirement in this bill, word ‘‘nonquantifiable,’’ I take it, it ings because it is a different benefit to do a cost-benefit analysis. Now the would solve the Senator’s problem? and the calculation would be the agency says—and this is my hypo- Mr. LEVIN. It would solve that par- cheapest for that different benefit. thetical—the agency cost-benefit anal- ticular problem in the criteria. That is Mr. LEVIN. I would think the agency ysis says, for 100 million bucks, you are one of three problems, and it would should be able to do it, but under this going to save 1,000 lives. If you want to solve that problem. language the only exception, certain spend $110 million, you are going to Mr. JOHNSTON. If the Senator will exception to the requirement is to take save 2,000 lives. yield the floor, I am prepared to offer the least costly approach. And you can Mr. ASHCROFT. You are doing some- such an amendment. only do it where it is a nonquantifiable thing else; you are doing something Mr. LEVIN. I am not prepared to benefit, and I think the Senator would different. yield the floor. I will yield in about 10 agree with me this is a quantifiable Mr. LEVIN. If the Senator will yield, minutes. benefit. that is what the cost-benefit analysis Mr. JOHNSTON. All right. I have an Mr. ASHCROFT. That is right. But describes to the agency doing that amendment prepared to that effect. since it is a different benefit, it is a dif- analysis. The point is, will you allow Mr. LEVIN. I would like to finish my ferent calculation. It seems to me that the agency, using that cost-benefit statement, and then I will be happy to if the benefit is different, that if the analysis, to go to the $110 million in- yield. I want to commend the Senator

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10194 CONGRESSIONAL RECORD — SENATE July 18, 1995 for that change which has been the tion is the requirement in the bill that And that is why, when we were consid- subject of about a day’s debate here. an agency consider and do a cost-ben- ering the Nunn-Coverdell amendment, I There is another criterion, so-called efit analysis on every reasonable alter- noticed that I thought this was going decisional criterion, in Dole-Johnston native presented to them. This is not to hurt small businesses and small gov- which is that the regulation must re- limited to a significant number of rea- ernments because they are going to sult in a significant reduction in risk. sonable alternatives. The agency is re- lose the opportunity of learning about That is another hurdle that the agency quired to respond and do a cost-benefit the impact of a rule from rulemaking has to go through before an agency is analysis for every reasonable alter- so that they can challenge those crit- allowed to regulate. This one does not native for regulation, and this is all ical issues after the final rule is adopt- make sense either. subject to judicial review. ed. What if an agency can reduce the What does that mean? Say an agency They are given an opportunity to risk for very little money but cannot is issuing a rule to establish a health challenge it early when there is a pre- prove that it is a significant reduction or safety standard for a toxic substance liminary notice, but unless they take in the risk? Should an agency be able in drinking water. They are looking that interlocutory approach, they are to regulate if there is a reduction in at—I am making up a substance, a then foreclosed from appealing at the the risk to our safety or our food or the number here—the agency is looking in end of the process, after they know the environment which may be not a sig- the range of 12 parts per billion of a facts upon which they can make the nificant reduction but is a reduction certain substance. What happens if appeal. We are not doing a favor to and is worth doing on a cost-benefit somebody suggests 111⁄2 parts per bil- small businesses when we are doing basis because the cost is so slight that lion; someone else suggests 121⁄2 parts that. even though the benefit is not major, per billion; someone else suggests 11 On the other hand, if we allow them nonetheless it is justified? parts per billion; someone else 13 parts both at the beginning and the end, then Dole-Johnston would establish a per billion? Each of these, let us as- you are going to have excessive litiga- whole new standard and would require sume, the agency considers to be a rea- tion and two bites at the apple. So the the agencies to show that the reduc- sonable alternative. Under Dole-John- alternative that the Administrative tion in risk is significant, even though ston, that requires the agency to con- Procedure Act used all these years is to the cost might be minimal. sider and do a cost-benefit analysis on say you can appeal these decisions at The Department of Transportation each of these possibilities. That anal- the end of the rulemaking process. But has informed us that if they had to ysis would then be subject to judicial what this bill does for the first time is meet this test when regulating for review to see why the agency did not creates this interlocutory appeal early shoulder belts or for lap belts for the pick one of those other reasonable al- in the rulemaking process, thinking we back seat, that they may not have been ternatives. It is endless. are doing a favor for small businesses able to have met that test. The shoul- Another aspect, a judicial review and small governments and, in fact, we der belt lessens the risk by 10 percent problem of Dole-Johnston is the fact are not doing so at all. over the reduction in the risk for the that the bill allows for interlocutory Now, another consideration is the lap belt, and they are not confident appeals of an agency’s determination strong concern by the Justice Depart- that would meet the test for signifi- as to whether or not a rule is major, ment that the court will entertain re- cant. But the cost may be so nominal whether or not it should be subject to quests by a party bringing an inter- that they may decide it is worth doing a risk assessment, whether or not it locutory appeal to suspend the rule- anyway, although the benefit is not a should be subject to a regulatory flexi- making during the court’s consider- major benefit. bility analysis. So there is another problem with the This is unprecedented in 50 years of ation of the appeal. That is a logical decisional criteria which can be ad- the Administrative Procedure Act. We request; we are making an interlocu- dressed by striking that word so that have not had interlocutory appeals tory appeal early in the rulemaking the cost-benefit analysis will be driv- under the Administrative Procedure and suspending the rulemaking pend- ing this, even if the benefit is modest, Act. This is the opportunity to go to ing the appeal. Although it is not ex- where the cost is far more modest. the court and have judicial review of pressly permitted by the legislation, it Another problem with Dole-Johnston an agency action before the action is is not expressly prohibited either. is that each of the decisional criteria taken, before it is finalized. Should the courts begin granting these that they set forth—and we have dis- In this case, that means that after an delays, months, and perhaps years, cussed two of them here—establishes agency has issued a notice of proposed would be added to the rulemaking proc- another basis for legal challenge. Each rulemaking, a party—it is not clear ess. of these criteria forms the basis for ju- what level of standing would be re- The Glenn-Chafee substitute permits dicial review and judicial second-guess- quired by a party in order to bring an judicial review of an agency’s deter- ing of the agency’s rulemaking deci- interlocutory appeal—but a party to mination as to whether or not a rule is sion. the notice of rulemaking may take the major, but that occurs after the final For instance, if the agency decides agency to court within 60 days to chal- rule is issued. The knowledge that a benefits justify the cost, did the agency lenge the agency’s preliminary deci- rule can be challenged at the end on pick a rule that provides for market- sion that a rule is not major, does not that basis will make an agency proceed based and performance-based stand- need a risk assessment, does not need a with its determination very carefully. ards? Did the agency pick a rule that regulatory flexibility analysis. It is an important deterrent, knowing was least costly? Were there any other When a rulemaking is at its early that its decision on that issue and a alternatives slightly less costly? Does stages, the public is expected to make number of other issues are subject to the rule provide for significant reduc- comments to the agency about the im- appeal at the end of the process. tion in risk? What is significant? Was pact of the rule. It may be that during Another problem with the judicial re- the agency right in valuing the risk re- the rulemaking process, the agency is view in the Dole-Johnston substitute is duction as significant? presented with new and sufficient evi- the change that it makes to section 706 The litigation that is possible with dence for the agency to decide that in- of the Administrative Procedure Act. these decisional criteria is almost end- deed the rule is a major rule, or is one That is another big difference in these less. The whole judicial review problem that does require a risk assessment, or two pieces of legislation. The Dole- with Dole-Johnston is another major one that does require regulatory flexi- Johnston bill not only establishes re- issue of concern, and we have spent bility analysis. But with the interlocu- quirements for cost-benefit analysis, some time discussing this with the tory appeal, if a party did not chal- risk assessment, and for major rule- sponsors, both on and off the floor. lenge the agency at the beginning of a making, but it also rewrites the Ad- We believe, based on what agencies rulemaking, it is foreclosed from rais- ministrative Procedure Act, which ap- tell us, that courts would be asked to ing a challenge at the end of the rule- plies to all rulemaking, and, in doing interpret over 100 different issues. One making, regardless of what is learned so, rewrites almost 50 years of case massive golden opportunity for litiga- during the actual rulemaking process. law.

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10195 With respect to judicial review, the and then reviewed within 3 years, we Finally, if you can get through that, Dole-Johnston substitute adds a new are right back where we were when the if you can get through that whole standard for judicial review of an agen- original S. 343 was introduced, by hav- bunch of roadblocks and hurdles, when cy’s rulemaking. For 50 years, the ing agency priorities dictated by out- you are ready to start to implement standard has been arbitrary and capri- side parties. Moreover, the bill allows the schedule, a new 5-year trigger be- cious for informal rulemaking and sub- an outside party to petition to place a gins. You have to start all over again. major rule on the schedule of rules to stantial evidence for formal rule- This is one of the reasons why we say be reviewed, even if the agency is al- making. The Dole-Johnston substitute that this approach is too cumbersome adds a third—substantial support in ready included in the schedule. So even and that we will swamp the regulatory the rulemaking file for the factual though the agency has included a rule process instead of simplify it, and in- basis of an informal rulemaking. on the schedule to be reviewed, an out- Now, I do not know the difference be- side party could petition the agency to stead of eliminating the pieces of it tween substantial support and substan- include it on the schedule to be re- which are driving folks nuts. tial evidence. But I do know it will be viewed. Why? Because that way it gets There is broad agreement in this a greatly litigated issue. It may make an earlier review. The agency may body that we have overregulated, that great business for the legal commu- have said we are going to review it in too often we have imposed costs with- nity, but otherwise, it is going to be the fourth, fifth, or seventh year, and a out adequate benefits, that we ought to doing nothing but producing mischief. party not satisfied with that, even require cost-benefit analysis and risk I have been advised that some judges though the rule it is worried about is assessment, that we ought to look back have stated there is very little dif- already on the petition, is nonetheless at existing rules. I do not think there ference between the substantial evi- going to ask that it be put it on the are two Members of this body that do dence and the arbitrary and capricious schedule anyway, because when it not agree with those principles. test. Other courts have articulated a wins—and it will win because, by defi- The problem is whether or not we can difference, concluding that the arbi- nition, the agency would concur with implement this in a way which will trary and capricious test is more def- it—this time the party will get its rule allow agencies to breathe, so they can erential to agency decisionmaking. reviewed within 3 years. carry on their functions of preserving Now, the Dole-Johnston substitute Now, what that means is hundreds of the health, safety and welfare of this would add a whole new test, and briefs people in each agency, having an inter- Nation, where we want them to do it. will be filed and cases developed, split- est in rules, every 5 years is going to be Can we strip away from them the ex- ting the hairs between substantial sup- jockeying for where on a schedule of cess, without dumping on them such port and substantial evidence. Of review its rule is going to be, and that impossible tasks that we are going to course, the difference between both is is judicially reviewable. arbitrary and capricious. We should Now, mind you, it can take up to 10 tangle up the process so that nothing not do it. There is no reason given here years to review the rules on that sched- can get done, and benefit nobody. to do it. We are adding a new test with- ule. But every 5 years every agency— We have businesses that want these out any clarity. It is the difference be- many of them with hundreds of rules rules to be reviewed. I think most tween that test and the one currently and thousands of petitioners—is going Members in this body want to review applied in the Administrative Proce- to have to adopt a schedule, and the existing rules according to new stand- dure Act. We are not doing anybody schedule is judicially reviewable. It ards, but we have to do it in a way that who has to live in that regulatory proc- probably would take 5 years just to re- works; otherwise we can vote aye and ess a favor by doing that. view the petition and the judicial ap- think we are doing something good for Now, another serious problem with peals of people jockeying for support our society, and end up creating a mon- the Dole-Johnston substitute is the for where on a schedule their rule is ster. provision on how existing rules are to going to be reviewed. Every denial of a petition to be on be reviewed, or lookback, as many of Finally, we get through all the ap- the schedule is subject to judicial re- us call it. Now, lookback is important. peals, if the courts can figure all this view. Then we have 60 days after publi- It is important because we want rules out. Hundreds of petitioners, hundreds cation of a final schedule to sue, to that have been in existence for years of rules, each agency, the 5 years have the court review the appropriate- and which have gone unchallenged, but comes and what happens? Presumably, ness of the schedules as a whole, or the which may be causing serious prob- you would think the agency would denial of an individual petition to lems, to be reviewed under the new have 10 years in which to find and im- place a major rule on the schedule. standards and the requirements of reg- plement the schedule. No, every 5 years ulatory reform. But how we do that is they have to issue a new schedule. All of these cases, in all of these very important. Right in the middle of a 10-year review agencies, are supposed to be heard in a The Dole-Johnston substitute estab- period they have to issue a new sched- circuit court of appeals for the District lishes a process by which, every 5 ule which is subject to judicial review. of Columbia, and they all have to be years, each agency reissues a schedule This is a prescription for regulatory filed in the same timeframe. The court for the review of rules. A rule, once put hash. This is going to be nothing but a of appeals will have to review all these on the schedule, is to be reviewed with- litigious mess with this kind of a sys- schedules and all these petition denials in 10 years. However, Dole-Johnston tem. in about the same time. permits a private party to petition to We are not doing people a favor who Now, additionally, Mr. President— have a major rule added to the sched- are now bedeviled by a regulatory proc- and I am almost done—there are seri- ule for review, and if it is, then that ess, who are now wasting a fortune in ous problems with the multiple peti- complying with rules that we should major rule must be reviewed within 3 tions that are permitted by this legis- not have adopted; that now we are in years. The 10-year review cycle for lation. The Dole-Johnston bill adds court all the time challenging agen- these added rules is telescoped to with- several new things that you can ask an cies, by adopting a system which says in the next 3 years. agency to do within a certain time pe- S. 343, as originally introduced, was that we will review rules, where on the riod and have a denial subject to judi- severely criticized because, through schedule they go. It is all subject to cial review. Current law allows peti- the use of multiple petitions—that is, litigation. Anybody can challenge it. If tions to an agency at any time for the request the agencies to take certain ac- it is not on the schedule, that is sub- issuance, amendment, or repeal of a tions—outside parties would be able to ject to litigation. rule. That is under current law. control the priorities of a Federal Every agency has its own schedule. agency and divert and direct Federal There could be hundreds of rules that So if you ask an agency to issue a resources. While an attempt has been an agency is implementing. That is not rule, amend a rule or repeal a rule, you made to address that problem, it still an unusual number. There could be can file a petition, but there is no dead- remains. thousands of people who are interested line in current law by which an agency By allowing persons to petition to in those rules who would have standing has to respond. If an agency does not get major rules added to the schedule to challenge that schedule. respond to that request, a petitioner

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10196 CONGRESSIONAL RECORD — SENATE July 18, 1995 can go to court and force the agency to They have to do a much better job. for the review of rules is being consid- respond to the petition, if the agency This will overwhelm an agency by pro- ered. The schedule is issued every 5 fails to do so. viding court appeals, following dead- years, and rules on the schedule are to Now, that is current law. So there is lines, even where there is a response, be reviewed within 10 years, as we have an opportunity to go to court in that because the response is subject to judi- said, with the possibility of a couple of narrow area where an agency fails to cial review. years’ extension. respond to a petition for the issuance, Now, there are two additional oppor- However, if a petitioner is successful, amendment, or repeal of a rule. tunities, in addition to what I have the Dole-Johnston substitute provides The Dole-Johnston substitute ex- just said, that Dole-Johnston makes that the review of the petitioned rule pands current law on petitions by add- available to people who are making re- gets bumped up to the first 3 years of ing to the Administrative Procedure quests of rulemaking agencies. the 10-year period. So any rule that is Act two additional purposes for which Any interested person can petition added to the schedule by petition must an interested person can petition an an agency under Dole-Johnston to re- be reviewed, not within 10 years, but agency. You can ask for the amend- view a risk assessment, other than a within 3 years. And, if it succeeds, it ment or repeal of an interpretive rule, risk assessment that is used for a then bumps a rule that was already or the amendment or repeal of a gen- major rule. The agency must act with- eral statement of policy or guidance. within that 3-year period, presumably, in 180 days under that petition and the since there are a finite number of rules You can ask for the interpretation re- agency denial of the petition would be garding the meaning of a rule or the that can be reviewed within a 3-year judicially reviewable as a final agency period. meaning of an interpretive rule or gen- action. eral statement of policy or guidance. Also, any person subject to a major So you are going to have all the jock- Whereas, under current law if you rule can petition an agency to modify eying and all the petitions filed in the ask for the issuance, amendment, or re- or waive specific requirements of the court in order to try to get a position peal of a rule, and the failure to re- major rule and authorize such person on the schedule which is high up. And spond is subject to a court interven- to demonstrate compliance through al- if one fails, then there is a petition to tion, under the Dole-Johnston sub- ternative means not otherwise per- get on the schedule so that you can get stitute, if you ask an agency to amend mitted by the major rule. The agency a higher position. Once the final sched- or repeal or interpret an interpretive must act on that petition within 180 ule for each agency is published, again, rule, general statement of policy or days. parties will have 60 days to file suit guidance, that also, now, becomes sub- Now, while there appears to be no ju- and suit can be brought to challenge ject to judicial review. dicial review of any agency action with the denial of being on the schedule. Or Agencies do a lot more than issue respect to this latter petition process, even in the event that you are on the rules. They issue guidance all the time, nonetheless, given the number of peo- schedule, again, you can bring a suit in interpretations all the time, state- ple who are subject to major rules, an order to improve your position. ments of policy all the time, probably agency could be flooded with petitions Mr. President, let me conclude by by the thousands, in order to help peo- for alternative means of compliance, saying this. The Dole-Johnston sub- ple understand and work through a each of which would have to be re- stitute simply goes too far. In its effort complicated regulatory system. sponded to within 180 days. to reform it will swamp the very proc- Under Dole-Johnston all of that—I do A big part of the legislation which all ess that it sets out to repair. It is not not know and no one knows how many of us are working on, and some of us reform, it is bureaucratic overload. It thousands, tens of thousands, or hun- are struggling with, is to get agencies is like throwing a bucket of water to a dreds of thousands of requests there to prioritize their regulatory activity drowning person instead of a rope. The are for interpretation and guidance so that we are putting Government re- Glenn-Chafee proposal, that we will be that are filed with these agencies each sources on the most important risks, considering later on today and voting year; we do not know—will now be sub- the most important dangers, and not ject to deadlines and to judicial review. on, embodies the bill passed by the spending excessive time and effort with That is the block that we are super- Governmental Affairs Committee. It is less significant matters. Opening each imposing on this regulatory process. reform, it is not overload. We simply The agency can either deny or grant and every agency to their responsi- must do two things and can do two those requests for all of that material bility to not only respond but to defend things. We can have reform of the regu- within 18 months. Judicial review is against hundreds, probably thousands latory process, but we can do it in a immediate upon a denial. This, again, of new kinds of petitions for specific way that does not jeopardize important is going to dramatically change an regulatory actions, takes us in the op- health, safety, and environmental pro- agency’s control over its priorities and posite direction. The Dole-Johnston tections which have improved our lives its resources. Agencies can just simply substitute tries to address it by pro- in America. be overwhelmed—and I emphasize, this viding for a consolidation of some of We want to be able to trust the water is new. The ability to submit a request the petitions that are permitted in the we drink and the food that we eat and is not new. They have been asked for a bill, and for the judicial review of those the air that we breathe and the planes decade. What is new is that now all petitions. But that is only for petitions that we fly and the bridges that we these requests for guidance and inter- relating to major rules. Petitions re- cross. And we can have that. We can pretation are now going to be subject lated to nonmajor rules are treated the avoid regulatory excess. And the way to deadlines and court review. That is same as the original Dole bill and can to do that is to adopt the Glenn-Chafee what is new, massively new, over- be made at any time and as often as substitute. people like. whelmingly new. Mr. President, I yield the floor. We should be trying to downsize Gov- Dole-Johnston provides a procedure ernment, not swamp it. We should not for the review of existing rules. Each The PRESIDING OFFICER (Mr. let the agencies become total victims agency would be required to issue a INHOFE). The Senator from Rhode Is- of random and multiple tugs and pulls proposed schedule for the review of land. from either individuals or interests rules which can contain major and Mr. CHAFEE. Mr. President, the that have special axes to grind. nonmajor rules. Those schedules would amendment I am offering with Senator Agencies also have a national pur- be subject to public notice and com- GLENN and many of our other col- pose to be achieved. They have not ment. Private persons can also petition leagues is a solid proposal for regu- done an adequate job of responding to an agency to add a major rule to the latory reform. The purpose of regu- individuals. Everyone in our office schedule. A petitioner has to show that latory reform legislation is to improve spends too much time trying to force the rule is major and that there is a the quality of the regulations that are agencies to respond to our constitu- substantial likelihood that it does not issued by the Federal agencies. That is ents—sometimes just to respond, much meet the decisional criteria in the bill. what we are trying for. What we want less to respond fairly or in an appro- All the petitions must be filed within a to do is to weed out the bad rules, the priate way. limited time period while the schedule rules that do not make sense. We want

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10197 the science and the economics used to many more benefits. You are locked in ess. If even a small minority of the design rules to be of the best quality. at the lowest cost, and that is not Members of this body want reconsider- And we want rules with flexibility good. ation of a particular rule, it will be built in, to make the compliance bur- It does not allow Federal judges to easy enough to ensure that a vote on den as small as possible. second-guess the complex data, as- the resolution occurs. I believe the Glenn-Chafee substitute sumptions, and calculations that are Now, I am currently serving as chair- accomplishes many reforms. Let us developed through risk assessment to man of the Environment and Public tick a few off. It requires a cost-benefit support a rule. The judges cannot go Works Committee, and I have some analysis for every major rule. It re- fishing back into all of that. concern about the workload that this quires agencies to select the most cost It does not automatically sunset ex- so-called reform will create, having effective option that achieves the goals isting rules because an agency did not coming before us between 500 and 1,000 establish by the law. It requires agen- have the resources to carry out a re- rules every year. But this is real re- cies to select regulatory options that view ordered by a court. form. I expect we will be voting on provide the greatest flexibility for It does not waste millions and mil- many resolutions and many times will compliance and recognize the compli- lions of taxpayers’ dollars on studies force agencies to reconsider their rules. ance difficulties faced by small busi- and assessments and lawsuits for minor If a bad rule gets through, we will have nesses and towns, small towns. It re- rules. no one to blame but ourselves here in quires rules with costs that are greater And it does not delay for months, Congress; we let it happen. We can stop than the benefits to be identified be- even years, needed and justifiable rules bad rules under the reform provisions fore they are promulgated. It requires to protect health and safety and the that are contained in the Glenn-Chafee OMB to review the cost-benefit studies environment while endless rounds of amendment. Once Congress has this in an open process that gives access to review are conducted to ensure that veto mechanism in place, judicial re- all those with an interest. It estab- rules meet a standard of near perfec- view will become less important as a lishes expedited procedures for Con- tion. method to weed out bad rules. Courts gress to review major rules before they Senator GLENN has many times sug- will be reluctant to overturn a rule become effective, so that poorly drawn gested a two-part test for the Senate to that has been issued by the executive rules with unjustified costs can be use in comparing these two bills. I rec- branch and cleared in an expedited stopped. That is the 60-day review proc- ommend to my colleagues that they fashion in Congress. ess that we have. It includes clear prin- pay attention to these two points. The Glenn-Chafee amendment will ciples for risk assessment. It requires First, would the bill produce better bring significant changes to the regu- each agency to establish a peer review rules, rules that are more cost effective latory process. process, ensuring that the science used and have a foundation in good science I do not think the underlying John- to make important determinations is and economics? ston substitute passes the two-part test the best available. It requires agencies Second, does the bill threaten to un- that Senator GLENN has outlined. I am to develop an agenda to review existing dermine the health, safety and environ- concerned that it may prevent timely rules and to repeal rules that are no mental protection that has been action to protect human health and longer needed or that cost too much. achieved by the laws we have enacted safety and the environment. I know It gives courts authority to enforce over the past 25 years? that is not what the authors intended, the review requirements of the Regu- We want reform without a rollback. but I believe it will have this result. latory Flexibility Act, ensuring that That is the test. The reforms are so far-reaching they rules affecting small businesses and The Glenn-Chafee amendment passes could paralyze the Federal agencies. small towns recognize their compliance that test. It incorporates all the sig- That is what Senator LEVIN has been problems. And it requires agencies to nificant reforms that the Senate adopt- talking about. It is very difficult to reexamine budgetary and enforcement ed in 1982 when we considered, on this issue a significant rule to protect priorities and to modify programs to floor, S. 1080. That was a splendid piece human health or the environment even maximize the reduction in risks to of legislation. It was acclaimed by all under the procedures in place today. health and to the environment. as a thoroughgoing reform. In addition With the new hurdles erected by the OK, it does all of those things. These to the provisions of cost-benefit anal- substitute, S. 343, it could well become are important steps that will improve ysis and congressional veto that were impossible to get a rule enacted. the quality and reduce the compliance included in S. 1080, the Glenn-Chafee Now, Mr. President, last week the burden of Federal regulations. Some amendment has new principles for risk senior Senator from Illinois described people have said, ‘‘Oh, the Glenn- assessment, an agenda to review exist- the experience his State had with cost- Chafee bill is just status quo. It just re- ing regulations and steps to realign benefit analysis. Illinois passed a law peats what we have now.’’ That is abso- priorities based on risk. It goes well be- in 1978 with cost-benefit provisions lutely not so, as he have delineated in yond S. 1080. similar to those in this Johnston sub- the prior points. Now, these are impor- S. 1080 was adopted on the floor of stitute. The Illinois law did not work. tant steps that will improve the qual- this Senate 93 to nothing. I suspect the It was repealed. Everybody in Illinois ity and reduce the compliance burden distinguished senior Senator from Lou- that had any experience with their of Federal regulations. I am confident isiana voted for it. He certainly did not cost-benefit law will tell you it just that these steps can be taken without vote against it. Maybe he was not plain does not work. undermining our environmental or present, but he has a good attendance You do not have to go to Illinois to health laws. record so I suspect he voted for that learn about the experience with cost- But there are several other things, bill. It was good enough in 1982. benefit analysis. We had that experi- so-called reforms, that this bill does The Glenn-Chafee amendment would ence here with the Federal law. We not have. And they are not reforms at catch poorly drawn or costly rules. have one environmental law, the Toxic all, they are steps backward. Cost-benefit analysis is required of Substances Control Act. This is called It does not include extensive special major rules. Courts can enforce this re- TSCA. That contains many of the same interest petitions to force endless quirement. OMB is to oversee the prep- procedures that are set forth in the un- rounds of review for every new and ex- aration of these cost-benefit studies. derlying substitute. isting rule, risk assessment, and en- The information on the costs and bene- So we have been down this road be- forcement action taken by an agency. fits of each rule will be sent to Con- fore. Now, Yogi Berra said you can see That is what Senator LEVIN was talk- gress, lay over there for 60 days before a lot by looking, and you can see a lot ing about. a rule becomes effective. Congress can by looking. We can learn a lot from It does not direct agencies to pick veto the rule. this so-called TSCA experience. The the least costly action a statute al- From the debate on this issue it ap- lawyers who wrote this bill that is be- lows. Under the least cost approach an pears that Congress may well receive fore us now, the Johnston substitute, agency can not go for a slightly more between 500 and 1,000 rules every year must have used this TSCA experience expensive approach that will produce under this congressional review proc- and the TSCA law as a model. TSCA is

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10198 CONGRESSIONAL RECORD — SENATE July 18, 1995 a cost-benefit statute. To issue a rule regulatory alternatives because it only EXHIBIT 1 under TSCA, EPA must determine that did cost estimates on five options, not CORROSION PROOF FITTINGS, ET AL., PETI- the benefits of the rule justify the all of the possible options. The court TIONERS, v. THE ENVIRONMENTAL PROTEC- costs. said EPA had not satisfied the require- TION AGENCY AND WILLIAM K. REILLY, AD- Under TSCA, EPA is required to im- MINISTRATOR, RESPONDENTS ment that it impose the least burden- No. 89–4596. pose the least burdensome regulation, some option because it had not pre- just like the Johnston bill does. TSCA United States Court of Appeals, Fifth Cir- sented any evidence the least burden- cuit, Oct. 18, 1991. requires that all of the available regu- some option was among the five consid- On Motion for Clarification Nov. 15, 1991. latory options be considered to deter- ered. Rehearing Denied Nov. 27, 1991. mine which is the least burdensome. Petition was filed for review of final rule Now, this is an important illustra- One could almost conclude that those promulgated by Environmental Protection tion, Mr. President. We have been down who drafted the regulatory reform bill Agency (EPA) under Toxic Substances Con- this road before. We have something before the Senate—in other words, the trol Act section prohibiting future manufac- ture, importation, processing, and distribu- actually before us that is nearly ex- Johnston substitute—did so with the tion of asbestos in almost all products. The actly the same as the Johnston sub- Fifth Circuit Court’s ruling in mind. Court of Appeals, Jerry E. Smith, Circuit stitute, the so-called Toxic Substances Every hurdle that has made TSCA a Judge, held that: (1) foreign entities lacked Control Act. How did it work? useless law to protect health and envi- standing under Act to challenge rule; (2) EPA, under this TSCA bill, is re- ronment is rolled up in this bill before EPA failed to give required notice to public, quired to produce substantial evidence before conclusion of hearings, that it in- us today. It applies across all of our tended to use ‘‘analogous exposure’’ data to in the record to support its rulemaking health and our safety and our environ- determination. That is what the John- calculate expected benefits of product bans; mental statutes. No wonder the admin- ston substitute requires. and (3) EPA failed to give adequate weight to statutory language requiring it to promul- Now, when it was enacted in 1976, istration says it will veto the Johnston bill if it passes. gate least burdensome, reasonable regula- many in Congress claimed that TSCA tion required to protect environment ade- would become the most powerful of all Mr. President, if the Senate will be quately. the environmental statutes. It appears guided by the two questions Senator The Environmental Protection Agency to authorize EPA to regulate virtually GLENN set out—first; will real reform (EPA) issued a final rule under section 6 of any chemical in commerce, for any ad- occur; and, second; will environmental the Toxic Substances Control Act (TSCA) to verse effect, in any environmental me- prohibit the future manufacture, importa- laws be protected or will they be under- tion, processing, and distribution of asbestos dium, in products and in the work- mined—only one of the two proposals in almost all products. Petitioners claim place. TSCA was to be the law that in- before us today passes that muster. that the EPA’s rulemaking procedure was tegrated all our environmental goals The Glenn-Chafee amendment contains flawed and that the rule was not promul- under one umbrella. a series of steps that will improve the gated on the basis of substantial evidence. However, TSCA has been a disaster. Certain petitioners and amici curiae contend quality and reduce the burden of Fed- EPA has only attempted one major that the EPA rule is invalid because it con- regulatory action since TSCA was eral regulations. It does so without flicts with international trade agreements passed nearly 20 years ago. EPA threatening to undermine our environ- and may have adverse economic effects on worked on that one rule for 10 years. It mental and safety laws. Canada and other foreign countries. Because the EPA failed to muster substantial evi- reviewed hundreds of health studies, The other bill may be described by dence to support its rule, we remand this spent millions of dollars reviewing the Senator JOHNSTON as a tougher reform matter to the EPA for further consideration comments and the data from the indus- bill. No doubt more rules will be in light of this opinion. tries to be regulated. The rule was blocked by that bill. Under that bill, it I issued after 10 years, and it was imme- could well result that Federal regu- Facts and Procedural History diately challenged in court under the latory agencies would be brought to a Asbestos is a naturally occurring fibrous special judicial review standards that virtual standstill. That is what I am material that resists fire and most solvents. apply to TSCA, which are the same Its major uses include heat-resistant confident will happen if this bill should standards that would be imposed on all insulators, cements, building materials, fire- ever become law, which fortunately has laws under the Johnston amendment. proof gloves and clothing, and motor vehicle So we have been down this track. Now, a slim chance of occurring. brake linings. Asbestos is a toxic material, But that is not the goal of regulatory and occupational exposure to asbestos dust what happens? The rule was overturned can result in mesothelioma, asbestosis, and by the Fifth Circuit Court of Appeals. reform, to have the whole regulatory lung cancer. I ask unanimous consent, Mr. Presi- process of our Federal Government The EPA began these proceedings in 1979, dent, that the opinion of the court be brought to a halt. I am sure Senator when it issued an Advanced Notice of Pro- printed in the RECORD after my com- JOHNSTON and proponents of his bill be- posed Rulemaking announcing its intent to ments this morning. lieve setting high standards for regula- explore the use of TSCA ‘‘to reduce the risk The PRESIDING OFFICER. Without to human health posed by exposure to asbes- tions will get better rules. But in mak- tos.’’ See 54 Fed. Reg. 29,460 (1989). While objection, it is so ordered. ing the hurdle too high, so high that (See exhibit 1.) these proceedings were pending, other agen- needed rules, rules that are fully justi- cies continued their regulations of asbestos Mr. CHAFEE. The reason the court fied by their benefits, can never reach uses, in particular the Occupational Safety gave for vacating the rule was the fail- the level of perfection that is de- and Health Administration (OSHA), which in ure of EPA to provide substantial evi- 1983 and 1984 involved itself with lowering dence in the record to support its ac- manded, they are blocked by endless standards for workplace asbestos exposure.1 tions. You did not do enough, they rounds of review. An EPA-appointed panel reviewed over one said. While those on the other side may hundred studies of asbestos and conducted several public meetings. Based upon its stud- The substantial evidence test does charge that the Glenn-Chafee amend- not apply to any other environmental ies and the public comments, the EPA con- ment achieves only modest improve- cluded that asbestos is a potential car- laws, only to TSCA, and the only rule ment in regulations, I fear that the un- cinogen at all levels of exposure, regardless ever attempted under TSCA was over- derlying substitute may result in no of the type of asbestos or the size of the turned by the courts because EPA did health and environmental regulations fiber. The EPA concluded in 1986 that expo- not meet a test, a test that under the at all. If that is the objective, fine. If sure to asbestos ‘‘poses an unreasonable risk Johnston amendment would apply to to human health’’ and thus proposed at least the objective is we do not want any four regulatory options for prohibiting or re- all our environmental laws. rules, and apparently we are going to Reading the decision, one gets the stricting the use of asbestos, including a pass everything in infinite detail in the impression that even if EPA had passed mixed ban and phase-out of asbestos over ten laws that we pass, that is one thing, years; a two-stage ban of asbestos, depending the substantial evidence test, the rule upon product usage; a three-stage ban on all would have been thrown out on other but certainly, in my judgment, that is not the best course for our Nation. asbestos products leading to a total ban in grounds. The court said that EPA had ten years; and labeling of all products con- not considered a sufficient number of I thank the Chair. taining asbestos. Id at 29,460–61.

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10199 Over the next two years, the EPA updated [3] At issue in this case is a question of pendent entity, fully capable of asserting its its data, receiving further comments, and al- prudential standing, which is of less than own rights. Given the purely national scope lowed cross-examination on the updated doc- constitutional dimensions. The touchstone of TSCA, Cassiar cannot, bootstrap from its uments. In 1989, the EPA issued a final rule of the analysis, therefore, is the statutory vendee simply because it sells asbestos to an prohibiting the manufacture, importation, language used by Congress in conferring American company. Merely inserting a prod- processing, and distribution in commerce of standing upon the general public. Warth v. uct into the stream of commerce is not suffi- most asbestos-containing products. Finding Seldin, 422 U.S. 490, 501, 95 S.Ct. 2197, 2206, 45 cient to confer standing under TSCA. If the that asbestos constituted an unreasonable L.Ed.2d 343 (1975). rule were otherwise, the concept of standing risk to health and the environment, the EPA [4] Only those who come within the ‘‘zone would lose all meaning, for the only parties promulgated a staged ban of most commer- of interests to be protected or regulated by who would not have standing would be those cial uses of asbestos. The EPA estimates the statute’’ have prudential standing to who sell nothing in the United States and that this rule will save either 202 or 148 lives, bring challenges to regulations under the thus are indifferent to federal government depending upon whether the benefits are dis- statute at issue.5 Indeed, when a party’s in- actions. There is no indication that Congress counted, at a cost of approximately $450–800 terests are ‘‘inconsistent with the purposes intended to enact so loose a concept of million, depending upon the price of sub- implicit in the statute,’’ it can ‘‘reasonably standing, and we do not import that intent stitutes. Id. at 29,468. be assumed that Congress [did not] intend[ ] into the act today.7 The rule is to take effect in three stages, to permit the suit.’’ Clarke, 479 U.S. at 399, Hence, Cassiar does not have prudential depending upon the EPA’s assessment of how 107 S.Ct. at 757. standing to bring this claim, because TSCA toxic each substance is and how soon ade- The Canadian petitioners believe that Con- expressly concerns itself with national eco- quate substitutes will be available.2 The rule gress, by granting the right of judicial re- nomic concerns. Cassiar brings forth no evi- allows affected persons one more year at view to ‘‘any person,’’ 15 U.S.C.A. dence that it actually controls, and does not each stage to sell existing stocks of prohib- § 2618(a)(1)(A) (West Supp.1991), meant to con- just deal with, the American vendee. We thus ited products. The rule also imposes labeling fer standing on anyone who could arrange conclude, along the lines of Moses, 778 F.2d at requirements on stage 2 or stage 3 products transportation to the courthouse door. The 271–72, that parties that Congress specifically and allows for exemptions from the rule in actual language of TSCA, however, belies the did not intend to participate in, or benefit certain cases. broad meaning the petitioners attempt to from, an administrative decision have no Section 19(a) of TSCA, 15 U.S.C. § 2618(a), impart to the act, for the EPA was not re- right to challenge the legitimacy of that de- grants interested parties the right to appeal quired to consider the effects on people or cision. a final rule promulgated under section 6(a) entities outside the United States. TSCA [8] We draw support for our holding from directly to this or any other regional circuit provides a laundry list of factors to consider the decision of the EPA to give a similar court of appeals. Pursuant to this section, when promulgating a rule under section 6, construction to TSCA. ‘‘It is settled that petitioners challenge the EPA’s final rule, including ‘‘the effect [of the rule] on the na- courts should give great weight to any rea- claiming that the EPA’s rulemaking proce- tional economy.’’ Id. § 2605(c)(1)(D) (emphasis sonable construction of a regulatory statute dure was flawed and that the rule was not added). International concerns are conspicu- adopted by the agency charged with the en- promulgated based upon substantial evi- ously absent from the statute. forcement of that statute.’’ Investment Co. dence. Some amici curiae also contend that [5] Under the ‘‘zone of interests’’ test, we Inst. v. Camp, 401 U.S. 617, 626–27, 91 S.Ct. the rule is invalid because it conflicts with liberally construe Congressional acts to 1091, 1097, 28 L.Ed.2d 367 (1971). ‘‘Thus, only international trade agreements and may favor a plaintiff’s standing to challenge ad- where congressional intent is pellucide are have adverse economic effects on Canada and ministrative actions. Warth, 422 U.S. at 501, we entitled to reject reasonable administra- other foreign countries. We deal with each of 95 S.Ct. at 2206. This is not to say, however, tive construction of a statute.’’ National these contentions seriatim. that all plaintiffs affected by a regulation or Grain & Feed Ass’n v. OSHA, 886 F.2d 717, 733 II order have standing to sue; ‘‘[i]n cases where (5th Cir. 1989). Standing the plaintiff is not itself the subject of the [9] We find the EPA’s decision to ignore A contested regulatory action, the test denies the international effects of its decision to be Issues Raised Solely by Amici Curiae a right of review if the plaintiff’s interests a rational construction of the statute. Chem- are so marginally related to or inconsistent [1] The EPA argues that the briefs of two ical Mfrs. Ass’n v. Natural Resources Defense with the purposes implicit in the statute of the amici curiae, Quebec and Canada, Council, 470 U.S. 116, 125, 134, 105 S.Ct. 1102, that it cannot reasonably be assumed that should be stricken because they improperly 1107, 1112, 84 L.Ed.2d 90 (1985). Because it is Congress intended to permit the suit.’’ raise arguments not mentioned by any peti- unlikely that these foreign entities were ‘‘in- Clarke, 479 U.S. at 399, 107 S.Ct. at 757. tended [by Congress] to be relied upon to tioner. To the extent that these briefs raise [6] The Canadian petitioners do not have new issues, such as the EPA’s decision not to challenge agency disregard of the law,’’ standing to contest the EPA’s actions. Noth- consider the adverse impacts of the asbestos Clarke, 479 U.S. at 399, 107 S.Ct. at 757 (cita- ing in the statute requires the EPA to con- ban on the development of the economies of tions omitted), we hold that they are outside sider the effects of its actions in areas out- third-world countries, we disregard these ar- the zone of interests encompassed by TSCA side the scope of section 6. TSCA speaks of guments.3 At times, however, the briefs raise and thus lack standing to protest the EPA’s the necessity of cleaning up the national en- variations of arguments also raised by peti- rulemaking.8 vironment and protecting United States tioners. We thus draw on these briefs where III workers but largely is silent concerning the helpful in our consideration of other issues international effects of agency action. Be- Rulemaking Defects properly brought before this court by the cause of this national emphasis, we are re- [10–12] The petitioners allege that the parties. EPA’s rulemaking procedure was flawed. [2] The EPA also asserts that we cannot luctant to ascribe international standing Specifically, the petitioners contend that consider arguments raised by the two amici rights to foreign workers affected by the loss the EPA erred by not cross-examining peti- that relate to the differences in fiber types, of economic sales within this country. We tioner’s witnesses, by not assembling a panel sizes, and manufacturing processes because note that the Supreme Court, using similar of experts on asbestos disease risks, by desig- these differences only are raised by the peti- analysis, recently denied standing rights to nating a hearing officer, rather than an ad- tioners within the context of prohibiting spe- workers only incidentally affected by a post- ministrative law judge (ALJ), to preside at cific friction products, such as sheet gaskets al regulation. Air Courier Conference of Am. v. the hearings on the rule, and by not swearing and roof coating. This is, however, a role American Postal Workers Union, — U.S. ——, in witnesses who testified. Petitioners also that amici are intended to fill: to bridge gaps 111 S.Ct. 913, 112 L.Ed.2d 1125 (1991). Indeed, complain that the EPA did not allow cross- in issues initially and properly raised by par- to ‘‘proceed[] at the behest of interests that examination of some of its witnesses and did ties. Because various petitioners urge argu- coincide only accidentally with [the statu- not notify anyone until after the hearings ments similar to these, we properly can con- tory] goals’’ of TSCA actually may work to were over that it intended to use ‘‘analogous sider these specific issues articulated in the defeat those goals. Hazardous Waste Treat- exposure’’ estimates and a substitute pricing amici briefs.4 ment Council, 861 F.2d at 283. We therefore do not consider the arguments raised by the Ca- assumption to support its rule. Most of these B nadian petitioners. contentions lack merit and are part of the Standing of Foreign Entities Under TSCA [7] Cassiar separately asserts even closer petitioners’ ‘‘protest everything’’ approach,9 The EPA also contends that certain for- contacts with the United States and believes but we address specifically the two EPA ac- eign petitioners and amici do not have stand- that its status as a vendor to an American tions of most concern to us, the failure of ing to contest the EPA’s final rule. In its vendee gives it the right to contest adminis- the EPA to afford cross-examination of its final rulemaking, the EPA decided to ex- trative decisions that affect the economic own witnesses and its failure to provide no- clude foreign effects from its analysis. well-being of the vendee. Some courts recog- tice of the analogous exposure estimates. Cassiar Mining Corporation, a Canadian min- nize that vendors can stand as third parties [13] Administrative agencies acting under ing company that operates an asbestos mine, in the shoes of their vendees in order to con- TSCA are not required to adhere to all of the and the other Canadian petitioners believe test administrative decisions.6 procedural requirements were might require that the EPA erred by not considering the Even if we were to accept this line of rea- of an adjudicative body. See 15 U.S.C. effects of the ban on foreign countries and soning, however, the result would be § 2605(c)(3). In evaluating petitioners’ claims, workers. unavailing. Cassiar’s vendee is an inde- we are guided by our long-held view that an

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10200 CONGRESSIONAL RECORD — SENATE July 18, 1995 agency’s choices concerning its rulemaking be unreliable and the Commission has not ex- standard found in TSCA are different stand- procedures are entitled to great deference, as posed it to the full scrutiny which would en- ards, even in the context of an informal rule- the agencies are ‘‘best situated to determine courage confidence in its accuracy. making.13 Congress specifically went out of how they should allocate their finite re- Id. at 842–43 (citations omitted) (emphasis its way to provide that ‘‘the standard of re- sources.’’ Superior Oil Co. v. FERC, 563 F.2d added). view prescribed by paragraph (2)(E) of sec- 191, 201 (5th Cir. 1977). In short, the EPA should not hold critical tion 706 [of the APA] shall not apply and the [14] Section 19(c)(1)(B)(ii) of TSCA requires analysis in reserve and then use it to justify court shall hold unlawful and set aside such that we hold unlawful any rule promulgated its regulation despite the lack of public com- rule if the court finds that the rule is not where EPA restrictions on cross-examina- ment on the validity of its basis. Failure to supported by substantial evidence in the tion ‘‘precluded disclosure of disputed mate- seek public comment on such an important rulemaking record . . . taken as a whole.’’ 15 rial facts which [were] necessary to a fair de- part of the EPA’s analysis deprived its rule U.S.C. § 2618(c)(1)(B)(i). ‘‘The substantial evi- termination by the Administrator.’’ 15 of the substantial evidence required to sur- dence standard mandated by [TSCA] is gen- U.S.C. § 2618(c)(1)(B)(ii). In promulgating this vive judicial scrutiny, as in Aqua Slide. erally considered to be more rigorous than rule, the EPA allowed substantial cross-ex- [16] We reach this conclusion despite the the arbitrary and capricious standard nor- amination of most, but not all, of its wit- relatively lenient standard by which we mally applied to informal rulemaking,’’ En- nesses. Considering the importance TSCA ac- judge administrative rulemaking pro- vironmental Defense Funds v. EPA, 636 F.2d cords to cross-examination, the EPA should ceedings. E.g., Superior Oil Co., 563 F.2d at 1267, 1277 (D.C.Cir.1980), and ‘‘afford[s] a con- have afforded interested parties full cross-ex- 201. The EPA seeks to avert this result by siderably more generous judicial review’’ amination on all of its major witnesses. We contending that the petitioners had con- than the arbitrary and capricious test. Ab- are mindful of the length of the asbestos reg- structive notice that the EPA might adopt bott Laboratories v. Gardner, 387 U.S. 136, 143, ulatory process in this case, but Congress, in the analogous exposure theory because it in- 87 S.Ct. 1507, 1512, 18 L.Ed.2d 681 (1967), over- enacting the rules governing the informal cluded, among its published data, certain in- ruled on other grounds, Califano v. Sanders, 430 hearing process under TSCA, specifically re- formation that might be manipulated to sup- U.S. 99, 97 S.Ct. 980, 51 L.Ed.2d 192 (1977). The served a place for proper cross-examination port such an analysis. We hold, however, test ‘‘imposes a considerable burden on the on issues of disputed material fact. See id. that considering that for some products the agency and limits its discretion in arriving §§ 2605(c)(3), 2618(c)(1)(B)(ii). Precluding cross- analogous exposure estimates constituted at a factual predicate.’’ Mobile Oil Corp. v. examination of EPA witnesses—even a mi- the bulk of the EPA’s analysis, constructive FPC, 483 F.2d 1238, 1258 (D.C.Cir.1973). [20] ‘‘Under the substantial evidence stand- nority of them—is not the proper way to ex- notice was insufficient notice.11 In summary, pedite the finish of a lengthy rulemaking on an issue of this import, the EPA should ard, a reviewing court must give careful scrutiny to agency findings and, at the same procedure. have announced during the years in which time, accord appropriate deference to admin- The EPA’s general failure to accord the pe- the hearings were ongoing, rather than in istrative decisions that are based on agency titioners adequate cross-examination, how- the subsequent weeks after which they were experience and expertise.’’ Environmental De- ever, is not sufficient by itself to mandate closed, that it intended to use the analogous overturning the rule. The ‘‘foundational fense Fund, 636 F.2d at 1277. As with con- exposure estimates. On reconsideration, the question is whether any procedural flaw so sumer product legislation, ‘‘Congress put the EPA should open to public comment the va- subverts the process of judicial review that substantial evidence test in the statute be- lidity of its analogous exposure estimates invalidation of the regulation is warranted.’’ cause it wanted the courts to scrutinize the and methodology. Superior Oil Co., 563 F.2d at 201 (quoting Ala- Commission’s actions more closely than an bama Ass’n of Ins. Agents v. Board of Governors IV ‘arbitrary and capricious’ standard would of the Fed. Reserve Sys., 533 F.2d 224, 236–237 The Language of TSCA allow.’’ Aqua Slide, 569 F.2d at 837. [21, 22] The recent case of Chemical Mfrs. (5th Cir. 1976)). Under this standard, the A EPA’s denial of cross-examination, by itself, Ass’n v. EPA, 899 F.2d 344 (5thCir.1990), pro- Standard of Review is insufficient to force us to overturn the vides our basic framework for reviewing the EPA’s asbestos regulation. Our inquiry into the legitimacy of the EPA EPA’s actions. In evaluating whether the [15] We cannot reach the same conclusion rulemaking begins with a discussion of the EPA has presented substantial evidence, we in another area, however. The EPA failed to standard of review governing this case. examine (1) whether the quantities of the give notice to the public, before the conclu- EPA’s phase-out ban of most commercial regulated chemical entering into the envi- sion of the hearings, that it intended to use uses of asbestos is a TSCA § 6(a) rulemaking. ronment are ‘‘substantial’’ and (2) whether ‘‘analogous exposure’’ data to calculate the TSCA provides that a reviewing court ‘‘shall human exposure to the chemical is ‘‘substan- expected benefits of certain product bans. In hold unlawful and set aside’’ a final rule pro- tial’’ or ‘‘significant.’’ Id. at 359. An agency general, the EPA should give notice as to its mulgated under § 6(a) ‘‘if the court finds that may exercise its judgment without strictly intended methodology while the public still the rule is not supported by substantial evi- relying upon quantifiable risks, costs, and has an opportunity to analyze, comment, dence in the rulemaking record...taken benefits, but it must ‘‘cogently explain why and influence the proceedings. The EPA’s use as a whole.’’ 15 U.S.C. § 2618(c)(1)(B)(i). it has exercised its discretion in a given of the analogous exposure estimates, apart [17] Substantial evidence requires ‘‘some- manner’’ and ‘‘must offer a ‘rational connec- from their merits, thus should have been thing less than the weight of the evidence, tion between the facts found and the choice subjected to public scrutiny before the record and the possibility of drawing two incon- made.’ ’’ Id. (quoting Motor Vehicle Mfrs. was closed. While it is true that ‘‘[t]he public sistent conclusions from the evidence does Ass’n v. State Farm Mut. Auto. Ins., 463 U.S. need not have an opportunity to comment on not prevent an administrative agency’s find- 29, 103 S.Ct. 2856, 77 L.Ed.2d 443 (1983)). every bit of information influencing an agen- ing from being supported by substantial evi- [23,24] We note that in undertaking our re- cy’s decision,’’ Texan v. Lyng, 868 F.2d 795, 799 dence.’’ Consolo v. Federal Maritime Comm’n, view, we give all agency rules a presumption (5th Cir. 1989), this cannot be used as a de- 383 U.S. 607, 620, 86 S.Ct. 1018, 1026, 16 L.Ed.2d of validity, and it is up to the challenger to fense to the late adoption of the analogous 131 (1966). This standard requires (1) that the any rule to show that the agency action is exposure estimates, as they are used to sup- agency’s decision be based upon the entire invalid. Alabama Nursing Home Ass’n v. Har- port a substantial part of the regulation fi- record,12 taking into account whatever in the ris, 617 F.2d 388, 393–94 (5th Cir. 1980). The nally promulgated by the EPA.10 record detracts from the weight of the agen- burden remains on the EPA, however, to jus- We draw support for this conclusion from cy’s decision; and (2) that the agency’s deci- tify that the products it bans present an un- Aqua Slide ’N’ Dive v. CPSC, 569 F.2d 831 (5th sion be what ‘‘ ‘a reasonable mind might ac- reasonable risk, no matter how regulated. Cir.1978), in which the CPSC decided, without cept as adequate to support [its] conclu- See Industrial Union Dep’t v. American Petro- granting interested parties the opportunity sion.’ ’’ American Textile Mfrs. Inst. v. Dono- leum Inst., 448 U.S. 607, 662, 100 S.Ct. 2844, to comment, that its proposed regulation van, 452 U.S. 490, 522, 101 S.Ct. 2478, 2497, 69 2874, 65 L.Ed.2d 1010 (1980); cf. National Lime merely would slow the industry’s rate of L.Ed.2d 185 (1981) (quoting Universal Camera Ass’n v. EPA, 627 F.2d 416, 433 (D.C.Cir. 1980) growth rather than actually cut sales. We re- Corp. v. NLRB, 340 U.S. 474, 477, 71 S.Ct. 456, (‘‘an initial burden of promulgating and ex- jected the CPSC’s rule, and our reasons there 459, 95 L.Ed. 456 (1951)). Thus, even if there is plaining a non-arbitrary, non-capricious rule are similar to those that require us to reject enough evidence in the record to support the rests with the Agency’’). Finally, as we dis- the EPA’s reliance upon the analogous expo- petitioners; assertions, we will not reverse if cuss in detail infra, because TSCA instructs sure data today: there is substantial evidence to support the the EPA to undertake the least burdensome [T]he evidence on which the Commission agency’s decision. See, e.g., Villa v. Sullivan, regulation sufficient to regulate the sub- relies was only made public after the period 895 F.2d 1019, 1021–22 (5th Cir. 1990); Singletary stance at issue, the agency bears a heavier for public comment on the standard had v. Bowen, 798 F.2d 818, 822–23 (5th Cir.1986); burden when it seeks a partial or total ban of closed. Consequently, critics had no realistic accord Fort Valley State College v. Bennett, 853 a substance than when it merely seeks to chance to rebut it.... It matters not that F.2d 862, 864 (11th Cir. 1988) (reviewing court regulate that product. See 15 U.S.C. § 2605(a). the late submission probably did not violate examines the entire record but defers to the B the notice requirement of 5 U.S.C.A. agency’s choice between two conflicting The EPA’s Burden Under TSCA §553.... The statute requires that the Commis- views). TSCA provides, in pertinent part, as fol- sion’s findings be supported by substantial evi- [18, 19] Contrary to the EPA’s assertions, lows: dence, and that requirement is not met when the the arbitrary and capricious standard found (a) Scope of regulation.—If the Adminis- only evidence on a crucial finding is alleged to in the APA and the substantial evidence trator finds that there is a reasonable basis to

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10201 conclude that the manufacture, processing, manufacture of asbestos-containing products Upon an initial showing of product danger, distribution in commerce, use, or disposal of of the chemical’s dangers, and stricter work- the proper course for the EPA to follow is to a chemical substance or mixture, or that any place rules. EPA also rejected controlled use consider each regulatory option, beginning combination of such activities, presents or of asbestos in the workplace and deferral to with the least burdensome, and the costs and will present an unreasonable risk of injury to other government agencies charged with benefits of regulation under each option. The health or the environment, the Adminis- worker and consumer exposure to industrial EPA cannot simply skip several rungs, as it trator shall by rule apply one or more of the and product hazards, such as OSHA, the did in this case, for in doing so, it may skip following requirements to such substance or CPSC, and the MSHA. The EPA determined a less-burdensome alternative mandated by mixture to the extent necessary to protect that deferral to these other agencies was in- TSCA. Here, although the EPA mentions the adequately against such risk using the least appropriate because no one other authority problems posed by intermediate levels of reg- burdensome requirements. Id. (emphasis could address all the risks posed ‘‘through- ulation, it takes no steps to calculate the added). As the highlighted language shows, out the life cycle’’ by asbestos, and any ac- costs and benefits of these intermediate lev- Congress did not enact TSCA as a zero-risk tion by one or more of the other agencies els. See 54 Fed.Reg. at 29,462, 29,474. Without statute.14 The EPA, rather, was required to still would leave an unacceptable residual doing this it is impossible, both for the EPA consider both alternatives to a ban and the risk.16 and for this court on review, to know that costs of any proposed actions and to ‘‘carry Much of the EPA’s analysis is correct, and none of these alternatives was less burden- out this chapter in a reasonable and prudent the EPA’s basic decision to use TSCA as a some than the ban in fact chosen by the manner [after considering] the environ- comprehensive statute designed to fight a agency. mental, economic and social impact of any multi-industry problem was a proper one The EPA’s offhand rejection of these inter- action.’’ 15 U.S.C. § 2601(c). that we uphold today on review. What con- mediate regulatory steps is ‘‘not the stuff of [25] We conclude that the EPA has pre- cerns us, however, is the manner in which which substantial evidence is made.’’ Aqua sented insufficient evidence to justify its as- the EPA conducted some of its analysis. Slide, 569 F.2d at 843. While it is true that the bestos ban. We base this conclusion upon two TSCA requires the EPA to consider, along EPA considered five different ban options, grounds: the failure of the EPA to consider with the effects of toxic substances on these differed solely with respect to their ef- all necessary evidence and its failure to give human health and the environment, ‘‘the fective dates. The EPA did not calculate the adequate weight to statutory language re- benefits of such substance[s] or mixture[s] risk levels for intermediate levels of regula- quiring it to promulgate the least burden- for various uses and the availability of sub- tion, as it believed that there was no asbes- some, reasonable regulation required to pro- stitutes for such uses,’’ as well as ‘‘the rea- tos exposure level for which the risk of in- tect the environment adequately. Because sonably ascertainable economic con- jury or death was zero. Reducing risk to the EPA failed to address these concerns, sequences of the rule, after consideration for zero, however, was not the task that Con- and because the EPA is required to articu- the effect on the national economy, small gress set for the EPA in enacting TSCA. The late a ‘‘reasoned basis’’ for its rules, we are business, technological innovation, the envi- EPA thus has failed ‘‘cogently [to] explain compelled to return the regulation to the ronment, and public health.’’ Id. why it has exercised its discretion in a given agency for reconsideration. § 2605(c)(1)(C–D). manner,’’ Chemical Mfrs. Ass’n, 899 F.2d at The EPA presented two comparisons in the 1. Least Burdensome and Reasonable. 349, by failing to explore in more than a cur- record: a world with no further regulation [26] TSCA requires that the EPA use the sory way the less burdensome alternatives to under TSCA, and a world in which no manu- least burdensome regulation to achieve its a total ban. goal of minimum reasonable risk. This statu- facture of asbestos takes place. The EPA re- 2. The EPA’s Calculations. tory requirement can create problems in jected calculating how many lives a less bur- Furthmore, we are concerned about some evaluating just what is a ‘‘reasonable risk.’’ densome regulation would save, and at what of the methodology employed by the EPA in Congress’s rejection of a no-risk policy, how- cost. Furthermore the EPA, when calcu- making various of the calculations that it ever, also means that in certain cases, the lating the benefits of its ban, explicitly re- did perform. In order to aid the EPA’s recon- least burdensome yet still adequate solution fused to compare it to an improved work- sideration of this and other cases, we present may entail somewhat more risk than would place in which currently available control our concerns here. other, known regulations that are far more technology is utilized. See 54 Fed.Reg. at [28] First, we note that there was some dis- burdensome on the industry and the econ- 29,474. This decision artificially inflated the pute in the record regarding the appropriate- omy. The very language of TSCA requires purported benefits of the rule by using a ness of discounting the perceived benefits of that the EPA once it has determined what an baseline comparison substantially lower the EPA’s rule. In choosing between the cal- acceptable level of non-zero risk is, chose the than what currently available technology culated costs and benefits, the EPA pre- least burdensome method of reaching that could yield. sented variations in which it discounted only level. [27] Under TSCA, the EPA was required to In this case, the EPA banned, for all prac- evaluate, rather than ignore, less burden- the costs, and counter-variations in which it tical purposes, all present and future use of some regulatory alternatives. TSCA imposes discounted about the costs and the benefits, asbestos—a position the petitioners charac- a least-to-most-burdensome hierarchy. In measured in both monetary and human in- terize as the ‘‘death penalty alternative,’’ as order to impose a regulation at the top of jury terms. As between these two variations, this is the most burdensome of all possible al- the hierarchy—a total ban of asbestos—the we choose to evaluate the EPA’s work using ternatives listed as open to the EPA under EPA must show not only that its proposed its discounted benefits calculations. TSCA. TSCA not only provides the EPA with action reduces the risk of the product to an Although various commentators dispute a list of alternative actions but also provides adequate level, but also that the actions whether it ever is appropriate to discount those alternatives in order of how burden- Congress identified as less burdensome also benefits when they are measured in human some they are.15 The regulations thus pro- would not do the job.17 The failure of the lives, we note that it would skew the results vide for EPA regulation ranging from label- EPA to do this constitutes a failure to meet to discount only costs without according ing the least toxic chemicals an industry its burden of showing that its actions not similar treatment to the benefits side of the may use. Total bans head the list as the only reduce the risk but do so in the Con- equation. Adopting the position of the com- most burdensome regulatory option. gressionally-mandated least burdensome fash- mentators who advocate not discounting By choosing the harshest remedy given to ion. benefits would force the EPA similarly not it under TSCA, the EPA assigned to itself Thus it was not enough for the EPA to to calculate costs in present discounted real the toughest burden in satisfying TSCA’s re- show, as it did in this case, that banning terms, making comparisons difficult. Fur- quirement that its alternative be the least some asbestos products might reduce the thermore, in evaluating situations in which burdensome of all those offered to it. Since, harm that could occur from the use of these different options incur costs at varying time both by definition and by the terms of TSCA, products. If that were the standard, it would intervals, the EPA would not be able to take the complete ban of manufacturing is the be no standard at all, for few indeed are the into account that soon-to-be incurred costs most burdensome alternative—for even products that are so safe that a complete ban are more harmful than postponable costs. stringent regulation at least allows a manu- of them would not make the world still safer. Because the EPA must discount costs to per- facturer the chance to invest and meet the This comparison of two static worlds is in- form its evaluations properly, the EPA also new, higher standard—the EPA’s regulation sufficient to satisfy the dictates of TSCA. should discount benefits to preserve an ap- cannot stand if there is any other regulation While the EPA may have shown that a world ples-to-apples comparison, even if this en- that would achieve an acceptable level of with a complete ban of asbestos might be tails discounting benefits of a non-monetary risk as mandated by TSCA. preferable to one in which there is only the nature. See What Price Posterity?, The Econo- We reserve until a later part of the opinion current amount of regulation, the EPA has mist, March 23, 1991, at 73 (explaining use of a product-by-product review of the regula- failed to show that there is not some inter- discount rates for non-monetary goods). tion. Before reaching this analysis, however, mediate state of regulation that would be su- When the EPA does discount costs of bene- we lay down the inquiry that the EPA should perior to both the currently-regulated and fits, however, it cannot choose an unreason- undertake whenever it seeks total ban of a the completely-banned world. Without show- able time upon which to base its discount product. ing that asbestos regulation would be inef- calculation. Instead of using the time of in- The EPA considered, and rejected, such op- fective, the EPA cannot discharge its TSCA jury as the appropriate time from which to tions as labeling asbestos products, thereby burden of showing that its regulation is the discount, as one might expect, the EPA in- warning users and workers involved in the least burdensome available to it. stead used the time of exposure.

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10202 CONGRESSIONAL RECORD — SENATE July 18, 1995 The difficulties inherent in the EPA’s ap- Fed.Reg. at 29,468. Because of this, the EPA Second, the EPA cannot say with any as- proach can be illustrated by an example. did not ban certain uses of asbestos, such as surance that its regulation will increase Suppose two workers will be exposed to as- its use in rocket engines and battery separa- workplace safety when it refuses to evaluate bestos in 1995, with worker X subjected to a tors. The EPA, however, in several other in- the harm that will result from the increased tiny amount of asbestos that will have no stances, ignores its own arguments and at- use of substitute products. While the EPA adverse health effects, and worker Y exposed tempts to justify its ban by stating that the may be correct in its conclusion that the al- to massive amounts of asbestos that quickly ban itself will cause the development of low- ternate materials pose less risk than asbes- will lead to an asbestos-related disease. cost, adequate substitute products. tos, we cannot say with any more assurance Under the EPA’s approach, which takes into [30] As a general matter, we agree with the than that flowing from an educated guess account only the time of exposure rather EPA that a product ban can lead to great in- that this conclusion is true. novation, and it is true that an agency under than the time at which any injury manifests Considering that many of the substitutes TSCA, as under other regulatory statutes, itself, both examples would be treated the that the EPA itself concedes will be used in ‘‘is empowered to issue safety standards same. The EPA’s approach implicitly as- the place of asbestos have known carcino- which require improvements in existing sumes that the day on which the risk of in- genic effects, the EPA not only cannot as- technology or which require the development jury occurs is the same day the injury actu- sure this court that it has taken the least 18 of new technology.’’ Chrysler Corp. v. Depart- ally occurs. Such an approach might be burdensome alternative, but cannot even ment of Transp., 472 F.2d 659, 673 (6th Cit.1972). proper when the exposure and injury are one prove that its regulations will increase and the same, such as when a person is ex- As even the EPA acknowledges, however, when no adequate substitutes currently workplace safety. Eager to douse the dangers posed to an immediately fatal poison, but is of asbestos, the agency inadvertently actu- inappropiate for discounting toxins in which exist, the EPA cannot fail to consider this lack when formulating its own guidelines. ally may increase the risk of injury Ameri- exposure often is followed by a substantial cans face. The EPA’s explicit failure to con- 19 Under TSCA, therefore, the EPA must lag time before manifestation of injuries. sider the toxicity of likely substitutes thus Of more concern to us is the failure of the present a stronger case to justify the ban, as deprives its order of a reasonable basis. Cf. EPA to compute the costs and benefits of its opposed to regulation, of products with no American Petroleum Inst. v. OSHA, 581 F. 2d proposed rule past the year 2000, and its dou- substitutes. 493, 504 (5th Cir. 1978) (An agency is required ble-counting of the costs of asbestos use. In We note that the EPA does provide a waiv- to ‘‘regulate on the basis of knowledge rath- performing its calculus, the EPA only in- er provision for industries where the hoped- er than the unknown.’’). cluded the number of lives saved over the for substitutes fail to materialize in time. next thirteen years, and counted any addi- See 54 Fed. Reg. at 29,464. Under this provi- Our opinion should not be construed to tional lives saved as simply ‘‘unquantified sion, if no adequate substitutes develop, the state that the EPA has an affirmative duty benefits.’’ 54 Fed. Reg. at 29,486. The EPA EPA temporarily may extend the planned to seek out and test every workplace sub- and intervenors now seek to use these phase-out. stitute for any product it seeks to regulate. The EPA uses this provision to argue that unquantified lives saved to justify calcula- TSCA does not place such a burden upon the it can ban any product, regardless of whether tions as to which the benefits seem far out- agency. We do not think it unreasonable, it has an adequate substitute, because inven- weighed by the astronomical costs. For ex- however, once interested parties introduce tive companies soon will develop good sub- ample, the EPA plans to save about three credible studies and evidence showing the stitutes. The EPA contends that if they do lives with its ban of asbestos pipe, at a cost toxicity of workplace substitutes, or the de- not, the waiver provision will allow the con- of $128–227 million (i.e., approximately $43–76 creased effectiveness of safety alternatives tinued use of asbestos in these areas, just as million per life saved). Although the EPA ad- such as non-asbestos brakes, that the EPA if the ban had not occurred at all. then consider whether its regulations are mits that the lives saved past the year 2000 The EPA errs, however, in asserting that justify the price. See generally id. at 29,473 even increasing workplace safety, and the waiver provision will allow a continu- whether the increased risk occasioned by (explaining use of unquantified benefits). ation of the status quo in those cases in Such calculations not only lessen the value dangerous substitutes makes the proposed which no substitutes materialize. By its own regulation no longer reasonable. In the of the EPA’s cost analysis, but also make terms, the exemption shifts the burden onto any meaningful judicial review impossible. words of the EPA’s own release that initi- the waiver proponent to convince the EPA ated the asbestos rulemaking, we direct that While TSCA contemplates a useful place for that the waiver is justified. See id. As even unquantified benefits beyond the EPA’s cal- the agency consider the adverse health ef- the EPA acknowledges, the wavier only fects of asbestos substitute ‘‘for comparison culation, unquantified benefits never were ‘‘may be granted by [the] EPA in very lim- intended as a trump card allowing the EPA with the known hazards of asbestos,’’ so that ited circumstances.’’ Id. at 29,460. it can conduct, as it promised in 1979, a ‘‘bal- to justify any cost calculus, no matter how The EPA thus cannot use the waiver provi- anced consideration of the environmental, high. sion to lessen its burden when justifying economic, and social impact of any action The concept of unquantified benefits, rath- banning products without existing sub- er, is intended to allow the EPA to provide a stitutes. While TSCA gives the EPA the taken by the agency.’’ 44 Fed. Reg. at 60,065 rightful place for any remaining benefits power to ban such products, the EPA must (1979). that are impossible to quantify after the bear its heavier burden of justifying its total [32] In short, a death is a death, whether EPA’s best attempt, but which still are of ban in the face of inadequate substitutes. occasioned by asbestos or by a toxic sub- some concern. But the allowance for Thus, the agency cannot use its waiver pro- stitute product, and the EPA’s decision not unquantified costs is not intended to allow vision to argue that the ban of products with to evaluate the toxicity of known carcino- the EPA to perform its calculations over an no substitutes should be treated the same as genic substitutes is not a reasonable action arbitrarily short period so as to preserve a the ban of those for which adequate sub- under TSCA. Once an interested party brings large unquantified portion. stitutes are available now. forth credible evidence suggesting the tox- Unquantified benefits can, at times, per- [31] We also are concerned with the EPA’s icity of the probable or only alternatives to missibly tip the balance in close cases. They evaluation of substitutes even in those in- a substance, the EPA must consider the com- cannot, however, be used to effect a whole- stances in which the record shows that they parative toxic costs of each.21 Its failure to sale shift on the balance beam. Such a use are available. The EPA explicitly rejects do so in this case thus deprived its regula- makes a mockery of the requirements of considering the harm that may flow from the tion of a reasonable basis, at least in regard TSCA that the EPA weigh the costs of its ac- increased use of products designed to sub- to those products as to which petitioners in- tions before it chooses the least burdensome stitute for asbestos, even where the probable troduced credible evidence of the dangers of alternative.20 substitutes themselves are known carcino- the likely substitutes.22 [29] Most problematical to us is the EPA’s gens. Id. at 29,481–83. The EPA justifies this 4. Unreasonable Risk of Injury. ban of products for which no substitutes by stating that it has ‘‘more concern about The final requirement the EPA must sat- presently are available. In these cases, the the continued use and exposure to asbestos isfy before engaging in any TSCA rule- EPA bears a tough burden indeed to show than it has for the future replacement of as- making is that it only take steps designed to that under TSCA a ban is the least burden- bestos in the products subject to this rule prevent ‘‘unreasonable’’ risks. In evaluating some alternative, as TSCA explicitly in- with other fibrous substitutes.’’ Id. at 29,481. what is ‘‘unreasonable,’’ the EPA is required structs the EPA to consider ‘‘the benefits of The agency thus concludes that any such substance or mixture for various uses ‘‘[r]egulatory decisions about asbestos which to consider the costs of any proposed actions and the availability of substitutes for such poses well-recognized, serious risks should and to ‘‘carry out this chapter in a reason- uses.’’ Id. § 2605(c)(1)(C). These words are par- not be delayed until the risk of all replace- able and prudent manner [after considering] ticularly appropriate where the EPA actu- ment materials are fully quantified.’’ Id. at the environmental, economic, and social im- ally has decided to ban a product, rather 29,483. pact of any action.’’ 15 U.S.C. § 2601(c). than simply restrict is use, for it is in these This presents two problems. First, TSCA [33] As the District of Columbia Circuit cases that the lack of an adequate substitute instructs the EPA to consider the relative stated when evaluating similar language is most troubling under TSCA. merits of its ban, as compared to the eco- governing the Federal Hazardous Substances As the EPA itself states, ‘‘[w]hen no infor- nomic effects of its actions. The EPA cannot Act, ‘‘[t]he requirement that the risk be ‘un- mation is available for a product indicating make this calculation if it fails to consider reasonable’ necessarily involves a balancing that cost-effective substitutes exist, the esti- the effects that alternate substitutes will test like that familiar in tort law: The regu- mated cost of a product ban is very high.’’ 54 pose after a ban. lation may issue if the severity of the injury

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10203 that may result from the product, factored its regulations, as required by TSCA, was Such expertise, however, is not a universal by the likelihood of the injury, offsets the meaningless. As the petitioners’ brief and talisman affording the EPA unbridled lati- harm the regulation itself imposes upon our review of EPA caselaw reveals, such high tude to act as it chooses under TSCA. What manufacturers and consumers,’’ Forester v. costs are rarely, if ever, used to support a we cannot ignore is that the EPA failed to CPSC, 559 F.2d 774, 789 (D.C.Cir. 1977). We safety regulation. If we were to allow such study the effect of non-asbestos brakes on have quoted this language approvingly when cavalier treatment of the EPA’s duty to con- automotive safety, despite credible evidence evaluating other statutes using similar lan- sider the economic effects of its decisions, that non-asbestos brakes could increase sig- guage. See, e.g., Aqua Slide, 569 F.2d at 839. we would have to excise entire sections and nificantly the number of highway fatalities, That the EPA must balance the costs of its phrases from the language of TSCA. Because and that the EPA failed to evaluate the tox- regulations against their benefits further is we are judges, not surgeons, we decline to do icity of likely brake substitutes. As we al- reinforced by the requirement that it seek so.23 ready mentioned, the EPA, in its zeal to ban the least burdensome regulation. While Con- V asbestos, cannot overlook, with only cursory gress did not dictate that the EPA engage in Substantial Evidence Regarding Least study, credible contentions that substitute an exhaustive, full-scale cost-benefit anal- Burdensome, Adequate Regulation products actually might increase fatalities. ysis, it did require the EPA to consider both The EPA commissioned an American Soci- sides of the regulatory equation, and it re- TSCA provides that a reviewing court ety of Mechanical Engineers (ASME) study jected the notion that the EPA should pur- ‘‘shall hold unlawful and set aside’’ a final that concluded that while more research was sue the reduction of workplace risk at any rule promulgated under section 6(a) ‘‘if the needed, it appeared that many of the pro- cost. See American Textile Mfrs. Inst., 452 U.S. court finds that the rule is not supported by posed substitutes for friction products are at 510 n. 30, 101 S.Ct. at 2491 n. 30 (‘‘unreason- substantial evidence in the rulemaking not, and will not soon be available, espe- able risk’’ statutes require ‘‘a generalized record . . . taken as a whole.’’ 15 U.S.C. cially in the replacement brake market, and balancing of costs and benefits’’ (citing Aqua § 2618(c)(1)(B)(i). The substantial evidence that the substitutes may or may not assure Slide, 569 F.2d at 839)). Thus, ‘‘Congress also standard ‘‘afford[s] a considerably more gen- safety.25 Despite this credible record evi- plainly intended the EPA to consider the erous judicial review’’ than the arbitrary or dence, by a study specifically commissioned capricious test, Abbott Laboratories, 387 U.S. economic impact of any actions taken by it by the EPA, that substitute products actu- at 143, 87 S.Ct. at 1513, and ‘‘imposes a con- under . . . TSCA.’’ Chemical Mfrs. Ass’n 899 ally might cause more deaths than those as- siderable burden on the agency and limits its F.2d at 348. bestos deaths predicted by the EPA, the discretion in arriving at a factual predi- Even taking all of the EPA’s figures as agency did not evaluate the dangers posed by cate.’’ Mobil Oil Corp. v. FPC, 483 F.2d 1238, true, and evaluating them in the light most the substitutes, including cancer deaths favorable to the agency’s decision (non-dis- 1258 (D.C.Cir.1973). [34] We have declared that the EPA must from the others fibers used and highway counted benefits, discounted costs, analo- articulate an ‘‘understandable basis’’ to sup- deaths occasioned by less effective, non-as- gous exposure estimates included), the agen- port its TSCA action with respect to each bestos brakes. This failure to examine the cy’s analysis results in figures as high as $74 substance or application of the substance likely consequence of the EPA’s regulation million per life saved. For example, the EPA banned. Chemical Mfrs. Ass’n, 899 F.2d at 357. renders the ban of asbestos friction products states that its ban of asbestos pipe will save To make a finding of unreasonable risk based unreasonable. three lives over the next thirteen years, at a This failure would be of little moment, upon this assessment, the ‘‘EPA must bal- cost of $128–227 million ($43–76 million per were the relevant market confined to origi- ance the probability that harm will occur life saved), depending upon the price of sub- nal equipment disk brakes and pads. For from the activities against the effects of the stitutes; that it ban of asbestos shingles will these original equipment brakes, it appears proposed regulatory action on the avail- cost $23–34 million to save 0.32 statistical that manufacturers already have developed ability to society of the benefits of asbes- lives ($72–106 million per life saved); that its safe substitutes for asbestos, considering tos.’’ 54 Fed.Reg. at 29, 467. With these edicts ban of asbestos coatings will cost $46–181 mil- that nearly all new vehicles come with non- in mind, we now examine each product lion to save 3.33 lives ($14–54 million per life asbestos disk brakes, with non-asbestos against the TSCA criteria.24 saved); and that its ban of asbestos paper drum brakes apparently soon to follow. See products will save 0.60 lives at a cost of $4– A id. at 29,493. The ASME Report concluded 5 million ($7–8 million per life saved). See Friction Products that ‘‘at the present rate of technological Fed. Reg. at 29,484–85. Were the analogous ex- [35] We begin our analysis with the EPA’s progress, most new passenger cars could be posure estimates not included, the cancer ban of friction products, which constitutes equipped with totally non-asbestos frictional risks from substitutes such as ductile iron the lion’s share of the proposed benefits of systems by 1991, and most light trucks and pipe factored in, and the benefits of the ban the asbestos regulation—nearly three- heavy trucks with S-cam brakes, by 1992.’’ appropriately discounted from the time of fourths of the anticipated asbestos deaths. See id. at 29,494. the manifestation of an injury rather than The friction products in question, although Although the petitioners dispute the evi- the time of exposure, the costs would shift primarily made up of drum and disk brakes, dence, we find particularly telling the fact even more sharply against the EPA’s posi- also include brake blocks and other friction that manufacturers already are producing tion. products. most vehicles with newly designed, non-as- While we do not sit as a regulatory agency Workers are exposed to asbestos during the bestos brakes. The ban of asbestos brakes for that must make the difficult decision as to manufacture, use, repair, and disposal of these uses here appears reasonable and, had what an appropriate expenditure is to pre- these products. The EPA banned most of the EPA taken the proper steps to consider vent someone from incurring the risk of an these products with a stage 2 ban, which and reject the less burdensome alternatives, asbestos-related death, we do note that the would require companies to cease manufac- we might find the ban of these products sup- EPA, in its zeal to ban any and all asbestos turing or importing the products by August ported by substantial evidence. products, basically ignored the cost side of 25, 1993, with distribution to end one year With respect to the aftermarket replace- the TSCA equation. The EPA would have later. The final stage 3 ban would ban any re- ment market, however, the EPA’s failure to this court believe that Congress, when it en- maining friction products on August 26, 1996, consider the safety ramifications of its deci- acted its requirement that the EPA consider with distribution again ceasing one year sions is problematic. Original equipment, the economic impacts of its regulations, later. See id. at 29,461–62. non-asbestos brakes are designed from the thought that spending $200–300 million to We note that of all the asbestos bans, the start to work without the superior insu- save approximately seven lives (approxi- EPA did the most impressive job in this lating properties of asbestos. The replace- mately $30–40 million per life) over thirteen area, both in conducting its studies and in ment market brakes, on the other hand, years is reasonable. supporting its contention that banning as- were designed with asbestos, rather than As we stated in the OSHA context, until an bestos products would save over 102 dis- substitutes, in mind. As the EPA itself agency ‘‘can provide substantial evidence counted lives. Id. at 29,485. Furthermore, the states, ‘‘[c]ommenters generally agreed that that the benefits to be achieved by [a regula- EPA demonstrates that the population expo- it is easier to develop replace ment asbestos- tion] bear a reasonable relationship to the sure to asbestos in this area is great, while free friction materials for use in vehicles costs imposed by the reduction, it cannot the estimated cost of the measure is low, at that are intentionally designed to use such show that the standard is reasonably nec- least in comparison to the cost-per-life of its materials that it is to develop asbestos-free essary to provide safe or healthful work- other bans. Were the petitioners only ques- friction materials for use as after-market re- places.’’ American Petroleum Inst., 581 F.2d at tioning the EPA’s decision to ban friction placement products in vehicles currently in 504. Although the OSHA statute differs in products based upon disputing these figures, use that have brake systems designed to use major respects from TSCA, the statute does we would be tempted to uphold the EPA, asbestos.’’ Id. Because of these difficulties, require substantial evidence to support the even in the fact of petitioner’s arguments the EPA decided to use a stage 3 ban for re- EPA’s contentions that its regulations both that workplace exposure to friction product placement brakes. have a reasonable basis and are the least asbestos could be decreased by as much as Despite acknowledging the difficulty of burdensome means to a reasonably safe ninety percent using stricter workplace con- retrofitting current asbestos brakes, how- workplace. trols and in light of studies supporting the ever, the EPA decided that the problem with The EPA’s willingness to argue that spend- conclusion that some forms of asbestos non-asbestos brakes was not that they are ing $23.7 million to save less than one-third present less danger. Decisions such as these inferior, but that they are less safe because of a life reveals that its economic review of are better left to the agency’s expertise. the government does not regulate them.

