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, MARCH 14, 1995 No. 47 House of Representatives

The House met at 12:30 a.m. and was under difficult circumstances when ev- problems, and all of this is going on called to order by the Speaker pro tem- erybody who is there is not necessarily while there is a very intense opposition pore [Mr. SHAYS]. happy to be there in terms of the Cu- to Fidel Castro in these camps that has f bans who have left. not diminished in any sense at all, and Cubans had hoped to go to Miami people who think we should negotiate DESIGNATION OF SPEAKER PRO rather than to Guantanamo Bay, but I might want to talk to some of these TEMPORE will say that the Cubans themselves Cubans down there at Guantanamo The SPEAKER pro tempore laid be- who are in the camps are doing very about the human rights violations, the fore the House the following commu- well. They are well cared for. I spent a suffering, the misery, the economic nication from the speaker: good deal of time with Senator BOB hardship that the Castro government WASHINGTON, DC, GRAHAM from Florida talking directly has put them through, even to the March 14, 1995. with them about their problems. The point of death and confiscation. I hereby designate the Honorable main complaint of course is the parol- Right now Fidel Castro is in Europe CHRISTOPHER SHAYS to act as Speaker ing process. The immigration process is in a self-rehabilitation program pro- pro tempore on this day. too slow and it is moving very, very moting himself and what a great guy NEWT GINGRICH, slowly for the children, the elderly, the he is and he has apparently convinced Speaker of the House of Representatives. sick among them, and then the big a few people in Copenhagen and is on f problem, of course, that it does not his way to meet with the President of provide for some 17,000 to 20,000 Cubans France and have some type of a photo MORNING BUSINESS who don’t really know where they are opportunity to prove to the world that The SPEAKER pro tempore. Pursu- going to go because there is no process he has not really done all the bad ant to the order of the House of Janu- for them and at the present time they things that these witnesses in Guanta- ary 4, 1995, the Chair will now recog- are just living in a camp, a tent camp namo are there to attest that he has nize Members from lists submitted by in Guantanamo without too much hope done. the majority and minority leaders for of what is next. What is going on in Guantanamo is morning hour debates. The Chair will We talked about the problems that not without cost. It costs us about $20 alternate recognition between the par- they were having in those camps, the million a month and it doesn’t account ties, with each party limited to not to remoteness, the feeling out of touch, for all of the costs we are putting in exceed 30 minutes, and each Member the medical attention, the priorities, there. Right now, we are using Navy except the majority and minority lead- not enough medicine to go around, not funds, operational and maintenance er limited to not to exceed 5 minutes. enough doctors’ visits, the food. Every- funds that the Navy needs for steam- The Chair recognizes the gentleman body always complains about food in ing, keeping up our readiness, national from Florida [Mr. GOSS] for 5 minutes. situations like that, but by and large security, defense, as it were, is being f the Cubans are being very, very well used and we are going to have to re- cared for and I think Americans can be store those funds. When we get STATE OF AFFAIRS AT proud of that. through, we are talking about hun- GUANTANAMO BAY Improvements are being made. We dreds of millions of dollars for this Mr. GOSS. Mr. Speaker, I just re- are putting in food galleys, putting in problem that Fidel Castro has given to turned from a quick visit down to air-conditioning in some areas, better the American taxpayer in the way we Guantanamo Bay in Cuba to see how recreation areas, better bathrooms, are handling it today. the situation was there with the Cu- getting away from the port-a-potties, There are some very serious problems bans who are in the detaining camps better shelters, sturdier tents with staring us in the face right now. What and see how our military is doing, and hard roofs. This matters because it is a is going to be the future of Guanta- I have nothing but accolades to give to harsh climate down there. It is an area namo as a base once it is no longer a our military for the fine job they are where the wind often blows hard, the refugee camp, I don’t know, but we are doing down there under very difficult windward passage, and it is subject to putting a ton of money in the place so circumstances. They are running a city hurricanes. In fact, some call it Hurri- we ought to know. But more important of about 36,000 people in reality and cane Alley in that part of the world. than that, what is going to happen they are doing it with very little mate- We have dealt with the water prob- when the long hot summer starts and rial and very little preplanning and lems, the sewer problems and landfill 17,000 to 20,000 Cubans, mostly young

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 3087 H 3088 CONGRESSIONAL RECORD — HOUSE March 14, 1995 adult males, discover that they really teresting. For the past 2 months they and they don’t want a phony excuse. It have no place to go and no way to get have been voting in near perfect lock is time for the Republicans to honor there. That is not a good situation and step on every issue that impacts the their own contract and the real con- those who are working in the camps lives of women, children, and seniors. tract that we have with the American are very, very concerned about it. But when the issue affects themselves, people. There are probably more visits to the they pull the vote. psychiatric side of the medical facility The American people want change, f right now than any others by people but they want a Government that’s who are already feeling stressed and as leaner, not meaner. OSHA’S REGULATORY EXCESS hope begins to erode and the summer After ducking the bill that would af- The SPEAKER pro tempore. Under gets warmer, it is going to be a very fect Members jobs, we are now con- the Speaker’s announced policy of Jan- difficult situation and one that we can- fronted with a rescission bill where 63 uary 4, 1995, the gentleman from Geor- not wait to solve itself or erupt. percent of the cuts are in programs gia [Mr. NORWOOD] is recognized during We need to get ahead of the curve. that help low-income children and sen- morning business for 5 minutes. Senator GRAHAM has a very good idea iors, and not one penny is cut from the Mr. NORWOOD. Mr. Speaker, I be- about shifting the visas that were ar- Pentagon. Is this what the people said lieve that the American people are ranged with the Castro government to last November? Cut the funds that frustrated by regulatory process that apply to those folks in Guantanamo so keep children and seniors out of pov- creates impossible standards. Every that they can come here rather than erty, but don’t touch wasteful Penta- day, small businessmen and women are some other folks that Fidel Castro gon spending? I don’t think so. pulling their hair out trying to keep up might choose. America signed a real contract with with unrealistic and overreaching regu- Senator GRAHAM makes a convincing the men and women in our armed serv- latory mandates they cannot possible case that Fidel Castro has violated the ices. But this rescission will cut $206 comply with. I know that the guard- agreement that was made in New York million from veterans programs. ians of the old status quo will scoff at with him at the United Nations be- Is that what the people asked for last this, but I need only to point to a pro- November. cause he is already charging a thou- posed OSHA rule to make my point. I don’t think so. sand dollars for visas for victims of his Mr. Speaker, allow us to consider for Why is a phony, one-sided contract regime to leave, which is a real ex- a moment OSHA’s proposed revision to more important than a genuine con- traordinary—it would be a crime in its confined spaces standard. This ap- tract signed with our veterans. this country, I guess. plies to people who work in sewers or To make matters worse, we are not I believe very strongly we should en- air ducts or in similarly tight quarters. even allowed a real debate on real courage our allies to tighten the em- In the abstract, this is a very reason- choices. Is this what the American peo- bargo. It is extraordinary to me that able subject for OSHA to be concerned ple said last November? Cut summer Mexico and Canada and Venezuela and with and employers have a responsibil- our good friends in France and Spain jobs, drug-free schools, and low-income heating for seniors, but don’t let other ity to workers working in such con- are trading only with Cuba, sustaining fined spaces to make sure that their the Castro regime. There are solutions choices even be discussed? Doesn’t sound very democratic to me. work spaces are as safe as possible. but we don’t have much time. We must However, OSHA has taken this a step deal with the issue that is there. And lastly, Mr. Speaker, if that wasn’t enough, not one penny of these further. Now OSHA wants to regulate f cuts to summer jobs, drug-free schools, what happens after an accident. If the revised standard is implemented, em- WHERE ARE OUR PRIORITIES? and low-income heating for seniors will reduce the deficit. This money taken ployers who rely on rescue squads and The SPEAKER pro tempore. Under from seniors and children will go for other outside rescue services to re- the Speaker’s announced policy of Jan- tax cuts for the wealthiest Americans. spond to emergencies would have to, uary 4, 1995, the gentlewoman from Or- Taking money out of the pockets of and I quote, ‘‘ensure that the outside egon [Ms. FURSE] is recognized during seniors and children, as well as for fu- rescuers can effectively respond in a morning business for 5 minutes. ture generations and put it in the timely manner to a rescue summons,’’ Ms. FURSE. Mr. Speaker, I believe pockets of those making over $100,000. I end quote. that every American wants, and is de- ask again, is this really what the peo- Since most employers do not have an manding that Congress change the way ple said last November? entire team of emergency medical it does business. I am committed to At last, under the 1993 budget, we fi- technicians standing on guard at their changing our spending priorities, and nally get the deficit going in the right worksites, it is reasonable to assume that is what I have been working on. direction—down. But now we are being that these employers will be dependent We must cut unnecessary spending, cut asked to do voodoo economics all over upon the performance of professional waste, and eliminate programs that do again. Increase Pentagon spending. Cut rescue squads to meet OSHA’s stand- not work—like star wars—and we must taxes on the rich. Drive up the deficit. ards. invest in our citizens and in our com- I believe that what the people said Mr. Speaker, accidents do happen. We munities. That is true national secu- last November was they want new pri- funded OSHA to try to cut down the rity. orities. The want us to bring common chances that a workplace accident Everyday the Republicans come here sense to the decisions we make here. would occur. Now OSHA wants an em- to the House floor to talk about their So I would like to remind my Repub- ployer to ensure the rescue of a worker Contract on America and how they are lican colleagues that all of us have a after an accident. What bothers me is living up to their promises. real and binding contract with every OSHA’s use of the word ‘‘ensure.’’ The To clear up some confusion about ex- citizen in this country. And that is to word ‘‘ensure’’ places an unrealistic actly what is a contract, I consulted make our schools competitive, our burden on the employer, given OSHA’s Webster’s dictionary. It says that a streets safe and our communities past behavior. contract is ‘‘a binding agreement be- strong. That is the real contract we Mr. Speaker, perhaps the bureaucrats tween two or more persons * * * a cov- have with our citizens. It is not a one- over at OSHA have doubts about an enant.’’ However, only Republican sided agreement. employer’s desire to ensure a worker’s Members and candidates signed that The people in my home State of Or- rescue in case of an accident. I have lit- contract. The American people did not egon overwhelmingly approved a term tle doubt that employers, often in fam- sign that contract. And now the Repub- limits bill. On the first day of this ses- ily businesses, care about their em- licans are not even keeping to their so- sion, I introduced a term limits bill ployees, but given OSHA’s history, I called contract. that mirrors the one Oregonians ap- have serious doubts about allowing The promised a vote on term limits proved. Numerous States have also OSHA to define when an employer has to be completed by today. But there overwhelmingly supported term limits. done enough. I can just see OSHA slap- was no vote. The majority leaders say The American people have spoken. ping the employer with a huge fine if a ‘‘they don’t have the votes.’’ That’s in- They want us to vote on term limits, rescue squad gets stuck in traffic. March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3089 Even if the employer makes a good- level is model what the average family youth programs. We are cutting back faith effort to provide rescue services, does at their kitchen table. At the av- many of the others so that localities he or she could still be hit with a pro- erage family kitchen table when times are going to be really strapped, and I hibitive fine if it does not meet with get tough, the last thing they do to must say, as the prior gentlewoman OSHA’s ambitious standard. make budget ends meet is cut the chil- from Oregon said, when you are taking Mr. Speaker, now OSHA claims that dren. They will try to hold the children 63 percent of these cuts out of a group the employers’ compliance with this harmless from budget cuts absolutely of programs that only make up 12 per- proposed revision will not be based as long as possible, and yet this week, cent of the discretionary budget. I solely upon a rescue service’s actual the first thing we are going to do as we think we are going down real heavy on performance during any single inci- try to find the first round of budget the kids. dence, but rather upon the employer’s cuts, and these are just for big tax cuts This is not across the board. We are total effort to ensure that the prospec- and they are for disaster relief in Cali- not going after $600 toilet seats. Oh, no. tive rescue service is indeed capable in fornia, we are going to cut children. those are sacred cows. We are not going terms of timeliness and training and That is going to be our very first thing, after other things. No no, those are sa- our very first budget cut act. Heaven equipment of performing an effective cred cows. Why? Because they have po- only knows what we will do to them rescue, but what we have seen in the litical action committees that can when we get to the next round where past is that OSHA implements a rule or come protect them with all sorts of we are dealing with the deficit. a standard that sounds very reasonable money for campaigns. They can orga- in the Federal Register or before a con- Now I remind you that children did not cause this deficit, nor are they ask- nize and they can vote. gressional hearing; however, when a Children don’t vote. They don’t have rule is enforced out in the field, it is ing for big tax cuts. They would just political action committees, and I used as a big stick to harass hard- like a school lunch, thank you, and think if we are going to be the best working Americans. they did not cause the disaster in Cali- that we can be, we have got to recon- Is this just another way for OSHA to fornia or other places. But I think the sider these cuts this week because I fine hard-working Americans and col- thing that is really harming and the think it is really—maybe you think it lect more money for the Federal Treas- reason I think our priorities are so ury? Not until a great outcry is heard wrong right now is that while this body is penny wise, but it is long term and does OSHA consider providing a clari- has been discussing risk assessment, pound foolish. risk assessment, risk assessment, and fication of its standards or rules in f order to ensure that it is not used to we were doing this all across the board when it came to regulations, and many harass hard-working Americans. OSHA RESCISSION CUTS ON JOBS people agree, yes, we should look at has shown again and again that regu- PROGRAMS latory excess is an addiction and they that, but why are we not looking at the The SPEAKER pro tempore. Under just cannot seem to kick the habit. risk assessment on the next generation Mr. Speaker, I hope that in this case, of children which will people America’s the Speaker’s announced policy of Jan- OSHA’s enforcement of its rules does 21st century if we continue on with uary 4, 1995, the gentleman from Texas, not cause more problems than it is in- these budget cuts? Mr. GENE GREEN is recognized during tended to prevent. You can be sure that Now, what are some of the things morning business for 5 minutes. I will be watching and listening just in that we know? When I chaired the Mr. GENE GREEN of Texas. Mr. case this is not true. Committee on Children, Youth and Speaker, I rise today to talk about two Families, we had all sorts of CEOs from OSHA is one agency that has turned programs. First this week we will be corporate America join us looking at a reasonable and an important mission considering a rescission bill and the ac- the cost-effectiveness of Federal dol- into a bureaucratic nightmare for the tivities that I was involved in over the lars spent for children, and the best American economy. Common sense was weekend, but also talk a little bit money you can save is investing in a long ago shown the door over at OSHA. about the School Lunch Program. But young child, because you are saving it OSHA is one agency that needs to be first let me talk about the rescission later on, saving it later on. restructured, reinvented, or just plain bill that Congress will be voting on We got all sorts of incredible num- removed. this week. bers that are a big surprise. If you vac- f This last Saturday in Houston, I had cinate every child—and as you well the opportunity to, at 8 o’clock in the BE ALL YOU CAN BE know, America is way behind in vac- morning, to go to our city hall in the cinating children, many Third World The SPEAKER pro tempore. Under city of Houston and see hundreds of countries do a much better job—the young people and not so young people the Speaker’s announced policy of Jan- studies we have been showed is that it who were there at 8 o’clock on a Satur- uary 4, 1995, the gentlewoman from is $14 to the taxpayer later on. So one day morning getting prepared to go out Colorado [Mrs. SCHROEDER] is recog- dollar for a vaccination, every one dol- and work in the community. nized during morning business for 5 lar spent on that saved $14 later on. The rescission bill we are going to minutes. That is not a bad deal. I have never Mrs. SCHROEDER. Mr. Speaker, I been able to invest my money like that vote on this week will definitely cut am very proud to take the well today in any other area. part of the national service, the wearing this ribbon which was given to When you put children into Head Americorps Program that serves Hous- me by the Girl Scouts, because the Girl Start, for every dollar we spent on ton, and I have served Houston Pro- Scouts today are asking adults to wear Head Start, you could show a $6 saving gram in Texas. We started with really this ribbon and be the best that they in special education that the taxpayer no program last year and we have be- can be. I think that that is a good would pick up. For feeding children, for come such a great serving institution motto for all of us as Americans. We every dollar you spent in WIC and for for the community. probably ought to do it everyday, but every dollar you were spending in child Let me talk about the Corporation this is a special day and I, as an ex-Girl nutrition programs, you way more for National Service on a nationwide Scout and a mother of a Girl Scout, am than made the money back in not hav- basis and then bring it down to how it very, very proud to be here and be talk- ing to spend it in Medicaid. affects Houston: AmeriCorps, Learn ing about that. You know, we go around all the time, and Serve, and the Senior Corps. They So I got to thinking, well, now, if you too, saying children must say no to work full or part-time in local organi- took this and applied it to the Federal this, children must say no to this, we zations addressing community needs. Government in Washington, why do must give them things to say yes to, We have 60 of them in Houston that people get so frustrated with this and and that is what we are doing. We are serve Houston, 60 positions. I wanted what would ‘‘be the best we could be’’ taking a lot of the same ‘‘yes to’s’’ more but we couldn’t do it as a startup, mean at the Federal level? away. 33,000 more with 1995 moneys and 47,000 Well, it seems to me that one of the We are totally taking away summer more with 1996 moneys, but again, the things that we don’t do at the Federal jobs. We are taking away many of the rescission bill will cut us back. H 3090 CONGRESSIONAL RECORD — HOUSE March 14, 1995 This would complete the contract will lose the values of those talents of the next 5 years they come into WIC that a bipartisan Congress made with those young people whether it be in the regularly and are counseled about nu- our young people with the National Summer Jobs Program and productive trition and can get immunized, either and Community Service Fund Act of citizens or whether it be in the there or are directed where they can 1993, but we cannot do it if we pass the Americorps and Serve Houston where get immunized in the first 2 years of rescission bill this week with those we are losing not only their talents the baby’s life; all the things that we cuts. now in helping our community, but we need for the future of this country. Learn and Serve America, elemen- are going to lose the experience they These people did not understand why tary and high school and college stu- are getting now through Serve Houston the extremists in Congress want to dents participate in activities that ad- and through Americorps for the future make these cuts. What they did under- dress community needs and they en- of our country. stand is that School lunches, Chil- hance their own academic skills. Ap- We cannot be penny wise and pound dren’s nutrition Programs, programs proximately 375,000 elementary and foolish and lose that effort right now. like counseling for WIC, immuniza- secondary school and college students And that is my concern, that the Con- tions, all these things are the invest- participate, growing to over $588,000 if gress this week needs to make sure ment for the future and they make we had the 1996 funds. that we do not cut these programs out sense for this country. The Senior Corps, Americans 55 or of the rescission package. We do not They do understand that, OK, we need to cut those programs now and older serve in local communities on a might save a few dollars making cuts say we are going to provide for addi- part-time basis and they provide, for now, but in the end, long term, we will tional tax cuts now and cut out those example, modest stipends for foster pay more money for welfare for chil- 2,000 young people in my own district grandparents, and I have received a lot dren as they get older and have bad nu- who have a summer job for 6 weeks. of mail and phone calls this week from trition and did not have the advantages senior companions, 480,000 seniors par- f when they were younger. They are ticipate today, and if we could take it b 1300 more likely to be on welfare and more out of the rescission bill, we would be likely to be in prison. And these young able to increase that just a small THE RESCISSION BILL families did understand that. That that amount to 510,000. The SPEAKER pro tempore. Under simply is bad public policy long term. The cuts in the Americorps is wrong the Speaker’s announced policy of Jan- I am a deficit hog. I voted for budget and should not be because it is one of uary 4, 1995, the gentleman from Ohio cut after budget cut after budget cut in the best programs we have. If we are [Mr. BROWN] is recognized during morn- this body. But we should not be stupid really going to reform welfare, we need ing business for 5 minutes. about it. There is no reason to make to make sure we reform it by giving Mr. BROWN of Ohio. Mr. Speaker, cuts that affect our children and affect people that job experience and those yesterday I was in Twinsburg, OH, in our future the way that cutting school jobs. my district, Ohio’s 13th District in lunches and cutting programs like WIC Let me talk about another example northeast Ohio, visiting the commu- and nutrition programs like that would of the Saturday I was with the Summer nity center and meeting with parents, mean. Jobs Program that is sponsored by children, teachers, and nurses and talk- Houston, works at the cooperative ef- Three weeks ago this body passed an ing about the Women, Infants and Chil- increase in military spending of $3.2 fort in a number of our local govern- dren’s Program and the School Lunch ments. We have 2,000 jobs in my dis- billion. The extremists here are cutting Program. nutrition, children’s long-term-for-the- trict that are summer jobs that are Some of the people I met with, some part of that program, 6,000 in Harris future programs on the one hand and of the parents, were unemployed. Most increasing military spending $3 billion County alone. And my concern, by the of them were working part-time or full- on the other hand, for a military in a rescission bill that cuts those 6,000 time, generally for minimum wage. country where our military budget is jobs, we are going to lose out and three Often many of these parents, basically larger than the next nine countries in or four individuals who were there Sat- all of those parents’ children were get- the world. Yet we are increasing mili- urday who were graduates of the Sum- ting school lunches, because their in- mer Jobs Program. come was not high enough that they tary spending, cutting school lunches We have a young lady, Marilena, who paid full price for these lunches. and WIC Programs, and at the same now works at a radio station in Hous- Those parents, those teachers, those time the extremists in this body want ton who got her start in the Summer children, especially those nurses, could to see major tax cuts for the wealthiest Jobs Program. Wilbert, who now is a simply not understand why extremists taxpayers. supervisor for the city of Houston in in this body, in Congress, want to cut Just recently the Republican leaders waste water, got his start in a summer school lunches, want to cut senior nu- in the Committee on Ways and Means jobs program. Laquista is a young lady trition, want to cut programs like have called for an end to the alter- who made the news in Houston who got Women, Infants and Children; Pro- native minimum tax. You may remem- her start working at a summer jobs grams that have been in effect, in ber about 10 years ago President program and now is supervising clean- terms of the School Lunch Program, Reagan and most of the country were up in our community for the city of for literally five decades, started by outraged that many large corporations Houston. Arti, who not only works in Harry Truman in 1946. in this country were able, through all my office, but is also a student who got Other programs, like WIC, that have kinds of use of accountants and law- her start in the Summer Jobs Program. been in effect and working for a couple yers and all their tax breaks and loop- Too often we hear that the majority of decades. Programs that help young holes, literally to avoid paying any party now says that there is no benefit people grow, help pregnant women, Federal tax and sometimes actually to these summer jobs program, but help those children with nutrition and getting the government to pay them there is a benefit, and Saturday morn- counseling. The WIC program, espe- money through some rebate programs. ing I had four people who were grad- cially. And this was what was called a Many large corporations fell into the uates who are now productive citizens WIC center in Twinsburg. category. So Congress and President today because of the Summer Jobs Pro- The WIC Program is not just a give- Reagan enacted something called the gram. And to cut out 2,000 young peo- away program. It is a program where alternative minimum tax to make sure ple in my own district or 6,000 in the working class mothers come in with that every large corporation in this county or thousands all over the Unit- their children, come in while they are country did, in fact, pay some cor- ed States for a 6-week Summer Jobs pregnant and get some nutritional sup- porate income tax to the Government. Program is wrong because what we are plements and are counseled, generally They want to eliminate that alter- doing is we are having some short-term less educated women are counseled native minimum tax. On the one hand savings that provides for some short- about nutrition while they are preg- we are increasing military spending, term tax relief; but in the long term, nant to make sure they have a healthy we are eliminating a tax on major cor- the American people in our country baby. The, after the baby is born, for porations—these are corporations that March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3091 have $250 million or larger in assets— school districts to figure out ways to lower, but we have dropped it dramati- and we are cutting Nutrition Programs make if safer for our children and cally because we bring in pregnant and School Lunch Programs and WIC grandchildren to go to school. mothers. You meet early on with a Programs. I wish we didn’t have to do this. I counselor who says, ‘‘Here are the In the other end of that, they want to wish we could put the money into com- things you should put in your diet to give capital gains tax breaks which puters and teachers. But every one of have a healthy baby. And here are the will go to the richest 1 or 2 or 3 percent us knows in our heart of hearts that things to avoid: Alcohol, narcotics and in this country, in large part. The more than anything we want our kids tobacco, especially.’’ great majority of capital gains, 87 per- coming home at the end of the day And it works. We know it works. It is cent of capital gains cuts, go to the safe. Safe. And yet we are going to cut a proven success. And yet, the Repub- wealthiest people in this country. millions of dollars out of that. licans are coming in with their new vi- This whole Contract With America The Republicans believe this is sion of America to cut out these pro- disturbs me, Mr. Speaker, because it is thoughtful; this is sensible. They don’t grams and reduce the amount of money transferring money from the middle think this investment is necessary. I we put in them. You know when we are class to the rich. It doesn’t make sense wish a few of them could sit down with going pay for that cut? Generations to and I ask for the defeat of the rescis- the teachers in today’s schools who come. Unhealthy kids do not build a sion bill this week. will tell you that taking the weapons strong America. We have got to stick f out of schools, stopping the fighting in schools, and ending the drugs that are with the programs that work. And I UNHEALTHY KIDS DO NOT MAKE A starting to permeate all of our kids’ hope my Republican colleagues will get STRONG AMERICA culture is really the key to security back to their districts and take a look The SPEAKER pro tempore. Under and the key to America’s future and around. the Speaker’s announced policy of Jan- readiness. f uary 4, 1995, the gentleman from Illi- I went back to Springfield, IL, which nois [Mr. DURBIN] is recognized during is in my district, and had another THE RESCISSION BILL morning business for 5 minutes. meeting and this meeting consisted of Mr. DURBIN. Mr. Speaker, I am sure people representing the WIC Program, The SPEAKER pro tempore. Under that many of my Republican colleagues day-care homes, and school lunch pro- the Speaker’s announced policy of Jan- were busy this past weekend, as were grams. My friend the gentleman from uary 4, 1995, the gentlewoman from by colleagues on the Democratic side Ohio, SHERROD BROWN, has talked North Carolina [Mrs. CLAYTON] is rec- of the aisle. I wish some of my Repub- about the school lunch program. I will ognized during morning business for 5 lican colleagues who have proposed not dwell on it. minutes. these cuts in programs might have ac- At that meeting we talked a lot Mrs. CLAYTON. Mr. Speaker, tomor- companied me on my trip through Illi- about what day care means to working row we will consider the rule and the nois. mothers and fathers. A young couple in bill on rescissions. That $17 billion cut My first stop was at a convention in their 20’s came in to see me with their will begin to fundamentally change the Chicago sponsored by the Illinois Edu- children; one was 3 and another in a way the Federal Government acts and cation Association, one of the largest toddler seat. Both of them are working, responds, but more importantly, will groups of teachers in our State. Almost and that is not unusual in America begin to change the fundamental way a thousand teachers met for a 3- or 4- today, and they depend on quality day we respond to Americans. day conference in Chicago to talk care to take care of their kids while While I suspect both will pass, I in- about issues on their mind. they are off to work. tend to oppose both the rule and the I sat down for breakfast in Chicago The Republican proposal on welfare bill. The rule is too restrictive. First, with Gary Jones, a high school teacher reform is going to cut the nutrition it only allows the restoration of pro- in Troy, and Cindy Klickna from grants which we give to day-care cen- grams through other cuts within the Springfield, IL, and I said, ‘‘What is ters and homes across America. This is same chapter. And second, the rule re- different about this convention?’’ And in the name of saving money. What stricts cuts to those programs already they said, ‘‘The budget moved through these families told me was: Congress- proposed to be cut. In short, the rule is quickly and we are glad to see that. man, if the cost of day care gets up too designed to ensure that the dispropor- high, it does not make sense to work. But there is another thing that started tion in cuts proposed cannot be We are working to pay day care. We coming up in the course of these con- changed. versations which is becoming more and want to work. We want to pay taxes According to the analysis of the Cen- more popular.’’ And I said, ‘‘What is and we want to improve our lives and ter on Budget and Policy Priorities, that?’’ And they said, ‘‘Security in buy our homes and prepare for our fu- low-income people will bear 63 percent schools.’’ ture. But do not make an additional of the cuts, where they only account Teachers who for years have been burden on day care, which is literally meeting and talking, scarcely talked going to pull the plug on a lot of work- for 12 percent. And over 12 percent of about the question of security of teach- ing families. the total budget is paying 63 percent of ers and students in schools. But now it In Quincy, a week ago, there was a the cuts proposed. The rule makes it has become an issue of paramount im- woman working 45 hours a week in fast virtually impossible to correct that portance, not only in the city of Chi- food who had her daughter in day care imbalance of the shift of more burdens cago but across the State. who said, ‘‘If you are going to raise my to the poor. All of us understand as we read in the day care bill 20 percent, I have to stop I cannot support such a rule, Mr. newspaper about violence among kids. and really think does this make sense Speaker. Again, I cannot support such Children bringing knives and guns to anymore?’’ a rule that reverses in such a basic and school. Unfortunate and tragic inci- In the midst of a welfare debate we elemental way the way in which we dents involving injury and death, should be encouraging people to work. provide for the quality of life for the schoolchildren one to another and We should be helping them to stay on poor that Americans have come to ex- threats to teachers. This is today’s re- the job. We should not be increasing pect and in fact, have come to rely ality. the overhead costs of going to work. upon. The reason why this is relevant is The same thing is true on the WIC The rescission bill would change how that this week on this floor of this Program. Here is a program which is a poor people eat, where poor people live, House of Representatives we will be dramatic success—40 percent—40 per- and where the poor people work, and considering a Republican rescission cent of the infants in America are in what they can learn, and where they bill, which is a spending cut bill, which our Federal WIC Program. And you can travel, and how poor people can at- will cut money for what is known as know why it is such a big program? It tend to their health care when they are Safe and Drug-Free Schools. Money works. in need. that we have put into a special account We have dropped the infant death It should be noted that the quality of in the Federal Government to give to rate in America. It should go even life for poor people cannot be changed H 3092 CONGRESSIONAL RECORD — HOUSE March 14, 1995 significantly or dramatically without Funding for safe and drug-free vote on the ground that quorum is not affecting the quality of life of all of us. schools, as my colleague has just men- present and makes the point of order We all live in America and as they are tioned to you, will be drastically cut. that a quorum is not present. affected, we are also affected. Some $482 million will be lost, includ- Pursuant to clause 5 of rule I, further If poor become poorer in our society, ing $9 million, Mr. Speaker, from my proceedings on the question will be the resources from those of us who are State of North Carolina. And for those postponed until 5 o’clock this after- affluent and rich certainly will be lucky enough to receive training, they noon. drained. If poor people are not involved will not have jobs to go to because The point of no quorum is considered in the mainstream of our economy, the transportation will be cut. withdrawn. mainstream of America will suffer as a Mr. Speaker, it seems to me that the f consequence of that. rescission bill really is a contract for In our blind rush to change things, it disaster for poor people in America. PLEDGE OF ALLEGIANCE seems that we are ignoring these f The SPEAKER. Will the gentleman changing factors. To review some of RECESS from North Carolina [Mr. FUNDERBURK] these changes, let’s consider that again come forward and lead the House in the according to the Center on Budget and The SPEAKER pro tempore. There Pledge of Allegiance. Policy Priorities, the low-income el- being no further requests for morning Mr. FUNDERBURK led the Pledge of derly will be the hardest hit by a re- business, pursuant to clause 12, rule I, Allegiance as follows: scission. Why? Because the low income the House will stand in recess until 2 energy assistance program will be I pledge allegiance to the Flag of the p.m. United States of America, and to the Repub- eliminated from these cuts. More than Accordingly (at 1 o’clock and 13 min- lic for which it stands, one Nation under half of a million senior citizens will no utes p.m.) the House stood in recess God, indivisible, with liberty and justice for longer have assistance in the cold of until 2 p.m. all. winter for heating purchases. f f Also the low-income housing assist- ance program will also be drastically b 1400 APPOINTMENT OF MEMBERS OF reduced. Poor children will be hit very, AFTER RECESS REVIEW PANEL OF THE OFFICE very bad by this bill. Excluding the OF FAIR EMPLOYMENT PRAC- The recess having expired, the House housing and the energy assistance pro- TICES OF THE HOUSE OF REP- was called to order by the Speaker at 2 grams, $5 of every $6 proposed for the RESENTATIVES cut will affect children and youth. p.m. The SPEAKER pro tempore (Mr. Children and youth thus far will face a f SHAYS). Pursuant to the provisions of double hit, because they also are as- PRAYER rule LI, the Chair appoints to the re- sisted by the assistance for housing view panel of the Office of Fair Em- and also for fuel assistance. The Chaplain, Rev. James David ployment Practices the following em- More importantly, to receive no as- Ford, D.D., offered the following pray- ployees of the House of Representa- sistance means that low-income fami- er: lies with children must bear a dis- Pour down upon us, gracious God, the tives: Ms. Elizabeth Haas, legal coun- proportionate burden. The availability mercies and the judgments of Your sel, Office of the Clerk; and Mr. Randy of housing for the poor will be made far word. Where we have missed the mark, Johnson, workplace policy coordinator, more difficult if, indeed, the rescission grant us correction; where we have de- Committee on Economic and Edu- package goes through. nied Your spirit and gone our own way, cational Opportunities. These are fundamental changes in grant us forgiveness; when we have f the quality of life of our citizens. While spoken the truth and done good works, REPUBLICAN CONTRACT WITH poor children will be cold, they may give us encouragement; when we feel also be malnourished. Despite facts and alone or in need of Your healing care, AMERICA statements to the contrary, more cuts grant us Your abiding peace. We place (Mr. GUTKNECHT asked and was in nutrition will indeed, occur, Mr. before, O God, our prayers and the se- given permission to address the House Speaker, despite the fact that the op- cret petitions of our hearts asking that for 1 minute and to revise and extend posing side is saying that that will not Your word speak to us in the depths of his remarks.) happen. our being. In Your name, we pray. Mr. GUTKNECHT. Mr. Speaker, our Consider this fact: The WIC program Amen. Contract With America states the fol- will be cut by $25 million in this rescis- f lowing: sion package, even before we get to the On the first day of Congress, a Re- welfare reform next week. So to sug- THE JOURNAL publican House will require Congress to gest that we are not cutting, we are The SPEAKER. The Chair has exam- live under the same laws as everyone going to make sure that children, preg- ined the Journal of the last day’s pro- else; cut committee staffs by one-third; nant women, and the very small suffer ceedings and announces to the House and cut the Congressional budget. the most. his approval thereof. We kept our promise. Why are we doing this? Where is the Pursuant to clause 1, rule I, the Jour- It continues that in the first 100 days, rationale for making these drastic nal stands approved. we will vote on the following items: A cuts? In a sense, Mr. Speaker, we are Mr. HASTERT. Mr. Speaker, pursu- balanced budget amendment—we kept imposing unfunded mandates on the ant to clause 1, rule I, I demand a vote our promise; unfunded mandates legis- States. I submit to you, by cutting on agreeing to the Speaker’s approval lation—we kept our promise; line-item these funds we are shifting the burden of the Journal. veto—we kept our promise; a new from the Federal Government to the The SPEAKER. The question is on crime package to stop violent crimi- States. And it will be, indeed, the ex- the Chair’s approval of the Journal. nals—we kept our promise; national se- pectation of the poor and those who The question was taken; and the curity restoration to protect our free- have come to rely on these, they will Speaker announced that the ayes ap- doms—we kept our promise; Govern- now go to the States or to their local peared to have it. ment regulatory reform—we kept our Governor expecting them to bear up Mr. HASTERT. Mr. Speaker, I object promise; commonsense legal reform to this burden. to the vote on the ground that a end frivolous lawsuits—we kept our The States will have very little, I quorum is not present and make the promise; welfare reform to encourage suspect, in responding to those who are point of order that a quorum is not work, not dependence; family rein- cold in the winter, who are ill-housed. present. forcement to crack down on deadbeat Therefore, Mr. Speaker we should not The SPEAKER. The gentleman from dads and protect our children; tax cuts be doing this. Illinois [Mr. HASTERT] objects to the for middle-income families; Senior March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3093 Citizens’ Equity Act to allow our sen- of having to sell their farms to pay the And they cannot accept that the iors to work without Government pen- tax man. bloated bureaucracy will be reduced to alty; and Congressional term limits to Mr. Speaker, the farmer has had pay for much-needed tax relief. make Congress a citizen legislature. enough—enough of interference, They think Government should be This is our Contract With America. enough of redtape, and enough of the even bigger. f IRS. Let us do something right for the They think Government does just a men and women who put the food on wonderful job of delivering services. BLOCK GRANTS DO NOT FEED the table. For starters let us pass H.R. They think the Government needs a CHILDREN 501, which allows farm families to hand raise. (Mr. BONIOR asked and was given their and down from each generation But Republicans will put Govern- permission to address the House for 1 without fear of the IRS. ment on a diet. We will read every minute and to revise and extend his re- f page, check every line, and challenge marks.) every figure in a search to cut waste, Mr. BONIOR. Mr. Speaker, after just FREEDOM OF CHOICE ON BUDGET fraud, and abuse. 67 days in power, the Republicans are CUTS This is nothing less than a fight to now known as the party that cut (Mr. ANDREWS asked and was given preserve the American dream for our school lunches. permission to address the House for 1 children. And we will deliver. Today, they are actually trying to minute and to revise and extend his re- f convince us that block grants will be marks.) better for children. Mr. ANDREWS. Mr. Speaker, this is THE SHAMEFUL REVERSE ROBIN But that is not what they said in the HOOD POLITICS OF THE REPUB- past. a place where we come to make choices. Many of us, both Republican LICAN PARTY In 1982, Congressman WILLIAM GOOD- and Democrat, are ready to make (Ms. DELAURO asked and was given LING said, and I quote: ‘‘a child’s nutri- tion needs do not vary from State to choices to reduce the Federal budget, permission to address the House for 1 State.’’ but today in the Committee on Rules, minute and to revise and extend her re- the Republican leadership of the Com- marks.) Senator BOB DOLE said: ‘‘The nutri- tion area is one that does not easily mittee on Rules is ready to deny us a Ms. DELAURO. Mr. Speaker, why are lend itself to State responsibility’’ and choice, a series of choices, that the Republicans cutting school lunches for added ‘‘It is appropriate that the Fed- American people have a right to hear our children, heating assistance for our eral Government retain primary re- us make. seniors, and health care for our veter- sponsibility for nutrition programs.’’ This week on this floor, we will have ans? To pay for yet another tax cut for And Speaker, GINGRICH himself co- presented to us a $17 billion budget cut the wealthy. sponsored a resolution which said, and proposal by the Republican majority. Last week we finally got a look at I quote, ‘‘the Federal Government Some of us agree that the budget ought the Republican tax giveaway, and we should retain primary responsibility to be cut, but ought to be cut in dif- found that 50 percent of the benefits of for the child nutrition program and ferent places. We want to offer an the Republican tax cuts go to people such programs should not be included amendment that would say: ‘‘Let us making $100,000 or more. The capital in any block grant.’’ not take home heating assistance away gains cut is worth $8,000 to families Mr. Speaker, block grants do not feed from senior citizens across this coun- making $200,000 or more, while working children. try; instead, let us take the money middle class families making $30,000 or Republicans understood that in the from the S&L bailout. Let us not take less would only get a tax cut worth $92. past. But now that they need the money away from reading teachers for Mr. Speaker, I say to my colleague money to pay for their tax cuts for the children across this country; let us who just spoke, yes, that is a fact, it is wealthy, they seem to have forgotten. take the money from energy subsidies a diet, it is a diet for the working mid- Well, I promise you this, Mr. Speak- to huge multinational corporations. dle class families of this country. Cut- er: the American people will not forget. We are not going to get the right to ting services for the most vulnerable to make that choice unless the rule pro- benefit the most privileged 2 percent of f posed by the Republican leadership is Americans is wrong. The reverse Robin PUT THE FARMER FIRST defeated. Honor your Contract With Hood politics of the Republican Party (Mr. FUNDERBURK asked and was America, open up the promise, and de- is shameful. given permission to address the House feat this rule. f for 1 minute and to revise and extend f his remarks.) TELL THE AMERICAN PEOPLE THE Mr. FUNDERBURK. Mr. Speaker, I REPUBLICANS PROMISE DELIVERY TRUTH have often said that farmers are the ON FIGHT TO PRESERVE THE (Mr. JONES asked and was given per- backbone of my district. The Second AMERICAN DREAM mission to address the House for 1 District of North Carolina from Rocky (Mr. CHABOT asked and was given minute and to revise and extend his re- Mount to Dunn is the second largest permission to address the House for 1 marks.) producer of tobacco in America. We minute and to revise and extend his re- Mr. JONES. Mr. Speaker, I have also have hundreds of soybean, peanut, marks.) come to the floor of the House to and livestock farms. Unfortunately, Mr. CHABOT. Mr. Speaker, you will confront my Democratic colleagues Washington treats these hard working hear a lot of whining, weeping, and who seem more intent on distortions, Americans like criminals. It taxes and gnashing of teeth on the other side of regarding the future of the School regulates them. the aisle in the coming days. You see, Lunch Program, rather than promoting A classic example of Washington’s the liberal Democrats just cannot ac- the health and safety of our Nation’s war on farmers is the tax penalty the cept that under our Republican tax re- most precious asset—our children. I IRS imposes on those who pass farm- lief plan, Americans will actually be hope these individuals abandon hollow land down to their family members. allowed to keep more of their own political rhetoric and tell the Amer- Farmers have 2 years to notify the IRS money. ican public the truth. The Republican that someone has died. The liberal Democrats think all plan is growing school meals by 4.5 per- The catch is that the IRS has not money belongs to the Government. cent. Tell the American people the make hundreds of farm families aware They think the Government needs truth. By the year 2000, we will be of this requirement. For farmers who the money more than working families spending $1 billion more on school do not have time to read the IRS fine do. lunches than today. Tell the American print, the tax police demand back taxes They think Government does a better public the truth, Republicans are cut- and penalties which are so severe, that job of spending your money than you ting out Federal bureaucrats and these farmers are now in the position do. bringing school lunches closer to home. H 3094 CONGRESSIONAL RECORD — HOUSE March 14, 1995 Mr. Speaker, for the sake of our chil- which had evolved only in association minor—though politically valuable—service dren, let us hope the Democrats end with this plant and therefore, was an to Gingrich. Neither should anybody else in this partisan charade and tell the truth extremely rare fungus. More analysis the $100 a year club. about the Republican school lunch pro- found this fungus produced an agent f posal—increased funding, more meals which had strong antifungal properties, for the children who need them, and with potential for pharmaceutical uses. ENCOURAGING MEMBERS TO JOIN fewer Federal bureaucrats What are the real-life implications of IN SPECIAL ORDER ON TIMBER micromanaging our lives. discovering such agents in rare plants? SALVAGE f Curing an array of diseases. (Mr. COOLEY asked and was given The $79 billion pharmaceutical indus- permission to address the House for 1 MEXICO DOES NOT DESERVE COM- try relies on natural resources for 40 minute and to revise and extend his re- MENDATION FOR THEIR WAR percent of its prescriptions. Rare marks.) AGAINST DRUGS plants and animals may very well hold Mr. COOLEY. Mr. Speaker, tonight, (Mr. TRAFICANT asked and was the key to curing the common cold, time permitting, I will be giving a very given permission to address the House AIDS, and cancer. important special order on timber sal- for 1 minute and to revise and extend f vage, an issue that is vital to my dis- his remarks.) trict and the West. Mr. TRAFICANT. Mr. Speaker, 2 out URGING MEMBERS TO COSPONSOR I will explain at length the necessity of every 3 tons of cocaine that comes LEGISLATION TO OPEN FEDERAL of salvage and the benefits to the envi- into America comes from Mexico and HEALTH CARE CHOICES TO ronment, economy, and Federal budg- through Mexico. Brown Mexico heroin SMALL BUSINESS EMPLOYEES et. is as plentiful in American cities at AND TO SELF-EMPLOYED AMERI- I invite everyone to watch in prepa- times as jelly beans. Three assassina- CANS ration for tomorrow’s debate. We will tions in Mexico were recently now at- (Mrs. SCHROEDER asked and was be embarking on a course that brings tributed to the drug cartel down there given permission to address the House our timber policy back to sanity. in Mexico. for 1 minute, to revise and extend her For too long we have fought battles It has gotten so bad Mexicans are remarks, and to include extraneous against those whose idea of preserva- running across the border with matter.) tion is pickling our national forests backpacks full of cocaine and heroin, Mrs. SCHROEDER. Mr. Speaker, I and putting them on a shelf with a do and guess what, the administration am wearing this blue ribbon because not disturb sign. It is time to wake up commended Mexico for their war the Girl Scouts today are asking every- and change this destructive mentality. against drugs. one to be the best that they can be, and Tonight, I, along with several of my Beam me up, Mr. Speaker. Commend- to take some kind of a pledge to try colleagues, will try to dispel some of ing Mexico for their war against drugs and make our communities better. these myths. I am looking forward to is like commending Iran for their One of the things I would hope Mem- this opportunity and encourage as record on terrorism. I think NAFTA bers would do would be to seriously many as can to join me. has taken on a whole new meaning. It consider cosponsoring the bill I have, f now should be known as the ‘‘Narcotics because I think it would make Ameri- Anonymous Federal Treatment Admin- cans’ lives better. What would it do? I b 1415 istration,’’ and believe me, we need it. have a bill that would allow anyone I think the truth is, I remember who works for a small employer or who REPUBLICAN BUDGET CUTS when the administration gave a pat on is self-employed to be able to bid off (Mr. OWENS asked and was given the back to Gen. Manuel Noriega for the same Federal menu of health care permission to address the House for 1 his efforts on drugs. Think about that choices we as Members of Congress get minute and to revise and extend his re- one a while. to, the President gets to, and Federal marks.) f employees get to. Mr. OWENS. Mr. Speaker, I would Boy, would that give people some like to make one more plea for reason THE IMPORTANCE OF choices and put them in a large pool and justice in the fiscal decisionmak- BIODIVERSITY where their premiums would be much ing process of the 104th Congress. Mr. (Mr. GILCHREST asked and was more reasonable. Speaker, through the rescission proc- given permission to address the House Mr. Speaker, I include for the ess, to immediately cut the Summer for 1 minute and to revise and extend RECORD this editorial in Roll Call this Youth Employment Program is a reck- his remarks.) week talking about how the Speaker of less and barbaric act. First, planned Mr. GILCHREST. Mr. Speaker, the House has put on the payroll once school lunch cuts and now the over- today, I would like to discuss an inter- a year for $100 his fundraiser, so she night zero in the budget for summer esting story about the Endangered Spe- could have access to that health care. teenage employment. This savage cut cies Act. As the Resources Committee Let us avoid this. Let us let everyone again dramatically demonstrates the begins to hold hearings on this issue, it have it, and let us move on. Republican contempt for the work is imperative that important facts The editorial referred to is as follows: ethic. We say we want the poor to work about endangered species and THE $100 A YEAR CLUB and then we wipe out the Jobs Program biodiversity be known. The ESA is Her fundraising services were worth $16,000 for teenagers. Instead of saving money vital to maintaining our natural re- to Rep. Newt Gingrich’s (R-Ga) campaign be- by compounding the sense of hopeless- sources and to maintaining our quality tween 1990 and 1993; helping Gingrich’s Con- ness among our youth, let’s save of life. gressional staff learn how to answer con- money by cutting the Sea Wolf sub- I would like to illustrate this by dis- stituent mail brought Nancy Bocskor a mea- marine; let us cut the CIA and the in- cussing an endangered plant called the sly $100 a year. So, why did she bother? The telligence budget from $28 to $14 bil- hundred bucks Bocskor earned on Gingrich’s Lake Placid scrub mint which is found payroll enabled her to maintain her partici- lion. in only 300 acres in Central Florida. pation in the federal employees’ health care If we cut farm price supports in half Scientists discovered that insects were plan—a far cheaper and better alternative we could save $8 billion. If we dis- not eating this rare plant. With further than buying private insurance (Roll Call, continue the unnecessary manufacture analysis, scientists found the plant March 9). Nothing wrong with that, says of the F–22 fighter plane we could save contained a strong natural insect re- Gingrich spokesman Tony Blankley. It’s all $17 billion over the next 6 years. Using pellent called trans-pulegol, as power- legitimate under the rules. The question, reason and a sense of justice there are ful as any known insect repellent. The Blankley says, ‘‘is whether the procedures effective cuts that can be made to re- should be changed, if somebody thinks they possibilities for agriculture are enor- are not correct.’’ Well, we do. Bocskor is a duce the Federal budget. But the hi- mous. political fundraising consultant, not a real tech barbarian approach is a dishonest Scientists also discovered a sym- Hill employee. She shouldn’t gain access to approach, an overwhelming bully biotic fungus growing on the plant official benefits just because she performed a power approach. Fiscal decisionmaking March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3095 in the 104th Congress is now so lopsided TAYLOR-DICKS EMERGENCY the other side of the aisle are sadly that it is becoming a form of legalized TIMBER SALVAGE AMENDMENT misinformed. corruption. Let us please stop the mad- (Mr. HERGER asked and was given They can continue the scare tactics, ness now. permission to address the House for 1 the distortions, the out-and-out hysteria. It is time we told the truth. f minute and to revise and extend his re- marks.) Republicans care about children and our numbers prove it. THE NEW SALT II Mr. HERGER. Mr. Speaker, much of our national forests in the West are We are growing School Lunch Pro- (Mrs. SEASTRAND asked and was sick and dying. Drought, disease, in- grams by 4.5 percent per year for the given permission to address the House sects, and fire are killing our forest in next 5 years. By the year 2000, we will for 1 minute.) epidemic proportions. Some forests are be spending $1 billion more on the Mrs. SEASTRAND. Mr. Speaker, it is already 60 and 70 percent dead. We School-Based Nutrition Program than time for a nuclear moratorium, a mor- must restore the health of our forests today. atorium on the thermo-nuclear rhet- before it is too late. The best way to do Yes, Mr. Speaker, it is clear that Re- oric spouted by the Democratic White this is to remove the source of sickness publicans care about children and our House and those who continue to de- as soon as possible. Insects and disease numbers prove it. The American public fend the failed welfare state and sky- cannot kill living trees if we remove should ask who the Democrats care rocketing deficits. the infested trees from the forest. Dead about when they oppose a 4.5-percent We talk of transforming the poor. brittle trees cannot become the kin- spending increase for school lunches They hold up children. We want to end dling for wildfire if we extract them and $1 billion more by the year 2000. Do they care about a School Lunch subsidized illegitimacy. They hold up from overstocked timber stands. Mr. Program that is closer to home? Do children. We talk about giving more Speaker, if we really want to preserve they care about our children and their flexibility to the States. And they hold our forests, then we must act now. The Taylor-Dicks emergency timber sal- future or do they care about some Fed- up children. vage amendment to the supplemental eral bureaucrats? Mr. Speaker, have they no shame? appropriations bill before the House f Children cannot and should not be used this week will curb the death cycle in as political shields. We have the moral our forest. Mr. Speaker, I urge my col- THE CONTRACT WITH AMERICA obligation to our children to reduce the leagues to support this crucially im- AND THE CONSTITUTION deficit and reform welfare. It is be- portant amendment. (Mr. WATT of North Carolina asked cause we care about saving the future f for our children and grandchildren, and and was given permission to address it is because we know that our children REPUBLICAN RESCISSIONS the House for 1 minute and to revise do matter that we are taking on the PACKAGE and extend his remarks.) Mr. WATT of North Carolina. Mr. difficult tasks of cutting the Federal (Mr. RICHARDSON asked and was Speaker, the Republicans have a Con- bureaucracy. We are willing to make given permission to address the House tract With America. Unfortunately, the difficult decisions. for 1 minute and to revise and extend they do not seem to care whether it Mr. Speaker, it is time to sign the his remarks.) violates this contract with America, new SALT II treaty. S. Stop the rhet- Mr. RICHARDSON. Mr. Speaker, the the Constitution of the United States. Republican Contract With America is oric. A. Assume responsibility. L. This contract with America, the Con- not with middle class America. It is a Limit the bureaucracy. T. Tackle the stitution, took another hit last week. contract to help well-to-do and cor- problem. The nuclear rhetoric must They called it tort reform but what porate America. The middle-class hard- end. they did was federalize all the legal working people of this country are standards, and that, my friends, is con- f going to be paying for Republican tax trary to the commerce clause and the cuts for the wealthy. 10th amendment to the Constitution. REPUBLICAN BUDGET CUTS Here are the facts. Republicans will Let’s strike out another provision in cut funding for every American who (Mr. WARD asked and was given per- the Constitution, punch it out again, wants to choose educational television mission to address the House for 1 punch it out again, my Republican col- minute and to revise and extend his re- programs. Republicans will cut funding for veterans, for medical equipment leagues. Your Constitution is going marks.) down the drain. Punch it out again. Mr. WARD. Mr. Speaker, hearing that vets need even though more veter- ans need medical help. Republicans f about salt, I can only think of child nu- will cut funding for students by cutting trition. I can only think of our School drug-free schools, summer jobs for MARCH MADNESS Lunch Programs. I can only think youth, academic scholarships, a total (Mr. HOKE asked and was given per- about what we have heard from the of $1.7 billion in education cuts. mission to address the House for 1 people who are supporting and who are Mr. Speaker, it is virtually certain minute.) committed to one thing and one thing that none of these cuts will go for defi- Mr. HOKE. It is the commerce clause, only, and, that is, this Republican con- cit reduction. the commerce clause is the part of the tract. Mr. Speaker, instead the savings will Constitution that gives the mandate to They hate it when we stand up here, go to finance a capital gains tax cut, 76 the Congress to do what we did last those of us who are fighting for our percent that will go to people with in- week. working families, and remind them comes of $100,000 or more. Mr. Speaker, March madness usually that a cut is a cut if it does not meet Mr. Speaker, this is not a contract refers to that time of year when all col- the need. The need is what the goal is with middle-class America. lege basketball fans glue themselves to here, the need of our children to have a f the television and become transformed hot meal at school because that may be into screaming, raving hoops fanatics. the only place they get it. REPUBLICANS CARE ABOUT However, this year March madness has If you raise by 4.5 percent the money CHILDREN taken on a few new connotations. that is being spent, that is still not an (Mr. RIGGS asked and was given per- March madness could refer to the increase if the need has gone up by mission to address the House for 1 wild distortions that the bitter defend- more. If you cap that increase at 4.5 minute.) ers of big Government the liberal percent and the need does in fact go up Mr. RIGGS. Mr. Speaker, we just Democrats, are spreading about the Re- by more, you are taking food from the heard more baloney. The principal tax publican welfare plan. March madness mouths of our children. That is not cut in the Contract With America is a could refer to the scare tactics and the what the voters have sent us here to $500 per child tax credit. If that is a tax false hysteria Democrats have ignited do. break for the rich, then our friends on among the poor children in America H 3096 CONGRESSIONAL RECORD — HOUSE March 14, 1995 telling them that they will starve REPUBLICANS ARE NOT CUTTING ANNOUNCEMENT BY THE SPEAKER under the Republican majority. Finally SCHOOL LUNCHES PRO TEMPORE March madness could refer to the fact (Mr. LAHOOD asked and was given The SPEAKER pro tempore (Mr. that yet another member of President permission to address the House for 1 SHAYS). Pursuant to the provisions of Clinton’s Cabinet has become involved minute.) clause 5 of rule I, the chair announces in yet another ethics investigation. that he will postpone further proceed- Mr. Speaker, what madness is next? Mr. LAHOOD. Mr. Speaker, I see where several of our colleagues on the ings today on each motion to suspend f other side of the aisle are up to their the rules on which a recorded vote or CUTTING CHILDREN’S PROGRAMS same old class warfare tricks. The gen- the yeas and nays are ordered, or on which the vote is objected to under (Mr. POMEROY asked and was given tleman from Michigan, the distin- guished minority whip, said that Re- clause 4 of rule XV. permission to address the House for 1 Such rollcall votes, if postponed, will publicans are giving working Ameri- minute and to revise and extend his re- be taken after debate has concluded on cans the cold shoulder. Well, the Demo- marks.) all motions to suspend the rules, but Mr. POMEROY. Mr. Speaker, activi- crats’ class warfare will not wash with not before 5 p.m. today. ties occurring in the 104th Congress the American people. this week make very clear the warped Republicans are not out to cut school f priorities and bad economics of the Re- lunches. Actually our program will in- ALASKA NATIVE CLAIMS publican’s contract on America. The crease school lunches to the children of SETTLEMENT ACT AMENDMENTS warped priorities are evident in the our country. We do not intend to cut Mr. YOUNG of Alaska. Mr. Speaker, I programs subject to deep and painful the School Lunch Program. Our pro- spending cuts: school lunches, day-care move to suspend the rules and pass the posal will actually increase school bill (H.R. 402) to amend the Alaska Na- nutrition, drug-free schools, and sev- lunches. eral other programs representing an tive Claims Settlement Act, and for We offer incentives. Our proposals important investment in our next gen- other purposes, as amended. eration. In short, help for our kids that offer better opportunities. The Demo- The Clerk read as follows: our kids need. crats offer the same old class warfare H.R. 402 And for what are these cuts being rhetoric with more taxing and more Be it enacted by the Senate and House of Rep- made? Being made to finance a tax spending. resentatives of the United States of America in package to be voted on in the Commit- I urge the American people to look Congress assembled, tee on Ways and Means, a package that carefully at what we the Republicans SECTION 1. RATIFICATION OF CERTAIN CASWELL represents the more you make, the are attempting to do, which is provide AND MONTANA CREEK NATIVE ASSO- more you are going to get. In fact, this more school lunches for our school CIATIONS CONVEYANCES. The conveyance of approximately 11,520 tax package makes it clear the breaks children. acres to Montana Creek Native Association, are going to be even more lucrative in f Inc., and the conveyance of approximately the future. Consider it the gift that 11,520 acres to Caswell Native Association, keeps on giving for America’s most b Inc., by Cook Inlet Region, Inc. in fulfill- privileged and powerful. 1430 ment of the agreement of February 3, 1976, So there it is. Cuts in programs for and subsequent letter agreement of March our kids to fund tax breaks for the TAKE FROM OUR FAMILIES AND 26, 1982, among the three parties are hereby most privileged. The contract for GIVE TO THE BUREAUCRATS adopted and ratified as a matter of Federal America is bad news for this country (Mr. KNOLLENBERG asked and was law. These conveyances shall be deemed to be conveyances pursuant to section 14(h)(2) because it is bad news for our kids. given permission to address the House of the Alaska Native Claims Settlement Act f for 1 minute and to revise and extend (43 U.S.C. 1613(h)(2)). The group corporations his remarks.) for Montana Creek and Caswell are hereby FCC SPECTRUM AUCTIONS Mr. KNOLLENBERG. Mr. Speaker, declared to have received their full entitle- (Mr. OXLEY asked and was given we are seeing a new version of Robin ment and shall not be entitled to the receipt permission to address the House for 1 of any additional lands under the Alaska Na- Hood displayed by the Democrats this tive Claims Settlement Act. The ratification minute and to revise and extend his re- week. They want to ‘‘take as much as marks.) of these conveyances shall not have any possible from hard working families other effect upon section 14(h) of the Alaska Mr. OXLEY. Mr. Speaker, I want to and give to the bureaucrats in Wash- Native Claims Settlement Act (43 U.S.C. today applaud yesterday’s spectrum ington, DC.’’ 1613(h)) or upon the duties and obligations of auction conducted by the Federal Com- the United States to any Alaska Native Cor- Minority Leader GEPHARDT even munications Commission. The poration. This ratification shall not be the broadband auction for personal com- called the Republican proposal to give basis for any claim to land or money by munications services resulted in bids of a $500 per child tax credit to families Caswell or Montana Creek group corpora- more than $7 billion, that is 7 with a ‘‘an appalling display of Republican in- tions or any other Alaska Native Corpora- ‘‘B’’, billion dollars, exceeding all pre- difference to working people.’’ This tax tion against the State of Alaska, the United vious estimates. credit will benefit approximately 50 States, or Cook Inlet Region, Incorporated. Pioneer preference licenses to compa- million families—90 percent of whom SEC. 2. MINING CLAIMS AFTER LANDS CONVEYED TO ALASKA REGIONAL CORPORA- nies using new innovative technologies earn less than $75,000 a year. Yet the TION. resulted in bids of over $700 million. As minority party claims this is bad for Section 22(c) of the Alaska Native Claims many as 300,000 new jobs will be cre- working families. Settlement Act (43 U.S.C. 1621(c)) is amended ated as a result of these auctions. Whose family would be worse off by adding at the end the following: They have been more than successful today with an additional $1,000 to help ‘‘(3) This section shall apply to lands con- veyed by interim conveyance or patent to a than I ever dreamed when I first intro- make ends meet? Whose family would duced this concept a few years ago in regional corporation pursuant to this Act be worse off with $1,000 to start a col- which are made subject to a mining claim or that auction revenues now will ap- lege education fund for their children? claims located under the general mining proach an impressive $9 billion. This is Whose family would be worse off with laws, including lands conveyed prior to en- $9 billion that will go to the Treasury. more of their own hard-earned money? actment of this paragraph. Effective upon Rarely do we see an idea whose time Mr. Speaker, it is time we start cut- the date of the enactment of this paragraph, the Secretary, acting through the Bureau of has not only come but has produced ting bureaucracy here in Washington, the kind of revenue to the taxpayers Land Management and in a manner consist- DC, and returning control and money that this particular provision has. ent with section 14(g) of this Act, shall to American families. Despite what the Our full Committee on Commerce to- transfer to the regional corporation adminis- minority party claims, the $500 per tration of all mining claims determined to morrow will consider legislation to ex- be entirely within lands conveyed to that tend the FCC’s auction authority by child tax credit is good for all working families and I urge my colleagues to corporation. Any person holding such mining the year 2000. We plan to continue in claim or claims shall meet such require- that vein. support it. ments of the general mining laws and section March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3097 314 of the Federal Land Management and SEC. 5. NATIVE ALLOTMENTS. Region, Incorporated, and its subsidiaries in Policy Act of 1976 (43 U.S.C. 1744), except Section 1431(o) of the Alaska National In- any and all claims arising from Federal or that any filings which would have been made terest Lands Conservation Act (94 Stat. 2542) Cook Inlet Region, Incorporated, ownership with the Bureau of Land Management if the is amended by adding at the end the follow- of the land and structures prior to their re- lands were within Federal ownership shall be ing: turn to the United States. timely made to the appropriate regional cor- ‘‘(5) Following the exercise by Arctic Slope SEC. 8. SHISHMAREF AIRPORT AMENDMENT. poration. The validity of any such mining Regional Corporation of its option under The Shishmaref Airport, conveyed to the claim or claims may be contested by the re- paragraph (1) to acquire the subsurface es- State of Alaska on January 5, 1967, in Patent gional corporation, in the place of the United tate beneath lands within the National Pe- No. 1240529, is subject to reversion to the States. All contest proceedings and appeals troleum Reserve—Alaska selected by United States, pursuant to the terms of that by the mining claimants of adverse decisions Kuukpik Corporation, where such subsurface patent for nonuse as an airport. The Sec- made by the regional corporation shall be estate entirely surrounds lands subject to a retary is authorized to reacquire the inter- brought in Federal District Court for the Native allotment application approved under ests originally conveyed pursuant to Patent District of Alaska. Neither the United States section 905 of this Act, and the oil and gas in No. 1240529, and, notwithstanding any other nor any Federal agency or official shall be such lands have been reserved to the United provision of law, the Secretary shall imme- named or joined as a party in such proceed- States, Arctic Slope Regional Corporation, diately thereafter transfer all right, title, ings or appeals. All revenues from such min- at its further option and subject to the con- and interest of the United States in the sub- ing claims received after passage of this currence of the Kuupik Corporation, shall be ject lands to the Shishmaref Native Corpora- paragraph shall be remitted to the regional entitled to receive a conveyance of the re- tion. Nothing in this section shall relieve the corporation subject to distribution pursuant served oil and gas, including all rights and State, the United States, or any other poten- to section 7(i) of this Act, except that in the privileges therein reserved to the United tially responsible party of liability, if any, event that the mining claim or claims are States, in such lands. Upon the receipt of a under existing law for the clean up of hazard- not totally within the lands conveyed to the conveyance of such oil and gas interests, the ous or solid wastes on the property, nor shall regional corporation, the regional corpora- entitlement of Arctic Slope Regional Cor- the United States or Shishmaref Native Cor- tion shall be entitled only to that proportion poration to in-lieu subsurface lands under poration become liable for the cleanup of the of revenues, other than administrative fees, section 12(a)(1) of the Alaska Native Claims property solely by virtue of acquiring title reasonably allocated to the portion of the Settlement Act (43 U.S.C. 1611(a)(1)) shall be from the State or from the United States. mining claim or claims so conveyed.’’. reduced by the amount of acreage deter- mined by the Secretary to be conveyed to The SPEAKER pro tempore. Pursu- SEC. 3. SETTLEMENT OF CLAIMS ARISING FROM Arctic Slope Regional Corporation pursuant ant to the rule, the gentleman from HAZARDOUS SUBSTANCE CONTAMI- to this paragraph.’’. NATION OF TRANSFERRED LANDS. Alaska [Mr. YOUNG] will be recognized SEC. 6. REPORT CONCERNING OPEN SEASON FOR The Alaska Native Claims Settlement Act CERTAIN NATIVE ALASKAN VETER- for 20 minutes, and the gentleman from (43 U.S.C. 1601 et seq.) is amended by adding ANS FOR ALLOTMENTS. Massachusetts [Mr. STUDDS] will be at the end the following: (a) IN GENERAL.—No later than six months recognized for 20 minutes. ‘‘CLAIMS ARISING FROM CONTAMINATION OF after the date of enactment of this Act, the The Chair recognizes the gentleman TRANSFERRED LANDS Secretary of the Interior, in consultation from Alaska [Mr. YOUNG]. with the Secretary of Agriculture, the State Mr. YOUNG of Alaska. Mr. Speaker, I ‘‘SEC. 40. (a) As used in this section: of Alaska and appropriate Native corpora- ‘‘(1) The term ‘contaminant’ means hazard- tions and organizations, shall submit to the yield myself such time as I may ous substances harmful to public health or Committee on Resources of the House of consume. the environment, including asbestos. Representatives and the Committee on En- (Mr. YOUNG of Alaska asked and was ‘‘(2) The term ‘lands’ means real property ergy and Natural Resources of the Senate, a given permission to revise and extend transferred to an Alaska Native Corporation report which shall include, but not be lim- his remarks.) pursuant to this Act. ited to, the following: Mr. YOUNG of Alaska. Mr. Speaker, I ‘‘(b) Within 18 months of enactment of this (1) The number of Vietnam era veterans, as rise in strong support of H.R. 402. This section, and after consultation with the Sec- defined in section 101 of title 38, United retary of Agriculture, State of Alaska, and States Code, who were eligible for but did bill is the result of a 2-year effort of appropriate Alaska Native corporations and not apply for an allotment of not to exceed the Alaska Federation of Natives, the organizations, the Secretary shall submit to 160 acres under the Act of May 17, 1906 (Chap- State of Alaska, the administration, the Committee on Resources of the House of ter 2469; 34 Stat. 197), as such Act was in ef- and my ranking minority member, the Representatives and the Committee on En- fect before December 18, 1971; gentleman from California [Mr. MIL- ergy and Natural Resources of the Senate, a (2) an assessment of the potential impacts LER]. I thank them for their dedication report addressing issues presented by the of additional allotments on conservation sys- and hard work. presence of hazardous substances on lands tem units as such term is defined in section The bill is noncontroversial. Most of conveyed or prioritized for conveyance to 102(4) of the Alaska National Interest Lands such corporations pursuant to this Act. Such Conservation Act (94 Stat. 2375); and the provisions have already passed the report shall consist of— (3) recommendations for any additional House in previous Congresses but were ‘‘(1) existing information concerning the legislation that the Secretary concludes is not acted on by the Senate. We hope nature and types of contaminants present on necessary. that the new congressional leadership such lands prior to conveyance to Alaska Na- (b) REQUIREMENT.—The Secretary of Veter- will improve the track record on this tive corporations; ans Affairs shall release to the Secretary of bill. ‘‘(2) existing information identifying the the Interior information relevant to the re- Mr. Speaker, H.R. 402 makes several tech- existence and availability of potentially re- port required under subsection (a). nical changes to the Alaska Native Claims sponsible parties for the removal or amelio- SEC. 7. TRANSFER OF WRANGELL INSTITUTE. Settlement Act of 1971 [ANCSA] and the Alas- ration of the effects of such contaminants; (a) PROPERTY TRANSFER.—Cook Inlet Re- ‘‘(3) identification of existing remedies; gion, Incorporated, is authorized to transfer ka National Interests Land Conservation Act to and to the United States and the General Serv- address some of the unresolved land issues ‘‘(4) recommendations for any additional ices Administration shall accept an approxi- which have arisen since the passage of these legislation that the Secretary concludes is mately 10-acre site of the Wrangell Institute acts. necessary to remedy the problem of contami- in Wrangell, Alaska, and the structures con- These include specific land conveyances to nants on such lands.’’. tained thereon. Native corporations, the clarification of mining SEC. 4. AUTHORIZATION OF APPROPRIATIONS (b) RESTORATION OF PROPERTY CREDITS.— authority and administration of mining claims FOR THE PURPOSES OF IMPLEMENT- (1) IN GENERAL.—In exchange for the land ING REQUIRED RECONVEYANCES. and structures transferred under subsection on lands conveyed to Native corporations, a Section 14(c) of Alaska Native Claims Set- (a), property bidding credits in the total report on hazardous substances on lands con- tlement Act (43 U.S.C. 1613(c)) is amended by amount of $382,305, shall be restored to the veyed to Native corporations, an authorization adding at the end the following: Cook Inlet Region, Incorporated, property of technical assistance to Native villages to ‘‘There is authorized to be appropriated such account in the Treasury established under help with land reconveyances required under sums as may be necessary for the purpose of section 12(b) of the Act of January 2, 1976 ANCSA, and a report on Vietnam-era veterans providing technical assistance to Village (Public Law 94–204; 43 U.S.C. 1611 note), re- who were eligible but did not receive land Corporations established pursuant to this ferred to in such section as the ‘‘Cook Inlet under the Native Allotment Act of May 17, Act in order that they may fulfill the Region, Incorporated, property account’’. reconveyance requirements of section 14(c) Such property bidding credits shall be used 1906. of this Act. The Secretary may make funds in the same fiscal year as received by Cook Mr. Speaker, all these provisions are long available as grants to ANCSA or nonprofit Inlet Region, Incorporated. awaited, but I feel very strongly about section corporations that maintain in-house land (2) HOLD HARMLESS.—The United States 6 regarding unclaimed land allotments for Na- planning and management capabilities.’’. shall defend and hold harmless Cook Inlet tive Alaskans serving during the Vietnam war. H 3098 CONGRESSIONAL RECORD — HOUSE March 14, 1995 Many of these Natives were in service over- PURCHASE OF COMMON STOCK OF ‘‘(ii) a security for only the nonresident seas and were unable to file for their allot- COOK INLET REGIONAL COR- rights that attach to such share that does ments. I do not believe that they should be pe- PORATION not have attached voting rights (referred to in this paragraph as a ‘non-voting security’). nalized for fulfilling their patriotic duty. I hope Mr. YOUNG of Alaska. Mr. Speaker, I that with this report, Congress will be able to ‘‘(G) An amendment made pursuant to sub- move to suspend the rules and pass the paragraph (B) shall authorize the issuance of enact additional legislation on behalf of these bill (H.R. 421) to amend the Alaska Na- a non-voting security that— Alaska Native veterans. tive Claims Settlement Act to provide ‘‘(i) shall, for purposes of subsections (j) The version of the bill before the House has for the purchase of common stock of and (m), be treated as a non-village share a minor change from the version reported from Cook Inlet Region, and for other pur- with respect to— the Resources Committee on February 8. In poses, as amended. ‘‘(I) computing distributions under such section 5, we have restored the right of a Na- The Clerk read as follows: subsections; and tive corporation to concur in the selection of oil ‘‘(II) entitling the holder of the share to and gas rights allowed under the act. Our mi- H.R. 421 the proportional share of the distributions nority has agreed to this small improvement to Be it enacted by the Senate and House of Rep- made under such subsections; the bill. resentatives of the United States of America in ‘‘(ii) may be sold to Cook Inlet Region, I also want to thank Chairman KASICH and Congress assembled, Inc.; and ‘‘(iii) shall otherwise be subject to the re- his staff for their thorough review of this bill in SECTION 1. PURCHASE OF SETTLEMENT COM- a short period of time and their cooperation in MON STOCK OF COOK INLET RE- strictions under paragraph (1)(B). scheduling all the bills on today's program. GION. ‘‘(H) Any shares of Settlement Common Stock purchased pursuant to this paragraph I urge my colleagues to support this meas- (a) IN GENERAL.—Section 7(h) of the Alaska shall be canceled on the conditions that— ure. Native Claims Settlement Act (43 U.S.C. 1606(h)) is amended by adding at the end the ‘‘(i) non-village shares with the non- Mr. Speaker, I reserve the balance of following new paragraph: resident rights that attach to such shares my time. ‘‘(4)(A) As used in this paragraph, the term that are purchased pursuant to this para- Mr. STUDDS. Mr. Speaker, I yield ‘Cook Inlet Regional Corporation’ means graph shall be considered to be— myself such time as I may consume. Cook Inlet Region, Incorporated. ‘‘(I) outstanding shares; and (Mr. STUDDS asked and was given ‘‘(B) The Cook Inlet Regional Corporation ‘‘(II) for the purposes of subsection (m), permission to revise and extend his re- may, by an amendment to its articles of in- shares of stock registered on the books of marks.) corporation made in accordance with the the Cook Inlet Regional Corporation in the Mr. STUDDS. Mr. Speaker, I am a bit voting standards under section 36(d)(1), pur- names of nonresidents of villages; puzzled by about how long it took the chase Settlement Common Stock of the ‘‘(ii) any amount of funds that would be Cook Inlet Regional Corporation and all gentleman from Alaska to describe this distributable with respect to non-village rights associated with the stock from the shares or non-voting securities pursuant to bill. What is different about this pic- shareholders of Cook Inlet Regional Corpora- ture? subsection (j) or (m) shall be distributed by tion in accordance with any provisions in- Cook Inlet Regional Corporation to itself; Mr. YOUNG of Alaska. Mr. Speaker, cluded in the amendment that relate to the and terms, procedures, number of offers to pur- if the gentleman will yield, if I may, ‘‘(iii) village shares that are purchased pur- chase, and timing of offers to purchase. there is nothing different about this suant to this paragraph shall be considered ‘‘(C) Subject to subparagraph (D), and not- bill at all. We are just bringing it up to be— withstanding paragraph (1)(B), the share- under suspension today. ‘‘(I) outstanding shares, and Mr. STUDDS. Let me just say that I holders of Cook Inlet Regional Corporation may, in accordance with an amendment ‘‘(II) for the purposes of subsection (k) concur with this legislation which is made pursuant to subparagraph (B), sell the shares of stock registered on the books of substantially the same as the legisla- Settlement Common Stock of the Cook Inlet the Cook Inlet Regional Corporation in the tion we passed in the previous Con- Regional Corporation to itself. names of the residents of villages. gress, and it is without controversy. It ‘‘(D) No sale or purchase may be made pur- ‘‘(I) Any offer to purchase Settlement is even a good thing. suant to this paragraph without the prior ap- Common Stock made pursuant to this para- Mr. Speaker, I rise in support of the legisla- proval of the board of directors of Cook Inlet graph shall exclude from the offer— tion. The gentleman from Alaska has long Regional Corporation. Except as provided in ‘‘(i) any share of Settlement Common been a good friend of his Alaska Native con- subparagraph (E), each sale and purchase Stock held, at the time the offer is made, by made under this paragraph shall be made an officer (including a member of the board stituents and this bill continues that tradition. pursuant to an offer made on the same terms of directors) of Cook Inlet Regional Corpora- This legislation was the subject of a hearing, to all holders of Settlement Common Stock tion or a member of the immediate family of reported by the committee, and passed by the of the Cook Inlet Regional Corporation. the officer; and House in the previous Congress. The eight di- ‘‘(E) To recognize the different rights that ‘‘(ii) any share of Settlement Common verse sections in the bill were largely devel- accrue to any class or series of shares of Set- Stock held by any custodian, guardian, oped in the course of negotiations between tlement Common Stock owned by stockhold- trustee, or attorney representing a share- the Alaska Federation of Natives, the State of ers who are not residents of a Native village holder of Cook Inlet Regional Corporation in Alaska, and the Department of the Interior. (referred to in this paragraph as ‘non-village fact or law, or any other similar person, en- This process was successful in fostering con- shares’), an amendment made pursuant to tity, or representative. subparagraph (B) shall authorize the board of ‘‘(j)(i) The board of directors of Cook Inlet sensus and minimizing controversy. directors (at the option of the board) to offer I would note, Mr. Speaker, that this bill also Regional Corporation, in determining the to purchase— terms of an offer to purchase made under reflects a tradition of bipartisan concern and ‘‘(i) the non-village shares, including the this paragraph, including the amount of any cooperation within the committee when deal- right to share in distributions made to premium paid with respect to a non-village ing with issues affecting Alaska Natives. shareholders pursuant to subsections (j) and share, may rely upon the good faith opinion (m) (referred to in this paragraph as ‘non- I urge support for the legislation. of a recognized firm of investment bankers resident distribution rights’), at a price that Mr. YOUNG of Alaska. Mr. Speaker, I or valuation experts. have no more requests for time, and I includes a premium, in addition to the amount that is offered for the purchase of ‘‘(ii) Neither Cook Inlet Regional Corporation yield back the balance of my time. nor a member of the board of directors or offi- Mr. STUDDS. Mr. Speaker, I yield other village shares of Settlement Common Stock of the Cook Inlet Regional Corpora- cers of Cook Inlet Regional Corporation shall be back the balance of my time. tion, that reflects the value of the non- liable for damages resulting from terms made The SPEAKER pro tempore. The resident distribution rights; or in an offer made in connection with any pur- question is on the motion offered by ‘‘(ii) non-village shares without the non- chase of Settlement Common Stock if the the gentleman from Alaska [Mr. resident distribution rights associated with offer was made— YOUNG] that the House suspend the the shares. ‘‘(I) in good faith; rules and pass the bill, H.R. 402, as ‘‘(F) Any shareholder who accepts an offer ‘‘(II) in reliance on a determination made amended. made by the board of directors pursuant to pursuant to clause (i); and subparagraph (E)(ii) shall receive, with re- ‘‘(III) otherwise in accordance with this The question was taken; and (two- paragraph. thirds having voted in favor thereof) spect to each non-village share sold by the shareholder to the Cook Inlet Regional Cor- ‘‘(K) The consideration given for the pur- the rules were suspended and the bill, poration— chase of Settlement Common Stock made as amended, was passed. ‘‘(i) the consideration for a share of Settle- pursuant to an offer to purchase that pro- A motion to reconsider was laid on ment Common Stock offered to shareholders vides for such consideration may be in the the table. of village shares; and form of cash, securities, or a combination of March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3099 cash and securities, as determined by the needed by CIRI, and it is consistent H.R. 715 board of directors of Cook Inlet Regional with ANCSA, which encourages Alas- Be it enacted by the Senate and House of Rep- Corporation, in a manner consistent with an ka’s Native people and their corpora- resentatives of the United States of America in amendment made pursuant to subparagraph Congress assembled, (B). tions to conduct their affairs in their ‘‘(L) Sale of Settlement Common Stock in own way and without litigation. The SECTION 1. SHORT TITLE. accordance with this paragraph shall not di- protections provided under H.R. 421 are This act may be cited as the ‘‘Sea of minish a shareholder’s status as an Alaska limited to stock re-purchase offerings Okhotsk Fisheries Enforcement Act of 1995’’. Native or descendant of a Native for the pur- only, as long as they are made in ac- pose of qualifying for those programs, bene- cordance with ANCSA, and this provi- SEC. 2. FISHING PROHIBITION. fits and services or other rights or privileges sion does not apply to other types of The Central Bering Sea Fisheries Enforce- ment Act of 1992 (16 U.S.C. 1823 note) is set out for the benefit of Alaska Natives and corporate activities under State or Native Americans. Proceeds from the sale of amended— Settlement Common Stock shall not be ex- Federal law. (1) in section 302, by inserting ‘‘and the cluded in determining eligibility for any Mr. Speaker, this bill passed the Central Sea of Okhotsk’’ after ‘‘Central Ber- needs-based programs that may be provided House last Congress, and I urge support ing Sea’’; and by Federal, State or local agencies.’’. again for this measure. (2) in section 306— (b) CONFORMING AMENDMENT.—Section 8(c) Mr. Speaker, I reserve the balance of (A) by redesignating paragraphs (2), (3), (4), of such Act (43 U.S.C. 1607(c)) is amended by my time. (5), and (6) in order as paragraphs (3), (4), (5), striking ‘‘(h)’’ and inserting ‘‘(h) (other than Mr. STUDDS. Mr. Speaker, I yield (6), and (7); and paragraph (4))’’. myself such time as I may consume. (B) by inserting after paragraph (1) the fol- The SPEAKER pro tempore. Pursu- (Mr. STUDDS asked and was given lowing: ant to the rule, the gentleman from permission to revise and extend his re- ‘‘(2) CENTRAL SEA OF OKHOTSK.—The term Alaska [Mr. YOUNG] will be recognized marks.) ‘Central Sea of Okhotsk’ means the central Sea of Okhotsk area which is more than two for 20 minutes, and the gentleman from Mr. STUDDS. Mr. Speaker, let me hundred nautical miles seaward of the base- Massachusetts [Mr. STUDDS] will be just observe we used to do these things recognized for 20 minutes. line from which the breadth of the territorial a lot more expeditiously in the old sea of the Russian Federation is measured.’’