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10204 CONGRESSIONAL RECORD — SENATE July 18, 1995 Based upon this conclusion, the EPA decided used to convey water in mains, sewage under tion, particularly where a risk of fatal injury that is need not consider the safety of alter- pressure, and materials in various industrial is being evaluated.’’ Id. These concerns are of native brakes because, after consultation process lines. Unlike most uses of asbestos, special note where the increased carcinogen with the National Highway Traffic Safety asbestos pipe is valued primarily for its risk occasioned by the EPA’s proposed sub- Administration, (NNTSA), the EPA con- strength and resistance to corrosion, rather stitutes is both credible and known. cluded that regulation of non-asbestos than for its heat-resistant qualities. The This conclusion only is strengthened when brakes soon would be forthcoming. Id. EPA imposed a stage 3 ban on asbestos pipe. we consider the EPA’s failure to analyze the This determination is insufficient to dis- 54 Fed. Reg. at 29,462. health risks of PVC pipe, the most likely charge the EPA’s duties under TSCA. The Petitioners question EPA’s cost/benefit substitute for asbestos pipe, which the EPA EPA failed to settle whether alternative balancing, noting that by the EPA’s own pre- concedes poses a cancer risk similar to that brakes will be as safe as current brakes, even dictions, the ban of asbestos pipe will save presented by asbestos pipe. The failure of the though, by its own admission, the ‘‘EPA also only 3–4 discounted lives, at a cost ranging EPA to make a record finding on the risks of acknowledges that a ban on asbestos in the from $128–227 million ($43–76 million per life PVC pipe is particularly inexplicable, as the brake friction product categories may in- saved), depending upon the price of sub- EPA already is studying increasing the strin- crease the uncertainty about brake perform- stitutes. Id. at 29,484. Furthermore, much of gency of PVC regulation in separate rule- ance.’’ Id. at 29,495. The EPA contends that it EPA’s data regarding this product and others making proceedings, an action that one of can rely upon NHTSA to discharge its regu- depends upon data received from exposures the very intervenors in the instant case has latory burdens, but it ignores the fact that observed during activities similar to the been urging for years. See NRDC v. EPA, 824 the problem with non-asbestos brakes may ones to be regulated—the ‘‘analogous expo- F.2d 1146, 1148–49 (D.C.Cir.1987) (en banc). be technical, rather than regulatory, in na- sure’’ analysis that the EPA adopted subse- The EPA, in these separate proceedings, ture. quent to the public comment period, which has estimated the cancer risk from PVC Future consideration by the NHTSA can- thus was not subjected to cross-examination plants to be as high as twenty deaths per not support a present ban by the EPA when or other critical testing.26 Finally, the peti- year, a death rate that stringent controls the record contains conflicting and non-con- tioners protest that the EPA acted unreason- might be able to reduce to one per year, see clusive evidence regarding the safety of non- ably because the most likely substitutes for id. at 1149, far in excess of the fractions of a life asbestos brake replacement parts. After the asbestos pipe, PVC and ductile iron pipe, that the asbestos pipe ban may save each year, being presented with credible evidence ‘‘that also contain known carcinogens. by the EPA’s own calculations. Considering a ban on asbestos use in the aftermarket for Once again we are troubled by the EPA’s that the EPA concedes that there is no evi- brake systems designed for asbestos friction methodology and its evaluation of the sub- dence showing that ingested, as opposed to in- products will compromise the performance of stitute products. Many of the objections haled, asbestos is a health risk, while the braking systems designed for asbestos raised by the asbestos cement pipe producers EPA’s own studies show that ingested vinyl brakes,’’ id. at 29,494, the EPA under TSCA are general protests about the EPA’s studies chloride is a significant cancer risk that had to consider whether its proposed ban not and other similar complaints. We will not could cause up to 260 cancer deaths over the only was reasonable, but also whether the in- disturb such agency inquiries, as it is not our next thirteen years, see id.; 54 Fed.Reg. at 29, creased deaths caused by less efficient role to delve into matters better left for 498, the EPA’s failure to consider the risks of brakes made the ban of asbestos in the re- agency expertise. We do, however, examine substitute products in the asbestos pipe area placement brake market unreasonable. the EPA’s methodology in places to deter- is particularly troublesome. The agency can- In short, while it is apparent that non-as- mine whether it has presented substantial not simply choose to note the similar cancer bestos brake products either are available or evidence to support its regulation. risks of asbestos and iron pipe and then re- soon will be available on new vehicles, there As with friction products, the EPA refused ject the data underpinning the iron and PVC is no evidence indicating that forcing con- to assess the risks of substitutes to asbestos pipe without more than its own conclusory sumers to replace their asbestos brakes with pipe. Id. at 29,497–98. Unlike non-asbestos statements. new non-asbestos brakes as they wear out on brakes, which the EPA contends are safe, the We also express concern with the EPA’s their present vehicles will decrease fatalities EPA here admits that vinyl chloride, used in cavalier attitude toward the use of its own or that such a ban will produce other bene- PVC, is a human carcinogen that is espe- data. The asbestos pipe industry argues that fits that outweigh its costs. Furthermore, cially potent during the manufacture of PVC the exposure times the EPA used to cal- many of the EPA’s own witnesses conceded pipe. As for the EPA’s defense of the ductile culate its figures are much higher than expe- on cross-examination that the non-asbestos iron pipe substitute, the EPA also acknowl- rience would warrant, a contention that the fibrous substitutes also pose a cancer risk edges evidence that it will cause cancer EPA now basically concedes. Rather than re- upon inhalation, yet the EPA failed to exam- deaths but rejects these deaths as overesti- calculate its figures, however, based upon ine in more than a cursory fashion the tox- mated, even though it can present no more the best data available to it, the EPA merely icity of these alternatives. Under these cir- support for this assumption than its own ipse responds that while the one figure may be cumstances, the EPA has failed to support dixit. too high, it undoubtedly underestimated the its ban with the substantial evidence needed The EPA presented several plausible, al- exposure levels, because contractors seldom comply with OSHA regulations. In the words to provide it with a reasonable basis. beit untested, reasons why PVC and ductile Finally, as we already have noted, the iron pipe might be less of a health risk than of its brief, ‘‘[t]hus, EPA concluded that its structure of TSCA requires the EPA to con- asbestos pipe. It did not, however, actually estimates contain both over and underesti- sider, and reject, the less burdensome alter- evaluate the health risk flowing from these mates, but nevertheless represented a rea- natives in the TSCA hierarchy before it can substitute products, even though the ‘‘EPA sonable picture of aggregate exposure.’’ The EPA is required to support its analysis invoke its power to ban a product com- acknowledges that the individual lifetime with substantial evidence under TSCA. When pletely. It may well be true, as the EPA con- cancer risk associated with the production of one figure is challenged, it cannot back up tends, that workplace controls are insuffi- PVC may be equivalent to that associated with the production of A/C pipe.’’ Id. at its position by changing an unrelated figure cient measures under TSCA and that only a to yield the same result. Allowing such be- ban will discharge the EPA’s TSCA-imposed 29,497. The agency concedes that ‘‘[t]he popu- lation cancer risk for the production of duc- havior would require us only to focus on the duty to seek the safest, reasonable environ- final numbers provided by an agency, and to ment. The EPA’s failure to consider the reg- tile iron pipe could be comparable to the population cancer risk for production of A/C ignore how it arrives at that number. Be- ulatory alternatives, however, cannot be cause a conclusion is no better than the substantiated by conclusory statements that pipe.’’ Id. It was insufficient for the EPA to conclude methodology used to reach it, such a result regulation would be insufficient. See Texas that while its data showed that ‘‘the number cannot survive the substantial evidence test. Indep. Ginners Ass’n v. Marshall, 630 F.2d 398, of cancer cases associated with production of Finally, we once again note that the EPA 411–12 (5th Cir. 1980); Aqua Slide, 569 F.2d at equivalent amounts of ductile iron pipe and failed to discharge its TSCA-mandated bur- 843. We thus concede that while the EPA A/C pipe ‘may be similar,’ the estimate of den that it consider and reject less burden- may have presented sufficient evidence to cancer risk for ductile iron pipe ‘is most some alternatives before it impose a more underpin the dangers of asbestos brakes, its likely an overestimate,’ ’’ see 54 Fed.Reg. at burdensome alternative such as a complete failure to consider whether the ban is the 29,498, unless the agency can present some- ban. The EPA instead jumped immediately least burdensome alternative, and its refusal thing more concrete than its own specula- to the ban provision, without calculating to consider the toxicity and danger of sub- tion to refute these earlier iron pipe cancer whether a less burdensome alternative might stitute brake products, in regard to both studies. Musings and conjecture are ‘‘not the accomplish TSCA’s goals. See 54 Fed. Reg. at highway and workplace safety, deprived its stuff of which substantial evidence is made,’’ 29,489. We therefore conclude that the EPA regulation of the reasonable basis required Aqua Slide, 569 F.2d at 843, and failed to present substantial evidence to sup- by TSCA. ‘‘[u]narticulated reliance on Commission ‘ex- port its ban of asbestos pipe. B perience’ may satisfy an ‘arbitrary, capri- C Asbestos-Cement Pipe Products cious’ standard of review, but it does not add Gaskets, Roofing, Shingles, and Paper [36] The EPA’s analysis supporting its ban one jot to the record evidence.’’ Id. at 841–42 Products of asbestos-cement (‘‘A/C’’) pipe is more (citations omitted). ‘‘While expert opinion We here deal with the remaining products troublesome than its action in regard to fric- deserves to be heeded, it must be based on affected by the EPA ban. Petitioners chal- tion products. Asbestos pipe primarily is more than casual observation and specula- lenge the basis for the EPA’s finding that

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10205 beater-add and sheet gaskets, primarily used Should some unlikely future use arise for proposed rule by refusing to evaluate the in automotive parts, should be banned. The these products, the manufacturers and im- toxicity of likely substitute products that agency estimated its ban would save thirty- porters have access to the waiver provision will be used to replace asbestos goods. While two lives over a thirteen-year time span, at established by the EPA for just these contin- the EPA does not have the duty under TSCA an overall cost of $207–263 million ($6–8 mil- gencies. Under such circumstances, we will of affirmatively seeking out and testing all lion per life saved). Id. at 29,484. not disturb the agency’s decision to ban possible substitutes, when an interested We have little to add in this area, beyond products that no longer are being produced party comes forward with credible evidence our general discussion and comments on in or imported into the United States. that the planned substitutes present a sig- other products apart from a brief highlight [38] Similarly, we also decide that the EPA nificant, or even greater, toxic risk than the of the EPA’s use of analogous exposure data properly can attempt to promulgate a ‘‘clean substance in question, the agency must to support its gasket ban. For these prod- up’’ ban under TSCA, providing it takes the make a formal finding on the record that its ucts, the analogous exposure estimate con- proper steps in doing so. A clean-up ban, like proposed action still is both reasonable and stituted almost eighty percent of the antici- the asbestos ban in this case, seeks to ban all warranted under TSCA. pated total benefits—a proportion so large uses of a certain toxic substance, including We regret that this matter must continue that the EPA’s duty to give interested par- unknown, future uses of the substance. Al- to take up the valuable time of the agency, ties notice that it intended to use analogous though there is some merit to petitioners’ parties and undoubtedly, future courts. The exposure estimate was particularly acute.27 argument that the EPA cannot possibly requirements of TSCA, however, are plain, Considering some of the EPA’s support for evaluate the costs and benefits of banning and the EPA cannot deviate from them to its analogous exposure estimates—such as unknown, uninvented products, we hold that reach its desired result. We therefore its assumption that none of the same work- the nebulousness of these future products, GRANT the petition for review, VACATE the ers who install beater-add and sheet gaskets combined with TSCA’s language authorizing EPA’s proposed regulation, and REMAND to ever is involved in repairing or disposing of the EPA to ban products that ‘‘will’’ create the EPA for further proceedings in light of them, and the unexplained discrepancy be- a public risk, allows the EPA to ban future this opinion.28 tween its present conclusion that over 50,000 uses of asbestos even in products not yet on On Petition for Review of a Rule of the En- workers are involved in this area and its 1984 the market. vironmental Protection Agency. ON MOTION FOR CLARIFICATION estimate that only 768 workers are in volved E in ‘‘gasket removal and installation,’’ see 51 Before BROWN, SMITH, and WIENER, Cir- Fundamental EPA Choices Fed.Reg. 22,612, 22,665 (1986)—the petitioners’ cuit Judges. complaint that they never were afforded the Finally, we note that there are many other PER CURIAM: opportunity to comment publicly upon these issues raised by petitioners, such as the [39] Respondents, the Environmental Pro- figures, or to cross-examine any EPA wit- EPA’s decision to treat all types of asbestos tection Agency (EPA) and William K. Reilly, nesses regarding them, is particularly tell- the same, its conclusion that various lengths seek a clarification of the status of the phase ing. of fibers present similar toxic risks, and its 1, or stage 1, provisions in the challenged [37] The EPA also banned roof coatings, decision that asbestos presents similar risks rule, which provisions ban, effective August roof shingles, non-roof coatings, and asbestos even in different industries. See generally 54 27, 1990, the manufacture, importation, and paper products. Again, we have little to add Fed.Reg. at 29,470–71 (detailing differences in processing of asbestos containing corrugated beyond our discussions already concluded, potency of chrysotile and other forms of as- and flat sheet, asbestos clothing, flooring especially regarding TSCA’s requirement bestos and toxicity of various fiber lengths). felt, pipeline wrap, roofing felt, and vinyl/as- that the EPA always choose the least bur- We mention these concerns now only to re- bestos floor tile, and any new uses of asbes- densome alternative, whether it be work- ject them. tos. See 40 C.F.R. §§ 763.165(a)–.167(a). The place regulation, labeling, or only a partial Of these, any many similar points, the pe- rule also requires labeling of phase 1 prod- ban. We note, however, that in those cases in titioners merely seek to have us reevaluate ucts after August 27, 1990, see id. § 763.171(a), which a complete ban would save less than the EPA’s initial evaluation of the evidence. and prohibits the distribution in commerce one statistical life, such as those affecting While we can, and in this opinion do, ques- of such products after August 27, 1992, see id. asbestos paper products and certain roofing tion the agency’s reliance upon flawed meth- § 763.169(a). See Corrosion Proof Fittings v. materials, the EPA has a particular need to odology and its failure to consider factors EPA, 947 F.2d 1201, 1208 & n. 2 (5th Cir. 1991). examine the less burdensome alternatives to and alternatives that TSCA explicitly re- Respondents assert that the clarification is a complete ban. quires it to consider, we do not sit as a regu- needed because, in part V.D of our opinion, Where appropriate, the EPA should con- latory agency ourselves. Decisions such as id. at 1228–29, we have held that the EPA may sider our preceding discussion as applicable the EPA’s decision to treat various types of ‘‘ban products that once were, but no longer to their bans of these products. By following asbestos as presenting similar health risks are, being produced in the United States.’’ the dictates of Chemical Mfrs. Ass’n, 899 F.2d properly are better left for agency deter- Thus, the motion seeks clarification of the at 359, that the quantities of the regulated mination and, while the EPA is free to re- status of any products that still were being chemical entering into the environment be consider its data should it so choose when it manufactured, imported, or processed on ‘‘substantial,’’ and that the human exposure revisits this area, it also is free to adopt July 12, 1989, which is the date on which the to the chemical also must be ‘‘substantial’’ similar reasoning in the future. final rule was issued, see 54 Fed. Reg. 29,459 or ‘‘significant,’’ as well as our concerns ex- VI (1989), but which no longer were being manu- factured, imported, or processed, as a result pressed in this opinion, the EPA should be Conclusion able to determine the proper procedures to of the phase 1 ban, on the date of our opin- In summary, of most concern to us is that follow on its reconsideration of its rule and ion, which is October 18, 1991. the EPA has failed to implement the dictates present the cogent explanation of its actions The motion for clarification is GRANTED. of TSCA and the prior decisions of this and as required under Chemical Manufacturers As- The holding in part V.D of our opinion ap- other courts that, before it impose a ban on sociation. plies only to products that were not being a product, it first evaluate and then reject manufactured, imported, or processed on D the less burdensome alternatives laid out for July 12, 1989, the date of the rule’s promulga- Ban of Products Not Being Produced in the it by Congress. While the EPA spend much tion. To the extent, if any, that there is United States time and care crafting its asbestos regula- doubt as to whether particular products are Petitioners also contend that the EPA tion, its explicit failure to consider the al- in that category, the EPA may resolve the overstepped TSCA’s bounds by seeking to ternatives required of it by Congress de- factual dispute on remand. ban products that once were, but no longer prived its final rule of the reasonable basis it 1. OSHA began to regulate asbestos in the are, being produced in the United States. We needed to survive judicial scrutiny. workplace in 1971. At that time, the permis- find little merit to this claim, considering Furthermore, the EPA’s adoption of the sible exposure limit was 12 fibers per cubic that sections 5 and 6 of TSCA allow the EPA analogous exposure estimates during the centimeter (f/cc), which OSHA lowered sev- to ban a product ‘‘that presents or will final weeks of its rulemaking process, after eral times until today it stands at 0.2 f/cc. present’’ a significant risk. (Emphasis added.) public comment was concluded, rather than OSHA currently is considering lowering the Although petitioners correctly point out during the ten years during which it was limit to 0.1 f/cc, following a challenge to the that the value of a product not being pro- considering the asbestos ban, was unreason- regulation in Building & Constr. Trades Dep’t duced is not zero, as it may find some future able and deprived the petitioners of the no- v. Brock, 838 F.2d 1258, 1267–69 (D.C. Cir. 1988). use, and that the EPA here has banned items tice that they required in order to present The Mine Safety and Health Administration where the estimated risk is zero, this was their own evidence on the validity of the es- (MSHA) since 1976 has limited mine worker not error on the part of the EPA. The num- timates and its data bases. By depriving the asbestos exposure to 2 f/cc. See 30 C.F.R. bers appear to favor petitioners only because petitioners of their right to cross-examine § 71.702 (1990). even products with known high risks tempo- EPA witnesses on methodology and data The Consumer Product Safety Commission rarily show no risk because they are not part used to support as much as eighty percent of (CPSC) has banned consumer patching com- of this country’s present stream of com- the proposed benefits in some areas, the EPA pounds containing respirable asbestos, see 16 merce. This would soon change if the also violated the dictates of TSCA. C.F.R. §§ 1304–05 (1990), and also requires la- produce returned, which is precisely what Finally, the EPA failed to provide a rea- beling for other products containing res- the EPA is trying to avoid. sonable basis for the purported benefits of its pirable asbestos. Similarly, the Food and

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10206 CONGRESSIONAL RECORD — SENATE July 18, 1995 Drug Administration has banned general-use rights to pursue its own claim. That case, trary and capricious to substantial evidence, garments containing asbestos unless used for however, involved the APA, which, unlike ‘‘[i]t is generally accepted that the latter protection against fire. See 16 C.F.R. § 1500.17 TSCA, does not confine itself to matters con- standard allows for ‘a considerably more (1990). cerning national economic interests. generous judicial review’ than does the 2. The main products covered by each ban 8. The Canadian petitioners also allege former.’’ Id. (quoting Abbott Laboratories, 387 stage are as follows: that United States treaty obligations, such U.S. at 143, 87 S.Ct. at 1512). Considering that (1) Stage 1: August 27, 1990: ban on asbes- as the provisions of the General Agreement Congress specifically rejected the arbitrary tos-containing floor materials, clothing, on Tariffs and Trade (GATT), award them and capricious standard in the TSCA con- roofing felt, corrugated and flat sheet mate- the right to protest the EPA’s actions. GATT text, we will not act now to read that same rials, pipeline wrap, and new asbestos uses; requires nations to indicate that their envi- standard back in by holding that the two (2) Stage 2: August 25, 1993: ban on asbes- ronmental decisions meet international standards are in fact one and the same. tos-containing ‘‘friction products’’ and cer- standards, thus preventing countries from 14. Cf. Southland Mower Co. v. CPSC, 619 tain automotive products or uses; using arbitrary environmental rulings as de F.2d 499, 510 (5th Cir. 1980) (‘‘It must be re- (3) Stage 3: August 26, 1996: ban on other facto trade barriers. GATT, however, estab- membered that ‘[t]he statutory term ‘‘unrea- asbestos-containing automotive products or lishes trade dispute procedures of its own. sonable risk’’ presupposes that a real, and uses, asbestos-containing building materials These Canadian parties therefore have no not a speculative, risk be found to exist and including non-roof and roof coatings, and as- standing here to challenge the EPA’s deci- that the Commission bear the burden of dem- bestos cement shingles. sion. onstrating the existence of such a risk before See 54 Fed. Reg. at 29,461–62. 9. These complaints include the failure of proceeding to regulate.’ ’’ (Citation omit- 3. See Bell v. Wolfish, 441 U.S. 520, 531 n. 13, the EPA to cross-examine petitioners’ wit- ted.)). 99 S.Ct. 1861, 1870 n. 13, 60 L.Ed.2d 447 (1979). nesses, which it was not required to do, and 15. The statute provides, in order, the pos- While it is true that the joint brief of peti- the EPA’s decision not to designate an AIJ, sible regulatory schemes as follows: (1) A requirement (A) prohibiting the man- tioners Centrale des Syndicats which also was within its discretion under 40 ufacturing, processing, or distribution in Democratiques, Confederation des Syndicats C.F.R. §§ 750.7 and 750.8 (1990). Similarly, the Nationaux, and United Steel Workers of commerce of such substance or mixture, or EPA’s failure to issue subpoenas was of little (B) limiting the amount of such substance or America (Canada) (collectively along with moment, as the petitioners in fact suffered petitioner Cassiar Mining Corp. (Cassiar), mixture which may be manufactured, proc- no injury from the lack of subpoenas. See id. essed, or distributed in commerce. the ‘‘Canadian petitioners’’) also deal with § 750.5. (2) A requirement— some of the same issues raised by amici, we We also note that while an independent (A) prohibiting the manufacture, proc- hold in part II.B, infra, that these petitioners panel of experts often might be needed, in essing, or distribution in commerce of such lack standing. The arguments of amici can- this case the EPA was not required to assem- substance or mixture for (i) a particular use not be bootstrapped into this case based ble such a panel on asbestos disease risks, as or (ii) a particular use in a concentration in upon the arguments of petitioners who them- it already possessed an abundance of infor- excess of a level specified by the Adminis- selves lack standing. mation on the subject, including a report by trator in the rule imposing the requirement, 4. The EPA also seeks to bar the brief of the members of the Ontario Royal Commis- or Grinnell College. That brief, however, pre- sion, a study often cited by the petitioners (B) limiting the amount of such substance sents arguments directly related to the argu- themselves. Considering the number of stud- or mixture which may be manufactured, ments raised by the parties seeking to pre- ies available, the EPA was not required to processed, or distributed in commerce for (i) vent the ban of asbestos shingles. assemble its own panel to duplicate them, a particular use or (ii) a particular use in a 5. Association of Data Processing Serv. Orgs. except to fill in any gaps. concentration in excess of a level specified v. Camp, 397 U.S. 150, 153, 90 S.Ct. 827, 829, 25 10. According to the EPA, if the analogous by the Administrator in the rule imposing L.Ed.2d 184 (1970); accord Panhandle Producers exposure estimates were not included, the the requirement. & Royalty Owners Ass’n v. Economic Regu- benefits of the rule would decrease from 168 (3) A requirement that such substance of latory Admin., 847 F.2d 1168, 1173–74 (5th Cir. to 120 deaths avoided, discounted at 3%. 54 mixture or any article containing such sub- 1988); Hazardous Waste Treatment Council v. Fed. Reg. at 29,469, 29,485. The analogous ex- stance or mixture be marked with or accom- EPA, 861 F.2d 277, 282 (D.C.Cir. 1988) (per cu- posure estimates, adopted after hearings panied by clear and adequate warnings and riam), cert. denied, 490 U.S. 1106, 109 S.Ct. were concluded, thus increase the purported instructions with respect to its use, distribu- 3157, 104 L.Ed.2d 1020 (1989). We note that the benefits of the rule by more than one-third. tion in commerce, or disposal or with respect zone of interest test is not one universally 11. For some of the products, such as the to any combination of such activities. The applied outside the context of the Adminis- beater-add and sheet gaskets, the analogous form and content of such warnings and in- trative Procedure Act (APA), see Clark v. Se- exposure analysis completely altered the structions shall be prescribed by the Admin- curities Indus. Ass’n. 479 U.S. 388, 400, n. 16, 107 EPA’s calculus and multiplied four- or five- istrator. S.Ct. 750, 757 n. 16, 93 L.Ed.2d 757 (1987), but fold the anticipated benefits of the proposed (4) A requirement that manufacturers and because it is the most useful factor in con- regulation. This was a change sufficient to processors of such substance or mixture sidering Congressional intent on the ques- make the proceedings unfair to the peti- make and retain records of the processes tion of standing, we invoke it as an aid to tioners and was of sufficient importance that used to manufacture or process such sub- stance or mixture and monitor or conduct our decisionmaking today, as we sometimes the EPA’s failure to afford any cross-exam- tests which are reasonable and necessary to have in the past. Cf. Moses v. Banco Mortgage ination on this issue was an abuse of discre- assure compliance with the requirements of Co., 778 F.2d 267, 271 (5th Cir. 1985). tion. 6. See, e.g., Carey v. Population Serv. Int’l. 12. The term ‘‘rulemaking record’’ means any rule applicable under this subsection. (5) A requirement prohibiting or otherwise 431 U.S. 678, 683–84 & n. 4, 97 S.Ct. 2010, 2015 (A) the rule being reviewed; (B) all com- regulating any manner or method of com- & n. 4, 52 L.Ed.2d 675 (1977); National Cotton- mentary received in response to the (EPA) mercial use of such substance or mixture. seed Prods. Ass’n v. Brock, 825 F.2d 482, 489–92 Administrator’s notice of proposed rule- (6) (A) A requirement prohibiting or other- (D.C.Cir. 1987), cert. denied, 485 U.S. 1020, 108 making, and the Administrator’s own pub- wise regulating any manner or method of S.Ct. 1573, 99 L.Ed.2d 889 (1988); FAIC Sec. v. lished statement of the effects of exposure of disposal of such substance or mixture, or of United States, 768 F.2d 352, 357–61 (D.C.Cir. the substance on health and the environ- any article containing such substance or 1985). Carey, however, gives jus tertii standing ment, the benefits of the substance for var- mixture, by its manufacturer or processor or to a party only if the party directly affected ious uses and the availability of substitutes by any other person who uses, or disposes of, is incapable of asserting its own interests, for such uses, and ‘‘the reasonably ascertain- it for commercial purposes. which is not true in the instant case. See able economic consequences of the rule’’ on (B) A requirement under subparagraph (A) Carey, 431 U.S. at 683–84, 97 S.Ct. at 2015; ac- the national economy, small business, tech- may not require any person to take any ac- cord Craig v. Boren, 429 U.S. 190, 195–96, 97 nological innovation, the environment, and tion which would be in violation of any law S.Ct. 451, 456, 50 L.Ed.2d 397 (1976). The cases public health; (C) transcripts of hearings on or requirement of, or in effect for, a State or from the District of Columbia Circuit, rep- promulgation of the rule; (D) written sub- political subdivision, and shall require each resented by National Cottonseed and FAIC Se- missions of interested parties; and (E) any person subject to it to notify each State and curities, appear to go too far in expanding the other information the Administrator deems political subdivision in which a required dis- exception in the vendor-vendee relationship, relevant. See 15 U.S.C. § 2618(a)(3) (referring posal may occur of such disposal. at least when evaluating a statute so purely to §§ 2604(f) and 2605(c)(1) in regard to compo- (7) A requirement directing manufacturers national in scope. nent (B) above). or processors of such substance or mixture 7. See Warth, 422 U.S. at 501, 95 S.Ct. at 2206 13. The EPA cites Superior Oil Co., 563 F.2d (A) to give notice of such unreasonable risk (noting that courts generally are relucant at 199, an APA case, for the proposition that of injury to distributors in commerce of such ‘‘to extend judicial power when the plain- in informal rulemaking, the arbitrary and substance or mixture and, to the extent rea- tiff’s claim to relief rests on the legal rights capricious standard and the substantial evi- sonably ascertainable, to other persons in of third parties’’). Cassiar mentions only one dence standard ‘‘tend to converge.’’ While it possession of such substance or mixture or case, Construction Civiles de Centroamerica, certainly is true that the requirement of exposed to such substance or mixture, (B) to S.A. v. Hannah, 459 F.2d 1183, 1190–91 (D.C.Cir. substantial evidence within formal rule- give public notice of such risk of injury, and 1972), in which a foreign vendor was able to making is more strenuous, we acknowledged (C) to replace or repurchase such substance borrow its domestric vendee’s standing in Superior Oil that when comparing arbi- or mixture as elected by the person to which

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10207 the requirement is directed. 15 U.S.C. To some extent, our inquiry in this area mir- forcement of regulations is better enforce- § 2605(a). As is plain from the order in which rors that used above, for many of the meth- ment, not more burdensome alternative solu- they are listed, options at the top of the list odological problems we have noted also indi- tions under TSCA. are the most burdensome regulatory options, cate that the EPA did not have a reasonable 23. See Environmental Defense Fund, 636 F.2d progressively declining to the least burden- basis. We here take the opportunity to high- at 1275 n. 17 (‘‘[W]e must construe the statute some option. light some areas of additional concern. ‘so that no provision will be inoperative or 16. EPA argues that OSHA can only deal 18. Recently, in a different context, we ob- superfluous’ ’’ (quoting Motor & Equip. M[rs. with workplace exposures to asbestos and served the important distinction between Ass’n v. EPA, 627 F.2d 1095, 1108 (D.C.Cir. that the CPSC and MSHA cannot take up the present and future injury. See Willett v. Bax- 1979), cert. denied, 446 U.S. 952, 100 S.Ct. 2917, slack, as the CPSC can impose safety stand- ter Int’l, Inc., 929 F.2d 1094, 1099–1100 & n. 20 64 L.Ed.2d 808 (1980))); see also Old Colony R.R. ards for asbestos products based only upon (5th Cir.1991). v. Commissioner, 284 U.S. 552, 560, 52 S.Ct. 211, the risk to consumers, and MSHA can pro- 19. We also note that the EPA chose to use 213, 76 L.Ed. 484 (1932) (in interpreting statu- tect against exposure only in the mining and a real discount rate of 3%. Because histori- tory language, ‘‘the plain, obvious and ra- milling process. These agencies leave cally the real rate of interest has tended to tional meaning of a statute is to be preferred unaddressed dangers posed by asbestos expo- vary between 2% and 4%, this figure was not to any curious, narrow, hidden sense’’). sure through product repair, installation, inaccurate. As the petitioners point out, the EPA regu- wear and tear, and the like. The EPA also did not err by calculating larly rejects, as unjustified, regulations that 17. Although we, as always, rely mainly that the price of substitute goods is likely to would save more lives at less cost. For exam- upon the language of the statute to deter- decline at a rate of 1% per year, resulting ple, over the next 13 years, we can expect mine Congress’s intent, we also note that the from economies of scale and increasing man- more than a dozen deaths from ingested legislative history of TSCA supports the no- ufacturing prowess. Because the EPA prop- toothpicks—a death toll more than twice tion of TSCA’s least-to-most-burdensome hi- erly limited the scope of these declines in its what the EPA predicts will flow from the erarchy. As the Senate sponsor of the ‘‘least models so that the cost of substitutes would quarter-billion-dollar bans of asbestos pipe, burdensome’’ requirement stated, Congress not decline so far as to make the price of the shingles, and roof coatings. See L. Budnick, did ‘‘not want to give the Administrator un- substitutes less than the cost of the asbestos Toothpick-Related Injuries in the United States, limited authority and let him say, ‘I will im- they were forced to replace, this was not an 1979 Through 1982, 252 J. Am. Med. Ass’n, pose this control, if there are other controls unreasonable real rate of price decline to Aug. 10, 1984, at 796 (study showing that that are effective and are less burdensome on adopt. toothpick-related deaths average approxi- the industry.’ ’’ 122 Cong. Rec. 8295 (1976) 20. We thus reject the arguments made by mately one per year). (statement of Sen. Cannon). the Natural Resources Defense Council, Inc., 24. In large part, our analysis draws upon In addition, the EPA itself acknowledges and the Environmental Defense Fund, Inc., our general discussion already concluded. this hierarchy when it states in its brief that that the EPA’s decision can be justified be- Where necessary, however, we develop spe- ‘‘TSCA authorizes and directs [the] EPA to cause the EPA ‘‘relied on many serious risks cific themes more appropriately addressed in impose that burden [of a total ban] if the that were understated or not quantified in the context of a specific product. The EPA risks of a substance cannot be adequately ad- the final rule,’’ presented figures in which on subsequent review should consider these dressed in another way.’’ (Emphasis added.) the ‘‘benefits are calculated only for a lim- specific comments as applicable to its proce- The EPA does not explain how it can deter- ited time period,’’ and undercounted the dures dealing with other products, where mine that the risks of a substance cannot be risks to the general population from low- necessary. In other words, by presenting a addressed in another way if it refuses to level asbestos exposure. In addition, the in- concern in the context of one product, we do make a finding that the alternatives will not tervenors argue that the EPA rejected using not mean to imply that it arises only in that discharge the EPA’s TSCA burden. It cannot upper estimates, see 54 Fed.Reg. at 29,473, and area. simply state that there is no level of zero that this court now should use the rejected 25. One of the study’s authors, Mr. Ander- risk asbestos use and then impose the most limits as evidence to support the EPA. They son, submitted written testimony that the burdensome alternative on that sole basis. thus would have us reject the upper limit ‘‘replacement/substitution of asbestos-based We do not today determine what an appro- concerns when they are not needed, but use with nonasbestos brake linings will produce priate period for the EPA’s calculations them if necessary. grave risks’’ and that ‘‘the expected increase would be, as this is a matter better left for We agree that these all are valid concerns of skid-related highway accidents and result- agency discretion. See Motor Vehicle Mfrs. that the EPA legitimately should take into ant traffic deaths would certainly be ex- Ass’n 463 U.S. at 53, 103 S.Ct. at 2872. We do account when considering regulatory action. pected to overshadow any potential health- note, however, that the choice of a thirteen- What we disagree with, however, is the man- related benefits of fiber substitution.’’ The year period is so short as to make the ner in which the EPA incorporated these ASME report itself concludes only that ‘‘[i]f unquantified period so unreasonably large concerns. By not using such concerns in its the eventual elimination of all asbestos in that any EPA reliance upon it must be dis- quantitive analysis, even where doing so was friction products is to be accomplished, addi- placed. not difficult, and reserving them as addi- tional future studies are required.’’ This is Under the EPA’s calculations, a twenty- tional factors to buttress the ban, the EPA an insufficient basis upon which to support year-old worker entering employment today improperly transformed permissible consid- the EPA’s judgment that non-asbestos still would be at risk from workplace dan- erations into determinative factors. brakes are just as safe as asbestos brakes. gers for more than thirty years after the 21. This is not to say that an interested 26. In this case, the EPA extrapolated data EPA’s analysis period had ended. The true party can introduce just any evidence of a regarding asbestos exposure during installa- benefits of regulating asbestos under such suspected carcinogen or other toxin in its ef- tion of asbestos pipe products and estimated, calculations remain unknown. The EPA can- forts to slow down a valid EPA regulation. by formula, how often workers would be ex- not choose to leave these benefits high and The agency may, within its discretion, con- posed to asbestos during repair and disposal. then use the high unknown benefits as a sider the probable merits of such dilatory 27. The EPA estimates drop from 32.24 dis- major factor justifying EPA action. tactics and act appropriately. Cf. National counted lives to 6.68 discounted lives without We also note that the EPA appears to place Grain & Feed Ass’n, 866 F.2d at 734 (‘‘[W]e do the analogous exposure data. too great a reliance upon the concept of pop- not require the agency to respond in detail 28. Pursuant to the Internal Operating Pro- ulation exposure. While a high population to every imaginable proposal for tighter cedures accompanying Fifth Cir.Loc.R. 47, exposure certainly is a factor that the EPA standards.’’). Where, however, the health Judge Brown reserves the right to file a sep- must consider in making its calculations, risks of substitutes, such as non-asbestos arate opinion. the agency cannot count such problems more brakes and polyvinyl chloride (PVC) pipe, Mr. GLENN addressed the Chair. than once. For example, in the case of asbes- are both plausible and known, the EPA must The PRESIDING OFFICER. The Sen- tos brake products, the EPA used factors consider not only the probable costs of con- ator from Ohio. such as risk and exposure to calculate the tinued use of the product it is considering, Mr. GLENN. Mr. President, we will probable harm of the brakes, and then used, but also the harm that would follow from its be having the vote on the Glenn-Chafee regulation and increased use of an alternate, as an additional reason to ban the products, substitute after our respective con- he fact that the exposure levels were high. harmful product. Considering that calculations of the probable 22. We note that at least part of the EPA’s ferences today at noon. I have several harm level, when reduced to basics, simply arguments rest on the assumption that regu- wrap-up remarks I want to make before are a calculation of population risk multi- lation will not work because the federal gov- we do break at 12:30. plied by population exposure, the EPA’s re- ernment will not adequately enforce any The first thing I want to address is dundant use of population exposure to jus- workplace standards that the EPA might each day now we heard examples from tify its actions cannot stand. promulgate. This is an improper assumption. proponents of Dole-Johnston about 3. Reasonable Basis. The EPA should assume reasonable efforts how silly some of these regulations are, In addition to showing that its regulation by the government to implement its own is the least burdensome one necessary to regulations. A governmental agency cannot and I agree with that. We have a lot protect the environment adequately, the point to how poorly the government will im- that are very, very silly. I believe we EPA also must show that it has a reasonable plement regulations as a reason to reject have bureaucratic excess. We need reg- basis for the regulation. 15 U.S.C. § 2605(a). regulation. Rather, the solution to poor en- ulatory reform, and there are plenty of

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10208 CONGRESSIONAL RECORD — SENATE July 18, 1995 anecdotal stories to go around about 1 per year for the whole Nation out of First, the Glenn-Chafee substitute fo- what the problems are. our 260 million people, or close to that cuses on truly major rules. We require But I do not think we need to make many. In 1988, EPA released a report truly significant rules—it will be be- our Government look any more stupid that estimated that 4,280 people have tween 100 and 200 rules per year—to go than it actually is, in some instances, died over the past 130 years due to as- through rigorous cost-benefit analyses and some of the things that have been bestos in the buildings in which they and risk assessment requirements. stated as silly regulations have proven, live. That averages out to more than 30 Even though we voted to amend the upon investigation, to be not true. We deaths a year. threshold of a major rule to $100 mil- do not need reform based on half truths According to EPA, this is actually a lion in the Dole-Johnston substitute, and inaccuracies. Many of these stories low estimate because many more as- we also voted to require any rule that have been shown to be not true or are, bestos-related deaths can be expected has a significant impact on small busi- at least, serious exaggerations. for building workers, such as nesses to go through the rigorous cost- Let me give an example. The other custodians who are exposed at much benefit analyses and risk assessment day I believe the Senator from Utah higher levels. So here, again, we have requirements. said that if a company spills 1 pint of the facts that show that the pro- ponents are distorting the truth and re- Therefore, the Dole-Johnston sub- antifreeze, the Federal Government re- stitute bill will still cover several hun- quires it to notify the Coast Guard in lying on inaccurate anecdotal stories to create a false image of our Govern- dred more rules than the Glenn-Chafee Washington. That is simply not true. substitute and will tie up scarce agen- The main ingredient of antifreeze is ment. Sure, we want reform. Yes, Govern- cy resources with little added benefit. ethylene glycol. It is covered by the In fact, the estimate is this will run it Clean Air Act because of its high evap- ment needs to work better, but let us be reasonable. Let us use common up to somewhere between 500 and 800 oration rate. According to EPA, you regulations that would have to be re- have to spill over 1,000 pounds of anti- sense. We do not need to make up sto- ries about the Government working viewed per year. These are not cheap to freeze to have to report an ethylene do. glycol spill; 1,000 pounds comes out to against the public interest and then about 140-some gallons, 143 or 144 gal- end up throwing out the baby with the Alice Rivlin estimated that when it lons, I believe. That would be almost bath water, as my colleague from Cali- was at a $50 million estimate, that we three barrels of ethylene glycol that fornia, Senator FEINSTEIN, put it yes- would require an additional $1.3 billion would have to be spilled. terday. Let us not jeopardize public and 4,500 additional full-time employ- If you did spill that much, you are health and safety with scare stories of ees. Now this is run up several times supposed to report it to the National bureaucratic excess. Too much is at over that, and I would presume that Response Center, which is staffed by stake to justify such callous disregard $1.3 billion per year is going to be ex- Coast Guard personnel as part of a for the public interest or the truth. ceeded by the requirements that we Mr. President, regulatory reform is multiagency support for that Center. It find in the Dole-Johnston substitute one of the most important issues we is not just reporting to the Coast now. are going to take up this whole Con- Guard. But the facts of the case are, it That was not in the original bill, I re- gress. There is clearly a need to reform is 1,000 pounds and you report it to this alize, but it was voted on the floor, and the regulatory process. We can all tell Center, which is staffed by Coast Guard the horror stories of regulations gone as of now the small businesses going personnel as part of a multiagency sup- awry, but before we rush to fix a prob- through the rigorous cost-benefit anal- port force. lem with even worse medicine, let us yses and risk assessment requirements There was also a claim made the take a hard look at what balanced, will run the cost and complexity of this other day that Federal rules prevent a fair, and effective regulatory reform is way up. farmer from diverting water from a all about. Our goal should not be to swamp the river, even when the farm drains back I believe that regulatory reform must agencies so they are unable to carry into the same river, and this happened not only alleviate unnecessary burdens out their missions. Whether that mis- despite the involvement, I guess the on businesses and on States and on sion be to protect the health, safety, or story goes, even with the approval of local governments and on individuals, environment or another important the BLM, the Forest Service, and the but at the same time it must also en- public function, our goals should be to State government. sure the Government’s ability to pro- help them do their jobs more effec- I never saw any substantiation for tect the health, safety, and environ- tively. We should require these rig- this story, but I do believe that while ment of the American people. That is orous cost-benefit analyses and risk as- the water diversion problem may have my twofold test. That is a test of bal- sessments for the rules that have a sig- existed during past administrations ance that is in the best interest of all nificant impact on the economy, not when they allowed wetlands regula- the people of this country. for all the rules now covered by S. 343. tions to be divided among agencies Today, we have an opportunity to That is why a vote for the Glenn- with no coordination, that is not the vote for true regulatory reform, reform Chafee substitute is a vote for com- case now. The Clinton administration that focuses on the biggest regulations, monsense reform. uses an interagency memorandum of that makes agencies weigh the costs Second, the Glenn-Chafee substitute understanding that provides for coordi- and benefits of their actions, that requires cost-benefit analysis for all nation among agencies, that provides makes agencies take a hard look at the major rules, but does not make the for farmers and ranchers to interact regulations on the books. At the same agencies pass a least-cost, cost-benefit with only one agency, and provides a time, we have the opportunity to vote test. That is its decisional criteria, be- single set of guidelines coming out for reform that maintains the ability fore issuing rules. Costs and benefits from the Government. Once again, of agencies to do their jobs. That is are often hard to quantify and cost- there is a new approach to this being commonsense reform, and the Glenn- benefit analysis, while useful, is less taken by this administration that Chafee substitute to S. 343 is pure com- than perfect. It is a developing science. makes the anecdotal information at, mon sense. very best, an exaggeration. Let me outline six major differences The Dole-Johnston substitute re- Another example of distortion was between the Glenn-Chafee substitute quires agencies to pass a set of four the claim that EPA insists on regu- and the Dole-Johnston substitute. I rigid tests before they can issue a lating asbestos even when it says that hope those listening in their offices, major rule. Most troubling of these cri- the number of annual deaths from those who may not have decided how teria is the least-cost test. The agency toothpick ingestion exceeds the num- they are going to vote yet after our must pick the cheapest alternative, ber of deaths from asbestos exposure. noon break, will listen to these things even if for a few more dollars it could This proves to be just flat wrong. and consider them very, very carefully, save hundreds of more lives or reduce According to EPA, a 1984 American because these are major reasons why I pollution by a much greater amount. Medical Association study showed that feel you should support the Glenn- In other words, common sense goes out toothpick-related deaths average about Chafee substitute. the door on this approach. It has to be

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10209 least cost. Examples on the floor were a rule does not sunset arbitrarily. The The Senator from Louisiana stated given. If you had an additional cost of agency must then complete this rule- that the schedule for review of rules is $2, and it would save an additional 200 making action within 2 years, and such in the sole discretion of the agency. lives, you could not put that into effect action is judicially reviewable. This is misleading. We use the phrase because you have to use least cost in Also, an annual process is established ‘‘sole discretion’’ to stop industries and the Dole-Johnston substitute as it is for Congress to amend agency review others from litigating what and when now constituted. schedules in cases where an agency rules should be reviewed. If interested Dole-Johnston does allow agencies to does not schedule review of rules peo- parties have complaints about rules use other more costly alternatives, but ple think are in need of review. This not getting on the schedule, there is a only in the case of ‘‘scientific uncer- process will lead to the review and specific process allowing annual tainties,’’ or ‘‘nonquantifiable bene- elimination of outmoded rules. Dole- amendments and additions to any fits.’’ So if the agency is certain about Johnston, with its review petition schedule through Congress. If any a benefit or can quantify how much process, will lead to delay, waste of groups of constituents feel that an im- extra benefit they gain by using some- money, and lawsuits. Let me reempha- portant rule is being ignored by agen- thing other than the least-cost alter- size these points and set the record cies, this is the politically accountable native, they are prohibited from doing straight from yesterday. All the way to handle that problem. We should it. That just does not make any sense charges that our agency review of ex- not add to the litigation explosion, the at all. isting rules has no teeth are just not litigation burden that would otherwise Because these decisional criteria are true. Under Glenn-Chafee, agencies be created through Dole-Johnston. tests that the agency must pass before must review existing rules and solicit Fourth, the Glenn-Chafee substitute promulgating a rule, the issue of public comment on the review and on is not a lawyer’s dream. We allow for whether the benefits really do justify the schedule. Agencies just cannot sit judicial review of, one, the determina- the costs and whether the agency back and do nothing about reviewing tion of a major rule and, two, whether picked the least-cost alternative will existing rules under the Glenn-Chafee a final rule is arbitrary and capricious certainly become matters for the law- substitute, as some of my colleagues in light of the whole rulemaking file. yers to settle in court. said yesterday. Glenn-Chafee requires We do not allow separate challenges of Agencies should absolutely be re- agencies to review existing rules, to set the procedures of cost-benefit analysis quired to use cost-benefit analysis. I a schedule for that review, to solicit or risk assessment. think we all agree on that. But they input from the public, and to complete The Dole-Johnston bill has much should not be forced to pass a rigid that review within a time certain. more judicial review which can be in- least-cost, cost-benefit test to issue The Dole-Johnston substitute creates terpreted to allow a review of proce- every major rule. If an agency does not a petition process for interested parties dural compliance with analyses and as- think a rule’s benefits justify its costs, to get a rule on the schedule for re- sessments. but still is required by law to issue view. These petitions are all judicially Senator JOHN KERRY of Massachu- that rule, the rule should come back to reviewable and there is no limit on the setts, yesterday, had a list of 88 dif- us in Congress. That is where the re- number of petitions; there can be hun- ferent points of judicial review. That sponsibility lies, and that is what we dreds, there can be thousands. The was taken from a longer list, as I un- provide in this legislation. It can come agency has two options. If the agency derstand it, of 144 that one of the agen- back to Congress, and that is where it grants the petition, it has to complete cies said, as they interpret the bill as should be, because after all, as much as the review of that rule within 3 years, now proposed under Dole-Johnston— 80 percent of agency rules are strictly or the rule sunsets. If they deny the pe- they could find 144 separate areas required by laws we have passed in the tition, they can get dragged to court. where there could be judicial review. Congress. I keep coming back to this It seems to me that puts the agency be- We have it here, and if I have time, I point, but the plain truth is that if we tween a rock and a hard place—3 years will read it. But under S. 343, this is really want regulatory reform, we or the courthouse. It also seems to me one where OSHA has about 15 different should start fixing the laws we have that these petitions put interested par- places that they—more than that; it is passed, not load up the agencies and ties, like the regulated businesses, not about 30 different places where OSHA the American people with more bureau- the agencies, in the driver’s seat. says they can see there would be judi- cratic procedures and more litigation. The Glenn-Chafee substitute has an cial review, as they view it, unneces- That is what Dole-Johnston does. enforcement mechanism to make sure sarily, where things could just be tied Third, the Glenn-Chafee substitute agencies review rules, contrary to what up in court. I will get to that if I have provides for a review of current rules— we heard yesterday. Under Glenn- time for it a little bit later. in other words, laws, rules, regs, that Chafee, agencies must publish a sched- I think it is important to remember are in effect now, maybe some have ule to review rules. That is a require- that S. 343 has many more provisions been in effect for many years—but with ment that is judicially reviewable. for judicial review than what is found no automatic arbitrary sunset if agen- Agencies cannot just sit on their hands in section 625, the section the Senator cies fail to review a rule. and not review rules. If an agency, from Louisiana kept coming back to We provide for review of existing upon review, decides to amend or re- yesterday. The Dole-Johnston sub- rules, much like the Dole-Johnston peal a rule, it must do so within 2 stitute creates numerous new positions bill, but we do not have an automatic years, and that is judicially reviewable. that are judicially reviewable. It immediate sunset of rules if an agency If an agency does not complete its re- changes the standards for review for fails to review those rules according to view of a rule within the allotted time, the Administrative Procedure Act, and schedule. it must publish a notice of proposed it makes fundamental changes in the As the Senator from Louisiana points rulemaking to repeal the rule. And it use of consent decrees and burden of out, the agency may get up to a 2-year must complete that agency action proof for industry compliance. All of extension. True. However, it is still within 2 years. And that is judicially these changes in Dole-Johnston, cou- true that if the agency still does not reviewable. That is a real hammer. pled with the judicial review language complete its review by then, then at We do not allow judicial review of in section 625, mean one thing: more that point, the rule becomes imme- what rules the agency decides to put on lawsuits, more money spent on law- diately unenforceable; in other words, the list or of the deadlines for the re- yers, less money spent on the public’s it is canceled. So it does still sunset view of those rules. But agencies must business of protecting the health, safe- after the extension. The Glenn-Chafee solicit and consider public input into ty, and environment. substitute, on the other hand, requires this process. We just want to make Fifth, the Glenn-Chafee substitute an agency that fails to review a rule sure the agencies spend their time and does not create brand new petitions by according to schedule to issue a notice resources doing a review of rules, not private persons that will eat up agency of proposed rulemaking to repeal the defending their every action in court. resources and will let special interests, rule. And this process allows public We think, once again, that just makes not the agency or Congress, guide pri- comment on the rule and ensures that common sense. orities. The Dole-Johnston bill creates

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10210 CONGRESSIONAL RECORD — SENATE July 18, 1995 several new avenues for interested per- Now, in total, I believe Dole-John- tions to protect important pending sons to petition agencies, including, ston has more exemptions than Glenn- health and safety rules. The simple an- one, issuance of amendment or repeal Chafee. I think some of these should swer is that Glenn-Chafee needs no spe- of a rule; two, amendment or repeal of actually be added to Glenn-Chafee. But cial exemptions, Dole-Johnston does. an interpretive rule or general state- Dole-Johnston is also missing some ex- First, both bills allow agencies to use ment of policy or guidance; three, in- emptions that Glenn-Chafee has. We the current APA good-cause exemp- terpretation regarding meaning of a need to get together on this. Dole- tion. This allows an agency to exempt rule, interpretive rule, general state- Johnston does not exempt actions re- a rule from notice and comment rule- ment of policy, or guidance; four, plac- lating to the removal of a product from making whenever necessary to protect ing a rule on schedule for review; five, commerce, for instance. It only ex- the public interest. Once exempted alternative methods of compliance; six, empts actions authorizing sales of a from notice and comment procedures, review of freestanding risk assessment. product. Now, this is wrong. If we allow the rule is exempt from the cost ben- All petitions must be decided at a time expedited introduction of some product efit and other requirements of the reg- certain, which ranges from 18 months into the stores—that is, with no ulatory reform legislation. As far as to 180 days. Except for the petition for lengthy cost-benefit analysis and risk Glenn-Chafee is concerned, no other alternative method of compliance, all assessment—we should provide for ex- special exemptions are needed. these petition decisions are judicially pedited removal of dangerous products. Second, proponents of Dole-Johnston reviewable. That is a massive number That is only fair. Public health and argued last week that their bill has an of points of judicial reviewability. safety demands no less. extra exemption for health and safety Again, we see that the real effect of If we just think about the lignite sit- rules, and Glenn-Chafee does not have Dole-Johnston will be to create special uation of a few years ago, we can see this exemption. avenues for special interests and more why it is important that we be able to This is a smoke screen. Again, Glenn- ways for lawyers to tie up agencies in expeditiously remove dangerous prod- Chafee does not need an extra special court. ucts from the marketplace. exemption. The APA good cause ex- The Glenn-Chafee substitute has no Dole-Johnston also does not exempt emption is enough. Dole-Johnston special interest provisions. The Dole- Federal Election Commission rules and needs an extra exemption because of its Johnston bill, on the other hand, has certain Federal Communication Com- effective date and because of its oner- very specific fixes for special interests. mission rules relating to political cam- ous requirements. For example, it changes the Delaney paigns. We believe the political nature Proponents of Dole-Johnston argue clause and EPA’s toxic release inven- of both these FEC and FCC rules rec- that their bill solved people’s concerns tory. These provisions have no place in ommend that they should not be treat- about USDA’s proposed meat inspec- a Government-wide regulatory reform ed like other rules. They may need re- tion rule and other pending rules, be- bill. Changes to these important laws— view, but not under this legislation cause it provided a 180-day—later ex- and I think some changes should be with review in the political environ- tended to 1-year—extension which is in made—should be handled by the com- ment of the White House and OMB. now, and I emphasize the word ‘‘exten- mittees of jurisdiction in the context Dole-Johnston does have exemptions sion’’ for agencies to complete all re- of full debate about the underlying not in the Glenn-Chafee bill. These are quired cost-benefit and related steps. laws. They should not be piggybacked exemptions that also were not in S. 291, Dole-Johnston supporters character- on the larger process bill. our bipartisan Governmental Affairs ized this section as an emergency ex- This way of lacing the process reform Committee bill. They have been added emption and criticized Glenn-Chafee legislation with special interest fixes is since then. No. 1, Dole-Johnston ex- for not having a comparable section. not reform. It involves special plead- empts rules relating to customs, duties This is just wrong. The real issue is not ings for the special money few. The and revenue; No. 2, international trade about emergencies. Again, the APA American people will pay a heavy price law and agreements; No. 3 public debt; gives Glenn-Chafee an emergency ex- in the end if we go that route. No. 4, relief from statutory prohibi- emption. These are six important reasons why tions; No. 5, decisions of the Federal The real issue involves pending rules. we should support the Glenn-Chafee Energy Regulatory Commission; No. 6, The USDA meat inspection rule, for ex- substitute over the Dole-Johnston sub- matters involving financial respon- ample, is not an emergency rule. It has stitute. My colleague from Louisiana sibilities of securities brokers and deal- been under development for some time. has tried to improve the underlying ers. It is, after all, a proposed revision of a bill, S. 343. He has been out here on the Now, some of these exemptions do set of inspection results that have been floor every day, almost by himself, try- make a lot of sense. Customs duties in effect, more or less, since 1906. It is ing to make the case for his improve- and Treasury fiscal policy rules relat- not an emergency rule. Neither are ments. But I do not believe the im- ing to the public debt, for example, EPA’s cryptosporidium safe drinking provements are enough. The bill is still should be exempted. These exemptions water rules or FDA’s mammography too flawed to be supported. It endan- should be added to Glenn-Chafee. There rules or the rules to protect children gered the public health and safety and are some areas we can agree and should from poison. the environment. It wastes Govern- keep working to improve the legisla- These health and safety rules are vul- ment resources. In enriches lawyers tion. I think that is what we should nerable under Dole-Johnston not be- and bogs down the courts for the inter- do—keep talking about these and work cause of the inadequacy of emergency ests of a few. So I think we should out the things we all agree on are best exemption provisions, but because enact the Glenn-Chafee substitute, between these two approaches. Dole-Johnston, No. 1, covers pending which I feel is a commonsense reform. Now, the issue of exemptions also in- rules; No. 2, subjects those rules to on- I want to also set the record straight volves the question about special ex- erous cost-benefit analysis and about two additional issues in Glenn- emptions. The debate last week went decisional criteria requirements. Chafee that the proponents of Dole- beyond the general exemptions to focus Dole-Johnston 1-year extension al- Johnston misrepresented yesterday. on whether special exemptions are lows agencies to issue a rule, but then First is the issue of exemptions. Glenn- needed to protect public health and they still have to finish their cost be- Chafee has been criticized for not hav- safety rules. As my colleagues know, fore analysis in that year and then go ing enough exemptions. There are sev- last week exemptions were added to back and revise the rule for the least eral issues involved here. There is one Dole-Johnston for mammography cost test demands a different solution. question about general exemptions. standards and rules to protect children Moreover, regardless of the cost-ben- Both Dole-Johnston and Glenn-Chafee from poisoning. efit test, Dole-Johnston’s other re- exempt several categories of rules from At the same time, amendments for quirements, like its APA revisions I the regulatory reform legislation by exemptions for meat inspection and discussed yesterday, still open up the exempting them from the definitions of safe drinking water rules were rejected. rule to immediate challenge. These in- rule and/or major rule. The question is, Again, this debate raised the issue of clude new APA rulemaking publication how do the two bills differ? whether each bill needs special exemp- requirements, a new APA substantial

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10211 support standard, the petition proc- This protects emergency rules. Our fu- Let me also respond to what the Sen- esses, and all the related avenues for ture effective date also protects rules ator from Delaware said yesterday, judicial review. Even with the John- now in the pipeline. No. 3, the only bill that the Glenn-Chafee substitute goes ston amendment, only to cover rules that needs extra special exemptions is against the National Academy of for which a notice of proposed rule- Dole-Johnston. Its immediate effective Sciences by preferring default assump- making was published after April 1, date will capture pending rules. Its on- tions to relevant data. That is just not 1995, pending rules already in the rule- erous requirements will force many im- right. It is wrong. I will read that making pipeline will emerge and imme- portant rules back to the drawing again: It goes against the National diately be subject to all of the Dole- board, wasting resources, causing Academy of Sciences by preferring the Johnston requirements. delays and literally inviting litigation. default assumption to relevant data. Another matter that must be set This threat to rules in the pipeline Default assumption means, basically, will make agencies stop rulemaking, straight involves some statements made yesterday regarding the risk as- that we do not know, so we make a de- reassess the sufficiency of their rule- cision not knowing, not having as making record, and even reanalyze sessment provisions in Glenn-Chafee. Some have stated that the Glenn- much data as we would like to have. their proposed rule then modify and re- That is a shorthand of what default as- publish their proposed rule in order to Chafee substitute is weak because it re- quires risk assessments for only par- sumptions means. But that is just not address issues that would be raised right. On the contrary, we explicitly under the new standards of Dole-John- ticular agencies and programs rather than requiring them for all agencies. state in the Glenn-Chafee bill that, ston. ‘‘each agency shall use default assump- Let me make this very clear. The This is not weak. It is common sense. It makes sense to make agencies that tions when relevant and adequate sci- issue is not whether an agency has or entific data and understanding are could exempt a rule from notice and issue rules relating to health, safety, and the environment comply with lacking.’’ That does not say we prefer comment rulemaking. The issue is such assumptions to relevant data. We whether a new rule coming out of the these requirements. It does not make sense to cover every agency. say use them when relevant data are pipeline will satisfy the new require- not available. ments of the new law. The answer is For example, what if the health care that Dole-Johnston’s extension does financing administration wants to Moreover, unlike the Dole-Johnston not solve this problem. change Medicare eligibility require- bill, we require agencies to issue guid- Unlike Dole-Johnston, Glenn-Chafee ments. That is a rule related to health. ance to ‘‘provide procedures for the re- will jeopardize pending rule makings. Under Dole-Johnston they may have to finement and replacement of policy- First, the Glenn-Chafee effective date do a risk assessment. That does not based default assumptions.’’ In other is 10 days after an enactment for pro- make sense. I do not think so. words, we even provide in there for All we are trying to do in the Glenn- posed rules. Glenn-Chafee will only going out and doing our level best to Chafee substitute is to use some com- cover new rules proposed at least 6 get some relevant information, not just mon sense. It does not make sense to months after enactment of the legisla- to go along with default assumptions, cover all agencies, because not all tion. This 6-month delay will allow as was stated yesterday. agencies should do risk assessments. agencies a reasonable amount of time Glenn-Chafee risk assessment re- So, I disagree with the Senator on to put into place the new tough proce- quirements are less prescriptive and that point. But I also want to add that dures required by the law. better science than the Dole-Johnston we should not be in the business of tell- Second, Glenn-Chafee requires an substitute. We need to be careful when ing the agencies to throw out all their evaluation of costs and benefits. We legislating science. I do not classify assumptions, no matter what. That also require a certification, whether myself as a scientist. Many scientists also would not be good science. What the benefits justify the costs, and have warned against writing language we try to do in the Glenn-Chafee bill is whether the rule will achieve its objec- that is too prescriptive. to make our risk language less pre- tives in a more cost-effective manner For example, the Dole-Johnston sub- scriptive. We should not freeze the than the alternatives. stitute states that agencies must base science, as many scientists fear would While this necessities a cost-benefit each risk assessment only on the ‘‘best happen if we legislate risk assessment analysis, it is in no way as prescriptive reasonably available scientific data in with no room for incorporating new un- as Dole-Johnston’s least cost scientific understanding.’’ I ask, who derstanding in how these assessments decisional criteria, let alone Dole- determines what data are best in that should be done. Johnston’s minimal impact Regulatory requirement? What is best? Scientists That brings me to a more general Flexibility Act requirements. say there is often wide dispute within point. The Senator from Louisiana The bottom line is the proponents of the scientific community about what Glenn-Chafee are not afraid of having brought up the issue several times yes- data are best, and it is common prac- terday regarding EPA’s own reports agencies comply with our cost-benefit tice for agencies to use several dif- requirements. They are tough, but they about its ability to do good science. ferent data sets. First, I do not think it is really fair to are also fair and they are workable. This language will not allow that to The Dole-Johnston 1-year extension, on imply that EPA has not done a good happen anymore. They use several dif- job. That is not just my opinion. The the other hand, is no solution. It is an ferent data sets, and then they use extension, not an exemption. In fact, it National Academy of Sciences, in their their best judgment. In other words, 1994 report called Science and Judg- simply introduced uncertainty. they come back to something that may All interested parties will have to ment In Risk Assessment reaffirmed be startling, they use common sense— EPA’s approach to risk assessment, wait until the completion of the re- and that is what we would require. stating—and this is from the National quired cost before analysis and satis- The Dole-Johnston substitute also Academy of Sciences: ‘‘EPA’s approach faction of the least cost test to learn says that when conflicts among data whether the rule will continue in effect occur, agencies must discuss, ‘‘all rel- to assessing risks is fundamentally or whether the agency will reenter evant information including the likeli- sound, despite often-heard criticism.’’ rulemaking to revise the rule. hood of alternative interpretations of The report gave many recommenda- This uncertainty and waste of re- the data and emphasizing postulates tions for EPA to improve its policies sources serves no interest other than that represent the most reasonable in- and practices. As I understand it, EPA Government inefficiency and ineffec- ferences * * *’’ Again, who makes this currently has programs underway to do tiveness. To summarize these exemp- determination of most reasonable? Pro- just exactly that. In their March 1995 tion questions, No. 1, we may be able to ponents of S. 343 are assuming there is report, just a couple of months ago, agree on more general exemption to only one right answer. But scientists called Setting Priorities, Getting Re- the definition of rule and major rule; tell us that risk assessment is a grow- sults: A New Direction For EPA, the No. 2, Glenn-Chafee does not need any ing science with lots of uncertainty, National Academy of Public Adminis- special exemptions because of the and rarely, if ever, is there just one tration, NAPA, concurred with the Na- APA’s current good cause exemption. right answer. tional Academy of Science findings.