. The Chair recognizes the gentleman days. The gentleman is filibustering in The SPEAKER pro tempore. Pursu- from Alaska [Mr. YOUNG]. his vintage years. ant to the rule, the gentleman from Mr. YOUNG of Alaska. Mr. Speaker, I Mr. Speaker, the gentleman is abso- yield myself such time as I may OUNG lutely correct. This bill is absolutely Alaska [Mr. Y ] will be recognized consume. without controversy and supported by for 20 minutes, and the gentleman from (Mr. YOUNG of Alaska asked and was the administration, and as far as I Massachusetts [Mr. STUDDS] will be given permission to revise and extend know, by everyone in Alaska. We did it recognized for 20 minutes. his remarks.) before, and we should do it again. The Chair recognizes the gentleman Mr. YOUNG of Alaska. Mr. Speaker, I from Alaska [Mr. YOUNG]. rise in strong support of H.R. 421, a bill Mr. Speaker, I rise in support of this legisla- tion. H.R. 421 is virtually identical to a bill in- Mr. YOUNG of Alaska. Mr. Speaker, I to amend the Alaska Native Claims yield myself such time as I may Settlement Act [ANCSA]. I introduced troduced by Chairman YOUNG and passed by the House last Congress. consume. this bill at the request of Cook Inlet (Mr. YOUNG of Alaska asked and was Region, Inc. [CIRI] and have worked Since the option to purchase stock is sub- given permission to revise and extend with the Alaska Federation of Natives, ject to approval of the native shareholders and his remarks.) the State of Alaska, the Department of is expressly limited to Cook Inlet Region, Inc., the Interior, and my ranking minority This bill is not controversial. The administra- Mr. YOUNG of Alaska. Mr. Speaker, as the sponsor of H.R. 715, I urge my member, Mr. MILLER, to reach a con- tion has no objection. In an effort to assure sensus. that the interests of the Native shareholders colleagues to join me in this effort to Cook Inlet Region, Inc., is one of 13 are protected, the Committee adopted an help save valuable living marine re- regional corporations formed under amendment offered by Representative sources in a small enclave of inter- ANCSA. CIRI has approximately 6,300 GEORGE MILLER which deleted immunity from national waters known as the Peanut shareholders, who each own 100 shares liability for financial advisors involved in estab- Hole. of stock. ANCSA bans the public sale of lishing the value of the stock. Three years ago, congress approved any Native corporation stock until the Mr. Speaker, I compliment the gentleman my Central Bering Sea Fisheries En- majority of its shareholders vote to re- from Alaska for his legislation and ask that forcement Act, which prohibited the move this restriction. Members support the bill. destruction of pollock stocks in an CIRI’s shareholders would like to sell Mr. YOUNG of Alaska. Mr. Speaker, I area known as the Donut Hole. their stock. CIRI wishes to buy back have no requests for time, and I yield While this law has promoted con- stock from its shareholders and to can- back the balance of my time. servation efforts for the region, it has cel these shares, thus keeping the cor- Mr. STUDDS. Mr. Speaker, I yield had unwanted results. Certain fisher- back the balance of my time. poration in Native ownership. This bill men from China, Japan, Korea, and Po- The SPEAKER pro tempore. The is intended to give CIRI, and only CIRI, land have now moved their operations question is on the motion offered by this authority. to the Peanut Hole and they are se- the gentleman from Alaska [Mr. The Committee on Resources favor- verely overfishing the pollock stocks YOUNG] that the House suspend the ably reported H.R. 421 on February 8 in this region. Unless immediate steps with an amendment offered by Mr. rules and pass the bill, H.R. 421, as are taken, these stocks will collapse. MILLER. His amendment protects CIRI, amended. My bill, which has been cosponsored its directors and officers from liability The question was taken; and (two- by the leadership of the Subcommittee in connection with an offer to purchase thirds having voted in favor thereof) stock if the offer was made in good the rules were suspended and the bill, on Fisheries, Wildlife and Oceans, JIM faith, in reliance on a good faith opin- as amended, was passed. SAXTON and GERRY STUDDS, would amend the 1992 statute to prohibit U.S. ion of a recognized firm of investment f bankers or valuation experts, and if the citizens from fishing in the Peanut offer was otherwise in accordance with SEA OF OKHOTSK FISHERIES Hole unless the fishing operation fully section 7(h)(4) of ANCSA. This will pro- ENFORCEMENT ACT OF 1995 complies with international fishing vide reasonable protections for CIRI Mr. YOUNG of Alaska. Mr. Speaker, I agreements between the United States shareholders while protecting CIRI move to suspend the rules and pass the and Russia. from repeated litigation when it has bill (H.R. 715) to amend the Central The bill is noncontroversial and well made a good faith offer to purchase Bering Sea Fisheries Enforcement Act supported. It passed the House twice in stock that is based on an independent, of 1992 to prohibit fishing in the the last Congress and it is helpful to professional evaluation. Central Sea of Okhotsk by vessels and our negotiators in their ongoing efforts I accepted Mr. MILLER’S amendment nationals of the United States. to establish agreements to conserve because it contained the protection The Clerk read as follows: fish stocks in international waters. H 3100 CONGRESSIONAL RECORD — HOUSE March 14, 1995 May I suggest at this time to the This bill would prohibit U.S. fishing a fish who gave a whit about the gen- gentleman from Massachusetts [Mr. in the Peanut Hole until a cooperative tleman’s political affiliation or mine, STUDDS], it is amazing what you learn international agreement has been and we have responsibilities here that when you go to a new committee, such reached among the nations that fish dramatically and significantly tran- as the Committee on Natural Re- there. It would also prohibit entry into scend some of the partisan differences sources. The gentleman just had the U.S. waters to any vessel fishing in the that are occasionally reflected on this opportunity not only to support this Peanut Hole while no cooperative man- floor. legislation that he worked so hard on agement agreement exists and to any I am authorized by the good people of last year, but to become an expert in vessel that violates the agreement once Cape Cod to extend another invitation the American Native movement, and I it has been negotiated. to the gentleman, notwithstanding all hope and I wish him well. By requiring the United States to the partisan things that have occurred Mr. STUDDS. Mr. Speaker, will the work cooperatively in an area of the here, notwithstanding some of his gentleman yield? ocean where fisheries of importance to other contractual obligations, to say to Mr. YOUNG of Alaska. I yield to the our own fishermen occur, H.R. 715 sig- him that he is still welcome on Cape gentleman from Massachusetts. nals the U.S. dedication to multilateral Cod and to see if we can lure him again Mr. STUDDS. Mr. Speaker, I would management of high seas resources. It this year. We look forward to that. also be very, very excited at the possi- is also an important step in our efforts Mr. YOUNG of Alaska. If the gen- bility of learning how to pronounce to restore global fisheries, and I am de- tleman will yield, I accept that invita- this particular sea. lighted to join the gentleman from tion as well as you have been so gener- Mr. YOUNG of Alaska. Mr. Speaker, I Alaska in this effort. I urge Members’ ously accepting my invitation to travel would yield to the gentleman from support. to the great State of Alaska and par- Massachusetts if he can also improve Mr. Speaker, I reserve the balance of ticipate in the cuisine as provided by my pronouncement. my time. our great blue waters. If I go to Cape Mr. STUDDS. Mr. Speaker, I could Mr. YOUNG of Alaska. Mr. Speaker, I Cod, I hope I have the added attraction not possibly. I was asking the gen- yield myself such time as I may of having that which can be provided tleman. consume. by your ocean to my palate regardless Mr. YOUNG of Alaska. I would say it Mr. Speaker, may I suggest that the of what contract I will be working is Okhotsk. I hope that satisfies the gentleman from Massachusetts brings under for the last hundred days. gentleman. I would spell it up a very good point. Our seas are in Mr. STUDDS. That is a deal, as they O-k-h-o-t-s-k. serious trouble, primarily because of say. The gentleman will simply have to Mr. STUDDS. I congratulate the gen- indiscriminate overfishing. This is just adjust himself to beauty of another tleman. a small step forward, but we are going scale. Mr. YOUNG of Alaska. Mr. Speaker, I to address this hopefully on another Mr. Speaker, I yield back the balance reserve the balance of my time. level very soon in the Magnuson Act of my time. Mr. STUDDS. Mr. Speaker, I yield with an attempt to again arrest some The SPEAKER pro tempore (Mr. of the misuse of our seas as far as fish- myself such time as I may consume. SHAYS). The question is on the motion (Mr. STUDDS asked and was given ing efforts. offered by the gentleman from Alaska I am one who believes very strongly permission to revise and extend his re- [Mr. YOUNG] that the House suspend marks.) that there are enough fish if we take the rules and pass the bill, H.R. 715. Mr. STUDDS. Mr. Speaker, I rise in care of them, if we scientifically put The question was taken; and (two- them on a biological survival rate that strong support of H.R. 715, the Sea of thirds having voted in favor thereof) we can continue to fish. But if we do Okhotsk Fisheries Enforcement Act. the rules were suspended and the bill not do something with the activities The decline of fisheries worldwide, was passed. from all of the countries jointly we will and the need for multilateral coopera- A motion to reconsider was laid on be destroying that capability to pro- tion in fisheries management, have be- the table. vide the fish to all of the people of this come increasingly evident as of late. A world. f recent U.N. Food and Agriculture Orga- So I again welcome my good friend, nization report classified almost every the gentleman from Massachusetts, DESIGNATING THE GREAT WEST- commercial fish species in every ocean GARY STUDDS, to the Committee on ERN SCENIC TRAIL AS A STUDY and sea as either ‘‘depleted,’’ ‘‘fully ex- Natural Resources, because there is no TRAIL ploited,’’ or ‘‘over-exploited.’’ Stocks one who has worked harder over the Mr. HANSEN. Mr. Speaker, I move to in 4 of the world’s 17 major fishing re- years to provide and protect the fishing suspend the rules and pass the bill gions are seriously depleted, while industry for the continued yield of the (H.R. 531) to designate the Great West- catches in 9 other regions are declin- species which we depend on than the ern Scenic Trail as a study trail under ing. If this tide is to be turned, the gentleman from Massachusetts. So we the National Trails System Act, and United States and all coastal nations will be looking forward to looking with for other purposes, as amended. have a responsibility to participate in him hopefully sometime in May, bring- The Clerk read as follows: international agreements and organiza- ing to this floor a bill that will address H.R. 531 tions that provide responsible con- the domestic side of this issue as well servation and management of high seas as the international side of this issue. Be it enacted by the Senate and House of Rep- resources. For those who may not be aware of resentatives of the United States of America in Congress assembled, This bill demonstrates the U.S. com- this, to me the sea has to be recognized mitment to cooperative management as a provider, and it is our responsibil- SECTION 1. POTENTIAL ADDITION OF GREAT of shared resources on the high seas. WESTERN SCENIC TRAIL TO NA- ity not only to protect but to conserve TIONAL TRAIL SYSTEM GREAT WEST- The Sea of Okhotsk, also known as the and to continue providing of the fish- ERN TRAIL. Peanut Hole, is an area of inter- eries, as I have said before, that we de- Section 5(c) of the National Trails System Act national waters completely surrounded pend so heavily upon. (16 U.S.C. 1244(c)) is amended by adding at the by the Exclusive Economic Zone [EEZ] So again I welcome the gentleman end the following new paragraph: of the Russian Federation. Russian re- from Massachusetts to the committee. ‘‘(38) The Great Western Scenic Trail, a sys- sources that migrate into the Peanut tem of trails to accommodate a variety of travel Hole are being adversely affected by b 1445 users in a corridor of approximately 3,100 miles heavy foreign fishing in that area. Re- Mr. Speaker, I yield back the balance in length extending from the Arizona-Mexico cent efforts by the United States and of my time. border to the Idaho-Montana-Canada border, Russia to forge a management agree- Mr. STUDDS. Mr. Speaker, I yield following the approximate route depicted on the map identified as ‘Great Western Trail Corridor, ment for the Peanut Hole have been myself such time as I may consume. 1988’, which shall be on file and available for thwarted by the lack of cooperation I thank the gentleman for his kind public inspection in the Office of the Chief of from other countries currently fishing remarks. This is the most wonderfully the Forest Service, United States Department of in the area. nonpartisan of all matters. I never met Agriculture. The trail study shall be conducted March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3101 by the Secretary of Agriculture, in consultation Mr. Speaker, I reserve the balance of H.R. 694 with the Secretary of the Interior, in accordance my time. Be it enacted by the Senate and House of Rep- with subsection (b) and shall include— Mr. RICHARDSON. Mr. Speaker, I resentatives of the United States of America in ‘‘(A) the current status of land ownership and Congress assembled, current and potential use along the designated yield myself such time as I may route; consume. SECTION 1. SHORT TITLE. ‘‘(B) the estimated cost of acquisition of lands (Mr. RICHARDSON asked and was This Act may be cited as the ‘‘Minor Bound- or interests in lands, if any; and given permission to revise and extend ary Adjustments and Miscellaneous Park ‘‘(C) an examination of the appropriateness of his remarks.) Amendments Act of 1995’’. motorized trail use along the trail.’’. Mr. RICHARDSON. Mr. Speaker, TITLE I—MINOR BOUNDARY The SPEAKER pro tempore. Pursu- H.R. 531, as amended, is a good bill ADJUSTMENTS ant to the rule, the gentleman from which will provide for a study of the SEC. 101. YUCCA HOUSE NATIONAL MONUMENT Utah [Mr. HANSEN] will be recognized proposed Great Western Trail for pos- BOUNDARY ADJUSTMENT. for 20 minutes, and the gentleman from sible designation as a national trail. (a) IN GENERAL.—The boundaries of Yucca New Mexico [Mr. RICHARDSON] will be While the bill only provides for a House National Monument are revised to in- recognized for 20 minutes. study, the subcommittee hearing on clude the approximately 24.27 acres of land gen- The Chair recognizes the gentleman H.R. 531 entailed a considerable discus- erally depicted on the map entitled ‘‘Bound- ary—Yucca House National Monument, Colo- from Utah [Mr. HANSEN]. sion about the possible impacts a trail rado’’, numbered 318/80,001–B, and dated Feb- Mr. HANSEN. Mr. Speaker, I yield could have on private property. Having ruary 1990. myself such time as I may consume. authored national trail legislation my- (b) MAP.—The map referred to in subsection (Mr. HANSEN asked and was given self, I have always found such trails to (a) shall be on file and available for public in- permission to revise and extend his re- be highly popular with the public, with spection in appropriate offices of the National marks.) good relations among the affected in- Park Service of the Department of the Interior. Mr. HANSEN. Mr. Speaker, H.R. 531 terests and property owners. In any (c) ACQUISITION BY DONATION.— is a noncontroversial measure that event, this bill just provides for a (1) IN GENERAL.—Within the boundaries de- would simply study the prospect of study, so that if any problems do exist scribed in subsection (a), the Secretary of the adding the Great Western Trail to the they can be identified and perhaps ad- Interior may acquire lands and interests in lands by donation. National Trails System. The Great dressed during the study process. (2) ADMINISTRATIVE COSTS.—The Secretary of Western Trail extends from Mexico to H.R. 531 was amended by the Re- the Interior may pay administrative costs aris- Canada through the Rocky Mountain sources Committee to substantively ing out of any donation described in paragraph West and will take advantage of exist- modify the bill language regarding the (1) with appropriated funds. ing roads, trails, and corridors that detailed identification of rights-of-way SEC. 102. ZION NATIONAL PARK BOUNDARY AD- enjoy nearly all types of recreational and private property along the pro- JUSTMENT. travel. The Great Western Trail is en- posed trail. This was an improvement (a) ACQUISITION AND BOUNDARY CHANGE.— visioned as truly a western trail. This over the bill, as introduced. I was con- The Secretary of the Interior is authorized to corridor celebrates the heritage and cerned, as was the administration, acquire by exchange approximately 5.48 acres, spirit of the West and the many types about the original bill language’s po- in Washington County, Utah, that are located 1 of recreational travel people enjoy. tential cost and workability. The com- in the SW ⁄4 of Section 28, Township 41 South, Range 10 West, Salt Lake Base and Meridian. Whether you prefer horseback, back- mittee amendment reintegrates the In exchange therefor the Secretary is authorized pack, canoe, mountain bike, or four- provisions of the National Trails Sys- to convey all right, title, and interest of the wheel drive, the Great Western Trail tem Act on these matters. I believe United States in and to approximately 5.51 will provide you access to the most sce- such language addresses any concerns. acres, in Washington County, Utah, that are lo- nic areas of the West. Therefore I support the bill as amended cated in Lot 2 of Section 5, Township 41 South, There was much discussion in our and recommend its adoption by the Range 11 West. Upon completion of the ex- subcommittee hearing regarding pos- House. change, the Secretary is authorized to revise the sible conflicts with private property. Mr. Speaker, I reserve the balance of boundary of Zion National Park to add to the park the approximately 5.48 acres acquired by This is exactly what this trail study is my time. the Secretary under this subsection and to de- designed to accomplish. H.R. 531, with Mr. HANSEN. Mr. Speaker, I have no lete from the park the approximately 5.51 acres the amendment I offered in sub- further requests for time, and I yield conveyed by the Secretary under this sub- committee, will specifically look at the back the balance of my time. section. Land added to the park under this sub- current status of landownership and Mr. RICHARDSON. Mr. Speaker, I section shall be administered as part of the park the estimated cost of any acquisition if have no further requests for time, and in accordance with the laws and regulations ap- necessary. We cannot know what those I yield back the balance of my time. plicable thereto. impacts will be until this study is com- The SPEAKER pro tempore. The (b) EXPIRATION.—The authority granted by question is on the motion offered by this section shall expire upon the expiration of pleted. I can assure the Members that the two-year period beginning on the date of the private property rights are of a highest the gentleman from Utah [Mr. HANSEN] enactment of this Act. that the House suspend the rules and concern to me and this study will sim- SEC. 103. PICTURED ROCKS NATIONAL LAKE- ply let Congress know what the poten- pass the bill, H.R. 531, as amended. SHORE BOUNDARY ADJUSTMENT. tial impacts will be, giving us suffi- The question was taken. The boundary of Pictured Rocks National cient information to decide at a later Mr. RICHARDSON. Mr. Speaker, on Lakeshore is hereby modified as depicted on the time whether or not to actually des- that I demand the yeas and nays. map entitled ‘‘Area Proposed for Addition to ignate this trail. The yeas and nays were ordered. Pictured Rocks National Lakeshore,’’ numbered The amendment to H.R. 531 adopted The SPEAKER pro tempore. Pursu- 625–80, 043A, and dated July 1992. in subcommittee would delete the lan- ant to clause 5 of rule I and the Chair’s SEC. 104. INDEPENDENCE NATIONAL HISTORICAL guage regarding the inventory of prior announcement, further proceed- PARK BOUNDARY ADJUSTMENT. rights-of-way along the corridor and ings on this motion will be postponed. The administrative boundary between Inde- pendence National Historical Park and the would replace that language with the f United States Customs House along the Mora- protections called for in the National MINOR BOUNDARY ADJUSTMENTS vian Street Walkway in Philadelphia, Penn- Trails System Act. The amendment sylvania, is hereby modified as generally de- also retains the requirement that the AND MISCELLANEOUS PARK picted on the drawing entitled ‘‘Exhibit 1, Inde- Secretary look at the appropriateness AMENDMENTS ACT OF 1995 pendence National Historical Park, Boundary of motorized trail use. I believe this Mr. HANSEN. Mr. Speaker, I move to Adjustment’’, and dated May 1987, which shall amendment will ensure that the Sec- suspend the rules and pass the bill be on file and available for public inspection in retary include in the study a complete (H.R. 694) entitled the ‘‘Minor Bound- the Office of the National Park Service, Depart- ment of the Interior. The Secretary of the Inte- look at possible private property con- ary Adjustments and Miscellaneous rior is authorized to accept and transfer juris- flicts prior to actual congressional des- Park Amendments Act of 1995,’’ as diction over property in accordance with such ignation of the trail. I urge the Mem- amended. administrative boundary, as modified by this bers to support H.R. 531. The Clerk read as follows: section. H 3102 CONGRESSIONAL RECORD — HOUSE March 14, 1995 SEC. 105. CRATERS OF THE MOON NATIONAL SEC. 202. FORT PULASKI NATIONAL MONUMENT, seum objects and museum collections directly to MONUMENT BOUNDARY ADJUST- GA. the administrative jurisdiction of the Secretary MENT. Section 4 of the Act of June 26, 1936 (ch. 844; of the Interior for the purposes of this Act. (a) BOUNDARY REVISION.—The boundary of 49 Stat. 1979), is amended by striking ‘‘: Pro- ‘‘(2) Convey museum objects and museum col- the Craters of the Moon National Monument, vided, That’’ and all that follows and inserting lections that the Secretary determines are no Idaho, is revised to add approximately 210 acres a period. longer needed for museum purposes, without and to delete approximately 315 acres as gen- SEC. 203. AMENDMENT OF BOSTON NATIONAL monetary consideration but subject to such erally depicted on the map entitled ‘‘Craters of HISTORIC PARK ACT. terms and conditions as the Secretary deems the Moon National Monument, Idaho, Proposed Section 3(b) of the Boston National Historical necessary, to private institutions exempt from 1987 Boundary Adjustment’’, numbered 131– Park Act of 1974 (16 U.S.C. 410z–1(b)) is amend- Federal taxation under section 501(c)(3) of the 80,008, and dated October 1987. The map shall be ed by inserting ‘‘(1)’’ after ‘‘(b)’’ and by adding Internal Revenue Code of 1986 (26 U.S.C. on file and available for public inspection in the at the end the following new paragraph: 501(c)(3)) and to non-Federal governmental enti- Office of the National Park Service, Department ‘‘(2) The Secretary of the Interior is author- ties if the Secretary determines, prior to any of the Interior. ized to enter into a cooperative agreement with conveyance under this subsection, that the pri- (b) ADMINISTRATION AND ACQUISITION.—Fed- the Boston Public Library to provide for the dis- vate or non-Federal recipient is dedicated to the eral lands, waters, and interests therein deleted tribution of informational and interpretive ma- preservation and interpretation of natural or from the boundary of the Craters of the Moon terials relating to the Boston National Historical cultural heritage and is qualified to manage the National Monument by this section shall be ad- Park and to the Freedom Trail.’’. objects or collections, as the case may be. ministered by the Secretary of the Interior TITLE III—GENERAL ‘‘(3) Destroy or cause to be destroyed museum through the Bureau of Land Management in ac- AUTHORIZATIONS AND REPEALERS objects and museum collections that the Sec- cordance with the Federal Land Policy and SEC. 301. REPEAL OF LIMITATION ON PARK retary determines to have no scientific, cultural, Management Act of 1976 (43 U.S.C. 1701 et seq.). BUILDINGS. historic, educational, esthetic, or monetary Federal lands, waters, and interests therein The 10th undesignated paragraph (relating to value. added to the national monument by this section a limitation on the expenditure of funds for ‘‘(b) CARE, DELIBERATION, AND REVIEW.—The shall be administered by the Secretary as part of park buildings) under the heading ‘‘MIS- Secretary shall ensure that museum objects and the national monument, subject to the laws and CELLANEOUS OBJECTS, DEPARTMENT OF THE INTE- museum collections are treated in a careful and regulations applicable thereto. The Secretary is RIOR’’, under the heading ‘‘UNDER THE DE- deliberate manner that protects the public inter- authorized to acquire private lands, waters, and PARTMENT OF THE INTERIOR’’, in the first est. Prior to taking any action under subsection interests therein within the boundary of the na- section of the Act of August 24, 1912 (37 Stat. (a), the Secretary shall establish a systematic re- tional monument by donation, purchase with 460; 16 U.S.C. 451), is hereby repealed. view and approval process, including consulta- donated or appropriated funds, or exchange, SEC. 302. APPROPRIATIONS FOR TRANSPOR- tion with appropriate experts, that meets the and shall administer such acquired lands, wa- TATION OF CHILDREN. highest standards of the museum profession and ters, and interests therein as part of the na- The first section of the Act of August 7, 1946 applies to all actions taken under this section.’’. tional monument, subject to the laws and regu- (16 U.S.C. 17j–2), is amended by adding at the (b) APPLICATION AND DEFINITIONS.—The Act lations applicable thereto. end the following new subsection: entitled ‘‘An Act to increase the public benefits SEC. 106. HAGERMAN FOSSIL BEDS NATIONAL ‘‘(j) Provision of transportation for children in from the National Park System by facilitating MONUMENT BOUNDARY ADJUST- nearby communities to and from any unit of the the management of museum properties relating MENT. National Park System used in connection with thereto, and for other purposes’’, approved July Section 302 of the Arizona-Idaho Conservation organized recreation and interpretive programs 1, 1955 (16 U.S.C. 18f), as amended by subsection Act of 1988 (102 Stat. 4576) is amended by adding of the National Park Service.’’. (a), is further amended by adding at the end the at the end the following new subsection: SEC. 303. FERAL BURROS AND HORSES. following new section: ‘‘(d) To further the purposes of the monu- Section 9 of the Act of December 15, 1971 (16 ‘‘SEC. 3. APPLICATION AND DEFINITIONS. ment, the Secretary is authorized to acquire by U.S.C. 1338a), is amended by adding at the end ‘‘(a) APPLICATION.—Authorities granted to the donation or, from willing sellers only, by pur- the following: ‘‘No provision of this Act shall be Secretary of the Interior by this Act shall be chase with donated or appropriated funds or by construed to limit the authority of the Secretary available to the Secretary only with regard to— exchange not more than 65 acres outside the of the Interior to manage units of the National ‘‘(1) museum objects and museum collections boundary depicted on the map referred to in sec- Park System. No provision of this Act shall be that were under the administrative jurisdiction tion 301 and to develop and operate, on such construed to diminish the authority of the Sec- of the Secretary for purposes of the National acres, research, information, interpretive, and retary of the Interior to use motor vehicles, Park System on the day before the date of the administrative facilities. Lands acquired and fa- fixed-wing aircraft, or helicopters, or to contract enactment of this section; and cilities developed under this subsection shall be for such use, in furtherance of the management ‘‘(2) museum objects and museum collections administered by the Secretary as part of the of the National Park System, and section 47(a) that the Secretary acquires on or after such monument. The boundary of the monument of title 18, United States Code, shall not apply date. shall be modified to include the lands added to such use, or the contracting for such use, by ‘‘(b) DEFINITIONS.—For the purposes of this under this subsection as a noncontiguous par- the Secretary of the Interior in furtherance of Act, the terms ‘museum objects’ and ‘museum cel.’’. such management.’’. collections’ mean objects that are eligible to be SEC. 107. WUPATKI NATIONAL MONUMENT SEC. 304. AUTHORITIES OF THE SECRETARY OF or are made part of a museum, library, or ar- BOUNDARY ADJUSTMENT. THE INTERIOR RELATING TO MUSE- chive collection through a formal procedure, The boundary of the Wupatki National Monu- UMS. such as accessioning. Such objects are usually ment, Arizona, is hereby revised to include the (a) FUNCTIONS.—The Act entitled ‘‘An Act to movable and include but are not limited to pre- lands and interests in lands within the area increase the public benefits from the National historic and historic artifacts, works of art, generally depicted as ‘‘Proposed Addition 168.89 Park System by facilitating the management of books, documents, photographs, and natural Acres’’ on the map entitled ‘‘Boundary— museum properties relating thereto, and for history specimens.’’. Wupatki and Sunset Crater National Monu- other purposes’’, approved July 1, 1955 (16 U.S.C. 18f), is amended— SEC. 305. VOLUNTEERS IN THE PARKS INCREASE. ments, Arizona’’, numbered 322–80,021, and Section 4 of the Volunteers in the Parks Act of dated April 1989. The map shall be on file and (1) in subsection (b) of the first section, by striking ‘‘from such donations and bequests of 1969 (16 U.S.C. 18j) is amended by striking all available for public inspection in the Office of that follows ‘‘Act’’ and inserting a period. the National Park Service, Department of the money’’; and Interior. Subject to valid existing rights, Federal (2) by adding at the end the following new SEC. 306. COOPERATIVE AGREEMENTS FOR RE- SEARCH PURPOSES. lands and interests therein within the area section: Section 3 of the Act entitled ‘‘An Act to im- added to the monument by this section are here- ‘‘SEC. 2. ADDITIONAL FUNCTIONS. prove the administration of the national park by transferred without monetary consideration ‘‘(a) TRANSFER, CONVEYANCE, AND DESTRUC- system by the Secretary of the Interior, and to or reimbursement to the administrative jurisdic- TION.—In addition to the functions specified in clarify the authorities applicable to the system, tion of the National Park Service and shall be the first section of this Act, the Secretary of the and for other purposes’’, approved August 18, administered as part of the monument in ac- Interior may perform the following functions in 1970 (16 U.S.C. 1a–2), is amended— cordance with the laws and regulations applica- such manner as he shall consider to be in the ble thereto. public interest: (1) in subsection (i), by striking the period at ‘‘(1) Transfer museum objects and museum the end and inserting a semicolon; and TITLE II—MISCELLANEOUS SPECIFIC collections that the Secretary determines are no (2) by adding at the end the following new PARK AMENDMENTS longer needed for museum purposes to qualified subsection: SEC. 201. ADVISORY COMMISSION FOR KALOKO- Federal agencies that have programs to preserve ‘‘(j) enter into cooperative agreements with HONOKOHAU NATIONAL HISTORICAL and interpret cultural or natural heritage, and public or private educational institutions, PARK. accept the transfer of museum objects and mu- States, and their political subdivisions, for the Section 505(f)(7) of the National Parks and seum collections for the purposes of this Act purpose of developing adequate, coordinated, Recreation Act of 1978 (16 U.S.C. 396d(f)(7)), is from any other Federal agency, without reim- cooperative research and training programs con- amended by striking ‘‘ten years’’ and inserting bursement. The head of any other Federal agen- cerning the resources of the National Park Sys- ‘‘twenty-five years’’. cy may transfer, without reimbursement, mu- tem, and, pursuant to any such agreement, to March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3103 accept from and make available to the coopera- Committee took on a measure—H.R. SEC. 3. BOUNDARY MODIFICATION. tor the technical and support staff, financial as- 359—dealing with the Women’s Rights Effective on the date of enactment of this sistance, supplies and equipment, facilities, and Park in the 103d Congress. Likewise, Act, the boundaries of the national monu- administrative services, relating to cooperative the amendment corrects a mistake in ment shall be modified as depicted on the research units, that the Secretary determines to map entitled ‘‘Boundary Proposal—Walnut be appropriate; except that no provision of this the introduced bill dealing with mu- Canyon National Monument, Coconino Coun- subsection shall be construed to waive any re- seum properties. The amended bill lan- ty, Arizona’’, numbered 360/80,010, and dated quirement with respect to research projects that guage will now accurately reflect the September 1994. Such map shall be on file are subject to the Federal procurement regula- agreement worked out in the last Con- and available for public inspection in the of- tions.’’