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10212 CONGRESSIONAL RECORD — SENATE July 18, 1995 Second, I think it is important to point Secrecy in Government is not the Amer- Claim that OSHA failed to distinguish be- out what else the NAPA study found, ican way. Secrecy in Government has led to tween risk assessment and risk management. the National Academy of Public Ad- all sorts of abuses and denial of freedom in (Sec. 633(a)(2)) Claim that OSHA failed to use only the ministration. They state: other lands. We must keep our system of government open and accountable to the best reasonably available scientific data and Congress should not attempt to define citizens of our country for public inspection scientific understanding. (Sec. 633(c)(1)) ‘‘best science’’ or ‘‘best estimate’’ in stat- and scrutiny. FACA requires that these Claim that OSHA failed to select data utes. Congress should not attempt to legis- meetings should be meetings in public, pub- based on reasoned analysis of the quality and late specific risk assessment techniques, or lished notice of meetings in the Federal Reg- relevance of the data. (Sec. 633(c)(2)) to adjust assumptions that underlie risk as- ister. Let the public know of the agenda for Claim that OSHA failed to consider wheth- sessments. Such legislation would almost those meetings. The act requires boards to er the data was published in peer reviewed certainly inhibit innovation and improve- permit persons to obtain transcripts, appear literature. (Sec. 633(c)(3)) ment in risk assessments methods while con- and testify or file statements, make a Claim that OSHA failed to discuss alter- straining scientists from using their judg- record, keep minutes, working papers, et native interpretations of that data that em- ment in appropriate ways. cetera, available. Keep detailed minutes, per- phasize postulates that represent the most That is a very definitive statement mit citizens to purchase manuscripts and reasonable inferences from the supporting from NAPA. And their report goes on transcripts. Keep adequate financial records. data. (Sec. 633(c)(5)(A)) to say, further: And the act also requires there should be a 2- Claim that OSHA used a policy judgement when relevant scientific data was available. Congress should draft any risk legislation year time period for boards and commis- sions. (Sec. 633(d)(1)) so as to constrain the grounds on which risk Claim that OSHA failed to explain ade- analyses might be challenged in court. Senator CRAIG, Senator GRASSLEY, quately the extent to which policy judge- Courts should ensure that regulators follow Senator LOTT, I believe my colleague ments were validated, or conflict with, em- reasonable procedures, but should not be put Senator SPECTER, Senator MCCONNELL, pirical data. (Sec. 633(d)(2)(A)) in the position of resolving science policy and Senator DOLE all spoke on behalf Claim that OSHA failed to describe ade- questions such as the definition of ‘‘best of keeping FACA and supported FACA quately reasonable alternative policy judge- science.’’ and the importance of FACA. ments and the sensitivity of the conclusions That is what we try to do in the Senator DOLE in particular said: of the risk assessments to the alternatives. Glenn-Chafee substitute. We get rid of And, plain and simple, the American public (Sec. 633(d)(2)(C)) Claim that OSHA inappropriately com- words like ‘‘best data’’ or ‘‘the most did not trust the Clinton plan. They did not bined or compounded multiple policy judge- reasonable inference.’’ We limit judi- trust the secrecy in which it was written. They did not trust the principle that Govern- ments. (Sec. 633(d)(2)(3)) cial review, and that is a far better ap- Claim that OSHA failed to express ade- ment knows best. There is no reason why proach. quately the range and distribution of risks these boards should be granted the power to Another issue: What is and is not ex- and the corresponding exposure scenarios, meet in secrecy. Indeed, there is every rea- empted from risk assessment require- and failed to identify adequately the ex- son why they must meet in public. ments? The Dole-Johnston substitute pected risk to the general population and to exempts from the requirements actions On and on, we have several pages of more highly exposed or sensitive popu- to introduce a product into commerce. those here. I will not read all of them lations. (Sec. 633(f)(1)(C)) Should we not also exempt actions to into the RECORD. Claim that OSHA failed to describe ade- remove a product from commerce? To But, Mr. President, I ask my col- quately the significant substitution risks of the rule. (Sec. 633(f)(3)) put a product on the market, no risk leagues to take a very hard look at the regulatory reform substitutes before Claim that OSHA’s peer review panel was assessment needs to be done. But to get not balanced and independent. (Sec. 633(g)) a dangerous substance off the market, them. I urge them to support the Claim that OSHA’s response to peer review an agency has to do a full-blown risk Glenn-Chafee bill. The Glenn-Chafee comments were inadequate. (Sec. 633(D)(3)) assessment? That does not seem right. bill is a very tough reform bill. It also Claim that OSHA failed to provide ade- I mentioned a few moments ago, provides a balanced—repeat, a bal- quate opportunity for public participation what if we had the thalidomide scare anced—and a fair approach to reform. and comment. (Sec. 633(D)(3)) Claim that OSHA did not properly deter- going on today? That would be held up It will relieve regulatory burdens on businesses and individuals. mine that the benefits of the rule justify the from being taken off the market, I costs. (Sec. 624(b)(1)) guess. And that would not make any I repeat that. It will relieve regu- Claim that OSHA failed to identify all of sense at all. latory burdens on businesses and indi- the significant adverse effects of the rule. Finally, what about peer review? The viduals. At the same time, it will also (Sec. 621) Glenn-Chafee bill is actually tougher protect the health and safety and the Claim that OSHA failed to give regulated than the Dole-Johnston bill. We re- environment of the American people. persons adequate flexibility to respond to changes in general economic conditions. quire peer review analysis of both cost- This is responsible legislation. I urge your consideration and support. (Sec. 621(6)(C)) benefit analysis and risk assessment. Claim that OSHA did not properly deter- We believe both should be reviewed. Mr. President, in indicating the liti- gation that can occur with this legisla- mine the least-cost alternative of the reason- Both have lots of assumptions. Both able alternatives. (Sec. 624(b)(3)(A)) tion, OSHA has looked at this, and should be scrubbed to make sure that And more claims, and more claims, and they asked a question, they postulated agencies are making good decisions more claims. something here. The title of this is: ‘‘S. Thankfully, OSHA addressed this dan- based on good information. 343, Endless Rounds of Litigation While gerous compound in its Cadmium standard. The Dole-Johnston bill also exempts If S. 343 had been in place, however, this pro- peer review from the Federal Advisory Workers Wait For Protection.’’ They say: tective standard could have been delayed for Committee Act, FACA. Last year, dur- Imagine: You are a metal finisher who years, leading to many work-related cases of ing the health care debate, my col- works with a toxin that causes acute pneu- cancer and kidney disease that could other- leagues who support the Dole-Johnston monitis, pulmonary edema, kidney disease, wise have been avoided. substitute made a very big thing about and lung cancer. You are not alone. 500,000 So, Mr. President, this is just one lit- making sure that such panels were other men and women also work with this tle example of—what is that, 25 or 30, I done in sunshine and complied with compound. guess, examples after just a first-cut FACA. Right now, OSHA can protect you from ex- look at S. 343 that OSHA indicates Now they seem to have changed their posure to this dangerous hazard by proving they feel would provide grounds for that: workers are exposed to a significant minds, exempting all peer reviews from risk, the proposed standard would substan- litigation. FACA. I do not think that is the way tially reduce that risk, and the standard Mr. President, I wished to make a we should be conducting business. would be technologically and economically reasonably complete statement, which Glenn-Chafee does not exempt FACA, feasible. I think I have done here this morning. and that is the way we should do busi- Under S. 343, a protective rule to limit We have combined several previous ness. your exposure to this compound could be in- things that were brought up over the Mr. President, some of the comments validated because of the endless opportuni- last couple of days as well as refuting that were made last year about FACA, ties for judicial review. For example, a peti- some of the scare stories that have tion could: when we were considering health re- Claim that OSHA failed to consider sub- been applied. We still have basically form—my colleague, Senator MACK, for stitute risks. (See 631(8); Sec. 632(a); Sec. six different areas in which we dis- instance, said: 633(f)(3)) agree.

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10213 It is on major rules and how we deal But none of us as individuals can pro- of E. coli without doing any sampling with those; on the cost-benefit analysis tect ourselves from the destruction of for bacteria, USDA would have to versus the least-cost approach. We pro- the ozone layer, from deadly bacteria grant its petition. vide for review of current rules with no in our food or drinking water, or from The Dole-Johnston alternative gives automatic sunset. We disagree with HIV when we get a blood transfusion. no one else a chance to question or Dole-Johnston that provides a sunset The Government must be active in challenge the company’s petition, to after an extension period. these areas, and it must have the re- cross-examine its scientists, or even to Our bill is not a lawyer’s dream. It sources to do for all of us what we can- know that the petition is pending. A does not provide nearly unlimited judi- not do for ourselves. The Dole-John- secret relationship between the agency cial review of everything from begin- ston proposal will cost at least $1.3 bil- and the company is created. And if the ning to end. And our substitute does lion a year, but it does not provide any agency grants the petition, no one can not create brand new petitions by pri- new funding to pay for these costs. challenge the decision in court. Sec- vate sources, by private persons or This $1.3 billion is money that will not tion 629(e) provides that ‘‘in no event groups, that will just eat up agency re- be available for enforcement and ad- shall agency action taken pursuant to sources and let special interests, not ministration of essential laws and reg- this section be subject to judicial re- the agency or Congress, guide our pri- ulations. view.’’ The public interest is totally ig- orities. And we do not have special in- The Dole-Johnston alternative relies nored. terest provisions. We do not try to deal on private lawsuits to be what some When, as here, the issue is agency ac- with things in this bill that deal with call the hammer to make agencies tion to exempt a business from regula- processes. We do not try to solve things comply with the law. But as Professor tion, the Dole-Johnston alternative re- like the Delaney clause on which sepa- Peter L. Strauss of Columbia Law jects any interest in risk assessment rate legislation is being prepared by a School testified before the Judiciary and good science. The agency is given different committee; toxics release in- Committee, 180 days to respond to the company’s petition, which may not be sufficient ventory and things such as that. Permitting judicial review of the process So I believe we have a better bill hands over to interested private parties time to investigate the issue fully. here, and I hope that when the vote oc- weapons with which they can cheaply and The agency is not required to con- curs this afternoon after our noon unaccountably delay government action and duct a risk assessment, or subject its break we will have enough votes to make it more expensive to accomplish what decision on waiving the rule to peer re- pass this. I know it is a squeaker. I government should be doing. view. The Dole-Johnston alternative operates on the assumption that agen- know that we may lack the votes to do Our alternative, by contrast, leaves cies can be trusted to make the right this. But I hope that after people look the review of rules more in the hands decision in the case of waiving a rule— at the two bills side by side, they will of Congress. We can block any regulation from but not in issuing the rule. realize we take the more reasoned ap- I object to this back door way to let proach to this and that this really is a taking effect by invoking the legisla- tive veto provision, which the Senate businesses escape regulations that are superior bill. designed to protect the public. At a Mr. President, I yield the floor. has already passed in separate legisla- minimum, there must be some oppor- Mr. KENNEDY. Mr. President, I sup- tion. That is a better answer than pri- tunity for public involvement and com- port the Glenn-Chafee substitute to the vate litigation. Congress gives agencies their power ment. regulatory reform bill, because it will I also question whether a process like to regulate, and we are ultimately re- achieve real reform without paralyzing this can be justified if it does not re- sponsible for what they do. If a rule is the Government agencies that set quire peer review of the agency’s deci- unreasonably burdensome and costly, if health, safety, and environmental sion, to ensure that there is not collu- it is based on bad science, Congress has standards, and without wasting their sion. The Glenn-Chafee proposal does the power and will have the oppor- resources on redtape that adds nothing not provide for this kind of petition at tunity under our alternative to inter- to the wisdom of their decisions. It will all, and it is, therefore, superior to the vene and block it. lead to commonsense regulation, rath- Dole-Johnston alternative. I am also We do not need to depend on special er than excessive litigation and full pleased that the Glenn-Chafee amend- interest lawyers, and we should not de- employment for lawyers. ment does not include the special in- It will give us cost-effective regula- pend on them, to ensure that Federal terest fixes or the Dole-Johnston alter- tions, rather than always the cheapest, regulations make sense. native. For example, our proposal does but not necessarily the most effective, Senator HATCH has repeatedly cited not undermine the Delaney clause, rule. And it will allow for full public examples of bad regulation from Philip which prohibits the approval of cancer- participation in regulatory decision- K. Howard’s book ‘‘The Death of Com- causing food additives. making, instead of back door, special mon Sense.’’ But Mr. Howard’s testi- We all agree on the need for Delaney interest processes that exclude the mony is enlightening, because he fa- reform, but it is a complex, technical public. vors limits on judicial review like subject that requires careful consider- In each of these respects, our pro- those in our proposal. Mr. Howard tes- ation by the committees of jurisdic- posal is superior to the pending alter- tified that, ‘‘The main control over tion. The approach in the Dole-John- native. The Dole-Johnston alternative agencies should be oversight by Con- ston alternative is too simplistic and applies its cost-benefit analysis and gress, not endless procedure or appeals provides insufficient protection to in- risk assessment requirements to hun- to courts over procedural nitpicks.’’ fants and children, whose special diets dreds of rules each year that do not I also prefer the Glenn-Chafee sub- leave them especially vulnerable to have enough of an impact on the econ- stitute because the alternative creates food-borne carcinogens. omy to justify the expenditure. special opportunities for businesses to Finally, the Dole-Johnston alter- To require dozens of costly, time-con- escape regulation without any public native continues to be a supermandate suming procedural steps for even minor involvement or notice. Section 629 of that requires agencies to choose the rules is wasteful and counter- the Dole-Johnston alternative allows cheapest alternative in any case where productive. At a time when we are cut- any regulated business to petition for a the benefits to health, safety or the en- ting agency budgets and laying off tens waiver from any major rule. The peti- vironment are quantifiable. Suppose of thousands of employees, forcing the tion must be granted if the business that OSHA finds that requiring grain agencies to comply with these proce- shows that it is reasonably likely that elevators to continuously vacuum up dures is simply a way to prevent them the business can achieve the goal with- dust could save 10 lives a year by pre- from doing their real work—protecting out complying with the rule. venting dust explosions, but would be the American public from significant In other words, if the new safe meat more expensive than have employees health and safety threats. handling rules were in effect, and a sweep up once a shift. Some say that we rely too much on meat packer were able to convince OSHA could not require the grain el- the Government and that in doing so USDA that ‘‘there is a reasonable like- evator to install dust control equip- we risk our freedom. lihood’’ that it could keep its meat free ment, or to maintain a consistently

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10214 CONGRESSIONAL RECORD — SENATE July 18, 1995 low ‘‘action level’’ of dust, because it is making. Many of the safety and health demands of the public for continued not the least cost alternative. regulations now on the books had their safety with the needs of those business- Our proposal, on the other hand, is origins 25 to 30 years ago, when we men and women who seek reasonable not a supermandate and does not im- began to face up to the real costs—in relief. pose any new decision criteria. OSHA injury, disease, and even death—from Still, taken as a whole, in terms of would be able to choose the more pro- unregulated manufacturing processes their impact on the economy, these tective alternative, as it did under the and products. regulations are not, Mr. President, the Reagan administration, because that is By the end of the 1960’s and the be- unmitigated disaster some would have the alternative that better accom- ginning of the 1970’s, we came to real- us believe. plishes the goal of the statute—pro- ize that consumer choice alone—the Our food, our water, our prescription viding a safe workplace. guiding principle of the free market— drugs, our highways and airways—even The Nation has made tremendous was not enough to protect us from our children’s clothes and toys—are progress in the last quarter of a cen- poorly designed, inadequately re- safer today because of Federal regula- tury toward cleaning up the environ- searched, or criminally negligent prod- tions. ment, protecting endangered species, ucts and processes. But at what cost, ask our colleagues? ensuring the safety of food and drugs, Our private enterprise economy func- They tell us that our country is being and improving health and safety in the tions so well because it is based on in- strangled by regulations, jobs are being workplace. We must not destroy this dividual initiative and self-interest. lost, that the burden of regulations is progress in the guise of reforming the Economic competition among free indi- sinking our economy. laws and regulatory system that made viduals drives the inventiveness that Now, Mr. President, a couple of days ago on the floor of the Senate I related it possible. The Glenn-Chafee sub- gives us new products, new tech- a story from my own State of Delaware stitute will help us streamline the reg- nologies—progress that has given us about regulations run amok, about a ulatory process and make it more cost the most powerful economy in the his- rule that flies in the face of common effective. It will not throw the baby tory of the world. sense, a rule that cost a good friend of out with the bath water. But those competitive individuals all mine an outrageous amount of money I urge the Senate to support the face the same need to keep their costs simply to settle a claim out of court. Glenn-Chafee substitute. lower than their competitors—each in- Mr. BIDEN. Mr. President, I want to I know as well as anyone here that dividual must find ways to avoid pay- these horror stories are real, and that reform our regulatory process. ing for anything that competitors get No one can deny that we need to it is high time we undertook serious re- for free. write smarter, clearer, more effective, form of the ways we write Federal The unfortunate effect in this process and more flexible Federal regulations. rules and regulations. is that what we all have in common— The question before us is not whether But our job here is to weigh the full the need for clean water, clean air, to reform our regulations. The ques- body of evidence, and to put the indi- clean food, safe working conditions, tion is how to reform them. vidual cases that are so frustrating and products that are safe and effective— I believe that the most balanced an- infuriating into context, and correct those things we have in common are swer to this question is in S. 1001, that them individually. When I told that not necessarily protected in each Senators GLENN, CHAFEE, and I, along story, I said I would return to the floor business’s calculations of economic ef- with other of our colleagues from both to discuss the real cost of regulations, ficiency. sides of the aisle, offer here today. the real costs of these rules to our And I am afraid that S. 343, the Dole- At the same time, with the rapid economy. Johnston bill, remains an unbalanced, technological changes brought by our Fortunately, Mr. President, the big costly, confrontational approach, that free enterprise economy, we find our- picture is not what some would have us fails to meet its own reform criteria, selves more and more dependent on believe. The fact is that the burden of and that will fail to protect the public products whose safety and effectiveness regulation a share of our economy has health and safety—the general welfare we cannot evaluate ourselves—except, not exploded as some of my colleagues that it is our Constitutional duty to perhaps by experiencing the tragic con- have stated here on the floor. protect. sequences of thalidomide or DDT, or As a matter of fact, the share of reg- Mr. President, the days are long gone increasing automobile injuries and ulatory costs in our economy has actu- when Americans grew their own food, deaths. ally gone down, as documented by an made their own tools, stayed pretty So we need some way to make sure analysis done last month by the GAO. close to home, and saw most disease as we can take care of those things we From 1977 to this year, the regulatory an act of God. have in common—the common good. cost have shrunk by 11 percent—from Now we buy food from all over the A generation ago, the public began to about 4.5 percent of GDP to about 4 world, packaged and processed with demand cleaner air, safer food, water, percent of GDP. unpronounceable chemicals, even irra- and transportation. To accomplish There is nothing in the facts to sup- diation. those goals, Congress has passed laws, port the claim that the cost of regula- We travel at higher speeds over and agencies have written the regula- tions has exploded, nothing to justify longer distances, in larger and larger tions to put the goals of those laws putting hurdles, even landmines, in aircraft, and in automobiles that are as into effect. front of every regulation now on the much electronic as they are mechan- In era of skepticism, cynicism, and books, and every regulation now in the ical. downright hostility toward govern- works. Mr. President, as much as we may ment, these are the most popular fed- Mr. President, many of the stories we long for a simpler, more self-sufficient eral laws now on the books, Mr. Presi- have heard here in recent days—stories time, we must face the costs—in new dent. of regulators’ excesses and abuses of risks to our health and safety—that Everywhere I travel in my own State power—are more folklore than fact. come with the benefits of our rapidly of Delaware, and in other States But if even these horror stories were evolving economy. around our country, people of every po- true, would that justify putting the It is one thing to recognize those litical persuasion tell that they con- health and safety of the American pub- costs, Mr. President, and quite another tinue to support government policies lic at risk? Would the risks justify the to know what to do about them. What that keep our food and water safe and benefits? Would it not be better to fix is the best way to protect against the clean, that assure we can travel in the particular abuses, rather than take new threats to our safety and health safety, and that protect the environ- the Dole approach? that come from the way we now live? ment. Let us look at this another way, Mr. That is the heart of the question be- At the same time, these are also President. Many of my colleagues in- fore us in this debate on regulatory re- some of the most frustrating, demand- sist on using a grossly inflated esti- form. ing, confusing regulations that our mate of the total cost of regulations— Mr. President, the issue before us small businesses and property owners $562 billion a year, by one well-pub- today has been a generation in the must face. Reform must balance the licized estimate.

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10215 But that number includes costs like percent. Our output is now twice as ing and enforcing many of our regula- farm subsidies, that transfer funds high as it was in 1970, and five times as tions. from one sector of the economy to an- high as 1950. It is fundamental, Mr. President— other—they add up to zero on the na- Our productivity has risen about 3 power corrupts. From the comically of- tional accounts. And they also include percent per year in the past decade. A ficious church parking lot attendant on the costs of complying with the IRS— recent comprehensive survey of the im- Sunday morning to the most powerful a burden we all resent, but one that the pact of environmental regulations—on public officials, people’s heads swell Dole-Johnston bill does not touch. The those industries like chemicals, petro- when they are given power over others. IRS is not covered by regulatory re- leum, and paper that have had the Our regulatory agencies are not im- form—that is an issue for tax reform, a most to clean up—showed little or no mune from this law of human nature. topic for another day. correlation between regulations and Mr. President, the abuse of private So the real costs of complying with profits, competitiveness, or produc- power by polluters, unsafe employers, regulations is actually more like $228 tivity. and sellers of dangerous products—that billion a year, according the study Where is the evidence that the cost of abuse of private power is the reason we cited in the GAO report I have here regulations has exploded? need regulations. today—half of what some would have Where is the evidence that the cost of And the abuse of public power by ar- us believe. regulations has become a major burden rogant public officials is the reason we But what do we get for those costs? Is on the growth of the economy? need regulatory reform. this just money down the drain? Not It simply is not there, Mr. President. It should be our job to fight both according to the Center for Risk Anal- In fact, there is persuasive evidence forms of abuse, not add momentum to ysis at the Harvard School of Public that regulation has generated positive that pendulum that swings from one Health. Its report from March of this overall effects for our economy, by extreme to the other. year cites one study—from the peer-re- spurring innovations and economies. Which of the two bills before us is viewed Yale Journal on Regulation— We know that there are positive eco- more likely to remedy this problem that sets the benefits of health, safety, nomic effects from lowering costly and still protect the public interest? and environmental regulations at $200 threats to public health and safety, I am convinced that the Glenn- billion a year. threats that take their toll in medical Chafee approach is the more balanced, A little quick math suggests that we bills, time lost on the jobs, and so effective way to restore common sense are left with a total NET cost of regu- forth. By making our citizens healthier to the way we write our regulations, lations to the economy—if we take rea- and safer, regulations make our econ- without putting punitive layers of pa- sonable account of benefits that we can omy more efficient, because we do not perwork and procedures in the way of measure in dollars and cents, as well as waste scarce resources paying for pre- better regulations than we have today. the costs—of about $28 billion a year. ventable illness and injury. This approach requires a cost-benefit That $228 billion a year in regulatory But in addition to preventing waste- analysis and a risk assessment for pub- costs means about $912 dollars a year ful expenditures—and preventing un- lic safety, health, and environmental for everyone in the country, or about necessary human suffering—regula- regulations that have a major impact— $2.50 a day, for all of the health, safety, tions can have positive effects on eco- $100 million—on the economy. and environmental protection we nomic innovation. It backs those up with specific re- enjoy. Here is an example from that recent quirements for peer review, congres- If we throw in some of the benefits Business Week article: When OSHA sional review, and executive oversight that cannot be measured in dollars and issued a new standard for worker expo- of each agency’s rule writing. And the cents—a little extra peace of mind, sure to formaldehyde, costs to the in- courts will examine each agency’s com- some fairness in the distribution of dustry were estimated at $10 billion. pliance with the scientific and eco- benefits, deference to principles like But when the affected industries nomic justifications for each rule. federalism—that seems like a pretty changed the way they operated, the It requires that agencies include fair deal. costs were negligible, and the changes flexible, market-based alternatives in Some might call it a bargain—clean improved their international competi- their considerations, and makes them water, safe food, secure transportation, tiveness. The conclusion? The regula- show how the rule they choose matches and a few basic American values tions were a large net plus for the in- up to those alternative for cost-effec- thrown in—for $2.50 a day. dustry and the country. tiveness. Like most of the numbers we have Let us think about this for a minute, The Glenn-Chafee substitute calls for heard in this debate, of course, these Mr. President. Does anyone here want a thorough-going review of regulations are estimates, extrapolations, and a re- to argue that an economy that wastes now on the books, and sets up a proce- flection of how hard it is to measure less—that sends less of its waste prod- dure to assure that we have a sensible these things. As much as we need to ucts into the environment in which its way to rank the risks we face—from know the hard facts about the costs citizens live—is less efficient than an contaminated air, water, or food, or and benefits of regulations, we are still economy that spews tons of waste into from unsafe aircraft, cars, or toys. We learning how to count them. the air and water? will attack the worst problems first, But that small number makes sense Logic does not support the idea that the best way to allocate our scarce re- when we look at the effect of regula- these regulations will make us less sources. tions on the growth of our economy, competitive—as a nation, over the long Mr. President, the Glenn-Chafee sub- Mr. President. It is hard to find evi- run—and the data do not support it, ei- stitute is tough, thoughtful reform. dence that regulations are dragging us ther. Ironically, the Dole-Johnston bill down. Throughout the entire post-War So let us not let exaggerated costs adds to the costs of regulation by add- period to the present, Mr. President, and horror stories of regulatory excess ing inflexible, prescriptive procedures before the enactment of significant en- stampede us into a wholesale attack on to the process, subject to petition and vironmental, health, and safety regula- regulations that, by and large, are judicial review requirements that tions and after, our economy has con- doing what we want them to do. could keep better rules—replacing the tinued to grow at a remarkably steady But there is a real problem, Mr. bad ones on the books today—from see- pace. President, one that is at the heart of ing the light of day. When you look at the pattern of the movement to reform regulations, a But most significantly, it forces growth that our economy has been able movement we should all support. agencies to write every rule according to sustain over this period, Mr. Presi- That problem is the lack of flexi- to fixed criteria—they must choose the dent, it is impossible to detect a point bility and the lack of openness in rule- least cost alternative among all the at which regulations become a burden. making and enforcement of regula- possible versions. But the cheapest rule Between 1980 and 1994, our industrial tions. And that problem can be traced may not be the best—it depends on the output rose more than 50 percent. In to the arrogance and insensitivity of circumstances, it requires more flexi- the past 3 years, it has increased 15 the public officials charged with writ- bility.

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10216 CONGRESSIONAL RECORD — SENATE July 18, 1995 The cheapest broom may get the job reduce the public’s demand for safety, Mr. President, those of us who are done in most cases, but when you need health, and environmental protection, rightfully proud of the accomplish- an operation, maybe you would con- they have seriously misread public ments of public safety and health regu- sider paying a little more for the best opinion. The demand for these protec- lations should be among the first to doctor you can afford. It depends on tions will collide with the cumbersome want them to work efficiently and ef- the problem you are trying to solve. process they have devised, adding to fectively, without waste of taxpayers’ Flexibility is not what the Dole- the frustration with government—and dollars and without antagonizing the Johnston bill provides. Do we really to the hostility and suspicion of the citizens who operate the businesses and think that public officials will become special interests who are served by who own the property that are the sub- more accommodating, more concerned delay and weakening of those protec- jects of so many of these regulations. with differing circumstances, if they tions. Any waste in the process, any wasted must, by law, choose the rule that they Regulatory reform should be the way effort and dollars by those who comply can defend in court as the cheapest to make the system more flexible, with these regulations, is a waste of re- way to get the job done? more open, but S. 343—the Dole-John- sources that could be used to create an- Maybe they could get the public ston bill—would establish a more cost- other job—or to improve the quality of more benefits for a little more cost— ly, less flexible rule writing process. our air and water, or increase the safe- maybe they could write a rule that is Mr. President, S. 343 has been written ty of our airways and highways. more cost-effective. But not under the to be just a bad mirror image of the The tough choices before us in the Dole-Johnston bill. process some imagine we have today. It next few years will leave little room Under the Dole-Johnston bill, agen- will tie up agencies in new procedures, for excess in any programs. Those of us cies will practice defensive rule writ- adding to the costs and uncertainty of who support the Glenn-Chafee amend- ing—to conform to whatever the latest the regulatory process, the same com- ment recognize our continuing respon- case law says is the cheapest way to do plaints many citizens have rightfully sibility to promote the general welfare; things. They are not encouraged to leveled against the current process. reform is essential to wringing every apply a variety of criteria—maybe in It would waste resources by piling re- dime’s worth of protection out of every some cases, the cheapest rule is the quirements on rulemakers that add regulation. best; maybe we want to maximize the nothing to the public safety and We cannot maintain a regulatory benefits in safety and health; maybe we health, and add nothing to the effec- process that thoughtlessly pushes the want the rule with the most net bene- tiveness of the regulatory process, and cost of regulation onto the people fits—the spread between costs and ben- will do nothing to make agencies more whose businesses create the products— efits. accommodating to the real needs of in- and the jobs—we all depend on. We But the Dole-Johnston bill is not dividuals, firms, and communities. must not have a regulatory process concerned with flexibility—it man- Now I know that some of my col- that generates increasing resentment dates that every rule fit into the same leagues here today, and certainly some and frustration on the part of the busi- box—the least cost box. of those business men and women who nessmen and women whose behavior— Furthermore, the Dole-Johnston bill feel themselves most aggrieved by cur- and balance sheets—must change to will add bureaucracy and litigation, in- rent regulations view the prospect of put our regulations into effect. stead of reducing it. For example, law- frustrating a few Federal bureaucrats Mr. President, all Americans benefit yers will be able to challenge rules—or eagerly. from regulations that work well, and prevent them from going into effect— Some may even see regulatory re- that work efficiently. And we are all by raising any of a number of new form as pay back time: a chance to poorer if our businesses divert re- issues which they cannot now raise. dump on Federal agencies some of the sources away from productive eco- This will keep Washington lawyers burdens they have felt. nomic activity for regulations that are busy, and will keep agency lawyers Mr. President, I ask those who may not well designed. busy. That means everyone will be in feel that way to consider how they will But demonizing Federal regula- court—instead of out in the field, en- feel if the effect on the regulatory tions—legislating by anecdote, where forcing the new regulations. And in an process is to make it more complex, often imaginary excesses are inflated effort to avoid lawsuits in the future, more time-consuming, more uncertain. into an anti-Government scenario of agencies will practice defensive rule- Will those who feel most aggrieved by bureaucrats run amok—is surely not making—being overly cautious, spend- the current system be better served if the way to accomplish real regulatory ing enormous amounts of money and they succeed in their attempt at ret- reform. becoming even more bureaucratic. ribution? Now, Mr. President, I am impressed This is not reform. It makes the reg- The fact is, Mr. President, that the by the extent of the changes in S. 343 ulatory system more bureaucratic, not big corporations whose contributions since it was reported out of the Judici- less. It results in more litigation and have bought them access to the legisla- ary Committee. The sheer volume of less policy. It makes it harder for the tive process—those corporations have revisions confirms, I believe, the mi- Government to respond to legitimate always been able to make the system nority view back then that it was seri- needs. work. They play the regulatory system ously flawed and not ready for consid- Furthermore, the bill includes new like a harp, and they have helped to eration by the full Senate. cumbersome and complicated processes write the new rules of the game, a The changes also reflect the good by which industry and special interests game in which their deep pockets and work of many of my colleagues, includ- can petition to have existing rules hefty legal staffs will carry a lot of ing Senator ROTH and Senator JOHN- thrown out. There are numerous of weight. STON, who have lent their expertise to these petition processes in the Dole- But what about the guy who cannot remove some of the worst elements of Johnston bill—and each of them can be sail or fish on the Delaware River, or the earlier version of S. 343. They have brought into court if the agency denies cannot take his family to the beach, spent hours and hours over recent the petition. That explosion in litiga- when our waters are not protected? weeks debating and revising the details tion simply is not what regulatory re- What about the family with crippling of what we all agree is a very complex, form is about. health care costs from their child’s res- arcane bill. The effect of these and other proce- piratory problems when our air is not But the volume of changes also has dural hurdles would be either to re- clean? its downside, Mr. President. It means quire larger bureaucracies, with bigger What of the small businesswoman that this bill, in its current form, has budgets—or, more likely under current who just wanted a fair shake and a never been the subject of committee conditions—to make the process of get- straight answer, who is told by OSHA hearings or debate. It has remained a ting out new, better rules virtually or the EPA, ‘‘Sorry, that rule has been moving target, defying any attempt to endless. held up by another petition—we cannot analyze the cumulative implications of If advocates of this gridlock think tell you how to bring your business its many interrelated subchapters and that hog-tying the bureaucracies will into compliance?’’ provisions.

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10217 In the process, it has become an move back to reform old rules and A second major change. Senator amalgam of innumerable drafts and re- move ahead to be sure future rules GLENN’s substitute guts the judicial re- visions, last-minute concessions, and make sense. view provision that was in the Roth internal inconsistencies. Mr. President, allow me to draw an bill. Section 623(e) of the Roth bill and The Dole bill began as a proposal analogy. You could compare S. 343 and the original Glenn bill stated that the that would frustrate, not promote re- the Glenn substitute to automobiles cost-benefit analysis and risk assess- form, by adding paperwork, delays, and that purport to allow us to take this ment shall, to the extent relevant, be costs to a system already swamped by journey which we all say we want to considered by a court in determining procedures. The many changes that make. the legality of the agency action, and have been adopted in recent weeks As I detailed yesterday, if you look that meant that the court should focus have blunted, but not deflected, its at these two vehicles, they look similar on the cost-benefit analysis in deter- original intent. at first blush. From a distance, they mining whether the rule was arbitrary That is why I am pleased to support both have provisions for cost-benefit and capricious. the efforts of Senator GLENN, Senator analysis, review of existing rules, risk The Glenn substitute strikes that CHAFEE, and many others, to revive a assessment, comparative risk analysis, language. That weakens the whole bill. superior approach to legislative re- market mechanisms and performance That means the Glenn vehicle has no form, one that was subject to extensive standards, reform of the Regulatory engine. The Glenn substitute does hearings, and that enjoyed a unani- Flexibility Act, congressional review of adopt cost-benefit language that was in mous, bipartisan vote from the Govern- rules, and regulatory accounting. the Roth bill. But without any mean- mental Affairs Committee. When you try to start the Glenn ve- ingful judicial review, the cost-benefit I am pleased to be an original cospon- hicle, you find it does not go backward. test does not mean much at all. For a sor of this alternative, that is a tough, It will not ensure that old, irrational reviewing court, the analysis is just considered approach to regulatory re- rules already on the books are reviewed another piece of paper among the thou- form, that raises the standards for the and reformed. You will find that the sands of pieces of paper in the rule- regulations that will be written from Glenn vehicle does not go forward. It making record. now on, and that provides a rational does not have a focused cost-benefit The Glenn substitute asks the agency program to assure all earlier regula- test which will ensure that new rules to publish a determination whether the tions meet these new, higher stand- make sense, that their benefits justify benefits justify the costs. But the ards. their costs. When you look under the Glenn substitute does not push regu- Mr. ROTH addressed the Chair. hood of the Glenn vehicle, you will find lators to issue rules whose benefits ac- The PRESIDING OFFICER (Mr. to your surprise that it has no engine. tually do justify their costs. I have al- ASHCROFT). The Senator from Dela- The judicial review provision is so ways believed we need a stronger cost- ware. weak that an agency can do a very benefit test. Mr. ROTH. Mr. President, I rise to sloppy job of doing a cost-benefit anal- In effect, the Glenn substitute mere- call upon my colleagues to take a lead- ysis or other analysis and then does ly asks the agency to do a cost-benefit ership role to change the status quo, to not have to act upon that analysis, so analysis. However, the agency can do a reduce the cumulative regulatory bur- it makes a difference on the rule. And poor analysis and, worse still, does not den that costs the average American there is little anyone can do about it. have to act upon the analysis. In other family $6,000 per year, and to ensure Now, what good is this—a car that words, the cost-benefit analysis need that we will have smarter, more cost- cannot go in reverse, cannot go for- not make a difference in the rule. The effective regulation that will benefit us ward, and has no engine? That vehicle rule can still be inefficient and ineffec- all. will get you nowhere. That is the tive. This is not the Roth bill. This is I rise to repeat once again that Glenn substitute. If we are to have not what I want, and it is not what the meaningful regulatory reform is crit- that, we may as well not have a regu- American people want. ical to ensuring that we reduce the reg- latory reform statute because the Mr. President, the Dole-Johnston ulatory burden while still ensuring Glenn substitute represents nothing compromise is the proper vehicle for strong protections for health, safety, but the status quo. regulatory reform. It will allow us to and the environment. The answer to Mr. President, I need to take a little go back to review old rules on the this problem is legislation that will time to dispel a very serious mis- books. It will allow us to go forward make a difference. Make no mistake conception that some people have and to ensure, as a general rule, new about it, the answer to this problem is about the Glenn substitute, and that is rules will have benefits that justify the Dole-Johnston compromise, not the it is not—it is not—the Roth bill. The their costs. It has an engine to ensure Glenn substitute. Glenn substitute is not by a long shot we will get where we want. And I urge Mr. President, there is no argument S. 291, the bill that I introduced in Jan- my colleagues who want real regu- but what the regulatory process is bro- uary and that was reported unani- latory reform to set aside partisan pol- ken. Virtually every authority who has mously out of the Governmental Af- itics and join me in supporting the studied the regulatory process—from fairs Committee. Dole-Johnston compromise. Justice Stephen Breyer to the Carnegie While S. 291 was itself a compromise The truth is, if you compare the Dole Commission, from Vice President GORE and was originally adopted by Senator bill and the Glenn bill section by sec- to the Harvard Center for Risk Anal- GLENN as S. 1001, he has now taken tion, they, at first blush, look a lot ysis, from scores of scholars to dozens steps to fatally weaken it. alike. At bottom, there are some very of think tanks—agrees that the regu- Let me briefly highlight a few major key, important differences. First, latory process needs to be reformed. departures. First, the Glenn substitute meaningful regulatory reform must And this problem is so undeniable that seriously weakens the lookback provi- change future rules. The key to ensur- I do not believe any of my colleagues sion that was in the Roth bill. The ing that new rules will be efficient and would publicly deny that there is a Roth bill required agencies to review cost-effective is to have an effective problem. But the question remains, all major rules in a 10-year period or be cost-benefit test. The Dole bill has a fo- who wants to do something about this subject to sunset or termination. cused cost-benefit test. The decisional problem that none of us can deny? The revised Glenn substitute now criteria in section 624 ensures that the I submit that the Dole-Johnston makes the review of rules a purely vol- benefits of a rule will justify its cost compromise, S. 343, will do something untary undertaking. There are no firm unless prohibited by the underlying about the problem. It will effect mean- requirements about the number of law authorizing the rule. ingful, responsible regulatory reform. rules to be reviewed or which rules to In contrast, the Glenn bill has no And I regret to say that the Glenn sub- review. In other words, it is a matter cost-benefit decisional criteria. The stitute will not. up to the sole discretion of the agency. bill requires that a cost-benefit anal- We all agree that we do not want to There are no requirements about the ysis be done, but the bill does not re- be where we are with Government reg- number of rules, if any, that have to be quire that the cost-benefit analysis be ulation. We will admit that we need to reviewed. used or that the rule will be affected by

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10218 CONGRESSIONAL RECORD — SENATE July 18, 1995 the cost-benefit analysis. The agency view. It does not require any particular S. 291 which, of course, is the regu- only has to publish a determination number of rules to be reviewed, and if latory reform bill I introduced in Janu- whether the benefits of a rule will jus- someone asks the agency to review a ary, which did receive bipartisan sup- tify its cost and whether the regulation particular rule, there is no judicial re- port of the Committee on Govern- is cost effective. But the Glenn bill view of a decision declining to place mental Affairs. I say, as I stated ear- does not push regulators to issue rules the rule on the schedule. Moreover, lier, that while the original Glenn bill whose benefits actually do justify their there is no judicial review of any of the was similar to the Roth bill, the latest costs. I have always believed that an deadlines for completing the review of version of the Glenn bill seriously dif- effective regulatory reform bill should any rules. fers from the Roth bill. Many of the have a stronger cost-benefit test. Mr. GLENN. Will the Senator yield provisions have been weakened. The Some of my colleagues have com- for a question? Roth bill and the original Glenn bill re- plained about the least cost component Mr. ROTH. My time is limited, so I quired agencies to review all major of the decisional criteria. Many of us want to continue. rules in a 10-year period with a possible have been willing and have sought to The third point I want to emphasize 5-year extension, or the rules would negotiate language to substitute for or is that effective regulatory reform sunset or terminate. The revised Glenn remedy some of the concerns as ex- must be enforceable to be effective. substitute lacked any firm requirement pressed by my colleague, but I want That means there has to be some op- about the number of bills to be re- now to return to a second point about portunity for judicial review of the re- viewed. regulatory reform. quirements of the legislation, just as Now, Mr. President, I think that is a The PRESIDING OFFICER. The there is with most any law Congress very important and very significant Chair advises the Senator that under a passed. S. 343 strikes a balance by al- change. As a matter of fact, as I said previous order, the Senate was to re- lowing limited but effective judicial re- earlier, anyone who has reviewed the cess at 12:30 and not to reconvene until view. regulatory rules on the books have 2:15. S. 343 carves away from the standard agreed that many of them are, today, Mr. GLENN. Mr. President, I ask level of judicial review provided by the irrelevant, cumbersome, and not unanimous consent—— Administrative Procedures Act which equipped to do the job that they were The PRESIDING OFFICER. The Sen- has existed for almost 50 years. The intended. These studies have been ator from Delaware has the floor. limited judicial review provided by S. made by distinguished organizations, EXTENSION OF TIME FOR RECESS 343 will help discourage frivolous law- including a group at Harvard. Our Mr. ROTH. Mr. President, I ask unan- suits, and that is why S. 343 has limited former colleague, and now Vice Presi- imous consent that the recess ordered judicial review. dent GORE, has stated on a number of for 12:30 p.m. today be delayed in order An agency’s compliance or non- occasions, as part of his program to re- that Senator DASCHLE be recognized to compliance with the provisions of S. invent Government, that many regula- speak for a period of not more than 10 343 can be considered by a court to tions are undesirable. So I think it is a minutes. some degree. The court can, based on very, very serious mistake the way the The PRESIDING OFFICER. Without the whole rulemaking record, deter- Glenn substitute has weakened the objection, it is so ordered. mine whether the agencies sufficiently lookback provisions of this legislation. Mr. GLENN. Mr. President, I ask complied with the cost-benefit analysis As I said, my original bill required unanimous consent that Senator ROTH and risk assessment requirements of S. all rules to be reviewed in a 10-year pe- be permitted to speak until the minor- 343 so that the rule passes muster upon riod, subject to a 5-year extension, and ity leader reaches the floor. the arbitrary and capricious standard. if a rule were not reviewed in that pe- The PRESIDING OFFICER. Without The arbitrary and capricious stand- riod of time, then, of course, the rule objection, it is so ordered. ard is very deferential to the agency. A would be terminated. Under the revised Mr. ROTH. I thank the distinguished court would uphold the rule unless the Glenn substitute, that is not the case. Senator. agency’s cost-benefit analysis or risk It leaves everything entirely in the dis- Mr. President, as I was saying, I want assessment was so flawed that the rule cretion of the agency head. An agency to return to a second point about regu- itself was arbitrary and capricious. The head could provide a 5-year schedule of latory reform. Effective regulatory re- court would not strike down a rule reviewing rules that includes many ap- form cannot be prospective only. It merely because there were some minor propriate rules. On the other hand, he must look back to reform old rules al- procedural missteps in the cost-benefit or she could include one, zero, or five, ready on the books, and the Dole-John- analysis or risk assessment. as there are no requirements in the ston compromise contains a balanced, In contrast, the Glenn substitute, as current version of the Glenn legislation workable and fair resolution of how now redrafted, does not permit mean- that rules be reviewed. agencies should review existing rules. ingful judicial review of the risk as- As I say, I think this is a serious mis- Agencies may select for themselves sessment or cost-benefit analysis. The take. Worse still, Senator GLENN has any particular rules that they think Glenn substitute only requires a court weakened the judicial review provision need reexamination, while allowing in- to invalidate a rule if the cost-benefit that was in the Roth bill and that terested parties to petition the agency analysis or risk assessment was not originally appeared in the Glenn bill. to add an overlooked rule. done at all. But the Glenn substitute Here I have reference to section 623(E) To ensure that only a limited number does not really allow the court to con- of the Roth bill, the original bill, which of petitions will be filed, S. 343 limits sider whether the cost-benefit analysis stated that the cost-benefit analysis petitions to major rules and sets a high or risk assessment was done properly. and risk assessment shall, to the ex- burden of proof. Petitioners must show Indeed, the language of the legislation tent relevant, be considered by a court a substantial likelihood that the rule has been so weakened that now sub- in determining the legality of the could not satisfy the cost-benefit stantial portions of this bill are irrele- agency action. decisional criteria of section 624. This vant to the extent that a court could This is a matter that is particularly is an efficient and workable method to not require the agency to perform the bothersome, because what the proposed review problematic rules. cost-benefit analysis, the risk assess- legislation provides is that an agency The Glenn substitute, on the other ment or peer review in the manner pre- will make a cost-benefit analysis and, hand, makes the review of agency rules scribed by the bill. where appropriate, it will make a risk a voluntary undertaking. There are no Compliance with cost-benefit anal- assessment. But there is no require- firm requirements for action, no set ysis and risk assessment requirements ment in the Glenn substitute that ei- rules to be reviewed, no binding stand- of the bill would be optional by the ther the cost-benefit analysis or risk ard, no meaningful deadline. agency, the same way it is optional for assessment be used in the rulemaking The Glenn substitute simply asks them to comply with the Executive process. Now, it seems to me that that that every 5 years, the agency issue a order that now requires these analyses. destroys the whole purpose of regu- schedule of rules that each agency, in Now, Senator GLENN has claimed latory reform. I think many of us feel its sole discretion, thinks merits re- that his bill is essentially the same as very strongly that regulatory reform,

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10219 as a general rule, means that benefits Many, if not all, of these regulations well impose more costs on the Federal should justify costs. would be subject to the cost-benefit Government—and thus the taxpayers— Mr. President, I ask unanimous con- and risk assessment delays of this bill. than it purports to save in regulatory sent that the time before the recess be They would be subject to the decision expenses. further extended for a statement to be criteria in the bill calling for the least- At a time when we are trying to made by the majority leader, following cost option, and they would be subject downsize the Government and balance the statement of the minority leader. to judicial challenge. Do we really the Federal budget, it makes little The PRESIDING OFFICER. Without want to foreclose regulatory options sense to consider legislation that objection, it is so ordered. that would provide greater benefits to would reverse our course. Last week, The minority leader is recognized. farmers? Is this what we really want the House appropriators recommended Mr. DASCHLE. Mr. President, I ap- for rural America? I certainly do not cutting the Environmental Protection preciate very much the distinguished think that this makes sense for South Agency’s budget by one-third. Other Senator from Delaware accommo- Dakota or any other rural State. Federal agencies will surely feel the dating both myself and the majority Recently, the majority leader, came budget knife this year and in the years leader. to the floor of the Senate to discuss the to come. Mr. President, over the last week we power of shame. His comments were Where will the money to pay the have debated a regulatory reform bill made in the context of the public de- costs of this bill come from? Where will that poses a number of serious con- bate over the content of Hollywood we find this army of analysts to fulfill cerns. Senators have come to the floor movies. all the new requirements of this bill? with amendments to address those con- The leader made the point that Who will pay for them? cerns for over a week now. shame can be a very valuable tool in The primary beneficiaries of this bill It has become increasingly clear that the effort to encourage movie-makers will be the large corporate law firms, in order to produce a bill that will be to be more socially responsible in writ- which undoubtedly will enjoy a renais- acceptable to a majority of this body ing and producing movies. I agree. I sance of business if it becomes law. The and the President, significant changes think that in this society, shame can judicial review provisions invite a mo- will need to be made. Frankly, given be a very powerful means of encour- rass of litigation. In fact, I understand the way the debate has gone—the fact aging more responsible behavior. that there will be at least 144 different that we have until now been unable to Certainly, the evidence is clear that issues that can be litigated, if this bill pass most of our amendments—I am the Community-Right-To-Know Pro- is enacted. It is ironic that this body not optimistic that we will be able to gram has been able to put shame to passed legislation limiting opportuni- bring this bill into a form that is rea- good use. What industry wants to de- ties for litigation earlier this year and sonable and responsible, unless the cir- clare year after year that they are re- now stands poised to pass a bill de- cumstances change. leasing poisons into the air and water signed to create an explosion of litiga- Despite efforts last week to clarify of local communities? What industry is tion. that the bill will not override existing so callous that it is not moved to re- Mr. President, no Senator would law, the so-called least-cost standard duce those releases when faced with agree that every regulation that has that remains will drive agencies away public disclosure of its behavior? ever been issued by the Federal Gov- from choosing more cost-effective and Why, then, if we can agree that ernment makes good sense. All of us thus economically sensible and justifi- shame is such a powerful tool, are we Members recognize that excesses occur able regulatory options. attempting to erode the effectiveness in the development and enforcement of Last week, the Senate rejected by of the toxic release inventory—known rules. one vote my amendment to protect the as the Community-Right-To-Know Pro- In many cases, we in Congress are to ability of the Department of Agri- gram—in this bill? blame, as we enact laws that provide culture to issue its proposed rule re- Last Thursday, this body voted little or ambiguous regulatory guid- quiring science-based hazard analysis against an amendment by Senators ance. Federal agencies are staffed by and critical control point, or HACCP, BAUCUS and LAUTENBERG to protect the human beings, who are known to make systems in meat and poultry inspec- Community-Right-To-Know Program. mistakes from time to time. The polit- tions. Apparently, despite the clear success ical winds frequently change, carrying I later learned that while I was here of this program in getting industries to the Federal agencies in different and on the Senate floor recounting the cut their releases of toxic chemicals, often inconsistent directions. So, the story of 2-year-old Cullen Mack, a shame is too tough a medicine for some entire process is imperfect. young boy from South Dakota who fell industries to endure. Instead of sham- The question we are confronted with, ill from eating beef contaminated with ing the special interests into respon- then, is how can we improve the regu- E. coli bacteria, people were suffering sible behavior, the Senate essentially latory development process without from E. coli poisoning in at least four defended the special interests’ shame- crippling the ability of the Federal States: Georgia, Tennessee, Wisconsin, ful behavior. Government to protect the quality of and Illinois. In addition to the special-interest our food supply, our water, our air, and So, despite the fact that we are con- fixes and the willingness of the spon- all the other of those services that fronted presently by real gaps in our sors of the bill to undermine even the Americans have come to expect. ability to ensure a safer food supply, most needed and supported rules, there The bill we have been debating now and despite the fact that the USDA are countless opportunities for peti- for a week was seriously flawed when it rule would take a huge step toward tions in the bill that will consume vast was introduced, and our efforts to im- that goal, we continue to have a bill agency resources. Petitions themselves prove it have been thwarted. It remains that would subject that rule to legal are subject to judicial review, increas- a bill that could be used to undermine challenge and consequent delay. ing the likelihood of delay and admin- the ability of the Federal Government Farmers have special concerns about istrative burden. to carry out its responsibility to pro- this bill. The Department of Agri- The sum effect of all these provisions tect our environment and the health of culture each year issues regulations to would create havoc with out ability to American families. It is not emblem- implement the farm program— regula- protect public safety. The Office of atic of the type of society that most tions that address wheat, wool, rice, Management and Budget estimated Americans believe we should be striv- cotton, and feedgrain programs. The that the Dole-Johnson bill would cost ing for, and should not be enacted in Department issues regulations to im- the Federal Government roughly $1.3 its current form. plement the Federal crop insurance billion to implement, including the sal- The alternative regulatory reform program and the Conservation Reserve aries of an additional 4,500 full-time bill that has been introduced by Sen- Program. USDA marketing orders—or- Federal employees, who would be need- ators GLENN, CHAFEE, and others would ders which are voluntarily approved by ed to fulfill the bills’ requirements. I provide serious, constructive reform agricultural producers—are imple- am skeptical that the bill itself could that I believe should gain broad sup- mented through Federal regulations. even pass a cost-benefit test. It may port. Unlike the Dole bill, the Glenn-

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10220 CONGRESSIONAL RECORD — SENATE July 18, 1995 Chafee bill would limit the opportuni- that might also be antagonistic to such RECESS UNTIL 2:15 ties for litigation to the fundamental rules with the incentive to inten- The PRESIDING OFFICER. Under question of whether the rule is a major tionally fail to perform reviews as a the previous order, the Senate will now rule and whether the final rule is arbi- back-door means of repealing existing stand in recess until the hour of 2:15 trary and capricious, taking into ac- rules and thwarting the will of Con- p.m. count the entire rulemking record. Un- gress. Thereupon, the Senate, at 12:53 p.m., like the Dole bill, it does not allow ju- Second, the Glenn-Chafee bill elimi- recessed until 2:15 p.m.; whereupon, the dicial review of the agency decisions to nates the narrative definition of major Senate reassembled when called to grant or deny petitions. rules, adding clarity to the bill, and order by the Presiding Officer [Mr. The Glenn-Chafee bill contains no limiting its scope so as not to overbur- GRAMS]. special-interest fixes, which do not be- den Federal agencies. long in a procedural bill like this and Finally, the Glenn-Chafee alternative f which should only be addressed incorporates technical changes to the through hearings and legislation de- risk assessment portions of the bill to bated within the committees of juris- more closely track recommendations COMPREHENSIVE REGULATORY diction. made by the National Academy of REFORM ACT The Glenn-Chafee alternative does Sciences, and to cover specific pro- The Senate continued with the con- not impose rigid criteria of the Dole grams, not merely agencies. sideration of the bill. bill that agencies must apply when se- These changes strengthen the bill, VOTE ON AMENDMENT NO. 1581 lecting a regulatory option, driving make it more responsible and more The PRESIDING OFFICER. Under agencies toward the cheapest, but not reasonable. If the Senate is interested the previous order, the question now necessarily the most cost-effective, al- in real reform and wants to pass a bill occurs on amendment No. 1581. ternative. that can be signed into law then I urge Mr. SHELBY. Mr. President, I ask for I think we can all agree that the my colleagues to support this sub- the yeas and nays on the GLENN costs and benefits of proposed rules stitute. amendment. should be considered during their de- Mr. President, I know the distin- The PRESIDING OFFICER. Is there a velopment. But calculating those costs guished majority leader is here. To ac- sufficient second? and benefits can present a great chal- commodate him and allow Senators to There is a sufficient second. lenge. get to the caucus, I yield the floor. What is the value of ensuring that The yeas and nays were ordered. Mr. DOLE. Mr. President, I thank the our children and grandchildren do not The PRESIDING OFFICER. The Democratic leader, Senator DASCHLE. I suffer the effects of lead on their abil- question is on agreeing to the amend- will take just a moment. I want to re- ity to reason? What is the value of en- ment. The clerk will call the roll. view for my colleagues. I think we suring that when we take our families The legislative clerk called the roll. made some progress on the regulatory to see the Grand Canyon, the air will The PRESIDING OFFICER. Are there reform bill. I think everybody would be clean and we will have a clear view any other Senators in the Chamber like to vote for regulatory reform. of that incredible vista? Given the ex- who desire to vote? There are some limits. We cannot ac- treme challenges in characterizing The result was announced—yeas 48, commodate everyone’s request. We these values, does it make sense to nays 52, as follows: would have a bill that many on this apply such a rigid test to the rules that [Rollcall Vote No. 310 Leg.] side and many on that side would not will effect the quality of our lives so YEAS—48 vote for if we tried to accommodate profoundly? Akaka Feingold Lieberman The Glenn-Chafee substitute places every request. Baucus Feinstein Mikulski cost-benefit analysis in proper perspec- There will be a cloture vote imme- Biden Ford Moseley-Braun diately after the vote on the so-called Bingaman Glenn Moynihan tive. It requires agencies to identify Boxer Graham Murray the costs and benefits of proposed Glenn-Chafee substitute. I think there Bradley Harkin Nunn rules, but does not elevate cost consid- will be a third cloture vote. As I set Bryan Hollings Pell erations above all else. The cheapest out in the schedule, hopefully we would Bumpers Inouye Pryor finish this bill today, to start on Bos- Byrd Jeffords Reid option is not always the best or the Chafee Kennedy Robb most cost-effective one. nia late this evening or early tomorrow Cohen Kerrey Rockefeller The Glenn-Chafee bill follows an ap- morning. Conrad Kerry Sarbanes There has been a cloture petition Daschle Kohl Simon proach that I believe provides a far bet- Dodd Lautenberg Snowe ter representation of the goals and ob- filed. There could be a third cloture Dorgan Leahy Specter jectives of mainstream America with vote. I have not made that final deter- Exon Levin Wellstone respect to regulatory reform. Appar- mination. Sooner or later, we have to NAYS—52 recognize we have just about accommo- ently the Governmental Affairs Com- Abraham Gorton McCain mittee agrees with me. dated everybody we can. We have made Ashcroft Gramm McConnell I say that because the Glenn-Chafee a number of major changes in this leg- Bennett Grams Murkowski is nearly identical to the bill passed islation. Some are concerned that per- Bond Grassley Nickles haps we made too many—‘‘we,’’ talking Breaux Gregg Packwood unanimously by the Governmental Af- Brown Hatch about the people who manage the bill Pressler fairs Committee. It is moderate and Burns Hatfield Roth sensible, and I believe it should serve and understand the bill. Campbell Heflin Santorum Coats Helms We think it is a good bill. It is real Shelby as a model for reforming the regu- Cochran Hutchison Simpson latory process. The modifications that regulatory reform. It is what the Coverdell Inhofe Smith Senators GLENN and CHAFEE subse- American people are demanding. It is Craig Johnston Stevens quently made to the Governmental Af- what small businessmen, farmers, D’Amato Kassebaum DeWine Kempthorne Thomas fairs-passed bill represent good, sen- ranchers, everybody else is demanding. Dole Kyl Thompson sible improvements. We believe it is time to come to grips Domenici Lott Thurmond First, we have eliminated the arbi- with it, and move on to something else. Faircloth Lugar Warner trary sunset for existing rules, that We have had parts of 9 days on this Frist Mack would have occurred whenever an agen- bill. That seems to be a standard on So the amendment (No. 1581) was re- cy failed to perform the needed review the Senate side. Everything takes 9 jected. in a timely manner. Given the history days. Maybe this will take 10 days. I do Mr. DOLE. I move to reconsider the of antagonism to environmental and not know that the end is in sight. I vote by which the motion was rejected. public health and safety regulations alert my colleagues, if you are for reg- Mr. HATCH. I move to lay that mo- that have been demonstrated by recent ulatory reform, vote for cloture; if you tion on the table. administrations, it does not make are opposed to regulation reform, vote The motion to lay on the table was sense to provide future administrations no, as you did yesterday. agreed to.

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10221 CLOTURE MOTION Mr. BRADLEY. I rise to express seri- health and safety. But the rules must The PRESIDING OFFICER. Under ous reservations about S. 343, the regu- be reasonable. They must make sense. the previous order, pursuant to rule latory reform bill. After listening to That is exactly what the Dole sub- XXII, the Chair lays before the Senate over a week’s debate, I remain doubtful stitute amendment attempts to ensure. the pending cloture motion, which the that a vote in favor of S. 343 would Mr. President, when I talk with clerk will state. serve the best interests of the Amer- South Dakotans, few topics raise their The legislative clerk read as follows: ican people. While I support carefully blood pressure faster than when they crafted regulatory reform efforts like describe their frustrating dealings with CLOTURE MOTION the Glenn-Chafee substitute, S. 343 the Federal bureaucracy. Government We, the undersigned Senators, in accord- does not meet my standards nor the is supposed to work for us, not against ance with the provisions of rule XXII of the us. Yet time after time, I hear horror Standing Rules of the Senate, hereby move standards of the people of New Jersey. to bring to a close debate on the pending I doubt whether my constituents stories of Washington bureaucrats run- substitute amendment to S. 343, the Regu- want new red tape requirements which ning amok, imposing complicated, latory Reform Bill: would delay long-awaited regulations costly and silly rules. Bob Dole, Bill Roth, Fred Thompson, for food safety, drinking water quality, Our current regulatory system is too Spencer Abraham, Kay Bailey worker protections and pollution con- large, too complicated, too burden- Hutchison, Jon Kyl, Chuck Grassley, trol. Even with the changes adopted some, and too expensive. Worst of all, Craig Thomas, Orrin Hatch, Larry E. during the last week, S. 343 is still a it is rapidly growing out of control. In Craig, Mitch McConnell, Conrad Burns, prescription for delay, duplication, and the first two years of the Clinton ad- Bob Smith, Jesse Helms, Jim Inhofe, Judd Gregg. judicial gridlock. ministration, almost 140,000 pages of S. 343 is not true reform. It is full of new Federal regulations were pub- f exemptions and special interest provi- lished. This is excessive. There is no CALL OF THE ROLL sions unrelated to the basic bill or way small businesses, local govern- which give assistance to particular in- ments, or farmers and ranchers in The PRESIDING OFFICER. Under dustries. Its provisions will swamp South Dakota can possibly keep up the previous order the mandatory agencies with requirements for hun- with the changes. quorum call has been waived. dreds of new, costly, and time-con- Our current system costs all of us f suming analyses and it will undermine dearly. According to Thomas Hopkins, an economics professor at the Roch- VOTE needed health, safety and environ- mental regulations already on the ester Institute of Technology and the The PRESIDING OFFICER. The books. former Deputy Administrator of the question is, Is it the sense of the Sen- S. 343 is filled with new opportunities Office of Management and Budget, ate that debate on the amendment for endless rounds of judicial review. OMB, every American household numbered 1487 to S. 343, the regulatory Yesterday, our colleague Senator JOHN spends about $4000 of their hard-earned reform bill, shall be brought to a close? KERRY stated that the bill still con- income annually to comply with Fed- The yeas and nays are required under tained 88 new places for court interven- eral regulations. As a nation, we spend the rule. The clerk will call the roll. tion in the regulatory process, despite between $500 and $800 billion each year. The bill clerk called the roll. the efforts of many Senators to im- The overwhelming majority of Amer- The PRESIDING OFFICER. Are there prove this aspect of S. 343. icans agree the Federal bureaucracy any other Senators in the Chamber de- S. 343 could result in the sunset of needs an overhaul. Last November’s siring to vote? many regulations if agencies failed to election was a clear indication for The yeas and nays resulted—yeas 53, review them accordingly to required smaller, smarter government with less nays 47, as follows: time schedules. Even worse, the sched- redtape. This legislation takes a big [Rollcall Vote No. 311 Leg.] ules themselves might be manipulated step in that direction. Its main provi- YEAS—53 by special interests who could overload sion simply would require that before Abraham Gorton McCain agency review agendas and tie them up major new regulations are enacted, Ashcroft Gramm McConnell until regulations expired. Federal regulators must show that the Bennett Grams Murkowski Finally, S. 343 still includes language benefits justify the costs. This is sim- Bond Grassley Nickles which favors the least cost and not the Breaux Gregg ple common sense. It would force Fed- Packwood most cost-effective regulations—an af- Brown Hatch Pell eral regulations to be reasonable. If a Burns Hatfield Pressler front to common sense which could re- Federal regulator cannot show that the Campbell Heflin Roth sult in missed opportunities for sen- costs of a proposed rule are justified by Coats Helms Santorum Cochran Hutchison sible regulatory revisions. the benefits, why should we allow it be Shelby Coverdell Inhofe Mr. President, this country needs implemented? Common sense says we Simpson Craig Johnston regulatory reform. Regulated busi- Smith should not. This is a sensible hurdle D’Amato Kassebaum nesses and individuals deserve the most DeWine Kempthorne Stevens that newly proposed rules should be re- Dole Kyl Thomas flexible, cost-effective regulations quired to clear. Domenici Lott Thompson agencies can craft while still providing Mr. President, let me give two recent Faircloth Lugar Thurmond the protections Congress has provided examples of ridiculous Federal regula- Warner Frist Mack and all of us need. But it is also time tions that demonstrate the need for NAYS—47 for us to admit the real cause of many this legislation. The U.S. Environ- Akaka Feingold Lieberman regulatory complaints—overly pre- mental Protection Agency, EPA, is Baucus Feinstein Mikulski scriptive and sloppily drafted legisla- charged with enforcing our Nation’s Biden Ford Moseley-Braun Bingaman Glenn tion. safe drinking water laws. In an effort Moynihan While this bill needs further work, I Boxer Graham Murray to enforce the law, the EPA zealously Bradley Harkin Nunn hope we can resume negotiations and over interprets congressional intent. In Bryan Hollings Pryor produce a regulatory reform bill we all effect, they rewrite the law ‘‘raising Bumpers Inouye Reid Byrd Jeffords can support. the bar’’ for municipalities by requir- Robb Chafee Kennedy AMENDMENT NO. 1487 Rockefeller ing excessively burdensome water Cohen Kerrey Sarbanes Mr. PRESSLER. Mr. President, standards without comparing the costs Conrad Kerry Daschle Kohl Simon today I rise to express my support for of their rules to the benefits they hope Dodd Lautenberg Snowe the substitute regulatory reform to achieve. Dorgan Leahy Specter amendment currently pending before Each year it seems, state and local Wellstone Exon Levin the Senate. I commend Senator DOLE officials are told last year’s water The PRESIDING OFFICER. Three- for putting together a measure that is standards are no longer good enough. fifths of the Senators duly chosen and balanced, fair and commands bipar- They are forced by the EPA to perform sworn not having voted in the affirma- tisan support. Certainly, we need Fed- costly new tests for presences in their tive, the motion is rejected. eral regulations to protect the public water supply. Unfortunately, the EPA

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10222 CONGRESSIONAL RECORD — SENATE July 18, 1995 frequently relies on questionable evi- Mr. President, what would these extinction? Farmers and ranchers in dence to show why the changes are nec- communities get in return for these my home State do not understand this. essary. For many rural communities in shocking rate increases? Nothing. That I do not either. If this absurd rule had South Dakota, excessive drinking is right. For years, South Dakotans been enacted, killing prairie dogs water standards threaten to break have been drinking water containing would have been a Federal offense. their small budgets. sulfate with no apparent adverse Their population quickly would have Recently, the EPA has proposed yet health effects. The EPA has not been grown far beyond their current num- another standard—one that would re- able to show scientifically that higher bers—causing more harm and destruc- quire communities to regulate sulfate levels of sulfate in drinking water pose tion to South Dakota farmers and levels in drinking water supplies. This a real health threat to humans. The ranchers—all with the Federal Govern- proposed standard has been made de- proposed rule would ensure drinking spite the fact there is no valid sci- water has less sulfate, but that does ment’s blessing. If the situation several entific showing of harm resulting from not mean it is safer water. However, an months ago were not so serious, it higher levels of sulfate. Congress in- EPA bureaucrat thinks the Federal would have been laughable. structed the EPA to study this issue. Government should regulate sulfate. These examples show why people in However, instead of evaluating the These plans are being made regardless my home State are fed up with the health risk of sulfate in drinking of the enormous costs involved on Federal regulatory process. I am too. Is water, the EPA proposed a sweeping small communities. This situation does it any wonder why we believe the Fed- rule to allow no more than 500 milli- not make sense. eral bureaucracy is out of control and grams of sulfate per liter of drinking Mr. President, as I stated earlier, must be reined in? South Dakotans cer- water. When promulgating the pro- clearly we need to take precautions to tainly want safe drinking water, safe posed rule, the EPA did not consider ensure the quality of our drinking food and a clean environment. But they the costs of compliance. They have not water. However, common sense says, also want Federal rules that are rea- explained or justified the supposed ben- before spending billions nationwide to efits the rule attempts to attain. They comply with a new regulation, we sonable, understandable and flexible to also have not given any reliable sci- should ensure the benefits are worth allow as much compliance as possible. entific basis for this rule. the costs. The EPA should be required That is why I support the Dole sub- The costs of enacting the proposed to demonstrate why it now believes stitute amendment. If it were enacted sulfate regulation would be enormous. sulfate is dangerous to human health. the EPA could not implement its pro- It would affect roughly one-quarter of They should have to show how the ben- posed sulfate rule until it can show all the water systems in South Da- efits of their new rule justify the enor- that the benefits of the rule justify the kota—108 of the 483 water systems in mous costs it would impose on small enormous costs involved. Again, is that the State. The South Dakota Depart- communities like Madison and Big too much to ask? ment of Environment and Natural Re- Stone City. That is what the Dole sub- sources, DENR, which opposes the stitute would require of the EPA. Is In addition to benefiting consumers, EPA’s proposed sulfate rule, has esti- that too much to ask? this legislation also would have a posi- mated the costs of compliance for Mr. President, let me give another tive impact on small businesses in my those water systems would be $40 to $60 example of a ridiculous Federal regula- State. The current level of regulation million. That is just the initial cost of tion that, several months ago, threat- from Washington puts an incredible compliance—not including operation ened farmers and ranchers in my State. burden on small businesses. Over-regu- and maintenance costs. Small, rural The proposed regulation concerned the lation chokes businesses in paperwork, communities in South Dakota should Endangered Species Act. Earlier this stifles innovative ideas and undermines not be forced to pay such a high price spring, the U.S. Fish and Wildlife Serv- the ability of American businesses to to enforce a regulation that has no ice considered listing prairie dogs compete in international markets. I valid scientific justification. under the Endangered Species Act, en- have talked to many small business- Let me put these figures in real titling them to numerous protections men and women who believe due to the terms we can all understand. The larg- under Federal law, despite the fact sheer number of regulations, the com- est of the 108 affected communities is there are 71 times more prairie dogs plexity of the rules, and the different Madison, SD, with a population of 6,395 than people in South Dakota. Let me standards of enforcement between people. Currently, the average water repeat that: in South Dakota, there are areas of the country and even between bill for each household in Madison is 71 prairie dogs for every man, woman different inspectors, it is impossible for $13.75 per month. According to the and child—yet, earlier this year, Fed- them not to be in violation of some South Dakota DENR, if the proposed eral bureaucrats actually considered regulation at any given time. This sit- rule is enacted, the additional cost to listing them as an endangered or uation is not acceptable. each household would be about $10 per threatened species. month. That would mean an average Once a species has been listed under We greatly need to move the Federal monthly water bill of $23.75, or a 73 per- the act, certain uses of the land inhab- bureaucracy away from the ‘‘gotcha’’ cent increase over current bills. Re- ited by the species can be prohibited mentality many have toward American member, this figure is for the largest of until the condition of the species has business. Regulators should not see the affected communities, which pre- improved to the point it can be taken themselves exclusively as ‘‘super- sumably would be the most able to ab- off the list. Virtually, the entire west- cops,’’ as many do, waiting to pounce sorb the costs of compliance. ern half of South Dakota potentially on any business that violates some reg- Let us take Big Stone City, SD, as could have been affected. Fortunately, ulation in the most technical way. another example. With a population of there are no longer plans to list the Regulators need to develop a coopera- 670 people, Big Stone City has the me- prairie dog as endangered or threat- tive relationship with businesses. Both dian population of the 108 communities ened. However, it still may be listed as should work together to find innova- in South Dakota affected by the pro- a ‘‘candidate species’’ entitled to some tive and cost-effective ways to comply posed rule. Currently, the average level of Federal protection. with the spirit of the law as intended monthly water bill per household in There are millions of prairie dogs in by Congress, rather than with hyper- Big Stone City is $9.80. If the EPA has South Dakota digging even more mil- technical regulations. its way, each household in that com- lions of holes. Their holes are a real munity would see its water bill rise menace to cattle and horses. Ranchers American business is not the enemy. $27.50 for a total monthly bill of $37.30. are forced to destroy livestock which The vast majority of small businesses That would be an astonishing 281 per- step in the holes and break their legs. are run by fine, ethical businessmen cent increase. Again, Big Stone City is Prairie dogs also eat grass and other and women who want to obey the law, the median size of the affected commu- vegetation, a sparse commodity in the not skirt it. They want to be good cor- nities. Just imagine the impact the western half of my State. porate citizens. They do not seek ways EPA’s rule would have on communities How can anyone believe prairie dogs to bend or break the law. They work smaller than Big Stone City. are a threatened species facing possible hard to treat their employees fairly.

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10223 They spend considerable amounts of sive Regulatory Reform Act of 1995 now itations of Utilization for Policy Deci- money to provide a safe workplace for before us. A central element of this bill sions.’’ This is what he said: them. They do this not because the Oc- is the requirement that agencies jus- Greenpeace and communities who have ex- cupational Safety and Health Adminis- tify their actions through risk assess- perienced risk assessment first hand are tration, OSHA, or the Department of ment and cost-benefit analysis. This is united that risk assessment endangers the Labor require such action. They do it not a new idea, although it is given un- environment, public health, and the demo- because it makes good, sound business precedented emphasis in this bill. I cratic process as it is now practiced. The major sense. After all, satisfied employees are first introduced legislation to require real world use of risk assessment has been to productive employees. risk assessment of environmental regu- approve pollution.... Even when [it has] Judging from the enormous amounts lations in 1991, and I have introduced been used for the purpose of setting prior- ities, quantitative risk assessment is a of new Federal regulations continually similar legislation in each succeeding flawed, uncertain, and subjective process being issued, however, you might think Congress. that is subject to political pressures from each American business spends all its All of these bills have been based on those who have the most resources, and the time devising ways to bend or break the simple proposition that decision- most influence. (Emphasis supplied.) making by Federal agencies ought to the law. Every aspect of business life This was not untypical of attitudes be informed by the best available increasingly is being regulated. That we encountered. The terms of the de- science. Of course, science cannot be has to stop. bate even began to take on a curious the sole basis of agency decisions, for Mr. President, to conclude, let me doctrinal cast: It became fashionable there are limits to scientific knowl- again state my support for the Dole at one point to refer to risk assessment edge, and what we do know is impre- substitute. The country needs less reg- as one element of an Unholy Trinity. cise. Yet science must be taken into ulation from Washington. No one in my According to Mr. John D. Echeverria, a account. We must have the humility to home State thinks there are too few National Audubon Society attorney acknowledge what we don’t know, but Government regulations. No small quoted in the New York Times on Feb- also the good sense to make use of business has asked me for more Gov- ruary 7, 1994, the Unholy Trinity is what we do. That was the approach ernment paperwork to fill out. No comprised of proposals on risk assess- taken by the legislation I introduced in farmer or rancher has requested yet ment, unfunded mandates, and Govern- previous years, and it was the approach more restrictions on how they can use ment takings of private property. And of the Johnston-Baucus-Moynihan their own land. so I suppose I should not be surprised The country needs less regulation. amendment that passed the Senate as that, despite the fact that my League South Dakotans know Washington can- part of the Safe Drinking Water Act re- of Conservation Voters record has fre- not regulate away our problems. Too authorization bill in May 1994. That quently risen above 90 percent, and de- many rules are on the books and not amendment would have required EPA spite having once been Chairman of the enough common sense is in the system. to conduct risk assessments and cost- Senate Committee on Environment and In short: Federal rulemaking needs an benefit analyses for all major regula- Public Works, I have never, in 19 years overhaul. The Dole substitute amend- tions. EPA would have been required to on the committee, received a letter of ment would help reduce the number of certify that the benefits of a rule jus- commendation from the environmental rules generated by Washington. It tify the costs and that no regulatory community, a community not the least would establish a sensible hurdle for alternative would be more cost-effec- averse to plastering congressional new regulations: the costs must be jus- tive in achieving an equivalent reduc- walls with plaques. As an advocate of tified by the benefits. That is simple tion of risk. Unlike the measure before risk assessment, I am viewed with sus- common sense. The regulatory system us, last year’s legislation would not picion. cannot continue as it has been promul- have superseded existing law, and gating rule after rule with little con- EPA’s analyses would not have been Not surprisingly—it is an old story— cern for their practical effect. Is that subject to judicial review. the legislation now before the Senate is asking too much? I urge my colleagues Our amendment was modest enough, far more prescriptive than anything to support and vote for this legislation. but predictably it had opponents, in- advocated in the past by this Senator. Mr. MOYNIHAN. Mr. President, the cluding some members of the Clinton The controversy that accompanied any Comprehensive Regulatory Reform Act administration and certain representa- discussion of risk assessment and cost- of 1995 is a response to the belief that tives of the environmental community. benefit analysis as recently as a year our executive branch agencies have be- They seemed to view the issue only in ago has all but disappeared. Today, come unreasonable in their regulation absolute terms, being of the view that even opponents of the Dole-Johnston of the behavior of businesses and indi- requiring cost-benefit analysis and risk bill are quick to state they favor the viduals. This is a powerful idea whose assessment would bring about the dis- use of sound cost-benefit analysis and influence has, until recently, been un- mantling of environmental regulation risk assessment in environmental deci- derestimated. No longer. This is the by requiring EPA to consider risks and sionmaking. A year has passed, an elec- third time this year that the Senate costs over environmental health and tion has intervened, and now we are has considered legislation to restrain safety. Over the last 4 years, it has faced with the Comprehensive Regu- such Government action. been our repeated experience—mine— latory Reform Act of 1995. One wonders On January 27, 1995, the Senate to hear such complaints from environ- whether the opponents of the early ef- passed S. 1, the Unfunded Mandates Re- mental groups. Indeed, it is well known forts by the Senators from Louisiana, form Act, which requires Congress to that opposition to risk assessment was Montana, and New York may be a bit acknowledge, by recorded vote, the significant enough last year to help wistful about the opportunity they costs imposed by Federal laws on State kill the EPA Cabinet bill and the Safe passed up last year. Clearly, the terms and local governments, as well as on Drinking Water Act reauthorization. of the debate have changed. The Senate the private sector. President Clinton Note well. Had the Environmental Pro- has changed. We never seem to learn signed the unfunded mandates on tection Agency in 1994 accepted risk as- that the failure to recognize the need March 22, 1995. sessment and cost-benefit analysis as for sensible, incremental change in- Just 2 months later, the Senate part of its mandate, it would be a cabi- vites radical change. passed S. 219, the Regulatory Transi- net department today. Although the Dole-Johnston com- tion Act, which established a 45-day re- Let me give one example of the sort promise significantly improved the view period for congressional review of of analysis some have chosen to apply earlier drafts of this legislation, it does regulations. Conferees are now at- to risk assessment proposals. On May in my view overreact. I share many of tempting to reconcile that bill with the 21, 1991, Joseph Thornton, a policy ana- the concerns of my colleagues and hope House-passed legislation, which places lyst with Greenpeace, testified before a further amendments will be accepted a temporary moratorium on Federal hearing of the Environment Sub- to improve the bill. At this point, I rulemaking. committee of the House Committee on would like to set forth the principles The same concerns have prompted Science, Space, and Technology on the that have guided my votes on this im- the Senate to take up the Comprehen- ‘‘Risk Assessment: Strengths and Lim- portant legislation.

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10224 CONGRESSIONAL RECORD — SENATE July 18, 1995 As I have said, I do support the ap- pansive opportunities for technical and The report goes on to state, ‘‘Despite propriate use of cost-benefit analyses procedural challenges, as much as K these problems, summaries of costs or and risk assessments in major rule- Street might wish. We should not turn benefits are useful if they encourage making. However, I recognize that risk the courts into arbiters of the ade- analysts or decision-makers to think assessment and cost-benefit analysis quacy of highly technical cost-benefit rigorously about what impacts and val- are imperfect tools. Even in the best analyses and risk assessments. For ex- ues should be included.’’ analyses, significant uncertainties ample, section 634 of the Dole-Johnston This is the core of what we need to exist. More important, any legislation bill would allow interested parties to accomplish in regulatory reform legis- that would impose a cost-benefit test petition agencies to review existing lation: greater scientific rigor in agen- must recognize that other factors in- risk assessments and would subject cy thinking and decisionmaking. Let cluding values, equity concerns, and agency decisions on petitions to court us acknowledge that with this legisla- policy judgments are equally impor- challenge. tion the task of creating a more effec- tant or even dispositive factors in the Do we really expect courts to decide tive national effort to improve the Na- decisionmaking process. whether the agency or industry inter- tion’s health, safety, and environ- These points were well illustrated pretation of the data should prevail? mental quality has just begun. during our debate on the acid rain pro- Do we really think we can legislate, Mr. HATCH. Mr. President, I suggest visions of the Clean Air Amendments and litigate, good science? Let us the absence of a quorum. clearly and unambiguously limit judi- of 1990. Cost-benefit considerations The PRESIDING OFFICER. The cial review only to final agency rule- were important elements of the debate. clerk will call the roll. making actions. However, in the end Congress made pol- The legislative clerk proceeded to icy judgments based in large measure Further, while I agree that the peri- odic review of existing rules is an im- call the roll. on the unquantified and unquantifiable Mr. DOLE. Mr. President, I ask unan- value we place on our natural environ- portant element of regulatory reform, the lookback process should be con- imous consent that the order for the ment. We decided, for instance, that strained to focus on the most signifi- quorum call be rescinded. some regions of the country, such as cant opportunities for improvement. The PRESIDING OFFICER. Without upstate New York, should not be forced We need a process that is controlled by objection, it is so ordered. to bear a disproportionate impact of the agencies, using clearly defined cri- Mr. DOLE. Mr. President, we have 53 acid rain pollution. We now know that teria, with adequate opportunity for votes. We need 60. I understand tomor- the actual costs of the acid rain pro- public comment—not one controlled by row we will have an additional four gram are less than one-third of most special interests or the courts. votes on this side of the aisle to make estimates at the time, and that we still I am pleased that the comparative 57, 3 short of the 60. do not understand the ultimate impact risk principles which I have proposed I am trying to determine whether or of acid deposition on the environment. on earlier occasions have been incor- not we want to go with this bill, wheth- That experience illustrated the limita- porated in both the Dole-Johnston bill er we want to set it aside for a period tions of cost-benefit analysis as a rigid and the Glenn-Chafee alternative. How- of time, or set it aside forever. decisionmaking tool, and it ought to be ever, as I have said before, the use of I have been talking with the distin- a lesson to us. comparative risk to help set agency guished Democratic leader. It is my Returning to the Dole-Johnston bill, priorities must recognize the limita- suggestion that if nobody objects, we we reached a consensus last week on tions of current methods and provide stand in recess until 4:15 to give the two major issues. First, we recognized for continuous development of the dis- principals involved a chance to go off the tremendous resource burden that cipline. I therefore strongly support somewhere to see whether or not they risk assessment and cost benefit anal- the recommendation in the bill that a believe any more of these major issues yses impose on agencies, and we nationally recognized scientific body can be resolved, which might move the changed the definition of major rule to be asked to evaluate the state of the bill along. $100 million rather than $50 million. science and identify opportunities for I think, rather than just sit in a This is a move in the right direction. improvement of this important science quorum call for the next hour, we will However, the adoption of another policy tool. stand in recess, unless the Democratic amendment, which extends the defini- Finally, it ought to be said that leader has some objection to that. tion to include rules that have a major many of the problems with our current Mr. DASCHLE addressed the Chair. effect on small business, may recreate system cannot be solved by the appli- The PRESIDING OFFICER. The mi- the problem we were trying to correct. cation of cost-benefit analysis, risk as- nority leader. Second, we clarified our intention that sessment, or any other device. Re- Mr. DASCHLE. Mr. President, I the legislation should not impose a cently, we received a major study con- think that is a very good idea. Obvi- supermandate. That is, it should not ducted by the National Academy of ously, we are at a point where we have override existing law. This does not Public Administration, ‘‘Setting Prior- to work through what remains as sig- mean we are entirely satisfied with ex- ities, Getting Results.’’ The report nificant differences between the two isting laws, but it recognizes that we makes a number of recommendations sides. I think an opportunity over the will not suddenly attain to vastly more for improving environmental decision- next hour to discuss those differences intelligent and effective regulations by making. As we debate the appropriate and determine whether or not they are this single piece of legislation. role of risk assessment and cost-benefit reconcilable is a very good opportunity I disagree with those who view regu- analysis, we should heed this admoni- for both sides. I will encourage it and latory reform legislation as a simple tion: think that this is probably the best answer to the problems accompanying Risk analysis is not a cure-all. The mem- plan. our current health, safety, and envi- bers of Congress and other decision-makers who have displayed a strong desire for more ronmental statutes. Problems do f exist—with Superfund, with the cur- objective and precise quantitative estimates of environmental risks and of the costs and rent interpretation of the Delaney benefits of environmental protection will be RECESS UNTIL 4:30 P.M. clause, and elsewhere. To achieve true disappointed. The unfortunate reality, that comprehensive regulatory reform, we EPA and Congress must confront, is that nei- Mr. DOLE. So, Mr. President, let me should move forward with current ef- ther risk assessment nor economic analysis ask unanimous consent that we stand forts to reauthorize and improve im- can answer most of their crucial questions in recess until 4:30 p.m. portant statutes such as Superfund, the about environmental problems. The tools The PRESIDING OFFICER. Is there Clean Water Act, and the Safe Drink- can only approximate answers with varying objection? Without objection, the Sen- degrees of certainty, and the answers often ate stands in recess until 4:30, this ing Water Act. cannot be reduced objectively to a few num- I also have continuing concerns with bers. The objective findings of science are es- date. the judicial review and lookback provi- sential components of EPA’s decisions, but Thereupon, at 3:10 p.m., the Senate sions of the Dole-Johnston bill. Regu- wholly insufficient as a base for environ- recessed until 4:30 p.m.; whereupon, the latory reform should not provide ex- mental policy-making. Senate reassembled when called to

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10225 order by the Presiding Officer (Mr. Lieberman resolution would be on Bos- Croat allies, been winning back crucial terri- THOMPSON). nia, as far as lifting the arms embargo. tory, while desertion and poor morale are Mr. DOLE. Mr. President, let me sug- Somebody asked the question, if it is badly affecting the over-extended Serb gest the absence of a quorum for just a so bad, what is so good about what is forces. What the Bosnian government lacks however are the tanks and artillery needed moment. happening in Bosnia now? Obviously, to hold the territory won and force the Serbs The PRESIDING OFFICER. The we did not have an answer. There is not to negotiate. This lack of equipment is di- clerk will call the roll. any answer. rectly the result of the arms embargo. Be- The legislative clerk proceeded to Today I received from Lady Margaret cause of it the war is being prolonged and call the roll. Thatcher a letter which I think is prob- the casualties are higher. Lifting the arms Mr. DOLE. Mr. President, I ask unan- ably the best summation I have read embargo would thus shorten not lengthen imous consent that the order for the about Bosnia and the tragedy there. I the war. quorum call be rescinded. placed a copy on everyone’s desk, but I Second, it is said that lifting the arms em- The PRESIDING OFFICER. Without will read it for the record. bargo would lead to rifts within the UN Se- The letter is as follows: curity Council and NATO. But are there not objection, it is so ordered. rifts already? And are these themselves not JULY 18, 1995 The majority leader is recognized. the result of pursuing a failed policy involv- DEAR SENATOR DOLE: I am writing to ex- f press my very strong support for your at- ing large risks to outside countries ground troops, rather than arming and training the RECESS UNTIL 5 P.M. tempt to have the arms embargo against Bosnia lifted. victims to repel the aggressor? American Mr. DOLE. Mr. President, I think I know that you and all members of the leadership is vital to bring order out of the most of our colleagues know there is a United States Senate share my horror at the present chaos. No country must be allowed crimes against humanity now being per- to veto the action required to end the meeting in Senator DASCHLE’s office present catastrophe. And if American leader- underway to see if they can make head- petrated by the Serbs in Bosnia. The UN and NATO have failed to enforce the Security ship is truly evident along the lines of the way on two or three issues on reg re- Council Resolutions which authorized the policy which you and your colleagues are ad- form so we can make a determination use of force to defend the safe havens and to vancing I do not believe that any country whether to have the third cloture vote get humanitarian assistance through. The will actually try to obstruct it. tomorrow or do something else, maybe safe havens were never safe; now they are The West has already waited too long. Bosnia. falling to Serb assault. Murder, ethnic Time is now terribly short. All those who But the Presiding Officer is one of cleansing, mass rape and torture are the leg- care about peace and justice for the tragic the principal Members of that negoti- acy of the policy of the last three years to victims of aggression in the former Yugo- slavia now have their eyes fixed on the ac- ating team. And so he may go back and the people of Bosnia. It has failed utterly. We owe it to the victims at last and at least tions of the US Senate. I hope, trust and help the negotiation—I guess dealing to have the weapons to defend themselves— pray that your initiative to have the arms with the judicial review section—I since we ourselves are not willing to defend embargo against Bosnia lifted succeeds. It think it is in the best interest of all of them. will bring new hope to those who are suf- us that the Senate stand in recess until The arms embargo was always morally fering so much. 5 p.m. wrong. Significantly, it was imposed on the With warm regards, I ask unanimous consent that the (then formally intact but fragmenting) Yours Sincerely, Senate stand in recess until 5 p.m. former Yugoslavia at that regime’s own be- MARGARET THATCHER. There being no objection, at 4:32 hest. It was then, quite unjustly and possibly Mr. President, having read the letter, illegally, applied to the successor states. Its p.m., the Senate recessed until 5 p.m.; effect—and, as regards the Surbs, its inten- I think it says it all. I know the admin- whereupon, the Senate reassembled tion—was to ensure that the proponents of a istration has said we will finally have a when called to order by the Presiding Greater Serbia, who inherited the great bulk policy. It will not be business as usual. Officer (Mr. SANTORUM). of the Yugoslav army’s equipment, enjoyed After 30 months, we will do something. The PRESIDING OFFICER. The ma- overwhelming military superiority in their No one is talking about committing jority leader is recognized. aggression. It is worth recalling that the American ground troops. In fact, just democratically elected, multi-faith and the opposite. Lifting the arms embargo f multi-ethnic Bosnian Government never keeps America out of any engagement. MORNING BUSINESS asked for a single UN soldier to be sent. It did ask for the arms required to defend its It seems to me that is something that Mr. DOLE. Mr. President, I ask unan- own people against a ruthless aggressor. should have been done a long time ago. imous consent that there now be a pe- That request was repeatedly denied, in spite We have waited almost a year. A year riod for the transaction of morning of the wishes of the US administration and ago August we had our last vote on this business, with Members permitted to of most leading American politicians. important issue. Mr. President, 58 out speak therein for 5 minutes each. There is no point now in listing the fail- of 100 Senators voted to lift the embar- ures of military policy which subsequently go—Democrats and Republicans, bipar- The PRESIDING OFFICER. Without occurred. Suffice it to say that, instead of objection, it is so ordered. succeeding in enforcing the mandates the UN tisan. f Security Council gave them, UNPROFOR be- This is not an initiative by Senator came potential and then actual hostages. DOLE or Senator LIEBERMAN, though we COMPREHENSIVE REGULATORY Airpower was never seriously employed ei- are working together. This is an initia- REFORM ACT ther. The oft repeated arguments against tive of the U.S. Senate, in a bipartisan Mr. DOLE. Let me indicate that I un- lifting the arms embargo—that if it occurred way, to address a very serious problem. UN troops would be at risk, that the enclaves derstand a number of our colleagues like Srebrenica would fall, that the Serbs The President has made two prom- are still meeting in Senator DASCHLE’s would abandon all restraint—have all now ises. One, to commit 25,000 American office on regulation reform. We hope to been proved worthless. For all these things forces, if, in fact, there is a peace set- find out here before too long whether have happened and the arms embargo still tlement, to keep the peace. More re- we will proceed with the bill or lay it applies. cently, commit 25,000 Americans to ex- aside, or just what may be developing. Two arguments are, however, still ad- tricate members of the U.N. protection We would like to, obviously, finish the vanced by those who wish to keep the arms forces in case of withdrawal. bill. It may not be possible. embargo in place. Each is demonstrably false. I am advised by the Bosnian Foreign f First, it is said that lifting the arms em- Minister today that only 30 U.N. pro- bargo would prolong the war in Bosnia. This tection force members are in occupied BOSNIA is, of course, a morally repulsive argument, Serb territory today. And he asked the Mr. DOLE. Mr. President, following for it implies that all we should care about question, why would it take 25,000 whatever disposition of regulatory re- it a quick end to the conflict without regard Americans to extricate 30 members of form, we will take up the resolution on to the justice or otherwise of its outcome. the U.N. protection forces? He says But in any case it is based on the false as- Bosnia. We were visited today by Sec- sumption that the Serbs are bound to win. very clearly that there will be no inter- retary of State Christopher and Gen- Over the last year the Bosnian army has ference on the part of Muslims with eral Shalikashvili, and they made their grown much stronger and the Bosnian Serbs any withdrawal of U.N. protection pitch about how bad the Dole- weaker. The Bosnian army has, with its forces.

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10226 CONGRESSIONAL RECORD — SENATE July 18, 1995 No question about it, this matter is about Bosnia, never said anything the right of self defense. They would very, very important. It is very seri- about lifting the arms embargo. Then hope for the same as a nation, the right ous, as Secretary of State Christopher we were told a year ago, in April, if we of self defense as a nation. told Members today at noon. It has would just wait—and there was a reso- In my view, they are entitled to that been serious if you are the ones doing lution offered by the then Democratic right. I think most of us agree they are the dying—or even the killing. But one leader, Senator MITCHELL, and Senator entitled to that right. Take a look at side has done nearly all the dying, and NUNN, that they would go to the United the casualty figures. Who has been one side has done nearly all the killing. Nations and make a plea that the Brit- doing the dying? Who has been doing Those doing the dying do not have ish and the French also lift the arms the killing? Who has been involved in tanks or heavy weapons or artillery to embargo. That was one way to stall that? I must say, in some cases it is defend themselves. They have rifles. In any action on the other resolution. probably hard to differentiate, because many cases they surrendered their The trouble is, they had never gone there has been a lot of treachery and heavy weapons because they were told to the United Nations and asked for tragedy on all sides. But for the most they would be safe in these safe havens. that, asked that the embargo be lifted. part, there is no question about who So they surrendered their heavy weap- So we are back. We believe it is crit- the aggressors have been. I just believe ons, their only means to defend them- ical. We believe it is crucial. If any- it is time for us to stand up. selves, and notified, in the case of body has any doubts, watch the tele- This is a moral issue, one that should Zepa, Medjedja, Gorazde, that the safe vision tonight, read the paper in the have been addressed a long time ago. It havens—that Lady Thatcher points out morning. can be addressed without committing in the letter were never safe—and now Again, to make it very clear to some American forces. All we need to do is they are falling to Serb assault. who always feel it is going to Ameri- say we are going to lift the arms em- This debate will begin, if not today, canize the war, we have already Ameri- bargo and as an independent nation hopefully tomorrow. I hope we will canized the war. Scott O’Grady is an you are going to have a right to defend have broad bipartisan support, unani- American, last time I checked. And he yourself—which does not seem to me to mous support. I know the Secretary of was shot down because we had not been be a very difficult decision. We are not State told Members at the Democratic notified that there were SAM sites in going to defend them. If we lift the em- policy lunch today that timing is ev- the area. bargo, it is not we defending them. If erything, ‘‘This is a terrible time to So American pilots are part of NATO. we lift the embargo, you defend your- bring up this resolution.’’ Lifting the arms embargo, removing self. We have been told that at every turn. the U.N. Protection Forces—and I com- So I hope my colleagues will be pre- It is always a bad time. We thought, mend the bravery and courage of all pared for debate on this very important ourselves, it was a bad time to bring up those who are engaged in the U.N. Pro- issue, and that we can take final action the resolution, when you had U.N. Pro- tection Forces. But the problem is, before the week is out. Mr. President, I yield the floor. tection Forces chained to poles and they cannot protect themselves and The PRESIDING OFFICER (Mr. held as hostages so there would be no they cannot protect the safe havens ABRAHAM). The Senator from Wis- more air strikes, and used as human and they act as a buffer for the aggres- consin. shields. So we deferred consideration of sors, the Serbs. Whether they intend it the resolution. And we have waited and or not, they have been, in effect, an f waited and waited, hoping something ally of the aggressors. And many of us THE BOSNIAN SITUATION good might happen. But nothing good do not believe that was ever intended. Mr. FEINGOLD. Mr. President, I will has happened. Again, let me make a distinction be- take just a moment to comment on the Again, the Foreign Minister of Bos- tween the Serb people and Milosevic leader’s remarks. I believe that the nia, who will be here, I guess, for sev- and Karadzic and some of the others leader’s remarks are totally appro- eral days, and has met with a number who are dedicated to ethnic cleansing, priate with regard to the Bosnian situ- of Senators in both parties, indicates murder, butchery—whatever it takes ation, and I feel that this should not be clearly that the U.N. Protection Forces to eliminate Bosnian Moslems. I know a partisan issue. This is a moral issue should go. the Serb people are just as tired of the that appeals to a strong feeling So I hope in the next 24 hours we will fighting, and the mothers are just as throughout the country, I think, that be able to move to the resolution. I tired of sending their sons to face pos- something has happened here in Bosnia hope my colleagues on this side will sible death, as anybody on the other that goes against the very nature of listen carefully to many on this side side. the way we believe countries should be who are cosponsoring this resolution, So we are going to be on the Bosnian treated. and colleagues on the other side will resolution. I hope, on the matter of In my view, what the majority leader listen carefully to Senator LIEBERMAN timing, it seems to me the best thing has said about the right to self defense and others who will be leading the ef- that could happen for this administra- is the key to this issue. There are a fort. The point I wish to make is this is tion is for the Senate to pass with a number of arguments that are going to not a partisan effort. It is not an effort big, big vote, our resolution. That come up that this will Americanize the aimed at President Clinton. I com- would give the President and the Sec- war, to lift the arms embargo; that it plained—or criticized the Bosnian pol- retary of State or whomever they des- is better to do it multilaterally versus icy during the Bush administration. So ignate to negotiate with the British unilaterally. But that all is to the side it is not something that we have dis- and the French and others a great deal of the central issue, which the major- covered because we now have a Demo- of leverage. Because at that point they ity leader has pointed out, and that is: crat in the White House. could say, ‘‘The Senate has acted. The How in the world can we say that a So for 30 months, many of us origi- House has acted. It is time to go. It is country cannot defend itself? What nally supported Candidate Clinton, who time to go.’’ would give us that right? said we ought to lift the arms embargo Then we would turn the fighting over A terrible mistake was made in put- and have air strikes. We supported to the parties who are directly in- ting an arms embargo in a situation him. I remember meeting in the White volved. Give the Bosnians a chance. where one side had all the armaments House in 1993, in the spring, and we They are a member of the United Na- and the other side was very poorly were talking about lifting the arms tions. They are an independent nation. armed. I think we have to do every- embargo. Most of us there supported They have lost—70 percent of their thing we can to have a debate that does the President’s desire at that time to land has been taken; 70 percent. And not make this a partisan issue. And to lift the arms embargo. we are saying, ‘‘Oh, wait. Wait. We reiterate what the majority leader has Then, for some reason—it has never want to wait a while.’’ Will we wait said, all the arguments that are made been fully understood by this Senator— until 80 percent is taken? have been made time and time again to it just sort of went off the radar screen. All they want is a right they believe justify delaying lifting the arms em- Bosnia was forgotten. It is as though they are entitled to, which we believe bargo. But he correctly points out that the President never said anything in this country is an inherent right, there is never a good time. No matter

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10227 what we do to try to lift the arms em- have jobs are at peril. The entirety of the State of Missouri, both in Kansas bargo, there is some excuse why it is our regulatory framework is designed City and St. Louis, I encountered busi- not the right time to do it. to deal with the well-being of individ- nesses that wanted to expand but could I say this as a person who, in his first uals, to promote their health, their not. They wanted to grow and they month or two as a U.S. Senator, offered safety, and, hopefully, to extend their wanted to offer more employment and the first resolution I ever offered in longevity, so that people live longer, so they wanted to build the arena of op- this body to lift the arms embargo on that they have an opportunity for a portunities. But they could not do it the Bosnian Moslems. That was 21⁄2 quality existence. because of regulations—regulations years ago. But the truth of the matter is at the that throttled them. The situation in Bosnia today would very core of our urban societies. We Just yesterday, I spoke about Anpaul be very, very different had we lifted the have the biggest challenges that relate Windows, a company whose employ- arms embargo at that time. I have ap- to health. We have the biggest chal- ees—over half of them—were minori- preciated the fact that we have had, on lenges that relate to longevity, and the ties. They were doing very well and the many occasions, a good bipartisan ef- biggest challenges that relate to per- company needed to expand, but they fort to try to lift this arms embargo. If sonal security. had to leave the oppressive regulatory I can pick one issue since I have been America’s urban areas suffer a mur- environment of the urban center for here that really has not been partisan der every 22 minutes, a robbery every the green fields of suburbia because and should not be partisan, it would be 49 seconds, an aggravated assault every there were no contaminants in the this very issue. 30 seconds. In a survey of the parents of green fields of suburbia. You could So I look forward to the debate when first- and second-graders in Wash- build a new factory there, and every- this comes up. Nothing could be more ington, DC, 31 percent of those said thing was in accordance with the way urgent. I hope very much that we have that they worried a lot about their the factories were supposed to be, and an overwhelming vote in favor of the children being involved in violence; al- you did not have to worry about the proposal, as at least described by the most 40 percent of the low-income historic old buildings, or the prohibi- leader in his remarks. urban parents worried about their chil- tion about whether or not you could Mr. President, I suggest the absence dren being shot. That is a quality of make a 8-foot door or a 10-foot door be- of a quorum. life issue. Thirty-one percent of the cause of the historic designation of the The PRESIDING OFFICER. The first and second graders in Washington, factory. clerk will call the roll. DC, reported witnessing shootings. One What happened was the Anpaul Win- The legislative clerk proceeded to out of every three children had wit- dow Co. left the city of St. Louis, call the roll. nessed a shooting, and 39 percent said which left the city that much emptier. Mr. ASHCROFT. Mr. President, I ask they had seen dead bodies. These are They are doing well. It is in Wash- unanimous consent that the order for first and second graders. ington, MO, not Washington, DC. But it the quorum call be rescinded. We have a major challenge that re- is 50 or 60 miles away from the people The PRESIDING OFFICER. Without lates to the security, the safety, and who need the jobs the most. They went objection, it is so ordered. the health and well-being of our citi- to a new green field, but they did so be- Mr. ASHCROFT. Mr. President, I ask zens in our urban centers. One out of cause the regulatory framework really unanimous consent that I may speak every 24 black males in America will militates against jobs, industry, and for as long as I need to speak on the have his life ended by homicide. Our development in the heart of our cities. proposal for urban regulatory relief urban centers are so hopeless and filled All of those old factories and all of zones in morning business. with despair, and opportunity is so ab- those old plants do not comply with all The PRESIDING OFFICER. Is there sent, that we find that the challenge is the new regulations. Lots of times, objection? Without objection, it is so the challenge to stay alive. There is a there is just a little narrowness in the ordered. death sentence for 1 out of every 24 door, or maybe a taint of some sub- f black males. stance in the flooring. And the EPA The New England Journal of Medi- comes in and says, well, grind over the URBAN REGULATORY RELIEF cine stated that a young black man liv- floor and see if you can get the taint ZONES ing in Harlem is less likely to live to out, and if it does not come off, there Mr. ASHCROFT. Mr. President, one the age of 40 than a young man living may not be something that can be done of the main challenges, which we face in Bangladesh, which is perhaps the to change it. as a society, that relates to the regu- poorest of all of the nations on the face So what we have effectively done latory climate in America is the condi- of the Earth. These things are star- with our regulatory framework has tion of our urban centers. tling. These things bother us. The been to impose the tremendous cost Today, many of our cities have be- pathologies of urban America are very upon the citizens of our cities. It is a come hopeless arenas of decay and de- challenging. cost that not only they have to pay— spair. They are places where industry What is really stunning is the fact higher costs for goods because our used to flourish, places where produc- that the absence of work opportunity things are manufactured in plants that tivity used to take place. But the fact at the very heart of America’s cities comply with regulations—it is an op- is that the number of enterprises in has been a big part of this condition. portunity cost, because the city cen- cities is plummeting. Just in the last Youngsters in our urban settings are ters do not have the opportunities for 20 years, you can note that the number known to drop out at much higher employment. They do not have the op- of businesses which inhabit our urban rates than in other settings. Why? portunities for industrial development. centers has gone down dramatically. Some say it is because those young- Those individuals do not share in the St. Louis, MO, has had a 32-percent sters in our schools do not see work op- opportunities of our culture. They are decline in the number of businesses, portunities, they do not see the prom- not worried so much about the lead from 3,497 businesses in 1972 to 2,386 ise or hope of doing something worth- poisoning from paint, they are worried businesses in 1992. Detroit, MI, for ex- while with their lives upon graduation. about the lead poisoning from a .38. ample, went from 6,945 businesses in Why persist in school if there will be These are real challenges that we 1972 to 3,448 businesses in 1992—a 50- nothing for you to do when you grad- ought to face. percent decrease. So we see that one of uate? It is in that setting that we need Let me tell you about the printing our problems is that not only have cit- to take a careful look at the way in concern in Kansas City. The president ies become a difficult place for individ- which regulation has had an impact on has a publishing business which has uals, they have become a difficult place what happens in our urban settings. grown over the past few years; it now for businesses and industry. I became sensitized to this, Mr. employs 85 people. While business is As a matter of fact, it is important President, when I was spending a lot of doing well, the president wants to ex- for us to understand, Mr. President, time with the people last year. I would pand the business, but there is a prob- that this is a problem which is related work in a variety of settings in my lem. He could expand into more parts to the notion that people who do not campaign for the U.S. Senate. Across of the building in the downtown area,

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10228 CONGRESSIONAL RECORD — SENATE July 18, 1995 in the urban center. He wanted to move the noise of crack cocaine. We hear the So the Urban Regulatory Relief Zone into different parts of the building, but slam of the slammer door. We hear the Act which I have proposed would sim- regulations prevent such expansion. shot of the pistol. We hear the wail of ply be a way of saying it is time to The printing company has no environ- the family in the wake of the ambu- make good on what our intention is. If mental problems. But the landlord of lance that carries away the individual our intention in regulation is to im- the building where the business is lo- who has been wounded or killed. prove the health, safety, security, and cated has had a problem with trace ele- It is time to recognize that this eco- general well-being of individuals in our ments of PCB’s in the floor material in nomics redlining of the inner city that urban centers where the impact of reg- parts of the building. Tests have shown results from hyperregulation is costing ulation has frequently been the oppo- there are no elements of PCB’s in the us our ability to deliver jobs. site, we need to say ‘‘Let’s give those Make no mistake about it, make no air. They are somehow in the material urban centers the chance, through eco- mistake about it, we all want to have of the floor of the building. nomic development commissions, to Now, the president would probably a healthier environment. But you can- make application to have those regu- like to expand to these other floors of not tell somebody who has a 1 in 25 latory provisions waived.’’ the building if he could be assured that chance of being shot as an unemployed there would be no liability. As it now person on the street in one of the urban I think we all understand that we do stands, the EPA may condemn the cores, you cannot tell someone that not want to have the potential for the whole building altogether. It would you are keeping the jobs out of there waiver of regulatory protections just cost the company about $500,000 to because there is a 1 in 1 million chance willy-nilly. If regulations are decent or move and to take all these jobs out of they might have some respiratory good or important, we do not want to the city. And it looks like that is what problem as a result of some kind of at- waive them lightly. they are going to have to do. The land- mospheric nonattainment. I think it is important to note if you We have to weigh the real impacts of lord has spent over $250,000 so far in had those kind of economic develop- what we are seeing happen here. The legal fees, and another $100,000 trying ment commissions that the law pro- to grind down the floors to see if he real impact of regulations in many urban centers is a redlining against de- vides for, and you have the kind of pub- could get through all the PCB’s. I sup- lic notice that the law provides for, pose he probably released more PCB’s velopments, a redlining against indus- that the people who represent the af- into the atmosphere than could have try. It is a redlining against oppor- fected population would only submit ever happened otherwise. tunity. The EPA, in other parts of the coun- When we take development opportu- such applications for waiver when they try, has allowed for a covering of the nities and industry out of the commu- were convinced that as a result of the floor to take care of situations like nities, we have joblessness, lawless- waiver there would be an elevation of this. But the EPA cannot seem to ness, hopelessness. Those are condi- the life expectancy, an elevation of the make a decision in this Kansas City tions that are far greater threats to the health and safety, an elevation of the concern. Here we stand to lose 85 down- safety, security and general well-being security, the quality of life of the indi- town urban center jobs—the price of of the population than many of the viduals. regulation—saying we cannot allow things we have sought to regulate. Finally, this application, which you to expand in this building for tech- What is the answer? How can we ad- under the proposed enactment would nical reasons that are not uniformly dress this problem? What is it that we go to the Office of Management and applied across the country. ought to do? I am suggesting in the Budget and then be referred to the var- I repeat, there have been situations Urban Regulatory Relief Zone Act that ious agencies, would be finally acted on where these kinds of things have been we should allow mayors of urban areas by the agency. If the agency concluded, to convene economic development com- taken care of. But as it now stands, in spite of the application, that there missions that could make application EPA’s inaction has again stalled the was a substantial danger to the health for the waiver of specific Federal regu- economic progress and job growth and safety of the occupants, it could lations when those regulations pre- where it was most sorely needed. If this persist in denying relief. It could say clude jobs and development, when they situation is not resolved, ultimately no to the waiver. It would give author- the printing company will have to preclude opportunities, when they re- sult in the hopelessness, despair, and ity for the EPA or other areas of regu- move out of the city altogether. I just lation to say, ‘‘The impact of our regu- want to say that these are real people. danger in the inner city, when they lation in that community is hurting These are real situations. really result in a lower standard of lon- We have children dying in drive-by gevity, a lower standard of health, a people, not helping. The impact of our shootings, we have individuals who lower standard of safety, a lower stand- regulation is shortening people’s lives. cannot get jobs, we have despair, bad ard of security. It is decreasing their health, not ex- health, we have the lack of security, When the impact of regulation has an panding their health. It is causing the lack of safety that comes with a inverse consequence—instead of pro- hopelessness and despair. It is causing hollow core of the inner cities of Amer- moting health, security and safety, it young people to drop out of school be- ica, in part because we have had a reg- results in the absence of jobs and op- cause they see no opportunity.’’ Yes, ulatory red line around the inner cit- portunities in the core of our inner cit- we ought to, in this circumstance, ies, which have basically said you can- ies and destroys the potential for waive these technical requirements not develop in here because this stuff is health, security and safety—the eco- and, as a result, bring real benefit to old. These buildings were used in pre- nomic development commissions of the citizens of that particular area. vious settings where we did not have these areas ought simply to be able to I believe this is a real opportunity. the environmental requirements that make application to the Federal agen- We have discriminated dramatically we have now, and because they were cies and say to those Federal agencies, against urban residents with regula- used in those previous settings, they we ask for a waiver, because the impo- tion. Regulations, invariably, are de- are full of liabilities for business. They sition of the requirement in our com- signed to make things that were done are full of liabilities for industry. They munity has the anomalous effect, has in the past illegal, to make things that the opposite effect, of what it should are full of liabilities for producers. happened in a previous way of doing have. It is causing our children to be As a result, if you want to be an in- business inappropriate. dustry, you want to be in business, you shot. It is causing our children to drop want to be a producer, you cannot be out of school when they see no oppor- We regulate to say you cannot do here, but have to go to suburbia, in the tunity. We need to waive some of these things that way anymore. There are green fields, and we find ourselves regulations when the waiver would, in some good reasons for that. But the in- hollowing out our cities. We find young fact, elevate the health, the safety, and stitutions that worked on these things people in despair turning to all kinds of the employment opportunities, when in the past are in the midst of our things. the waiver would help people live great cities. We have basically said you Under the guise of regulations that longer and more productive lives than cannot work there anymore. We are would abate noise, for instance, we get the imposition. reaping the harvest. We are reaping the

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10229 harvest because 40 percent of all adult which is referred to as welfare reform. ORDER OF PROCEDURE men in our distressed inner cities did We desperately need welfare reform. Mr. DOLE. Mr. President, for about not work in a year that was studied re- But, frankly, as much as we need wel- the last couple of hours, 21⁄2 hours, a cently, while a significant number fare reform we need opportunity for in- number of our colleagues on both sides worked only sporadically or part time. dividuals, because we are going to ask of the aisle have been negotiating on S. Today, half of all the residents of the people to go to work and we are going 343, the regulatory reform bill. Those distressed neighborhoods in our big cit- to expect them to go to work. But how negotiations are still underway. So as ies live below the federally defined pov- can we ask people in our inner cities to not to waste time, I have suggested to erty threshold. In 1993, that was $14,763 go to work, how can we expect them to the distinguished Democratic leader, for a family of four. The reason for go to work, if we continue to develop a Senator DASCHLE, that we now proceed that is, in part, we have said to busi- regulatory framework which redlines to consideration of S. 21, which is the nesses, we have a regulatory frame- the inner city and says there cannot be Bosnian resolution, and I am hopeful work that really provides incentives jobs here, there cannot be opportunity we can reach that agreement and then for you to get out of here, for you to go here? we would continue on S. 21 and hope- to that green field in suburbia, go to a Mr. President, I believe it is time for fully finish it tomorrow. That would new place, leave the city alone. us to grant relief to the urban centers, give the Members who are in the nego- We provided incentives. We have not to give them a level playing field, to tiations on S. 343 all day tomorrow to done it purposely. We have not done it give them a chance to attract business see if they can come to some agree- knowingly. But we have provided real and industry that is consistent with ment on three or four important issues. incentives for people to leave the urban the health and safety, the longevity, I also have asked consent that, if centers of America. And, when we leave and the security of the residents of they reach an agreement, that I can them empty we leave the people there that area. Our regulatory framework come back to S. 343 and maybe reach empty. We leave them in peril. We has not served them well. some agreement on completion of that leave them in distress. We leave them They have paid the higher prices that bill or complete that measure. So as in despair. And ultimately we leave we have all talked about in the last few soon as I hear from the Democratic some of them in a situation from which weeks, talking about regulation here in leader I can advise my colleagues on they can never escape. There are those who say, ‘‘Well, you this Chamber. But they have also paid the schedule for the balance of the don’t want to have a standard for safe- a tremendously higher price than just evening. ty or an environment that is lower in the increased cost of goods that come If we cannot get the agreement, then the city than it is in some other area. from regulation. They have paid the we will come back on S. 343. There are There has to be environmental jus- price of joblessness and they have paid a number of amendments that can be tice.’’ I believe in environmental jus- the price of hopelessness. They have offered tonight, including the pending tice. I believe everyone should have an paid the price of looking into the eyes amendment by the Senator from Mis- equal chance at the good life that we of their young people who have no am- souri. Senator ASHCROFT has an amend- want to enjoy. But I believe that when bition because they cannot see an op- ment pending. So if we cannot reach an our requirements are shortening the portunity in their neighborhood. That agreement, we will come back on S. 343 lives of individuals instead of extend- is a substantially greater price than tonight and the Senator’s amendment ing them, when our requirements are the $600 billion a year that it is esti- will be the pending amendment, as I pulling the rug out from under the mated that regulation costs us in understand it. health of our population, we ought to America. Oh, yes, they have paid their There are other amendments that think carefully about whether or not share of the $600 billion. But the oppor- can be offered tonight on S. 343, so I am they are having the right effect. tunity costs—in the very heart of not at liberty to say whether or not I do not have the studies in my hand American urban centers has been a tre- there will be votes. But we will advise right now, but I think virtually all of mendous opportunity cost, and it is our colleagues as soon as we can. us in this Chamber understand that one which we can ill-afford to ignore. I suggest the absence of a quorum. when we have looked at health statis- So I rise this evening in the midst of The PRESIDING OFFICER (Mr. tics people who are employed tend to the debate on regulatory reform to say GORTON). The clerk will call the roll. be healthier than people who are unem- we must recognize the unique cir- The legislative clerk proceeded to ployed, and people who are employed cumstances of American cities. We call the roll. tend to be safer than people who are must give these neighborhoods at the Mr. LOTT. Mr. President, I ask unan- unemployed. There is very little that is core of America, the mature cities of imous consent that the order for the more dangerous in an employment set- America, the opportunity to have relief quorum call be rescinded. ting in this country than there is to be when, as a matter of fact, the imposi- The PRESIDING OFFICER. Without standing unemployed on the street cor- tion of regulations now achieves a pur- objection, it is so ordered. ners of some of our urban centers. pose absolutely contrary to the pur- f I believe we ought to look hard at the pose for which the law was enacted way in which regulation has drawn a which provided for regulations. It UNANIMOUS-CONSENT AGREEMENT red line around the core of America’s shortens lives, impairs safety, ruins Mr. LOTT. Mr. President, there has cities, the way regulation has basically health, and destroys opportunity. been extensive consultation between said, ‘‘Do not invest here. Do not It is time for the Urban Regulatory the distinguished majority leader and produce here. Do not do business here. Relief Zone Act, and I hope we have an the Democratic leader, and we do have You cannot get a job here.’’ I think we opportunity to include that in our a unanimous-consent request to pro- ought to say to ourselves, let us allow dealings with regulatory relief during pound. these cities to make an evaluation. our deliberations this week. I ask unanimous consent that the When they come to a conclusion that Mr. President, I suggest the absence pending bill, S. 343, be temporarily laid the general well-being of the people— of a quorum. aside; that the Foreign Relations Com- mittee be discharged from further con- when they come to the conclusion that The PRESIDING OFFICER. The sideration of S. 21; and that the Senate the health and safety of the inner-city clerk will call the roll. residents—would be benefited by a turn to its immediate consideration. waiver, let us let them apply. And let The legislative clerk proceeded to The PRESIDING OFFICER. Is there us give the agency the authority to call the roll. objection? grant that waiver application, so we Mr. DOLE. Mr. President, I ask unan- Mr. DASCHLE. Mr. President, I re- can bring jobs and opportunity and imous consent that the order for the serve the right to object, and it is cer- hope back to the center of our cities. quorum call be rescinded. tainly not my intention to object. Let I believe one of the next items which The PRESIDING OFFICER (Mr. me make one observation and note a we will be moving toward in the debate ASHCROFT). Without objection, it is so couple of concerns, as we propound the here in the U.S. Senate will be an item ordered. second part of this request.

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10230 CONGRESSIONAL RECORD — SENATE July 18, 1995 The observation is this: those who get on with the debate relating to the Mr. LOTT. Mr. President, in view of are engaged in trying to work through Dole resolution. this development and seeing the Sen- the remaining differences on the regu- The PRESIDING OFFICER. Is the en- ator from North Carolina seeking rec- lation reform bill reported to me just tire request proposed? ognition, while some further discussion moments ago that real progress has Mr. LOTT. It has been propounded, takes place, I will withhold that unani- been made this afternoon. I think that and if the Chair would like to go ahead mous consent request for now and yield we have been able to report progress and do the ruling, I have one further the floor. from time to time. comment I would like to make. Mr. HELMS addressed the Chair. I think in all sincerity, some effort The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- has been made on both sides to con- objection to the entire unanimous-con- ator from North Carolina is recognized. sent request? tinue to narrow the differences, and we f made significant progress over the Mr. FEINGOLD. Mr. President, re- THE ARMS EMBARGO AGAINST course of the last several hours. The serving the right to object. I suggest BOSNIA time that has been spent since about 3 the absence of a quorum. The PRESIDING OFFICER. The Sen- o’clock this afternoon has been well Mr. HELMS. Mr. President, my reac- ator from Mississippi has the floor. spent. tion to this agreement which may soon Does he yield for the purpose of—— As it relates to this resolution, I be entered into is: At long last. On the Mr. LOTT. First, I was not aware think the recommendation made by first day that the Senate this year ac- that the Senator had a problem that he cepted bills and resolutions to be intro- the majority leader and the majority wanted to discuss with the minority whip is a good one. I think laying the duced, this resolution was introduced leader. While that is being done, I by the distinguished majority leader bill aside will accommodate the nego- would like to respond to a couple of tiations, and I think that it is safe to with some of the rest of us as cospon- points that the minority leader made. sors. The Foreign Relations Com- assume that we are going to continue First, as is always the custom, the mittee, of which I am chairman, has to make progress over the course of the majority leader would certainly give not acted on this resolution, at the spe- next couple of days. We certainly do notice to the other side, to the minor- cific request of the majority leader and not relegate any rights to continue to ity leader, before any votes would others. But I am delighted that finally object to closure on the legislation, occur. That is always done. Certainly, we are confronting the questions that should we find that progress has not they would give them the usual cour- have been raised about the delay in the been sufficient. But I think we need to tesy that would be expected in that re- resolution. recognize that, indeed, efforts are being gard. made on both sides to try to accommo- Second, I know, also, that the major- In short, Mr. President, it is high date the concerns. It is in that context ity leader—while I have not discussed time for the Senate to acknowledge that we want to allow that process to it with him—would want to honor any what is already perfectly clear to any continue. request for consideration of a meeting objective observer: The U.N. peace- Mr. LOTT. Mr. President, we cer- that might be occurring on this par- keeping effort in Bosnia is an abject tainly appreciate the comments of the ticular matter with the administra- failure. The Bosnian Serbs have certainly distinguished Democratic leader. tion. So I know that the minority lead- known this for a long time, as has the I further ask unanimous consent er has already been assured of that. I beleaguered Bosnian Muslim govern- then that the Senate resume S. 343 would like to reconfirm that. after the disposition of S. 21, as amend- Also, I would like to note, before the ment. Yet, the United Nations persists ed, if amended, and no call for the reg- Chair rules, that I have been notified in a policy that, at best, has given the ular order serve to displace S. 21, ex- that we do not expect any more re- appearance of action while, in fact, al- cept one made by the majority leader corded votes tonight. The majority lowing the slow-motion genocide of after notification of the minority lead- leader has sent that word. We had dis- Bosnian Muslims. er, and if a call for the regular order is cussed that earlier with him and with Lest the President of the United made, there be 1 hour for debate to be the minority leader. So the Members States need reminding, along with the equally divided in the usual form to be should be on notice that there will be leaders of our European allies, Bosnia followed by the third cloture vote on no more recorded votes tonight. was recognized as an independent na- the Dole-Johnston substitute, and the I have no further requests. I thank tion 3 years ago. Commensurate with mandatory quorum under rule XXII be the minority leader for his indulgence. that status is the explicit right of self- waived. I would like to see if we can get a rul- defense. For 3 years, the Bosnian Serbs The PRESIDING OFFICER. The ing on the unanimous-consent request. have pursued an aggressive campaign, Democratic leader. Mr. FEINGOLD. Mr. President, I ob- aided and abetted by the Government Mr. DASCHLE. Mr. President, again, ject. of Serbia. Irrefutable evidence, such as reserving the right to object, now I The PRESIDING OFFICER. Objec- the integrated air defense of these two simply want to state the two concerns tion is heard. brutal forces, demonstrates that this is I mentioned a moment ago. First, we Mr. LOTT. Mr. President, I want to truly a war of aggression being waged have an understanding that over the notify the membership that if this by Serbia. How any democratic govern- course of tomorrow morning and early agreement cannot be reached, it would ment can continue to justify the arms afternoon that there be no votes on be the intent of the leader to go on embargo against Bosnia on either amendments or on the resolution itself. with the pending legislation, and then moral or legal grounds escapes me. It A number of Senators have been in- we could expect additional recorded absolutely escapes me. vited down to the White House to dis- votes tonight. I will be glad to yield to So-called safe areas are being over- cuss this matter. I think it would be the minority leader. run, U.N. peacekeepers have been very helpful if that discussion can take Mr. DASCHLE. Mr. President, I was taken hostage, humanitarian assist- place prior to the time we are called not aware of the concern of the distin- ance convoys are either blocked or upon to make any decisions. guished Senator from Wisconsin with being looted by Bosnian Serb fighters, Second, should we find the need to regard to the regulatory reform bill. and Sarajevo airport has been closed come back to S. 21, it would be very We have an hour prior to the time we for 3 months. Despite this deterio- helpful if we had plenty of notice. The would go to the third cloture motion rating situation, the U.S. Government majority leader and the majority whip under this unanimous consent agree- persists in supporting the illusion of have both indicated that, indeed, it ment. He would like to be protected to peacekeeping—as if there is any peace would be their desire to give us plenty offer a nongermane amendment relat- to keep in that part of the world. Most of notice. ing to a sense-of-the-Senate resolution recently, President Clinton has stated So it is with those two under- prior to that time. I think if we could his intention to spend an additional $95 standings that we have no objection accommodate the Senator from Wis- million on the U.N. so-called rapid re- and encourage Senators to comply with consin, perhaps we could accommodate action force in order to perpetuate this this unanimous-consent agreement and this unanimous-consent agreement. failed policy. Under the current rules

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It appears that protect his right to offer a sense-of-the- We have a U.N. protective force the closest the Western Powers can get Senate resolution either before cloture which has protected no one but the ag- to a negotiated solution is to reward or after cloture, if a cloture motion is gressors. A force dispatched to Bosnia the Serbian dictator who started this required; or if no cloture motion is re- to provide some kind of safety for the entire war by easing the sanctions quired, we will negotiate with the ma- victims of aggression has shown itself against his country. Even this effort— jority to ensure that the distinguished unable to do so time after time and which is an embarrassment to the Senator from Wisconsin has an oppor- place after place. Whether around Sa- United States—has fallen short. tunity to raise the issue that he hopes rajevo, whether in the isolated areas of So in recognition of this failure, and to address through this sense-of-the- refuge, whether in the northwest part as chairman of the Senate Foreign Re- Senate resolution. I appreciate his co- of the country—its fate has been the lations Committee, I declare that it is operation in this regard, and as a re- same. time for us to take a step which should sult, we are now able to go forward. Its fate has either been to protect the have happened 3 years ago. We must I think this is a good solution to the Bosnian Serb aggressors against any approve this legislation to lift the arms matter, and I appreciate everyone’s kind of military action on the part of embargo against the Bosnians and consideration and cooperation. the United Nations, no matter how allow those people to defend them- Mr. LOTT. Mr. President, I want to modest and ineffective by its very pres- selves. reiterate, in view of the unanimous ence and by the ease with which the I thank the Chair and I yield the consent agreement that we did reach, Bosnian Serbs can take the U.N. per- floor. that was the last issue of the day in sonnel as hostage; or alternatively, as The PRESIDING OFFICER. Who terms of recorded votes. There will be was the case just 10 days ago, as an en- seeks recognition? no recorded votes until tomorrow when tity which disarmed the defenders of Mr. HELMS. Mr. President, I suggest an agreement is reached on when the these enclaves and then provided abso- the absence of a quorum. next vote will be scheduled. There will lutely no defense or support for essen- The PRESIDING OFFICER. The be no further recorded votes tonight. tially unarmed victims who now, them- clerk will call the roll. I yield the floor. selves, are the latest example of the The legislative clerk proceeded to f victims of the Serbs’ ethnic cleansing. call the roll. Mr. President, the former President Mr. LOTT. Mr. President, I ask unan- BOSNIA AND HERZEGOVINA SELF- of the United States, George Bush, was imous consent that the order for the DEFENSE ACT wrong in enforcing an arms embargo quorum call be rescinded. The PRESIDING OFFICER. The against the Bosnians. President Clin- The PRESIDING OFFICER. Without clerk will report. ton has repeated that and has been objection, it is so ordered. The assistant legislative clerk read wrong to enforce that arms embargo f as follows: against the Bosnians. A bill (S. 21) to terminate the United As recently as lunch time today, the UNANIMOUS-CONSENT AGREEMENT States arms embargo applicable to the gov- caucuses of both parties listened to the Mr. LOTT. Mr. President, I will re- ernment of Bosnia and Herzegovina. same tired presentation from the Sec- peat my earlier unanimous consent re- The Senate proceeded to consider the retary of State, and in this case from quest. I understand that we need to bill. the Chairman of the Joint Chiefs of start this whole routine over again. I Mr. FEINGOLD. Mr. President, let Staff, that we have heard for this en- am going to have two unanimous-con- me take this opportunity to thank the tire 3 years. That somehow or another sent requests. Senator from Mississippi and the to do something, change our policy, to First, I ask unanimous consent that Democratic leader for their help on re- allow those who wish to defend them- the pending bill, S. 343, be temporarily solving the issue. selves to do so, would lead to some laid aside and the Foreign Relations I did not want to offer the sense-of- even worse disaster, the taking of more Committee be discharged from further the-Senate resolution during the core hostages among the U.N. forces, to consideration of S. 21, and the Senate of the debate on the substance of the more deaths and ethnic displacement turn to its immediate consideration. bill. I do think it is relevant to this on the part of the Bosnians. The PRESIDING OFFICER. Is there bill. I want to thank them for their co- Yet, the use of this excuse, Mr. Presi- objection? operation. dent, has resulted in 3 years of violence Without objection, it is so ordered. Mr. LOTT. I suggest the absence of a and displacement and ethnic cleansing Mr. LOTT. Mr. President, I further quorum. and an end to the belief of the United ask that the Senate resume S. 343 after The PRESIDING OFFICER. The Nations to act effectively in connec- the disposition of S. 21, as amended, if clerk will call the roll. tion with a catastrophe of this sort, amended, and no call for the regular The legislative clerk proceeded to and undercutting of the ability of order serve to displace S. 21, except one call the roll. NATO, and most significantly, a lack made by the majority leader, after no- Mr. GORTON. Mr. President, I ask of belief in the United States of Amer- tification of the minority leader—and unanimous consent that the order for ica. he can be assured that he would get the quorum call be rescinded. Mr. President, it is simply time to proper notification on that—and if a The PRESIDING OFFICER. Without end that bankrupt policy. The proposal call for the regular order is made, there objection, it is so ordered. that the majority leader has brought be 1 hour for debate, to be equally di- Mr. GORTON. Mr. President, I should to the Senate ends the embargo on one vided in the usual form, to be followed like to take this occasion to speak of two conditions: a decision by the by the third cloture vote on the Dole- strongly in favor of S. 21, the majority United Nations or by the countries sup- Johnston substitute, and the manda- leader’s resolution on Bosnia. plying troops to the United Nations in tory quorum under rule XXII be Mr. President, we have now, for more Bosnia to withdraw; or a request from waived. than 3 years, watched—and I use that the legal Government of Bosnia that The PRESIDING OFFICER (Mr. word advisedly ‘‘watched’’—the ongo- the United States lift the arms embar- SANTORUM). Is there objection? ing tragedy of Bosnia. The aggressions, go and a notification to the U.N. Secu- Without objection, it is so ordered. the rapes, the cold-blooded murders, rity Council that it has requested that Mr. DASCHLE. Mr. President, I do the ethnic cleansing, which has accom- those forces leave. not want to confuse the matter any panied the dismemberment of a nation, Mr. President, that is putting the ul- more, so I waited until after the unani- recognized as a nation, and a member timate fate of the Republic of Bosnia mous consent request was proffered. of the United Nations. squarely in the hands of its own elected

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10232 CONGRESSIONAL RECORD — SENATE July 18, 1995 Government, which is exactly where it principles, about NATO strength and In light of such commitments, it is should be. There is a very real possi- credibility, about our place in history. hard to take administration arguments bility that if the troops of that Govern- It was just about a year ago that the over Americanization seriously. As the ment can obtain arms even remotely Senate last voted to lift the arms em- Prime Minister of Bosnia said, lifting equivalent to those possessed by the bargo on Bosnia. That vote was 58–42. the arms embargo will not Americanize aggressors, that they can defend their However, in conference a compromise the war, it will Bosnianize the war—by independence and recover some of the was worked out by the distinguished putting the future of Bosnia back in country wrongfully lost to them. And Senator from Georgia, Senator NUNN, Bosnian hands, where it should have it is way past time, way past time that and the administration’s representa- been for the last couple of years or we allow that decision to be made by tive Chuck Redman. It urged the Presi- more. the people who have been the victims dent to introduce a resolution to lift A more recent concern raised by of this aggression for 3 long years. the arms embargo in the U.N. Security some is that the withdrawal may take The U.N. protective force is not pro- Council if the Bosnian Serbs did not more than 12 weeks. In that regard, tecting anyone, including itself. It sign the July 1994 contact group plan this legislation includes a renewable should be gone. Our arms embargo pun- by October 15. The compromise lan- Presidential waiver providing for an ishes no one except for the victims of guage also provided that if the Serbs additional 30 days should additional aggression. It is simply time that it be did not sign the plan by November 15, time be necessary for the safety and brought to a close. The partial and the United States would cease enforc- successful completion of the with- midlevel threats that are being made ing the arms embargo. Finally, the drawal operation. by this administration will risk the compromise urged that in the event of As I mentioned earlier, each time the loss of American lives but will not, Bosnian Serb attacks on U.N. safe Senate has taken up this legislation we under any circumstances, change the areas, the President introduce and sup- have been told by the administration situation on the ground. What could be port a resolution in the Security Coun- that this is not the right time. We have more clear, Mr. President, than the cil to provide the Bosnians with defen- waited. The Bosnians have waited—and proposition that we should not risk the sive weapons to defend these areas. they have died. lives of our own men and women in Now it is a year later. The Bosnian The bottom line is that the approach uniform unless their goal is important Serbs have still not signed the July pursued by the administration, like to the United States and has some defi- 1994 contact group peace plan; the ad- that of the Bush administration, is a nite and worthy policy to be defended? ministration has still not taken up a total failure. The question is whether Nothing that we have heard from the resolution in the U.N. Security Council or not we will continue to contribute administration about its plans meets to lift the arms embargo; and the Bos- U.S. dollars, prestige, and credibility those simple tests. If we are willing to nian Serbs are about to run over an- to this catastrophe or change course. do nothing to end this aggression our- other U.N. safe haven—the second in 2 Mr. President, there are no perfect selves, we at least should no longer be weeks. options. There are no easy answers. We complicit to its continued success. We Mr. President, the administration ar- now know what has not worked—rely- should be willing to allow the victims gued last year that lifting the arms ing on the U.N. forces to protect the to defend themselves. We should end embargo would lead to the fall of the Bosnians. It seems to me that we owe the arms embargo. We should encour- three safe havens in the east. The first it to the Bosnians and our own Amer- age the present forces from the United of these three enclaves has fallen under ican principles of justice and fairness Nations to leave. We should arm the U.N. watch—with NATO planes over- to let the Bosnians defend themselves, Bosnians. And I am convinced, under head. Today NATO planes are buzzing and I believe the American people un- those circumstances, their chances of above Zepa, which is about to fall. derstand this and will support it. regaining the semblance of a country Mr. President, all this has occurred Let me make it clear, as I attempted and reaching a peace through some in the absence of lifting the arms em- to do earlier today, we are not talking kind of strength will be greatly en- bargo. Indeed, it has occurred because about more American involvement. We hanced. the arms embargo is preventing the are not talking about American ground There is no perfect solution to this only people willing to fight to defend troops. We are talking about lifting the catastrophe. But the solution of allow- the Bosnian people from being able to arms embargo—maybe helping to train ing the victims to defend themselves, do so—and that is the Bosnians them- Bosnians, maybe helping to supply to fight for their own freedom, is the selves; not the U.N. forces, but the Bos- weapons, but that could be done in safe least bad of all the solutions before us. nian Government Forces—Moslems, areas. And if they secure Russian weap- And I am profoundly convinced it is Croats, and Serbs are willing to die to ons, which they are already familiar the only moral answer to this question. defend their families, their homes, and with, there will be very little training I yield the floor. their multi-ethnic country. necessary. The PRESIDING OFFICER (Mr. Last year the administration also Also keep in mind that in many cases SANTORUM). The majority leader. made the argument that lifting the the Bosnians surrendered the only Mr. DOLE. Mr. President, I thank the arms embargo immediately would en- heavy weapons they had because they Senator from Washington for his state- danger allied forces. In this modified were going to be in safe havens. As I ment and for his support. Dole-Lieberman legislation we are not suggested, one of the safe havens has Mr. President, I am pleased to be lifting the United States embargo until been overrun, and another about to be joined by the distinguished Senator after those countries contributing to overrun, and the third, Gorazde, is in from Connecticut, Senator LIEBERMAN, UNPROFOR who want to leave, have peril. and a long list of bipartisan cosponsors left. I also want to make it clear, because as we again try to lift the illegal and The administration has also claimed I think there is always a tendency for unjust arms embargo on Bosnia and that lifting the embargo would Ameri- some to say: Oh, this is politics, this is Herzegovina. The legislation we are canize the war. This is the most dif- BOB DOLE, Republican, because we have bringing up today is a modified version ficult argument to understand. The a Democratic President, the record will of the bill we introduced in January of Clinton administration has pledged reflect that during the Bush adminis- this year. S. 21 is the number. This bill 25,000 American troops for Bosnia if tration I think the same two Senators lifts the United States arms embargo there is peace. The Clinton administra- raised this question. We were critical after the withdrawal of United Nations tion has pledged 25,000 American troops of the Bush administration. I remem- troops from Bosnia and Herzegovina. for Bosnia if there is withdrawal. And ber talking to Ambassador Zimmerman Before we start to discuss this legis- the Clinton administration is consid- time after time. I remember calling lation I want to make clear: This de- ering escalating the American involve- him and discussing it with him when bate is not just about Bosnia. This is ment for transport and close air sup- he was in Yugoslavia, because we were not just about a small European coun- port of UNPROFOR forces. Let us not told then that if we did not do some- try under attack. This debate is about forget, and American Air Force pilot, thing—and I am not talking again American leadership and American Scott O’Grady, was recently shot down. about military force; I am talking

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10233 about sending a word of caution to Mr. ple have suffered, how many thousands cupied areas, so it should not take Milosevic, the leader of the Serbs, the have died, how many murdered and 25,000 American troops to help extri- President of Serbia—this is precisely raped, how many children have gone cate members of the U.N. Protection what would happen. without food because we did nothing. Forces. So this is not a Dole resolution. This And then we said, well, this is a Euro- So as we begin the debate, I again is not a Lieberman resolution. This is pean problem; let the Europeans handle commend my colleagues. I hope that an action by the Senate, Republicans it. And then we had the U.N. Protec- the distinguished Senator from Rhode and Democrats, such as the two of us, tion Forces. Island, who I know maybe supports us Mr. HELMS, Mr. THURMOND, Mr. BIDEN, Again, I commend the courage and in his heart, would find it in his heart Mr. D’AMATO, Mr. MCCAIN, Mr. FEIN- bravery of every one of those young to support us all the way because he is GOLD, Mr. WARNER, Mr. HATCH, Mr. men, and maybe women in some cases, a very important Member of this body, KYL, Mr. MOYNIHAN, Mr. STEVENS, Mr. from all the different countries who are and I know he feels, as some, maybe he COCHRAN, Mrs. HUTCHISON, Mr. MACK, there as U.N. Protection Forces. They has some reservations, but this is, as Mr. COVERDELL, Mr. PACKWOOD, Mr. are there with good intent. Unfortu- he certainly knows, not a partisan ef- MURKOWSKI, Mr. SPECTER, and others, nately, their good intent has turned fort on behalf of the majority leader in so there is strong, broad bipartisan into in effect being a buffer for the this instance. support. Serbs. Now the U.N. Protection Forces AMENDMENT NO. 1801 It is not a conservative matter. It is have found they cannot protect them- Mr. DOLE. Mr. President, I send the not a liberal matter. It is a moral issue selves, and they cannot protect the amendment to the desk in the nature of whether we will again in this cen- people in the safe havens, and they of a substitute. tury witness ethnic cleansing, geno- cannot protect the refugees. In fact, if The PRESIDING OFFICER. The cide, call it what you will, and do noth- you watched television the other night, clerk will report the amendment. ing. In this case, all we need to do, as they had a barbed wire entanglement The assistant legislative clerk read we were reminded again by the Bosnian separating the U.N. forces from the ref- as follows: Foreign Minister today, is to lift the ugees so they would not come together. arms embargo. As he said, ‘‘We are It seems to me that it is pretty clear. The Senator from Kansas [Mr. DOLE], for willing to die for our country.’’ They My own view is the British do not want himself, Mr. HELMS, Mr. THURMOND, Mr. BIDEN, Mr. D’AMATO, Mr. MCCAIN, Mr. FEIN- are not asking us to do that, not ask- to be humiliated by withdrawing. I GOLD, Mr. WARNER, Mr. HATCH, Mr. KYL, Mr. ing anybody else to do that. And I have talked to John Major in his office. MOYNIHAN, Mr. STEVENS, Mr. COCHRAN, Mrs. know the British do not want to lift He is very persuasive. Somehow he be- HUTCHISON, Mr. MACK, Mr. COVERDELL, Mr. the arms embargo. I know President lieves if we just continue to stay there, PACKWOOD, Mr. MURKOWSKI, and Mr. SPEC- Chirac, the new French President, has this is going to end. And with a new TER, proposes an amendment numbered 1801. other ideas. The British and French French President, he is being a bit Mr. DOLE. Mr. President, I ask unan- cannot seem to get together. more aggressive. He thinks they ought imous consent that reading of the I know the Secretary of State told to do something. So now he wants us to amendment be dispensed with. the Democrat policy luncheon today become involved with helicopter The PRESIDING OFFICER. Without this is not the time, timing is terrible. gunships and other ways we transport objection, it is so ordered. Well, that is always the case. It is French and other U.N. Protection The amendment is as follows: never the time. It seems to me just the Forces into the area. Strike all after the enacting clause and in- opposite. This is a perfect time. It In my view, that would be a mistake, sert the following: would seem to me the administration but that may be debated. There may be SECTION 1. SHORT TITLE. would want us to pass this resolution. an amendment to do that before we This Act may be cited as the ‘‘Bosnia and It has to go to conference, has to be complete action on the bill. Herzegovia Self-Defense Act of 1995’’. worked out. It is going to take quite a Finally, it just seems to me it is the SEC. 2. FINDINGS. right thing to do. It was a year ago. It while—10 days, 30 days, who knows—be- The Congress makes the following findings: fore it comes back and before it be- was before that. The House passed (1) For the reasons stated in section 520 of comes law. And then the President this—not the same legislation—by a the Foreign Relations Authorization Act, could tell the French and the British vote of 318 to 99, over 3 to 1. I hope we Fiscal Years 1994 and 1995 (Public Law 103– that the options are fewer and fewer as have at least 70 votes or more in the 236), the Congress has found that continued far as America is concerned and our in- Senate; bipartisan votes, nonpartisan, application of an international arms embar- volvement is concerned. whatever you like. go to the Government of Bosnia and So I really hope that we can com- I believe we have made progress be- Herzegovina contravenes that Government’s plete action on this resolution tomor- cause we have been cautious. We have inherent right of individual or collective respected the timing, and we have de- self-defense under Article 51 of the United row. I know the White House will want National Charter and therefore is incon- to try to dissuade some from voting for layed from time to time to see if they sistent with international law. the resolution. That is certainly a could not complete negotiation, they (2) The United States has not formally right they have. But I would also sug- could not reach some agreement. But I sought multilateral support for terminating gest this is precisely the very same ac- believe now is the time for us to pro- the arms embargo against Bosnia and tion the President advocated when he ceed and to send a signal to the Serbs Herzegovina through a vote on a United Na- first came to the White House—even and, yes, to the British, to the French, tions Security Council resolution since the before he came to the White House— but more particularly the Bosnians, enactment of section 1404 of the National De- that somebody in America, in this case fense Authorization Act for Fiscal Year 1995 lift the arms embargo. He also was sup- (Public Law 103–337). porting air strikes. the Senate and the House of Represent- (3) The United Nations Security Council So it is not that we have figured out atives, understands their concerns, and has not taken measures necessary to main- some way to be on the other side of we are willing to support their request tain international peace and security in Bos- President Clinton and have brought that an independent nation, a member nia and Herzegovina since the aggression this issue to the floor to embarrass the of the United Nations, has the right of against that country began in April 1992. President. We are precisely where the self-defense as spelled out in article 51 SEC. 3. STATEMENT OF SUPPORT. President was before he was elected of the U.N. Charter. The Congress supports the efforts of the President, as a candidate, and where he That is all this is about. It is not Government of the Republic of Bosnia and was after he was elected. And I recall a complicated. You can raise all the hor- Herzegovina— meeting in the White House in the ror stories. You can give us all the sce- (1) to defend its people and the territory of spring of 1993 where Democrats and Re- narios that might happen. We were told the Republic; by the foreign minister today there (2) to preserve the sovereignty, independ- publicans came together and we talked ence, and territorial integrity of the Repub- about lifting the arms embargo and air will be no effort by the Moslems to lic; and strikes. stop the U.N. Protection Forces from (3) to bring about a peaceful, just, fair, via- That has been a long, long time. I do leaving. We were also told that there ble, and sustainable settlement of the con- not know how many thousands of peo- are only 30 U.N. personnel in Serb oc- flict in Bosnia and Herzegovina.