. gress with the former Government Op- fices of the Director of the National Park The SPEAKER pro tempore. Pursu- erations Committee and which also Service, Department of the Interior. The ant to the rule, the gentleman from passed the House. The last change Secretary of the Interior, in consultation with the Secretary of Agriculture, is author- Utah [Mr. HANSEN] will be recognized made by the amendment was technical ized to make technical and clerical correc- for 20 minutes, and the gentleman from to make sure that the bill did not tions to such map. New Mexico [Mr. RICHARDSON] will be inadvertantly undercut competitive SEC. 4. ACQUISITION AND TRANSFER OF PROP- recognized for 20 minutes. bidding of research projects. ERTY. The Chair recognizes the gentleman These are all good changes that im- The Secretary of the Interior is authorized from Utah [Mr. HANSEN]. proved the bill. I support HR 694, as to acquire lands and interest in lands within Mr. HANSEN. Mr. Speaker, I yield amended, and recommend its adoption the national monument, by donation, pur- myself such time as I man consume. by the House. chase with donated or appropriated funds, or (Mr. HANSEN asked and was given Mr. Speaker, I reserve the balance of exchange. Federal property within the permission to revise and extend his re- my time. boundaries of the national monument (as marks.) modified by this Act) is hereby transferred Mr. HANSEN. Mr. Speaker, I yield to the administrative jurisdiction of the Sec- Mr. HANSEN. Mr. Speaker, I rise in back the balance of my time. retary of the Interior for management as support of H.R. 694, legislation to make Mr. RICHARDSON. Mr. Speaker, I part of the national monument. Federal minor boundary adjustments at several yield back the balance of my time. property excluded from the monument pur- national parks and to make other tech- The SPEAKER pro tempore. The suant to the boundary modification under nical amendments to various legisla- question is on the motion offered by section 3 is hereby transferred to the admin- tive acts affecting administration of the gentleman from Utah [Mr. HANSEN] istrative jurisdiction of the Secretary of Ag- the National Park System. that the House suspend the rules and riculture to be managed as a part of the Coconino National Forest. Title I of the bill contains minor pass the bill, H.R. 694, as amended. boundary adjustments at seven parks: The question was taken. SEC. 5. ADMINISTRATION. The Secretary of the Interior, acting Zion National Park in Utah, Yucca Mr. RICHARDSON. Mr. Speaker, on House National Monument, Pictured through the Director of the National Park that I demand the yeas and nays. Service, shall manage the national monu- Rocks National Lakeshore, Independ- The yeas and nays were ordered. ment in accordance with this Act and the ence National Historical Park, Craters The SPEAKER pro tempore. Pursu- provisions of law generally applicable to of the Moon National Monument, ant to clause 5 of rule I and the Chair’s units of the National Park Service, including Hagerman Fossil Beds National Monu- prior announcement, further proceed- ‘‘An Act to establish a National Park Serv- ment, and Wupatki National Monu- ings on this motion will be postponed. ice, and for other purposes’’ approved August ment. 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4). Title II contains several park specific f SEC. 6. AUTHORIZATION OF APPROPRIATIONS. measures and Title III of the bill There is hereby authorized to be appro- makes several changes in the generic WALNUT CANYON NATIONAL priated such sums as may be necessary to authority of the Park Service, such as MONUMENT BOUNDARY MODI- carry out this Act. increasing the amount that NPS can FICATION ACT OF 1995 The SPEAKER pro tempore. Pursu- spend on an annual basis for their vol- Mr. HAYWORTH. Mr. Speaker, I ant to the rule, the gentleman from Ar- unteer program. move to suspend the rules and pass the izona [Mr. HAYWORTH] will be recog- This is a good bill which has been de- bill (H.R. 562) to modify the boundaries nized for 20 minutes, and the gen- veloped in a bipartisan fashion with of Walnut Canyon National Monument tleman from New Mexico [Mr. RICHARD- the administration. A similar bill has in the State of Arizona, as amended. SON] will be recognized for 20 minutes. passed the House in each of the last The Clerk read as follows: The Chair recognizes the gentleman two sessions and I hope that it will fi- H.R. 562 from Arizona [Mr. HAYWORTH]. nally be enacted this Congress. I urge Be it enacted by the Senate and House of Rep- Mr. HAYWORTH. Mr. Speaker, I my colleagues to support this bill. resentatives of the United States of America in yield myself such time as I may Mr. Speaker, I reserve the balance of Congress assembled, consume. my time. SECTION 1. SHORT TITLE. (Mr. HAYWORTH asked and was Mr. RICHARDSON. Mr. Speaker, I This Act may be cited as the ‘‘Walnut Can- given permission to revise and extend yield myself such time as I may yon National Monument Boundary Modifica- his remarks.) consume. tion Act of 1995’’. Mr. HAYWORTH. Mr. Speaker, I rise (Mr. RICHARDSON asked and was SEC. 2. FINDINGS AND PURPOSE. in strong support of H.R. 562, a bill to given permission to revise and extend (a) FINDINGS.—The Congress finds that: modify the boundary at Walnut Canyon his remarks.) (1) Walnut Canyon National Monument National Monument in Arizona. Mr. RICHARDSON. Mr. Speaker, H.R. was established for the preservation and in- The purpose of this legislation is to 694 is a noncontroversial housekeeping terpretation of certain settlements and land allow consistent management of the bill that makes minor boundary adjust- use patterns associated with the prehistoric archeological resources in Walnut Can- ments and other miscellaneous changes Sinaguan culture of northern Arizona. yon. in programs and authorities of the Na- (2) Major cultural resources associated Walnut Canyon National Monument with the purposes of Walnut Canyon Na- tional Park Service. tional Monument are near the boundary and was established in 1915 to serve and The bill, as reported by the Re- are currently managed under multiple-use protect the ruins of prehistoric sources Committee, contains an objectives of the adjacent national forest. Sinaguan settlements. amendment that reflects appropriate These concentrations of cultural resources, Within the canyon there are five changes to this noncontroversial bill often referred to as ‘‘forts’’, would be more steep, rocky ridges that extend into and will make the amended bill con- effectively managed as part of the National the canyon from the rims. Archeologi- sistent with previous action on this Park System. cal sites cluster around these dramatic and related measures in the last Con- (b) PURPOSE.—The purpose of this Act is to features, which were called forts by modify the boundaries of the Walnut Canyon gress. The deletion of the proposed ex- National Monument (hereafter in this Act early archeologists. tension of the Advisory Commission at referred to as the ‘‘national monument’’) to My legislation would extend the Women’s Rights National Historical improve management of the national monu- boundary of the monument to include Park mirrors the action the Resources ment and associated resources. an additional two forts and associated H 3104 CONGRESSIONAL RECORD — HOUSE March 14, 1995 archeological areas by transferring ap- committee and the House passed the (b) LOCAL BUSINESS USE PROTECTED.—Sub- proximately 1,279 acres currently man- bill in the 103d Congress without this section (a) does not apply with respect to the aged by the U.S. Forest Service to the property. That same private landowner use of commercial vehicles to serve busi- Walnut Canyon National Monument now again wants his property included nesses located within or in the vicinity of in the bill and the committee amend- the recreation area, as determined by the managed by the Park Service. Secretary. ment accomplishes this. During consideration at the Re- (c) CONFORMING PROVISIONS.—(1) Para- sources Committee, an en bloc amend- My good friend, the gentleman from graphs (1) through (3) of the third undesig- ment to H.R. 562 was adopted. Arizona, assured me this is the last nated paragraph under the heading ‘‘ADMIN- This amendment changed the map time we will deal with this issue. I sup- ISTRATIVE PROVISIONS’’ in chapter VII of reference used in this legislation to in- ported this amendment in committee title I of Public Law 98–63 (97 Stat. 329) are clude 53 acres of land owned by a pri- because the resource values of that pri- repealed, effective September 30, 2005. vate property owner adjacent to the vate property would be an excellent ad- (2) Prior to noon on September 30, 2005, the current Monument boundary. dition to the monument. I just hope Secretary shall collect and utilize a commer- cial use fee from commercial vehicles in ac- The landowner in question has asked this landowner does not again change his mind. cordance with paragraphs (1) through (3) of that this land be included and has indi- such third undesignated paragraph. Such fee cated his desire to work with the Park With that being said, Mr. Speaker, I shall not exceed $25 per trip. Service to bring about a land exchange. support H.R. 562, as amended, and rec- ommend its approval by the House. The SPEAKER pro tempore. Pursu- The amendment also inserts an au- ant to the rule, the gentleman from thorization for appropriations into the Mr. Speaker, I reserve the balance of Utah [Mr. HANSEN] will be recognized bill. I believe that this language pro- my time. for 20 minutes, and the gentleman from vides an important safeguard for the Mr. HAYWORTH. Mr. Speaker, I New Mexico [Mr. RICHARDSON] will be private landowner should his efforts at yield myself such time as I may recognized for 20 minutes. exchange fail. consume. The Chair recognizes the gentleman Mr. Speaker, my legislation enjoys Mr. Speaker, I certainly welcome the from Utah [Mr. HANSEN]. the strong support of the Flagstaff City support of the gentleman from New (Mr. HANSEN asked and was given Council and the Coconino County Mexico [Mr. RICHARDSON], my good permission to revise and extend his re- Board of Supervisors. friend, and once again, as we did in marks.) Mr. Speaker, I understand the admin- committee, let me allay the fears of Mr. HANSEN. Mr. Speaker, I rise in istration has no objection to this legis- my good friend from New Mexico be- support of H.R. 536, legislation to rein- lation. cause the landowner now in question Mr. Speaker, in closing, I would like has decided that we are married, and state the commercial vehicle use fee at to thank the chairman of the Re- we are going to stay married with this Delaware Water Gap National Recre- sources Committee and the chairman provision. ation in Pennsylvania. and ranking member of the National Mr. Speaker, I have no further re- Mr. Speaker, this bill simply rein- Parks, Forests, and Lands Subcommit- quests for time. Therefore I yield back states the authority of the Secretary of tee for their assistance in moving this the balance of my time. the Interior to collect a fee for important bill. Mr. RICHARDSON. Mr. Speaker, I nonlocal commercial vehicles which I urge my colleagues to support H.R. too, yield back the balance of my time. use Route 209 through Delaware Water 562. The SPEAKER pro tempore (Mr. Gap National Recreation Area. That Mr. Speaker, I reserve the balance of SHAYS). The question is on the motion authority, which expired in 1993, is im- my time. offered by the gentleman from Arizona portant for the management of com- Mr. RICHARDSON. Mr. Speaker, I [Mr. HAYWORTH] that the House sus- mercial vehicular traffic, as well as en- yield myself such time as I may pend the rules and pass the bill, H.R. suring the safety of park visitors and consume. 562, as amended. local residents who use this road. (Mr. RICHARDSON asked and was The question was taken. The bill provides for this unique au- given permission to revise and extend Mr. RICHARDSON. Mr. Speaker, on thority to expire in 10 years, when al- his remarks.) that I demand the yeas and nays. ternative routes are expected to be Mr. RICHARDSON. Mr. Speaker, first The yeas and nays were ordered. available for this commercial traffic. to my colleague from Arizona, con- The SPEAKER pro tempore. Pursu- I commend the gentleman from gratulations; I assume this is the first ant to clause 5, rule I, and the Chair’s Pennsylvania [Mr. MCDADE] for his bill he has managed. prior announcement, further proceed- work on this bill and urge all my col- Mr. Speaker, H.R. 562, as introduced, ings on this motion will be postponed. leagues to support it. would have modified the boundaries of f Mr. Speaker, I reserve the balance of the Walnut Canyon National Monu- my time. COMMERCIAL VEHICLES IN THE ment to provide for the inclusion of ap- Mr. RICHARDSON. Mr. Speaker, I DELAWARE WATER GAP NA- proximately 1,239 acres to be adminis- yield myself such time as I may TIONAL RECREATION AREA tratively transferred to the National consume. Park Service from the Forest Service Mr. HANSEN. Mr. Speaker, I move to (Mr. RICHARDSON asked and was and the deletion of 54 acres which suspend the rules and pass the bill given permission to revise and extend would be administratively transferred (H.R. 536) to extend indefinitely the au- his remarks.) to the Forest Service from the Na- thority of the Secretary of the Interior Mr. RICHARDSON. Mr. Speaker, H.R. tional Park Service. to collect a commercial operation fee 536, as introduced, was a significant de- in the Delaware Water Gap National parture from the legislation—Section b 1500 Recreation Area, and for other pur- 301 of H.R. 3252—which passed the The bill was subsequently amended poses, as amended. House last Congress. The bill that by the Resources Committee to also in- The Clerk read as follows: passed the House last Congress pro- clude within the monument boundaries H.R. 536 vided for an end by the year 2000 of 53 acres of private property. Mr. Speak- Be it enacted by the Senate and House of Rep- through commercial truck traffic on er, we support the bill, and, as I noted resentatives of the United States of America in Route 209 within the Delaware Water at committee markup, I find it ironic Congress assembled, Gap National Recreation Area. The that when Representative Karan Eng- SECTION 1. PROHIBITION OF COMMERCIAL VEHI- bill, as introduced, would have ex- lish introduced this legislation last CLES. tended that authority indefinitely. I year, it included a private property (a) IN GENERAL.—Effective at noon on Sep- believe it is in the public interest to owner. Subsequently, that owner de- tember 30, 2005, the use of Highway 209 with- end through truck traffic on Route 209 in Delaware Water Gap National Recreation cided, that after supporting being in Area by commercial vehicles, when such use within the park. That’s why I prefer the bill, he no longer wanted to be in- is not connected with the operation of the the House language from last year. cluded. Representative English asked recreation area, is prohibited, except as pro- However, I recognize that the National that his property be deleted and the vided in subsection (b). Park Service in their testimony before March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3105 the Resources Committee asked for ad- local business community with the mission of SECTION 1. SHORT TITLE. ditional time, until the year 2005, to the National Recreational Area. This Act may be cited as the ‘‘Chacoan end through truck traffic. I supported The execution of this ban and the free col- Outliers Protection Act of 1995’’. the committee amendment that em- lection policy have been highly successful in SEC. 2. CONFORMING AMENDMENT. bodies this change with the under- reducing highway deaths and injuries, air and Section 501(b) of Public Law 96–550 (16 standing that this so-called temporary noise pollution and property damage. This has U.S.C. 410ii(b)) is amended by striking ‘‘San authority will be just that—tem- been accomplished while protecting local busi- Juan Basin;’’ and inserting in lieu thereof, ‘‘San Juan Basin and surrounding areas;’’. porary—and that through truck traffic ness needs. To date, businesses along Route on this segment of Route 209 will end SEC. 3. ADDITIONS TO CHACO CULTURE ARCHEO- 209 or contiguous to the recreation area have LOGICAL PROTECTION SITES. in 2005. been able to effectively co-exist with the park Subsection 502(b) of Public Law 96–550 (16 Mr. Speaker, with that change to the under this management policy. The Park Serv- U.S.C. 410ii–1(b)) is amended to read as fol- bill, I support H.R. 536, as amended, ice, in conjunction with the Delaware Water lows: and recommend its adoption by the Gap Citizens Advisory Committee, support the ‘‘(b)(1) Thirty-nine outlying sites as gen- House. provisions in H.R. 536 and the extension of erally depicted on a map entitled ‘Chaco Cul- Mr. Speaker, I reserve the balance of the fee collection authority. ture Archeological Protection Sites’, num- my time. As a management policy tool, the ban and bered 310/80,033–B and dated September 1991, are hereby designated as ‘Chaco Culture Ar- Mr. MCDADE. Mr. Speaker, I want to com- fee collection schedule have been effective in cheological Protection Sites’. The thirty- mend Chairman DON YOUNG and Subcommit- achieving the goals for which they were de- nine archeological protection sites totaling tee Chairman JIM HANSEN and BILL RICHARD- signed 10 years ago. Even though the reve- approximately 14,372 acres identified as fol- SON for their cooperation and support in fash- nues which have been generated by the fee lows: ioning this legislation. Over the last two ses- collection operation are decreasing over time, ‘‘Name: Acres sions of Congress there has been strong bi- the process raises adequate monies to sub- Allentown ...... 380 partisan support for this bill. During the 103d sidize the collection operation. Historically, any Andrews Ranch ...... 950 Congress, Subcommittee Chairman VENTO profits from the commercial fees are addition- Bee Burrow ...... 480 helped to facilitate House passage of a bill ally applied to the maintenance of Route 209. Bisa’ani ...... 131 similar to H.R. 536, but the Senate was un- Over time the collection process may have Casa del Rio ...... 40 able to act on that measure prior to the close to be phased out due to dwindling revenues Casamero ...... 160 of the session. collected from the operation. It is anticipated Chimney Rock ...... 3,160 I introduced this measure so that Congress that the Commonwealth of Pennsylvania will Coolidge ...... 450 can extend the management policy which has be able to improve State Route 2001, the Dalton Pass ...... 135 helped to save lives, maintained the economic major western north/south route paralleling Dittert ...... 480 viability of regional businesses and enhanced Route 209, to an adequate level to accommo- Great Bend ...... 26 the quality of life in Monroe and Pike Coun- date the traffic from Route 209 if it must be Greenlee Ruin ...... 60 ties, Pennsylvania. The Office of Management closed to commercial traffic. The State envi- Grey Hill Spring ...... 23 and Budget and the National Park Service has sions that it will take 10 years to upgrade Guadalupe ...... 115 advised me that there is no objection to the State Route 2001. Therefore, I strongly rec- Halfway House ...... 40 enactment of this bill. The fiscal impact of H.R. ommend that, at this juncture, the Park mini- Haystack ...... 565 536 would be negligible because the new fees mally continue the current fee collection oper- Hogback ...... 453 authorized by this measure would offset the ation for another 10 years. For the immediate Indian Creek ...... 100 cost of collecting the fees. future, I believe that the collection of fees Jaquez ...... 66 The creation of the Delaware Water Gap should be continued as an important manage- Kin Nizhoni ...... 726 National Recreation Area, in 1965, from an ex- ment tool for the Park Service in order to allow Lake Valley ...... 30 Manuelito-Atsee Nitsaa ...... 60 isting rural residential locality, with accom- local businesses to use Route 209 while rais- Manuelito-Kin Hochoi ...... 116 panying business community, presented many ing revenues for its maintenance. Morris 41 ...... 85 unique policy challenges to the Park Service. Mr. Speaker, I respectfully request the expe- Muddy Water ...... 1,090 The test for the Park Service was how to man- ditious approval of this measure due to the Navajo Springs ...... 260 age the heavy truck traffic which was travelling July 30, 1993, expiration date of the current Newcomb ...... 50 through the center of the recreation area on law. Peach Springs ...... 1,046 Route 209, at a rate of 3,000 trucks a day, Mr. HANSEN. Mr. Speaker, I yield Pierre’s Site ...... 440 without adversely impacting local business back the balance of my time. Raton Well ...... 23 needs. Mr. RICHARDSON. Mr. Speaker, I, Salmon Ruin ...... 5 Route 209 was a primary route for commer- too, yield back the balance of my time. San Mateo ...... 61 cial truck traffic which was destined for points The SPEAKER pro tempore. The Sanostee ...... 1,565 in New England. This heavy use of Route 209, question is on the motion offered by Section 8 ...... 10 which was incompatible with its original design the gentleman from Utah [Mr. HANSEN] Skunk Springs/Crumbled House .. 533 as a small rural road, crated problems varying that the House suspend the rules and Standing Rock ...... 348 from accident related deaths, road and prop- pass the bill, H.R. 536, as amended. Toh-la-kai ...... 10 erty damage, to the creation of unacceptable The question was taken. Twin Angeles ...... 40 levels of noise and air pollution. Mr. RICHARDSON. Mr. Speaker, on Upper Kin Klizhin ...... 60. Clearly, the existence of a heavily travelled that I demand the yeas and nays. ‘‘(2) The map referred to in paragraph (1) commercial route cutting through the recre- The yeas and nays were ordered. shall be kept on file and available for public ation area was inconsistent with the purpose The SPEAKER pro tempore. Pursu- inspection in the appropriate offices of the for which the park was created. For this rea- ant to clause 5, rule I, and the Chair’s National Park Service, the office of the State Director of the Bureau of Land Man- son, Route 209 was transferred to the Park prior announcement, further proceed- agement located in Santa Fe, New Mexico, Service from the Commonwealth of Penn- ings on this motion will be postponed. the office of the Area Director of the Bureau sylvania so that a partial ban could be imple- f of Indian Affairs located in Window Rock, mented on truck traffic not serving local busi- Arizona, and the offices of the Arizona and nesses. CHACOAN OUTLIERS PROTECTION New Mexico State Historic Preservation Of- In July, 1983, Public Law 98±63 authorized ACT OF 1995 ficers.’’. the closure of Route 209 to commercial truck Mr. HANSEN. Mr. Speaker, I move to SEC. 4. ACQUISITIONS. traffic except vehicles serving the park or re- suspend the rules and pass the bill Section 504(c)(2) of Public Law 96–550 (16 gional businesses and established the existing (H.R. 517) to amend title V of Public U.S.C. 410ii–3(c)(2)) is amended to read as fol- fee schedule. The NPS implemented the law Law 96–550, designating the Chaco Cul- lows: by setting up checkpoints and toll booths to ture Archeological Protection Sites, ‘‘(2) The Secretary shall seek to use a com- bination of land acquisition authority under collect fees from commercial traffic. The au- and for other purposes. this section and cooperative agreements thority to collect fees was to expire in 10 years H.R. 517 (pursuant to section 505) to accomplish the or when Interstate 287 was completed as an Be it enacted by the Senate and House of Rep- purposes of archeological resource protec- alternate route, This carefully crafted com- resentatives of the United States of America in tion at those sites described in section 502(b) promise effectively balanced the needs of the Congress assembled, that remain in private ownership.’’. H 3106 CONGRESSIONAL RECORD — HOUSE March 14, 1995

SEC. 5. ASSISTANCE TO THE NAVAJO NATION. to 10 bills that are moving through the the gentleman from Utah [Mr. HANSEN] Section 506 of Public Law 96–550 (16 U.S.C. House, perhaps even more, and I want that the House suspend the rules and 410ii–5) is amended by adding the following to thank the gentleman for his fair- pass the bill, H.R. 517. new subsection at the end thereof: ness, his bipartisanship, and his im- ‘‘(f) The Secretary, acting through the Di- The question was taken. rector of the National Park Service, shall as- mense productivity. I hope it continues Mr. HANSEN. Mr. Speaker, on that I sist the Navajo Nation in the protection and throughout this session. demand the yeas and nays. management of those Chaco Culture Archeo- Mr. Speaker, I am pleased to speak in The yeas and nays were ordered. logical Protection Sites located on lands strong support of H.R. 517, legislation I The SPEAKER pro tempore. Pursu- under the jurisdiction of the Navajo Nation introduced in January to protect out- ant to clause 5, rule I, and the Chair’s through a grant, contract, or cooperative lying sites at the Chaco Culture Ar- prior announcement, further proceed- agreement entered into pursuant to the In- chaeological Protection Site in my ings on this motion will be postponed. dian Self-Determination and Education Act congressional district in northwestern (Public Law 93–638), as amended, to assist f the Navajo Nation in site planning, resource New Mexico. The entire New Mexico congressional protection, interpretation, resource manage- COMMUNICATION FROM THE HON- delegation has spent the better part of ment actions, and such other purposes as ORABLE CHRISTOPHER SHAYS, may be identified in such grant, contract, or 10 years working to pass this legisla- MEMBER OF CONGRESS cooperative agreement. This cooperative as- tion, which would correct several in- sistance shall include assistance with the de- equities resulting from passage of the The SPEAKER pro tempore laid be- velopment of a Navajo facility to serve those last Chaco-related legislation in 1980. I fore the House the following commu- who seek to appreciate the Chacoan Outlier nication from the Honorable CHRIS- Sites.’’. am pleased that Chairmen HANSEN and YOUNG and their staffs have recognized TOPHER SHAYS, Member of Congress: The SPEAKER pro tempore. Pursu- the importance of this legislation by CONGRESS OF THE UNITED STATES, ant to the rule, the gentleman from ensuring its timely consideration in March 9, 1995. Utah [Mr. HANSEN] will be recognized the House early in this session. I would Hon. NEWT GINGRICH, for 20 minutes, and the gentleman from like to thank them for their leadership. Speaker of the House, the Capitol, Washington, New Mexico [Mr. RICHARDSON] will be DC. The name Chaco Canyon comes from recognized for 20 minutes. DEAR NEWT: This is to formally notify you the Chaco culture, the single most im- The Chair recognizes the gentleman pursuant to Rule L (50) of the Rules of the portant prehistoric culture in the from Utah [Mr. HANSEN]. House that my office has received a subpoena Western United States, which is known Mr. HANSEN. Mr. Speaker, I rise in for testimony and documents concerning to have lived in the area. The Chaco constituent casework. The subpoena was is- support of H.R. 517, a bill to improve culture site in New Mexico contains sued by the Superior court for the Judicial the management and protection of the District of Fairfield County in the State of Chaco outliers in the Four Corners re- spectacular archaeological remains of the native American past, which have Connecticut. gion. After consultation with the General Coun- long been recognized as representing an Mr. Speaker, in 1980 Congress recog- sel, I have determined that compliance with nized the outstanding collection of ar- archaeological peak in Anasazi Indian the subpoena is consistent with the privi- cheological sites related to the Anasazi prehistory. leges and precedents of the House. ruins at Chaco Canyon and established The Resources Committee considered Sincerely, the Chaco outliers as additional re- this bill earlier this year, and did not CHRISTOPHER SHAYS, Member of Congress. sources worthy of recognition and pro- make any changes to the bill as intro- tection. Subsequent analysis by the duced. The bill would authorize alter- f interagency team overseeing the man- ations in the area including the addi- agement of these sites has led to the tion of the Morris 41 site to the list of b 1515 development of this legislation; which what will now be 39 outlying sites, the deletes some sites, adds other sites, addition of clarifying language regard- SPECIAL ORDERS and modifies the boundaries at some ing the role of the National Park Serv- The SPEAKER pro tempore (Mr. existing sites. ice in working fully with the Navajo SHAYS). Under the Speaker’s an- This is a good bill. I particularly Nation to ensure that the sites are nounced policy of January 4, 1995, and want to note that this legislation pro- managed responsibly, and the addition under a previous order of the House, vides for cooperative management of of new language authorizing the acqui- the following Members will be recog- these sites by the Federal Government, sition of lands for the purpose of com- nized for 5 minutes each. native Americans, and private property pleting the inclusion of the new outly- owners. This is a good model which un- ing sites. f derscores the point that the Federal New Mexico’s senior Senator, PETE TRIBUTE TO LTC MARY LOU Government does not need to own cul- DOMENICI, has joined me in introducing SMULLEN tural resources in order to ensure their identical legislation in the Senate. I protection. am pleased that Senator DOMENICI has The SPEAKER pro tempore. Under a I commend the gentleman from New secured a subcommittee markup of this previous order of the House, the gen- Mexico [Mr. RICHARDSON] for his long- legislation in the Subcommittee on tleman from Mississippi [Mr. MONT- standing efforts to complete work on Parks, Historic Preservation and GOMERY] is recognized for 5 minutes. this bill, and I am pleased that we are Recreation for tomorrow. With the Mr. MONTGOMERY. Mr. Speaker, today I able to move it early in the session. I Senator’s fine leadership, I look for- want to congratulate LTC Mary Lou Smullen urge all my colleagues to support the ward to the swift consideration and who will retire from the U.S. Army on May 1, bill. passage of this legislation in the Sen- 1995, after a distinguished 20-year career of Mr. Speaker, I reserve the balance of ate as well. service to our Nation. I am particularly pleased my time. I am confident that the provisions of to note that a significant portion of that service Mr. RICHARDSON. Mr. Speaker, I H.R. 517 are reflective of the unique relates directly to the Congress. yield myself such time as I may needs of this culturally significant site. Lieutenant Colonel Smullen graduated from consume. I welcome the passage of H.R. 517 today Ohio University in Athens, OH, after majoring (Mr. RICHARDSON asked and was and look forward to its enactment into in radio and television broadcasting. In April of given permission to revise and extend law in the very near future. 1975, following a short foray into the business his remarks.) Mr. Speaker, I reserve the balance of sector, she sought and accepted a direct ap- Mr. RICHARDSON. Mr. Speaker, first my time. pointment as a second lieutenant in the Wom- let me congratulate the chairman of Mr. HANSEN. Mr. Speaker, I yield en's Army Corps. the subcommittee, the gentleman from back the balance of my time. During her first assignment, then-lieutenant Utah [Mr. HANSEN], for his outstanding Mr. RICHARDSON. Mr. Speaker, I, Smullen immediately established a reputation bipartisan work, and, I must say, most too, yield back the balance of my time. for excellence, creativity, and mission accom- productive work that he has initiated The SPEAKER pro tempore. The plishment. In a series of high profile positions in our subcommittee. I think it is close question is on the motion offered by at the U.S. Army Signal School and Center at March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3107 Fort Gordon, GA, involving public affairs and ment as a special assistant to the Staff Direc- er at this time, under the Speaker’s an- protocol she excelled and began polishing tor on the Joint Committee on the Organiza- nounced policy of January 4, 1995, the skills that would serve her exceptionally well in tion of Congress. This historic effort, pursued gentlewoman from Florida [Ms. BROWN] future assignments. Perhaps the highlight of only twice before in the history of our Repub- is recognized for 60 minutes as the des- her tour at Fort Gordon was a weekly tele- lic, was supported by an extremely small Staff. ignee of the minority leader. vision show titled ``On the Move'' that she pro- LTC Mary Lou Smullen played a key role in Ms. BROWN of Florida. Mr. Speaker, duced, wrote, and appeared in, that covered the joint committee's activities. She coordi- the topic of my discussion will be the stories of local interest. This well-received nated research and background of legislative- rescission cuts. There have been many show was eventually picked up and broadcast executive relations, chose the best witnesses, targeted, including children and the el- as a public service on one of the local com- analyzed the correct solutions for the joint derly, but worst of all have been the mercial television stations. committee to recommend, oversaw prepara- veterans, and I rise today in behalf of Our very best officers actively seek duty tion of all outgoing constituent correspondence the veterans throughout this Nation. with soldiers and Mary Lou Smullen is no ex- signed by members, and prepared all cor- There is a national disgrace in this ception. In the early 1980's, the U.S. Army in respondence for the National Archives. All country that must be addressed now. Europe was one of the most challenging these tasks were accomplished in an exem- places to serve with soldiers. Tough, realistic plary fashion, and many of the committee's We all know that American men and training and competent, confident leaders recommendations are under consideration by women in the prime of their lives will- maintained the warrior's edge as America's the current Congress for implementation. ingly go to remote parts of the world Army stood ready to defend Western Europe Since completing work with the joint commit- to defend their country. Sometimes from the Warsaw Pact. tee, LTC Smullen has been serving as a spe- they do not return. Sometimes they re- Effective personnel administration is one of cial assistant to the Army's Chief of Legislative turn wounded. Sometimes they return the many important, yet unheralded tasks, that Liaison and has continued to excel in a posi- with wounds that do not surface until contribute to maintaining trained and ready tion with many and varied challenges. Excel- years later. War is never without forces in the field. We want to be sure that ut- lence continues as her hallmark. human cost, and for this reason we most care is taken of America's sons and The role of women in our Armed Forces has have a longstanding contract with our daughters. We want to be sure our soldiers been a topic of much discussion over the past brave warriors that goes something are properly assigned, promoted, schooled, re- several years. Throughout our history women like this: ‘‘If you will stand in harm’s warded, and disciplined. And that is exactly have served America's Army in many sub- way for me, I will care for you later.’’ what then-Captain Smullen did as Chief of Of- stantive and diverse roles: Mary Ludwig On February 24, a day of disgrace, the ficer Records for the Fifth U.S. Corps and later McCauley, alias Molly Pitcher, Dr. Mary Ed- House Appropriations Committee with as Commander of the 64th Adjutant General wards Walker, Mary Hallaren, and Mary E. Republican leadership voted to rescind Replacement Detachment, and Chief of the Clarke have inspired generations of women to Enlisted Assignment Section for the Fifth $206 million in fiscal year 1995 from the seek an opportunity to serve our Nation. Like VA appropriations. During the full Corps. Well over 21,000 soldiers in over 106 them, Mary Lou Smullen heard the call. In her units directly benefited from LTC Smullen's ex- committee markup on March 2, the Re- own way, LTC Smullen has played an active publicans voted to support those cuts. ceptional efforts. She went on to serve with part in effecting important changes within This rescission money was intended distinction as the Assistant Secretary for the America's Army. These changes have not oc- to fund six VA ambulatory care General Staff for Protocol for the Fifth Corps curred quickly. However, they have rooted projects totaling $200 million. It is a and found the time somehow, to earn a mas- deeply within the institution itself. Often have ter's degree in international relations from Troy I heard the Army claim that senior leaders national disgrace that veterans’ pro- State University at its overseas campus. cannot be hired off the street. They must be grams are a part of this rescission list, LTC Smullen's educational background, ex- nurtured and grown within the institution. The a list that was quickly and perience, and demonstrated performance re- very fact that we have senior Army officers thoughtlessly compiled. These canceled sulted in her next assignment as Assistant like LTC Smullen actively engaged in sen- projects prevent us from expanding our Public Affairs Officer for the Armed Forces In- sitive, important, and demanding positions is outpatient service, a national trend in augural Committee. Once again she set her- ample testament that the Army has indeed health care delivery and making our self apart from her peers by exhibiting excep- kept pace with the cultural changes that have health care system more efficient and tional skill, intelligence, and innovation. The in- occurred in the rest of American society. The cost-effective. These canceled projects formation briefings, historical, and art pro- Women's Army Corps was eliminated shortly are aimed at one of the most deserving grams she deftly developed established a standard that is still looked to today. after LTC Smullen graduated from its basic groups in our society, veterans after Each service assigns Congressional liaison course. She has been in the vanguard of World War II and the Korean conflict. officers to offices on the Hill that perform a change that has permeated America's Army, These veterans and all veterans should particularly important function keeping Con- setting an example, breaking down long-estab- expect and receive good care. If we can- gress adequately apprised of myriad programs lished barriers, and disproving widely held not protect them at this time in their so we can make informed decisions regarding stereotypes. time of need, how can we ask them to defense authorizations and appropriations. On a personal note, I would point out that stand in harm’s way to protect us? Few positions within the services have such LTC Smullen was one of the escort officers for GOP says veterans health is not a prior- direct impact on the services' programs as a Veterans' Affairs Committee trip several ity.ÐThe Republicans' message is clear: the years ago to Corregidor and talks with Filipino these liaison positions. Accordingly, the serv- health of our Nation's veterans is not a prior- officials regarding the restoration of the memo- ices strive mightily to assign only their best of- ity. Clearly, they feel that reducing vital medi- ficers to liaison positions on Capitol Hill. LTC rial to U.S. troops on the island. She proved to be an excellent escort officer and contrib- cal services to needy veterans is an appro- Smullen was the Army's first female officer as- priate way to pay for tax cuts for the wealthy. signed to such as liaison position on Capitol uted greatly to the success of the trip. Mary Lou Smullen is a consummate profes- All these funds have been carefully consid- Hill. This action testifies to the degree of trust ered.ÐThe Department of Veterans Affairs and confidence senior Army leadership placed sional. She has personified those traits of pro- has ranked the six targeted ambulatory care in this superb officer. She did such a fine job fessionalism, integrity, and competence that projects as priorities. In fiscal year 1995, the for the Army that the Office of the Secretary our Nation has come to expect from its Army of Defense sought her transfer and she went officers. When she was needed, she was Department proposed to fund these projects, on to provide liaison between the Secretary of there. She has served our country well and all of which have been authorized, as part of Defense and Congress in matters relating to our heartfelt appreciation and best wishes go the veterans health care investment fund. all weapons systems procurements, command with LTC Smullen as she prepares for the fu- Ambulatory care saves taxpayer dollars.Ð control and communications issues, and ture. The ambulatory care projects are an integral chemical matters. f part of the Department's plan to move away Few of our serving military officers ever get from costly inpatient care and provide more the opportunity to work on Capitol Hill as bona IN OPPOSITION TO VETERANS’ accessible, cost effective and efficient out- fide members of the Congressional staff. Per- ADMINISTRATION RESCISSIONS patient care. Ultimately, all of these projects haps the ultimate indicator of LTC Smullen's The SPEAKER pro tempore. There will save the VA medical system more money. special talents was her selection and assign- being no designee of the majority lead- H 3108 CONGRESSIONAL RECORD — HOUSE March 14, 1995 These projects will provide better care.Ð The emergency room is a converted hallway sider for the next fiscal year, and now The projects will allow VA to better meet the with treatment and support spaces on either on top of all this the House Appropria- workload experienced by the transfer of ex- side of the hall. Administrative duties take tions Committee is proposing that Con- pensive inpatient care to a less costly ambula- place in the hallway along with movement of gress slash VA health care funds al- tory setting. patient, supply, staff, and visitor traffic. ready appropriated and included in the These projects will allow VA to deliver man- Mr. Speaker, I will now yield to my current budget. Either we keep our aged outpatient care and will greatly improve good friend, the gentleman from Geor- promise to provide a quality health VA's ability to deliver primary care. gia [Mr. SANFORD BISHOP]. care system for our veterans or we re- These projects will correct serious safety Mr. BISHOP. Mr. Speaker, I thank nege on that promise. This is the fun- and space deficiencies in ambulatory care the gentlewoman from Florida for damental issue that we will be debat- areas of affiliated referral facilities or in under- yielding. ing when this ill-conceived rescissions sized leased satellite clinics. Mr. Speaker, thanks to the men and package is brought to the floor next Presently, the clinic space available at these women who have served in the Armed week. proposed facilities was designed for workloads Forces, we Americans live in the freest, In addition to the personal sacrifices of 50 to 60 percent of current workloads. The the most bountiful, and the most se- that veterans have made in the defense lack of space results in appointment delays cure country in the world. All of us of our country, we will be asking them and overcrowding. will agree, I am sure, that we owe each to sacrifice benefits and services that Veterans take the hit to pay for taxcuts for and every one of our veterans a deep have been promised and approved. the wealthy.ÐThese cuts are not only ``penny- debt of gratitude. On patriotic holidays Mr. Speaker, let us keep our word. wise and pound-foolish,'' but also wrong. we express our thanks in speeches and Let us restore these funds. Vote to These cuts are aimed at the most vulnerable parades, and well we should, because build the VA health care system, not groups in our societyÐaging World War II and when our veterans signed up and an- tear it down. swered the call with their faithful serv- Ms. BROWN of Florida. Mr. Speaker, Korean conflict veterans and others who have ice to our Nation, our Government in would the gentleman respond to a ques- sacrificed so much for our Nation. essence issued a promissory note, a tion? Members will have another chance to get check assuring them certain basic ben- Mr. BISHOP. Yes, I will, if the gen- their priorities straight.ÐSupport restoring this efits, including education and job tlewoman will yield further. vital funding when this ill-conceived rescission training opportunities, housing assist- Ms. BROWN of Florida. Mr. Speaker, package is brought to the floor next week. Do ance, and a health care system that the gentleman serves on the authoriz- not let our veterans down. They deserve bet- specifically serves veterans, the veter- ing committee, and can he tell me ter. ans’ population, when they need it, for whether or not anyone on the authoriz- Orlando Satellite Outpatient Clinic and Nurs- life. ing committee was contacted by any- ing Home.ÐThe fiscal year 1995 appropriation It will be a tragic day, Mr. Speaker, one from the administration or anyone is $14 million. This project will allow the VA to if that check is ever returned marked from the Secretary’s office pertaining better provide primary and preventive care ‘‘Insufficient Funds.’’ In essence, that to these cuts or whether it is politics and address long-term care needs in the Or- is exactly what will be happening if the old-fashioned way, a group of good lando area. It renovates the Orlando Naval Congress votes to support the more old boys getting together and making Training Center hospital for use as a VA sat- than $206 million in VA rescissions the these decisions? ellite outpatient clinic and nursing home care Appropriations Committee is rec- Mr. BISHOP. Mr. Speaker, as the unit. It will replace the existing leased under- ommending, rescissions that will elimi- gentlewoman is aware, we had hearings sized clinic which was sized to accommodate nate critically needed high-priority im- in the Committee on Veterans’ Affairs, less than one-half of the visits currently experi- provements in the veterans’ health and I think the Secretary appeared and enced in Orlando. The project will allow the care system that must sooner or later indicated that he had not been con- VA to provide excellent primary and preventive be implemented if the system is to sulted, and I think that the committee care and long-term care in the Orlando area. meet its needs in the immediate years records would reveal that probably Since June 1994, there have been 15,000 vet- ahead. there were no consultations from the eran patient visits to the Orlando Satellite Out- These funds are earmarked for six authorizing committee. This was some- patient ClinicÐ120,000 visits are expected by ambulatory care projects totaling $156 thing that happened sui sponte. There the end of 1995. million and medical equipment pur- was no consultation at all, and I think, The existing clinic is in three separate build- chases totaling $50 million. The ambu- as the gentlewoman alludes to it, this ings approximately one-half mile from each latory care projects are needed to carry was the old-fashioned way of doing other and cannot be expanded further in out the projected transfer of many in- things, and apparently that is what we present location. Unsuccessful efforts have patient-care patients to a more cost-ef- are faced with. been made for the past 6 years to obtain ac- fective outpatient care. In the long run Ms. BROWN of Florida. Mr. Speaker, ceptable replacement lease space. Existing it will cost much more money to con- I have one followup question: What space lacks sufficient examining rooms, wait- tinue to hospitalize many thousands of does the gentleman think about the re- ing areas, and bathrooms with no privacy for patients who could be treated on an verse Robin Hood procedure, robbing examining women veterans. This project will outpatient basis. Rescinding this in- from the poor to give to the rich? allow for 120 new beds without new construc- vestment makes no sense from either a Mr. BISHOP. I feel that it is a slap in tion by renovating an existing building. financial standpoint or a medical the face to our Nation’s veterans. I feel Gainesville ambulatory care addition.ÐThe standpoint. It will prevent the Veter- that it is certainly a disservice to our ambulatory care addition will be added to the ans’ Administration from moving to Nation’s veterans, and it is tanta- main hospital building. Ambulatory surgery fa- more cost-effective and efficient oper- mount, as I said earlier, to having the cilities and an outpatient pharmacy will be in- ations. This means higher costs for check come back marked ‘‘Insufficient cluded along with clinic space. The addition current services and fewer resources Funds.’’ will allow the VA medical center to provide pri- for meeting future needs. Ms. BROWN of Florida. Mr. Speaker, mary and preventive care in an ambulatory The VA health care system must ei- does the gentleman think there is a lot setting, as well as correct severe space and ther move forward or it will inevitably of waste as far as the dollars we spend functional deficiencies and add much needed face decline, and that will be tanta- on veterans? ambulatory care space. mount to breaking our promise. Mr. BISHOP. No, no, they are cost-ef- The fiscal year 1995 appropriation is Mr. Speaker, veterans are already fective dollars, very cost-effective. $17,812,000. The current ambulatory care fa- shouldering their share of the burden Ms. BROWN of Florida. Mr. Speaker, cility was constructed in 1966. Present ambu- of budget cuts in recent years, and I thank the gentleman. latory care is 35 percent space deficient and then some. The Budget Reconciliation Mr. BISHOP. Mr. Speaker, I thank handles over 133,000 visits a year. Services Acts of 1990 and 1993 alone have cut VA the gentlewoman for yielding. are spread over several floors making it con- benefits and services by nearly $7 bil- Ms. BROWN of Florida. Mr. Speaker, fusing and physically difficult for many handi- lion. Additional cuts can be expected in I now yield to my friend, the distin- capped patients. the VA budget that Congress will con- guished leader of the Black Caucus and March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3109 the leader in the Appropriations Com- necessary medical equipment exceed- In hearings last week before the VA, mittee, the gentleman from Ohio, Mr. ing three-quarters of a billion dollars. HUD, Independent Agencies Appropria- LOUIS STOKES. The rescissions bill passed by the Ap- tions Subcommittee on the fiscal year Mr. STOKES. Mr. Speaker, I want to propriations Committee would increase 1996 budget, the Secretary of Veterans thank my colleague, the distinguished that unmet need by at least $50 mil- Affairs, Jesse Brown, gave moving tes- gentlewoman from Florida, Ms. lion. timony about the proposed rescissions CORRINE BROWN, for reserving this hour I would ask my colleagues how we and the impact on our veterans. He to discuss a very important issue, cuts can even consider such reductions told us that these rescissions would in programs which serve our Nation’s when information we hear daily tells prevent the Veterans’ Administration veterans. I feel very strongly about the us of new and emerging medical condi- from providing quality care for our vet- tions being experienced by veterans? issue and I am pleased to participate in erans. He told us that he was shocked At a time when veterans medical cen- this special order. at this unprecedented departure from For a number of years, I have been ters and medical teams are recognizing providing care for our veterans. privileged to serve on the House Appro- and attempting to address these prob- I think it is important that everyone priations Subcommittee which funds lems, these cuts come from previously understand and know that quality the Veterans’ Administration and its appropriated funds which were to be health care for our veterans has always programs. I am currently the ranking used to purchase such types of equip- Democrat on that subcommittee. As it ment as CAT scanners, x rays, EKG been a top priority in previous Con- relates to veterans issues, this impor- machines, and other vital items. Pri- gresses. These rescissions, supported by tant panel oversees the $37 billion vate hospitals have access to this our Republican colleagues, are an un- budget to provide medical care, com- equipment, and can replace and im- precedented departure from this long- pensation and pension payments, edu- prove their inventory; so should the standing tradition of supporting this cational training and vocational assist- medical centers caring for our veter- Nation’s veterans. ance, and housing assistance for our ans. Furthermore, these actions come at a Nation’s veterans. Mr. Speaker, even more shocking is time when the Secretary himself ac- As a member of this subcommittee the $156 million reduction in construc- knowledges the unacceptable condi- and as a veteran, I have been proud of tion projects. These funds are targeted tions of many of the Nation’s VA hos- our legislative efforts to provide and for ambulatory care facilities. This pitals. In fact, the Veterans’ Adminis- care for those brave men and women represents a crucial aspect of the VA’s tration currently has an unmet need of who have risked their lives in service medical care agenda at a time when necessary medical equipment exceed- to this country. It is for this reason our aging World War II veterans are re- ing three-quarters of a billion dollars. and in their defense that I rise today. quiring more medical assistance. Not The rescissions bill passed by the Ap- This Nation has been fortunate to only are they older, but these veterans propriations Committee would increase have been defended by many men who require more long-term care. Clearly, that unmet need by at least $50 mil- gave the last full measure of devotion this is not the time to cut back on am- lion. for this country; namely their lives. bulatory care facilities—especially in I would ask my colleagues, how can States such as Florida which has the Others were wounded, crippled, and dis- we even consider such reductions when fastest growing and aging veterans abled, all in the name of service to information we hear daily tells us of population. their country. Many who served are new and emerging medical conditions now in the twilight of their lives. This Our Republican counterparts argue that these rescissions are necessary to being experienced by veterans at a is why the recent vote by the full Ap- time when veterans medical centers propriations Committee to drastically offset the costs of the California earth- quake and other natural disasters. I and medical teams are recognizing and cut $206 million in funding for pro- attempting to address these problems? grams that serve our Nation’s veterans would respond that these cuts will cre- ate an even greater disaster for thou- These cuts come from previously ap- is unacceptable and unconscionable. sands of veterans. I would argue fur- propriated funds which were to be used That these cuts come from funds ear- ther that if these actions are intended to purchase such types of equipment as marked for medical equipment and am- to offset the cost of future tax cuts— CAT scanners, x rays, EKG machines, bulatory care facilities is an even including capital gains for middle-class and other vital items. Private hospitals greater disservice to this Nation’s vet- families and affluent investors—it is have access to this equipment and can erans. unconscionable. I cannot support legis- replace and improve their inventory. In hearings last week before the VA/ lation which views tax cuts for the So should the medical centers caring HUD and Independent Agencies Appro- wealthy to be a higher priority than for our veterans. priations Subcommittee on the fiscal needed veterans medical equipment Mr. Speaker, even more shocking is year 1996 budget, the Secretary of Vet- and facilities. the $156 million reduction in construc- erans Affairs, Jesse Brown, gave mov- We must stand up for our Nation’s tion projects. These funds are targeted ing testimony about the proposed re- veterans. These brave men and women for ambulatory care facilities. This scissions and the impact on our veter- have dutifully served this country. We ans. He told us that these rescissions represents a crucial aspect of the VA’s owe them the same full measure of de- medical care agenda at a time when would prevent the Veterans’ Adminis- votion they gave in protecting this Na- tration from providing quality care for our aging World War II veterans are re- tion with their lives. I want to thank quiring more medical assistance. Not our veterans. He told us that he was my distinguished colleague from Flor- shocked at this unprecedented depar- only are they older but these veterans ida for the opportunity to address this now require more long-term care. ture from providing care for veterans. important issue, and commend her for I think it important that everyone Clearly this is not the time to cut the fight she is waging to restore funds back on ambulatory care facilities, es- understand and know that quality to these veterans projects. health care for our veterans has always pecially in States such as Florida, been a top priority in previous Con- b 1530 which has the fastest growing and gresses. These rescissions supported by Many who served are now in the twi- aging veterans population. our Republican colleagues are an un- light of their lives. This is why the re- Our Republican counterparts argue precedented departure from this long- cent vote by the full Appropriations that these rescissions are necessary to standing tradition of supporting this Committee to drastically cut $206 mil- offset the cost of the California earth- Nation’s veterans. lion in funding for programs that serve quake and other natural disasters. I Furthermore, these actions come at a our Nation’s veterans is unacceptable would respond that these cuts will cre- time when the Secretary himself ac- and unconscionable. But these cuts ate an even greater disaster for thou- knowledges the unacceptable condi- come from funds earmarked for medi- sands of veterans. tions of many of the Nation’s VA hos- cal equipment and ambulatory care fa- I would argue further that if these pitals. In fact, the Veterans’ Adminis- cilities which is an even greater dis- actions are intended to offset the cost tration currently has an unmet need of service to this Nation’s veterans. of future tax cuts, including capital H 3110 CONGRESSIONAL RECORD — HOUSE March 14, 1995 gains for middle-class families and in- from HUD alone were about $7.3 billion. Ms. BROWN of Florida. Does this in- fluential investors, it is unconscion- Programs were hit, such as operating clude the school lunch program? able. subsidies, the preservation funds, mod- Mr. STOKES. The school lunch pro- I cannot support legislation which ernization funds, the assisted housing gram is not in our rescissions. That is views tax cuts for the wealthy to be a account. Then the lead-based paint pro- in some other legislation that will be higher priority than needed veterans gram, which enables us to be able to coming to the floor and it will not be medical equipment and facilities. We try and repair some of the damage done in the $17.3 billion rescission bill. must stand up for this Nation’s veter- to the Nation’s youth, particularly in Ms. BROWN of Florida. Can you ex- ans. These brave men and women have our inner cities where these young plain to us the difference between a dutifully served this country. We owe children are subjected to paint and, as block grant and a program—you know, them the same full measure of devo- a result of it, suffer and are impaired we have had block grants before. In tion they gave in protecting this Na- with brain damage, which is often irre- fact, I think when we had it, President tion with their lives. versible. Along with it, the Community Ronald Reagan stopped it because the I want to thank my distinguished Development Block Grant Program money was not going where it was in- colleague for Florida for the oppor- also sustained a large hit in terms of tended. tunity to address this important issue the cuts, and of course that affects al- Can you tell us a little bit about it? and I commend her for the fight she is most every local and urban community Because I am very supportive of the waging to restore funds for these veter- around the Nation. present school lunch program that ans’ projects. So these are some of the major cuts started in 1946 under President Tru- Ms. BROWN of Florida. You served that came out, and of course also to- man, and the reason why this program on the Committee on Appropriations. morrow I am hoping to have an amend- was started was because it was in the Can you give us a little insight as to ment on the floor when the bill comes national interest of this country to the process, whether or not—how this up that would restore about $2 billion take care of our young people and they decision to attack the veterans came of the cuts from VA and also from couldn’t pass the physical. So that is about? I know I serve on the authoriz- these housing programs. why we invested in our young people. ing committee and we were not noti- Ms. BROWN of Florida. What about Mr. STOKES. The gentlelady is cer- fied. I spoke with the administration. weatherization? That program, who tainly correct. One of the problems in They were not contacted, nor was the terms of block granting many of these benefits from that program and was Secretary. types of programs is the fact that each that program also targeted for cuts? Is this politics the old-time way, State has different regulations and Mr. STOKES. I do not believe that back room, pizza, discovery and deci- standards with reference to these pro- the weatherization program was part of sions made in closed doors? grams. that program. Mr. STOKES. I would be pleased to Many of them adopt a different type Ms. BROWN of Florida. What about try to respond to the gentlewoman’s of program and in the absence of Fed- jobs, the summer jobs program? question. I could say to the gentle- eral standards, Federal guidelines, and Mr. STOKES. Summer jobs program woman that this particular sub- Federal guidance to those programs, is in the rescission cuts, comes out of committee took a greater hit than any you will find a diminution of many of the Labor, Health, Human Services, other subcommittee on the Appropria- the programs in many of the States tions Committee. The total in rescis- and Education Subcommittee on Ap- and you will find varied and different sions was about $17.3 billion. Of that propriations. All the summer jobs were types of programs and not those which amount, the VA, HUD, and Independent cut. This is going to put an enormous have been directed under the Federal Agencies Subcommittee contributed amount of young people on our streets, aegis. about $9.3 billion. That is about 54 per- particularly at a time when we are al- Ms. BROWN of Florida. I have been cent of the total amount of those cuts. ready encountering a great deal of un- in this House for 2 years, which is not And of course veterans took a hit of employment in our inner cities and a lot of time, but I spent 10 years in the about $206 million, which was substan- where, within the next 2 months, the Florida House of Representatives. We tial in terms of this. mayors of these cities must get ready passed a lot of bills out of this House, There was no scientific way of arriv- to provide these jobs for these young but I have never seen the process so ing at these figures. These were the fig- people during the summer months, and broken down. As a Member that has ures brought in in terms of the Chair- that is one of the programs that is just served in the House, I have always been man’s mark, and of course the sub- totally unconscionable to see that the proud of the work, the deliberation of committee approved that mark. There youth of this Nation who depended the House. Now I thank God for the is nothing logical, nothing by way of upon summer jobs will not be provided Senate. formula. These were just figures that them this summer if these rescissions Can you tell us or share your experi- were reached up and arrived at. prevail here in the House. ence with us about the process and how Ms. BROWN of Florida. Not based on Ms. BROWN of