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10234 CONGRESSIONAL RECORD — SENATE July 18, 1995 SEC. 4. TERMINATION OF ARMS EMBARGO. (B) any similar policy being applied by the It is indeed time for our President, (a) TERMINATION.—The President shall ter- United States Government as of the date of along with our U.N. and NATO allies to minate the United States arms embargo of completion of withdrawal of UNPROFOR consider the future of the United Na- the Government of Bosnia and Herzegovina, personnel from Bosnia and Herzegovina, pur- as provided in subsection (b), following— suant to which approval is denied for trans- tions in Bosnia. They know that if the (1) receipt by the United States Govern- fers of defense articles and defense services United Nations were to pull out alto- ment of a request from the Government of to the former Yugoslavia; and gether, many areas of Bosnia which are Bosnia and Herzegovina for termination of (2) the term ‘‘completion of the withdrawal now stable and well supplied due to the the United States arms embargo and submis- of UNPROFOR personnel from Bosnia and U.N. presence would likely face a hu- Herzegovina’’ means the departure from the sion by the Government of Bosnia and manitarian disaster. This is particu- Herzegovina, in exercise of its sovereign territory of Bosnia and Herzegovina of sub- rights as a nation, of a request to the United stantially all personnel participating in larly true in central Bosnia where the Nations Security Council for the departure UNPROFOR and substantially all other per- U.N. presence has fostered a peaceful of UNPROFOR from Bosnia and Herzegovina; sonnel assisting in their withdrawal, within federation between the Bosnian Croats or a reasonable period of time, without regard and Moslems, who until February 1994, (2) a decision by the United Nations Secu- to whether the withdrawal was initiated pur- had been engaged in a fierce war. The rity Council, or decisions by countries con- suant to a request by the Government of President and our NATO allies must tributing forces to UNPROFOR, to withdraw Bosnia and Herzegovina, a decision by the UNPROFOR from Bosnia and Herzegovina. United Nations Security Council, or deci- balance that potential catastrophe (b) IMPLEMENTATION OF TERMINATION.—The sions by countries contributing forces to against the current tragedy which has President may implement termination of the UNPROFOR, but the term does not include led many to call for a complete U.N. United States arms embargo of the Govern- such personnel as may remain in Bosnia and pullout. ment of Bosnia and Herzegovina pursuant to Herzegovina pursuant to an agreement be- subsection (a) prior to the date of completion tween the Government of Bosnia and As we speak, the administration and of the withdrawal of UNPROFOR personnel Herzegovina and the government of any our allies are grappling with that dif- from Bosnia and Herzegovina, but shall, sub- country providing such personnel. ficult issue. General Shalikashvili met ject to subsection (c), implement termi- PRIVILEGE OF THE FLOOR with his counterparts in London re- nation of the embargo pursuant to that sub- Mr. DOLE. Mr. President, I also ask garding this matter this past weekend; section no later than the earlier of— unanimous consent that a legislative British Foreign Secretary Malcolm (1) the date of completion of the with- fellow in my office, Mr. Ronald A. Rifkind is in Washington today to dis- drawal of UNPROFOR personnel from Bosnia Marks, be allowed on the Senate floor and Herzegovina; or cuss this issue; and later this week, (2) the date which is 12 weeks after the for the duration of the Senate action Secretary Christopher and Secretary date of submission by the Government of on S. 21, the Bosnia and Herzegovina Perry will travel to London for nego- Bosnia and Herzegovina of a request to the Self-Defense Act of 1995. tiations with their European counter- United Nations Security Council for the de- The PRESIDING OFFICER. Without parts. parture of UNPROFOR from Bosnia and objection, it is so ordered. Herzegovina. I yield the floor. Clearly, I would have hoped we would (c) PRESIDENTIAL WAIVER AUTHORITY.—If Mr. PELL addressed the Chair. wait to know the results of these im- the President determines and reports in ad- The PRESIDING OFFICER. The Sen- portant meetings and await our Presi- vance to Congress that the safety, security, ator from Rhode Island. dent’s recommendation on the future and successful completion of the withdrawal Mr. PELL. Mr. President, I thank the of UNPROFOR personnel from Bosnia and of UNPROFOR and the role of the majority leader for his kind words. United States before embarking on this Herzegovina in accordance with subsection Mr. President, once again, the Senate (b)(2) requires more time than the period debate. I believe that Europe bears the provided for in that subsection, the Presi- is debating legislation to lift the arms brunt of the burden for dealing with dent may extend the time period available embargo against Bosnia-Hercegovina. the Bosnia crisis. Indeed the Europeans Since the Senate first took up this under subsection (b)(2) for implementing ter- acknowledge this fact and are contrib- issue in January 1994, I have voted mination of the United States arms embargo uting the bulk of the troops to the U.N. of the Government of Bosnia and against every attempt to force the effort. We have no troops on the Herzegovina for a period of up to 30 days. United States to lift the embargo uni- ground, and that is as it should be. The The authority in this subsection may be ex- laterally. I must say that I now find ercised to extend the time period available this would be an extremely difficult U.S. Senate, therefore should not take under subsection (b)(2) for more than one 30- vote to cast. unilateral action that would actually day period. The fall of a U.N. protected safe precipitate a U.N. withdrawal. In the (d) PRESIDENTIAL REPORTS.—Within 7 days haven—and the impending fall of a sec- end, a decision may have to be made to of the commencement of the withdrawal of withdraw U.N. troops, but I do not be- UNPROFOR from Bosnia and Herzegovina, ond—is a dreadful human tragedy. The and every 14 days thereafter, the President terrible images of tens of thousands of lieve the Senate should make that de- shall report in writing to the President pro Moslem refugees fleeing Serb aggres- cision. tempore of the Senate and the Speaker of sion make us want to find a quick and I would add that the Bosnian Govern- the House of Representatives on the status easy solution to the crisis, but I am ment, if it wished, could ask the United and estimated date of completion of the afraid there are no easy answers. A Nations to leave at any time. But it withdrawal operation. If any such report in- Senate vote to lift the arms embargo cludes an estimated date of completion of has not done so. Yet this bill would put the withdrawal which is later than 12 weeks unilaterally may seem cost-free, but I the U.S. Senate on record as endorsing, after commencement of the withdrawal oper- believe there are serious downsides indeed hastening a withdrawal. that could actually make the situation ation, the report shall include the oper- A unilateral lifting of the arms em- ational reasons which prevent the comple- worse. tion of the withdrawal within 12 weeks of The legislation before us says that bargo after U.N. troops are withdrawn commencement. the lifting of the embargo shall occur will inevitably be perceived as the be- (e) RULE OF CONSTRUCTION.—Nothing in after UNPROFOR personnel have with- ginning of a United States decision to this section shall be interpreted as author- drawn or 12 weeks after the Bosnian go it alone in Bosnia. It is naive to ization for deployment of United States Government asks U.N. troops to leave, think we can unilaterally lift the arms forces in the territory of Bosnia and whichever comes first. We should be embargo, and then walk away. We in- Herzegovina for any purpose, including stead would assume responsibility for training, support, or delivery of military honest about what we are debating equipment. here. This bill, if passed, will actually Bosnia not only in terms of our moral (f) DEFINITIONS.—As used in this section— trigger a U.N. withdrawal from Bosnia. obligation, but in practical terms as (1) the term ‘‘United States arms embargo I would remind my colleagues that the well. If we lift the embargo, who will of the Government of Bosnia and United States has committed to help- supply the weapons? How will weapons Herzegovina’’ means the application to the ing our allies withdraw from Bosnia as be delivered? Who will train the Government of Bosnia and Herzegovina of— Bosnians in using the weapons? The (A) the policy adopted July 10, 1991, and part of a NATO effort. So, in essence, published in the Federal Register of July 19, by passing this bill, we are precipi- proponents of this bill will argue that 1991 (58 FR 33322) under the heading ‘‘Suspen- tating the commitment of up to 25,000 it places no obligations on the United sion of Munitions Export Licenses to Yugo- United States troops to Bosnia to help States, but everyone knows the Bos- slavia’’; and with that withdrawal. nian Government will look to us.

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10235 Lifting the embargo without inter- vinced, however that voting for this that have gone on once again in Bosnia national support would increase Amer- bill will alleviate that suffering. In- in the last couple of weeks and see fam- ican responsibility for the outcome of deed, I am afraid that we might make ilies divided—mothers separated from the conflict. Delivering weapons to matters worse. children, husbands from wives, see Bosnia would likely require sending in We are, as public servants, called women taken off without explanation United States personnel. Granted, this upon to exercise our best judgment on with God knows what being done to legislation states that nothing should this very difficult issue and this is them, men being herded away, young be construed as authorizing the deploy- what I intend to do. men, men of military age being herded ment of United States forces to Bosnia- I yield the floor. away. These are the human horrific re- Hercegovina for any purpose. But I Mr. LIEBERMAN addressed the sults of this policy. want to emphasize that this would be a Chair. People have argued against the idea U.S. decision to dismantle the embar- The PRESIDING OFFICER. The Sen- of raising the arms embargo each time go. I do not see how we can lift the em- ator from Connecticut. we have brought it to this floor, argu- bargo on our own without sending in Mr. LIEBERMAN. Mr. President, I ing more against it than for an alter- the personnel and without providing thank the chair. native policy. Today we come back, as the wherewithal to carry out the pol- Mr. President, first I would like to Senator DOLE has said, not saying that icy. request unanimous consent that Fred- this is the perfect policy, not saying A unilateral lifting of the embargo— eric S. Baron, a Pearson Fellow in my that any policy in a complicated situa- be it now or after U.N. troops are with- office, be permitted floor privileges for tion is perfect or guaranteed to suc- drawn—would put the United States in the duration of the debate on S. 21? ceed, but saying with clarity that the the position of abrogating a U.N. Secu- The PRESIDING OFFICER. Without current policy has been a terrible fail- rity Council resolution, and in essence, objection, so ordered. ure, has brought suffering and pain and breaking international law. The embar- Mr. LIEBERMAN. I thank the Chair. death to the people of Bosnia. But go is in place as a result of a binding Mr. President, I am honored to join more than that, it has victimized, U.N. Security Council resolution and with the distinguished majority leader, along with the people of Bosnia, the can only be abrogated by a subsequent the Senator from Kansas [Mr. DOLE], world’s best hopes for order and moral- U.N. Security Council action. A unilat- and many others in both parties in in- ity—the United States, NATO, and the eral lifting of the arms embargo would troducing this substitute, S. 21. United Nations, each suffering signifi- set a dangerous precedent. Other coun- I do want to indicate at the outset, cant, deep damage to our credibility, to tries could choose to ignore Security though, this has been a frustrating our status, to our legitimacy in the Council resolutions that we consider path that we have walked together. It world. has been an honor to walk it with Sen- important—such as the embargo When the voices and institutions and ator DOLE and to say that this is a path against Iraq and sanctions against nations of strength and authority fail we have walked together in the inter- Libya and Serbia. to act or act with ambivalence in a est of a strong policy in Bosnia and a In April, the Washington Post re- way that sends a message of weakness fair policy, which is to say one that ported that Iran was engaging in em- and outlaws continue to be aggressors, will arm the Bosnians who have been bargo-busting by supplying plane loads then the results are obvious, and you deprived of their right of self-defense of weapons and military supplies to do not have to be a Ph.D. in diplomacy by international action, in which we Bosnian Government forces. If the to understand this. If outlaws are ma- have participated. This effort, together United States were to lift the embargo rauding in a city in our country and with Senator DOLE and others, has unilaterally, we would joint Iran in forces of law do not stop them, they been done, as he said a few moments embargo busting. I would ask my col- will keep marauding until they reach ago, on a totally bipartisan, which is to leagues: Do you want to be in that each one of us. And that, in essence, I say, nonpartisan, basis, which is the company? Is Iran a responsible player fear, is what has happened over the last way in which American foreign policy in the international community? 3 years of inaction by the world com- The answer, of course, is no. If the has been at its finest hours. munities in Bosnia. United States were to break the embar- I specifically point out that Senator Mr. President, I have a point of view go on its own, we would destroy our DOLE and I began this effort during the credibility as a trustworthy leader in previous Republican administration of which I feel very strongly about what international affairs. A unilateral lift- President Bush, expressing our frustra- Bosnia was before this conflict and ing of the arms embargo would un- tion and opposition to the failure of what has brought us to this point. I doubtedly strain our relations with our leadership and the continued imposi- have spoken of it before on this floor, NATO allies and undermine our stand- tion of the arms embargo. and I will just speak to it briefly today. ing in other international negotiations Mr. President, we have been here be- There are those who like to dismiss completely unrelated to the Bosnian fore. By my calculation, we have been or diminish the conflict in the former tragedy. here at least seven times before. Each Yugoslavia and, in some sense, thereby After U.N. troops are safely with- time, excuses are given why this is the to wash our hands of any responsi- drawn, lifting the embargo multilater- wrong time to lift the arms embargo bility, remove us from any involve- ally may indeed be the best course of against the Bosnian Government. Ex- ment on the basis of this allegation: action. If and when UNPROFOR does planations are given about what the ‘‘These people have been fighting for withdraw, I believe we should make consequences might be, let alone why centuries.’’ There is a hint here that sure we know where our allies stand on the whole idea of lifting the embargo is these people are somehow slightly less lifting the embargo. Whether or not to wrong. than human. ‘‘They continue to fight; lift the embargo should be a multilat- We have continued to believe that why should we get involved?’’ eral decision. We should not go it the heart of any equitable policy in the There are two realities. One is that alone. former Yugoslavia is to allow both civilizations, cultural and religious, I acknowledge that I see merit in sides to be able to defend themselves. have met in the Balkans. That is the some of the arguments of the amend- History divided the former Yugoslavia history over the centuries, and there ment’s proponents. This is a difficult in such a way that only one side, name- have been conflicts. But the reality is problem that cuts across partisan lines ly, Serbia and its clients, its agents in that, in Bosnia particularly, a strong and that slices to the heart of issues Croatia and in Bosnia, were left with and healthy multiethnic culture and related to U.S. influence and power the warmaking capacity of the former nationality developed. abroad. We all want to do something in Yugoslavia. Bosnia was left with noth- Somebody said to me, in Sarajevo be- response to the terrible pictures of the ing. fore this terrible war, it was thought to old people being wheeled out of eastern This denial of this fundamental right be offensive for one person to ask an- Bosnia in wheelbarrows or the frightful of self-defense, which each of us can other in Sarajevo what their ethnic or- sight of the 20-year-old Bosnian hang- feel in a personal sense, certainly, as igin was: Are you a Moslem? Are you a ing from a tree. I am just not con- we watch the horrors, the atrocities Serb? Are you a Croat? No, they were

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10236 CONGRESSIONAL RECORD — SENATE July 18, 1995 Bosnians. This was a great, flourishing 1992, it was admitted as a member state term—ethnically cleansed, which is to multiethnic culture. to the United Nations. Yet, still the say ripped from their homes, raped, Second, there is a clear course that I embargo that had been applied on the and murdered. see as I look at the history of this re- former Yugoslavia, despite the glaring In May 1994, the Senate again consid- gion over the last 6 or 7 years, and that conflict between this application and ered, and this time passed, two meas- is of an intentional, concerted effort Bosnia’s right of self defense under ures. One was a measure that I cospon- through aggression by Serbians oper- international law, was applied to Bos- sored with Senator DOLE, requiring the ating out of Belgrade under the leader- nia. That is how we got on the road to United States to unilaterally termi- ship of Slobodan Milosevic to create a where we are now. nate the arms embargo upon the re- greater Serbia. In 1992, international television quest of the Bosnian Government. That Since 1988, beginning with the take- crews gained access to what I could passed 50 to 49. On that day—I suppose over of the political machinery in Mon- only describe as concentration camps in a way that only the Senate of the tenegro and Vojvodina, the illegal sup- that were being operated by the Serbs, United States could do—we also passed pression of the legal Government of where they were herding Moslems into an amendment offered by Senator Kosova, which has a large Albanian the camps. We witnessed the emaciated NUNN and the previous majority leader, majority, suppressed, continuing to be bodies, and we saw evidence of this in- Senator MITCHELL, requiring the Presi- victims of harassment and abuse and credible phrase—‘‘ethnic cleansing.’’ dent to solicit a multilateral lift of the worse. That occurred in 1989. There were 200,000 killed in this war. A embargo and to consult with Congress Then the mobilization of nationalist couple of million refugees. The world if that did not occur. Again, the Senate feelings in Serbian public polls; rolls up in horror at the sight of these spoke. The world sat idly by, the arms The slow-moving constitutional coup figures in the concentration camps and embargo was not lifted, and the people against the Federal Presidency; the stories of systematic rape—rape as of Bosnia were ethnically cleansed, The Serbian economic blockade an instrument of war. Serbs were com- ripped from their homes, raped, and against Croatia and Slovenia in late ing into towns not only clearing them murdered. 1990; out of the Moslems, but grabbing Again, in July and August 1994, the The theft by Serbia that year of bil- women and raping them, and taking Senate addressed the issue of lifting lions of dinars from the Federal budg- men off to the camps, or slaughtering the arms embargo, voted and passed et, destroying the Federal economic re- them on sight. measures calling for its termination. form program; The world cried out for a response. This time the votes rose. The last of And then the incitement and arming The Western nations were not prepared these votes was 58 to 42, passing an by Serbia out of Belgrade of Serb mi- to really stand up to the aggression. So amendment offered by Senator DOLE norities in Croatia and Bosnia during what did we do? We sent in the United and myself to the defense appropria- 1990 and 1991. Nations—which was not good, ulti- tions bill, which called for the lifting That is how we got to where we are. mately, for the people of Bosnia, not of the embargo no later than November This is no accident. This is no continu- good for the United Nations—presum- 15, 1994. On each of those occasions, the ation of centuries and centuries of con- ably to perform a humanitarian role. Senate spoke. The world sat idly by, stant fighting. This is a decision made But little by little, that mission crept, the arms embargo was not lifted, and in Belgrade by a leader and a group to enforce the denied flight zone, en- the people of Bosnia were ethnically around him to incite nationalism, to force and protect the safe havens, send- cleansed, ripped from their homes, destroy the multicultural, multiethnic ing these brave soldiers wearing the raped, and murdered. society in Bosnia and to take advan- blue helmets of the United Nations in Here we are. It is July 1995. One of tage of the instability that existed to keep a peace that never was, and the other arguments that was made to after the cold war to create a greater putting them into combat positions us in these many debates I have just Serbia. without the weapons with which to de- described is that if we lifted the arms What about the embargo that we are fend themselves. embargo, the Serbs would seize the safe debating? Where did that come from? I heard the other day—and I have not havens, particularly in the east of Bos- Mr. President, this is not, as some may had a chance to check this, but I be- nia. Well, we have not lifted the arms think, an act of international law. It is lieve it—that more soldiers wearing embargo and, as we know, the Serbs an act of policy created and adopted by U.N. uniforms have been killed in Bos- have seized the safe havens—at a the Security Council of the United Na- nia than in the gulf war. They are he- dreadful human cost for the Bosnians. tions. roes. We sent them effectively on a Srebrenica has fallen. Zepa is under The resolution introduced creating mission impossible. Several times, con- siege now. Failure of our policy could an arms embargo, No. 713, was consid- fronting the failure of this policy, the not be clearer. It is time, finally, to ered by the Security Council at Bel- increasing way in which the U.N. act. Again, as in 1992 when the con- grade’s request. Why? Well, I believe it troops began to be not only an excuse centration camps were discovered, the is obvious. Because the forces in Bel- for Western inaction in the face of Ser- world is aroused by these painful sights grade knew that they had the monop- bian aggression, but began to be a of human suffering from Bosnia. This is oly and the warmaking capacity, the cover for Serbian aggression within the moment for us, finally, to act—to arms factories, and the weapons that Bosnia. Every time we would come act against aggression, against immo- had already been constructed of the here in the early years in this effort to rality, to give the people of this coun- former Yugoslavia. Applying an arms lift the embargo, people would say: You try—the victims—the weapons with embargo put their enemies, the targets cannot do it. If we lift the embargo, the which to defend themselves. of their aggression, at a profound dis- Serbs will seize the U.N. personnel as Mr. President, the Bosnians have advantage. hostages. been the greatest victims of the cur- So at Belgrade’s request, in Sep- Well, we have not lifted the embargo, rent policy that the West has followed tember 1991, the United Nations Secu- and the Serbs have seized U.N. per- for the last 31⁄2 years, a policy of irreso- rity Council adopted this arms embar- sonnel as hostages, and the killing of luteness, at best, a policy of weakness, go, later to be carried out by the mem- the Moslems in Bosnia continues. at worst. ber nations, including our own—in this Mr. President, when we came to the But the Bosnians are not the only case, by an Executive order issued by floor January 27, 1994, we passed a victims. We have suffered, as well. President Bush. The world satisfied sense-of-the-Senate resolution calling When aggression is met by ambiva- itself that this was a means to limit on the President to terminate the arms lence, and aggression is met by no re- the conflict in the former Yugoslavia embargo. That measure passed 87 to 9. sponse—which has been the case by stopping the flow of arms. What in- It was only a sense of the Senate. But throughout the war in Bosnia—ulti- nocence. What naivete. the Senate spoke. The world sat idly mately, we are all going to suffer. We In April 1992, Bosnia was recognized by, the arms embargo was not lifted, saw it happen just a short while ago di- as a new state, independent and sepa- and the people of Bosnia continued to rectly to America, when Captain rate from Yugoslavia. And on May 22, be—using that dreadfully sanitized O’Grady’s F–16 was shot down.

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10237 I have gone over this event in some there would have been a reasonable The PRESIDING OFFICER. Without detail with the folks at the Pentagon peace that both sides could have ac- objection, it is so ordered. just to make clear that I understood cepted. That is history. It has not hap- Mr. SPECTER. Mr. President, when exactly what happened. Here is what I pened. But now, though the hour is late in we see a photograph of a young woman have learned. We know that the Serbs who has hanged herself in a forest in in Bosnia were able to pick up the F–16 Bosnia and the situation ever more dif- Bosnia, because she prefers death to flying over Bosnia on an integrated ficult and complicated, there is no op- the kind of violations which the Bos- radar air defense system that has in- portunity to get the warring parties to nian Serbs are inflicting on young stallations in Bosnia, controlled by the the peace table, unless the Serbs pay women like herself who are Bosnian Bosnian Serbs, but goes back to Bel- some price for their aggression. Moslems; and where we see confirmed grade and Serbia, as well. But what is It seems to me that our last hope reports where the Bosnian Serbs walk most infuriating about this is that it is here, our last best hope, is to lift the into safe havens and root out 11-year- clear to those who are in a position to arms embargo, give the Bosnians the old children who are males, and slit know that when the Serbian air de- weapons with which to defend them- their throats and pile them in heaps; fense system sighted Captain O’Grady’s selves, their families, their country, and use NATO air power to strike at and when we see documents filed by F–16, they knew it was an American F– Serbian targets. I would not rule any- 16. This may not be known to those the International Criminal Tribunal thing out. for the former Yugoslavia where the in- who are not involved, and Members of Let the Serbs worry about where and the Chamber, and those who may be dictments read—horrifying prose— when we will strike. In Bosnia against about torture and sexual mutilation, in watching this debate, but this is a so- Serbian targets or in Serbia, which phisticated air defense system which which a prisoner is forced to ‘‘bite off continues to arm, equip, and actually the prisoner’s testicle,’’ resulting in his can look at this plane and determine send Serbian regular soldiers into Bos- that it is an American F–16. And not death; as horrible as these events are nia alongside the Bosnian Serbs. to recite, they are minuscule compared just that. It was able to determine—the There is strong evidence that in the to the horror of what is going on in Serbs on the ground—that this F–16 fall of Srebrenica there were special Bosnia today, and the acts of savagery, was not flying an aggressive flight mis- forces from the Serbian Army, the so- brutality, and atrocities being com- sion. It was not out to drop weapons, called Serbian Army fighting side by bombs, on Serbian targets, as has hap- side with the Bosnian Serbs. mitted by the Bosnian Serbs on the pened all too infrequently in this con- This is our last best hope, not just for Bosnian Moslems. flict. But that this plane was on a non- the people of Bosnia who paid a terrible The words ‘‘ethnic cleansing’’ hardly aggressive patrol mission, part of Oper- price, but for the rule of law and order begin to describe what is going on in ation Deny Flight, to keep Serb planes in Europe and throughout the world. that atrocious situation. It is the last best hope for NATO to on the ground, not in the air. Meanwhile, the democracies of the Seeing it was an American plane, show that in a situation that is com- world, the West, have permitted this knowing it was on a nonaggressive mis- plicated and yet where aggression is atrocious situation to continue. I be- sion, the Bosnian Serbs intentionally clear, it will act outside the context of lieve that the time has long passed shot it down. It is only by the grace of the Soviet-American cold war conflict; when there has to be a change in God and by the depth of his own ex- that there is still meaning to NATO in traordinary courage that Captain this great alliance. United States policy on how we deal O’Grady is alive today. It is the last best hope for the United with Bosnia. The time has long passed Understand the outrageous arro- Nations to restore some measure of when there has to be a change in NATO gance, the disrespect for law, the dis- credibility to itself as an instrument of policy on how we deal with Bosnia. And respect for the greatest power in the hope to victims of aggression and op- the time has long passed when there world, the United States, that they pression throughout the world. has to be a change in U.N. policy, on showed. These Bosnian Serbs shot Mr. President, there will be an ex- how we deal with Bosnia. down our plane. tended debate tomorrow, I am sure, on I believe that the resolution offered What have they paid for that aggres- this amendment. I hope and pray that tonight is a minimal step forward to what we will have is the resounding bi- sion? Nothing. What does that invite? try to implement a new policy which is partisan majority, the overwhelming It invites them to attack and overrun a urgently required. It is a minimal step majority that Senator DOLE referred to safe haven. Meanwhile Bosnian Army to lift the arms embargo, to let the weapons are being held in a U.N. com- earlier. Of itself, this is an event that occurs Bosnian Moslems defend themselves, as pound. U.N. Dutch soldiers—coura- here on the floor of the Senate, far re- they have every right to do under arti- geous, effectively unarmed—light arms moved from the suffering on the cle 51 of the U.N. Charter. is all they had. Then the Serbs followed ground in Bosnia, unable effectively to Action by the Senate, by the Con- with atrocities against the civilian immediately, even it is passed over- gress, by the Government of the United population. So we have suffered. We have suffered whelmingly, bring assistance to the States—depending upon what happens in the United States. We will continue Bosnians, but it will bring them hope. here in the House, the President’s reac- More than that, I hope that it will to suffer, as will the rule of law and the tion, the veto, a possible override or combine with what is happening on the rule of morality, if we stand by and perhaps the impetus of a strong state- ground, which is to say the failure of ment by the U.S. Senate—will cause a allow this aggression of the Serbs to go the U.N. mission, to either lead to a unresponded to. Mr. President, that is marked change in U.S. policy and what more aggressive use of air power by has to be U.S. leadership. There has what this S. 21 proposal is all about. NATO, as Secretary Perry has spoken In 1992, President Clinton supported a been a vacuum in U.S. leadership and I of, hopefully, encouragingly to me, in policy of lifting the arms embargo and think that is conceded on all sides. It is the last 3 or 4 days. If not, then the striking from the air. In 1993, Sec- not a political matter. Republicans withdrawal of the U.N. forces, the arm- retary Christopher, in the spring of were critical of President Bush for the ing of the Bosnians, and the continued arms embargo. The Senator from Con- that year, May I believe, went to Eu- use of NATO air power. necticut, Senator LIEBERMAN, has been rope to advocate this policy. Appar- Mr. President, I thank the Chair for critical of the President, of his own ently, our allies and Britain and his patience. I yield the floor. France argued against it. That was the I suggest the absence of a quorum. party. Senator KERREY, of Nebraska, end of it. The PRESIDING OFFICER (Mr. who is vice chairman of the Senate In- I honestly believe if we implemented FRIST). The clerk will call the roll. telligence Committee, a committee that policy at that point and employed The legislative clerk proceeded to which I chair, has been critical of his NATO air power, which we could have call the roll. own President and is quoted, ‘‘The done against the Serbs with minimal Mr. SPECTER. Mr. President, I ask President’s leadership has been awful. risk to NATO and American personnel, unanimous consent that the order for He campaigned criticizing President this war would have been over and the quorum call be rescinded. George Bush for not doing enough and

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10238 CONGRESSIONAL RECORD — SENATE July 18, 1995 implied that we were going to take the do not think we should lend U.S. troops If we move ahead with consultation— side of the Bosnian Moslems.’’ to any such effort. But in terms of air and it will take some time—and there I ask unanimous consent that this strikes, which are not entirely without is a real question as to whether there newsclip be printed in the RECORD at risk as we know—one pilot, Captain would be sufficient votes to pass the the conclusion of my remarks. O’Grady, was downed there—heli- resolution and a greater question as to The PRESIDING OFFICER. Without copters may or may not be committed. whether there would be sufficient votes objection, it is so ordered. There are also risks involved. But it is to override a Presidential veto, perhaps (See exhibit 1.) something which ought to be consid- we will find that we can change the Mr. SPECTER. So we are not talking ered. policy of the United Nations and that about a matter that is political. The I believe, Mr. President, if we have we will end up acting in concert with reality is that our President is inexpe- forceful leadership coming from the France, Great Britain, and the other rienced and inattentive and indecisive United States—and when I say ‘‘Mr. NATO powers. and ineffective. It is time that leader- President,’’ those who may be watch- ing on C–SPAN2 should know that is But there is a very important issue, ship came from the United States Sen- Mr. President, which we cannot duck ate, as this body had to start the lead- our formal way of addressing the Pre- siding Officer of this body, not the any longer. I am glad to see the resolu- ership to get the United States forces tion offered because I think it is time out of Somalia when we passed a reso- President of the United States—but, if the Senate takes a forceful stand, that we took a look at what is going on in lution cutting off the funds, as we have Bosnia and look in the mirror to see the authority to do under our appro- could have an impact on leading Presi- dent Clinton to change his position and how we feel about the kinds of values priations power. we articulate and the kinds of actions I submit that leadership by the U.S. it may well be with leadership which we are prepared to back up. Senate may well have the effect of pro- comes out of the U.S. Senate that we foundly changing, not only U.S. policy will change the policy of President It is a matter which cries out for but NATO policy and U.N. policy as Clinton and together we can change leadership. But it is a very difficult well. U.N. peacekeepers have had a the policy of NATO. We can change the matter because of the obvious reluc- ‘‘Mission Impossible’’ in Bosnia, be- policy of the United Nations. We can tance and reticence of anyone to see cause there is no peace to keep. I sub- change the policy of France and Brit- ground troops deployed in Bosnia or to mit the U.N. peacekeepers ought to be ain, if we undertake what French see any casualties inflicted on Amer- withdrawn. That is indispensable be- President Chirac has wanted to accom- ican fighting men and women. But fore the arms embargo is lifted, so that plish. these are issues which need to be con- Mr. President, when we see the geno- the UN peacekeepers are out of harm’s sidered. And the American people need cide and the atrocities that are going to know what is going on there so there way. on in Bosnia, we really wonder about That would then put us in a position can be a public reaction to the kinds of America’s response in another era. I re- atrocities which are going on—where to have an option of massive bombing. call vividly my father recounting his There are arguments both ways, as to young women are hanging themselves experiences as an American doughboy rather than to be subjected to the whether the bombing would be suffi- in the American Expeditionary Force cient. There is a substantial basis for atrocities of the Bosnian Serbs and in France in World War I. My father lads taken out in great numbers and saying if the bombing were sufficiently came to this country from Russia to intense and if the Bosnian Moslems having their throats slit apparently so escape the czar’s heel. He was not will- that they will not grow into another were armed, that a balance of power ing to go to Siberia to fight for the could be restored there. We subjected generation to pose some theoretical czar. But he was ready, willing, able, problem for the Serbs; to have the eth- Baghdad to relentless bombing during and really anxious to go to France to the gulf war, for months in advance of nic cleansing, and to have an entire fight for America, as he put it, as I re- genocide of an entire people. the invasion. member hearing him talk about it A question is raised as to whether growing up, ‘‘to make the world safe So I support the pending resolution. there ought to be consideration to re- for democracy.’’ I know my brother EXHIBIT 1 taliating against the cities of the Bos- and brother-in-law served in World War KERREY CRITICIZES THE PRESIDENT nian Serbs. I am not prepared to an- II against the scourge of the Nazis and swer that question. That issue has been the Japanese after the attack on Pearl (By David C. Beeder) raised, as to whether the doctrine of Harbor. And I served stateside during WASHINGTON.—Sen. Bob Kerrey, D-Neb., ac- proportionality makes any sense when the Korean war. cused President Clinton Tuesday of a lack of the only reaction to the attacks of the We have a different attitude today, leadership in Bosnia’s civil war. Bosnian Serbs is a proportional coun- Mr. President, in the United States, as ‘‘The president’s leadership has been terattack. That leaves them to call the to the extent we are willing to stand up awful,’’ Kerrey said in an interview. ‘‘He shots at every turn, because, under the for honor and for values and to stop the campaigned criticizing (President George) doctrine of proportionality, which has kind of atrocities which are going on in Bush for not doing enough and implied we been adopted by the United Nations, Bosnia. But I do believe that the entire were going to take the side of the Bosnian the Bosnian Serbs are not at risk. And Muslims.’’ Since then, Kerrey said, Clinton policy of the Clinton administration has been ‘‘sending a message that’s pretty there is a real question as to whether needs reevaluation from top to bottom, strong that the cavalry is coming up over that policy ought to be abandoned. and the resolution which is pending the hill.’’ Then you have the dual key issue, right now, to lift the arms embargo, is In a press conference later, Kerrey said where every decision has to be ap- a step in the right direction. I hope Senate Majority Leader Bob Dole, R-Kan., proved by the United Nations and that this will start a debate in the ‘‘is closer to being right’’ with his plan to NATO. There is very strong reason to United States Senate so that we can disregard a U.N. arms embargo that has believe that the decisions ought not to consider the very serious questions handicapped the Bosnian government. be made by the United Nations from which are in issue here, and we can Kerrey said he could support such a plan if their record up to the present time. consider the values of the United it required other countries’ approval and if it You have the courageous leadership of States, which we so proudly proclaim, first called for withdrawal of all U.N. peace- the French President, Chirac, who says and consider acting upon those values keepers. he is prepared to act and he is prepared and supporting them when we see the At the same time, Kerrey said, the United to take some forceful steps. He asks for kind of atrocities which are going on in States must be ‘‘careful not to respond emo- support from the United States, with tionally to scenes of violence and atrocities’’ Bosnia. And we know the values articu- against one side or the other in the civil war, helicopters, for some air cover. I am lated by the NATO alliance, and we saying the conflict did not consist of ‘‘a sin- not sure whether that is a wise course, know the values articulated by the gle issue where the Muslims are right and but that is a request which ought to be United Nations. And it is time we put the Serbs are wrong.’’ considered. some action behind those words. Kerrey’s fellow Nebraska senator, Demo- I am opposed to United States par- The first step on the action is a step crat J.J. Exon, urged caution in responding ticipation in a ground war in Bosnia. I to unilaterally lift the arms embargo. to events in Bosnia.

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10239 ‘‘With all the atrocities that are taking Federal Republic of Yugoslavia or the issued Executive Order No. 12934 in place over there, there is a tendency to come Government of the Federal Republic of order to take additional steps with re- unglued,’’ he said. Yugoslavia, then or thereafter located spect to the crisis in the former Yugo- Exon said he was concerned about a re- in the United States or within the pos- quest that the United States send heli- slavia. (59 FR 54117, October 27, 1994.) copters into combat zones to deliver U.N. re- session or control of U.S. persons, in- Executive Order No. 12934 expands the inforcement troops. cluding their overseas branches. scope of the national emergency de- ‘‘The more people they put in there the Subsequently, Executive Order No. clared in Executive Order No. 12808 to more difficult it will be to extricate them,’’ 12810 expanded U.S. actions to imple- address the unusual and extraordinary Exon said, noting that Clinton has pledged ment in the United States the United threat to the national security, foreign to send U.S. ground troops to help if the U.N. Nations sanctions against the FRY (S/ policy, and economy of the United decides it must withdraw from Bosnia. M) adopted in United Nations Security States posed by the actions and poli- Exon said he has always opposed sending Council (‘‘UNSC’’) Resolution 757 of U.S. ground troops. cies of the Bosnian Serb forces and the May 30, 1992. In addition to reaffirming authorities in the territory in the Re- f the blocking of FRY (S/M) Government public of Bosnia and Herzegovina that MORNING BUSINESS property, this order prohibited trans- they control, including their refusal to actions with respect to the FRY (S/M) f accept the proposed territorial settle- involving imports, exports, dealing in ment of the conflict in the Republic of FRY-origin property, air and sea trans- REPORT ON THE NATIONAL EMER- Bosnia and Herzegovina. GENCY WITH SERBIA AND MON- portation, contract performance, funds TENEGRO—MESSAGE FROM THE transfers, activity promoting importa- The Executive order blocks all prop- PRESIDENT—PM 67 tion or exportation or dealings in prop- erty and interests in property that are in the United States, that hereafter THE PRESIDING OFFICER laid be- erty, and official sports, scientific, come within the United States, or that fore the Senate the following message technical, or other cultural representa- are or hereafter come within the pos- from the President of the United tion of, or sponsorship by, the FRY (S/ session or control of United States per- States, together with an accompanying M) in the United States. Executive Order No. 12810 exempted sons (including their overseas report; which was referred to the Com- from trade restrictions (1) trans- branches) of: (1) the Bosnian Serb mili- mittee on Banking, Housing, and shipments through the FRY (S/M), and Urban Affairs. tary and paramilitary forces and the (2) activities related to the United Na- authorities in areas of the Republic of To the Congress of the United States: tions Protection Force Bosnia and Herzegovina under the con- On May 30, 1992, in Executive Order (‘‘UNPROFOR’’), the Conference on trol of those forces; (2) any entity, in- No. 12808, the President declared a na- Yugoslavia, or the European Commu- cluding any commercial, industrial, or tional emergency to deal with the nity Monitor Mission. public utility undertaking, organized threat to the national security, foreign On January 15, 1993, President Bush or located in those areas of the Repub- policy, and economy of the United issued Executive Order No. 12831 to im- lic of Bosnia and Herzegovina under States arising from actions and poli- plement new sanctions contained in the control of Bosnian Serb forces; (3) cies of the Governments of Serbia and U.N. Security Council Resolution 787 of any entity, wherever organized or lo- Montenegro, acting under the name of November 16, 1992. The order revoked cated, which is owned or controlled di- the Socialist Federal Republic of Yugo- the exemption for transshipments slavia or the Federal Republic of Yugo- rectly or indirectly by any person in, through the FRY (S/M) contained in or resident in, those areas of the Re- slavia, in their involvement in and sup- Executive Order No. 12810, prohibited public of Bosnia and Herzegovina under port for groups attempting to seize ter- transactions within the United States the control of Bosnian Serb forces; and ritory in Croatia and the Republic of or by a U.S. person relating to FRY (S/ (4) any person acting for or on behalf of Bosnia and Herzegovina by force and M) vessels and vessels in which a ma- any person within the scope of the violence utilizing, in part, the forces of jority or controlling interest is held by above definitions. the so-called Yugoslav National Army a person or entity in, or operating (57 FR 23299, June 2, 1992). I expanded from, the FRY (S/M), and stated that The Executive order also prohibits the national emergency in Executive all such vessels shall be considered as the provision or exportation of services Order No. 12934 of October 25, 1994, to vessels of the FRY (S/M), regardless of to those areas of the Republic of Bos- address the actions and policies of the the flag under which they sail. nia and Herzegovina under the control Bosnian Serb forces and the authorities On April 25, 1993, I issued Executive of Bosnian Serb forces, or to any per- in the territory of the Republic of Bos- Order No. 12846 to implement in the son for the purpose of any business car- nia and Herzegovina that they control. United States the sanctions adopted in ried on in those areas, either from the The present report is submitted pursu- UNSC Resolution 820 of April 17, 1993. United States or by a U.S. person. The ant to 50 U.S.C. 1641(c) and 1703(c). It That resolution called on the Bosnian order also prohibits the entry of any discusses Administration actions and Serbs to accept the Vance-Owen peace U.S.-flagged vessel, other than a U.S. expenses directly related to the exer- plan for the Republic of Bosnia and naval vessel, into the riverine ports of cise of powers and authorities con- Herzegovina and, if they failed to do so those areas of the Republic of Bosnia ferred by the declaration of a national by April 26, called on member states to and Herzegovina under the control of emergency in Executive Order No. 12808 take additional measures to tighten Bosnia Serb forces. Finally, any trans- and Executive Order No. 12934 and to the embargo against the FRY (S/M) action by any U.S. person that evades expanded sanctions against the Federal and Serbian controlled areas of the Re- or avoids, or has the purpose of evading Republic of Yugoslavia (Serbia and public of Bosnia and Herzegovina and or avoiding, or attempts to violate any Montenegro) (the ‘‘FRY (S/M)’’) and the United Nations Protected Areas in of the prohibitions set forth in the the Bosnian Serbs contained in Execu- Croatia. Effective April 26, 1993, the order is prohibited. Executive Order tive Order No. 12810 of June 5, 1992 (57 order blocked all property and inter- No. 12934 became effective at 11:59 p.m., FR 24347, June 9, 1992), Executive Order ests in property of commercial, indus- e.d.t., on October 25, 1994. No. 12831 of January 15, 1993 (58 FR 5253, trial, or public utility undertakings or Jan. 21, 1993), Executive Order No. 12846 entities organized or located in the 2. The declaration of the national of April 25, 1993 (58 FR 25771, April 27, FRY (S/M), including property and in- emergency on May 30, 1992, was made 1993), and Executive Order No. 12934 of terests in property of entities (wher- pursuant to the authority vested in the October 25, 1994 (59 FR 54117, October ever organized or located) owned or President by the Constitution and laws 27, 1994). controlled by such undertakings or en- of the United States, including the 1. Executive Order No. 12808 blocked tities, that are or thereafter come International Emergency Economic all property and interests in property within the possession or control of U.S. Powers Act (50 U.S.C. 1701 et seq.), the of the Governments of Serbia and Mon- persons. National Emergencies Act (50 U.S.C. tenegro, or held in the name of the On October 25, 1994, in view of UNSC 1601 et seq.), and section 301 of title 3 of former Government of the Socialist Resolution 942 of September 23, 1994, I the United States Code. The emergency

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10240 CONGRESSIONAL RECORD — SENATE July 18, 1995 declaration was reported to the Con- the FRY (S/M) to 938 and the total the FRY (S/M) or FRY (S/M)—located gress on May 30, 1992, pursuant to sec- number of individuals identified as or controlled entities; (3) for the liq- tion 204(b) of the International Emer- leaders of the Bosnian Serb military or uidation or protection of tangible as- gency Economic Powers Act (50 U.S.C. paramilitary forces or civilian authori- sets of subsidiaries of FRY (S/M)—lo- 1703(b)) and the expansion of that Na- ties in the territories in the Republic cated or controlled firms located in the tional Emergency under the same au- of Bosnia and Herzegovina that they U.S.; (4) for limited transactions re- thorities was reported to the Congress control to 85. A copy of the notice is lated to FRY (S/M) diplomatic rep- on October 25, 1994. The additional attached. resentation in Washington and New sanctions set forth in related Executive Treasury’s blocking authority as ap- York; (S) for patent, trademark and orders were imposed pursuant to the plied to FRY (S/M) subsidiaries and copyright protection in the FRY (S/M) authority vested in the President by vessels in the United States has been not involving payment to the FRY (S/ the Constitution and laws of the challenged in court. In Milena Ship M) Government; (6) for certain commu- United States, including the statutes Management Company, Ltd. v. Newcomb, nications, news media, and travel-re- cited above, section 1114 of the Federal 804 F Supp. 846, 855, and 859 (E.D.L.A. lated transactions; (7) for the payment Aviation Act (49 U.S.C. App. 1514), and 1992) aff’d, 995 F.2d 620 (5th Cir. 1993), of crews’ wages, vessel maintenance, section 5 of the United Nations Partici- cert. denied, 114 S.Ct. 877 (1994), involv- and emergency supplies for FRY (S/M) pation Act (22 U.S.C. 287c). ing five ships owned or controlled by controlled ships blocked in the United 3. There have been no amendments to FRY (S/M) entities blocked in various States; (8) for the removal from the the Federal Republic of Yugoslavia U.S. ports, the blocking authority as FRY (S/M), or protection within the (Serbia and Montenegro) Sanctions applied to these vessels was upheld. In FRY (S/M), of certain property owned Regulations (the ‘‘Regulations’’), 31 IPT Company, Inc. v. United States De- and controlled by U.S. entities; (9) to C.F.R. Part 585, since the last report. partment of the Treasury, No. 92 CIV 5542 assist the United Nations in its relief The Treasury Department had pre- (S.D.N.Y. 1994), the district court also operations and the activities of the viously published 853 names in the Fed- upheld the blocking authority as ap- U.N. Protection Force; and (10) for pay- eral Register on November 17, 1994 (59 plied to the property of a Yugoslav sub- ment from funds outside the United FR 59460), as part of a comprehensive sidiary located in the United States. States where a third country has li- listing of all blocked persons and spe- The latter case is currently on appeal censed the transaction in accordance cially designated nationals (‘‘SDNs’’) of to the Second Circuit. with U.N. sanctions. Pursuant to U.S. the FRY (S/M). This list identified in- 4. Over the past 6 months, the De- regulations implementing UNSC Reso- dividuals and entities determined by partments of State and Treasury have lutions, specific licenses have also been the Department of the Treasury to be worked closely with European Union issued to authorize exportation of food, owned or controlled by or acting for or (the ‘‘EU’’) member states and other medicine, and supplies intended for hu- on behalf of the Government of the U.N. member nations to coordinate im- manitarian purposes in the FRY (S/M). FRY (S/M), persons in the FRY (S/M), plementation of the U.N. sanctions During the past 6 months, FAC has or entities located or organized in or against the FRY (S/M). This has in- continued to oversee the liquidation of controlled from the FRY (S/M). All pro- cluded visits by assessment teams tangible assets of the 15 U.S. subsidi- hibitions in the Regulations pertaining formed under the auspices of the aries of entities organized in the FRY to the Government of the FRY (S/M) United States, the EU, and the Organi- (S/M). Subsequent to the issuance of apply to the entities and individuals zation for Security and Cooperation in Executive Order No. 12846, all operating identified. U.S. persons, on notice of Europe (the ‘‘OSCE’’) to states bor- licenses issued for these U.S.-located the status of such blocked persons and dering on Serbia and Montenegro; con- Serbian or Montenegrin subsidiaries or specially designated nationals, are pro- tinued deployment of OSCE sanctions joint ventures were revoked, and the hibited from entering into transactions assistance missions (‘‘SAMs’’) to Alba- net proceeds of the liquidation of their with them, or transactions in which nia, Bulgaria, Croatia, the former assets placed in blocked accounts. they have an interest, unless otherwise Yugoslav Republic of Macedonia, Hun- In order to reduce the drain on exempted or authorized pursuant to gary, Romania, and Ukraine to assist blocked assets caused by continuing to the Regulations. in monitoring land and Danube River rent commercial space, FAC arranged On February 22, 1995, pursuant to Ex- traffic; support for the International to have the blocked personality, files, ecutive Order 12934 and the Regula- Conference on the Former Yugoslavia and records of the two Serbian banking tions, Treasury identified 85 individ- (‘‘ICFY’’) monitoring missions along institutions in New York moved to se- uals as leaders of the Bosnian Serb the Serbia-Montenegro-Bosnia border; cure storage. The personality is being forces or civilian authorities in the ter- bilateral contacts between the United liquidated, with the net proceeds ritories in the Republic of Bosnia and States and other countries for the pur- placed in blocked accounts. Herzegovina that they control. Also on pose of tightening financial and trade Following the sale of the M/V February 22, Treasury designated 19 in- restrictions on the FRY (S/M); and on- Kapetan Martinovic in January 1995, dividuals and 23 companies as SDNs of going multilateral meetings by finan- five Yugoslav-owned vessels remain the FRY (S/M). These designations in- cial sanctions enforcement authorities blocked in the United States. Approval clude FRY (S/M)-connected companies from various countries to coordinate of the UNSC’s Serbian sanctions Com- around the world that are being di- enforcement efforts and to exchange mittee was sought and obtained for the rected from Cyprus, two Cypriot-owned technical information. sale of the M/V Kapetan Martinovic firms that have had a central role in 5. In accordance with licensing policy (and the M/V Bor, which was sold in helping establish and sustain sanc- and the Regulations, FAC has exercised June 1994) based on U.S. assurances tions-evading FRY (S/M) front compa- its authority to license certain specific that the sale would comply with four nies in Cyprus, and the head of the transactions with respect to the FRY basic conditions, which assure that FRY (S/M)’s Central Bank who is also (S/M) that are consistent with U.S. for- both U.S. and U.N. sanctions objectives the architect of the FRY (S/M) eco- eign policy and the Security Council with respect to the FRY (S/M) are met: nomic program. sanctions. During the reporting period, (1) the sale will be for fair market Additionally, on March 13, 1995, FAC has issued 109 specific licenses re- value; (2) the sale will result in a com- Treasury named 32 firms and eight in- garding transactions pertaining to the plete divestiture of any interest of the dividuals that are part of the Karic FRY (S/M) or assets it owns or con- FRY (S/M) (or of commercial interests Brothers’ family network of companies trols, bringing the total as of April 25, located in or controlled from the FRY as SDNs of the FRY (S/M). Their enter- 1995, to 930. Specific licenses have been (S/M) in the vessel; (3) the sale would prises span the globe and are especially issued (1) for payment to U.S. or third- result in no economic benefit to the active in former East Bloc countries. country secured creditors, under cer- FRY (S/M) (or commercial interests lo- These additions and amendments, pub- tain narrowly-defined circumstances, cated in or controlled from the FRY (S/ lished in the Federal Register on April for pre-embargo import and export M)); and (4) the net proceeds of the sale 18, 1995 (60 FR 19448), bring the current transactions; (2) for legal representa- (the gross proceeds less the costs of total of Blocked Entities and SDNs of tion or advice to the Government of sale normally paid by the seller) will

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10241 be placed in a blocked account in the ing nearly $20,000. Of these, five were ENROLLED BILL PRESENTED United States. Negotiations for the paid by U.S. financial institutions for The Secretary of the Senate reported sale of the M/V Bar, now blocked in violative funds transfers involving the that on July 18, 1995, he had presented New Orleans, are underway and are Government of the FRY (S/M), persons to the President of the United States likely to be concluded prior to my next in the FRY (S/M), or entities located or the following enrolled bill: report. organized in or controlled from the S. 523. An act to amend the Colorado River Other than the M/V Bar, the four re- FRY (S/M). Three U.S. companies and Basin Salinity Control Act to authorize addi- maining Yugoslav-owned vessels are one air carrier have also paid penalties tional measures to carry out the control of beneficially owned by Jugooceanija, related to exports or unlicensed pay- salinity upstream of Imperial Dam in a cost- Plovidba of Kotor, Montenegro, and ments to the Government of the FRY effective manner, and for other purposes. managed by Milena Ship Management (S/M) or persons in the FRY (S/M) or f Co. Ltd. in Malta. These vessels have other violations of the Regulations. EXECUTIVE AND OTHER many unpaid U.S. creditors for services 7. The expenses incurred by the Fed- COMMUNICATIONS and supplies furnished during the time eral Government in the 6-month period they have been blocked in the United from November 30, 1994, through May The following communications were States; moreover, the owner appears to 29, 1995, that are directly attributable laid before the Senate, together with have insufficient resources to provide to the authorities conferred by the dec- accompanying papers, reports, and doc- for the future upkeep and maintenance laration of a national emergency with uments, which were referred as indi- needs of these vessels and their crews. respect to the FRY (S/M) and the Bos- cated: The United States is notifying the nian Serb forces and authorities are es- EC–1180. A communication from the Sec- UNSC’s Serbian Sanctions Committee timated at about $3.5 million, most of retary of Agriculture, transmitting, a draft of the United States’s intention to li- which represent wage and salary costs of proposed legislation to authorize the Sec- cense some or all of these remaining for Federal personnel. Personnel costs retary of Agriculture to expand and stream- four vessels upon the owner’s request. line a Distance Learning and Telemedicine were largely centered in the Depart- Program by providing for loans and grants With the FAC-licensed sales of the M/ ment of the Treasury (particularly in and to authorize appropriations for business V Kapetan Martinovic and the M/V FAC and its Chief Counsel’s Office, and telecommunication partnerships; to the Bor, those vessels were removed from the U.S. Customs Service), the Depart- Committee on Agriculture, Nutrition, and the list of blocked FRY entities and ment of State, the National Security Forestry. merchant vessels maintained by FAC. Council, the U.S. Coast Guard, and the EC–1181. A communication from the Gen- The new owners of several formerly Department of Commerce. eral Counsel of the Department of Defense, Yugoslav-owned vessels, which have 8. The actions and policies of the transmitting, a draft of proposed legislation been sold in other countries, have peti- to designate defense acquisition pilot pro- Government of the FRY (S/M), in its grams in accordance with the National De- tioned FAC to remove those vessels involvement in and support for groups fense Authorization Act for fiscal year 1991 from the list. FAC, in coordination attempting to seize and hold territory and for other purposes; to the Committee on with the Department of State, is cur- in the Republics of Croatia and Bosnia Armed Services. rently reviewing the sale terms and and Herzegovina by force and violence, EC–1182. A communication from the Sec- conditions for those vessels to ascer- and the actions and policies of the Bos- retary of the Treasury, transmitting, pursu- tain whether they comply with U.N. nian Serb forces and the authorities in ant to law, a report on specialized govern- sanctions objectives and UNSC’s Ser- the areas of Bosnia and Herzegovina ment securities brokers and dealers; to the Committee on Banking, Housing, and Urban bian Sanctions Committee practice. under their control, continue to pose During the past 6 months, U.S. finan- Affairs. an unusual and extraordinary threat to EC–1183. A communication from the Presi- cial institutions have continued to the national security, foreign policy, dent and Chairman of the Export-Import block funds transfers in which there is and economy of the United States. The Bank, transmitting, pursuant to law, a state- an interest of the Government of the United States remains committed to a ment with respect to a transaction involving FRY (S/M) or an entity or undertaking multilateral resolution of the conflict U.S. exports to Morocco; to the Committee located in or controlled from the FRY through implementation of the United on Banking, Housing, and Urban Affairs. (S/M), and to stop prohibited transfers EC–1184. A communication from the Presi- Nations Security Council resolutions. dent and Chairman of the Export-Import to persons in the FRY (S/M). Such I shall continue to exercise the pow- interdicted transfers have accounted Bank, transmitting, pursuant to law, a state- ers at my disposal to apply economic ment with respect to a transaction involving for $125.6 million since the issuance of sanctions against the FRY (S/M) and U.S. exports to Japan; to the Committee on Executive Order No. 12808, including the Bosnian Serb forces, civil authori- Banking, Housing, and Urban Affairs. some $9.3 million during the past 6 ties, and entities, as long as these EC–1185. A communication from the Presi- months. measures are appropriate, and will con- dent and Chairman of the Export-Import To ensure compliance with the terms tinue to report periodically to the Con- Bank, transmitting a draft of proposed legis- of the licenses that have been issued lation to amend the Export-Import Bank Act gress on significant developments pur- of 1945, as amended; to the Committee on under the program, stringent reporting suant to 50 U.S.C. 1703(c). requirements are imposed. More than Banking, Housing, and Urban Affairs. WILLIAM J. CLINTON. EC–1186. A communication from the Sec- 279 submissions have been reviewed by THE WHITE HOUSE, July 18, 1995. retary of Housing and Urban Development, FAC since the last report, and more transmitting, pursuant to law, the 1994 an- than 125 compliance cases are cur- f nual report of the Government National rently open. Mortgage Association; to the Committee on 6. Since the issuance of Executive MESSAGES FROM THE HOUSE Banking, Housing, and Urban Affairs. Order No. 12810, FAC has worked close- EC–1187. A communication from the Direc- ly with the U.S. Customs Service to en- tor of the Office of Management and Budget, sure both that prohibited imports and ENROLLED BILL SIGNED Executive Office of the President, transmit- exports (including those in which the ting, pursuant to law, a report on direct At 12:30 p.m., a message from the spending or receipts legislation within five Government of the FRY (S/M) or Bos- House of Representatives, delivered by days of enactment; to the Committee on the nian Serb authorities have an interest) Mr. Hays, one of its reading clerks, an- Budget. are identified and interdicted, and that nounced that the Speaker has signed EC–1188. A communication from the Sec- permitted imports and exports move to the following enrolled bill: retary of Commerce, transmitting, pursuant their intended destination without S. 523. An act to amend the Colorado River to law, a report required under the Antarctic undue delay. Violations and suspected Basin Salinity Control Act to authorize addi- Marine Living Resources Convention Act of violations of the embargo are being in- tional measures to carry out the control of 1984; to the Committee on Commerce, vestigated and appropriate enforce- salinity upstream of Imperial Dam in a cost- Science, and Transportation. effective manner, and for other purposes. EC–1189. A communication from the Acting ment actions are being taken. There Assistant Secretary of the Interior, Terri- are currently 37 cases under active in- The enrolled bill was subsequently torial and International Affairs, transmit- vestigation. Since the last report, FAC signed by the President pro tempore ting a draft of proposed legislation to amend has collected nine civil penalties total- (Mr. THURMOND). the Magnuson Fishery and Conservation

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10242 CONGRESSIONAL RECORD — SENATE July 18, 1995 Management Act; to the Committee on Com- EC–1204. A communication from the Assist- mittee on Banking, Housing, and Urban Af- merce, Science, and Transportation. ant Legal Adviser (Treaty Affairs), Depart- fairs. EC–1190. A communication from the Chair- ment of State, transmitting, pursuant to POM–225. A resolution adopted by the man of the Federal Trade Commission, law, the text of international agreements, Township of Robinson, Crawford County, Illi- transmitting, pursuant to law, the annual re- other than treaties, and background state- nois relative to the Metric System; to the port of the Commission for fiscal year 1992; ments; to the Committee on Foreign Rela- Committee on Commerce, Science, and to the Committee on Commerce, Science, tions. Transportation. and Transportation. EC–1205. A communication from the Assist- POM–226. A resolution adopted by the EC–1191. A communication from the Board ant Secretary of State (Legislative Affairs), Chamber of Commerce of High Point, North of Directors of the U.S. Enrichment Corpora- transmitting, pursuant to law, a Presidential Carolina relative to Amtrak; to the Com- tion, transmitting, pursuant to law, a plan Determination with respect to Haiti; to the mittee on Commerce, Science, and Transpor- for the privatization of the USEC; to the Committee on Foreign Relations. tation. POM–227. A resolution adopted by the Committee on Energy and Natural Re- f sources. Council of the City of Baltimore, Maryland EC–1192. A communication from the Sec- PETITIONS AND MEMORIALS relative to the U.S. Coast Guard Yard at Cur- tis Bay; to the Committee on Commerce, retary of Energy, transmitting, pursuant to The following petitions and memo- law, a report relative to Exxon and stripper Science, and Transportation. well oil overcharge funds as of March 31, rials were laid before the Senate and POM–228. A joint resolution adopted by the 1995; to the Committee on Energy and Nat- were referred or ordered to lie on the Legislature of the State of Maine; to the ural Resources. table as indicated: Committee on Commerce, Science, and EC–1193. A communication from the Sec- Transportation. POM–223. A joint resolution adopted by the ‘‘Whereas, the current territorial sea limit retary of Energy, transmitting, pursuant to Legislature of the State of Maine; to the for the State of Maine is 3 miles; and law, a report relative to electric motor vehi- Committee on Appropriations. ‘‘Whereas, waters within the 3-mile terri- cles; to the Committee on Energy and Nat- ‘‘JOINT RESOLUTION— torial sea limit are regulated by the State of ural Resources. Maine with respect to marine fisheries and EC–1194. A communication from the Chair ‘‘Whereas, the Carlton Bridge between Bath and Woolwich, Maine, built in 1926, has the waters outside the 3-mile territorial sea of the State Energy Advisory Board, Depart- limit are not within the jurisdiction of the ment of Energy, transmitting, pursuant to structurally, mechanically and functionally deteriorated and is in dire need of replace- State; and law, a report relative to energy efficiency ‘‘Whereas, the United States Government and renewable energy; to the Committee on ment; and ‘‘Whereas, the Carlton Bridge provides the has extended territorial limits to 12 miles for Energy and Natural Resources. purposes other than marine fisheries; now, EC–1195. A communication from the Sec- only access along coastal Route 1 and sup- ports more than 20,000 jobs critical for the therefore, be it retary of Energy, transmitting, pursuant to ‘‘Resolved, That We, your Memorialists, re- mid-coast region; and law, a report entitled ‘‘Summary of Expendi- spectfully recommend and urge the Congress ‘‘Whereas, annual average daily traffic cur- tures of Rebates from the Low-Level Radio- of the United States to extend the territorial rently exceeds the bridge capacity and is active Waste Surcharge Escrow Account for sea limit of the State of Maine from 3 miles projected to double over the next 20 years; Calendar Year 1994’’; to the Committee on to 12 miles for the purposes of marine fish- and Energy and Natural Resources. eries so that the State of Maine can more ef- ‘‘Whereas, the Carlton Bridge is located on EC–1196. A communication from the In- fectively manage its marine fisheries re- Maine’s most congested highway and pro- spector General of the Department of Health sources; and be it further and Human Services, transmitting, pursuant vides an essential link for residents of and ‘‘Resolved, That suitable copies of this Me- to law reports required under the Superfund tourists to Maine’s coastal communities and morial, duly authenticated by the Secretary Amendments and Reauthorization Act of the Eastern United States; and of State, be transmitted to the Honorable 1986; to the Committee on Environment and ‘‘Whereas, the economic impact of tourist William J. Clinton, President of the United Public Works. travel through the mid-coast region, over States, the President of the Senate and the EC–1198. A communication from the Sec- the Carlton Bridge, annually exceeds Speaker of the House of Representatives of retary of Health and Human Services, trans- $350,000,000, generating more than $80,000,000 the Congress of the United States and to mitting, pursuant to law, the National Insti- in federal, state and local revenues annually; each member of the Maine Congressional tute of Environmental Health Sciences re- and Delegation.’’ port on mercury; to the Committee on Envi- ‘‘Whereas, the Carlton Bridge provides the ronment and Public Works. only access for emergency vehicles to and POM–229. A resolution adopted by the Leg- EC–1199. A communication from the Assist- from regional hospitals and fire stations; and islature of the State of Nebraska; to the ant Secretary of State (Legislative Affairs), ‘‘Whereas, the cost to replace the Carlton Committee on Commerce, Science, and transmitting, pursuant to law, a memo- Bridge is more than double the total annual Transportation. randum of justification for presidential de- construction budget of the Maine Depart- ‘‘Whereas, the people of the State of Ne- termination regarding the drawdown of De- ment of Transportation; and braska enjoy a sister-state relationship with partment of Treasury commodities and serv- ‘‘Whereas, federal, state, local and private Taiwan; and ices to support Serbia-Montenegro sanctions support and innovative financing is critical ‘‘Whereas, commercial interaction with program enforcement efforts; to the Com- to fund the replacement of the Carlton Taiwan has grown substantially in recent mittee on Foreign Relations. Bridge; and years to the mutual benefit of both our citi- EC–1200. A communication from the Assist- ‘‘Whereas, the Carlton Bridge was recog- zenry; and ant Legal Adviser for Treaty Affairs, Depart- nized by Congress as a demonstration project ‘‘Whereas, Taiwan has made progress in ment of State, transmitting, pursuant to under the Intermodal Surface Transpor- the democratic political system in recent law, the text of international agreements, tation Efficiency Act of 1991; now, therefore, years; and ‘‘Whereas, Taiwan has had a role in inter- other than treaties, and background state- be it national development programs and humani- ments; to the Committee on Foreign Rela- ‘‘Resolved, That We, your Memorialists, re- spectfully recommend and urge the Presi- tarian relief operations; and tions. ‘‘Whereas, the active cultural exchange by dent and the Congress of the United States EC–1201. A communication from the Gen- and between the sister-states has a positive to provide financial assistance for the re- eral Counsel of the Department of Defense, educational value. Now, therefore, be it transmitting a draft of proposed legislation placement of the Carlton Bridge and in par- Resolved by the members of the Ninety- to provide defense articles and services, in- ticular to fund the discretionary bridge pro- Fourth Legislature of Nebraska, First Ses- cluding military training, to Jordan to en- gram at a level sufficient to allow for the re- sion: hance its security in the wake of signing a placement of this critical access bridge; and ‘‘1. That the ongoing commercial relation- peace treaty with Israel; to the Committee be it further ship of the State of Nebraska, with the peo- on Foreign Relations. ‘‘Resolved, That suitable copies of this Me- ple of Taiwan should be recognized as serving EC–1202. A communication from the Assist- morial, duly authenticated by the Secretary our mutual interests in an equitable and re- ant Secretary of State (Legislative Affairs), of State, be transmitted to the Honorable ciprocal manner. transmitting, pursuant to law, a memo- William J. Clinton, President of the United ‘‘2. That the Clerk of the Legislature randum of justification for presidential de- States, to the President of the Senate and transmit a copy of this resolution to the termination regarding the drawdown of de- the Speaker of the House of Representatives Speaker of the House of Representatives, to fense articles and services for the rapid reac- of the Congress of the United States and to the President of the Senate of the Congress tion force; to the Committee on Foreign Re- each member of the Maine Congressional of the United States, to all members of the lations. Delegation.’’ Nebraska delegation to the Congress of the EC–1203. A communciation from the Assist- United States, and to the President of the ant Secretary of State (Legislative Affairs), POM–224. A resolution adopted by the United States with the request that it be of- transmitting, pursuant to law, a Presidential Council of the City of Cleveland Heights, ficially entered in the Congressional Record Determination with respect to Bosnia; to the Ohio relative to the Community Develop- as memorial to the Congress of the United Committee on Foreign Relations. ment Block Grant Program; to the Com- States.’’

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10243 POM–230. A joint resolution adopted by the mentation with appropriate endorsements craft were constructed and assembled Legislature of the State of Nevada; to the for employment in the coastwise trade of the in the United States, but that because Committee on Commerce, Science, and United States for 14 former U.S. Army hover- some components were constructed in Transportation. craft; to the Committee on Commerce, Canada, the hovercraft have been de- ‘‘JOINT RESOLUTION 25 Science, and Transportation. By Mr. STEVENS (for himself and Mr. termined by the Coast Guard to be in- ‘‘Whereas, Air and highway travel is be- eligible to operate in the coastwise coming increasingly congested in the West- HOLLINGS): S. 1047. A bill to authorize the Secretary of trade of the United States. ern United States as populations continue to The first bill I am introducing today increase in those areas; and Transportation to issue certificates of docu- ‘‘Whereas, Such congestion may result in mentation and coastwise trade endorsements would allow these vessels to be oper- an increase in the number of fatal auto- for the vessels ENCHANTED ISLES and EN- ated in the U.S. coastwise trade. mobile and airplane accidents and in the CHANTED SEAS; to the Committee on Com- I ask unanimous consent that this amount of harmful contaminants released in merce, Science, and Transportation. bill be printed in the RECORD. By Mr. PRESSLER (for himself and to the atmosphere; and VESSELS ‘‘Whereas, The technology to build super- Mr. BURNS): S. 1048. A bill to authorize appropriations Senator HOLLINGS joins me as a co- speed trains which operate by magnetic levi- sponsor of the second bill I am intro- tation is available and if employed would for fiscal year 1996 to the National Aero- help eliminate the congested conditions on nautics and Space Administration for human ducing today, which would authorize the highways and in the air and therefore space flight; science, aeronautics, and tech- the Secretary of Transportation to help reduce the rate of fatal accidents and nology; mission support; and Inspector Gen- issue certificates of documentation the levels of air pollution; and eral; and for other purposes; to the Com- with appropriate endorsements for em- ‘‘Whereas, Super-speed trains which oper- mittee on Commerce, Science, and Transpor- ployment in the coastwise trade of the ate by magnetic levitation can travel in ex- tation. United States for two cruise ships that cess of 180 miles per hour and therefore for By Mr. HEFLIN: were built in the United States but S. 1049. A bill to amend the National Trails many trips would be of comparable effi- that are currently being operated ciency to that of most commercial airlines; Systems Act to designate the route from and Selma to Montgomery as a National Historic under the Panamanian flag. ‘‘Whereas, The estimated fare for pas- Trail, and for other purposes; to the Com- It is my understanding that the En- sengers of such super-speed trains is only mittee on Energy and Natural Resources. chanted Isle and Enchanted Seas were about two-thirds of the prevailing fare for f built in the 1950’s in Mississippi, and passengers of commercial airlines; and that they can carry approximately ‘‘Whereas, The cost of construction of such STATEMENTS ON INTRODUCED 1,000 passengers each. a super-speed train system is estimated to be BILLS AND JOINT RESOLUTIONS The vessels left the United States lower per mile than building traditional By Mr. STEVENS: coastwise trade and began flying the highways or airports in urban areas; now, S. 1046. A bill to authorize the Sec- Panamanian flag in 1972. therefore, be it A U.S. flag company, International ‘‘Resolved by the Assembly and Senate of retary of Transportation to issue cer- the State of Nevada, jointly, That the Presi- tificates of documentation with appro- Marine Carriers, is in the process of ac- dent of the United States and Congress are priate endorsements for employment in quiring the vessels, and would like to hereby urged to support all federal and state the coastwise trade of the United employ them in trade in the Gulf of efforts to build and operate super-speed States for 14 former U.S. Army hover- Mexico and along the east coast. trains which operate by magnetic levitation craft; to the Committee on Commerce, The vessels will provide jobs for U.S. and to support financially, through grants or Science, and Transportation. seamen, and it is my understanding otherwise, the development of a national that U.S. maritime unions support corridor for the travel of such super-speed By Mr. STEVENS (for himself waiving them into the U.S. trade. The trains; and be it further Coast Guard authorization bill passed ‘‘Resolved, That the Chief Clerk of the As- and Mr. HOLLINGS): sembly prepare and transmit a copy of this S. 1047. A bill to authorize the Sec- in the House earlier this year included resolution to the President of the United retary of Transportation to issue cer- waivers for the two ships. States, the Vice President of the United tificates of documentation and coast- I ask unanimous consent that this States as the presiding officer of the Senate, wise trade endorsements for the vessels bill be printed in the RECORD. the Speaker of the House of Representatives Enchanted Isles and Enchanted Seas; to There being no objection, the bills and each member of the Nevada Congres- the Committee on Commerce, Science, were ordered to be printed in the sional Delegation; and be it further and Transportation. RECORD, as follows: ‘‘Resolved, That this resolution becomes ef- S. 1046 fective upon passage and approval.’’ JONES ACT WAIVERS LEGISLATION Be it enacted by the Senate and House of Rep- Mr. STEVENS. Mr. President, today resentatives of the United States of America in f I am introducing two bills to authorize Congress assembled, That notwithstanding REPORTS OF COMMITTEES the Secretary of Transportation to section 12106, 12107, and 12108 of title 46, The following reports of committees issue certificates of documentation for United States Code, and section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. were submitted: certain vessels. HOVERCRAFT 883), as applicable on the date of enactment By Mr. HATFIELD, from the Committee The first bill would authorize the of this Act, the Secretary of Transportation on Appropriations: may issue certificates of documentation Special Report entitled ‘‘Allocation to issuance of certificates of documenta- with appropriate endorsements for employ- Subcommittees of Budget Totals from the tion with appropriate endorsements for ment in the coastwise trade of the United Concurrent Resolution for Fiscal Year 1996’’ employment in the coastwise trade of States for the fourteen former U.S. Army (Rept. No. 104–115). the United States for 14 hovercraft for- hovercraft with serial numbers LACV–30–04, f merly owned by the U.S. Army. LACV–30–05, LACV–30–07, LACV–30–09, By Mr. MACK, from the Committee on Ap- These hovercraft were built for the LACV–30–10, LACV–30–13, LACV–30–14, propriations, with amendments: U.S. Army by Bell Aerospace Co. in LACV–30–15, LACV–30–16, LACV–30–22, H.R. 1854. A bill making appropriations for Buffalo, NY, between 1982 and 1986. LACV–30–23, LACV–30–24, LACV–30–25, and LACV–30–26. the Legislative Branch for the fiscal year The vessels are 76 feet in length and ending September 30, 1996, and for other pur- poses (Rept. No. 104–114). capable of hauling 30 tons of cargo S. 1047 each. f Be it enacted by the Senate and House of Rep- After being declared surplus by the resentatives of the United States of America in INTRODUCTION OF BILLS AND U.S. Army in 1994, the hovercraft were Congress assembled, That notwithstanding JOINT RESOLUTIONS acquired by Champion Constructors, section 27 of the Merchant Marine Act, 1920 The following bills and joint resolu- Inc., a subsidiary of Cook Inlet Region, (46 U.S.C. App. 883), the Act of June 19, 1886 (46 U.S.C. App. 289), section 12106 of title 46, tions were introduced, read the first Inc., of Anchorage, AK. The hovercraft are intended to be United States Code, section 506 of the Mer- and second time by unanimous con- chant Marine Act, 1936 (46 U.S.C. App. 1156), sent, and referred as indicated: used for transporting cargo and pas- and any agreement with the United States By Mr. STEVENS: sengers between points in Alaska. Government, the Secretary of Transpor- S. 1046. A bill to authorize the Secretary of It is my understanding that most of tation may issue certificates of documenta- Transportation to issue certificates of docu- the major components of the hover- tion with a coastwise endorsement for the

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10244 CONGRESSIONAL RECORD — SENATE July 18, 1995 vessels ENCHANTED ISLES (Panamanian detailed data on soil conditions, topog- Also authorized are the New Millen- official number 14087–84B) and ENCHANTED raphy, crops, and other information nium initiative to develop new micro- SEAS (Panamanian official number 14064– critical to the farming and ranching miniature technologies aimed at reduc- 84D), except that the vessels may not operate community. I also take great pride in ing the cost and development times for between or among islands in the State of Ha- the selection of the EROS Data Center waii. satellites and two infrared astronomy in Sioux Falls, SD as one of the re- programs—the Stratospheric Observ- By Mr. PRESSLER (for himself gional data centers that will collect atory for Infrared Astronomy and the and Mr. BURNS): and distribute this satellite data. Space Infrared Telescope Facility. The S. 1048 A bill to authorize appropria- I am very concerned that, under the bill also authorizes a new Radar Sat- tions for fiscal year 1996 to the Na- new budget constraints in which we ellite Program we call ‘‘TopSat,’’ and a tional Aeronautics and Space Adminis- find ourselves, some may seek to sac- third shuttle flight for the Shuttle Im- tration for human space flight; science, rifice Mission to Planet Earth, and aging Radar-C satellite. Because radar aeronautics, and technology; mission space science in general, to fund Space satellites have the ability to ‘‘see’’ support; and inspector general; and for Station. that would be a disservice to through cloud cover, they will dramati- other purposes; to the Committee on the Nation and I will oppose any such cally enhance the capability of the Na- Commerce, Science, and Transpor- move strongly. tion’s existing optical-based satellite I am pleased with the direction of the tation. systems such as Landsat. With Japan baseline plan for the Mission to Planet THE NASA AUTHORIZATION ACT FOR FISCAL and Europe already operating radar Earth Program and am concerned YEAR 1996 satellite systems, and with Canada about the possibility of NASA taking Mr. PRESSLER. Mr. President, poised to deploy one later this year, any imprudent and unnecessary efforts today I introduced the NASA Author- the United States cannot afford to be to restructure the program. Accord- ization Act for Fiscal Year 1996. NASA left behind in this critical technology. ingly, the bill specifically prohibits faces two challenges. The first is main- NASA from changing the program un- In my role as chairman of the Senate taining America’s leadership in aero- less, 60 days before such action, NASA Committee on Commerce, Science, and nautics and space. The second is ac- has reported to Congress on the nature Transportation, it has become appar- complishing the leadership goal within and overall impact of the planned ent to me that small-city, rural States the confines of a balanced Federal changes. like my home State of South Dakota budget. This authorization is intended The bill also provides the full $2.1 bil- are often forgotten in our vast $70 bil- to allow NASA to meet both of these lion requested funding for space sta- lion Federal science and technology en- challenges. tion. However, this authorization terprise. That part of America wants to NASA started out this year with a should not be interpreted as a ringing be part of the technological revolution. plan to cut $5 billion over 5 years from endorsement of that program. I am a More important, it wants to con- its budget. Then, the Senate and House longstanding supporter of the program, tribute. developed budget plans which require but, in recent years, I have become It is in the national interest to even deeper cuts. As a result, our bill concerned that it has become too ex- strengthen the scientific talent, re- authorizes a total of $13.8 billion for pensive, too complex, and too depend- sources, and infrastructure in our rural NASA in fiscal year 1996, a 3-percent ent on the contributions of Russia, the States through appropriate research, decrease from the current funding level latest station partner. education, and outreach activities. The of $14.26 billion. In a June 1995 report, the General Ac- bill attempts to accomplish this in sev- Despite the funding cut, the bill man- counting Office [GAO] estimated that eral ways. It increases funding for the ages to support a diverse and forward- the total cost of the design, launch, Experimental Program to Stimulate looking space program. It authorizes and operation of the space station will Competitive Research Program all of NASA’s major current programs be $94 billion. That is almost seven [EPSCoR] from its current level of $4.9 such as Mission to Planet Earth, Space times the entire annual budget for million to $6.9 million. NASA’s Station, Space Science, and Aero- NASA. Given the history of past mis- EPSCoR Program, as well as similar nautics and, in almost all cases, at sions, it is fair to assume that $94 bil- programs in six other science agencies, their requested funding levels. At the lion price tag for the program will in- have been instrumental in providing same time, it prepares NASA for the crease over time. If that happens, we Federal funding for academic research future by authorizing a number of new may wake up to find the enormous in rural States. Our bill also funds a starts including the new Reusable space station budget has crowded out Rural Teacher Resource Center, a Launch Vehicle Technology Develop- every other NASA program and that Rural Technology Transfer and Com- ment Program aimed at providing pri- space station has become NASA’s only mercialization Center, and a regional vate industry the technology to even- mission. Because of my reservations science education and outreach center tually build a Shuttle replacement, and about space station, I may well recon- for the Plains States region. a new radar satellite program to de- sider my support in the future. velop and make use of the latest ad- The bill also supports several new Mr. President, I believe NASA is up vances in satellite remote sensing starts at NASA to extend its vision to the challenge of keeping America technology. into the next century. The bill author- preeminent in aeronautics and space Mr. President, I would now like to izes a reusable launch vehicle program, despite the intense budget pressure and make special mention of certain por- which will support the X–33 and X–34 despite the increasing competition tions of the bill. activities to pave the way for the later from other spacefaring nations. It is I believe Mission to Planet Earth development by private enterprise of a my belief this authorization bill pro- may be NASA’s most important and replacement for the shuttle in the next vides NASA with the support it needs relevant program. The satellite data decade. to meet that challenge. from Mission to Planet Earth will de- Employing 1970’s technologies and liver direct benefits to the taxpayer in costing $400 million per flight, the f contrast to the speculative spinoffs shuttle may have outlived its useful- promised by other space activities. For ness. However, within today’s budget ADDITIONAL COSPONSORS this reason, the bill fully funds this ac- constraints, the Government cannot af- tivity at the requested level of $1.36 bil- ford to foot the entire bill for a new S. 295 lion. multibillion spacecraft development At the request of Mrs. KASSEBAUM, Using the latest satellite technology, program. That is why the reusable the name of the Senator from Arizona Mission to Planet Earth will help re- launch vehicle program, with its em- [Mr. MCCAIN] was added as a cosponsor searchers understand and predict the phasis on sharing financing with indus- of S. 295, a bill to permit labor manage- global climate trends that affect our try and its goal of moving our national ment cooperative efforts that improve lives. As a Senator representing an ag- space transportation system toward America’s economic competitiveness to ricultural State, I have a keen interest privatization, seems a viable concept continue to thrive, and for other pur- in this program’s potential to provide worth pursuing. poses.