Florida. Can you ex- it has been working over these past any need factor or—— plain for us—some of us, who are not how many days? It is not 100. We Mr. STOKES. None that I am aware familiar with the process, tell us a lit- passed one bill to my knowledge. of and I participated fully in that tle about the rescission? Because it is Mr. STOKES. I think certainly for markup and at which time I opposed my understanding we are talking about those of us who consider ourselves as these cuts to our veterans programs. projects that have gone through the legislators and those of us who take Ms. BROWN of Florida. Can you House of Representatives hearings, pride in sponsoring legislation and briefly just tell us about some of the gone through the Senate, passed, the being able to create programs that help other cuts? One in particular, in the President has signed it into law, so we people, not only our own constituency, area of housing, I have a series of town are talking about breaking out of a but people throughout the Nation, and meetings, probably more than anyone contract that we have already signed many of us have taken great pride in else in Congress, and the two areas in many cases? the fact that over the years we were that always come up, one is crime and Mr. STOKES. These are from appro- able to not only craft those programs two, housing, affordable housing. There priated funds. They were in the fiscal but able to put the proper amount of is a lot of concern as far as senior citi- year 1995 bill and they were funds that funding into those kinds of programs zens. Can you discuss housing and some were already appropriated and signed and we have seen people benefit from of the other cuts briefly? into law, and of course this is a Con- it. Mr. STOKES. I would be pleased to gress coming back again rescinding ac- We have seen those who fall in the respond to the gentlewoman that the tion that it had previously taken in the category of being low-income people, Department of HUD, Housing and last Congress where both the House and the poor, the disadvantaged, minori- Urban Development, took about 42 per- the Senate had passed on this legisla- ties, those who are dependent upon cent of the total rescission cuts out of tion, had sent it to the President for government, be able to survive in our that $17.3 billion cut. The actual cuts his signature. society at a time when they needed March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3111 help in order to be able to move on to Mr. VOLKMER. Mr. Speaker, that than on the mainland. Mr. Speaker, ap- the next stage of their lives, and to was a contract that the Congress, back proximately 35 percent of veterans in now see what is happening in terms of when these veterans were coming Puerto Rico and the U.S. Virgin Is- the kind of cuts that are coming. home, had with our veterans that pre- lands use the VA facilities, compared You earlier mentioned cuts in the served the freedoms that we have. To to the 12 percent national average. Let food stamps, nutrition programs, the me, that contract is just as important, me explain why. WIC, which is the Women, Infants, and if not more important, than the Con- Because Puerto Rico and the Virgin Children Program, to see cuts now tract With America. Islands are Territories, they do not coming in programs such as summer Mr. Speaker, I think it is really im- share or do not participate in the Med- jobs and Healthy Start, which is for portant. I just returned from Haiti. I icaid Program. What does that mean? mothers and little children, and when talked to the commander down there. That means that the poor veterans, the you see the type of rescissions that are He talked about the fact that we need veterans that do not have health insur- in this bill that is coming out to the to take care of our men and the mis- ance, the veterans that cannot afford floor tomorrow, as one who is inter- sions will take care of themselves. We to pay a doctor or pay the hospital, ested in people and trying to provide are talking about people who have when they go to a private hospital they for the people in this country, you committed themselves, have served cannot afford it, so they have to go to could just deem it totally unconscion- this country, and now we are just toss- the public hospital or the Veterans’ able that we are doing this to people at ing them out. They are not important. Administration facilities. a time in this country when all Amer- I thank the gentlewoman for yielding The public hospitals in Puerto Rico ican are entitled to be represented by to me. and the Virgin Islands are not up to par those who serve in this body in a way Mr. ROMERO-BARCELO´ . Mr. Speak- with the private hospitals and the pri- where they show some degree of com- er, last week the House Committee on vate facilities, so the veterans would be passion and understanding of our peo- Appropriations voted to cut six Veter- getting a second class type of health ple’s lives. ans’ Administration ambulatory treatment, so they insist on going to Ms. BROWN of Florida. The last projects totaling $156 million, and $50 the Veterans’ Administration. That is question I must ask you, can you tell million in medical equipment pur- logical and that is to be expected. That me who was left out of these cuts? chases, which already face an $800 mil- is where they can get the best treat- Mr. STOKES. Well, I can tell you lion backlog. ment. this, that the defense bill was totally One of these projects happens to be This is why here in the Nation, in the off the board. No cuts came in the de- the San Juan Veterans’ Administration 50 States where they have a Medicaid fense program. Not a single item was Medical Center outpatient clinic addi- Program, the poor veterans do not need cut from defense. That was just un- tion, a project designed to address a 15- to go necessarily to the VA hospitals. touchable. And so I can tell you that, year problem of severe overcrowding of They can go to private hospitals, to a and the other thing I think everybody the facility. The area currently used private clinic, to a private doctor, and needs to understand is that the Presi- for ambulatory care in the San Juan Medicaid will pay for it, but in Puerto dent’s request in terms of disaster re- VA Medical Center provides only 40 Rico there is no Medicaid Program, so lief was in the amount of $6.7 billion. percent of the space required, accord- their only choice is the Veterans’ Ad- ing to VA standards, and that is cut- ministration facilities. This is why it is b 1545 ting it short. even more imperative that these facili- The subcommittee on which I serve Therefore, temporary measures, such ties be expanded. actually cut it down to $5.3 billion. The as converting storage space and cor- After a 15-year struggle by the Puer- difference between $5.3 and the $17.3 ridors into clinical and office space, to Rican veterans and the Virgin Is- billion, which is substantial, some- have been the mode of addressing these lands veterans, Congress has finally ap- where in the neighborhood of $11 bil- chronic space deficiencies for many propriated the necessary funding, $34.8 lion, we have to ask ourselves, what years. Currently, some outpatient clin- million, to finalize construction of the are these cuts for, since the total ics and medical examinations are being vitally needed outpatient clinics of the amount of the rescission package is performed in the hallways and nursing San Juan VA Medical Center last year. $5.3 billion. So the difference between stations of the facility, and exit cor- The project had been authorized and $4 $5.3 and $17.3 then is what the Repub- ridors have been converted into addi- million had been appropriated for its licans call a savings. Of course, the tional waiting areas, potentially com- design a year earlier. savings we all know obviously is going promising the health and safety of both Puerto Rico’s 145,000 veterans, par- to go for the tax cut for the rich, so the patients and visitors. ticularly the sick and the disabled, Republicans, as usual, are robbing from The Secretary of Veterans’ Affairs celebrated this long-awaited achieve- the poor to give to the rich. came down to Puerto Rico. We insisted ment. Only now, when they were cele- Mr. Speaker, I thank the gentleman he come down and see it for himself. He brating the achievement, waiting for so much for his insight, his informa- did not believe the conditions that he the contract to be signed, for the con- tion, and for coming and taking the saw there in the outpatient clinics. struction to start, all of a sudden the time to share with the American peo- The ambulatory care addition would House Committee on Appropriations ple what has been going on in the 104th allow the medical center to relocate all decided to take away all of the funds a Congress. outpatient functions into a one-story few months later. Mr. STOKES. I thank the gentle- addition adjacent to the existing main However, the fact that strikes me the woman. hospital. This will correct all our pa- most is that these proposed cuts will be Ms. BROWN of Florida. Mr. Speaker, tient safety, accreditation, functional particularly devastating to the VA I yield to the gentleman from Puerto and space deficiencies, and adapt space Medical system, because the targeted Rico [Mr. ROMERO-BARCELO´ ]. for handicapped accessibility and for facilities are all ambulatory care fa- As he is coming up, I would like to women veterans. cilities. The rescissions come at a time share with the House this picture. It A parking garage is also scheduled to when the VA is involved in the effort of says ‘‘Uncle Sam wants you.’’ It is a be constructed to replace the parking shifting from hospital inpatient care to commitment that we made to our vet- lot, due to the siting of the ambulatory outpatient and noninstitutional care erans: If you will support us, if you will care addition. Land at home is very settings, which is in keeping with the go and fight for us, we will be there for scarce and very expensive. This is why new general trend in providing medical you. a new parking building is being built care throughout the Nation. I yield to the gentleman from Puerto instead of buying additional land. The Veterans’ Administration has Rico. Further, San Juan is the only VA been called by Congress over and over Mr. VOLKMER. Mr. Speaker, will the Medical Center for the entire veteran again to stop investing so much money gentlewoman yield? population within Puerto Rico and the in hospitals and to invest more money Ms. BROWN of Florida. I yield to the U.S. Virgin Islands. Demand for care in outpatient clinics. Now, the Veter- gentleman from Missouri. has consistently been much higher ans’ Administration has responded to H 3112 CONGRESSIONAL RECORD — HOUSE March 14, 1995 the Congress, it is beginning to invest Mr. VOLKMER. This money that rooms. People were in the hall. It is in outpatient clinics, and all of a sud- they are taking from these outpatient just one mess. den Congress takes the money away. clinics, yours, mine, those of the gen- Mr. ROMERO-BARCELO´ . That is cor- The money spent on outpatient facili- tlewoman from Florida [Ms. BROWN] rect. Not only that, but when the vet- ties to prevent a veteran from going and others, is going to go for tax cuts, erans ask for an appointment, because into the hospital is a savings for the and 75 percent of that money goes to of the crowding of the facilities, in- Federal Government. It is a savings for the wealthy? stead of getting the appointment with- the Nation. Mr. ROMERO-BARCELO´ . The gen- in a week, they will get the appoint- If you do not take care of the patient tleman is right. They quote the theory ment sometimes 3 months, 4 months, 5 while he can still walk, is still ambula- that the less taxes the wealthy pay, the months later. Maybe before they get to tory, can live at home, then what hap- more money there will be, but yet, the appointment their condition gets pens is eventually then he has to go they have to make cuts to meet those so much worse that they have to be into the hospital, and the medical and tax cuts. They have to cut another hospitalized, even before they got to hospital care is much, much more ex- project. the appointment. pensive, so instead of saving money we Mr. VOLKMER. I want to give an- Ms. BROWN of Florida. That costs are actually spending more money. other problem with what I call the more money, Mr. Speaker. In the words of the chairman of the generational gap, Mr. Speaker. If you I would ask the gentleman from Committee on Veterans’ Affairs, the review and look at the age of the Mem- Puerto Rico, what does he think about gentleman from Arizona, BOB STUMP, I bers of the majority party, many of this reverse Robin Hood, robbing from will quote from his February 28 letter them are too young to have served, ba- the poor to give to the rich? to the chairman of the Committee on sically, in the armed services in time Mr. ROMERO-BARCELO´ . That is Appropriations, the gentleman from of war with Uncle Sam’s Army, our what I call it. I have used that phrase Louisiana, BOB LIVINGSTON: Army, our Marines, our Air Force. quite a bit, because Puerto Rico is like The particular projects selected for rescis- As a result, I think this generational an Apartheid society. We are U.S. citi- sion by the subcommittee are, unfortu- nately, the type of projects that the Veter- gap has led to the point where they, zens, 3,700,000 U.S. citizens, and we are ans Affairs Committee has been encouraging perhaps, do not realize the importance not treated the same, either economi- the VA to pursue. It is my strong belief, of what those people that fought in cally or politically. We are still strug- shared by veterans and their service organi- those wars did for us in preserving our gling for our equality, at the end of the zations, that giving greater priority to am- freedoms. 20th century. bulatory care projects is clearly the right ap- I am afraid that you may see another Definitely, this is also part of that proach to improve service to veterans. part of what I call the generational gap Apartheid mentality, treating people Mr. STUMP went on to conclude: ‘‘In that is going to occur. I understand differently, and also taking away from striking contrast to the needs the VA there may be an amendment to restore the poor to keep the rich. faces, these cuts move the VA in the these funds when we get into the bill In Puerto Rico we have a program wrong direction.’’ by someone from the majority side, but where they have a tax-exemption for The Department of Veterans’ Affairs I have been told that the money is the large corporations. Because those has consistently ranked the six tar- going to come from further rescissions large corporations are tax-exempt, the geted ambulatory projects as one of its in the Americorps Program. Federal Government tells us there is highest priorities. They are an integral In other words, it will do away com- no money to give to the U.S. citizens in part of the department’s effort to move pletely with Americorps, which is a Puerto Rico, the same way U.S. citi- away from costly inpatient care and program for our youth, in order to help zens are treated in the 50 States of the provide more accessible, cost-effective the veterans. Mr. Speaker, I do not Union. and efficient outpatient care. think that is necessary. Ms. BROWN of Florida. Mr. Speaker, However, by proposing the rescission I have an amendment that I will be I yield to the gentleman from Missouri of these six projects, the Republicans [Mr. VOLKMER]. are sending a very clear message: The offering, if I am given the opportunity, Mr. VOLKMER. Mr. Speaker, I thank health of our Nation’s veterans is not a that does not perform that the gentlewoman from Florida for priority to this Congress. generational function and pit one gen- yielding to me. However, we owe a great debt to our eration against another, but it does re- Mr. Speaker, I, too, would like to veterans. A reduction in hard-earned store the money by taking it out of bring the attention of the House to medical services to deserving veterans funds under NAFTA for Mexico to do is not the way to pay for a tax cut for wastewater treatment, and also from what I call the mean-spirited, hard- the wealthy. Cutting high-priority vet- NASA, from some of their operational hearted manner in which the Commit- erans’ projects is plain wrong. programs, so it does not perform that tee on Appropriations and the sub- I urge my colleagues from both sides generational problem that I see that committee has refused to restore the of the aisle, but particularly the Re- the majority of amendments are going funds that were authorized and appro- publicans, to set their priorities to do. priated to start outpatient clinics at straight and support the restoring of Mr. ROMERO-BARCELO´ . There are six outpatient facilities, at six veter- the vital funding when this ill-con- some of the programs in NASA, some ans’ hospitals throughout this United ceived rescissions package is brought of the projects, that have not even been States. to the floor next week. authorized. I think those are very rea- One of those is in my district. That Mr. VOLKMER. Will the gentle- sonable projects to take it away from. hospital is named on behalf of the woman yield, Mr. Speaker? Ms. BROWN of Florida. Could the greatest President, in my opinion, that Ms. BROWN of Florida. I yield to the gentleman tell me how long this has ever served this country. It is the gentleman from Missouri. project has been on the list, how long Harry S. Truman Veterans’ Hospital in Mr. VOLKMER. Would the gentleman it has been authorized and been going Columbia, MO. also, as the gentlewoman from Florida, through the process? I know for 2 years b consider this a breach of the contract we have discussed it. 1600 that Congress has with our veterans, Mr. ROMERO-BARCELO´ . Our project That hospital was built in 1972 in especially our World War II veterans? was authorized in 1993. We got the order to take care of veterans’ medical Mr. ROMERO-BARCELO´ . I definitely funding for the planning and got the problems for not only the central and do, Mr. Speaker. I don’t know if we can plans to get the construction project rural part of Missouri, since we also really call this a Contract With Amer- going. Then the authorization came have hospitals in St. Louis and else- ica. It looks more like a contract for last year. where, but also for acute care for heart the wealthy of America, and it is being Ms. BROWN of Florida. I remember transplants, et cetera, throughout the performed on the backs of the poor, the in the testimony before our committee, Midwest. children and the elderly and the veter- you discussed the fact that there were It may be of interest to the Members ans. no facilities for women, no waiting to know that the number of veterans, March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3113 especially World War II veterans, have ready there, veterans, waiting, because words, but the gist of it basically was, gotten along in years. They have aged we have a lot of veterans within that ‘‘HAROLD, we have got a bigger prob- like the rest of us. They are no longer distance a lot closer. So you sit and lem. We need to do something about the 18-, the 19-, the 20-year-old that wait, and sometimes, folks, they sit our veterans hospitals. We need to do fought in the beaches of Omaha and in and wait almost all day just to see a away with the veterans hospitals. We the plains of North Africa and in the is- doctor or a nurse to maybe find out ex- need to put the veterans on a voucher lands of the Pacific to preserve the actly what they need to have, and then plan.’’ freedoms of this country. to maybe get a prescription. Those are the words that I got, and At the time that they were fighting, Is that right, to tell your veterans— the understanding I got from the gen- when they came home, there was this then they have to get in the car and tleman from Louisiana, the chairman commitment that we are going to take drive back home—all day just to go of the Committee on Appropriations, care of your medical needs, because through an outpatient clinic? That is from my conversation with him. many of them continued at that time what we are presently requiring of vet- I wonder how many veterans groups and to the present time to need that erans that served in a world war. out there know that that is the way medical care. I wonder how many people would like that the majority feels? That the ma- When the Harry S. Truman Hos- to serve this country in the future? I jority feels that we should close all of pital—and, by the way, we have to re- wonder how many of our young people our veterans hospitals, we should not member it was through the work of would be willing to go serve when they provide care for our veterans. All we do Harry Truman, then President, that told them, ‘‘We are not going to take is give them a voucher and tell them, terminated the Second World War, care of you if you get shot up or if you You go find the medical care wherever through his actions and what he did, lose an arm, or if you get a little dis- you can. That is the way that this is not only of our fighting men but he as ability or a large disability, we are not going with our majority. President. So I think it is very appro- going to take care of you; you take I think they have lost sight of what priate that the hospital be in his name, care of yourself.’’ I don’t think we will again this Congress said to our veter- and he of course is a veteran of World have too many that would like to ans when they were preserving the War I and a recognized outstanding serve, anyway, and I think that would freedoms that we all cherish and that veteran of that war. not help us any at all. we all now enjoy. When that hospital was constructed I know that we have an obligation, I feel that everybody in this House in 1972, it was anticipated at that time not only a moral obligation but an ob- should recognize, and you among the that there would be a need for 12,000 ligation as a country. If we are to have general public should recognize, that patients a year. It may be of interest the respect of the rest of the world, we we are having an onslaught against our to Members to know that in the year should take care of our veterans, and veterans here in this Congress right 1992, there were 82,000 patients that we are not doing it with this rescission now. And as one of those who feels that went through that hospital, most of bill. In fact, you are giving a slap in it is a wrong thing to do, I want the them outpatients. But they do not the face. You are actually telling your Members of this House to know that I have the facilities, do not have the veterans, ‘‘You just go do your own am going to do everything I can to room to handle that many outpatients, thing, we are not going to do anything make sure, along with the gentleman and it has continued at that rate since more for you.’’ that is here in the well and the gentle- that time. As a result of that, I have an amend- woman from Florida, to make sure this It was suggested, and the Veterans ment that if I am permitted by the money is replaced, and I know from my Administration agreed, that we really Committee on Rules, by the chairman own knowledge that when it gets to the should have an outpatient clinic to of the committee when we get in the Senate, they are going to keep it in take care of outpatients and use the Committee of the Whole, I am going to there. I know my senior Senator, KIP hospital for the inpatients. Working offer to restore those funds, and I am BOND, is going to keep it in there be- with Senator KIP BOND of Missouri, our sure that when that amendment is of- cause he is one of those who believes senior Senator, we were able to per- fered that the majority of the Members strongly that we should provide for our suade the Veterans Administration and here will recognize the responsibility. veterans. this Congress, along with others, that When it comes down to the question, I know that all we have to do is win this is the way to handle these pa- the question really is, should this this battle here and we have won the tients, these veterans, through an out- money—we are not saving any money battle. In the first place, though, it patient clinic, so they did not have to by doing this. There is no savings, should have never been necessary. wait. folks. I think everybody should recog- They should not even have thought of How long do some of my veterans nize, we are not putting this money on doing this. from my district have to wait? First the deficit. We are not telling our vet- For that reason, I say this was one of let’s say you are from Bowling Green erans, ‘‘Make a little sacrifice so it can the most mean-spirited, hard-hearted and you served in the Second World reduce the deficit and help this country things that the Members of Congress War and whether it was in the Pacific out.’’ do, to actually give a slap in the face or European theater makes no dif- No, we are saying, ‘‘Veterans, we to a person who was willing to give his ference, or let’s say it was in Korea, want to take this 100 and some million life for this country, in battle, and yet whether it was at Seoul or wherever in dollars and we want to give it away to to slap him in the face and say, You go Korea, or whether it was in Vietnam, people for tax cuts, especially for those about your way, we don’t care whether and let’s say you live in Bowling who have over $125,000-a-year income. you get medical care or not. Green, MO. Well, Bowling Green is We want to help those people, because Ms. BROWN of Florida. If the gen- about a 75-mile trip and so you get in they, I guess, according to the major- tleman will yield, before we close, can your car and if you are not capable of ity, they are the ones that really need the gentleman repeat his exact words? driving, you get a neighbor and they the help.’’ The way I read this, the ma- Mr. VOLKMER. I don’t know if I can drive you over to Columbia, and it jority is saying the veterans don’t need say the exact words, but to me it is takes you about an hour and 20 min- any help. strictly a slap in the face to veterans. utes, maybe an hour-and-a-half to get I am just anxiously waiting for the And these are the people, as depicted in there. debate on this bill, because back when these pictures and elsewhere, that with So you start out, because you want I was talking to the chairman of the bullets flying around them were willing to be there early because you know Committee on Appropriations about to give their life, and some of them there is going to be a whole line of peo- this, the gentleman from Louisiana, gave their limbs, some of them gave ple there. So you start out about 6:30 or about this problem, he also made a their ability to even function so that 7 o’clock in the morning and you drive statement to me that makes me really we could stand here and speak today. to the hospital, and you get to the out- concerned about where this majority is Yet the majority is saying, ‘‘Too bad. patient clinic. Lo and behold, you al- going as far as our veterans are con- We don’t care about you. We are going ready have maybe 100 or 150 people al- cerned. I do no remember the exact to give you a good slap in the face and H 3114 CONGRESSIONAL RECORD — HOUSE March 14, 1995 tell you, you go take care of yourself.’’ administration. It was just a group of Ms. BROWN of Florida. I want to They are telling my veterans that were good old boys from the bad old days thank my colleagues very much for willing to sacrifice their life for the getting together against the veterans. coming and sharing with the American good of this country, willing to do Would the gentleman agree? people the plight we are in here fight- that, they are telling them it is all Mr. CLYBURN. Absolutely. I think ing for our veterans and for other right for them to have to spend 8, 10, 12 that most of our friends who have been groups that are not here in the House, hours a day just to see a doctor, and looking at the Congress operate thus represented here and given an oppor- that the majority says they do not de- far have been surprised to wake up in tunity to vote. serve good medical care. the morning and all of a sudden see Mr. MONTGOMERY. Mr. Speaker, as the I say the opposite. I say that our vet- headlines indicating that such and ranking member of the Committee on Veter- erans, that is a priority. They need to such is about to happen. ans Affairs, I rise to urge all my colleagues to have the medical care that not only we b 1615 support an amendment to the rescission bill should give them but that we promised reported last Thursday by the Appropriations We have always tended to take these them. Committee. The amendment is modest in kinds of decisions through a process of Ms. BROWN of Florida. I thank the scope but vital to VA health care. It would re- hearings; people would come before the gentleman from Missouri. store the $206 million for veterans programs committee to talk about the pros and I yield to the gentleman from South which the Committee on Appropriations pro- the cons of all of these kinds of ac- Carolina [Mr. CLYBURN]. poses to rescind. tions. But that is not what is happen- Mr. CLYBURN. I thank the gentle- These rescissions don't make good sense. ing here, not in this instance and in woman from Florida for allowing me to These funds were appropriated by Congress participate in this special order. I am other instances as well. There are just two or three people, or whatever num- only a few months ago, primarily to help meet pleased to serve with the gentlewoman ber, who have gotten together and de- a critical need to improve veterans' access to on the Committee on Veterans’ Affairs, cided what they need to do in order to outpatient care. The six VA projects which the and I know of the gentlewoman’s great make it work. committee now proposes to cancel would commitment to the veterans of our Na- As our friend from Missouri said ear- serve areas where more than 1.2 million veter- tion. And also to join with our friend lier, if this were being done in order to ans reside. from Missouri who too has displayed do something about the deficit, I am The budget for construction of veterans time and time again his concern for convinced that the veterans in my con- medical facilities has been pretty lean for the our veterans. gressional district and the veterans all past 5 or 6 years. As a result, the VA says it Mr. Speaker, I join the gentlewoman across America would be lining up to now has almost 60 projects to improve out- from Florida in her opposition to our do their fair share, because they too patient services waiting to be funded. The VA Republican colleagues’ plans to rescind want to see us take this deficit down could award construction contracts on these funding for veterans programs. Our Re- even further. But that is not what is six projects in the next several months. We publican colleagues have already dis- being done here. We are going through shouldn't put these projects off 1 day. played their callousness by proposing a process of deciding how much money These are projects that can make VA health legislation that would harm our Na- can be moved to put over in a big pot care delivery more cost-effective. This rescis- tion’s youth. Now they are going after that the friends and supporters of our sion bill would slam the door on veterans our Nation’s veterans, the men and Republican colleagues can dip into in across this country. In some parts of the coun- women who have committed their lives order to see a tax break for themselves. try, the VA doesn't have health facilities that to the defense of our country. So that is what is happening here as meet veterans needs. In other places, the clin- This so-called Contract With Amer- a result of that. I hope that the Amer- ics are just too small. At one clinic, space is ica has quickly revealed itself as a con- ican people will wake up and get in so tight that doctors are forced to perform eye tract on Americans. The people who touch with their Congress people before examinations in the hallways. Veterans de- seem to be in the line of fire are the we do our veterans what I consider to serve better than this. young and the helpless. be irreparable harm. An increasing number of veterans are Is this how we want to honor our vet- Ms. BROWN of Florida. So we have women; over 1.2 million. Many VA outpatient erans, by rescinding $206.1 million in here today coming up this afternoon clinics still lack privacy for women veterans. In fiscal year 1995 VA appropriations? Is and tomorrow reverse Robin Hood, rob- the face of such conditions, the rescission bill this how we are going to care for our bing from the poor to give to the rich. is a giant step backward. aging veterans, by rescinding money Mr. CLYBURN. That is exactly