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At the request of Mr. SARBANES, the prison construction grants to imple- The Congress finds that— (1) the likelihood that a proposed business name of the Senator from Michigan ment requirements for inmates to per- site will comply with many government reg- [Mr. LEVIN] was added as a cosponsor of form work and engage in educational ulations is inversely related to the length of S. 426, a bill to authorize the Alpha Phi activities, and for other purposes. time over which a site has been utilized for Alpha Fraternity to establish a memo- S. 989 commercial and/or industrial purposes in the rial to Martin Luther King, Jr., in the At the request of Mrs. KASSEBAUM, past, thus rendering older sites in urban District of Columbia, and for other pur- the name of the Senator from Wyoming areas the sites most unlikely to be chosen poses. for new development and thereby forcing [Mr. THOMAS] was added as a cosponsor new development away from the areas most S. 530 of S. 989, a bill to limit funding of an in need of economic growth and job creation; At the request of Mr. GREGG, the Executive order that would prohibit and name of the Senator from Montana Federal contractors from hiring perma- (2) broad Federal regulations often have [Mr. BAUCUS] was added as a cosponsor nent replacements for lawfully striking unintended social and economic con- of S. 530, a bill to amend the Fair employees, and for other purposes. sequences in urban areas where such regula- tions, among other things— Labor Standards Act of 1938 to permit SENATE RESOLUTION 103 (A) offend basic notions of common sense, State and local government workers to At the request of Mr. DOMENICI, the particularly when applied to individual sites; perform volunteer services for their name of the Senator from Louisiana (B) adversely impact economic stability; (C) result in the unnecessary loss of exist- employer without requiring the em- [Mr. JOHNSTON] was added as a cospon- ployer to pay overtime compensation, ing jobs and businesses; sor of Senate Resolution 103, a resolu- (D) undermine new economic development, and for other purposes. tion to proclaim the week of October 15 especially in previously used sites; S. 603 through October 21, 1995, as National (E) create undue economic hardships while At the request of Mr. FAIRCLOTH, the Character Counts Week, and for other failing significantly to protect human name of the Senator from Washington purposes. health, particularly in areas where economic development is urgently needed in order to [Mr. GORTON] was added as a cosponsor SENATE RESOLUTION 146 improve the health and welfare of residents of S. 603, a bill to nullify an Executive At the request of Mr. JOHNSTON, the over the long term; and order that prohibits Federal contracts name of the Senator from New Mexico (F) contribute to social deterioration to a with companies that hire permanent [Mr. DOMENICI] was added as a cospon- such degree that high unemployment, crime, replacements for striking employees, sor of Senate Resolution 146, a resolu- and other economic and social problems cre- and for other purposes. ate the greatest risk to the health and well- tion designating the week beginning being of urban residents. S. 628 November 19, 1995, and the week begin- SEC. 203. PURPOSES. At the request of Mr. KYL, the name ning on November 24, 1996, as ‘‘National The purposes of this title are to— of the Senator from Minnesota [Mr. Family Week,’’ and for other purposes. (1) enable qualifying cites to provide for GRAMS] was added as a cosponsor of S. SENATE RESOLUTION 149 the general well-being, ealth, safety and se- 628, a bill to repeal the Federal estate curity for their residents living in distressed At the request of Mr. AKAKA, the areas by empowering such cities to obtain and gift taxes and the tax on genera- name of the Senator from Vermont tion-skipping transfers. selective relief from Federal regulations that [Mr. JEFFORDS] was added as a cospon- undermine economic stability and develop- S. 770 sor of Senate Resolution 149, a resolu- ment in distressed areas within the city; and At the request of Mr. DOLE, the name tion expressing the sense of the Senate (2) authorize Federal agencies to waive the of the Senator from Alaska [Mr. MUR- regarding the recent announcement by application of specific Federal regulations in KOWSKI] was added as a cosponsor of S. the Republic of France that it intends distressed urban areas designated as Urban 770, a bill to provide for the relocation Regulatory Relief Zones by an Economic De- to conduct a series of underground nu- velopment Commission— of the United States Embassy in Israel clear test explosions despite the cur- (A) upon application through the Office of to Jerusalem, and for other purposes. rent international moratorium on nu- Management and Budget by an Economic De- S. 772 clear testing. velopment Commission established by a qualifying city pursuant to section 205; and At the request of Mr. DORGAN, the AMENDMENT NO. 1530 (B) upon a determination by the appro- name of the Senator from Vermont At the request of Mr. CAMPBELL the priate Federal agency that granting such a [Mr. JEFFORDS] was added as a cospon- names of the Senator from Kentucky waiver will not substantially endanger sor of S. 772, a bill to provide for an as- [Mr. FORD] and the Senator from North health or safety. sessment of the violence broadcast on Carolina [Mr. FAIRCLOTH] were added SEC. 204. ELIGIBILITY FOR WAIVERS. television, and for other purposes. as cosponsors of amendment No. 1530 (a) ELIGIBLE CITIES.—The mayor or chief S. 773 intended to be proposed to S. 343, a bill executive officer of a city may establish an to reform the regulatory process, and Economic Development Commission to carry At the request of Mrs. KASSEBAUM, out the purposes of section 205 if the city has the names of the Senator from Arkan- for other purposes. a population greater than 200,000 according sas [Mr. BUMPERS], the Senator from f to: Florida [Mr. MACK], the Senator from (1) the U.S. Census Bureau’s 1992 estimate AMENDMENTS SUBMITTED Missouri [Mr. ASHCROFT], and the Sen- for city populations; or (2) beginning six months after the enact- ator from Mississippi [Mr. COCHRAN] ment of this title, the U.S. Census Bureau’s were added as cosponsors of S. 773, a THE COMPREHENSIVE REGU- latest estimate for city populations. bill to amend the Federal Food, Drug, LATORY REFORM ACT OF 1995 (b) DISTRESSED AREA.—Any census tract and Cosmetic Act to provide for im- within a city shall qualify as distressed area provements in the process of approving if— and using animal drugs, and for other HUTCHISON (AND ASHCROFT) (1) 33 percent or more of the resident popu- purposes. AMENDMENT NO. 1789 lation in the census tract is below the pov- erty line; or S. 877 Mrs. HUTCHISON (for herself and (2) 45 percent or more of out-of-school At the request of Mrs. HUTCHISON, the Mr. ASHCROFT) proposed an amendment males aged 16 and over in the census tract name of the Senator from Arizona [Mr. to amendment No. 1786 proposed by Mr. worked less than 26 weeks in the preceding year; or KYL] was added as a cosponsor of S. 877, ASHCROFT to the bill (S. 343) to reform a bill to amend section 353 of the Pub- (3) 36 percent or more families with chil- the regulatory process, and for other dren under age 18 in the census tract have an lic Health Service Act to exempt physi- purposes; as follows: unmarried parent as head of the household; cian office laboratories from the clin- In lieu of the matter proposed to be added, or ical laboratories requirements of that add the following: (4) 17 percent or more of the resident fami- lies in the census tract received public as- section. ‘‘TITLE II—URBAN REGULATORY RELIEF sistance income in the preceding year. S. 930 ZONES SEC. 205. ECONOMIC DEVELOPMENT COMMIS- At the request of Mr. SHELBY, the SECTION 201. SHORT TITLE. SIONS. name of the Senator from Arizona [Mr. This Act may be cited as the ‘‘Urban Regu- (a) PURPOSE.—The mayor or chief execu- MCCAIN] was added as a cosponsor of S. latory Relief Zone Act of 1995’’. tive officer of a qualifying city under section

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204 may appoint an Economic Development Urban Regulatory Relief Zone and the data (j) EXPIRATION OF WAIVERS.—No waiver of a Commission for the purpose of— supporting such determination. regulation under this section shall expire un- (1) designating distressed areas, or a com- (c) REVIEW OF WAIVER REQUEST.—No later less the Federal agency determines that a bination of distressed areas with one another than 60 days after receiving the request for continuation of the waiver substantially en- or with adjacent industrial or commercial waiver, the Office of Management and Budg- dangers health or safety. areas, within the city as Urban Regulatory et shall— SEC. 208. DEFINITIONS. Relief Zones; and (1) review the request for waiver; For purposes of this Act, the term— (2) determine whether the request for waiv- (2) making application through the Office (1) ‘‘regulation’’ means— er is complete and in compliance with this of Management and Budget to waive the ap- (A) any rule as defined under section 551(4) title, using the most recent census data plication of specific Federal regulations of title 5, United States Code; or available at the time each applicant is sub- within such Urban Regulatory Relief Zones. (B) any rulemaking conducted on the mitted; and (b) COMPOSITION.—To the greatest extent record after opportunity for an agency hear- practicable, an Economic Development Com- (3) after making a determination under paragraph (2)— ing under sections 556 and 557 of such title; mission shall include— (2) ‘‘Urban Regulatory Relief Zone’’ means (1) residents representing a demographic (A) submit the request for waiver to the an area designated under section 205; cross section of the city population; and Federal agency that promulgated the regula- (3) ‘‘qualifying city’’ means a city which is (2) members of the business community, tion and notify the requesting Economic De- eligible to establish an Economic Develop- private civic organizations, employers, em- velopment Commission of the date on which ment Commission under section 204; ployees, elected officials, and State and local the request was submitted to such agency; or (4) ‘‘industrial or commercial area’’ means regulatory authorities. (B) notify the requesting Economic Devel- any part of a census tract zoned for indus- (c) LIMITATION.—No more than one Eco- opment Commission that the request is not trial or commercial use which is adjacent to nomic Development Commission shall be es- in compliance with this Act with an expla- a census tract which is a distressed area pur- tablished or designated within a qualifying nation of the basis for such determination. suant to section 205(b); and city. (d) MODIFICATION OF WAIVER REQUESTS.— An Economic Development Commission may (5) ‘‘poverty line’’ has the same meaning as SEC. 206. LOCAL PARTICIPATION. submit modifications to a waiver request. such term is defined under section 673(2) of (a) PUBLIC HEARINGS.—Before designating The provisions of subsection (c) shall apply the Community Services Block Grant Act (42 an area as an Urban Regulatory Relief Zone, to a modified waiver as of the date such U.S.C. 9902(2)). an Economic Development Commission es- modification is received by the Office of tablished pursuant to section 205 shall hold a SEC. 209. EFFECTIVE DATE. Management and Budget. public hearing, after giving adequate public The provisions of this title shall become (e) WAIVER DETERMINATION.—(1) No later notice, for the purpose of soliciting the opin- effective one day after the date of enact- than 120 days after receiving a request for ions and suggestions of those persons who ment.’’. waiver under subsection (c) from the Office will be affected by such designation. of Management and Budget, a Federal agen- (b) INDIVIDUAL REQUESTS.—The Economic cy shall— GLENN AMENDMENT NO. 1790 Development Commission shall establish a (A) make a determination of whether to process by which individuals may submit re- (Ordered to lie on the table.) waiver a regulation in whole or in part; and Mr. GLENN submitted an amend- quests to the Economic Development Com- (B) provide written notice to the request- mission to include specific Federal regula- ing Economic Development Commission of ment intended to be proposed by him tions in the Commission’s application to the such determination. to amendment No. 1487 proposed by Mr. Office of Management and Budget seeking (2) Subject to subsection (g), a Federal DOLE to the bill S. 343, supra; as fol- waivers of Federal regulations. agency shall deny a request for a waiver only lows: (c) AVAILABILITY OF COMMISSION DECI- if the waiver substantially endangers health On page 59, delete entire section 634, ‘‘peti- SIONS.—After holding a hearing under para- or safety. tion for review of a major freestanding risk graph (a) and before submitting any waiver (3) If a Federal agency grants a waiver applications to the Office of Management assessment’’. under this subsection, the agency shall pro- Insert in lieu thereof: and Budget pursuant to section 207, the Eco- vide a written statement to the requesting nomic Development Commission shall make Economic Development Commission that— SEC. 634. PLAN FOR THE REVIEW OF RISK AS- SESSMENTS. publicly available— (A) describes the extent of the waiver in (1) a list of all areas within the city to be whole or in part; and (a) No later than 18 months after the effec- designated as Urban Regulatory Relief (B) explains the application of the waiver, tive date of this section, the head of each Zones, if any; including guidance for the use of the waiver covered agency shall publish, after notice (2) a list of all regulations for which the by business concerns, within the Urban Reg- and public comment, a plan to review and re- Economic Development Commission will re- ulatory Relief Zone. vise any risk assessment published before quest a waiver from a Federal agency; and (4) If a Federal agency denies a waiver the expiration of such 18-month period if the (3) the basis for the city’s findings that the under this subsection, the agency shall pro- covered agency determines that significant waiver of a regulation would improve the vide a written statement to the requesting new information or methodologies are avail- health and safety and economic well-being of Economic Development Commission that— able that could significantly alter the results the city’s residents and the data supporting (A) explains the reasons that the waiver of the prior risk assessment. such a determination. substantially endangers health or safety; and (b) A plan under subsection (a) shall— SEC. 207. WAIVER OF FEDERAL REGULATIONS. (B) provides a scientific basis in writing for (1) provide procedures for receiving and (a) SELECTION OF REGULATIONS.—An Eco- such determination. considering new information and risk assess- nomic Development Commission may select (f) AUTOMATIC WAIVER.—If a Federal agen- ments from the public; and for waiver, within an Urban Regulatory Re- cy does not provide the written notice re- (2) set priorities and criteria for review and lief Zone, Federal regulations that— quired under subsection (e) within the 120- revision of risk assessments based on such (1)(A) are unduly burdensome to business day period as required under such sub- factors as the agency head considers appro- concerns located within an area designated section, the waiver shall be deemed to be priate. as an Urban Regulatory Relief Zone; or granted by the Federal agency. (3) provide a schedule for the review of risk (B) discourages new economic development (g) LIMITATION.—No provision of this Act assessments. This schedule shall be revised within the zone; or shall be construed to authorize any Federal as appropriate based on new information re- (C) creates undue economic hardships in agency to waive any regulation or Executive ceived under (b)(1) and reviewed under cri- the zone; or order that prohibits, or the purpose of which teria developed in accordance with para- (D) contributes to the social deterioration is to protect persons against, discrimination graph (b)(2). of the zone; and on the basis of race, color, religion, gender, (c) The head of each covered agency shall (2) if waived, will not substantially endan- or national origin. review risk assessments according to the ger health or safety. (h) APPLICABLE PROCEDURES.—A waiver of schedule published by the agency under para- (b) REQUEST FOR WAIVER.—(1) An Economic a regulation under subsection (e) shall not be graph (a). Development Commission shall submit a re- considered to be a rule, rulemaking, or regu- lation under chapter 5 of title 5, United quest for the waiver of Federal regulations GLENN (AND LEVIN) AMENDMENT to the Office of Management and Budget. States Code. The Federal agency shall pub- (2) Such request shall— lish a notice in the Federal Register stating NO. 1791 (A) identify the area designated as an any waiver of a regulation under this sec- (Ordered to lie on the table.) Urban Regulatory Relief Zone by the Eco- tion. Mr. GLENN (for himself and Mr. (i) EFFECT OF SUBSEQUENT ADMINISTRATION nomic Development Commission; LEVIN) submitted an amendment in- (B) identify all regulations for which the OF REGULATIONS.—If a Federal agency Economic Development Commission seeks a amends a regulation for which a waiver tended to be proposed by them to waiver; and under this section is in effect, the agency amendment No. 1487 proposed by Mr. (C) explain the reasons that waiver of the shall not change the waiver to impose addi- DOLE to the bill S. 343, supra; as fol- regulations would economically benefit the tional requirements. lows:

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10247 On page 25, line 23, through page 35, line 8, ‘‘(B) include a list of rules which may be ‘‘(h)(1) The final determination of an agen- strike text and insert in lieu thereof the fol- subject to subsection (e)(3) during the year cy to continue a rule under subsection lowing: for which the budget proposal is made. (e)(1)(C) shall be considered final agency ac- ‘‘§ 623. Agency regulatory review ‘‘(2) Amendments to the schedule under tion. subsection (b) to place a rule on the schedule ‘‘(2) Failure to promulgate an amended ‘‘(a)(1) Not late than 1 year after the date for review or change a deadline for review of major rule or to make other decisions re- of the enactment of this section, and every 5 a rule may be included in annual appropria- quired by subsection (g) by the date estab- years thereafter, the head of each agency tions Act for the relevant agencies. An au- lished under such subsection shall be subject shall publish in the Federal Register a notice thorizing committee with jurisdiction may to judicial review pursuant to section 706(1) of proposed rulemaking under section 553 recommend, to the House of Representatives of this title. that contains a preliminary schedule of rules or Senate appropriations committee as the selected for review under this section by the case may be), such amendments. The appro- head of the agency and in the sole discretion ROTH AMENDMENTS NOS. 1792–1794 priations committee to which such amend- of the heard of the agency, and request pub- ments have been submitted may include the (Ordered to lie on the table.) lic comment thereon, including suggestions amendments in the annual appropriations Mr. ROTH submitted three amend- for additional rules warranting review. The Act for the relevant agency. Each agency agency shall allow at least 180 days for pub- ments intended to be proposed by him shall modify its schedule under subsection lic comment. to amendment No. 1487 proposed by Mr. (b) to reflect such amendments that are en- ‘‘(2) The preliminary schedule under this DOLE to the bill S. 343, supra; as fol- acted into law. subsection shall propose deadlines for review lows: ‘‘(e)(1) For each rule on the schedule under of each rule listed thereon, and such dead- subsection (b), the agency shall— AMENDMENT NO. 1792 lines shall occur not later than 11 years from ‘‘(A) not later than 2 years before the dead- On page 35, line 23, strike all down through the date of publication of the preliminary line in such schedule, publish in the Federal page 38, line 5, and insert in lieu thereof the schedule. Register a notice that solicits public com- following: ‘‘(3) In selecting rules and establishing ment regarding whether the rule should be ‘‘(3) the rule adopts the most cost-effective deadlines for the preliminary schedule, the continued, amended, or repealed; alternative of the reasonable alternatives head of the agency shall consider the extent ‘‘(B) not later than 1 year before the dead- that achieve the objectives of the statute. to which, in the judgment of the head of the line in such schedule, publish in the Federal ‘‘(c) ALTERNATIVE REQUIREMENTS.—If, ap- agency— Register a notice that— plying the statutory requirements upon ‘‘(A) a rule is unnecessary, and the agency ‘‘(i) addresses public comments generated which the rule is based, a rule cannot satisfy has discretion under the statute authorizing by the notice in subparagraph (A); the criteria of subsection (b), the agency the rule to repeal the rule; ‘‘(ii) contains a preliminary analysis pro- head may promulgate the rule if the agency ‘‘(B) the benefits of the rule do not justify vided by the agency of whether the rule is a head finds that— its costs or the rule does not achieve the major rule, and if so, whether the benefits of ‘‘(1) the rule employs to the extent prac- rulemaking objectives in a cost-effective the rule justify its costs; ticable flexible reasonable alternatives of manner; ‘‘(iii) contains a preliminary determina- the type described in section 622(c)(2)(C)(iii); ‘‘(C) a rule could be revised in a manner al- tion as to whether the rule should be contin- and lowed by the statute authorizing the rule so ued, amended, or repealed; and ‘‘(2) the rule adopts the most cost-effective as to— ‘‘(iv) solicits public comment on the pre- alternative of the reasonable alternatives ‘‘(i) substantially decrease costs; liminary determination for the rule; and that achieve the objectives of the statute.’’ ‘‘(ii) substantially increase benefits; or ‘‘(C) not later than 60 days before the dead- ‘‘(iii) provide greater flexibility for regu- line in such schedule, publish in the Federal AMENDMENT NO. 1793 lated entities, through mechanisms includ- Register a final notice on the rule that— ing, but not limited to, those listed in sec- ‘‘(i) addresses public comments generated On page 35, line 23, strike all down through tion 622(c)(2)(C)(iii); by the notice in subparagraph (B); and page 38, line 5, and insert in lieu thereof the ‘‘(D) the importance of each rule relative ‘‘(ii) contains a final determination of following: to other rules being reviewed under this sec- whether to continue, amend, or repeal the ‘‘(3) the rule adopts the alternative with tion; or rule; greater net benefits than the other reason- ‘‘(E) the resources expected to be available ‘‘(iii) if the agency determines to continue able alternatives that achieve the objectives to the agency to carry out the reviews under the rule and the rule is a major rule, de- of the statute. this section. scribes a final analysis as to whether the ‘‘(c) ALTERNATIVE REQUIREMENTS.—If, ap- ‘‘(b)(1) Not later than 1 year after publica- benefits of the rule justify its costs; and plying the statutory requirements upon tion of a preliminary schedule under sub- ‘‘(iv) if the agency determines to amend or which the rule is based, a rule cannot satisfy section (a), the head of each agency shall repeal the rule, contains a notice of proposed the criteria of subsection (b), the agency publish a final rule that establishes a sched- rulemaking under section 553. head may promulgate the rule if the agency ule of rules to be reviewed by the agency ‘‘(2) If the final determination of the agen- head finds that— under this section. cy is to continue the rule, that determina- ‘‘(1) the rule employs to the extent prac- ‘‘(2) The schedule shall establish a deadline tion shall take effect 60 days after the publi- ticable flexible reasonable alternatives of for completion of the review of each rule cation in the Federal Register of the notice the type described in section 622(c)(2)(C)(iii); listed on the schedule, taking into account in paragraph (1)(C). and the criteria in subsection (a)(3) and com- ‘‘(3) If the final determination of the agen- ‘‘(2) the rule adopts the alternative with ments received in the rulemaking under sub- cy is to continue the rule, and the agency the least net cost of the reasonable alter- section (a). Each such deadline shall occur has concluded that the benefits do not jus- natives that achieve the objectives of the not later than 11 years from the date of pub- tify the costs, the agency shall transmit to statute.’’ lication of the preliminary schedule. the appropriate committees of Congress the ‘‘(3) The head of the agency shall modify cost-benefit analysis and a statement of the AMENDMENT NO. 1794 the agency’s schedule under this section to agency’s reasons for continuing the rule. On page 56, delete lines 17–21 and insert in reflect any change contained in an appro- ‘‘(f) If an agency makes a determination to lieu thereof the following: priations Act under subsection (d). amend or repeal a major rule under sub- ‘‘(2) The head of an agency shall place the ‘‘(c)(1) Notwithstanding section 623 and ex- section (e)(1)(C)(ii), the agency shall com- nature and magnitude of risks to human cept as provided otherwise in this sub- plete final agency action with regard to such health, safety, and the environment being section, judicial review of agency action rule not later than 2 years of the date of pub- analyzed in context, including appropriate taken pursuant to the requirements of this lication of the notice in subsection (e)(1)(C) comparisons with other risks that are famil- section shall be limited to review of compli- containing such determination. Nothing in iar to, and routinely encountered by, the ance or noncompliance with the require- this subsection shall limit the discretion of general public.’’ ments of this section. an agency to decide, after having proposed to ‘‘(2) Agency decisions to place, or decline modify a major rule, not to promulgate such SHELBY (AND OTHERS) to place, a rule on the schedule, and the modification. Such decision shall constitute deadlines for completion of a rule, shall not final agency action for the purposes of judi- AMENDMENT NO. 1795 be subject to judicial review. cial review. (Ordered to lie on the table.) ‘‘(d)(1) The President’s annual budget pro- ‘‘(g) If an agency has not completed review Mr. SHELBY (for himself, Mr. FRIST, posal submitted under section 1105(a) of title of the rule by the deadline established under Mrs. HUTCHISON, Mr. LOTT, Mr. HELMS, 31 for each agency subject to this section subsection (b), the agency shall immediately Mr. COCHRAN, and Mr. GRAMS) sub- shall— commence a rulemaking action pursuant to ‘‘(A) identify as a separate sum the amount section 553 of this title to repeal the rule and mitted an amendment intended to be requested to be appropriated for implemen- shall complete such rulemaking within 2 proposed by them to amendment No. tation of this section during the upcoming years of the deadline established under sub- 1487 proposed by Mr. DOLE to the bill S. fiscal year; and section (b). 343, supra; as follows: On page 96, insert between lines 20 and 21 the following new section:

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10248 CONGRESSIONAL RECORD — SENATE July 18, 1995 SEC. . SMALL BUSINESS REGULATORY BILL OF ‘‘(b) A small business shall not be entitled of accountability, enforceability, and public RIGHTS. to the benefit of a no-fault compliance audit and agency access to information at least to (a) SHORT TITLE.—This section may be program under section 597a(1) regarding a that of the rule. cited as the ‘‘Small Business Regulatory Bill particular enforcement issue for 60 days ‘‘(c) No later than the date on which the of Rights Act’’. after the business has had an agency-initi- petitioner submits the petition to the agen- (b) IN GENERAL.—Chapter 5 of title 5, ated contact regarding such issue. cy, the petitioner shall in form the public of United States Code, is amended by adding at ‘‘(c) This subchapter shall not apply to any the submission of such petition (including a the end the following new subchapter: rule or regulation described under section brief description of the petition) through ‘‘SUBCHAPTER VI—SMALL BUSINESS 621(9)(B)(i).’’. publication of a notice in newspapers of gen- REGULATORY BILL OF RIGHTS (c) TECHNICAL AMENDMENT.—The analysis eral circulation in the area in which the fa- ‘‘§ 597. Definition for chapter 5 of title 5, United States Code, cility is located. The agency may authorize is amended by adding at the end the fol- or require petitioners to use additional or al- ‘‘For purposes of this subchapter, the term lowing: ternative means of informing the public of ‘small business’ has the same meaning given the submission of such petitions. If the agen- such term in section 601(3). ‘‘SUBCHAPTER VI—SMALL BUSINESS REGULATORY BILL OF RIGHTS cy proposes to grant the petition, the agency ‘‘§ 597a. Rights of small businesses prior to ‘‘Sec. shall provide public notice and opportunity enforcement action ‘‘597. Definition. to comment. ‘‘(a) Except as provided in section 597c, ‘‘597a. Rights of small businesses prior to en- ‘‘(d) The agency may approve the petition each agency shall ensure that its regulatory forcement action. upon determining that the proposed alter- enforcement program includes— ‘‘597b. Rights after investigative or enforce- native compliance strategy— ‘‘(1) considering all the significant applica- ‘‘(1) implementation of a no-fault compli- ment action. ance audit program; ‘‘597c. Exceptions and limitation.’’. ble human health, safety, and environmental ‘‘(2) a publicized, coherent compliance as- benefits intended to be achieved by the rule, (d) RESPONSIBILITIES OF THE DIRECTOR OF sistance program available to regulated from the standpoint of the applicable human THE OFFICE OF MANAGEMENT AND BUDGET.— small businesses under the agency’s jurisdic- health, safety, and environmental benefits, (1) COORDINATION.—The Director of the Of- tion that provides technical and other com- taking into account all cross-media impacts, fice of Management and Budget shall coordi- pliance related assistance to small busi- will achieve— nate the implementation of this section and nesses upon request of a small business; ‘‘(A) a significantly better result than establish a schedule for bringing all affected ‘‘(3) a method to enforce regulations in a would be achieved through compliance with agencies into full compliance by the effec- uniform, consistent, and nonarbitrary man- the rule; or tive date of this section. Agencies may be ner nationwide; ‘‘(B) an equivalent result at significantly brought into partial compliance before such ‘‘(4) an abatement period of not less than lower compliance costs than would be date. 60 days to allow the small business to correct achieved through compliance with the rule; (2) REPORT.—The Director of the Office of ‘‘(2) will provide a degree of account- any violations discovered during an agency Management and Budget shall submit an an- ability, enforceability, and public and agen- inspection before a penalty is assessed; and nual report to Congress on the progress of cy access to information at least equal to ‘‘(5) a grace period of not less than 180 days the agencies in complying with this section that provided by the rule; to allow the small business to correct any and the amendments made by this section. ‘‘(3) will not impose an undue burden on violation discovered through participation in (e) EFFECTIVE DATE.—This section shall the agency that would be responsible for ad- the programs created under paragraph (1) or take effect on the earlier of the date des- ministering and enforcing such alternative (2). ignated by the President or January 1, 1998. compliance strategy; and ‘‘(b) No penalties or enforcement actions ‘‘(4) satisfies any other relevant factors. will be assessed or taken if such violations ‘‘(e) Where relevant, the agency shall give are corrected during the grace period de- LIEBERMAN AMENDMENT NO. 1796 priority to petitions with alternative com- scribed under subsection (a)(5), so long as the (Ordered to lie on the table.) pliance strategies using pollution prevention business has not engaged in a pattern of Mr. LIEBERMAN submitted an approaches. international misconduct. Additional pen- amendment intended to be proposed by ‘‘(f) In making determinations under sub- alties may be assessed on businesses engag- section (d), the agency shall take into ac- ing in a pattern of intentional misconduct, him to amendment No. 1573 submitted count whether the proposed alternative com- not to exceed one and one half times the by Mr. BOND to the bill S. 343, supra; as pliance strategy would transfer any signifi- original penalty. follows: cant health, safety, or environmental effects ‘‘§ 597b. Rights after investigative or enforce- In lieu of the matter proposed to be in- to other geographic locations, future genera- ment action serted, insert the following: tions, or classes of people. ‘‘(g) Any alternative compliance strategy ‘‘Except as provided in section 597c, each ‘‘Petition for alternative method of compli- for which a petition is granted under this small business that has been found in viola- ance tion of a regulation and was subject to an en- section shall be enforceable as if it were a ‘‘(a) Except as provided in subsection (j) or provision of the rule being modified or forcement action or penalty shall have the unless prohibited by the statute authorizing right— waived. a rule, any person subject to a rule may peti- ‘‘(h) The grant of a petition under this sec- ‘‘(1) to be free from inspections for 180 days tion the relevant agency implementing the tion shall be judicially reviewable as if it after the date on which the small business rule to modify or waive the specific require- were the issuance of an amendment to the obtains certification from the agency that ments of a rule and to authorize an alter- rule being modified or waived. The denial of the small business is in compliance with the native compliance strategy satisfying the a petition shall not be subject to judicial re- regulation; criteria of subsection (b). ‘‘(2) to have ability to pay factored into view. ‘‘(b) Any petition submitted under sub- ‘‘(i) No agency may grant more than 30 pe- the assessment of penalties through flexible section (a) shall— titions per year under this section. payments plans with reduced installments ‘‘(1) identify with reasonable specificity ‘‘(j) If the statute authorizing the rule that that reflect the business’s long-term ability the requirements for which the modification is the subject of the petition provides proce- to pay (taking into account cash-flow and or waiver is sought and the alternative com- dures or standards for an alternative method long-term profitability); and pliance strategy being proposed; of compliance, the petition shall be reviewed ‘‘(3) to not have fines paid be used to fi- ‘‘(2) identify the facility to which the solely under the terms of the statute. nance the inspecting agency, but instead modification or waiver would pertain; credited to the General Treasury of the ‘‘(3) considering all the significant applica- United States, to be used for reduction of the BOND (AND ROBB) AMENDMENTS ble human health, safety, and environmental NOS. 1797–1798 Federal deficit. benefits intended to be achieved by the rule, ‘‘§ 597c. Exceptions and limitation demonstrate that the alternative compliance (Ordered to lie on the table.) ‘‘(a) A provision of this subchapter shall strategy, from the standpoint of the applica- Mr. BOND (for himself and Mr. ROBB) not apply if compliance with such provision ble human health, safety, and environmental submitted two amendments intended of this subchapter would— benefits, taking into account all cross-media to be proposed by them to amendment ‘‘(1) substantially delay responding to an impacts, will achieve— No. 1487 proposed by Mr. DOLE to the imminent danger to person or property; ‘‘(A) a significantly better result than bill S. 343, supra; as follows: ‘‘(2) substantially or unreasonably impede would be achieved through compliance with AMENDMENT NO. 1797 a criminal investigation; or the rule; or ‘‘(3) enable any small business to know- ‘‘(B) an equivalent result at significantly On page 44, line 14, strike everything after ingly disregard applicable regulations, ex- lower compliance costs than would be ‘‘section 629’’ through page 46, line 4, and in- cept a request for a no-fault compliance achieved through compliance with the rule; sert in lieu thereof the following: audit shall not constitute prima facie evi- and ‘‘Petition for alternative means of compliance dence of knowingly disregarding applicable ‘‘(4) demonstrate that the proposed alter- ‘‘(a) IN GENERAL.—Any person may peti- regulations. native compliance strategy provides a degree tion an agency to modify or waive one or

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10249 more rules or requirements applicable to one to the petitioner an enforceable agreement sonable likelihood that the alternative or more facilities owned or operated by such establishing alternative methods of compli- means of compliance— person. The agency is authorized to enter ance for the facility in lieu of the otherwise (1) would achieve an overall level of protec- into an enforceable agreement establishing applicable rules or requirements and identi- tion of health, safety and the environment at methods of compliance, not otherwise per- fying such rules and requirements. Not with- least substantially equivalent to or exceed- mitted by such rules or requirements, to be standing any other provision of law, such en- ing the level of protection provided by rules complied with in lieu of such rules or re- forceable agreement may modify or waive or requirements subject to the petition; quirements. The petition shall identify with the terms of any rule or requirement, includ- (2) would provide a degree of public access reasonable specificity, each facility for ing any standard, limitation, permit, order, to information, and of accountability and en- which an alternative means of compliance is regulations or other requirement issued by forceability, at least substantially equiva- sought, the rules and requirements for which the agency consistent with the requirements lent to the degree provided by the rules and a modification or waiver is sought and the of subsection (b) and (c), provided that the requirements subject to the petition; and proposed alternative means of compliance state in which the facility is located agrees (3) would not impose an undue burden on and means to verify compliance and for com- to any modification or waiver of a rule or re- the agency responsible for enforcing the munication with the public. Where a state quirement over which such state has dele- agreement entered into pursuant to sub- has delegated authority to operate a federal gated authority to operate a federal program section (f). program within the state, or is authorized to within the state, or is authorized to operate ‘‘(c) OTHER PROCEDURES.—If the statute au- operate a state program in lieu of an other- a state program in lieu of an otherwise appli- thorizing a rule subject to a petition under wise applicable federal program, the relevant cable federal program. If accepted by the pe- this section provides specific available proce- agency shall delegate, if the state so re- titioner, compliance with such agreement dures or standards allowing an alternative quests, its authority under its authority shall be deemed to be compliance with the means of compliance for such rule, such peti- under this section to the state. laws and rules identified in the agreement. tion shall be reviewed consistent with such ‘‘(b) STANDARDS.—The agency shall grant The agreement shall contain appropriate procedures or standards, unless the head of the petition if the state in which the facility mechanisms to assure compliance including the agency for good cause finds that review- is located agrees to any alternative means of money damages and injunctive relief, for ing the petition in solely accordance with compliance with respect to rules or require- violations of the agreement. The agreement subsection (b) is in the public interest. ‘‘(d) PUBLIC NOTICE AND INPUT.—No later ments over which such state has delegated may provide the state in which the facility is than the date on which the petitioner sub- authority to operate a federal program, or is located with rights equivalent to the agency mits the petition to the agency, the peti- authorized to operate a state program in lieu with respect to one or more provisions of the tioner shall inform the public of the submis- of an otherwise applicable federal program, agreement. sion of such petition (including a brief de- and the agency determines that the peti- ‘‘(g) NEPA NONAPPLICABILITY.—Approval of tioner has demonstrated that there is a rea- an alternative means of compliance under scription of the petition) through publica- sonable likelihood that the alternative this section by an agency shall not be con- tion of a notice in the newspapers of general means of compliance— sidered a major Federal action for purposes circulation in the area in which the facility (1) would achieve an overall level of protec- of the National Environmental Policy Act. or facilities are located. Agencies may au- tion of health, safety and the environment at ‘‘(h) JUDICIAL REVIEW.—A decision to grant thorize or require petitioners to use addi- least substantially equivalent to or exceed- or deny a petition, or to enter into an en- tional or alternative means of informing the ing the level of protection provided by the forceable agreement, under this section shall public of the submission of such petitions. If rules or requirements subject to the petition; be not be subject to judicial review. the agency proposes to grant the petition, (2) would provide a degree of public access ‘‘(i) SAVINGS CLAUSE.—A decision to grant the agency shall provide notice and oppor- to information, and of accountability and en- or deny a petition or enter into an enforce- tunity to comment on the petition and on forceability, at least substantially equiva- able agreement shall not create any obliga- any proposed enforceable agreement. lent to the degree provided by the rules and tion on an agency to modify and regulation. ‘‘(e) DEADLINE AND LIMITATION ON SUBSE- requirements subject to the petition; and Nothing in this section shall be construed to QUENT PETITIONS.—A decision to grant or (3) would not impose an undue burden on diminish the level of protection of public deny a petition under this subsection shall the agency responsible for enforcing the health, safety or the environmental required be made no later than 240 days after a com- agreement entered into pursuant to sub- by statute. plete petition is submitted. Following a deci- section (f). sion to deny a petition under this section, no ‘‘(c) OTHER PROCEDURES.—If the statute au- AMENDMENT NO. 1798 petition, submitted by the same person, may be granted unless it applies to a different fa- thorizing a rule subject to a petition under On page 1, line 5, strike everything through cility, or it is based on a change in a fact, this section provides specific available proce- the end of the amendment and insert in lieu circumstance, or provision of law underlying dures or standards allowing an alternative thereof the following: means of compliance for such rule, such peti- or otherwise related to the rules or require- tion shall be reviewed consistent with such ‘‘Petition for alternative means of compliance ments subject to the petition. procedures or standards, unless the head of ‘‘(a) IN GENERAL.—Any person may peti- ‘‘(f) AGREEMENT.—Upon granting a petition the agency for good cause finds that review- tion an agency to modify or waive one or under this section, the agency shall propose ing the petition in solely accordance with more rules or requirements applicable to one to the petitioner an enforceable agreement subsection (b) is in the public interest. or more facilities owned or operated by such establishing alternative methods of compli- ‘‘(d) PUBLIC NOTICE AND INPUT.—No later person. The agency is authorized to enter ance for the facility in lieu of the otherwise than the date on which the petitioner sub- into an enforceable agreement establishing applicable rules or requirements and identi- mits the petition to the agency, the peti- methods of compliance, not otherwise per- fying such rules and requirements. Notwith- tioner shall inform the public of the submis- mitted by such rules or requirements, to be standing any other provision of law, such en- sion of such petition (including a brief de- complied with in lieu of such rules or re- forceable agreement may modify or waive scription of the petition) through publica- quirements. The petition shall identify with the terms of any rule or requirement, includ- tion of a notice in the newspapers of general reasonable specificity, each facility for ing any standard, limitation, permit, order, circulation in the area in which the facility which an alternative means of compliance is regulations or other requirement issued by or facilities are located. Agencies may au- sought, the rules and requirements for which the agency consistent with the requirements thorize or require petitioners to use addi- a modification or waiver is sought and the of subsections (b) and (c), provided that the tional or alternative means of informing the proposed alternative means of compliance state in which the facility is located agrees public of the submission of such petitions. If and means to verify compliance and for com- to any modification or waiver of a rule or re- the agency proposes to grant the petition, munication with the public. Where a state quirement over which such state has dele- the agency shall provide public notice and had delegated authority to operate a federal gated authority to operate a federal program opportunity to comment on the petition and program within the state, or is authorized to within the state, or is authorized to operate on any proposed enforceable agreement. operate a state program in lieu of any other- a state program in lieu of an otherwise appli- ‘‘(e) DEADLINE AND LIMITATION ON SUBSE- wise applicable federal program, the relevant cable federal program. If accepted by the pe- QUENT PETITIONS.—A decision to grant or agency shall delegate, if the state so re- titioner, compliance with such agreement deny a petition under this subsection shall quests, its authority under its authority shall be deemed to be compliance with the be made no later than 240 days after a com- under this section to the state. laws and rules identified in the agreement. plete petition is submitted. Following a deci- ‘‘(b) STANDARDS.—The agency shall grant The agreement shall contain appropriate sion to deny a petition under this section, no the petition if the state in which the facility mechanisms to assure compliance including petition, submitted by the same person, may is located agrees to any alternative means of money damages and injunctive relief, for be granted unless it applies to a different fa- compliance with respect to rules or require- violations of the agreement. The agreement cility, or it is based on a change in a fact, ments over which such state has delegated may provide the state in which the facility is circumstance, or provision of law underlying authority to operate a federal program, or is located with rights equivalent to the agency or otherwise related to the rules or require- authorized to operate a state program in lieu with respect to one or more provisions of the ments subject to the petition. of an otherwise applicable federal program, agreement. ‘‘(f) AGREEMENT.—Upon granting a petition and the agency determines that the peti- ‘‘(g) NEPA NONAPPLICABILITY.—Approval of under this section, the agency shall propose tioner had demonstrated that there is a rea- an alternative means of compliance under

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10250 CONGRESSIONAL RECORD — SENATE July 18, 1995 this section by an agency shall not be con- ‘‘632. Applicability. SEC. 4. TERMINATION OF ARMS EMBARGO. sidered a major Federal action for purposes ‘‘633. Principles for risk assessments. (a) TERMINATION.—The President shall ter- of the National Environmental Policy Act. ‘‘634. Petition for review of a major free- minate the United States arms embargo of ‘‘(h) JUDICIAL REVIEW.—A decision to grant standing risk assessment. the Government of Bosnia and Herzegovina, or deny a petition, or to enter into an en- ‘‘635. Comprehensive risk reduction. as provided in subsection (b), following— forceable agreement, under this section shall ‘‘636. Rule of construction. (1) receipt by the United States Govern- not be subject to judicial review. ‘‘SUBCHAPTER IV—EXECUTIVE OVERSIGHT ment of a request from the Government of Bosnia and Herzegovina for termination of ‘‘(i) SAVINGS CLAUSE.—A decision to grant ‘‘641. Procedures. the United States arms embargo and submis- or deny a petition or enter into an enforce- ‘‘642. Delegation of authority. able agreement shall not create any obliga- ‘‘643. Judicial review. sion by the Government of Bosnia and tion on an agency to modify any regulation. ‘‘644. Regulatory agenda.’’ Herzegovina, in exercise of its sovereign rights as a nation, of a request to the United Nothing in this section shall be construed to (2) SUBCHAPTER HEADING.—Chapter 6 of diminish the level of protection of public title 5, United States Code, is amended by in- Nations Security Council for the departure health, safety or the environment required serting immediately before section 601, the of UNPROFOR from Bosnia and Herzegovina; by statute. following subchapter heading: or (2) a decision by the United Nations Secu- ‘‘SUBCHAPTER I—REGULATORY JOHNSTON AMENDMENTS NOS. rity Council, or decisions by countries con- ANALYSIS’’. tributing forces to UNPROFOR, to withdraw 1799–1800 UNPROFOR from Bosnia and Herzegovina. (Ordered to lie on the table) AMENDMENT NO. 1800 (b) IMPLEMENTATION OF TERMINATION.—The President may implement termination of the Mr. JOHNSTON submitted two Strike out subsection 625(e) (page 39, lines United States arms embargo of the Govern- amendments intended to be proposed 18–24 and page 40, lines 1–7). by him to amendment No. 1574 sub- ment of Bosnia and Herzegovina pursuant to f subsection (a) prior to the date of completion mitted by Mr. LAUTENBERG to the bill of the withdrawal of UNPROFOR personnel S. 343, supra; as follows: THE BOSNIA AND HERZEGOVINA SELF-DEFENSE ACT OF 1995 from Bosnia and Herzegovina, but shall, sub- AMENDMENT NO. 1799 ject to subsection (c), implement termi- In lieu of the matter to be inserted, insert nation of the embargo pursuant to that sub- the following: DOLE (AND OTHERS) AMENDMENT NO. section no later than the earlier of— ‘‘(d) TOXICS RELEASE INVENTORY STAND- 1801 (1) the date of completion of the with- ARDS.—Section 313(d) of the Emergency Mr. DOLE (for himself, Mr. drawal of UNPROFOR personnel from Bosnia and Herzegovina; or Planning and Community Right-to-Know LIEBERMAN, Mr. HELMS, Mr. THURMOND, Act of 1986 (42 U.S.C. 11023(d)) is amended by (2) the date which is 12 weeks after the Mr. BIDEN, Mr. D’AMATO, Mr. MCCAIN, adding the following to the end of paragraph date of submission by the Government of (2): Mr. FEINGOLD, Mr. WARNER, Mr. HATCH, Bosnia and Herzegovina of a request to the ‘‘No chemical may be included on the list Mr. KYL, Mr. MOYNIHAN, Mr. STEVENS, United Nations Security Council for the de- described in subsection (c) of this section, if Mr. COCHRAN, Mrs. HUTCHISON, Mr. parture of UNPROFOR from Bosnia and the chemical has low toxicity to human MACK, Mr. COVERDELL, Mr. PACKWOOD, Herzegovina. (c) PRESIDENTIAL WAIVER AUTHORITY.—If health or the environment and if only under Mr. MURKOWSKI, and Mr. SPECTER) pro- the President determines and reports in ad- unrealistic exposures would such chemical posed an amendment to the bill (S. 21) pose one or more of the hazards described in vance to Congress that the safety, security, to terminate the United States arms and successful completion of the withdrawal subsection (d)(2)(B) or (d)(2)(C) beyond facil- embargo applicable to the Government ity site boundaries. Nothing in this section of UNPROFOR personnel from Bosnia and shall be construed to require the Adminis- of Bosnia and Herzegovina; as follows: Herzegovina in accordance with subsection trator or a person to carry out a risk assess- Strike all after the enacting clause and in- (b)(2) requires more time than the period ment under 633 of title 5, United States Code, sert the following: provided for in that subsection, the Presi- to carry out a site-specific analysis to estab- SECTION 1. SHORT TITLE. dent may extend the time period available lish actual ambient concentrations, or to This Act may be cited as the ‘‘Bosnia and under subsection (b)(2) for implementing ter- document adverse effects at any particular Herzegovia Self-Defense Act of 1995’’. mination of the United States arms embargo of the Government of Bosnia and location.’’ SEC. 2. FINDINGS. (e) TECHNICAL AND CONFORMING AMEND- Herzegovina for a period of up to 30 days. The Congress makes the following findings: The authority in this subsection may be ex- MENTS.— (1) For the reasons stated in section 520 of ercised to extend the time period available (1) CHAPTER ANALYSIS.—Part I of title 5, the Foreign Relations Authorization Act, under subsection (b)(2) for more than one 30- United States Code, is amended by striking Fiscal Years 1994 and 1995 (Public Law 103– day period. the chapter heading and table of sections for 236), the Congress has found that continued chapter 6 and inserting the following: (d) PRESIDENTIAL REPORTS.—Within 7 days application of an international arms embar- of the commencement of the withdrawal of ‘‘CHAPTER 6—THE ANALYSIS OF go to the Government of Bosnia and UNPROFOR from Bosnia and Herzegovina, REGULATORY FUNCTIONS Herzegovina contravenes that Government’s and every 14 days thereafter, the President ‘‘SUBCHAPTER I—REGULATORY ANALYSIS inherent right of individual or collective shall report in writing to the President pro ‘‘Sec. self-defense under Article 51 of the United tempore of the Senate and the Speaker of ‘‘601. Definitions. National Charter and therefore is incon- the House of Representatives on the status ‘‘602. Regulatory agenda. sistent with international law. and estimated date of completion of the ‘‘603. Initial regulatory flexibility analysis. (2) The United States has not formally withdrawal operation. If any such report in- ‘‘604. Final regulatory flexibility analysis. sought multilateral support for terminating cludes an estimated date of completion of ‘‘605. Avoidance of duplicative or unecessary the embargo against Bosnia and Herzegovina the withdrawal which is later than 12 weeks analyses. through a vote on a United Nations Security after commencement of the withdrawal oper- ‘‘606. Effect on other law. Council resolution since the enactment of ation, the report shall include the oper- ‘‘607. Preparation of analysis. section 1404 of the National Defense Author- ational reasons which prevent the comple- ‘‘608. Procedure for waiver or delay of com- ization Act for Fiscal Year 1995 (Public Law tion of the withdrawal within 12 weeks of pletion. 103–337). commencement. ‘‘609. Procedures for gathering comments. (3) The United Nations Security Council (e) RULE OF CONSTRUCTION.—Nothing in ‘‘610. Periodic review of rules. has not taken measures necessary to main- this section shall be interpreted as author- ‘‘611. Judicial review. tain international peace and security in Bos- ization for deployment of United States ‘‘612. Reports and intervention rights. nia and Herzegovina since the aggression forces in the territory of Bosnia and against that country began in April 1992. ‘‘SUBCHAPTER II—ANALYSIS OF AGENCY RULES Herzegovina for any purpose, including SEC. 3. STATEMENT OF SUPPORT. training, support, or delivery of military ‘‘621. Definitions. The Congress supports the efforts of the ‘‘622. Rulemaking cost-benefit analysis. equipment. Government of the Republic of Bosnia and (f) DEFINITIONS.—As used in this section— ‘‘623. Agency regulatory review. Herzegovina— (1) the term ‘‘United States arms embargo ‘‘624. Decisional criteria. (1) to defend its people and the territory of of the Government of Bosnia and ‘‘625. Jurisdiction and judicial review. the Republic; Herzegovina’’ means the application to the ‘‘626. Deadlines for rulemaking. (2) to preserve the sovereignty, independ- Government of Bosnia and Herzegovina of— ‘‘627. Special rule. ence, and territorial integrity of the Repub- (A) the policy adopted July 10, 1991, and ‘‘628. Petition for Alternative Method of lic; and published in the Federal Register of July 19, Compliance. (3) to bring about a peaceful, just, fair, via- 1991 (58 FR 33322) under the heading ‘‘Suspen- ‘‘SUBCHAPTER III—RISK ASSESSMENTS ble, and sustainable settlement of the con- sion of Munitions Export Licenses to Yugo- ‘‘631. Definitions. flict in Bosnia and Herzegovina. slavia’’; and

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10251 (B) any similar policy being applied by the For further information, please con- to examine the first amendment activi- United States Government as of the date of tact Jim O’Toole of the subcommittee ties, including sales of message-bearing completion of withdrawal of UNPROFOR staff at (202) 224–5161. merchandise, on public lands managed personnel from Bosnia and Herzegovina, pur- by the National Park Service and the suant to which approval is denied for trans- f fers of defense articles and defense services U.S. Forest Service. AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without to the former Yugoslavia; and MEET (2) the term ‘‘completion of the withdrawal objection, it is so ordered. of UNPROFOR personnel from Bosnia and COMMITTEE ON AGRICULTURE, NUTRITION AND SUBCOMMITTEE ON YOUTH VIOLENCE Herzegovina’’ means the departure from the FORESTRY Mr. HATCH. Mr. President, I ask territory of Bosnia and Herzegovina of sub- Mr. HATCH. Mr. President, I ask unanimous consent that the Sub- stantially all personnel participating in unanimous consent that the Com- committee on Youth Violence of the UNPROFOR and substantially all other per- mittee on Agriculture, Nutrition, and U.S. Senate Committee on the Judici- sonnel assisting in their withdrawal, within Forestry be allowed to meet during the a reasonable period of time, without regard ary, be authorized to meet during a to whether the withdrawal was initiated pur- session of the Senate on Tuesday, July session of the Senate on Tuesday, July suant to a request by the Government of 18, 1995, at 9 a.m., in SR–332, to mark 18, 1995, at 10:00 a.m., in Senate Dirksen Bosnia and Herzegovina, a decision by the up farm bill titles. room 226, on ‘‘Guns in Schools: A Fed- United nations security Council, or decisions The PRESIDING OFFICER. Without eral Role?’’ by countries contributing forces to objection, it is so ordered. The PRESIDING OFFICER. Without UNPROFOR, but the term does not include COMMITTEE ON ENERGY AND NATURAL objection, it is so ordered. such personnel as may remain in Bosnia and RESOURCES Herzegovina pursuant to an agreement be- f Mr. HATCH. Mr. President, I ask tween the Government of Bosnia and NOTICE TO AMEND RULE XXXIV Herzegovina and the government of any unanimous consent that the Com- country providing such personnel. mittee on Energy and Natural Re- Mr. BROWN submitted the following notice in writing: f sources be granted permission to meet during the session of the Senate on In accordance with Rule V of the Standing NOTICES OF HEARINGS Tuesday, July 18, 1995, for purposes of Rules of the Senate, I hereby give notice in writing that it is my intention to move to COMMITTEE ON INDIAN AFFAIRS conducting a full committee hearing amend Senate Rule 34. Mr. MCCAIN. Mr. President, I would which is scheduled to begin at 9:30 a.m. like to announce that the Senate Com- The purpose of this hearing is to review The amendment is as follows: mittee on Indian Affairs will be holding existing oil production at Prudhoe Bay, At the appropriate place, insert the fol- a hearing on Tuesday, July 25, 1995, be- AK and opportunities for new produc- lowing: ‘‘SEC. . DISCLOSURE OF THE VALUE OF ANY ginning at 9:30 a.m., in G–50 of the tion on the coastal plain of Arctic PERSONAL RESIDENCE IN EXCESS Dirksen Senate Office Building on S. Alaska. OF $1,000,000 UNDER THE ETHICS IN 487, a bill to amend the Indian Gaming The PRESIDING OFFICER. Without GOVERNMENT ACT OF 1978. Regulatory Act, and for other pur- objection, it is so ordered. ‘‘Rule XXXIV of the Standing Rules of the Senate is amended by adding at the end the poses. COMMITTEE ON FINANCE Those wishing additional information following new paragraph: Mr. HATCH. Mr. President, I ask ‘3. In addition to the requirements of para- should contact the Committee on In- unanimous consent that the Com- graph 1, Members, officers, and employees of dian Affairs at 224–2251. mittee on Finance be permitted to the Senate shall include in each report filed SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT meet Tuesday, July 18, 1995, beginning under paragraph 2 an additional statement MANAGEMENT at 9:00 a.m. in room SD–215, to conduct under section 102(a) of the Ethics in Govern- Mr. COHEN. Mr. President, I wish to a hearing on deficit reduction fuel ment Act of 1978 listing the category of value announce that on Tuesday, July 25, of any property used solely as a personal res- taxes and diesel dyeing requirements. idence of the reporting individual or the 1995, at 9:30 a.m., in room 342 of the The PRESIDING OFFICER. Without Dirksen Senate Office Building, the spouse of the individual which exceeds objection, it is so ordered. $1,000,000, as provided in section 102(d)(1).’ ’’ Subcommittee on Oversight of Govern- COMMITTEE ON THE JUDICIARY At the appropriate place in the, insert the ment Management and the District of Mr. HATCH. Mr. President, I ask following: Columbia, will hold a hearing on S. 946, unanimous consent that the Com- ‘‘SEC. . DISCLOSURE OF THE VALUE OF ASSETS the Information Technology Manage- UNDER THE ETHICS IN GOVERN- mittee on the Judiciary be authorized ment Reform Act of 1995. MENT ACT OF 1978. to meet during the session of the Sen- ‘‘Rule XXXIV of the Standing Rules of the SUBCOMMITTEE ON PARKS, HISTORIC ate on Tuesday, July 18, 1995, at 2:00 Senate is amended by adding at the end the PRESERVATION AND RECREATION p.m. to hold a hearing on judicial following new paragraph: Mr. CAMPBELL. Mr. President, I nominees. ‘3. In addition to the requirements of para- would like to announce for the public The PRESIDING OFFICER. Without graph 1, Members, officers, and employees of that a field hearing has been scheduled the Senate shall include in each report filed objection, it is so ordered. before the Subcommittee on Parks, under paragraph 2 the following additional Historic Preservation and Recreation. COMMITTEE ON LABOR AND HUMAN RESOURCES information: The hearing will take place Satur- Mr. HATCH. Mr. President, I ask ‘(a) For purposes of section 102(a)(1)(B) of unanimous consent that the Com- the Ethics in Government Act of 1978 addi- day, July 29, 1995 at 10:00 a.m. in the tional categories of income as follows: Scott Hart Auditorium of the Depart- mittee on Labor and Human Resources ‘(1) greater than $1,000,000 but not more ment of Agriculture Building in Hel- be authorized to meet for a hearing on than $5,000,000, or ena, MT. Health Insurance Reform, during the ‘(2) greater than $5,000,000. The purpose of this hearing is to re- session of the Senate on Tuesday, July ‘(b) For purposes of section 102(d)(1) of the view S. 745, a bill to require the Na- 18, 1995, at 9:30 a.m. Ethics in Government Act of 1978 additional The PRESIDING OFFICER. Without categories of income as follows: tional Park Service to eradicate bru- ‘(1) greater than $1,000,000 but not more cellosis afflicting the bison in Yellow- objection, it is so ordered. than $5,000,000; stone National Park. SUBCOMMITTEE ON OVERSIGHT AND ‘(2) greater than $5,000,000 but not more Because of the limited time available INVESTIGATIONS than $25,000,000; for the hearing, witnesses may testify Mr. HATCH. Mr. President, I ask ‘(3) greater than $25,000,000 but not more by invitation only. However, those unanimous consent that the Sub- than $50,000,000; and wishing to submit written testimony committee on Oversight and Investiga- ‘(4) greater than $50,000,000’’’. for the hearing record should send two tions of the Committee on Energy and f copies of their testimony to the Sub- Natural Resources be granted permis- ADDITIONAL STATEMENTS committee on Parks, Historic Preser- sion to meet during the session of the vation and Recreation, Committee on Senate on Tuesday, July 18, 1995, for Energy and Natural Resources, U.S. purposes of conducting a subcommittee U.N. RAPID REACTION CAPABILITY Senate, 304 Dirksen Senate Office hearing which is scheduled to begin at Mr. SIMON. Mr. President, I learned Building, Washington, DC 20510–6150. 2:30 p.m. The purpose of this hearing is in reading a newspaper about Canada’s

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10252 CONGRESSIONAL RECORD — SENATE July 18, 1995 leadership in providing a study on And I hope the United States will be among the over 21 new missions launched methods of improvement of the U.N. an enthusiastic partner and not be a since 1988. However, no firm consensus has rapid reaction capability. nation that is dragging its feet on this developed regarding how and why UN peace operations succeed, or on when the UN As many of my colleagues in the Sen- issue. should avoid engagement in a given situa- ate know, I have had concerns in this I urge my colleagues to read the tion that is not yet amenable to an effective area for some time. background paper from the Canadian peace mission. I wrote to Minister of Foreign Affairs Government. I ask that it be printed in Certainly, there have been many recent Andre Ouellet, and he sent me a letter, the RECORD. improvements in how the UN undertakes which I ask unanimous consent to in- The material follows: peace operations. These range from greater political understanding of the mechanism sert at the end of this statement. MINISTER OF FOREIGN AFFAIRS, Ottawa, Canada, June 8, 1995. itself in member state capitals, to enhance- Among other things, he enclosed a ment of the means available to the Sec- Hon. PAUL SIMON, background paper, that I also request retary-General in the Secretariat, to a grow- be inserted at the end of my statement, U.S. Senate, Washington, DC. DEAR SENATOR SIMON: Thank you for your ing sophistication organizationally and oper- because it provides practical insights letter of February 6, 1995, regarding the Ca- ationally at the level of field missions. Many into our situation. nadian study to improve the United Nations member states remain actively engaged in It is interesting that the background (UN) rapid reaction capability. Your words of promoting these improvements and in work- paper mentions Rwanda. Senator JEF- support for our efforts are appreciated. ing incrementally on the full spectrum of As you are aware, Canada has made UN re- peacekeeping issues. FORDS and I had the experience of call- One particular, seemingly intractable issue ing a Canadian general, General form a foreign policy priority. A key ele- ment of our position is to ensure that the UN that to some extent reflects the broader Daullaire, who was in charge of the problems outlined above, is that of respon- operates with greater efficiency and effec- siveness. A review of several missions over small U.N. force in Rwanda when tiveness. The Government is committed to the past five years clearly indicates that a things first started getting difficult. the active, continued and effective engage- more rapid, coherent response to an emerg- This was in May 1994. ment of the Canadian Forces in inter- General Daullaire told us that if he ing crisis could have had a much more dra- national peacekeeping operations. matic impact on the evolving situation than The aim of the Canadian study is to make could get 5,000–8,000 troops there quick- that which actually occurred. The example practical proposals to enhance the UN’s ly, the situation in Rwanda could be of Rwanda illustrates the problem in bold re- stabilized. rapid reaction capability in the field of peace lief. Despite various unco-ordinated indica- operations. My officials are consulting ex- Senator JEFFORDS and I immediately tions that a crisis was imminent, even a tensively with other interested states to en- dispatched a message to the State De- minimal response had to await the onset of sure the widest possible support for our ini- crisis. At this point, the detailed planning partment and to the White House. tiative. The findings of the study are sched- Nothing of significance happened and mounting of the operation were excruci- uled to be tabled at the 50th anniversary of atingly slow, with deployment of troops tak- until October, when the United Nations the UN General Assembly in the fall of 1995. ing place months after they were officially Security Council authorized action; For further details of the Canadian study, committed. then the French, to their great credit, you may wish to consult the enclosed copies Improving the UN’s rapid reaction capa- immediately sent 2,000 troops to pro- of recent press releases and of my address to bility is not a new theme. The first UN Sec- vide a little stability, but the United the International Conference on Improving retary-General, Trygve Lie, raised the sub- the UN’s Rapid Reaction Capability. Nations was slow to act. ject as early as 1948. Considerable attention Once again, thank you for bringing your was devoted to this issue as early as 1957 in We went through a similar situation views to my attention. the aftermath of the successful deployment in Somalia. Yours sincerely, of UNEF I in the Sinai. The Special Com- Bosnia presents another example of ANDRE´ OUELLET. mittee on Peacekeeping (Committee of 34) action that is much too slow. has also devoted considerable energy to the My colleagues know that I have in- IMPROVING THE UN’S RAPID REACTION concept in the intervening years. Today, this troduced legislation that would author- CAPABILITY: A CANADIAN STUDY topic is again near the top of the peace- ize up to 3,000 American volunteers INTRODUCTION keeping agenda, with a particular focus on the idea of a UN force as one means to among our armed forces to be available At the UN General Assembly in September 1994, Foreign Affairs Minister Andre´ Ouellet achieve this end. on short notice, if the Security Council The resurgence of the theme of enhanced proposed a concrete step toward the goal of acts, and the President of the United responsiveness reflects a number of recent enhancing the UN’s responsiveness in the developments in the international arena. States approves. I assume other na- field of peace operations. In committing Can- With the end of the Cold War, there is no ob- tions would be willing to volunteer a ada to making a direct contribution to this similar, relatively small force. vious reason why the UN cannot react more end, Mr. Ouellet said: quickly to crisis. The absence of bipolar con- If the Secretary General of the ‘‘The experience of the last few years leads frontation, and consequent minimal recourse United Nations had such power at his us to believe that we need to explore even to the veto on the part of permanent mem- disposal when authorized by the Secu- more innovative options than those consid- bers of the Security Council, as well as the rity Council, we would not have had ered to date. Recent peacekeeping missions apparent end to rigidly defined spheres of in- some of the difficulties that now have shown that the traditional approach no fluence, suggest that improved Great Power longer applies. As we have seen in Rwanda, comity should lead to more effective and ef- threaten our world. And the great rapid deployment of intervention forces is threat to the world today is insta- ficient international co-operation. At the essential. same time, human rights and humanitarian bility. ‘‘In light of the situation, the Government concerns, once held hostage to the Cold War, After the Security Council acted in of Canada has decided to conduct an in-depth have surfaced in a compelling way. This has Somalia, it took 6 weeks to get 500 review of the short-, medium- and long-term led to a shift in political and strategic cal- Pakistani troops to Mogadishu, and options available to use to strengthen the culations from a strict emphasis on order to when I visited Somalia and found the UN’s rapid response capability in times of a more subtle one, in which the idea of jus- desperate situation and called the Sec- crisis. Among these options, we feel that the tice enjoys priority. Finally, global media time has come to study the possibility, over coverage continues to generate domestic and retary General about it, he told me the long term, of creating a permanent UN international pressure to act quickly, albeit that the additional 3,000 troops then military force. We will ask the world’s lead- on a selective basis. authorized would be sent by ship. When ing experts for their input and will inform These factors pose challenges to the inter- I urged that they be sent by plane and all member states of the results of the national community. Equally, they offer op- that an additional 10,000 troops be sent, study.’’ portunities to act constructively in devel- he said that our government—the U.S. The Government of Canada has now begun oping the necessary instruments to deal this extensive study. quickly and effectively with genuine threats government—charges so much to send to international peace and security. troops by plane that they could not af- CONTEXT OBJECTIVE ford it. The rapid increase in the size, scope and number of peace operations since the end of The aim of the study is to make practical I will not go into the rest of the proposals to enhance the UN’s rapid reaction background, but it illustrates the wis- the Cold War reflects both the ongoing trans- formation of the international system and capability in the field of peace operations. dom of the Canadian leadership. the new expectation that the United Nations SCOPE I commend Prime Minister Jean can and should play a pivotal role in the The Canadian study will analyze the prob- Chretien and Minister of Foreign Af- emerging global order. There have been both lem of rapid reaction capability from the fairs Andre Ouellet for their leadership. startling successes and troublesome failures perspective of the UN system as a whole. The

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10253 functions that need to be performed at the states interested in monitoring the progress capability in the UN Secretariat to cope political, strategic, operational and tactical of and exchanging views on the study. Can- with additional responsibilities. Therefore, levels will be identified. A key component of ada would also hope to collaborate with reform and enhancement of the UN Secre- this analysis will be a clear description of other member states pursuing similar or tariat, a necessary stand-alone requirement the crucial interrelationships among these complementary ideas. to enhance the UN’s rapid reaction capa- levels, based on the premise that deficiencies A key consultative partner during the bility, will also cumulatively establish the and inadequacies in any one sphere directly study will be the UN Secretariat. The steer- necessary strategic apparatus to handle a se- influence success or failure throughout the ing group will keep the Secretary-General ries of additional medium- and long-term im- system. For example, the ready availability informed of the progress of the study, seek provements. of an operational element remains dependent his views as appropriate, and invite relevant Any plan to operate a standing force pre- upon both the generation of political will, Secretariat officials to the conferences. supposes adjustments at the political, stra- and adequate ongoing strategic planning and CONTENT tegic and tactical levels, which in many cases must be put in place on an incremental direction for its effectiveness. The study is intended to focus on enhanc- basis, starting as soon as possible. The focus of the study will be at the oper- ing the UN’s rapid reaction capability. It is The study will arrive at recommendations ational and tactical levels. The greatest not a study on how to improve UN peace- and conclusions regarding the desirability challenges lie here, given the virtually com- keeping generally. Nonetheless, these two and feasibility of implementing a variety of plete ad hoc nature of mounting today’s themes have much in common that must be potential measures. It will also make obser- peace operations and the slow, inefficient as- taken into account in the overall context of vations and recommendations as to their as- sembly of disparate tactical units in the the- the study. Therefore, the study will review sociated costs. atre of operations. Even given adequate past experience relevant to the aim of this warning and the existence of strategic plans The study will be submitted to the mem- project, including a review of major concepts bership of the UN at the General Assembly to react, there is a virtual vacuum at the and initiatives that represent significant operational level in the UN system. At in September 1995, and presented to the Sec- milestones on the road to the present. Par- retary-General for his consideration. present, there is no standing headquarters ticular attention will be paid to develop- that is capable of organizing, integrating and ments since the end of the Cold War. Fur- f directing forces based on common doctrine thermore, the study will be guided by the NOTICE OF DETERMINATION BY and standards. orientation and concepts articulated by the In keeping with the requirement to make THE SELECT COMMITTEE ON Secretary-General in An Agenda for Peace. practical recommendations that respond to ETHICS UNDER RULE 35, PARA- Due regard will be accorded to non-military today’s needs, as well as the achievement of aspects of peace operations, such as preven- GRAPH 4, REGARDING EDU- potential advances in the future, the study tion diplomacy, the political component of CATIONAL TRAVEL will develop proposals for the short, medium all such operations and peacebuilding. ∑ and long terms. In this context, the study of Mr. MCCONNELL. Mr. President, it Peacekeeping will be treated in its broadest the concept of a UN standing force will in- is required by paragraph 4 of rule 35 context. that I place in the CONGRESSIONAL volve both its feasibility and modus operandi The study will focus on the specific issue of once established over the long term, as well improved responsiveness, given the structure RECORD notices of Senate employees as the relationship between short- and me- and nature of contemporary peacekeeping. who participate in programs, the prin- dium-term projects and their possible cumu- This will take account of the interrelation- cipal objective of which is educational, lative contributions to its ultimate creation. ships among the political, strategic, oper- sponsored by a foreign government or a Finally, the study will look at the impact ational and tactical components of any of a standing force on the activities of re- foreign educational or charitable orga- peace operation, as well as the relevance for gional organizations and their capabilities in nization involving travel to a foreign rapid reaction of the integration of political, this area. Regional actors and organizations country paid for by that foreign gov- humanitarian, police and military elements, should have a high motivation to react ernment or organization. including non-governmental organizations quickly to emerging crises in their own re- The select committee received notifi- (NGOs). Similarly, the study will address the gions. Similarly, in some important respects question of command and control systems cation under rule 35 for Robert at least, they should be inherently more ca- and their contribution to an improved rapid McArthur, a member of the staff of pable of moving quickly into a theatre of op- reaction capability. The conditions under Senator COCHRAN, to participate in a erations. The comparative advantages of op- which nations are willing to make their re- program in Germany sponsored by the erating at a global or regional level will be sources available to the UN are crucial to addressed, and proposals will be developed to Hanns Seidel Foundation from July 1 their political commitment and readiness to achieve a balanced effort in accordance with to 8, 1995. act. Paramount among these concerns is the the intent of Chapter VIII of the UN Charter, The committee determined that no nature and competence of command and con- and along the lines recently advocated by Federal statute or Senate rule would trol structures and relationships. The role of Secretary-General Boutros Boutros-Ghali. the Security Council in mobilizing political prohibit participation by Mr. McArthur STRUCTURE support and providing ongoing guidance is in this program. The study will be guided by a steering essential. The select committee received notifi- group of senior officials and military offi- The study will elaborate the component cation under rule 35 for Mary Parke, a cers, co-chaired by the Department of For- elements of a rapid reaction capability in a member of the staff of Senator SIMON, eign Affairs and International Trade and the generic sense. This section of the study will to participate in a program in Ger- Department of National Defense. The steer- address the requirement for, and provision many sponsored by the Friedrich- ing group will oversee the study and commis- of, among other things, early warning, inte- Naumann-Stiftung Foundation from sion supporting technical studies as appro- grated planning capability, command and priate. control systems, logistics capability and May 27 to June 3, 1995. In order to provide the broadest possible doctrine/standards/interoperability. An im- The committee determined that no international input into the study, an inter- portant element will be the nature of stand- Federal statute or Senate rule would national consultative group is being estab- ing forces, options for their development and prohibit participation by Ms. Parke in lished. This group, drawn from well-known a discussion of their potential utility. this program. and accomplished diplomats, government of- Having established the basis for rapid reac- The select committee received notifi- ficials, soldiers and academics, will review tion, the study will address in concrete cation under rule 35 for Jonathan M. the work in progress and exchange views as terms what can be done to achieve this capa- Harris, a member of the staff of Sen- the study proceeds. Three conferences will bility. The study will outline proposals that ator D’AMATO, to participate in a pro- also be organized under the aegis of the logically fit into one of the three time study, to which various member states, non- frames envisaged. The implications of a gram sponsored by the Korea Economic governmental authorities and specialists given proposal at one of the four levels (po- Institute of America to be held in will be invited. The first two conferences litical, strategic, operational and tactical) Korea from May 28 to June 4, 1995. will draw primarily on Canadian experts, and for the remaining levels will be explored. For The committee determined that no will focus on the operational/technical and example, the establishment of regional Federal statute or Senate rule would the strategic/political levels, respectively. stocks in two or more locations has direct prohibit participation by Mr. Harris in The third conference will be international in implications for how these stocks will be al- this program. scope, and will be organized around a meet- located and co-ordinated at the strategic The select committee received notifi- ing of the international consultative group level in New York. cation under rule 35 for Reid Cavnar, a in April 1995. The results of all of these con- In many cases, short-term proposals will ferences will be incorporated into the final suggest additional measures that might logi- member of the staff of Senator SHELBY, report. cally follow in the medium and long terms. to participate in a program in Taiwan Throughout the study process, Canada will For example, virtually all proposals for the sponsored by the Tamkang University consult on a bilateral basis with member medium and long term imply an increased from July 1 to 8, 1995.

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE S10254 CONGRESSIONAL RECORD — SENATE July 18, 1995 The committee determined that no prohibit participation by Mr. Aber- ments heralding a new era of freedom and Federal statute or Senate rule would nathy in this program. prosperity. prohibit participation by Mr. Cavnar in The select committee received notifi- Halfway through the 1990s, those goals are this program. cation under rule 35 for Derek L. elusive as ever for most parts of the con- The select committee received notifi- tinent. Instead, Africa’s democracy decade Schmidt, a member of the staff of Sen- risks becoming yet another decade of dis- cation under rule 35 for Ridge ator KASSEBAUM, to participate in a appointment. Millions of Africans are still Schuyler, a member of the staff of Sen- program in Korea sponsored by the waiting for life to improve after more than ator ROBB, to participate in a program Korea Economic Institute of America three decades of freedom from colonialism. in Taiwan sponsored by the Tamkang from May 28 to June 4, 1995. A woeful array of collapsed states, hi- University from July 1 to 8, 1995. The committee determined that no jacked elections and ethnic conflicts litter The committee determined that no Federal statute or Senate rule would the landscape south of the Sahara. And even Federal statute or Senate rule would prohibit participation by Mr. Schmidt where democracy is taking root, Africa’s hopes of a brighter future are in danger of prohibit participation by Mr. Schuyler in this program.∑ in this program. being buried under the weight of its multiple The select committee received notifi- f problems, as Sabane is discovering in Tim- cation under rule 35 for Pamela Sellars, METAMORPHOSIS OF A buktu. CONTINENT ‘‘The world around Africa is fast coming a member of the staff of Senator together and this continent risks being the COATS, to participate in a program in Mr. SIMON. Mr. President, the Chi- odd man out,’’ warned U.S. National Secu- Germany sponsored by the Hanns cago Tribune carried a remarkable rity Adviser Anthony Lake on a recent visit Seidel Foundation from July 1 to 8, story from Timbuktu, Mali by Liz Sly to the continent, summing up the world’s 1995. on what is happening in Africa. Really, growing impatience with Africa’s failure to The committee determined that no it is two stories that are intertwined. find its way in the post-Cold war world. Chaotic Liberia, Somalia and Rwanda Federal statute or Senate rule would I wish it were possible to put into the prohibit participation by Ms. Sellars in stand out as worst case examples of that fail- RECORD the maps and color shadings to ure. The 1990s saw Cold War-inspired con- this program. provide a more accurate picture of The select committee received notifi- flicts in Ethiopia and Mozambique come to some of the things that are illustrated and end. But 2 million Africans have died cation under rule 35 for John Luddy, a in this article. since the collapse of the Berlin Wall as a re- member of the staff of Senator INHOFE, But those who read the article will sult of new wars unleashed directly or indi- to participate in a program in Ger- note that Africa is a place of hope and rectly by pressures from the democratic re- many sponsored by the Hanns Seidel promise and despair. forms that were supposed to bring them new Foundation from July 1 to 8, 1995. hope—10 times the number who have died in The little-known story of the spread The committee determined that no the war in Bosnia. of democracy in Africa is the story of Federal statute or Senate rule would A recent report from the London-based progress that could be reversed easily. prohibit participation by Mr. Luddy in International Institute of Strategic Studies Africa needs our helping hand. this program. found some form of conflict in 26 of sub-Sa- The select committee received notifi- I ask that the Liz Sly article be haran Africa’s 48 countries, offering a gloomy assessment for the future. ‘‘The po- cation under rule 35 for Robert H. printed in the RECORD. The article follows: tential for sudden outbursts of violence ex- Carey, Jr., a member of the staff of ists in most [African] countries as rising [From the Chicago Tribune, July 9, 1995] Senator ABRAHAM, to participate in a populations meet falling living standards program in Germany sponsored by the METAMORPHOSIS OF A CONTINENT—DEMOCRACY and weak governments confront regional or Hanns Seidel Foundation’s Institute SEEKS HOLD AMID POVERTY, VIOLENCE ethnic movements,’’ it said. for Foreign Relations from July 1 to 8, (By Liz Sly) But is Africa’s outlook really that bleak? 1995. TIMBUKTU, MALI.—Not all of the news out It is just 50 years since the world ended a war The committee determined that no of Africa is bad. that killed 60 million people, and many Afri- Federal statute or Senate rule would For the first time in its long history, this cans plead that it is unfair to write off Afri- ca now just because it is going through a pe- prohibit participation by Mr. Carey in remote town on the edge of the Sahara has a mayor elected by the people, Harber Sabane, riod of upheaval. this program. 51, who has high hopes that democracy will ‘‘From the outside, the universal view is The select committee received notifi- help Timbuktu reclaim its status as one of one of despair, and it must be tempting to cation under rule 35 for Chad Calvert, a the world’s great cities. repudiate the whole continent,’’ said polit- member of the staff of Senator SIMPSON First, he acknowledged, there are a num- ical scientist Mahmood Mamdani, director of to participate in a program in Japan ber of problems to be ironed out. the Center for Basic Research in Uganda’s sponsored by the Association for Com- ‘‘We have problems of development,’’ capital, Jampala. ‘‘But when one lives here, munication of Transcultural Study Sabane said. ‘‘We don’t have roads. We have one recognizes the extent of the problems Foundation. a problem of water. We don’t have infra- but also the small improvements that are The committee determined that no structure. Our ecological system is destroyed taking place.’’ For better or worse, the 1990s already have Federal statute or Senate rule would because of a lot of droughts and we have a problem of deforestation. proved revolutionary for Africa. Until 1990, prohibit participation by Mr. Calvert ‘‘Another problem is unemployment. We Africa had only three governments that in this program. have no industry. We are very, very, very could be considered authentically demo- The select committee received notifi- poor. Most people are illiterate and 60 per- cratic. Since then, multiparty elections have cation under rule 35 for Dr. William cent of our children don’t go to school.’’ been held in 35 of sub-Saharan Africa’s 48 na- Spriggs, a member of the staff of Sen- Unfortunately, Sabane could have been de- tions. ator MACK, to participate in a program scribing just about anywhere in sub-Saharan From the sandswept streets of Timbuktu in Berlin sponsored by Africa. Once synonymous with everything to the stately monuments of Cape Town, Wissenschaftszentrum Berlin fur that was exotic and alluring about the con- South Africa, new leaders are experimenting tinent, Timbuktu today is typical of every- with new ways to address Africa’s problems, Sozialforschung from June 29 to July 3, thing that is wrong with it—even down to and new freedoms are flourishing in places 1995. the ethnic fighting last year that killed an that once knew only repression and dictator- The committee determined that no estimated 600 people and scared away the ship. Federal statute or Senate rule would tourists, the town’s only source of outside Some have proved unexpected success sto- prohibit participation by Dr. Spriggs in income. ries, such as South Africa, where the leader- this program. By 1990, it had long been clear that sub-Sa- ship of President Nelson Mandela and the The select committee received notifi- haran Africa was torn by crises. Poverty, spirit of reconciliation that he represents cation under rule 35 for Wayne Aber- conflict and underdevelopment were com- shine like a beacon of hope for the rest of the nathy, a member of the staff of Senator pounded by corrupt dictators who enjoyed continent. Benin, Malawi, Zambia and Na- the backing of rival superpowers concerned mibia are among other countries that have GRAMM, to participate in a program in more with their own strategic agendas than peacefully managed the transition to democ- Mexico sponsored by the Mexican Busi- with human rights or economic progress. racy. ness Coordinating Council from July 4 This, however, was supposed to be Africa’s Africa’s seeming tendency toward violence to 7, 1995. ‘‘democracy decade’’ in which the dictators, should be seen in the context of these seis- The committee determined that no bereft of their Cold War relevance, would be mic changes, argues Gen. Amadou Toumani Federal statute or Senate rule would replaced by elected, accountable govern- Toure. He helped bring democracy to Mali,

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10255 the modern state of which Timbuktu is a 3.5 percent a year, and now there is less land West already has given notice that African part, by overthrowing its hated dictator in a available for an increasing number of people leaders who fail to heed the new rules of fair military coup and then handing over power year after year.’’ play and accountability will have their aid to an elected civilian government. The simple logic applies to many parts of suspended. Yet even those who do can expect ‘‘Africa is in the throes of a radical trans- the continent. Falling living standards, envi- no democracy bonanza; in the U.S., a Repub- formation,’’ Toure said. ‘‘After 30 years of ronmental degradation and high population lican congress is threatening to slash overall military dictatorship or one-party rule, we growth rates risk pushing already impover- aid levels to Africa, and Europe is also cut- are moving to democracy. Sometimes that ished communities to the brink of their ca- ting aid. process is violent, and it gives the impres- pacity to survive, and into competition for In Timbuktu, a city that lured countless sion Africa is in crisis. scarce resources. It is perhaps no accident European explorers to their deaths in their ‘‘Rwanda, Somalia, Liberia, these are all that Africa’s worst crises of the 1990s all quests for its wealth, Mayor Sabane pleads struggles for power in the new order. Some have occurred in nations ranked among the with the world not to forsake Africa now. leaders are resisting change. But take Sen- continent’s poorest half. ‘‘In Africa, we are apprentices in democ- egal, Mali, Zambia, where people have cho- Yet there is no reason why Africa should racy. We need help,’’ he said. sen the ballot over the bullet. be as poor as it is. A recent International ‘‘The current generation is very worried ‘‘Africa does have a future. But each coun- Monetary Fund survey notes that Africa’s about our situation and wants to lift us out try in history has gone through crisis in ar- ‘‘overall low level of economic growth is of this malaise and improve our lives. But we riving at its future. America had a revolu- anything but foreordained.’’ must have friendship so that Africa can tion. Europe had many wars. Africa also is in Sub-Saharan Africa’s 540 million people ac- renew itself and find itself in the modern the process of finding its future.’’ count for 10 percent of the world’s popu- world.’’ But where does Africa’s future lie? With lation, living on about 15 percent of the But could it be too late for a continent South Africa, which also underwent violence Earth. Their land is potentially some of the that, time and again, has failed to seize op- before peacefully embracing change? Or with world’s richest, blessed with half the world’s portunities? Will the legacy of mistakes Somalia and Liberia, which have disinte- gold, most of its diamonds, 40 percent of its prove insurmountable? Are ordinary Afri- grated into chaos? platinum and rich reserves of other minerals, cans, betrayed so many times by past lead- The prognosis for most African countries oil and natural gas. ers, in the process of being betrayed again? seems to be hovering precariously between But Africans share only 1.3 percent of the Or is the continent merely witnessing the these extremes. Just 17 of the continent’s 35 world’s actual wealth, and a dispropor- death throes of the old order and the birth elections have heralded genuinely demo- tionate burden of the world’s suffering. Ac- pangs of a new era, as most Africans would cratic forms of government, according to a cording to the CIA, two-thirds of those in the like to believe? study by the Center for Strategic and Inter- world risking starvation this year live in Af- ‘‘There is a saying in Africa, ‘never lose national Studies. rica. Africa contains 62 percent of the hope,’’’ Sabane said. In countries such as Burkina Faso, Ghana world’s AIDS cases and one-third of its refu- ‘‘We don’t lose hope.’’∑ and Kenya, dictators were voted back into gees. f power in questionable elections, and they Africa’s entire gross domestic product is continue to rule with little regard for demo- smaller than that of the Netherlands, with a GOVERNMENT SUBSIDY FEEDS cratic principles. In others, such as Nigeria population of just 15 million. FREE MARKET and Zaire, corrupt regimes continue to resist Also, Africa is the only part of the devel- ∑ Mr. SIMON. Mr. President, Tom change, making these nations candidates for oping world where living standards have fall- Roeser of the Chicago Sun-Times is possible future upheaval. en over the past decade. Despite receiving Mali is typical of those new democracies nearly half the world’s total annual aid—$20 someone I disagree with frequently, that are genuinely trying to improve the billion a year in the 1990s—the average Afri- even though I respect him. lives of their people. But they are doing so can is no better off today than he or she was On the whole question of assistance against a backdrop of poverty, ethnic rivalry at independence from colonialism more than for minority businesses, he had a col- and falling Western aid budgets, all of which three decades ago. umn in the Chicago Sun-Times re- threaten to confound even the best-inten- What brought Africa to this sorry point in cently that spoke candidly about some- tioned efforts. its history? Colonialism undoubtedly played thing that provides real insight. Do-or-die economic reforms, ordered by the a part in setting independent Africa off on As we discuss affirmative action and World Bank as a prerequisite for continued the wrong foot, said professor George what should be done to assist in pro- international aid, have produced economic Ayittey, a Ghanaian national and professor growth in some countries that previously of economics at the American University in viding opportunities for minorities, I had known only stagnation or decline. But Washington. recommend required reading of the the reforms are causing considerable hard- Independence also proved a hollow word for Tom Roeser column, and I ask that it ship among ordinary people, threatening Africans, for no sooner had they cast off be printed in the RECORD at this point. these fragile new systems with popular dis- their colonial rulers than Cold War politics The column follows: content. intervened to create a new form of foreign [From the Chicago Sun-Times, July 7, 1995] Poverty is already a key dynamic fueling interference. Western powers and the Soviet GOVERNMENTAL SUBSIDY FEEDS ‘‘FREE conflict in Africa, something overlooked by bloc poured billions of dollars into propping MARKET’’ Toure’s interpretation of Africa’s crises as up unsavory dictators—$100 billion in the the inevitable byproduct of political trans- 1980s alone—long after it was apparent that (By Thomas F. Roeser) formation. they had no popular support. Not long after I became an assistant sec- In Mali, which the United Nations ranked But increasingly, Africans are starting to retary of commerce under President Richard the world’s seventh poorest country, 1992’s realize that their own leaders are to blame Nixon, I stumbled upon an amazing dis- peaceful democratic elections coincided with for their plight, Ayittey said. covery. an eruption of hostilities between Tuareg no- ‘‘The basic reason why we’re having all The big business community (mostly mads and local Malians in the desert region this chaos in Africa is because we had bad white-owned), which had long extolled ‘‘free’’ around Timbuktu. leadership,’’ Ayittey said. ‘‘The colonial enterprise since the founding of this repub- Although these two groups have fought one state was very authoritarian but those who lic, was hooked far more than I realized on another in the past, both sides blame the re- took over made things worse.’’ government subsidies. cent fighting not on ethnic differences but Uncounted billions of those aid dollars, The Cato Institute has just cataloged 125 on the country’s desperate economic situa- which could have gone toward building roads programs in the federal budget designed to tion. Along the fringes of the Sahara, pov- or educating children, were squirreled away assist ‘‘business’’—meaning, of course, most- erty has been deepened by harsh droughts in into Swiss bank accounts for Africa’s leaders ly white-owned businesses. When I was sworn the 1970s and 1980s that turned former arable or spent on weaponry to keep them in power, in, in 1969, I counted roughly $13 billion land into desert. while ordinary Africans grew steadily poor- worth of subsidies. Cato’s figure today is ‘‘It’s poverty and bad economic conditions er. $53.7 billion. that cause this antisocial behavior,’’ said With the lifting of outside support for Afri- The gist of Cato’s recommendation is that Timbuktu’s Mayor Sabane of the fighting, ca’s dictators, many of their nations have these subsidies be cut. Very well. But recall which has subsided. been exposed as hollow shams, as personal that it is mostly white-owned industries that ‘‘The causes of the fighting are economic,’’ piggy-banks for narrow elites who had failed have thus profited since the founding of the agreed Mohamed Ag Ahmed, a leader of one to unite their multiethnic populations be- republic. of the Tuareg factions, the Movement and hind them. It was clear that I was picked as assistant United Fronts of Azawad, which is demand- In finding its future, Africa therefore has secretary for minority enterprise because, as ing development aid for Tuaregs in peace not only to battle harsh new economic reali- a white conservative, I could be fired by a talks with the government. ties, but also cope with the burdensome leg- mostly white administration without ‘‘We could all live on the same land with- acy of its past mistakes. prompting a racial furor. One recommenda- out conflict. But the useful space has shrunk And it can no longer count on the largesse tion I made lasted: Take a percentage of fed- over time. The population of Mali increases of the outside world to help it through. The eral contracts—I called them ‘‘set-asides’’—

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and give them to minority-owned businesses. polled rated public television and radio Percent I recommended a 10-year program, after as either excellent or good value. Rank and services provided with tax dollars excellent which it would be terminated. It has just or good In this age of television’s appeal to value now been challenged by the Supreme Court the lowest common denominator, pub- 25 years later. 11. Environmental protection ...... 41 It was the second proposal, however, that lic broadcasting generally succeeds in 12. Public transportation ...... 40 broadening, edifying, and challenging 13. Sponsorship of the arts ...... 39 got me fired: Take a tiny percentage of the 14. Overseeing soundness of financial institutions ...... 35 federal subsidies given to white industry and its viewers, and influencing the tele- 15. The courts ...... 33 apportion them to qualifying minority en- vision medium for the good. Most im- 16. International intelligence gathering ...... 31 17. Contributions to the United Nations ...... 30 terprises. The strategy paper containing this portantly, public television reaches 99 18. Social welfare programs ...... 28 recommendation, when sent to the president, percent of American households—for Source: Roper Poll, March 18–25, 1995, courtesy of CPB. resulted in my termination. free. No problem. I went back to private indus- I ask that these two articles be print- STUDY DETECTS ‘‘SESAME STREET’’ IMPACT ON try, happier and wiser than when I had left KIDS it. All my life I have been judged a conserv- ed in the RECORD. ative. But I must tell you that whenever big The articles follow: Sesame Street, probably the most-studied business pays tribute to its growth by mist- [From Current, June 19, 1995] children’s program on TV, has another acco- lade for its collection: A major study con- ily referring to itself as ‘‘private enterprise,’’ PUBLIC RANKS PUBCASTING HIGH IN VALUE cludes preschoolers who watch the show reg- I am impelled to raise the window sash for PER DOLLAR fresh air. As a government official, I learned ularly score higher on school readiness tests In a Roper Poll taken in March, Americans as long as three years later. too much. ranked public TV and public radio among the Let’s remember, when we wonder what The four-year study of more than 250 low- services that provide the best value for the income families was conducted by John C. happened to minority enterprise, that white- tax dollar. owned business has leaned heavily on gov- Wright and Aletha C. Huston of the Center Only military defense of the country and for Research on the Influence of Television ernment as on a crutch while its leaders pre- the police had higher percentages of the sam- tend, in speeches to chambers of commerce, on Children (CRITC) at the University of ple calling them an ‘‘excellent value’’ or a Kansas. that they do not. ‘‘good value.’’ Highways, public schools, en- This has meant that, for the most part ex- Wright and Huston’s report, released May vironmental protection and the court system 31, was meant to provide the first overall cluding my set-asides, only minority-owned ranked lower. businesses have been expected to practice evaluation of Sesame Street since the ‘‘Quite frankly, I was really surprised,’’ groundbreaking program’s second season, in what white pro-business executives so ea- said CPB researcher Janice Jones. ‘‘I know gerly trumpet as ‘‘free market capitalism.’’∑ 1971. that people value public television, but there The children studied were either two or f are a lot of core services on that list.’’ four years old at the beginning and five or CPB received the poll results as a regular PUBLIC BROADCASTING AND seven at the study’s end. About 40 percent subscriber to the Roper Poll last month, but were African-American, 40 percent were Eu- TELEVISION VIOLENCE the survey firm had added pubcasting to the ropean-American, and 20 percent were His- ∑ Mr. SIMON. Mr. President, today, I annual question without CPB asking it to do panic. would like to draw my colleagues’ at- so, Jones said. Key findings from the report: Other tax-supported services had been tention to two recent articles from As early as age two, preschoolers who rated in the poll for many years. The biggest watched Sesame Street and other edu- Current magazine about public tele- changes between 1986 and 1995 showed envi- cational programming scored higher on vision. ronmental protection up 14 points, public standardized tests of verbal and math abili- One story details the positive con- transportation up 12, roads and bridges up 11, ties. The more they watched the show, the tributions of public television in the the police up 9 and military defense up 8 better they did on the tests, even two to important area of children’s program- points. Even social welfare programs rose 4 three years later. ming. Many have long argued that in points during that period. The younger the child was when viewing, addition to its entertainment value, In the poll, public TV was scored an ‘‘ex- the stronger Sesame Street’s positive influ- cellent value’’ by 13 percent, ‘‘good’’ by 44 television can be used as a powerful ence on school readiness. percent, ‘‘fair’’ by 24 percent and ‘‘poor’’ by Children who watch Sesame Street spent educational resource, particularly for just 10 percent. Eight percent said ‘‘don’t more time reading and pursuing other edu- children. Public television has consist- know.’’ cational activities than non-viewers. ently set the standard for putting tele- Public radio got similar scores: ‘‘excellent Children who regularly watched adult and vision to use for this purpose. value,’’ 10 percent; ‘‘good,’’ 43 percent; children’s non-educational programming per- ‘‘Sesame Street,’’ one of public tele- ‘‘fair,’’ 28 percent; ‘‘poor,’’ 10 percent, and formed less well on school readiness tests vision’s most successful shows, is a fa- ‘‘don’t know,’’ 10 percent. and spent less time reading or pursuing vorite for many American children, Public TV’s ‘‘excellent value’’ rating (13 other educational activities. percent) was exceeded only by military de- The findings held true even after research- and indeed for children around the fense (17 percent) and the space program (14 ers used statistical controls to account for world. Its goals, however, are much percent). effects of income level, parental education, loftier than merely entertaining, or The percentage of respondents who rated English-speaking ability, and other factors marketing to, children. ‘‘Sesame public TV and radio as a ‘‘poor value’’ for the on the scores. Street’’ works to teach children and tax dollar, 10 percent, was lower than all ‘‘Television is a marvelous medium for prepare them for school. And it is suc- other services except defense and inter- education that is vastly untapped. . . . The ceeding. In fact, a 4-year study of more national intelligence gathering. more you watch good programming, the bet- than 250 low-income households con- VALUE FOR THE TAX DOLLAR ter you do when you get to school. That’s news; that’s important,’’ said Wright. Here is a list of some different services ducted by the Center for Research on Although the study looked at all edu- that the government provides using tax dol- the Influence of Television on Children cational children’s programming—not just lars it collects from the public. Thinking of at the University of Kansas concluded Sesame Street—the Children’s Television what you get for what you pay in taxes, that preschoolers who watch ‘‘Sesame Workshop production so dominated pre- would you read down that list and for each schoolers’ viewing it was analyzed separately Street’’ regularly score higher on one tell me whether you feel you get excel- in Wright and Huston’s report. school readiness tests as long as 3 lent value for the dollar, or good value, or years later. Because the period studied was 1989–93, only fair value for the dollar, or poor value newer programs like Barney and Friends and I am also pleased to report that the for the dollar? Lamb Chop’s Play-Along hadn’t been around American people recognize the value of Percent long enough to make the most-viewed list, public television as a public resource. and PBS had not yet initiated its PTV Ready Rank and services provided with tax dollars excellent The second Current article examines or good to Learn service. the high level of public support that value Wright and Huston’s report reinforced the public broadcasting enjoys across the 1. Military defense of the country ...... 60 findings of a less detailed study with a much country. According to the article, a 2. Police and law enforcement agencies ...... 59 larger sample size (10,000 children) released 3. Public TV broadcasting ...... 57 in April. Roper poll taken in March revealed 4. Public radio broadcasting ...... 53 5. Medical, technological and other research ...... 52 The CPB—commissioned study, prepared that Americans ranked public tele- 6. Overseeing the safety of food products ...... 50 by Westat Inc., found that four-year-old pre- vision and radio among the services 7. The space program ...... 49 schoolers who watched one or more PBS pro- 8. Overseeing the safety of prescription drugs ...... 49 that provide the best value for the tax 9. Highways, roads and bridges ...... 45 grams were more likely to be able to identify dollars. In fact, over 50 percent of those 10. Public schools ...... 41 colors, count to 20, recognize letters of the

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — SENATE S10257 alphabet, and tell connected stories when up to 5 minutes each; and, further, that eration of the regulatory reform bill by pretending to read.∑ the Senate then immediately resume a call for the regular order. Therefore, f consideration of S. 21, the Bosnia legis- rollcall votes may occur on that legis- ORDERS FOR WEDNESDAY, JULY lation. lation as well, including a third cloture 19, 1995 The PRESIDING OFFICER. Without vote on the Dole-Johnston substitute objection, it is so ordered. amendment. Mr. SPECTER. Mr. President, as the f last Republican Senator on the floor, I f have been asked to proceed with the PROGRAM closing of the body. RECESS UNTIL 9 A.M. TOMORROW I ask unanimous consent that when Mr. SPECTER. Mr. President, for the the Senate completes its business information of all Senators, the Senate Mr. SPECTER. Mr. President, if today, it stand in recess until the hour will resume consideration of the Bosnia there is no further business to come be- of 9 a.m. on tomorrow, Wednesday, legislation and the pending Dole sub- fore the Senate—and I note the absence July 19; that, following the prayer, the stitute amendment. of any other Senator on the floor—I Journal of proceedings be deemed ap- All Members should, therefore, be now ask unanimous consent that the proved to date, the time for the two aware that rollcall votes may occur Senate stand in recess under the pre- leaders be reserved for their use later throughout Wednesday’s session of the vious order. in the day, there then be a period for Senate. Also, under the provisions of There being no objection, the Senate, morning business until the hour of 9:30, the prior consent agreement, the ma- at 8:23 p.m., recessed until tomorrow, with Senators permitted to speak for jority leader may return to the consid- Wednesday, July 19, 1995, at 9 a.m.

VerDate Mar 15 2010 05:43 Oct 27, 2010 Jkt 089060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 D:\FIX-CR\1995\S18JY5.REC S18JY5 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE July 18, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1449 EXTENSIONS OF REMARKS

CONDOLENCES TO FAMILY AND to roll back the progress we have made in im- gles, mercury as a threat in Lake Erie wall- FRIENDS OF FOUR ALCOHOL RE- proving our water quality. eye, PCBs as a bioaccumulating toxin in a LATED DEATHS The current Interior Appropriations bill will wide range of species. It helped to solve the result in shutting down four biological science alewife problem (remember the stinking mounds of trash fish that once piled up on HON. WILLIAM J. MARTINI facilitiesÐincluding the one in Ann Arbor, MI. some Great Lakes beaches?) and to develop OF NEW JERSEY The Ann Arbor facility has been instrumental methods to control the voracious lamprey. in contributing information and knowledge IN THE HOUSE OF REPRESENTATIVES Across the country, the agencies that about zebra mussels and water quality issues make up the NBS have performed similar Monday, July 17, 1995 in Lake St. Clair. services for science, commerce, recreation, Mr. MARTINI. Mr. Speaker, I would like to This ill-conceived bill also transfers the re- water quality, protection of species and habi- take this time to send my condolences to the sponsibility of researching living resources to tat. The famed wildlife center at Patuxent, family and friends of four women who died the U.S. Geological SurveyÐan agency which Md., brought back the whooping crane from has never in its entire existence studied a liv- the edge of extinction. Rachel Carson worked tragically in an alcohol-related accident on July at Patuxent, and relied on data from there 3, 1995. All four of them resided in my con- ing resource let alone a foreign species like and Ann Arbor to write ‘‘Silent Spring.’’ gressional district. the zebra mussel. This is the scientific tradition and research Evelyn Dotson, Henrietta Lathon, Jeanne For those of us who live along the lake won- base whose existence and continuity are now Ruth Sanford, and Gwendolyn King had been dering each and every day if the water is safe, at risk. paying a visit to an elderly woman who was scientific research is the only way we can con- The NBS, despite the propaganda of its de- housebound with a bad heart. Before heading trol foreign organisms and find solutions to tractors, doesn’t regulate a flea; it merely home, they decided to spend the evening in what is happening in Lake St. Clair. With this provides information on which others may Atlantic City. On their way back to the eighth legislation, Congress is saying to the people in act. Sometimes that information is incon- venient, as when it shows how reckless log- district their van was struck head on by a the 10th District of Michigan, and to everyone along the Great Lakes, that they don't care ging practices are destroying the Pacific sports car driving in the wrong direction on the salmon fishery. What the country should do Garden State Parkway. The four women died about one of the most important economic and about logs vs. salmon is a legitimate policy in the accident. A 24-year-old man was recreational resources we haveÐour water. question; at least we ought to know what’s charged with drunk driving in the incident. Mi- It is time to stop turning back the clock. We happening out there before we answer it. raculously, the driver of the van, Matthew don't want our lakes to become ecologically The people with knives out for the NBS Buie, and his wife, Jonnie Ruth, were saved dead or our rivers to become so polluted that want to conduct the debate without the when they were pulled from the burning van they catch on fire again. What we want is to science. In the Great Lakes, that sort of by a passing motorist. move forward, to find solutions and provide know-nothingism could be fatal to the fish- ery, to water quality, to health, recreation Mr. Speaker, these four women were ex- answers. That's what the National Biological Service does and that's why we should be and tourism. Michigan’s members of Con- tremely active members in the Paterson, NJ gress may differ on environmental issues, community. They donated their time and effort funding its researchÐnot abolishing it. but they ought to share a genuine interest in to help others in a selfless manner. They Perhaps my feelings about the elimination of preserving Great Lakes science and re- prayed for the sick, fed the hungry, and com- the NBS are best stated by a recent Detroit search—and the mission of the NBS nation- forted the lonely. They exhibited the qualities Free Press editorial, which I would now like to ally, for the same reasons. we should all strive to emulate. submit for the RECORD. It’s one thing to argue over policies and de- Furthermore, each of the women spent a [From the Detroit Free Press, Monday, July cisions, another to trash the bioscientific great deal of time at the St. Augustine Pres- 10, 1995] base on which they should be made. The en- vironment can survive a few wrongheaded byterian Church. This congregation will not RISKY REFORM—CUTTING THE NBS WOULD HARM GREAT LAKES AND MORE policy decisions. It’s doubtful any of us can easily replace the void that was created by the survive the kind of willful ignorance the If Congress carries out its threat to kill or passing of Evelyn, Henrietta, Jeanne, and NBS’ detractors seek to impose. castrate the National Biological Service, the Gwendolyn. I am sure, Mr. Speaker, that you Great Lakes will be enormous losers. Most f share the sadness that Mr. Donald Curtis, the people in Michigan may never have heard of president of the church's board of trustees, the NBS, but while the name may be new INTRODUCTION OF THE AQUA- feels in the passing of these magnanimous in- and unfamiliar, the federal research activi- CULTURE EMPLOYMENT INVEST- dividuals. ties it comprises have been around for a MENT ACT It is sad that it takes tragic times such as while, and are much too valuable to lose. these to bring people together and to realize It is the unhappy fate of the NBS that it the importance of charitable qualities. Fortu- was put together in 1993 by Interior Sec- HON. JACK REED retary Bruce Babbitt, who is widely regarded OF RHODE ISLAND nately, the passion for life and the commit- by the Wise Use Gang as a traitor to his ment to the church that these women shared class—a rancher who doesn’t believe that IN THE HOUSE OF REPRESENTATIVES will live on in the memories of their family and beef cattle are God’s second highest creation, Monday, July 17, 1995 friends. or that the federal government should butt f out of everything west of the 100th meridian. Mr. REED. Mr. Speaker, I am pleased to in- The mere fact that Mr. Babbitt’s fingerprints troduce today the Aquaculture Employment In- MICHIGAN NEEDS THE NATIONAL are on the NBS has made it a prime target of vestment Act. This bill is based upon legisla- BIOLOGICAL SERVICE [NBS] the anti-science, anti-environment, anti-gov- tion I sponsored last Congress with my col- ernment crowd. league from Massachusetts, Representative The NBS houses many research activities HON. DAVID E. BONIOR formerly conducted under the letterhead of STUDDS. OF MICHIGAN the U.S. Fish and Wildlife Service. It in- Aquaculture represents a promising eco- IN THE HOUSE OF REPRESENTATIVES cludes 16 regional science centers, including nomic development opportunity for the State the Great Lakes Science Center in Ann of Rhode Island. At the turn of the century, Monday, July 17, 1995 Arbor, which is high on the hit list if NBS Rhode Island shellfishermen harvested so Mr. BONIOR. Mr. Speaker, I rise today to funding is eliminated or curtailed. much shellfish from Narragansett Bay that this Closing up shop in Ann Arbor would break harvest would be worth almost $1 billion at to- express my strong opposition to Speaker the chain of nearly 100 years of science and GINGRICH and the congressional Republican fishery data compiled there, and cripple ef- day's prices. efforts to eliminate the National Biological forts to protect the lakes. Working with The bill I am introducing today attempts to Service [NBS] in the Interior Appropriations other state and federal agencies, the center foster economic growth and create jobs by en- bill. Eliminating the NBS is yet another attempt has helped identify DDT as a problem in ea- couraging aquaculture development in our

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E 1450 CONGRESSIONAL RECORD — Extensions of Remarks July 18, 1995 lakes and coastal areas. The Aquaculture Em- cember 18, 1971. It has been over 23 years time, the President didn't say how the budget ployment Act amends the Coastal Zone Man- since eligible allottees filed their applications would be cut by $5 billion, but he said it could agement Act [CZMA] to authorize grants to and there still remains a need to resolve the be cut without closing NASA field centers or States to formulate, administer, and implement on-going case load of Alaska Native allotment cancelling programs. strategic plans for marine aquaculture. This disputes at the Department of Interior. In Feb- To some of my colleagues, that promise provision would enable States like Rhode Is- ruary of 1994, the Department of Interior, Bu- sounded incredibleÐso much so that the Ap- land that have no comprehensive plan for reau of Land Management, the Alaska Legal propriations Subcommittee that pays NASA's aquaculture development to get started in the Services, and the Alaska Federation of Na- bills, the Subcommittee on Veterans Affairs, process of creating jobs and economic devel- tives met to discuss solutions to resolve these Housing and Urban Development and Inde- opment through aquaculture. disputes, propose to close the last of Native pendent Agencies, took the exact opposite ap- The legislation also creates a grant program allotment cases and an attempt to finalize land proach: it proposed closing NASA field centers modeled after a shellfish seeding program op- dispute problems in this area. This amend- and cancelling major science programs. erating in Nantucket. Under this program, ment intends that half of these fundsÐ The role of the Science Committee is to pro- funds would be made available to States to $442,000Ðbe used for the Alaska Native allot- vide guidance to the Nation's civil space pro- expand ongoing projects relating to aqua- ment attorney fee program at the Bureau of gram. We are operating under the fiscal im- culture, such as the State quahog transplant Indian Affairs. This will provide funds for rep- peratives that weigh upon all Members of the operations. By transplanting clams from high resentatives for Native allottees with cases House. Our job is to propose a new direction bacteria areas of Narragansett Bay to clean with pending at various stages of review within for NASA that meets both the needs of the na- areas of the Bay, the clams are given the op- the Department of Interior and before the Inte- tion's space program and the budget of the portunity to clean themselves and eventually rior Board of Land Appeals. The need for out- nation's taxpayer. H.R. 2043 does just that. be ready for harvest. side counsel in these cases is required be- THE PATH OF THE FUTURE This is not to say that development of a ma- cause of the attorneys within the Department Our bill lays the groundwork for a direct rine aquaculture industry will be easy. Difficult of Interior recognize a conflict of interest be- path to the future by focussing NASA's ener- issues such as private use of public re- tween the Native allottees and their institu- gies on basic research and development. The sources, conflicts with other coastal user tional clients. International Space Station, which is fully au- groups, and the development of streamlined The remaining funds are to added to the thorized to completion in H.R. 1601, should be regulatory and permitting requirements will Bureau's Wildlife and Parks program as addi- seen as the foundation on which this bill rests. have to be addressed. tional funds for monitoring and enhancement H.R. 2043, builds on the commitment made to Other nations around the world have al- of the salmon returns within the Arctic-Yukon- human space exploration by fully funding the ready recognized the potential of aquaculture Kustokwim regions in Alaska. The Space Shuttle program and takes the first and the important role that government can Athabaskan, Yup'ik and Inupiaq Natives of steps toward privatizing the Shuttle while play in developing this industry. The govern- western and interior Alaska live a subsistence maintaining safe and productive operations. ments of Japan, Norway, and Chile are sup- way of life from harvests of different fish and But that's not enough. H.R. 2043 also fully porting aquaculture development programs, mammals. Although these resources supply funds the Reusable Launch Vehicle initiative and giving their citizens the opportunity to most of their food needs, they also need cash aimed at low-cost, simple, reliable space reap the accompanying economic rewards. In to purchase essentials such as gas, and transportation systems whose operational ve- fact, these countries are exporting their aqua- nonperishable foodstuffs and harvesting equip- hicles will be entirely developed by the private culture harvests of fish and shellfish to Amer- ment such as boats, outboard motors, nets, sector. This basic research is fundamental to ica. and rifles. Commercial fishing provides that industry's being able to privately finance and This bill calls for a modest commitment of small but necessary income since other jobs profitably operate the next generation of space Federal resources, but it does not take a large are scarce and seasonal in rural Alaska. Fish- vehicles. With this program, Mr. Speaker, we Federal investment to join marine aquaculture ing income averages $4,000 from about 7 will begin a new era in space, led not by large and economic development. I urge my col- weeks of fishing and the per capita income in engineering bureaucracies, but by skillful leagues to join with me in support of its pas- the villages of these regions is about 60 per- space entrepreneurs. sage. cent of the U.S. national average. Beginning in We are fully funding the President's pro- f 1990, chum salmon stocks in these regions posal to fund two reusable X-type vehicles, declined significantly and spawning the X±33 and the X±34. The X±33 is intended DEPARTMENT OF THE INTERIOR escapements were inadequate. For the up- to be the development ``footprint'' for a single- AND RELATED AGENCIES APPRO- coming fishing seasons, the Alaska Depart- stage-to-orbit fully reusable launch vehicle; the PRIATIONS ACT, 1996 ment of Fish and Game is predicting below actual step of capitalizing and developing this average return of salmon to these regions. SPEECH OF system will be the private sector's responsibil- This program fund is intended for salmon ity. The program is designed to make that next HON. DON YOUNG monitoring, enhancement and restoration and step technologically feasible. The X±34 is al- OF ALASKA research projects in these regions. ready changing the way NASA does business IN THE HOUSE OF REPRESENTATIVES f because it reverses the contracting relation- Thursday, July 13, 1995 INTRODUCTION OF H.R. 2043, THE ship; reverse contracting means that industry can decide how NASA will contribute its ex- The House in Committee of the Whole NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AU- pertise to the program, and not the other way House on the State of the Union had under around. consideration the bill (H.R. 1977) making ap- THORIZATION ACT propriations for the Department of the Inte- PIONEERING BASIC SCIENCE rior and related agencies for the fiscal year HON. ROBERT S. WALKER We are committed in H.R. 2043 to complete ending September 30, 1996, and for other pur- OF PENNSYLVANIA development of the highest priority basic poses: science missions in NASA. These programs, IN THE HOUSE OF REPRESENTATIVES Mr. YOUNG of Alaska. Mr. Chairman, I rise Gravity Probe-B, Cassini, the Advanced X-ray to offer an amendment to H.R. 1977, the Inte- Monday, July 17, 1995 Astrophysics Facility [AXAF], the Mars Sur- rior appropriations bill. My amendment re- Mr. WALKER. Mr. Speaker, today I am in- veyor, the Stratospheric Observatory for Infra- duces funding for two unnecessary aircraft troducing H.R. 2043, the National Aeronautics red Astronomy [SOFIA], represent the core and some vehicles to be used by the U.S. and Space Administration Authorization Act, science mission that NASA should be focus- Fish and Wildlife Service. These savings are fiscal year 1996. Mr. Speaker, the Committee sing on as it returns to its original mission as then made available to the Bureau of Indian on Science has devised a visionary, yet pru- the Nation's leader in basic scientific, air and Affairs for two purposes. dent alternative to the two very different ap- space research. Originally NASA had pro- In 1906, Congress enacted the Alaska Na- proaches we have seen thus far this budget posed terminating Gravity Probe-B, if possible, tive Allotment Act to allocate lands to Native year. to make room for two new programs in infra- Alaskans. The Alaska Native Claims Settle- The first approach was contained in the red astronomy, SOFIA and the Space Infrared ment Act of 1971 repealed the 1906 Allotment President's Budget Request for NASA. It said, Telescope Facility [SIRTF]. Our bill makes the Act and an allottee must have filed an applica- ``don't worry, trust us, we'll cut NASA's budget difficult choice to fund Gravity Probe-B and tion with the Department of the Interior by De- by $5 billion over the next 5 years.'' At the SOFIA, but not SIRTF. July 18, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1451 Originally, the Appropriations Subcommittee ing Office estimates that the EOS will cost sions. The failure to produce realistic budget had proposed terminating Cassini, NASA's some $33 billion through its completion. estimates to carry out the programs underway high reward science mission to Saturn. Mr. Speaker, we must ask ourselves if this led to the cancellation of programs that had al- Cassini is an extremely valuable basic science $33 billion dollar expenditure to collect earth ready consumed billions of taxpayer dollars. mission, as evidenced by the fact that our Eu- environmental data is efficient, especially for The Comet Rendezvous Asteroid Fly-by, the ropean partners have devoted the equivalent the user community it will directly serve. For original Advanced X-ray Astrophysics Facility, of an entire year's science funding to develop example, NASA estimates that EOSDIS will the Advanced Solid Rocket Motor, and Space the Cassini Huygens probe, which is their con- receive some 2,100 gigabytes of new data Station Freedom are among the casualties of tribution to the program. If terminated now, every day, or 766,550 gigabytes of data every this reckless budget strategy. with less than 25 percent of its development year. NASA estimates that the entire earth The fiscal year 1996 Request once again cost remaining, Italy's bilateral contribution to science community has some 10,000 potential underfunds what is needed to do the job, the Cassini mission would also be wasted. As users, including graduate and undergraduate based on the programs approved by Congress America seeks to do more in space with less students. Mr. Speaker, that means that each last year. Yet, the underfunding of $140 million money, Mr. Speaker, we cannot afford to user will have to analyze 76.6 gigabytes of in the fiscal 1996 budget request came the abandon international agreements where other data every year just to process the data. For closest of all years in matching program re- nations have pledged their national treasure to comparison, a new personal computer with a quirements with the budget requested. work with the United States. H.R. 2043 funds Pentium processor is capable of holding .008 Beginning in fiscal 1997, the President's the complete development and launch of gigabytes of data in its RAM memory, and budget proposes to widen the gap again, Cassini. perhaps 0.9 gigabytes on its hard-drive. Our based on arbitrary budget reductions of 3 per- Similarly, it would be a mistake to summarily fear, Mr. Speaker, is that NASA is buying a cent in 1997, 5 percent in 1998, 7 percent in terminate the Gravity Probe-B mission, which present for earth watchers that is too big to fit 1999 and 9 percent in 2000. We believe this was first conceived of by Stanford University under their tree. will lead only to repeating the mistakes of the in 1967, to empirically prove Albert Einstein's Second, we must recognize that the govern- past and the summary cancellation of impor- Theory of Relativity. Less than 30 percent of ment no longer has a monopoly on the pro- tant missions into which taxpayers have al- the spacecraft, launch, and operations cost to duction of earth images and scientific data ready invested significant amounts. The only complete this singularly important research re- sets. Several companies are in the process of reasonable way to reduce NASA's budget is to mains. Rather than throw away nearly 30 selling earth-remote sensing data commer- address program requirements, including the years of dedicated research and development cially. More are preparing to launch their own size the scope of missions undertaken. aimed at testing, at last, the most fundamental satellites to gather data. Proceeding without NASA IN A BALANCED FEDERAL BUDGET of physics assumption of our century, H.R. regard to the cost savings that will be made Breaking the pattern of underfunding mis- 2043 funds Gravity Probe-B. possible by the emergency of this industry is sion requirements is especially challenging in SETTING FISCAL PRIORITIES foolhardy. EOS could also become a competi- the fiscal environment demanded by a bal- Mr. Speaker, some of our colleagues will tor of this new commercial enterprise, throwing anced federal budget. We believe NASA must wonder at hearing this news, how come NASA people who build satellites, and analyze and adhere to basic research as its principal mis- is not cutting its budget? Well, in fact, we are collect data for the private sector out of work. sion in order to set a strategic direction for it- cutting NASA's budget by a total of $598 mil- Mr. Speaker, our bill does not end Mission self in a future of declining budgets. lionÐor 4% in real termsÐbelow the Presi- to Plant Earth. It cuts the President's request Therefore, the reductions in mission content dent's request. H.R. 2043 authorizes NASA at by some $324 million, or 24%, but still author- proposed by this bill are aimed not only at the $741 millionÐor 5% in real termsÐbelow the izes NASA to spend over $1 billion dollars for current year budget resolution target, but are current spending level. this activity in fiscal year 1996. H.R. 2043 sim- also chosen to reduce future years' funding re- How did we do it, Mr. Speaker? We decided ply directs NASA to rescope the program for quirements. Every effort is made to prevent to put our eggs in the basic science and re- maximum efficiency and in the context of the cancellation of programs in which large invest- search basket, and back away from applied private sector's growing capability to meet ments have already been made. research and applications. While spending NASA's data requirements. The priority is given to roles and missions of more than $1 billion in fiscal year 1996, it is In Aeronautical research we make some NASA aimed at basic research and discovery, hard to suggest we have abandoned the Mis- hard choices, again favoring the more basic, as opposed to applications work. The long- sion to Planet Earth. We will scale if back and more fundamental, and less applied research term goal implied by the bill is to achieve a restructure it in order for basic science to ob- over those things that already bear balance among NASA's strategic enterprises tain priority once again. When the Earth Ob- communical value and in which the private that allows basic space scienceÐastronomy, serving System was started in 1989, NASA sector already has sufficient incentive to pur- astrophysics, life and microgravity science, was given the job of developing spacecraft sue. and planetary scienceÐto become a full 20 sensors and satellites for each science re- Mr. Speaker, Subcommittee Chairman Jim percent of the NASA budget as recommended searchers to use. As a result, as long as the Sensenbrenner and I are proud of the bill we by the Augustine Committee in 1990. funding for this service to others continued to are introducing today, not only for what it does In order to ultimately reduce the overhead be provided in Presidential budget requests, to solve the problems facing NASA this year, launch cost of performing any space activities, NASA enjoyed a growing budget and its out- but because our bill takes NASA on the high the development of the next generation of re- reach to the earth science community. road to the future. usable launch vehicles, is an essential invest- Mr. Speaker, those days are over. The gov- NASA UNDERFUNDING ment that NASA must make to survive. Basic ernment added Mission to Planet Earth to Looking back, my colleagues should recog- research in cutting-edge technologies like sin- NASA's programs at a time when NASA ex- nize that NASA's reductions to help achieve a gle stage to orbit systems will enable yet pected its budget to grow by some 10 percent balanced federal budget are nothing new. greater science and discovery at lower costs. a year to accommodate this new application of Since 1992, NASA's budget has been declin- Other enterprises of the agency will com- the agency's technical capabilities. If those ex- ing each year. In all NASA has reduced it's pete for the remaining resources provided in a pectations were ever realistic, they certainly total budget by 35 percent since 1991. Using declining budget. The opportunity for funding are not now. This does not mean that we the current year as an example, NASA had of these enterprises, including the earth need to cancel Mission to Planet Earth at this planned programs in its budget for fiscal year science applications, applied technology pro- time, however. Instead, two things must now 1991 that today would require a NASA budget grams for aircraft, and various outreach and happen for NASA to continue applying its ca- of nearly $21 billion. Instead of $20.9 billion, academic program efforts, will depend on the pabilities to earth data collection in a fiscally NASA got $14.4 for fiscal year 1995. The ability of NASA to right-size its base of assets sound manner. problem is not only that NASA's budget has to the sharper focus of its missions hence- First, we must consider the size and scope been reduced, but the way in which it has forth. of the Earth Observing Satellite [EOS] system been reduced. RESTRUCTURING NASA and its data distribution system, EOSDIS. The Like no other, NASA is an agency that has Our bill recognizes the real necessity for Mission to Planet Earth program will extend to consistently asked for less money than it NASA to restructure itself in order to meet the the year 2022 and in the year 2000 the budget needed to do the job. Since 1992, NASA's challenges facing space in the next century. for this program will grow to $1.6 billion. NASA budget has been declining against looming The Administrator of NASA has worked hard has been reticent to provide detailed cost data programmatic requirements. The result has to produce a zero-base review which will help beyond the year 2000. The General Account- been devastating to agency morale and mis- him reorganize NASA's activities into lead E 1452 CONGRESSIONAL RECORD — Extensions of Remarks July 18, 1995 centers and specialized institutes. We applaud ward. We are moving forward, building great sory Council similarly recognizes the impor- this effort, and will work with NASA to carry science, and appropriately right-sizing the tance of citizens. out the reforms of the zero-base review, in- NASA infrastructure. We commend our ap- Eliminating the Advisory Council on Historic cluding privatization of the Space Shuttle. proach to our colleagues, and look forward to Preservation runs counter to the very prin- At the same time, we recognize the Admin- working with the Senate to enact the kind of ciples of citizen involvement on which our istrator had two constraints placed on him that reform-oriented NASA authorization proposed country was founded. The Advisory Council on prevent a permanent solution to the here today. Historic Preservation deserves our support, underfunding problem. The zero-base review f and I urge the passage of this amendment. was not allowed to cancel NASA programs f and was not allowed to result in the closing of DEPARTMENT OF THE INTERIOR any of NASA's field center installations. Those AND RELATED AGENCIES APPRO- INTRODUCTION OF H.R. 2043, THE constraints were self-imposed, but as a result, PRIATIONS ACT, 1996 NASA AUTHORIZATION ACT FOR the promised savings from this effort ring hol- FISCAL YEAR 1996 low. SPEECH OF In H.R. 2043, we propose the only credible, HON. ELIZABETH FURSE HON. F. JAMES SENSENBRENNER, JR. reasonable way to achieve a radical restruc- OF OREGON OF WISCONSIN turing of NASA. That is, by a complete review IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES of all NASA's capital assets: every piece of Tuesday, July 18, 1995 equipment, every building, every truck, every Thursday, July 13, 1995 test facility, every everything. By looking at as- The House in Committee of the Whole Mr. SENSENBRENNER. Mr. Speaker, on sets, we can see two costs: people who sup- House on the State of the Union had under July 17, 1995, Representative WALKER and I port the asset, and the mission supported by consideration the bill (H.R. 1977) making ap- introduced the National Aeronautics and the asset. This kind of review is needed since propriations for the Department of the Inte- Space Administration Authorization Act for Fis- NASA now owns more thingsÐand has more rior and related agencies for the fiscal year cal Year 1996 in order to continue the process people to use those thingsÐthan for which ending September 30, 1996, and for other pur- of prioritizing NASA's missions and programs poses: there is a purpose. for the remainder of this century. The Up until our proposal, the conventional Ms. FURSE. Mr. Chairman, I rise today in multiyear space station authorization bill, budget cutters would look only at the number support of this amendment to transfer $2 mil- which the Subcommittee on Space and Aero- of people or the missions. Decisions were lion from the salaries and administrative ex- nautics and the full Science Committee en- being made on whether to cut raw numbers of penses of the Department of the Interior to the dorsed by wide margins with strong bipartisan people, close whole research centers, or can- Advisory Council on Historic Preservation, support, placed the space station at the top of cel missions. These decisions can be terribly which is slated for elimination under the cur- NASA's list of priorities and provided the pro- flawed and costly since missions require spe- rent language of the bill. In this day and age grammatic stability NASA needs to reduce cialized skills and equipment that are, in fact, of shifting decisionmaking power to the local costs. The bill builds on this strategy to focus well distributed across the NASA system. level, it makes sense to keep the Advisory NASA on the goal of becoming the leading Our asset base review will turn the system Council. R&D agency it once was. By moving NASA on its head and look at the building blocks of An independent Federal agency, the Advi- away from operating large, expensive pro- the modern NASA budget: the maintenance sory Council plays a critical role in ensuring grams such as the space shuttle and Mission and operations of capital assets. We propose that local residents have an opportunity to pro- to Planet Earth, this authorization act will en- to go to each such asset and ask, ``What does vide input on Federal projects that affect the able NASA to focus on those activities which this piece of equipment do for a mission? Who historic and cultural resources in their commu- the agency does best, namely space science uses it? Why do they need it?'' This approach nity. If the Advisory Council is eliminated, citi- and technological research. At the same time, will avoid the political and scientific pitfalls that zens will not be guaranteed a voice and the the bill preserves U.S. national interests in the have destroyed NASA's previous efforts to re- process will suffer as decisionmaking be- space shuttle and Mission to Planet Earth by form itself. comes less participatory and, hence, less rep- laying the foundation to privatize the space Our approach will not be vague. You won't resentative. shuttle and bring the emerging commercial re- hear us say, ``Let's cut the fat.'' If it's not being Without the Advisory Council and the ac- mote sensing industry into Mission to Planet used to perform a mission, it's fat. If it's not companying section 106 process, the average Earth. being used enough, or alternatives exist else- person would be shut off from the consultation By taking these steps, we bring new reve- where in Government or through the private process. Decisionmaking will become exclu- nue streams and capital assets from the pri- sector, NASA will go elsewhere, and not retain sive and subject to domination by Federal offi- vate sector into Government space missions. an underutilized asset. At the same time, if as- cials and narrow interest groups. More importantly, we introduce market effi- sets are needed, but are too old or too ineffi- It is imperative that we maintain funding for ciencies into the large operating systems that cient to do the job they are assigned, we will the Advisory Council to allow communities to NASA created but was never intended to run. work to upgrade or replace essential assets continue to have a voice. After all, it is the In this manner, Congress enables NASA to le- on a cost-benefit basis. people at the local levelÐnot the Federal bu- verage its resources against those space ac- Once the asset base review is completed, reaucrats in Washington, DCÐwhose neigh- tivities that the private sector cannot perform. the President will propose to Congress, no borhoods and towns will be impacted by Fed- As needed as these measures are, this bill later than September 30, 1996, legislation to eral projects. is also important for what it does not do. The implement the Administrator's recommenda- In my home State of Oregon, the section Fiscal Year 1996 NASA Authorization Act tions based on the asset base review. In the 106 process allowed public comment on the does not force the precipitous closing of any meantime, we prohibit the Administrator from construction of the federally-assisted light rail NASA field centers. While we have encour- closing any of NASA's field centers. The Ad- transit project as it was being planned in the aged NASA Administrator Daniel Goldin to ministrator may only close a field center if it is 1980's. The local landmarks commission and more aggressively to streamline and consoli- rendered obsolete as a result of the Adminis- Portland businessowners, among others, were date the NASA bureaucracy, Congress must trator's recommendations, after enactment of able to suggest ways to counteract the nega- ensure that this process proceeds logically the implementing legislation submitted by the tive effects of the new construction on two im- and with long-term programmatic goals in President. portant downtown historic areasÐSkidmore mind. NASA's ongoing zero-based review is Mr. Speaker, H.R. 2043 is a real alternative. Old Town and Yamhill District, both of which the first attempt to restructure the agency with- We navigate between the constraints NASA are recognized as national historic landmarks. out affecting its programs. While this is a com- imposed on itself to bring fundamental change As a result of local involvement through the mendable effort, congressional action to to the Nation's space agency. We navigate section 106 process, special historic-styled prioritize NASA programs will also have an im- between the pressures facing our colleagues benches and shelters were installed and the pact on the agency's structure. The authoriza- on the Appropriations Committee and suggest cobblestone paving around the historic tion bill Chairman WALKER and I introduced a way to set NASA's priorities on basic re- Skidmore Fountain was restored. As the in- begins this process by focusing first on search. In conclusion, I urge all of my col- scription on the Skidmore Fountain reads, NASA's priority programs and then calling for leagues to read the bill and consider the direc- ``The riches of the city are its citizens.'' The an assessment of Government assets that tion H.R. 2043 takes NASA and the Nation to- section 106 process carried out by the Advi- match those priorities. This assessment will July 18, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1453 enable the NASA Administrator to identify rean, were taken from their homes and forced mand that the chairman of the losing party those elements of NASA that are crucial to its to serve in these camps as comfort women. resign to take responsibility. And if future and then empower the President to They were repeatedly raped, often by dozens Murayama were to step down as party lead- er, he would give up the prime minister’s work with Congress on those bureaucratic ad- of soldiers per day. spot as well. justments deemed necessary to bring the As a result of their bondage, many suffer Even if voting day turns into disaster for agency into line with national priorities. Our bill long-term effects of venereal diseases and the Socialists, Murayama might avoid the complements the intention of the VA/HUD/ psychological disorders. In these cultures, worst-case scenario. The grandfatherly 71- Independent Agencies Appropriations Sub- rape and prostitution carry such a stigma, that year-old heads an unlikely liberal-conserv- committee to have the NASA Administrator re- many of the comfort women may never come ative coalition government. The parties port his intentions for bureaucratic streamlining forward due to the shame associated with the can’t seem to agree on a possible replace- to Congress prior to any action, but does not degradation. Those who came forward did so ment, so Murayama clings to his job despite meager approval ratings. empower the Administrator to close any NASA after many years and risked ostracism by their Still, a big loss on election day would pre- field centers without first studying the implica- families to do so. sumably weaken him even more. tions of and seeking congressional approval Until 5 years ago, Japan flat out denied the There are some 20 parties competing in the for such an action. existence of these comfort women. Even after election campaign. They range from major In the end, this bill will help us build a new 1992, when they owned up to these war political forces like the Liberal Democratic NASA that once again can lead the United crimes, the Japanese Government denied any Party—the most conservative of the major States into a sound economic and techno- legal responsibility to the women involved. parties—and the reform-minded New Fron- tier Party to tiny, ad hoc groupings such as logical future. Last week, however, Japanese Prime Minister the UFO Party, the Refreshing New Party f Tomiichi Murayama reached out to these and the Sports and Peace Party, headed by a women, announcing that Japan will send offi- pro wrestler. TRIBUTE TO THE CITY OF cial letters of apology to the surviving Korean The campaign has failed to grab the atten- BLAKESLEE ON THE OCCASION victims, make financial reparations, and pro- tion of the public; voter apathy is so broad OF ITS 100TH ANNIVERSARY vide medical care for the abuse that they en- that many experts think the turnout will dured. I commend the Japanese Government drop below 50 percent for the first time in a national election. HON. PAUL E. GILLMOR for taking such strong action on behalf of All parties seem to be presenting similar, OF OHIO these women. I hope that Japan's acknowl- if vague, plans to revive the sputtering econ- IN THE HOUSE OF REPRESENTATIVES edgement of their responsibility will aid the omy. The issue agenda is so blank that more Tuesday, July 18, 1995 healing for the victims. than two dozen of the candidates around the JAPAN TO APOLOGIZE TO ‘‘COMFORT WOMEN’’— country are TV, movie or sports personal- Mr. GILLMOR. Mr. Speaker, it gives me PRIME MINISTER PLANS LETTER TO WWII ities hoping to trade on their famous names. great pleasure to rise today and pay tribute to VICTIMS In those circumstances, it could make good political sense for Murayama to offer his an exceptional city located in Ohio's Fifth Con- (By T.R. Reid) gressional District. This year, the city of bold proposal on the comfort women. TOKYO.—Facing serious political trouble in Igarashi said the government will an- Blakeslee, will celebrate the 100th anniversary a national election 10 days away, Japan’s nounce next week the creation of a fund-rais- of its founding. pacifist Prime Minister Tomiichi Murayama ing campaign called ‘‘The Asian Peace and Blakeslee is located in Williams County in has made a daring decision: He plans to send Friendship Fund for Women,’’ which will col- northwest Ohio. The area has a rich history official letters expressing ‘‘humble apolo- lect private donations plus government dating back to earliest settlements in the Ohio gies’’ to hundreds of victims of Japanese bru- money to provide compensation and treat- Territory. Its position above the St. Joseph tality during World War II. ment for any survivor of the sex-slave pla- Chief Cabinet Secretary Kozo Igarashi said toons. River made it a favorite for pioneers traveling the unusual plan would be announced next West. The city itself dates from its incorpora- When these funds are distributed to the week—just before the July 23 election for the surviving comfort women, they will be sent tion in 1895. upper house of the national Diet, or par- with a letter, signed by the prime minister, Today, Blakeslee is a community renowned liament—as part of a broader plan of aid and expressing ‘‘humble apologies’’ for the suf- for its civic pride and commitment to service. compensation for so-called ‘‘comfort fering the Imperial Japanese Army caused Throughout its history there has never been a women’’ in several Asian nations. the women half a century ago. The apology, lack of enthusiasm or volunteer labor for its ‘‘Comfort women’’ is the term used here to Igarashi said, will be expressed in highly re- many projects. The citizens have continually describe the hundreds of thousands of women spectful, subservient language—a linguistic who were forced to serve as sex slaves for form of groveling. displayed the Ohio tradition of neighborliness Japanese soldiers fighting in various Asian and caring for others. The proposal for a fund-raising campaign nations during the war. About 800 to 1,000 of was set forth tentatively last month. Some Mr. Speaker, anniversaries are a time to re- these women are believed to be alive today, of the surviving women praised the idea, as flect upon past accomplishments. They are and each one will receive a personal letter did the government of South Korea, the na- also a time to look toward new horizons. I ask from the prime minister, Igarashi said, as tion where the largest number of survivors my colleagues to join me today in recognizing well as cash and medical care. live. Others said the plan was inadequate. the history and achievements of the city of If Asian nations accept the step as a sin- But the idea of a personal letter from Ja- Blakeslee and encouraging its citizens to con- cere Japanese apology, the letters might pan’s head of state has not been broached help alleviate lingering bitterness toward tinue to uphold its impressive legacy. here previously. Igarashi revealed it today in Japan in the region. The forced prostitu- a meeting with foreign reporters. His goal f tion—which Japan has only acknowledged in may be to have the proposal for a ‘‘humble the past five years—is one of the cruelest apology’’ letter reported widely overseas, JAPAN APOLOGIZES TO COMFORT memories of Japan’s harsh colonial rule over giving the letter some quality of a fait WOMEN much of east Asia in the 1940s. accompli. In domestic political terms, though, the But Murayama and his political advisers HON. PATRICIA SCHROEDER move is a gamble, because any form of apol- may have decided that a battle with conserv- ogy for World War II has proven controver- atives on this point could be a political plus OF COLORADO sial here. in the days before the national election. IN THE HOUSE OF REPRESENTATIVES But it is something Murayama—long a bit- Last month, when Murayama pushed for Tuesday, July 18, 1995 ter critic of Japan’s aggression in the war— passage of a formal parliamentary resolution believes in personally. And the prime min- of ‘‘deep remorse’’ for Japan’s aggression, his Mrs. SCHROEDER. Mr. Speaker, during ister is in such hot water politically that a efforts seemed to shore up his standing with World War II, the Japanese military was quite dramatic move may be worth a try. the public. Although veterans’ groups and brutal in its conquests. They raped and pil- The coming election will choose 126 mem- nationalist conservatives are bitterly op- laged their way across Asia. At some point the bers of the Diet’s upper house. Because the posed, opinion polls here repeatedly show Japanese became concerned that the rapes upper house has only limited powers, the that most people agree Japan should apolo- would provoke a backlash against Japanese elections for half its seats every three years gize for its role in the war. are often meaningless. For Murayama, how- The need for an apology is more broadly troops. Therefore, the military established ever, this one could prove momentous. accepted in the case of the comfort women comfort stations, wherever they wentÐfrom Polls and pundits suggest that Murayama’s than for other Japanese actions. But there the Korean peninsula to the Burmese moun- Socialist Party could lose up to three-quar- are still some politicians who say Japan’s tainsÐto provide sexual services to their sol- ters of the 41 seats it has at stake. In normal use of sex slaves was not different from what diers. Over 100,000 young women, mostly Ko- times, Japanese political tradition would de- other armies tend to do. E 1454 CONGRESSIONAL RECORD — Extensions of Remarks July 18, 1995 CHINA’S BROKEN PROMISES able from nonpeaceful ones) could yet sink Service; and ``Yea'' on rollcall vote 511Ð the proposed treaty. Transferred $2 million from salaries in Interior Not all of this behavior has contravened to Council for Historic Preservation. HON. FORTNEY PETE STARK the letter of the international rule book, OF CALIFORNIA though at times China seems to have will- f fully undermined its spirit. However, when it IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO THE CITY OF MONT- Tuesday, July 18, 1995 comes to the promise to abide by the restric- tions of the MTCR, there is gathering evi- PELIER ON THE OCCASION OF Mr. STARK. Mr. Speaker, I would like to dence that China has systematically and de- ITS 150TH ANNIVERSARY share with you a recent article which appeared liberately broken its promises. China is not in the magazine The Economist which illus- yet a member of the MTCR, but it agreed HON. PAUL E. GILLMOR last year in a joint statement with America trates the dangers of China's weapons pro- OF OHIO liferation. Since China's nuclear missile pro- that it would not, in the future, contravene the MTCR’s guidelines. This promise of cor- IN THE HOUSE OF REPRESENTATIVES motion threatens every country, it is imperative rect behavior enabled America to lift some Tuesday, July 18, 1995 that the United States adopt policies which commercial sanctions on China’s space in- promote peace and not appeasement. Follow- dustry. These had been imposed because, de- Mr. GILLMOR. Mr. Speaker, it gives me ing is a text of the article: spite public denials, China had sold the parts great pleasure to rise today and pay tribute to CHINA’S BROKEN PROMISES: THE WORLD for MTCR-busting missiles to Pakistan, and an exceptional city located in Ohio's Fifth Con- NEEDS TO MAKE IT KEEP THEM possibly others. Now evidence is accumulat- gressional District. This year, the city of Mont- When it comes to establishing a workable ing that more Chinese missile parts are pelier will celebrate the 150th year of its order out of the post-cold-war chaos, there going to Pakistan; missile-guidance systems founding. are few more frustrating—or more important and clever machine-tools for making sophis- Located in northwest Ohio along the banks ticated missiles are also thought to be going tasks than to bind China into the inter- of the St. Joseph River, the city dates from national game. Proud, prickly and, of late, to Iran. As always, it will be hard to come up with cast-iron proof that the agreed rules 1845 when Jesse Tucker and J.K. Bryner sub- worryingly pugnacious, China has always mitted the original plat map. The vision at its seen itself as an outsider. In the days when have been broken. But the evidence gathered two superpowers, the United States and the so far is strong enough—and worrying founding 150 years ago was to be a village Soviet Union, competed to be the top dog, enough—for China to be asked by America to where people live and work together and op- China could bend or break the rules with im- explain itself. Once the proof is in, American portunities abound. punity, playing one off against the other. law dictates that sanctions be applied forth- The same vision is true today. Montpelier is But now, whether it is smothering regional with. renowned throughout Ohio. The village voters The missile issue could not have conflicts, or controlling the spread of mis- have consistently supported the municipal siles and weapons of mass destruction, co- reappeared at a more awkward moment. Re- lations between China and America are badly park system and residents now enjoy a park operation, more than competition, is the that is the center of summertime activity. Also, name of the big-power game. Meanwhile, strained over President Clinton’s decision China is emerging as a more muscular power, earlier this year to allow the president of the community has provided students in the in Asia and beyond. For both reasons, China Taiwan—which China regards as a rebellious Montpelier schools with three outstanding new needs to be encouraged to drop its finger-in- province only temporarily out of its con- athletic facilities in the past several years. your-eye habit. trol—to pay a private visit to the United Montpelier is visited by thousands of tourists For a while, it seemed as though China States. Indeed, the two issues may yet be- who come to enjoy theatrical productions of come more dangerously entangled: at times might be preparing to do just that. Three the Williams County Playhouse. The theater years ago, it did a U-turn and signed the Nu- in the past China has shown its displeasure when America has tilted towards Taiwan by provides top quality entertainment in a setting clear Non-Proliferation Treaty (NPT). It has that includes newly renovated seating and air- since committed itself, along with the other deliberately stepping up military sales to four undeclared nuclear powers, to reach a the world’s outlaw states, and may do so conditioning. comprehensive test ban in 1996. And last year again. The friendly and caring attitude of the resi- it promised America that it would hence- Yet, however damaging the missile issue dents is shown in many, many ways. The forth observe the guidelines of the Missile- may seem, the greater harm would come community supports charitable activities Technology Control Regime (MTCR), which from trying to duck it. The world has too through the annual United Fund campaign. seeks to prevent the spread of those missiles much to lose by turning a blind eye to mis- sile proliferation promoted by any country, The Montpelier Area Foundation is a growing (along with the technology and equipment to trust fund that provides for improvements af- build them) whose range and payload make let alone one the size of China. And this kind of proliferation, like the nuclear kind, is a fecting the quality of life of its residents. them capable of carrying a nuclear warhead. Mr. Speaker, anniversaries are a time to re- But look at what China does, not what it threat to all. It should be dealt with by as says: after seeming to accept these rules, it many countries as possible, not just Amer- flect upon past accomplishments. They are has bent, or broken, all of them. ica. When America first imposed sanctions also a time to look toward new horizons. I ask In an effort to bolster the authority of the on China for its missile sales, European com- my colleagues to join me today in recognizing NPT, and to put pressure on the handful of panies were among those competing to pick the history and achievements of the city of countries that remain outside it, the other up the business that American companies were being asked to forgo. If, once again, it Montpelier and encouraging its citizens to con- main nuclear suppliers now refuse to sell tinue to uphold its impressive legacy. parts and materials to countries that do not comes to sanctions on Chinese industries, accept full international checks on their nu- Europe and Japan should lean just as hard on f their companies as America does on its, to clear industry. As a consequence, India, one BURMESE NOBEL PEACE PRIZE of the NPT hold-outs suspected of having the ensure that everyone toes the line against bomb, had been finding it hard to get the en- proliferation. WINNER FREE AT LAST riched uranium it needed to refuel one of its f nuclear reactors—until China sold it the HON. PATRICIA SCHROEDER PERSONAL EXPLANATION stuff. The Indian deal may be a one-off, but OF COLORADO China has long kept band nuclear company; IN THE HOUSE OF REPRESENTATIVES it has worked closely with Pakistan, another NPT refusenik that has the bomb, helped HON. J.C. WATTS, JR. Tuesday, July 18, 1995 OF OKLAHOMA fend off action by the U.N. Security Council Mrs. SCHROEDER. Mr. Speaker, on July against North Korea, which is thought to IN THE HOUSE OF REPRESENTATIVES 10, 1995, Aung San Suu Kyi stepped outside have cheated on its NPT promises in order to Tuesday, July 18, 1995 get one, and is expanding cooperation with her house for the first time in 6 years. Since Iran, which wants one. Mr. WATTS of Oklahoma. Mr. Speaker, due July 1989, Aung San Suu Kyi, leader of the In a similar vein, when the NPT was ex- to an unavoidable prescheduled speaking en- National League for Democracy [NLD] and a tended indefinitely this year, and the nu- gagement in my district, I missed four votes. 1991 Nobel Peace Prize winner, has been clear powers, including China, promised the If I had been here I would have voted: ``Nay'' held incommunicado under house arrest by ‘‘utmost restraint’’ in nuclear testing, China on rollcall vote 504ÐCut National Trust for the military government, the State Law and waited barely four days before setting off its next underground blast. China is by no Historic Preservation; ``Nay'' on rollcall vote Order Restoration Council [SLORC] of means the only nuclear power equivocating 509ÐAlter committee policy on the Mojave Mynamar, formerly known as Burma. over its test-ban promise, but its peculiar de- National Preserves; ``Yea'' on rollcall vote Aung San Suu Kyi's detention was part of a termination to have the right to conduct 510ÐTo strike funding for 59 new vehicles persistent and ongoing pattern of human rights ‘‘peaceful nuclear explosions’’ (indistinguish- and 2 airplanes for the U.S. Fish and Wildlife violations committed by the SLORC since they July 18, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1455 took power in 1988. When the SLORC took GOP PUTTING THE HURT ON The center serves residents from the coun- over, they imprisoned thousands who pro- SENIORS ties of Putnam, Paulding, Allen, Van Wert, De- tested against the single-party government on fiance, Lucas, and Sandusky. Under the lead- charges of violating martial law. HON. CARDISS COLLINS ership of Administrator Deborah Russ, and the center's dedicated staff of professionals and Aung San Suu Kyi spent almost a year be- OF ILLINOIS volunteers, it has steadfastly served northwest fore her arrest campaigning tirelessly for de- IN THE HOUSE OF REPRESENTATIVES Ohio for 25 years. mocracy, nonviolence, and human rights with Tuesday, July 18, 1995 Selecting a nursing facility for a loved one former defense minister Tin Oo, under the ru- Mrs. COLLINS of Illinois. Mr. Speaker, as can be an extremely difficult decision for any- bric of the National League for Democracy. big business and the wealthy in this country one. Paradise Oaks understands this and Aung San Suu Kyi's house was raided by the gather in their boardrooms and backyards to strives to make the decision-making process SLORC on July 20, 1989, and she was ar- salivate over the massive tax breaks included as smooth and gentle as possible. rested for ``endangering the safety of the in the Republican budget proposal, millions of Mr. Speaker, anniversaries are a time to re- state.'' She has been held these last 6 years our Nation's seniors sit at home in fear of los- flect on past accomplishments. They are also without formal charges, unable to commu- ing a great portion of their health care cov- a time to look towards new horizons. The staff nicate even with her family in England. In spite erage due to the $270 billion in cuts to the at Paradise Oaks has made it their respon- of her imprisonment, her party, the NLD, won Medicare program that my colleagues on the sibility to serve those in need by keeping pace 81 percent of the seats in the government. other side of the aisle are ramming through with the ever increasing challenges facing The military government did not acknowledge this body. mankind. I ask my colleagues to join me today the election results. Just what kind of priorities does the majority in recognizing the achievements of the Para- have? They want to gut Medicare to provide a dise Oaks Quality Care Center and encourag- She is now free to resume her fight for de- $245 billion tax cut to those who least need it ing them to continue to uphold what has be- mocracy. I hope she continues her struggle at a time when we can least afford it. Their come the standard for service in Ohio. the same way she began it: Selflessly, tire- answer to the Federal health care challenges f lessly, and with complete dedication to bring- facing this country seems to be a quick phone ing democracy and respect for human rights to call to Dr. Kevorkian. PERSONAL EXPLANATION her people. There is no doubt that the Republicans are HON. PHILIP M. CRANE f planning to balance the budget on the backs of seniors and then hand them the check OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES THE $36-BILLION-DOLLAR MAN when the bill comes due. In fact, the Washing- ton Times recently reported that the GOP Tuesday, July 18, 1995 leadership has agreed to ``offer seniors more Mr. CRANE. Mr. Speaker, due to the death HON. FORTNEY PETE STARK choices in the private health care market as of my father, today I am requesting a leave of an alternative to Medicare,'' and are set to absence after 2:00 p.m. I am also requesting OF CALIFORNIA ``raise premiums or reduce reimbursements'' a leave of absence for Wednesday, July 19. for seniors drastically. IN THE HOUSE OF REPRESENTATIVES f Talk about a sham, Mr. Speaker. The GOP Tuesday, July 18, 1995 obviously doesn't believe in any contract with ENDANGERED SPECIES ACT older Americans. If they did we wouldn't be Mr. STARK. Mr. Speaker, by detaining having this debate. Harry Wu and charging him with crimes pun- HON. RON PACKARD f OF CALIFORNIA ishable by death, China shows that its govern- IN THE HOUSE OF REPRESENTATIVES ment can be arbitrary and cruel as Mr. Wu's PERSONAL EXPLANATION research indicates. For those who are consid- Tuesday, July 18, 1995 ering trade with China, they should be fully HON. NICK J. RAHALL II Mr. PACKARD. Mr. Speaker, for decades conscious of the human rights violations by OF WEST VIRGINIA the liberals in Congress have distorted the their potential trading partner. IN THE HOUSE OF REPRESENTATIVES original intent of the Endangered Species Act to further their extreme agendas. In Novem- If you are planning to trade with the Peo- Tuesday, July 18, 1995 ber, the voters cried foul and asked Repub- ple's Republic of China, you should see or Mr. RAHALL. Mr. Speaker, due to a delayed licans to restore rationality to our environ- read about the so-called, state-secrets Mr. Wu flight on July 17, 1995, I was forced to miss mental laws. is accused of stealing from them. These state rollcall vote 512 on H.R. 1977, the Stearns Our reform proposal stops the radical envi- secrets are actually horrendous human rights amendment to reduce the bill's $99.5 million ronmentalists in their tracks. They will no violations. Mr. Wu has exposed the true condi- for the NEA to $89.5 million, beginning the longer ride roughshod over our property rights. tions and purposes of the Chinese prison sys- phase out of the agency over 2 years rather Instead, Republicans will protect our natural tem. Mr. Wu spent nearly two decades in the than 3 years as envisioned under the bill. Had resources as well as our freedoms. Chinese gulag. He has traveled back to China I been present, I would have voted ``no'' on In its current form, the Endangered Species at great personal risk and has collected rollcall vote 512. Act creates perverse incentives for landowners photos and anecdotes revealing the brutal f to destroy habitat which could attract endan- treatment the prisoners receive and the illegal gered species. Once these animals migrate human organ trade which proliferates in the TRIBUTE TO PARADISE OAKS there, landowners lose their property rights to camps. The BBC, CBS, and NBC television QUALITY CARE NURSING AND the snails, birds, or rats who happen to move have all aired documentaries based on Mr. REHABILITATION CENTER ON in. In essence, the ESA, as currently written Wu's research. THE OCCASION OF ITS 25TH AN- discourages the very practices which will ulti- NIVERSARY mately protect endangered species habitats. All America was moved by the movie, Instead, we need to ask landowners to partici- ``Schindler's List.'' Mr. Wu's work is a reminder HON. PAUL E. GILLMOR pate in preserving our natural resources. Prop- that ``Schindler's List'' is not some dusty old OF OHIO erty owners are not villains. Everyone wants to historical tale. We today face the same moral IN THE HOUSE OF REPRESENTATIVES preserve our resources. challenge. We know that there are Chinese In addition, Federal bureaucratic administra- concentration camps. We know that the Tuesday, July 18, 1995 tion and enforcement of the Endangered Spe- camps produce goods for sale. Like most Ger- Mr. GILLMOR. Mr. Speaker, it gives me cies Act is tantamount to Federal zoning of man businessmen during Hitler's reign, we great pleasure to rise today and pay tribute to local property. State and local officials have no can go along and profit from what is happen- an outstanding organization located in Ohio's say in how the ESA is implemented and en- ing. Or we can take a stand and say that we Fifth Congressional District. On August 27, forced in their States and communities. State won't wallow in this sea of blood for the sake 1995, the Paradise Oaks Nursing and Reha- and local officials need to have greater con- of profits. bilitation Center will celebrate their 25th anni- trol. They know what is best for their commu- versary. nities. E 1456 CONGRESSIONAL RECORD — Extensions of Remarks July 18, 1995 Mr. Speaker, Congress passed the Endan- 80TH ANNIVERSARY OF THE INTRODUCTION OF THE INTER- gered Species Act more than 20 years ago. FOUNDING OF MAGNOLIA NATIONAL POPULATION STA- Originally intended to protect animals, this act BILIZATION AND REPRODUCTIVE hurts humans. It is time to give human needs HEALTH ACT at least as much consideration as those of HON. ROBERT E. ANDREWS birds, fish, insects, and rodents. The time has OF NEW JERSEY HON. ANTHONY C. BEILENSON come for a change. Private, voluntary, incen- OF CALIFORNIA tive-driven environmental protection is the only IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES effective and fair answer to this controversial Tuesday, July 18, 1995 law. Tuesday, July 18, 1995 Mr. BEILENSON. Mr. Speaker, on behalf of f Mr. ANDREWS. Mr. Speaker, I rise today to myself and Mrs. MORELLA, I am introducing a recognize an outstanding community, the Bor- TRIBUTE TO MARVIN D. ‘‘SWEDE’’ bill today to address the rapid growth of the ough of Magnolia. On May 12, 1915, a special JOHNSON world's population in a comprehensive man- election was held to create the Borough of ner. Our bill, which has also been introduced Magnolia. This year the borough recognizes HON. IKE SKELTON in the Senate by Senators SIMPSON and its 80th anniversary. In this year of celebra- BINGAMAN, would make the goal of population OF MISSOURI tion, I commend the people of Magnolia for stabilization, along with the improvement in IN THE HOUSE OF REPRESENTATIVES their commitment to their heritage and their health of women and children, a primary pur- Tuesday, July 18, 1995 community. pose of U.S. foreign policy. We are introducing this legislation because Mr. SKELTON. Mr. Speaker, many Missou- The history of Magnolia begins with the Lenni-Lenape Indians, who inhabited Magnolia we believe strongly that the United States rians, especially young Missourians, mourn must take determined action to address what the passing of Marvin D. ``Swede'' Johnson of over a hundred years ago. At the time, the In- dians lived and hunted in the forests of what is without a doubt the most urgent crisis facing Tucson, AZ. He was best known as a former humanity: The rapid rate of growth of the is today known as Magnolia. The name ``Mag- grand consul of the Sigma Chi Fraternity. He human population and its dire consequences nolia'' originated from a beautiful Magnolia was a friend and an inspiration to those who for the environment, for food supplies, for tree which grew on the Alhertson property at knew him and worked with him through the overcrowding, for immigration pressures, for years. 610 W. Eveshan Avenue. Prior to this, Magno- political stability, and for our own national se- Marvin D. Johnson, vice president of public lia was known both as Fredersville and Green- curity. affairs for Coors Brewing Co. for the past dec- land, and was located in old Gloucester Town- Global population is now nearly 5.7 billion, ade, died of complications from pulmonary fi- ship. and it is growing by almost 100 million every brosis. He was 66. Johnson was an academic Magnolia was originally divided into two yearÐby 260,000 every 24 hours. Future administrator for 35 years at the University of townships, each one having its own specialty. prospects, moreover, are even more stagger- Arizona and University of New Mexico before Commerce was the dominant industry in one ing. If effective action is not taken in the next joining Coors in 1985. He was renowned as a of the townships. In 1914 Assembly Bill No. 45 few yearsÐas today's 1.6 billion children in community leader and raised millions of dol- the developing world under the age of 15 lars for charities. was drawn up to create a new township in the County of Camden. On May 12, 1915, the reach their childbearing yearÐthe Earth's pop- Born November 2, 1928, in Willcox, AZ, ulation could nearly quadruple to 20 billion Johnson worked as a youth at his father's Borough of Magnolia was established. As the township grew, new forms of government were people by the end of the next century. ranch and feed store and earned 17 athletic In much of the developing world, high birth established. On July 27, 1915, a special elec- letters at Willcox Union High School. He re- rates, caused largely by the lack of access of ceived a scholarship at the University of Ari- tion was held to vote for a mayor and to es- women to basic reproductive health services zona and made the football team as a walk- tablish a council as the residing local govern- and information, are contributing to intractable on. After graduating from Arizona, Johnson ment. Harry B. Wolohan became the first poverty, malnutrition, widespread unemploy- stayed on 27 years as an administrator. He mayor of Magnolia. ment, urban overcrowding, and the rapid started out in a temporary position, then be- As the small community began to grow spread of disease. Population growth is out- came director of the student union before many changes took place. A train stop in the stripping the capacity of many nations to make being promoted to vice president for university heart of Magnolia brought many people into even modest gains in economic development, relations. From 1977 to 1985, Johnson was this community. It was these people that gave leading to political instability and negating vice president of student affairs at the Univer- Magnolia its small town character. Families other U.S. development efforts. sity of New Mexico in Albuquerque and served such as the Barretts, the Marshalls, the The impact of exponential population as chairman of the Western Athletic Con- Speegles, the Millers, and other civic minded growth, combined with unsustainable patterns ference. He moved to Coors in 1985. families made Magnolia what it is today. of consumption, is also evident in mounting At Arizona, the alumni foundation was signs of stress on the world's environment. named the Marvin D. ``Swede'' Johnson Build- With the help of the entire community Mag- Under conditions of rapid population growth, ing in 1993, when he also was awarded an nolia is making significant steps forward. renewable resources are being used faster honorary doctorate degree by the university. Progress can be seen in better roads, and a than they can be replaced. Other environ- Johnson considered his greatest career more extensive transportation system. An mental consequences of the world's burgeon- achievement the lobbying effort he directed to invigoration of environmentally aware citizens ing population are tropical deforestation, ero- establish a medical school at Arizona. He also is also taking place. These civic minded citi- sion of arable land and watersheds, extinction was international grand consul of the Sigma zens are becoming interested in preserving of plant and animal species, and pollution of Chi Fraternity from 1983 to 1984, and national the town's environment and heritage for future air, water and land. chairman for the Council for the Advancement generations. Overpopulation, however, is not a problem and Support of Education in 1980. He re- for lesser developed countries only. Rapid In this anniversary year, I commend the ceived the New Mexico Distinguished Public population growth in already overcrowded and Service Award in 1982, the same year he was town and people of Magnolia for their progress underdeveloped areas of the world has given elected to ``Who's Who in America.'' and accomplishments. With continued civic in- rise to an unprecedented pressure to migrate, He is survived by his wife, Stella; two volvement by all residents, Magnolia will con- as workers seek decent, and more hopeful daughters, Lynn Engel of Foster City, CA, and tinue to grow and thrive. I would also like to lives for themselves and their families. Accord- Karen Riebe of Tucson, AZ; a grandson, Mar- recognize Mary F. Martz whose extensive re- ing to a recent report by the United Nations shall Riebe; and a sister, Ann Johnson search of Magnolia I have relied upon heavily Population Fund [UNFPA], over 100 million McPherson of Houston. Many Members of this for these remarks. Happy anniversary. people, or nearly 2 percent of the world's pop- body had the opportunity to know Swede ulation, are international migrants, and count- through the years, He was an outstanding less others are refugees within their own leader, an inspiring example, and a good countries. Many of the world's industrialized friend. Those who knew him will truly miss nations are now straining to absorb huge num- him. bers of people, and in the future, as shortages July 18, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1457 of jobs and living space in urban areas, and mated 500,000 women die every year as a re- There has been a growing realization over resources such as water, agricultural land, and sult of pregnancy and childbirth. the last 10 years that population growth is not new places to dispose of waste grow even At the International Conference on Popu- a neutral factor in economic development but more acute, there will be even greater pres- lation and Development [ICPD], held in Cairo is a critical factor in environmental degradation sure to emigrate. last year, the United States was instrumental and sustainable development programs. It is For those of us from Los Angeles and other in building a broad consensus behind a com- also increasingly evident that any successful coastal urban areas that are magnets for im- prehensive Program of Action, which was efforts to address these problems must in- signed by almost all of the 180 countries that migrants, world population growth is not an clude steps to empower women, providing participated in the conference, and which will abstract issueÐit is one that, quite literally, them with the ability to exercise control over has been laid right at our doorstep. Commu- help guide the population and development their own lives by assuring access to repro- nities in Los Angeles County, when enormous programs of the United Nations and national ductive and other health services and access numbers of both legal and illegal immigrants governments into the next century. are settling, are being overwhelmed by the The International Population Stabilization to educational opportunities. burden of providing educational, health, and and Reproductive Health Act is consistent with In the developing world, the inability of social services for the newcomers. And the the goals and the recommendations of the women, especially poor women, to access problem will get bigger: Largely because of ICPD: It lays the foundation for focusing U.S. basic family planning services and information immigration, California's population is ex- foreign policy on a coordinated strategy that undermines women's efforts to determine their pected to grow from 31 million, where it stood will bring about the widespread availability of own destiny, increases illness and mortality in 1990, to 63 million by the year 2020. contraceptive services and women's and child rates of women and their children, contributes health programs, as well as educational, eco- Time is of the essence. How quickly we pro- to environmental degradation, and inhibits the nomic, social and political opportunities nec- vide worldwide access to family planning and ability of families to lift themselves out of pov- essary to enhance the status of women. reproductive health services is crucial. Like erty. compound interest applied to financial savings, The bill we are introducing today sets spe- high fertility rates produce ever-growing future cific health objectives, program descriptions, The impact of human population growth, populations. For example, if a woman bears and funding targets to guide U.S. population combined with widespread poverty, is being three children instead of six, and her children programs, and expands U.S. efforts for the demonstrated by the mounting signs of stress and grandchildren do likewise, she will have treatment and prevention of AIDS and other on our environment, such as tropical deforest- 27 great-grandchildren rather than 216. Like- sexually transmitted diseases. ation, erosion of arable land and watersheds, wise, if Nigeria, which now has 109 million This legislation also increases the U.S. com- extinction of plant and animal species, global people, reaches replacement fertility by 2010 mitment to providing for universal access to climate change, waste management, and air rather than 2040 (as currently projected), its basic education, with an emphasis on eliminat- and water pollution. eventual population would be 341 million, rath- ing the gap between female and male literacy levels and school enrollment, and promoting After more than 25 years of experience and er than 617 million. Thus, what we achieve in research, the actions needed to rapidly reduce the way of making comprehensive family plan- equal opportunities for women. Initiatives to in- birth rates are well documented. The ability to ning and reproductive health services avail- crease infant and child survival, as well as to exercise reproductive choice must be ex- able in this decade will determine whether ensure the health and safety of pregnant world population stabilizes at double today's women, are included as a critical component panded, through the broader dissemination level or at triple that levelÐor more. to achieving the bill's goals. and choice of family planning services which Population growth is an enormous problem, In addition, our bill expresses support for involve the community, especially women, and but one we can solveÐif we make a deter- the United Nations Forward Looking Strategies which meet the needs and values of those mined effort to do so. For almost 30 years, for the Advancement of Women, as adopted in who use them. 1985 by the United Nations Conference end- population assistance has been a central com- The International Population Stabilization ponent of U.S. development assistance and, in ing the Decade of Women, and for the ratifica- tion of the United Nations Convention on the and Reproductive Health Act will establish ac- that time, has been remarkably successful in cessibility to family planning services and in- lowering birth rates. In many parts of Asia, Elimination of All Forms of Discrimination Against Women, which was signed by the formation as a principle objective of U.S. for- Latin America and Africa, fertility rates have eign policy. decreased, often dramatically. Couples are United States in 1980. Mr. Speaker, our Nation's interest is clear. succeeding in having the smaller families they In addition, the bill recognizes the impor- There can be no doubt that combating rapid want because of the greater availability of con- tance of improving the health, social, and eco- population growth is one of the most humane, traceptives that our assistance has made pos- nomic status of women as essential for any farsighted and economically effective efforts sible. country's economic progress, and notes that Today, approximately 55 percent of couples we can undertake. Every additional dollar women who participate in the social, eco- worldwide use modern methods of contracep- spent on these programs will save many times nomic, and political affairs of their commu- tion, compared with 10 percent in the 1960's. this expense in future U.S. foreign assistance. nities are more likely to exercise their choices According to UNICEF, ``family planning could But despite this impressive increase in contra- about childbearing than those who do not. ceptive use, the demand for family planning bring more benefits to more people at less Of vital importance, this legislation makes services is growing, in large measure because cost than any other `technology' now avail- the point that comprehensive population ef- populations are growing. Indeed, over the next able.'' For all these reasons, we believe that popu- forts which include both family planning serv- 20 years, the number of women and men who lation assistance should be a central feature of wish to use contraception is expected to near- ices and economic development activities U.S. foreign policy, and we urge our col- ly double. achieve lower birth rates and stimulate more Similarly, population assistance has contrib- leagues to join us in supporting this legislation development than those which pursue these uted to the significant progress that has been for that purpose. objectives independently. It highlights issues made in reducing infant and child mortality f such as education and literacy, infant and rates. Child survival is integrally linked to INTRODUCTION OF THE INTER- child survival, and gender equality as the most women's reproductive health, and specifically NATIONAL POPULATION STA- powerful long-term influence in reducing birth to a mother's timing, spacing and number of BILIZATION AND REPRODUCTIVE rates, and authorizes funding for support of births. But despite substantial progress, a HEALTH ACT basic health, nutrition, and education services large proportion of children in the developing for children and women. worldÐparticularly in sub-Saharan Africa and HON. CONSTANCE A. MORELLA This legislation represents a compromise some Asian countriesÐstill die in infancy. OF MARYLAND among a number of interested parties, includ- And, while many countries in the developing IN THE HOUSE OF REPRESENTATIVES world have succeeded in reducing maternal ing population, women's health, and environ- mortality rates, the incidence of maternal Tuesday, July 18, 1995 mental groups, as well as Democratic and Re- death and disability remains unacceptably Ms. MORELLA. Mr. Speaker, I am pleased publican legislators. The bill represents a huge high, constituting a serious public health prob- to join with my colleague TONY BEILENSON in step forward from the policies and attitudes of lem facing most developing countries. Accord- introducing the International Population Sta- the 1980's and will help to restore U.S. leader- ing to the World Health Organization, an esti- bilization and Reproductive Health Act. ship on this vitally important issue. E 1458 CONGRESSIONAL RECORD — Extensions of Remarks July 18, 1995 TRIBUTE TO BERYL WEBB I am pleased to enter these words of com- partisan way, to preserve what is now perhaps mendation for Ms. Delisha Reese into the the most successful Government program HON. IKE SKELTON RECORD. ever devised. OF MISSOURI f I am especially concerned that the bill in- IN THE HOUSE OF REPRESENTATIVES clude provisions that encourage local input to TRIBUTE TO TED GRIFFIN annual plans and to the performance objec- Tuesday, July 18, 1995 tives process, including the holding of open Mr. SKELTON. Mr. Speaker, I pay tribute HON. IKE SKELTON hearings at which local providers and local today to Beryl Webb of Oak Grove, MO. Mr. OF MISSOURI service recipients are encouraged to provide Webb, who served three terms as mayor of IN THE HOUSE OF REPRESENTATIVES input. Oak Grove, passed away at the age of 93 on It is the grassroots nature of these programs Tuesday, July 18, 1995 July 8, 1995. that is the strength of the Older Americans Mr. WEBB, a friend of long standing, was Mr. SKELTON. Mr. Speaker, today, I pay Act, and any bill we pass must ensure that the well respected by all who knew him. He was tribute to Theodore A. Griffin of Jefferson City, kind of input now provided in the law is main- known for his commitment to the community of MO, who passed away on July 6, 1995. tained. Oak Grove, especially its school system. He Mr. Griffin graduated from the School of Local input has resulted in programmatic im- served as a member of the Jackson County Journalism at the University of Missouri in Co- provements throughout the life of the Older Sports Authority, the Silver Haired Legislature, lumbia, after serving in the U.S. Navy during Americans Act. the Jackson County Coordinating Council on World War II. He worked in radio during his Local input ensures that those charged with Aging, and the Board of Equalization. He was college years, and in 1950, he started at program implementation are constantly aware a member of the U.S. Chamber of Commerce, KFEQ in St. Joseph, MO, where he worked of the need to meet the needs of people, not the Oak Grove Historical Society, St. Mary's his way to becoming general manager. He the whims of bureaucrats in Washington, the Auxiliary, and was also a Paul Harris Fellow. was appointed executive vice president of the State house, or city hall. So my colleagues I ask you to join with me Missouri Broadcasters Association in 1971 I look forward to this reauthorization effort in remembering an outstanding Missourian. where he served until 1994. and call upon my fellow Members on both Mr. Webb is survived by his wife, Thelma, two Mr. Griffin served as chairman of the Red sides of the aisle to read and consider this im- brothers, and four nephews. Cross Regional Blood Program, the St. Jo- portant bill, and, if they agree, to cosponsor f seph Chamber of Commerce, heading the leg- this bill. islative liaison group with State government, Thank you Mr. Speaker. PERSONAL EXPLANATION on the board of the Missouri Broadcasters As- f sociation, and was a member of the Missouri HON. SCOTT McINNIS Society of Association Executives. MARINE CORPS CHANGE OF OF COLORADO Mr. Griffin was associated with many organi- COMMAND IN THE HOUSE OF REPRESENTATIVES zations including the Boy Scouts, Cub Scouts, and Junior Achievement in the St. Joseph Tuesday, July 18, 1995 HON. IKE SKELTON area. OF MISSOURI Mr. MCINNIS. Mr. Speaker, on Monday, July He will be missed by all who knew him, both IN THE HOUSE OF REPRESENTATIVES 17, 1995, due to severe thunderstorms be- as a friend and as an outstanding Missourian. tween Chicago and Washington, DC which de- He is survived by his wife, Dorothea, 4 chil- Tuesday, July 18, 1995 layed the scheduled arrival of my flight, I re- dren, and 10 grandchildren. Mr. SKELTON. Mr. Speaker, the change of grettably missed a series of rollcall votes f command address when Gen. Carl Mundy re- which occurred as I was returning from the linquished command to Gen. Chuck Krulak Third District of Colorado. INTRODUCTION OF THE OLDER was delivered by the Honorable John E. Dal- f AMERICANS ACT AMENDMENTS ton, Secretary of the Navy. Secretary Dalton OF 1995 states the contributions of General Mundy and TRIBUTE TO MS. DELISHA REESE the challenge for General Krulak in this CONGRESSIONAL BLACK CAUCUS HON. MATTHEW G. MARTINEZ speech. I commend it to the Members of this INTERN FOR ILLINOIS’ FIRST OF CALIFORNIA body: CONGRESSIONAL DISTRICT IN THE HOUSE OF REPRESENTATIVES THE MARINE CORPS’ CHANGE OF COMMAND Tuesday, July 18, 1995 Secretary White, distinguished members of HON. BOBBY L. RUSH Congress, General Shalikashvili and the OF ILLINOIS Mr. MARTINEZ. Mr. Speaker, I rise today to members of the Joint Chiefs of Staff, Ma- IN THE HOUSE OF REPRESENTATIVES introduce the Older Americans Act Amend- rines, ladies and gentlemen. ments of 1995, which is the Clinton adminis- I am proud to serve as the Secretary of the Tuesday, July 18, 1995 tration's proposal for the reauthorization of this United States Marine Corps. And, I am deep- Mr. RUSH. Mr. Speaker, I rise today to give critical legislation. ly honored to participate in the change of praise and to acknowledge one of my Con- The Older Americans Act celebrates its 30th command of an institution that sets the standards for military leadership around the gressional Black Caucus summer interns, Ms. birthday this year. world. Delisha Reese. Mr. Reese represents a con- In May of this year, 2,300 delegates to the Today is an important day in the lives of tinuum of outstanding Congressional Black 1995 White House Conference on Aging en- these two great men, General Carl Mundy Caucus Foundation interns serving my office dorsed the Older Americans Act and stressed and General Chuck Krulak. But, they would and this body. the importance of this reauthorization in pre- be the first to tell you that today belongs During the past several weeks, Ms. Reese paring the aging network for the 21st century. not to them, but to the Corps. has been an integral part of my staff, assisting This bill builds on the successes of the Their selfless attitude is seen clearly in with case work and other office duties. In her Older Americans ActÐwhile moving the ad- Carl Mundy’s insistence that he not be rec- ognized with any personal decorations at short tenure in my office, Ms. Reese per- ministration of the act toward the reinvention this ceremony. formed her tasks admirably, and in doing so program established under Vice President However, I think you all should know that she has done an outstanding job of represent- GORE's director. on behalf of the Department, I have awarded ing the Congressional Black Caucus Founda- The bill moves toward sensible consolida- the Navy Distinguished Service Medal to tion Intern Program. tion of programs and streamlining of proc- General Mundy. Similarly the Secretary of Ms. Reese is a constituent from my district, esses, while providing greater freedom of ac- Defense and each one of our sister services and I am delighted to have had her work to tion by the State units on aging and the area have awarded him their Distinguished Serv- serve her friends and neighbors. Now Ms. agencies on aging. ice Medal. General Mundy, you have served with Reese will be leaving to pursue other endeav- However, I should point out that I am not in honor, courage and commitment in a manner ors. As she departs, I wish to take this oppor- full agreement with all of the provisions of this befitting the Commandant of the Corps. Our tunity to ask my colleagues to join me in wish- bill, and I would hope that, during the markup allies thank you, America thanks you and ing Ms. Reese our sincerest best wishes for a in the Economic and Educational Opportuni- above all your Marines thank you for a life- bright and successful future. ties Committee to strengthen any bill in a bi- time dedicated to the defense of freedom. July 18, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1459 Carl’s many accomplishments and honors Corps when there is a threat to our national ‘‘Thus do we consecrate ourselves, the liv- would not have been possible without the security. ing, to carry on the struggle they began. Too love and support of his family; especially his The Marine Corps of today is just the much blood has gone into this soil for us to devoted wife, Linda. For nearly four decades adaptable, flexible, and resourceful force let it lie barren.’’ Linda has served as a Marine wife and moth- America needs. In this unsettled and often Those words spoken in honor of fallen Ma- er. During the past four years she has en- confusing post Cold War world, the military rines and Sailors hold a living truth. The deared herself to everyone she has touched mission is no longer as clearly defined. For truth is that we, the living must carry on and has established a special place in history this reason our military forces must adapt in their struggle for liberty and freedom every- for herself as the First Lady of the Marine order to succeed. day, and in everything we do. Corps. It was an honor for me to recognize Adapting is what Marines do best. The Ma- God bless you, and God bless the United her achievements with the Department of rines have been fighting America’s wars for States Marine Corps. Semper Fidelis. two centuries and continue to be the force of the Navy’s Distinguished Public Service f Award. choice for either keeping the peace; or The past four years have been challenging storming the beach. IN MEMORY OF BOB HEINEY ones for the Navy and Marine Corps team. In the past, Marines have done more beach Amidst the drawdown in force structure, storming than peacekeeping, but in the fu- shrinking defense budgets and expanding ture it is clear that both missions will need HON. FRANK R. WOLF global commitments, General Mundy has led to be performed. In my mind there is no OF VIRGINIA force in the world more capable of handling the Corps to new levels of excellence, effi- IN THE HOUSE OF REPRESENTATIVES ciency and effectiveness. By encouraging the complicated military missions of the fu- closer integration with the Navy, you have ture than the United States Marine Corps. Tuesday, July 18, 1995 created a Marine Corps with enhanced capa- The Corps has had many great Com- mandants, but none who has led through Mr. WOLF. Mr. Speaker, a close friend of bilities that is prepared for every eventu- mine has passed away. He was also a friend ality. such a tumultuous period of internal change. It is this spirit of closer integration be- Today the Corps has never been better of other Members and staff on both sides of tween the Navy and Marine Corps that will trained, better led, or more ready. Only in the aisle. His name is Bob Heiney and he be a legacy of Carl Mundy to our Naval Serv- this state would Carl Mundy even consider worked for many years for the National Can- ice. Such integration and interoperability relinquishing command of the Corps. ners AssociationÐnow called the National ensure that the Navy and Marine Corps team That is your legacy, ‘‘a RELEVANT, Food Processors Association. will be prepared for the challenges and bat- READY and CAPABLE Corps of Marines’’ who embody the traditions of the past and Several years ago I made a list of people tlefields of the next millennium. who had made a major impact on my life. General Mundy’s inspiring leadership, bold who are ready to meet the challenges of the courage, and extraordinary vision have per- future. RELEVANT to meet the defense After members of my family, Bob Heiney was petuated a dynamic and innovative Corps needs of the Nation tomorrow; READY to re- at the top of the list. He was a mentor, a and have put in place the mechanism to en- spond instantly as America’s 911 Force to teacher, and a positive role model to all who sure that the Corps will continue to flourish. prevent and contain crises or fight today; knew him. He was honest, decent, ethical, Today is another step in the continuing and CAPABLE of meeting the requirements moral. When I think about the opportunities he evolution of the Corps—one of America’s of our National Military Strategy. gave me as a young man, it makes me realize Carl, your days in uniform may soon be true national treasures. Today we witness the responsibility that we all have to help and the change of command, the passing of re- over, but your service to the Corps will re- sponsibility and acceptance of accountabil- main timeless. Your total devotion to the encourage those just starting out in their ca- ity for the United States Marine Corps. Corps has nurtured America’s undying love reers. I shall always remember Mr. Heiney General Krulak, you now take up the for Marines. Your determined efforts have and be grateful for his life. standard for the most elite fighting force in ensured that Marines will always be the first I would like to share his obituary as follows the world. May you command our Corps with to fight in America’s defense. with my colleagues. strength, vision and the same commitment Yesterday afternoon, in the oval office, our OBITUARY—ROBERT BEN HEINEY to core values that marked the leadership of Commander in Chief promoted Chuck Krulak the Commandants who precede you. The to General. In that ceremony President Clin- Robert Ben Heiney of Plantation Village, Corps will be blessed with the unfailing sup- ton pointed to Carl Mundy and said emphati- Wilmington, N.C., died July 13, 1995, at Cor- port of your delightful wife Zandi. On Tues- cally, ‘‘Of all the General Officers I have nelia Nixon Davis Health Care Center. day of this week the 31st Commandant and worked with, you were the one I knew was Mr. Heiney was born in Huntington, IN, on his lady celebrated their 31st wedding anni- always telling me exactly what you believed. September 16, 1909, the youngest child of versary. I want you to know how much I appreciate Enos Boyd Heiney and Della Miller Heiney. Today is important not only for Marines, that.’’ The President of the United States He attended public school in Indianapolis but also for every American, and especially could not have offered higher praise. and in Milwaukee, WI. In 1930, he began those who have worn a military uniform. It For fifty years Iwo Jima has been a special working for the National Canners Associa- is a special day for us to remember the place for the Marine Corps, and it was there tion in Washington, D.C., while a night Corps’ heroic past and to celebrate its bright atop Mount Suribachi that I had the privi- school undergraduate at George Washington future. lege to announce the President’s nomination University. He earned a law degree from Na- The fundamental military values of honor, for our 31st Commandant. tional University in 1935. courage and commitment are as much a part So as we consider the significance of this Mr. Heiney served as commanding officer of the Marine Corps today as they were at its ceremony, a change of command of the Corps of a Naval gun crew on board an Army cargo birth in 1775. Marines today understand that that these two Marines have devoted their vessel in the Southwest pacific during World these values represent an ideal . . . an ideal lives to, I think it appropriate to recall the War II. After the war he returned to work in worth fighting for. words of Chaplain Roland Gittelsohn when Washington for the National Canners Asso- Fighting for ideals is what the Corps is all he dedicated the Fifth Marine Division Cem- ciation—now called the National Food Proc- about. And, the strength of today’s Corps etery on Iwo Jima fifty years ago. This Feb- essors Association—where he continued his rests on a foundation of extraordinary hero- ruary, Rabbi Gittelsohn recalled his words at career in government-industry relations as a ism rising up from the bedrock of America’s the ceremony commemorating that battle at legislative specialist. Prior to Mr. Heiney’s military history. the Iwo Jima War Memorial beside Arlington retirement he was also a vice president and It is on that foundation of past heroism National Cemetery. He said: director of NCA’s public affairs programs. that the future of the Corps will be built. It ‘‘Here lie officers and men of all colors, During 37 years as a McLean, VA, resident he will be a future filled with innovation, flexi- rich men and poor men together. Here are served as a volunteer fireman and as presi- bility, resourcefulness and above all spirit. It Protestants, Catholics and Jews together. dent of the McLean Citizens Association, had is a spirit which comes from being the best. Here no man prefers another because of his leadership roles in local PTA organizations, Marines know that when American interests faith or despises him because of his color. and was a Sunday School director and are threatened or our friends need help . . . Here there are no quotas of how many from vestryman for Saint John’s Episcopal America calls the Corps. each group are admitted or allowed. Among Church. Throughout the past four years, Marines these men there is no discrimination. No Following 44 years of dedicated service have been called very often and, as through- prejudice. No hatred. Theirs is the highest with the National Canners Association, Mr. out their history, they have responded with and purest democracy. Heiney announced his formal retirement on the utmost professionalism. Whether it was ‘‘Any man among us, the living, who failed September 30, 1974. He maintained an inter- Haiti, Somalia, Bosnia or the Arabian Gulf, to understand that, will thereby betray est in the food industry and in political life the Marines were always ready to get the job those who lie here . . . whoever lifts his hand as partner and private consultant with done * * * and to get it done right. in hate against a brother, or thinks himself Frank R. Wolf (currently serving as a mem- Whether as warfighters, peacekeepers, or superior to those who happen to be in a mi- ber of Congress from northern Virginia) in rescuers; the Marines have proven time and nority, makes of . . . their sacrifice an their firm, H AND W ASSOCIATES. In 1976, time again that America can count on the empty, hollow mockery. the Heineys moved to Lake of the Woods E 1460 CONGRESSIONAL RECORD — Extensions of Remarks July 18, 1995 near Locust Grove, VA, where he worked in he was posted to Fort Hood, TX, and the 2d both the Abrams tank and the Bradley Fighting local church and Lions Club activities and Battalion, 13th Armor, 2d Brigade, 1st Ar- Vehicle to USAREUR units. Major McNulty, enjoyed boating and golfing. mored Division as the S±2. Three months later promoted in February, 1979, returned to the In 1989, the Heineys moved to Plantation Village in Wilmington, NC, where Mr. Heiney he was given command to Headquarters Com- United States to attend the Command and enjoyed gardening, woodworking, bowling pany, 2d Battalion, 46th Infantry and remained General Staff College at Fort Leavenworth, and playing bridge. He also participated as a in command until April, 1968. Lieutenant KS, in summer, 1980. He graduated as a volunteer in the New Hanover County McNulty was then given a second command, member of the centennial class in June, 1981. Schools and received a Governor’s Award for the Headquarters Company of 2/13 Armor. In In June 1984, Lieutenant Colonel McNulty his volunteer support for the Cornelia Nixon late summer of 1968 he was assigned as the assumed command of First Squadron, 3d Ar- Davis Auxiliary program. Mr. Heiney was an S±2/Asst S±3 of the 2d Brigade and remained avid reader and throughout his life he was a mored Cavalry Regiment at Fort Bliss, TX. in that position until July, 1969. During the next 25 months, he led the unit loyal supporter of both local and national In August, 1969, having been promoted in Republican political organizations and their successfully through numerous field and gun- causes. March, Captain McNulty reported to the 11th nery exercises. Relinquishing command in He is preceded in death by his beloved wife Armored Cavalry Regiment (Black Horse) in July, 1986, he served as the assistant com- of 60 years, Margaret Laura Roth. He is sur- Quan Loi, Vietnam, where he served as the mandant of the Sergeants Major Academy vived by a son, Robert B. Heiney, Jr., of commander of the Regimental Headquarters until June, 1987. In July, Lieutenant Colonel Portland, OR, and a daughter, Margaret Troop until December. He returned to the Unit- McNulty attended the U.S. Army War College Stouffer, of Virginia Beach, VA., seven ed States and was released from active duty grandchildren and one great grandchild. A at Carlisle, PA, graduating in June, 1988. in order to return to college in Texas. Since June, 1988, Jay McNulty has been a memorial service will be held at Cornelius Captain McNulty returned to active duty in Nixon Davis Health Care Center on Monday member of OCLL. Initially assigned as the March, 1971, and in June returned to Vietnam July 17, at 2:00 p.m. Expressions of sympathy Chief of Special Actions Branch in the Con- and 1st Squadron, 1st Regiment of Dragoons may be made as contributions to the Corne- gressional Inquiry Division, June 1989 saw (Blackhawk), 23rd Infantry Division (Americal). lia Nixon Davis Health Care Center Memo- him appointed as chief of that division. rial Garden fund or to the CND Auxiliary. He served as the squadron motor officer until Col. Jay McNulty is culminating his service f the squadron deactivated in April, 1972. He was selected to command the honor guard as Chief, House Liaison Division. He effec- COL. JOHN JOSEPH MCNULTY III and escort the squadron's colors to Germany tively used his vast knowledge of the Army, where the squadron was reactivated in May, his personal communication skills, and his HON. IKE SKELTON 1972. management abilities to tell the ``Army Story.'' He represented the Army, continuing his role OF MISSOURI He returned to the United States, completed of resolving complex and sensitive issues with IN THE HOUSE OF REPRESENTATIVES the armored officer advanced course in 1973, moved to Austin and graduated with honors every professional committee, and all 435 per- Tuesday, July 18, 1995 from the University of Texas in 1975 under the sonal offices, and leadership offices in the Mr. SKELTON. Mr. Speaker, today I wish to Army's Degree Completion Program. Captain U.S. House of Representatives. congratulate Col. John Joseph McNulty III who McNulty was subsequently assigned to Fort He is indeed the quintessential officer. His will retire from the U.S. Army in August. Colo- Bliss, TX, and the 3d Armored Cavalry Regi- selfless service, commitment to excellence, nel McNulty faithfully served his country with ment (Brave Rifles). While there, he served as and caring professionalism have continually the Army over the last twenty 29 years, and, adjutant and commanded C Troop, First provided inspiration to those with whom he due to his outstanding effort and ability, de- SquadronÐhis fourth troop/company com- has served. This exceptional officer truly per- serves recognition at this time. mand. sonifies those traits of courage, competency, Colonel McNulty enlisted in the U.S. Army In 1978, Captain McNulty was assigned to and integrity our Nation has come to expect on March 9, 1966. After completing basic and the Seventh Army Training Command in from our Army officers. He has served our Na- advanced training at Fort Dix, NJ, he entered Grafenwoehr, Germany. His task as chief of tion well and our heartfelt appreciation and his OCS at Fort Knox, KY. Commissioned in new equipment training was to design and best wishes for continued success go with him March, 1967 as a second lieutenant of armor, prepare the training plan for the introduction of as he prepares for his next endeavor. Tuesday, July 18, 1995 Daily Digest

HIGHLIGHT House passed Interior appropriations bill. Senate voted in the affirmative, Senate failed to close further Chamber Action debate on Amendment No. 1487, listed above. Routine Proceedings, pages S10177–S10257 Page S10221 Measures Introduced: Four bills were introduced, A unanimous-consent agreement was reached pro- viding for further consideration of the bill, and the as follows: S. 1046–1049. Page S10243 pending cloture motion, upon the disposition of S. Measures Reported: Reports were made as follows: 21, Bosnia/Herzegovina Self-Defense Act, listed H.R. 1854, making appropriations for the Legisla- below, or upon the call for regular order. tive Branch for the fiscal year ending September 30, Pages S10229±31 1996, with amendments. (S. Rept. No. 104–114) Bosnia/Herzegovina Self-Defense Act: Committee Special Report entitled ‘‘Allocation to Subcommit- on Foreign Relations was discharged from further tees of Budget Totals from the Concurrent Resolu- consideration of S. 21, to terminate the United tion for Fiscal Year 1996’’. (S. Rept. No. 104–115) States arms embargo applicable to the Government Page S10243 of Bosnia and Herzegovina, and the Senate began Comprehensive Regulatory Reform Act: Senate consideration thereof, taking action on amendments continued consideration of S. 343, to reform the reg- proposed thereto, as follows: Pages S10231±39 ulatory process, taking action on amendments pro- Pending: posed thereto, as follows: Dole Amendment No. 1801, in the nature of a Pages S10189±S10225, S10229±31 substitute. Pages S10233±39 Rejected: Senate will continue consideration of the bill on By 48 yeas to 52 nays (Vote No. 310), Levin (for Wednesday, July 19, 1995. Glenn/Chafee) Amendment No. 1581 (to Amend- Messages From the President: Senate received the ment No. 1487), in the nature of a substitute. following messages from the President of the United Pages S10191±S10220 States: Pending: Transmitting the report on the national emer- (1) Dole Amendment No. 1487, in the nature of gency with Serbia and Montenegro; referred to the Committee on Banking, Housing, and Urban Affairs. a substitute. Pages S10189±S10225 (2) Ashcroft Amendment No. 1786 (to Amend- (PM–67). Pages S10239±41 ment No. 1487), to provide for the designation of Messages From the President: Pages S10239±41 distressed areas within qualifying cities as Regu- Messages From the House: Page S10241 latory Relief Zones and for the selective waiver of Communications: Pages S10241±42 Federal regulations within such zones. Pages S10189±91 Petitions: Pages S10242±43 (3) Hutchison/Ashcroft Amendment No. 1789 (to Statements on Introduced Bills: Pages S10243±44 Amendment No. 1786), in the nature of a sub- Additional Cosponsors: Pages S10244±45 stitute. Pages S10189±91 Amendments Submitted: Pages S10245±51 During consideration of this measure today, Senate also took the following action: Notices of Hearings: Page S10251 By 53 yeas to 47 nays (Vote No. 311), three-fifths Authority for Committees: Page S10251 of those Senators duly chosen and sworn not having Additional Statements: Pages S10251±57 D 869 D 870 CONGRESSIONAL RECORD — DAILY DIGEST July 18, 1995 Record Votes: Two record votes were taken today. trol and regulate activities occurring within national (Total–311) Pages S10220±21 parks and forests under the guise of the First Recess: Senate convened at 9 a.m., and recessed at Amendment, after receiving testimony from Robert 8:23 p.m., until 9 a.m., on Wednesday, July 19, Stanton, Field Director, National Capital Area, and 1995. (For Senate’s program, see the remarks of the Denis P. Galvin, Associate Director, Planning and Acting Majority Leader in today’s RECORD on page Development, both of the National Park Service, and S10257). John D. Leshy, Solicitor, all of the Department of the Interior; Kathleen Connelly, Deputy Chief, For- est Service, Department of Agriculture; Robert M. Committee Meetings O’Neil, Thomas Jefferson Center for the Protection of Free Expression/University of Virginia, Charlottes- (Committees not listed did not meet) ville; and Robert Teir, American Alliance for Rights 1995 FARM BILL and Responsibilities, and Arthur B. Spitzer, Amer- Committee on Agriculture, Nutrition, and Forestry: Com- ican Civil Liberties Union of the National Capital mittee began markup of proposed legislation to Area, both of Washington, D.C. strengthen and improve United States agricultural FUEL TAXES programs, but did not complete action thereon, and Committee on Finance: Committee held hearings on recessed subject to call. proposals to provide for a transportation fuels tax ex- APPROPRIATIONS—LEGISLATIVE BRANCH emption for fuels used in commercial aviation, to Committee on Appropriations: Committee ordered favor- provide for a diesel fuel excise tax on rail transpor- ably reported, with amendments, H.R. 1854, mak- tation and recreational motorboats, and to discuss ing appropriations for the Legislative Branch for the certain diesel fuel dyeing requirements, including re- fiscal year ending September 30, 1996. lated measures S. 304, and S. 1034, receiving testi- Also, committee completed its review of sub- mony from Senator Santorum; Cynthia G. committee allocations of budget outlays and new Beerbower, Deputy Assistant Secretary of the Treas- budget authority allocated to the committee in H. ury for Tax Policy; W. Gene Burden, Alaska Depart- Con. Res. 67, setting forth the congressional budget ment of Environmental Conservation, Juneau; John for the United States Government for fiscal years J. Collins, American Trucking Associations, Inc., 1996, 1997, 1998, 1999, 2000, 2001, and 2002. Carol Hallett, Air Transport Association of America, Edwin L. Harper, Association of American Railroads, APPROPRIATIONS—DEFENSE and Susan Perry, American Bus Association, all of Committee on Appropriations: Subcommittee on Defense Washington, D.C.; Phillip R. Chisholm, Petroleum held hearings on proposed budget estimates for fiscal Marketers Association of America, Arlington, Vir- year 1996 for the Department of Defense, receiving ginia; and Michael Sciulla, Boat Owners Association testimony from numerous public witnesses. of the United States, Alexandria, Virginia. Subcommittee recessed subject to call. Hearings were recessed subject to call. ALASKA OIL RESERVES NOMINATIONS Committee on Energy and Natural Resources: Committee Committee on the Judiciary: Committee concluded held oversight hearings to review estimated oil re- hearings on the nominations of A. Wallace Tashima, serves on the North Slope of Alaska and drilling and of California, to be United States Circuit Judge for operating technology in the Arctic, receiving testi- the Ninth Circuit, Catherine C. Blake and Andre M. mony from Mark D. Myers, Alaska Department of Davis, each to be a United States District Judge for Natural Resources, Juneau; William L. Fisher, Uni- the District of Maryland, Joseph H. McKinley, Jr., versity of Texas, Austin; and Scott I. Kerr, ARCO to be United States District Judge for the Western Alaska, Inc., Eric Luttrell, BP Exploration, Inc., and District of Kentucky, B. Lynn Winmill, to be Unit- Randy Ruedrich, Doyon Drilling, Inc., all of An- ed States District Judge for the District of Idaho, chorage, Alaska. and Evan J. Wallach, of Nevada, to be a Judge of Hearings were recessed subject to call. the United States Court of International Trade, after the nominees testified and answered questions in FIRST AMENDMENT ACTIVITIES ON their own behalf. Ms. Black and Mr. Davis were in- PUBLIC LANDS troduced by Senators Sarbanes and Mikulski, Mr. Committee on Energy and Natural Resources: Sub- McKinley was introduced by Senators Ford and committee on Oversight and Investigations con- McConnell, Mr. Winmill was introduced by Senators cluded oversight hearings to review efforts of the Craig and Kempthorne, and Mr. Wallach was intro- National Park Service and the Forest Service to con- duced by Senators Reid and Bryan. July 18, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 871 GUNS IN SCHOOLS ability of health care benefits, to provide increased Committee on the Judiciary: Subcommittee on Youth security of health care benefits, and to increase the Violence held hearings on S. 890, to revise certain purchasing power of individuals and small employ- provisions of the Gun-Free School Zones Act of ers, receiving testimony from Mark V. Nadel, Asso- 1990 to enable the Federal Government to assist ciate Director for National and Public Health Issues, States in their efforts to ensure the safe environment Health, Education, and Human Services Division, of American schools, receiving testimony from Wal- General Accounting Office; Kevin Haugh, Institute ter Dellinger, Assistant Attorney General, Office of for Health Policy Solutions, and Mary Nell Legal Counsel, Department of Justice; Virginia Sec- Lehnhard, Blue Cross and Blue Shield Association, retary of Public Safety Jerry Kilgore, Richmond; both of Washington, D.C.; Gary Kushner, National Charles E. Shoffner, Union County School District, Small Business United, Kalamazoo, Michigan; David Tazwell, Tennessee; Robert M.A. Johnson, Anoka, R. Astar, EMPHESYS-Employers Health Insurance, Minnesota, on behalf of the National District Attor- Green Bay, Wisconsin; Josephine W. Musser, Madi- neys Association; Henry E. Hudson, Mays and Val- son, Wisconsin, on behalf of the National Associa- entine, Alexandria, Virginia; Bob Wortham, Reaud, tion of Insurance Commissioners; Susan M. Rogan, Morgan, and Quinn, Beaumont, Texas; Robert Nel- Herndon, Virginia; and Tom Hall, Oklahoma City, son, Washington High School, Milwaukee, Wiscon- Oklahoma. sin; Don Cahill, Fraternal Order of Police, Washing- Hearings were recessed subject to call. ton, D.C.; Barry Friedman, Vanderbilt University, WHITEWATER MATTERS Nashville, Tennessee; Larry Kramer, New York Uni- versity School of Law, New York, New York; and Special Committee to Investigate the Whitewater Develop- David Strauss, University of Chicago Law School, ment Corporation and Related Matters: Committee held Chicago, Illinois. hearings to examine issues relative to the President’s Hearings were recessed subject to call. involvement with the Whitewater Development Cor- poration, focusing on certain events following the HEALTH INSURANCE REFORM ACT death of Deputy White House Counsel Vincent Fos- Committee on Labor and Human Resources: Committee ter, receiving testimony from Webster Hubbell, held hearings on S. 1028, to provide increased access former Associate Attorney General. to health care benefits, to provide increased port- Hearings continue tomorrow. h House of Representatives Recess: House recessed at 9:49 a.m. and reconvened Chamber Action at 10 a.m. Page H7079 Bills Introduced: Eight public bills, H.R. Committees to Sit: The following committees and 2049–2056; and two resolutions, H.J. Res. 102 and their subcommittees received permission to sit today H. Res. 192 were introduced. Pages H7178±79 during the proceedings of the House under the 5- Reports Filed: Reports were filed as follows: minute rule: Committees on Agriculture, Commerce, H.R. 714, to establish the Midewin National Government Reform and Oversight, House Over- Tallgrass Prairie in the State of Illinois, amended (H. sight, International Relations, Judiciary, Resources, Rept. 104–191, Part 1); and Small Business. Page H7099 H.R. 1943, to amend the Federal Water Pollution Control Act to deem certain municipal wastewater Presidential Message—National Security: Read a treatment facilities discharging into ocean waters as message from the President wherein he reports the the equivalent of secondary treatment facilities (H. Administration’s actions and expenses directly relat- Rept. 104–192); and ed to the exercise of powers and authorities conferred H.R. 1858, to reduce paperwork and additional by the declaration of a national emergency and ex- regulatory burdens for depository institutions, panded sanctions against the Federal Republic of amended (H. Rept. 104–193). Page H7178 Yugoslavia (Serbia and Montenegro)—referred to the Committee on International Relations and ordered Speaker Pro Tempore: Read a letter from the printed (H. Doc. 104–101). Pages H7100±02 Speaker wherein he designates Representative Shaw to act as Speaker pro tempore for today. Page H7073 D 872 CONGRESSIONAL RECORD — DAILY DIGEST July 18, 1995 Interior Appropriations: By a yea-and-nay vote of 277 noes, Roll No. 518). This amendment was de- 244 yeas to 181 nays, Roll No. 523, the House bated on July 17; and Page H7104 passed H.R. 1977, making appropriations for the The Kennedy amendment that sought to prohibit Department of the Interior and related agencies for the use of funds by the Forest Service for construc- the fiscal year ending September 30, 1996. tion of roads or the preparation of timber sales in Pages H7102±35 roadless areas comprising 3,000 acres or more (re- Rejected the Yates motion to recommit the bill to jected by a recorded vote of 166 ayes to 255 noes, the Committee on Appropriations. Page H7135 Roll No. 522). Earlier, a point of order was over- Agreed To: ruled by the Chair. Pages H7125±31 The Gutknecht amendment that prohibits the use A point of order was sustained against the Owens of funds for the Mississippi River Corridor Heritage amendment that sought to require companies that Commission; Pages H7107±09 extract minerals from Federal lands to pay an 8% The Parker amendment that bars the use of funds royalty on the value of the minerals produced. Subse- for the Energy Department to plan, propose, issue, quently, rejected an appeal of the ruling of the Chair or prescribe any new or amended energy efficiency standard under the Codes and Standards Program that sustained the point of order by voice vote. and makes a reduction of $12.8 million to DOE’s Pages H7105±07 energy conservation account (agreed to by a recorded Agriculture Appropriations: House agreed to H. vote of 261 ayes to 165 noes, with 1 voting Res. 188, providing for consideration of H.R. 1976, ‘‘present,’’ Roll No. 519); Pages H7109±13 making appropriations for Agriculture, Rural Devel- The Olver amendment that prohibits the use of opment, Food and Drug Administration, and Relat- funds for the Energy Department to plan, propose, ed Agencies programs for the fiscal year ending Sep- issue, or prescribe any new or amended energy effi- tember 30, 1996. Agreed to order the previous ques- ciency standard through the Codes and Standards tion on the resolution by a yea-and-nay vote of 242 Program if the Attorney General determines that the yeas and 145 nays, Roll No. 524, on which the vote standard is likely to cause significant anti-competi- was postponed from July 17. Pages H7135±36 tive effects; Pages H7104±05, H7113±15 The Zimmer amendment that prohibits the use of Treasury—Post Office Appropriations: House funds from being used to demolish the bridge be- completed all general debate and began consideration tween Jersey City, New Jersey, and Ellis Island or of amendment on H.R. 2020, making appropriations to prevent pedestrian use of such bridge so long as for Treasury Department, the United States Postal it meets generally accepted safety standards for foot Service, the Executive Office of the President, and traffic (agreed to by a recorded vote of 230 ayes to certain Independent Agencies for the fiscal year end- 196 noes, Roll No. 520); Pages H7115±18 ing September 30, 1996; but came to no resolution The Klug amendment that prohibits the use of thereon. Consideration of amendments will continue funds to be obligated or expended to accept or proc- on Wednesday, July 19. Pages H7083±99, H7136±49 ess applications for a patent for any mining or mill Pending when the committee rose was the Hoyer site claim or issuance of a patent for any such claim amendment that seeks to strike the prohibition on (agreed by a recorded vote of 271 ayes to 153 noes, the use of funds to pay for abortions under the Fed- Roll No. 521); and Pages H7118±23 eral Employees Health Benefits program. The Cremeans amendment that prohibits funds Pages H7145±49 from being used to acquire land in Ohio’s Lawrence, Agreed to the Kelly amendment that reduces by Monroe, or Washington counties for the Wayne Na- $3.6 million funding for the Internal Revenue Serv- tional Forest. Pages H7123±24 ice information systems and increases by $2.6 mil- Rejected: lion funding for salaries and expenses for the United The Schaefer amendment that sought to strike States Customs Service. Page H7139 language allowing DOE to sell up to seven million H. Res. 190, the rule under which the bill is barrels of oil from the Strategic Petroleum Reserve being considered, was agreed to earlier by voice vote. and deposit the receipts in a fund for decommission- Agreed to order the previous question on the resolu- ing the Weeks Island site and reduces the SPR ap- tion by a yea-and-nay vote of 232 yeas to 192 nays, propriation by $100 million (rejected by a recorded Roll No. 516. Pages H7083±92 vote of 157 ayes to 267 noes, Roll No. 517). This amendment was debated on July 17; Pages H7103±04 House Financial Audit: By a yea-and-nay vote of The Chabot amendment that sought to strike all 414 yeas, the House agreed to H. Res. 192, provid- funding for the National Endowment for the Hu- ing for additional auditing by the House Inspector manities (rejected by a recorded vote of 148 ayes to General. Pages H7149±52, H7154±56 July 18, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 873 Amendments Ordered Printed: Amendments or- HOUSE AUDIT dered printed pursuant to the rule appear on pages Committee on House Oversight: Committee released a re- H7179–80. port entitled ‘‘The House Audit.’’ Quorum Calls—Votes: Four yea-and-nay votes, and The Committee also held a hearing on the results six recorded votes developed during the proceedings of the financial and operational audit. Testimony was of the House today and appear on pages H7091–92, heard from the following officials of the Office of In- H7103–04, H7104, H7113, H7117–18, H7122–23, spector General, House of Representatives: John H7131, H7135, H7135–36, and H7152. There were Lainhart, Inspector General; and Craig W. no quorum calls. Silverthorne, Director, Contract Audit Services; and Adjournment: Met at 9 a.m. and adjourned at Tom Craren, Engagement Partner, Price 10:52 p.m. Waterhouse. FUTURE OF ASIA-PACIFIC ECONOMIC Committee Meetings COOPERATION MISCELLANEOUS MEASURES Committee on International Relations: Subcommittee on Asia and the Pacific and the Subcommittee on Inter- Committee on Agriculture: Ordered reported amended national Economic Policy and Trade held a joint the following bills: H.R. 714, Illinois Land Con- hearing on the Future of Asia-Pacific Economic Co- servation Act of 1995; H.R. 701, to authorize the operation (APEC). Testimony was heard from Secretary of Agriculture to convey lands to the city Charlene Barshefky, Deputy U.S. Trade Representa- of Rolla, MO; and H.R. 1874, to modify the bound- tive; Sandra J. Kristoff, U.S. Coordinator for APEC aries of the Talladega National Forest, AL. Affairs, Department of State; and public witnesses. VA, HUD AND INDEPENDENT AGENCIES BEIJING CONFERENCE ON WOMEN APPROPRIATIONS Committee on International Relations: Subcommittee on Committee on Appropriations: Ordered reported the VA, International Operations and Human Rights held a HUD and Independent Agencies appropriations for hearing on the Beijing Conference on Women. Testi- fiscal year 1996. mony was heard from public witnesses. SUPERFUND REAUTHORIZATION PARTIAL-BIRTH BAN ACT Committee on Commerce: Subcommittee on Commerce, Committee on the Judiciary: Ordered reported amended Trade, and Hazardous Materials continued hearings H.R. 1833, Partial-Birth Ban Act of 1995. on the reauthorization of the Superfund program, with emphasis on Financing and Liability Issues. IMMIGRATION IN THE NATIONAL Testimony was heard from Lois J. Schiffer, Acting INTEREST ACT Assistant Attorney General, Environment and Natu- Committee on the Judiciary: Subcommittee on Immi- ral Resources Division, Department of Justice; and gration and Claims continued markup of H.R. 1915, Steven A. Herman, Associate Administrator, En- Immigration in the National Interest Act of 1995. forcement, EPA. Will continue tomorrow. Hearings continue July 20. FEDERAL OIL AND GAS ROYALTY MEDICARE PROGRAM FUTURE SIMPLIFICATION AND FAIRNESS ACT Committee on Commerce: Subcommittee on Health and Committee on Resources: Subcommittee on Energy and Environment continued hearings on the Future of Mineral Resources held a hearing on H.R. 1975, the Medicare program. Testimony was heard from Federal Oil and Gas Royalty Simplification and Fair- Judy Feder, Deputy Assistant Secretary, Planning ness Act of 1995. Testimony was heard from Cyn- and Evaluation, Department of Health and Human thia Quaterman, Director, Minerals Management Services; and public witnesses. Service, Department of the Interior; and public wit- Hearings continue July 25. nesses. INTELLIGENCE AUTHORIZATION ACT; NATIONAL INSTITUTE FOR THE REGULATORY SUNSET AND REVIEW ACT ENVIRONMENT Committee on Government Reform and Oversight: Ordered Committee on Resources: Subcommittee on Fisheries, reported the following bills: H.R. 1655, Intelligence Wildlife and Oceans held an oversight hearing on Authorization Act for fiscal year 1996; and H.R. establishment of a National Institute for the Envi- 994, amended, Regulatory Sunset and Review Act of ronment. Testimony was heard from public wit- 1995. nesses. D 874 CONGRESSIONAL RECORD — DAILY DIGEST July 18, 1995 MISCELLANEOUS MEASURES COMMITTEE MEETINGS FOR Committee on Resources: Subcommittee on National WEDNESDAY, JULY 19, 1995 Parks, Forests and Lands approved for full Commit- (Committee meetings are open unless otherwise indicated) tee action amended the following bills: H.R. 238, Ozark Wild Horses Protection Act; and H.R. 1745, Senate Utah Public Lands Management Act of 1995. Committee on Appropriations, business meeting, to mark up H.R. 1817, making appropriations for military con- OVERSIGHT struction, family housing, and base realignment and clo- Committee on Small Business: Held an oversight hear- sure for the Department of Defense for the fiscal year ing on the Administration’s Regulatory Reduction ending September 30, 1996, 2 p.m., SD–192. Committee on Energy and Natural Resources, business Efforts Regarding Small Businesses. Testimony was meeting, to mark up S. 852, to provide for uniform man- heard from Representative DeLay; Sally Katzen, Ad- agement of livestock grazing on Federal land, 8:30 a.m., ministrator, Office of Information and Regulatory SD–366. Affairs, OMB; Jere Glover, Chief Counsel for Advo- Committee on Environment and Public Works, Subcommit- cacy, SBA; the following officials of the GAO: L. tee on Clean Air, Wetlands, Private Property, and Nu- Nye Stevens, Director, Federal Management and clear Safety, to hold oversight hearings on the implemen- Work Force Issues; and Curtis Copeland, Assistant tation of Section 404 (relating to wetlands) of the Clean Director; and public witnesses. Water Act, 9:30 a.m., SD–406. Committee on Finance, to hold hearings to examine Med- COMMITTEE BUSINESS icare payment policies, focusing on how doctors, hospitals and other providers are paid, 9:30 a.m., SD–215. Committee on Standards of Official Conduct: Met in ex- Committee on Foreign Relations, to hold hearings on the ecutive session to consider pending business. nominations of Frances D. Cook, of Florida, to be Ambas- sador to the Sultanate of Oman, Richard Henry Jones, of IRS’S TAXPAYER COMPLIANCE Nebraska, to be Ambassador to the Republic of Lebanon, MEASUREMENT PROGRAM and Thomas W. Simons, Jr., of the District of Columbia, to be Ambassador to the Islamic Republic of Pakistan, 2 Committee on Ways and Means: Subcommittee on p.m., SD–419. Oversight held a hearing on the IRS’s Taxpayer Committee on Governmental Affairs, to hold hearings to Compliance Measurement Program. Testimony was review criminal debt collection efforts, 2 p.m., SD–342. heard from Phil Brand, Chief Compliance Officer, Committee on Labor and Human Resources, business meet- Internal Revenue Service, Department of the Treas- ing, to mark up S. 856, to amend the National Founda- ury; Jennie S. Stathis, Director, Tax Policy and Ad- tion on the Arts and the Humanities Act of 1965, the ministration, GAO; and public witnesses. Museum Services Act, and the Arts and Artifacts Indem- nity Act to improve and extend the Acts, S. 916, to ORGANIZATION FOR ECONOMIC amend the Individuals with Disabilities Education Act to extend the Act, and proposed legislation relating to COOPERATION AND DEVELOPMENT health centers consolidation, and to consider the nomina- AGREEMENT ON SHIPBUILDING tions of Marys S. Furlong, of California, to be a Member Committee on Ways and Means: Subcommittee on of the National Commission on Libraries and Information Trade held a hearing on the Organization for Eco- Science, Richard J. Stern, of Illinois, to be a Member of nomic Cooperation and Development Agreement on the National Council on the Arts, National Foundation Shipbuilding. Testimony was heard from Senator on the Arts and the Humanities, and Lynn Waihee, of Hawaii, to be a Member of the National Institute for Lit- Breaux; Representatives Gibbons, Bateman, Callahan eracy Advisory Board, 9:30 a.m., SD–430. and Longley; Jeffrey M. Lang, Deputy U.S. Trade Special Committee To Investigate Whitewater Devel- Representative; and public witnesses. opment Corporation and Related Matters, to continue hearings to examine issues relating to the President’s in- DENIAL AND DECEPTION volvement with the Whitewater Development Corpora- Permanent Select Committee on Intelligence: Met in execu- tion, 9:30 a.m., SH–216. tive session to hold a briefing on Denial and Decep- House tion. The Committee was briefed by departmental witnesses. Committee on Appropriations, to consider Commerce, Jus- tice, State and Judiciary appropriations for fiscal year 1996, 8:15 a.m., 2360 Rayburn. Subcommittee on the District of Columbia, on D.C. Finances, 10 a.m., 2362 Rayburn. July 18, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 875

Committee on Banking and Financial Services, Subcommit- tocol Implementation Act; and H.R. 1295, Federal tee on Domestic and International Monetary Policy, hear- Trademark Dilution Act of 1995, 10 a.m., 2237 Ray- ing on the state of the economy, interest rates and price burn. stability (Humphrey-Hawkins), 10 a.m., 2128 Rayburn. Subcommittee on Immigration and Claims to continue Committee on Commerce, Subcommittee on Energy and markup of H.R. 1915, Immigration in the National In- Power, hearing on the following bills: H.R. 1801, Federal terest Act of 1995, time to be announced, 2226 Rayburn. Power Asset Privatization Act of 1995; and H.R. 1122, Committee on Rules, to consider the following: H.J. Res. Alaska Power Administration Sale Act, 10 a.m., 2322 96, disapproving the extension of nondiscriminatory Rayburn. treatment-most-favored-nation-treatment-to the products Subcommittee on Health and Environment and the of the People’s Republic of China; the China Policy Act Subcommittee on Oversight and Investigations, to con- of 1995; and H.R. 2002, making appropriations for the tinue joint oversight hearings on Waste, Fraud, and Abuse in the Medicare Program, 10 a.m., 2123 Rayburn. Department of Transportation and related agencies for the Committee on Economic and Educational Opportunities, Sub- fiscal year ending September 30, 1996, 1 p.m., H–313 committee on Early Childhood, Youth and Families, hear- Capitol. ing on Military Connected Children and Impact Aid, Subcommittee on Legislative and Budget Process and 9:30 a.m., 2175 Rayburn. the Subcommittee on Rules and Organization of the Committee on Government Reform and Oversight, Sub- House, to continue joint hearings on the Congressional committee on National Security, International Affairs, Budget Process, 10:30 a.m., H–313 Capitol. and Criminal Justice, and Subcommittee on Crime of the Committee on Science, Subcommittee on Space and Aero- Committee on the Judiciary, joint oversight hearing on nautics, to mark up H.R. 2043, National Aeronautics and Executive Branch Conduct regarding the Matter of the Space Administration Authorization, fiscal year 1996, 10 Branch Davidians, 10 a.m., 2141 Rayburn. a.m., 2318 Rayburn. Committee on International Relations, to mark up the fol- Committee on Small Business, Subcommittee on Govern- lowing measures: H. Con. Res. 42, supporting a resolu- ment Programs, to continue hearings on SBA’s Low-Doc- tion to the long-standing dispute regarding Cyprus; and umentation (LowDoc) Loan Program, 10 a.m., 2359 Ray- H. Res. 158, congratulating the people of Mongolia on burn. the fifth anniversary of the first democratic multiparty Committee on Veterans’ Affairs, hearing on eligibility re- elections held in Mongolia on July 29, 1990; followed by form initiatives, 10 a.m., 334 Cannon. a hearing on U.S. Policy Towards Cyprus, 10 a.m., 2172 Committee on Ways and Means, Subcommittee on Health, Rayburn. hearing on Saving Medicare and Budget Reconciliation Subcommittee on International Operations and Human Issues, 9:30 a.m., 1100 Longworth. Rights, hearing on Coercive Population Control in China, Permanent Select Committee on Intelligence, executive, to 1:30 p.m., 2118 Rayburn. consider Ethics Committee Memorandum on Classified Committee on the Judiciary, Subcommittee on Courts and Information, 7 p.m., H–405 Capitol. Intellectual Property, hearing on H.R. 1270, Madrid Pro- D 876 CONGRESSIONAL RECORD — DAILY DIGEST July 18, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Wednesday, July 19 10 a.m., Wednesday, July 19

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Continue consideration of morning business (not to extend beyond 9:30 a.m.), Sen- H.R. 2020, Treasury-Postal Service Appropriations for ate will resume consideration of S. 21, Bosnia/ fiscal year 1996; and Herzegovina Self-Defense Act, and upon disposition or by Consideration of H.R. 1976, Agriculture Appropria- the call for regular order, resume consideration of S. 343, tions for fiscal year 1996 (rule previously adopted). Comprehensive Regulatory Reform Act, with a vote on a third motion to close further debate on Amendment No. 1487, to occur thereon.

Extensions of Remarks, as inserted in this issue

HOUSE Martinez, Matthew G., Calif., E1458 Sensenbrenner, F. James, Jr., Wis., E1452 Martini, William J., N.J., E1449 Skelton, Ike, Mo., E1456, E1458, E1460 Andrews, Robert E., N.J., E1456 McInnis, Scott, Colo., E1458 Stark, Fortney Pete, Calif., E1454, E1455 Beilenson, Anthony C., Calif., E1456 Morella, Constance A., Md., E1457 Walker, Robert S., Pa., E1450 Bonior, David E., Mich., E1449 Packard, Ron, Calif., E1455 Watts, J.C., Jr., Okla., E1454 Collins, Cardiss, Ill., E1455 Rahall, Nick J., II, W. Va., E1455 Crane, Phillip M., Ill., E1455 Reed, Jack, R.I., E1449 Wolf, Frank R., Va., E1459 Furse, Elizabeth, Ore., E1452 Rush, Bobby L., Ill., E1458 Young, Don, Alaska, E1450 Gillmor, Paul E., Ohio, E1453, E1454, E1455 Schroeder, Patricia, Colo., E1453, E1454

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