what Likewise, cutting funds for replacement intended to fund 6 ambulatory health we have got and I think it is being kind equipmentÐas proposed by the rescission care projects totaling $156 million, and to call it that. measureÐforces VA to choose between ob- $50 million in medical equipment pur- Ms. BROWN of Florida. I would also taining a needed service at increased cost chases? add that the Contract With America through contracting or continuing to use ineffi- Mr. Speaker, these facilities are not has turned out to be a contract on cient or even obsolete equipment. The VA's Government frills. This medical equip- America. medical equipment backlog is more than $800 ment, these are not Government frills. Mr. CLYBURN. I think it is on Amer- million. We must assure that VA care is care They all represent an alternative to icans. of high quality. Cutting back on VA funds to costly inpatient care by providing Ms. BROWN of Florida. On Ameri- replace old equipment is putting out veterans more accessible, cost-effective and effi- cans. And this poster is a real example. at risk. cient outpatient care. If you look at it this is a baby, and of I want to commend all of the Members who Mr. Speaker, when this rescission bill course it does not vote. This is one of are working hard to restore these fundsÐthe comes to the floor, I am going to join the targets of the Republican group. gentlewomen from Florida, Ms. BROWN and the gentleman from Missouri and the And who is the target now that they Mrs. THURMAN, the gentlewoman from Con- gentlewoman from Florida in opposing have added the veterans and elderly? necticut, Ms. DELAURO, Mr. VOLKMER, Mr. the bill and I will urge all my col- Everybody needs to take a close look SCOTT, Mr. ROMERO-BARCELOÂ and the other leagues to vote against what has got to because I think their pink slip is in the Members who are gathered here tonight. They be one of the most ill-conceived pieces mail, too. If they are not careful they are all doing a good job looking out for our of legislation to be proposed by the Re- are next on the Republicans’ hit list. Nation's veterans. publican-controlled Congress thus far. Mr. CLYBURN. I agree with the gen- Ms. BROWN of Florida. If the gen- tlewoman, and I think it is time for me f tleman will yield, I just want to ask to yield back so she may close this spe- the gentleman one quick question. cial order. I thank the gentlewoman so RECESS In my opinion, this is old politics, be- much for allowing me to be a part of The SPEAKER pro tempore. Pursu- cause the committee did not discuss at this special order. ant to clause 12 of rule I, the Chair de- all with the authorizers, did not talk The CHAIRMAN. The time of the clares the House in recess until 5 p.m. with the Secretary, did not talk to the gentlewoman from Florida has expired. today. March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3115 Accordingly (at 4 o’clock and 18 min- Canady Hamilton Mica Stokes Traficant Weldon (PA) Cardin Hancock Miller (CA) Studds Tucker Weller utes p.m.), the House stood in recess Castle Hansen Miller (FL) Stump Upton White until 5 p.m. Chabot Harman Mineta Stupak Velazquez Whitfield f Chambliss Hastert Minge Talent Vento Wicker Chapman Hastings (FL) Mink Tanner Visclosky Williams b 1700 Chenoweth Hastings (WA) Moakley Tate Volkmer Wilson Chrysler Hayes Molinari Tauzin Vucanovich Wise AFTER RECESS Clay Hayworth Mollohan Taylor (NC) Waldholtz Woolsey Clayton Hefley Montgomery Tejeda Walker Wyden The recess having expired, the House Clement Hefner Moorhead Thomas Walsh Wynn was called to order by the Speaker pro Clinger Heineman Moran Thompson Wamp Yates Clyburn Herger Morella Thornberry Ward Young (AK) tempore [Mr. SHAYS] at 5 p.m. Coleman Hilleary Murtha Thornton Waters Young (FL) f Collins (GA) Hilliard Myers Torkildsen Watt (NC) Zeliff Collins (IL) Hinchey Myrick Torres Watts (OK) Zimmer THE JOURNAL Combest Hobson Nadler Torricelli Waxman Condit Hoekstra Neal Towns Weldon (FL) The SPEAKER pro tempore (Mr. Conyers Hoke Nethercutt NAYS—15 SHAYS). Pursuant to clause 5 of rule I, Costello Holden Neumann Cox Horn Ney Brownback Ganske Sensenbrenner the pending business is the question of Coyne Hostettler Norwood Christensen Johnson, Sam Stearns the Speaker’s approval of the Journal. Cramer Houghton Nussle Coble Manzullo Stockman The Journal was approved. Crapo Hoyer Oberstar Cooley Roemer Taylor (MS) Cremeans Hutchinson Obey Crane Scarborough Tiahrt f Cunningham Hyde Olver Danner Inglis Ortiz NOT VOTING—19 ANNOUNCEMENT BY THE SPEAKER Davis Istook Orton Becerra Farr Rogers PRO TEMPORE Deal Jackson-Lee Owens Bliley Fields (LA) Schiff DeFazio Jacobs Oxley Coburn Gallegly Smith (MI) The SPEAKER pro tempore. Debate DeLauro Jefferson Packard Collins (MI) Hall (OH) Thurman has been concluded on all motions to DeLay Johnson (CT) Pallone Cubin Hunter Wolf suspend the rules. Dellums Johnson (SD) Parker de la Garza Lantos Deutsch Johnson, E. B. Pastor Dooley Mfume Pursuant to clause 5, rule I, the Chair Diaz-Balart Johnston Paxon will now put the question on each mo- Dickey Jones Payne (NJ) b 1724 Dicks Kanjorski Payne (VA) tion to suspend the rules on which fur- Messrs. BROWNBACK, COOLEY, ther proceedings were postponed ear- Dingell Kaptur Pelosi Dixon Kasich Peterson (FL) SENSENBRENNER, TIAHRT, lier today in the order in which those Doggett Kelly Peterson (MN) CHRISTENSEN, COBLE, and STOCK- Doolittle Kennedy (MA) Petri motions were entertained. Votes will MAN changed their vote from ‘‘yea’’ to be taken in the following order: H.R. Dornan Kennedy (RI) Pickett Doyle Kennelly Pombo ‘‘nay.’’ 531, as amended; H.R. 694, as amended; Dreier Kildee Pomeroy Mr. THOMPSON changed his vote H.R. 562, as amended; H.R. 536, as Duncan Kim Porter Dunn King Portman from ‘‘nay’’ to ‘‘yea.’’ amended; and H.R. 517, all by the yeas So (two-thirds having voted in favor and nays. Durbin Kingston Poshard Edwards Kleczka Pryce thereof) the rules were suspended and The Chair alerts Members of the Ehlers Klink Quillen the bill, as amended, was passed. Ehrlich Klug Quinn House that the Chair will reduce to 5 The result of the vote was announced minutes the time for any electronic Emerson Knollenberg Radanovich Engel Kolbe Rahall as above recorded. vote after the first such vote in this se- English LaFalce Ramstad A motion to reconsider was laid on ries. Ensign LaHood Rangel Eshoo Largent Reed the table. f Evans Latham Regula f Everett LaTourette Reynolds DESIGNATING THE GREAT WEST- Ewing Laughlin Richardson MINOR BOUNDARY ADJUSTMENTS ERN SCENIC TRAIL AS A STUDY Fattah Lazio Riggs AND MISCELLANEOUS PARK TRAIL Fawell Leach Rivers Fazio Levin Roberts AMENDMENTS ACT OF 1995 The SPEAKER pro tempore. The Fields (TX) Lewis (CA) Rohrabacher The SPEAKER pro tempore (Mr. pending business is the question of sus- Filner Lewis (GA) Ros-Lehtinen SHAYS). The pending business is the pending the rules and passing the bill, Flake Lewis (KY) Rose Flanagan Lightfoot Roth question of suspending the rules and H.R. 531. Foglietta Lincoln Roukema passing the bill H.R. 694, as amended. The Clerk read the title of the bill. Foley Linder Roybal-Allard The Clerk read the title of the bill. The SPEAKER pro tempore. The Forbes Lipinski Royce Ford Livingston Rush The SPEAKER pro tempore. The question is on the motion offered by Fowler LoBiondo Sabo question is on the motion offered by the gentleman from Utah [Mr. HANSEN] Fox Lofgren Salmon the gentleman from Utah [Mr. HANSEN] that the House suspend the rules and Frank (MA) Longley Sanders that the House suspend the rules and pass the bill, H.R. 531, as amended, on Franks (CT) Lowey Sanford Franks (NJ) Lucas Sawyer pass the bill, H.R. 694, as amended, on which the yeas and nays are ordered. Frelinghuysen Luther Saxton which the yeas and nays are ordered. The vote was taken by electronic de- Frisa Maloney Schaefer Pursuant to the provisions of clause 5 vice, and there were—yeas 400, nays 15, Frost Manton Schroeder Funderburk Markey Schumer of rule I, the Chair announces that he not voting 19, as follows: Furse Martinez Scott will reduce to a minimum of 5 minutes [Roll No. 230] Gejdenson Martini Seastrand Gekas Mascara Serrano the period within which a vote by elec- YEAS—400 Gephardt Matsui Shadegg tronic device may be taken on each ad- Abercrombie Barton Borski Geren McCarthy Shaw ditional motion to suspend the rules on Ackerman Bass Boucher Gibbons McCollum Shays which the Chair has postponed further Allard Bateman Brewster Gilchrest McCrery Shuster Andrews Beilenson Browder Gillmor McDade Sisisky proceedings. Archer Bentsen Brown (CA) Gilman McDermott Skaggs The vote was taken by electronic de- Armey Bereuter Brown (FL) Gonzalez McHale Skeen vice, and there were—yeas 337, nays 83, Bachus Berman Brown (OH) Goodlatte McHugh Skelton Baesler Bevill Bryant (TN) Goodling McInnis Slaughter not voting 14, as follows: Baker (CA) Bilbray Bryant (TX) Gordon McIntosh Smith (NJ) [Roll No. 231] Baker (LA) Bilirakis Bunn Goss McKeon Smith (TX) Baldacci Bishop Bunning Graham McKinney Smith (WA) YEAS—337 Ballenger Blute Burr Green McNulty Solomon Abercrombie Baesler Barr Barcia Boehlert Burton Greenwood Meehan Souder Ackerman Baker (CA) Bartlett Barr Boehner Buyer Gunderson Meek Spence Allard Baker (LA) Bass Barrett (NE) Bonilla Callahan Gutierrez Menendez Spratt Andrews Baldacci Bateman Barrett (WI) Bonior Calvert Gutknecht Metcalf Stark Armey Ballenger Beilenson Bartlett Bono Camp Hall (TX) Meyers Stenholm Bachus Barcia Bentsen H 3116 CONGRESSIONAL RECORD — HOUSE March 14, 1995 Bereuter Gillmor Mink Ward Wicker Wynn Beilenson Franks (NJ) McDade Berman Gilman Moakley Waters Williams Yates Bentsen Frelinghuysen McDermott Bevill Gonzalez Molinari Watt (NC) Wilson Young (AK) Bereuter Frisa McHale Bilbray Gordon Mollohan Waxman Wise Young (FL) Berman Frost McInnis Bilirakis Goss Moorhead Weldon (PA) Wolf Zeliff Bevill Funderburk McIntosh Bishop Green Moran Weller Woolsey Bilbray Furse McKeon Blute Greenwood Morella White Wyden Bilirakis Gejdenson McKinney Boehlert Gunderson Murtha Bishop Gephardt McNulty Boehner Gutierrez Myers NAYS—83 Blute Geren Meehan Bonilla Hamilton Myrick Archer Gutknecht Poshard Boehlert Gibbons Meek Bonior Hansen Nadler Barrett (NE) Hall (TX) Ramstad Boehner Gilchrest Menendez Bono Harman Neal Barrett (WI) Hancock Rohrabacher Bonilla Gillmor Metcalf Borski Hastings (FL) Nethercutt Barton Hastert Roth Bonior Gilman Meyers Boucher Hastings (WA) Neumann Brownback Heineman Royce Bono Gonzalez Mfume Brewster Hayes Oberstar Bryant (TN) Hilleary Sanford Borski Goodlatte Mica Browder Hayworth Obey Burton Hostettler Scarborough Boucher Goodling Miller (CA) Brown (CA) Hefley Olver Callahan Inglis Schaefer Brewster Gordon Miller (FL) Brown (FL) Hefner Ortiz Camp Johnson, Sam Sensenbrenner Browder Goss Mineta Brown (OH) Herger Orton Chambliss Jones Sisisky Brown (CA) Green Minge Bryant (TX) Hilliard Owens Christensen Kingston Solomon Brown (FL) Greenwood Mink Bunn Hinchey Oxley Coble Klug Souder Brown (OH) Gunderson Moakley Bunning Hobson Packard Collins (GA) LaHood Stearns Bryant (TN) Gutierrez Mollohan Burr Hoekstra Pallone Combest Laughlin Stockman Bryant (TX) Gutknecht Montgomery Buyer Hoke Pastor Cooley Lewis (KY) Stump Bunn Hamilton Moorhead Calvert Holden Payne (NJ) Crane Longley Tate Bunning Hansen Moran Canady Horn Payne (VA) Dreier Manzullo Taylor (MS) Buyer Harman Morella Cardin Houghton Pelosi Duncan McHugh Taylor (NC) Callahan Hastings (FL) Murtha Castle Hoyer Peterson (FL) Everett Metcalf Thornberry Calvert Hastings (WA) Myers Chabot Hunter Pombo Ewing Montgomery Tiahrt Camp Hayes Myrick Chapman Hutchinson Pomeroy Foley Ney Upton Canady Hayworth Nadler Neal Chenoweth Hyde Porter Funderburk Norwood Walker Cardin Hefley Nethercutt Chrysler Istook Portman Ganske Nussle Wamp Castle Hefner Neumann Clay Jackson-Lee Pryce Gekas Parker Watts (OK) Chabot Herger Ney Clayton Jacobs Quillen Geren Paxon Weldon (FL) Chambliss Hilleary Norwood Clement Jefferson Quinn Goodlatte Peterson (MN) Whitfield Chapman Hilliard Oberstar Clinger Johnson (CT) Radanovich Goodling Petri Zimmer Chenoweth Hinchey Obey Clyburn Johnson (SD) Rahall Graham Pickett Chrysler Hobson Coleman Johnson, E. B. Rangel Olver Clay Hoke Collins (IL) Johnston Reed NOT VOTING—14 Ortiz Clayton Holden Condit Kanjorski Regula Orton Becerra de la Garza Lantos Clement Horn Conyers Kaptur Reynolds Owens Bliley Dooley Rogers Clinger Hostettler Costello Kasich Richardson Oxley Coburn Farr Smith (MI) Clyburn Houghton Cox Kelly Riggs Packard Collins (MI) Gallegly Thurman Coleman Hoyer Coyne Kennedy (MA) Rivers Pallone Cubin Hall (OH) Collins (IL) Hutchinson Cramer Kennedy (RI) Roberts Pastor Combest Hyde Crapo Kennelly Roemer b Paxon 1736 Condit Istook Cremeans Kildee Ros-Lehtinen Payne (NJ) Conyers Jackson-Lee Cunningham Kim Rose Messrs. DUNCAN, LONGLEY, Payne (VA) Danner King Roukema Costello Jacobs Pelosi INGLIS of South Carolina, KLUG, Cox Jefferson Davis Kleczka Roybal-Allard EWING, BRYANT of Tennessee, Peterson (FL) Deal Klink Rush Coyne Johnson (CT) Peterson (MN) DeFazio Knollenberg Sabo HILLEARY, TAYLOR of North Caro- Cramer Johnson (SD) Pickett DeLauro Kolbe Salmon lina, WHITFIELD, NEY, and TATE Crapo Johnson, E.B. Pombo Cremeans Johnston DeLay LaFalce Sanders changed their vote from ‘‘yea’’ to Pomeroy Dellums Largent Sawyer Cunningham Jones Porter Deutsch Latham Saxton ‘‘nay.’’ Danner Kanjorski Portman Diaz-Balart LaTourette Schiff So (two-thirds having voted in favor Davis Kaptur Poshard Dickey Lazio Schroeder thereof) the rules were suspended and de la Garza Kasich Pryce Deal Kelly Dicks Leach Schumer the bill, as amended, was passed. Quillen Dingell Levin Scott DeFazio Kennedy (MA) Quinn Dixon Lewis (CA) Seastrand The result of the vote was announced DeLauro Kennedy (RI) Radanovich Doggett Lewis (GA) Serrano as above recorded. DeLay Kennelly Rahall Doolittle Lightfoot Shadegg A motion to reconsider was laid on Dellums Kildee Rangel Dornan Lincoln Shaw Deutsch Kim Reed Doyle Linder Shays the table. Diaz-Balart King Regula Dunn Lipinski Shuster f Dickey Kingston Richardson Durbin Livingston Skaggs Dicks Kleczka Riggs Edwards LoBiondo Skeen WALNUT CANYON NATIONAL Dingell Klink Rivers Ehlers Lofgren Skelton Dixon Knollenberg Roberts Ehrlich Lowey Slaughter MONUMENT BOUNDARY MODI- Doggett Kolbe Roemer Emerson Lucas Smith (NJ) FICATION ACT OF 1995 Doolittle LaFalce Rogers Engel Luther Smith (TX) Doyle Latham Ros-Lehtinen English Maloney Smith (WA) The SPEAKER pro tempore (Mr. Dreier LaTourette Rose Ensign Manton Spence SHAYS). The pending business is the Duncan Laughlin Roukema Eshoo Markey Spratt question of suspending the rules and Dunn Lazio Roybal-Allard Evans Martinez Stark Durbin Leach Rush Fattah Martini Stenholm passing the bill, H.R. 562, as amended. Edwards Levin Sabo Fawell Mascara Stokes The Clerk read the title of the bill. Ehlers Lewis (CA) Salmon Fazio Matsui Studds The SPEAKER pro tempore. The Ehrlich Lewis (GA) Sanders Fields (LA) McCarthy Stupak question is on the motion offered by Emerson Lightfoot Sawyer Fields (TX) McCollum Talent Engel Lincoln Saxton Filner McCrery Tanner the gentleman from Utah [Mr. HANSEN] English Linder Schiff Flake McDade Tauzin that the House suspend the rules and Ensign Lipinski Schroeder Flanagan McDermott Tejeda pass the bill, H.R. 562, as amended, on Eshoo Livingston Schumer Foglietta McHale Thomas Evans LoBiondo Scott Forbes McInnis Thompson which the yeas and nays are ordered. Fattah Lofgren Seastrand Ford McIntosh Thornton This will be a 5-minute vote. Fawell Longley Serrano Fowler McKeon Torkildsen The vote was taken by electronic de- Fazio Lowey Shadegg Fox McKinney Torres vice, and there were—yeas 371, nays 49, Fields (LA) Lucas Shaw Frank (MA) McNulty Torricelli Fields (TX) Luther Shays Franks (CT) Meehan Towns not voting 14, as follows: Filner Maloney Shuster Franks (NJ) Meek Traficant [Roll No. 232] Flake Manton Sisisky Frelinghuysen Menendez Tucker Flanagan Markey Skaggs Frisa Meyers Velazquez YEAS—371 Foglietta Martinez Skeen Frost Mfume Vento Abercrombie Bachus Barr Forbes Martini Skelton Furse Mica Visclosky Ackerman Baesler Barrett (NE) Ford Mascara Slaughter Gejdenson Miller (CA) Volkmer Allard Baker (CA) Barrett (WI) Fowler Matsui Smith (MI) Gephardt Miller (FL) Vucanovich Andrews Baker (LA) Barton Fox McCarthy Smith (NJ) Gibbons Mineta Waldholtz Archer Baldacci Bass Frank (MA) McCollum Smith (TX) Gilchrest Minge Walsh Armey Barcia Bateman Franks (CT) McCrery March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3117 Smith (WA) Torkildsen Weldon (FL) Barcia Fields (LA) Lewis (GA) Ros-Lehtinen Smith (TX) Vento Souder Torres Weldon (PA) Barr Fields (TX) Lightfoot Rose Smith (WA) Visclosky Spence Torricelli Weller Barrett (NE) Filner Lincoln Roth Solomon Volkmer Spratt Towns White Barrett (WI) Flake Linder Roybal-Allard Souder Vucanovich Stark Traficant Whitfield Bartlett Flanagan Lipinski Royce Spence Waldholtz Stenholm Tucker Wicker Barton Foglietta Livingston Rush Spratt Walker Stokes Upton Williams Bass Foley LoBiondo Sabo Stark Walsh Studds Velazquez Wilson Bateman Forbes Lofgren Salmon Stenholm Wamp Stump Vento Wise Beilenson Ford Longley Sanders Stokes Ward Stupak Visclosky Wolf Bentsen Fowler Lowey Sanford Studds Waters Talent Volkmer Woolsey Bereuter Fox Lucas Sawyer Stupak Watt (NC) Tate Waldholtz Wyden Berman Frank (MA) Luther Saxton Talent Watts (OK) Tauzin Walsh Wynn Bevill Franks (CT) Maloney Schaefer Tanner Waxman Taylor (NC) Wamp Yates Bilbray Franks (NJ) Manton Schiff Tate Weldon (FL) Tejeda Ward Young (AK) Bilirakis Frelinghuysen Manzullo Schroeder Tauzin Weldon (PA) Thomas Waters Young (FL) Bishop Frisa Markey Schumer Taylor (MS) Weller Thompson Watt (NC) Zeliff Blute Frost Martinez Scott Taylor (NC) White Thornberry Watts (OK) Zimmer Boehlert Funderburk Martini Seastrand Tejeda Whitfield Thornton Waxman Boehner Furse Mascara Sensenbrenner Thomas Wicker Serrano Thompson Williams NAYS—49 Bonilla Ganske Matsui Bonior Gejdenson McCarthy Shadegg Thornberry Wilson Ballenger Hall (TX) Ramstad Bono Gekas McCollum Shaw Thornton Wise Bartlett Hancock Rohrabacher Borski Gephardt McCrery Shays Tiahrt Wolf Brownback Hastert Roth Boucher Geren McDade Shuster Torkildsen Woolsey Burr Heineman Royce Brewster Gibbons McDermott Sisisky Torres Wyden Burton Hoekstra Sanford Browder Gilchrest McHale Skaggs Torricelli Wynn Christensen Hunter Scarborough Brown (CA) Gillmor McHugh Skeen Towns Yates Coble Inglis Schaefer Brown (FL) Gilman McInnis Skelton Traficant Young (AK) Collins (GA) Johnson, Sam Sensenbrenner Brown (OH) Gonzalez McIntosh Slaughter Tucker Young (FL) Cooley Klug Solomon Brownback Goodlatte McKeon Smith (MI) Upton Zeliff Crane LaHood Stearns Bryant (TN) Goodling McKinney Smith (NJ) Velazquez Dornan Largent Stockman Bryant (TX) Gordon McNulty NAYS—22 Everett Lewis (KY) Tanner Bunn Goss Meehan Ewing Manzullo Taylor (MS) Bunning Graham Meek Callahan Hancock Roukema Foley McHugh Tiahrt Burr Green Menendez Christensen Hunter Scarborough Ganske Nussle Walker Burton Greenwood Metcalf Coble Johnson, Sam Stearns Gekas Parker Buyer Gunderson Meyers Collins (GA) Largent Stockman Graham Petri Calvert Gutierrez Mfume Cooley Lewis (KY) Stump Everett Myrick Zimmer NOT VOTING—14 Camp Gutknecht Mica Canady Hamilton Miller (CA) Ewing Pastor Becerra Dooley Molinari Cardin Hansen Miller (FL) Hall (TX) Pickett Bliley Farr Reynolds Castle Harman Mineta NOT VOTING—11 Coburn Gallegly Thurman Chabot Hastert Minge Collins (MI) Hall (OH) Vucanovich Chambliss Hastings (FL) Mink Becerra Cubin Hall (OH) Cubin Lantos Chapman Hastings (WA) Moakley Bliley Dooley Lantos Coburn Farr Thurman b Chenoweth Hayes Molinari 1744 Chrysler Hayworth Mollohan Collins (MI) Gallegly Clay Hefley Montgomery Mr. LIVINGSTON changed his vote b 1756 from ‘‘nay’’ to ‘‘yea.’’ Clayton Hefner Moorhead Clement Heineman Moran So (two-thirds having voted in favor Mr. GRAHAM changed his vote from Clinger Herger Morella ‘‘yea’’ to ‘‘nay.’’ Clyburn Hilleary Murtha thereof) the rules were suspended and So (two-thirds having voted in favor Coleman Hilliard Myers the bill, as amended, was passed. Collins (IL) Hinchey Nadler thereof) the rules were suspended and The result of the vote was announced Combest Hobson Neal as above recorded. the bill, as amended, was passed. Condit Hoekstra Nethercutt The result of the vote was announced Conyers Hoke Neumann The title of the bill was amended so as above recorded. Costello Holden Ney as to read: ‘‘A bill to prohibit the use Cox Horn Norwood of Highway 209 within the Delaware A motion to reconsider was laid on Coyne Hostettler Nussle the table. Cramer Houghton Oberstar Gap National Recreation Area by cer- Crane Hoyer Obey tain commercial vehicles, and for other f Crapo Hutchinson Olver purposes.’’ Cremeans Hyde Ortiz A motion to reconsider was laid on b 1745 Cunningham Inglis Orton Danner Istook Owens the table. COMMERCIAL VEHICLES IN THE Davis Jackson-Lee Oxley f DELAWARE WATER GAP NA- de la Garza Jacobs Packard TIONAL RECREATION AREA Deal Jefferson Pallone DeFazio Johnson (CT) Parker CHACOAN OUTLIERS PROTECTION The SPEAKER pro tempore (Mr. DeLauro Johnson (SD) Paxon ACT OF 1995 SHAYS). The pending business is the DeLay Johnson, E.B. Payne (NJ) Dellums Johnston Payne (VA) The SPEAKER pro tempore. The question of suspending the rules and Deutsch Jones Pelosi pending business is the question of sus- passing the bill, H.R. 536, as amended. Diaz-Balart Kanjorski Peterson (FL) pending the rules and passing the bill, The Clerk read the title of the bill. Dickey Kaptur Peterson (MN) H.R. 517. Dicks Kasich Petri The SPEAKER pro tempore. The Dingell Kelly Pombo The Clerk read the title of the bill. question is on the motion offered by Dixon Kennedy (MA) Pomeroy The SPEAKER pro tempore. The the gentleman from Utah [Mr. HANSEN] Doggett Kennedy (RI) Porter question is on the motion offered by that the House suspend the rules and Doolittle Kennelly Portman Dornan Kildee Poshard the gentlemen from Utah [Mr. HANSEN] pass the bill, H.R. 536, as amended, on Doyle Kim Pryce that the House suspend the rules and which the yeas and nays are ordered. Dreier King Quillen pass the bill, H.R. 517, on which the This is, hopefully, a 5-minute vote. Duncan Kingston Quinn yeas and nays are ordered. Dunn Kleczka Radanovich Members are advised there is one more Durbin Klink Rahall This is a 5-minute vote. vote to follow this vote. Edwards Klug Ramstad The vote was taken by electronic de- The vote was taken by electronic de- Ehlers Knollenberg Rangel vice, and there were—yeas 409, nays 7, vice, and there were—yeas 401, nays 22, Ehrlich Kolbe Reed Emerson LaFalce Regula not voting 18, as follows: not voting 11, as follows: Engel LaHood Reynolds [Roll No. 234] [Roll No. 233] English Latham Richardson Ensign LaTourette Riggs YEAS—409 YEAS—401 Eshoo Laughlin Rivers Abercrombie Armey Baldacci Abercrombie Archer Baker (CA) Evans Lazio Roberts Ackerman Bachus Ballenger Ackerman Armey Baker (LA) Fattah Leach Roemer Allard Baesler Barcia Allard Bachus Baldacci Fawell Levin Rogers Andrews Baker (CA) Barr Andrews Baesler Ballenger Fazio Lewis (CA) Rohrabacher Archer Baker (LA) Barrett (NE) H 3118 CONGRESSIONAL RECORD — HOUSE March 14, 1995 Barrett (WI) Fields (TX) Lewis (GA) Rose Smith (WA) Vento Committee on the Judiciary; Commit- Bartlett Filner Lewis (KY) Roth Solomon Visclosky Barton Flanagan Lightfoot Roukema Souder Volkmer tee on National Security, and Commit- Bass Foglietta Lincoln Roybal-Allard Spence Vucanovich tee on Resources. Bateman Foley Linder Royce Spratt Waldholtz Mr. Speaker, it is my understanding Beilenson Forbes Lipinski Rush Stark Walker that the minority has been consulted, Bentsen Ford Livingston Sabo Stearns Walsh and that there is no objection to these Bereuter Fowler LoBiondo Salmon Stenholm Wamp Berman Fox Lofgren Sanders Stockman Ward requests. Bevill Frank (MA) Longley Sanford Stokes Watt (NC) The SPEAKER pro tempore (Mr. Bilbray Franks (CT) Lowey Sawyer Studds Watts (OK) SHAYS). Is there objection to the re- Bilirakis Franks (NJ) Lucas Saxton Stupak Waxman quest of the gentleman from Penn- Bishop Frelinghuysen Luther Schaefer Talent Weldon (FL) sylvania? Blute Frisa Manton Schiff Tanner Weldon (PA) Boehlert Frost Manzullo Schroeder Tate Weller Mr. WATT of North Carolina. Mr. Boehner Funderburk Markey Schumer Tauzin White Speaker, Reserving the right to object, Bonilla Furse Martinez Scott Taylor (MS) Whitfield I am advised by the leadership that Bonior Ganske Martini Seastrand Taylor (NC) Wicker they have approved these committees Bono Gejdenson Mascara Sensenbrenner Tejeda Williams meeting during legislative business, Borski Gekas Matsui Serrano Thomas Wilson and so I withdraw my reservation of Boucher Gephardt McCarthy Shadegg Thompson Wise Brewster Geren McCollum Shaw Thornberry Wolf the right to object. Browder Gibbons McCrery Shays Thornton Woolsey The SPEAKER pro tempore. Is there Brown (CA) Gilchrest McDade Shuster Tiahrt Wyden objection to the request of the gen- Brown (FL) Gillmor McHale Sisisky Torkildsen Wynn tleman from Pennsylvania? Brown (OH) Gilman McHugh Skaggs Torres Yates Brownback Gonzalez McInnis Skeen Torricelli Young (AK) Mr. HOYER. Mr. Speaker, reserving Bryant (TN) Goodlatte McIntosh Skelton Towns Young (FL) the right to object, it is my under- Bryant (TX) Goodling McKeon Slaughter Traficant Zeliff standing that this includes the Govern- Bunn Gordon McKinney Smith (MI) Tucker Zimmer ment Reform Committee? Bunning Goss McNulty Smith (NJ) Upton Mr. GOODLING. If the gentleman Burr Graham Meehan Smith (TX) Velazquez will yield, it is the Committee on Gov- Burton Green Meek Buyer Greenwood Menendez NAYS—7 ernment Reform and Oversight. Callahan Gunderson Metcalf Coble Ewing Stump Mr. HOYER. Reserving the right to Calvert Gutierrez Meyers Cooley Hutchinson object, Mr. Speaker, let me make a Camp Gutknecht Mfume Dickey Scarborough comment. Canady Hall (TX) Mica Cardin Hamilton Miller (CA) NOT VOTING—18 I understand what the leadership has Castle Hansen Miller (FL) Becerra Farr Maloney done. But I want to say that there is no Chabot Harman Mineta Bliley Flake McDermott doubt in my mind that were the roles Chambliss Hastert Minge Coburn Gallegly Neal reversed there would be an objection. Chapman Hastings (FL) Mink Collins (MI) Hall (OH) Rangel What the Government Reform Com- Chenoweth Hastings (WA) Moakley Cubin Hancock Thurman mittee, and my good friend, the gen- Christensen Hayes Molinari Dooley Lantos Waters Chrysler Hayworth Mollohan tleman from Florida [Mr. MICA], and Clay Hefley Montgomery b 1804 the gentleman from Pennsylvania [Mr. Clayton Hefner Moorhead CLINGER] intend to do is, having had a Mr. HASTERT changed his vote from Clement Heineman Moran hearing last Monday, 8 days ago, they Clinger Herger Morella ‘‘nay’’ to ‘‘yea.’’ intend to propose effectively increasing Clyburn Hilleary Murtha So (two-thirds having voted in favor the taxes on 30,000 to 40,000 Federal em- Coleman Hilliard Myers thereof) the rules were suspended and 1 Collins (GA) Hinchey Myrick ployees by 12 percent by taking 2 ⁄2 Collins (IL) Hobson Nadler the bill was passed. points off the pretax income of Federal Combest Hoekstra Nethercutt The result of the vote was announced employees as an additional contribu- Condit Hoke Neumann as above recorded. tion on their pension system. Now, Conyers Holden Ney A motion to reconsider was laid on that is with 8 days’ notice and hearing. Costello Horn Norwood Cox Hostettler Nussle the table. Now, I hope the committee tomorrow does not take that action. I hope they Coyne Houghton Oberstar f Cramer Hoyer Obey give both Federal employees and the Crane Hunter Olver PERSONAL EXPLANATION public an opportunity to look at that. Crapo Hyde Ortiz But the reason I reserve my right to Cremeans Inglis Orton Miss COLLINS of Michigan. Mr. Speaker, object is I worked very hard with the Cunningham Istook Owens due to an illness requiring hospitalization, I Danner Jackson-Lee Oxley Bush administration and OMB under Davis Jacobs Packard was unavoidably detained in Detroit today President Bush for the purposes of try- de la Garza Jefferson Pallone while the House was in session. Had I been ing to come up with an equitable sys- Deal Johnson (CT) Parker present, I would have voted ``aye'' on passage tem. The Hudson Institute, a conserv- DeFazio Johnson (SD) Pastor of H.R. 531, ``aye'' on passage of H.R. 694, ative think-tank out of the Midwest, in DeLauro Johnson, E. B. Paxon 1987 gave to the Bush administration DeLay Johnson, Sam Payne (NJ) ``aye'' on passage of H.R. 562, ``aye'' on pas- Dellums Johnston Payne (VA) sage of H.R. 536, and ``aye'' on passage of and to this Congress a recommendation that we not touch the pension plan, not Deutsch Jones Pelosi H.R. 517. Diaz-Balart Kanjorski Peterson (FL) touch the pension plan until such time Dicks Kaptur Peterson (MN) f as we had fully effected a locality-pay Dingell Kasich Petri REQUEST FOR PERMISSION FOR adjustment. The Bush administration Dixon Kelly Pickett signed legislation in 1990 to effect that Doggett Kennedy (MA) Pombo SUNDRY COMMITTEES AND over a 9-year period. Doolittle Kennedy (RI) Pomeroy THEIR SUBCOMMITTEES TO SIT Dornan Kennelly Porter We have done 1 year of that. Not- Doyle Kildee Portman TOMORROW DURING THE 5- withstanding that, we are asked for a Dreier Kim Poshard MINUTE RULE unanimous-consent request so the com- Duncan King Pryce Dunn Kingston Quillen Mr. GOODLING. Mr. Speaker, I ask mittee tomorrow, after having a hear- Durbin Kleczka Quinn unanimous consent that the following ing last Monday on this issue, move Edwards Klink Radanovich committees and their subcommittees ahead to make a drastic change in Fed- Ehlers Klug Rahall be permitted to sit tomorrow while the eral employee’s pensions. Ehrlich Knollenberg Ramstad Emerson Kolbe Reed House is meeting in the Committee of Now, very frankly, they are going to Engel LaFalce Regula the Whole House under the 5-minute include congressional pensions. If we English LaHood Reynolds rule: Committee on Banking and Fi- cannot protect ourselves, that is tough, Ensign Largent Richardson Eshoo Latham Riggs nancial Services; Committee on Com- in my opinion. I do not care about Evans LaTourette Rivers merce; Committee on Economic and that, I tell you, Mr. Speaker. The fact Everett Laughlin Roberts Educational Opportunities; Committee is we ought not be doing this with this Fattah Lazio Roemer on Government Reform and Oversight; short notice to Federal employees and, Fawell Leach Rogers Fazio Levin Rohrabacher Committee on House Oversight; Com- in effect, giving them a 12-percent, 10- Fields (LA) Lewis (CA) Ros-Lehtinen mittee on International Relations; percent to 12-percent, tax increase. March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3119 I reserve my right to object to make cation Act relating to Indian edu- Mr. GOODLING. If your leadership that point. Now, apparently the leader- cation. comes to us, I suppose we can give you ship on this side has agreed not to ob- The intent of the House and Senate some assurance. ject, and, therefore, Mr. Speaker, I am conferees was to require that a school Mr. HOYER. I take it that is a no. not going to object, but I vigorously would be eligible for an Indian Edu- Mr. GOODLING. I am not in a posi- object to the actions that are being cation Act formula grant if it had 20 el- tion to respond to the gentleman’s re- proposed to be taken tomorrow, and I igible students or 25 percent of its stu- quest. will oppose those tomorrow. I will op- dent population eligible for the pro- Mr. HOYER. Mr. Speaker, I withdraw pose them on the floor, and I will op- gram. The provision was inadvertently my reservation of objection. pose them anywhere I can confront drafted to replace the word ‘‘or’’ with The SPEAKER pro tempore (Mr. them. I hope to be joined by some of ‘‘and’’. SHAYS). Is there objection to the re- my friends on that side of the aisle. The Department of Education is cur- quest of the gentleman from Penn- Mr. MORAN. Mr. Speaker, will the rently drafting regulations to imple- sylvania? gentleman yield? ment the new provisions of the Indian There was no objection. Mr. HOYER. Further reserving the Education Act. Unless this technical The Clerk read the Senate bill, as fol- right to object, I yield to the gen- amendment is enacted by Congress, the lows: tleman from Virginia. existing language will result in dis- S. 377 Mr. MORAN. Mr. Speaker, I thank qualification of many schools serving Be it enacted by the Senate and House of Rep- my friend from Maryland. I know that American Indians and Alaska Natives, resentatives of the United States of America in he recalls that when action of this and I urge my colleagues to pass S. 377. Congress assembled, magnitude was taken in 1986, it was the Mr. CLAY. Mr. Speaker, further re- SECTION 1. TECHNICAL AMENDMENT. result of 2 years of bipartisan effort to serving the right to object, I rise in Section 9112(a)(1)(A) of the Elementary and study the Federal retirement system, support of the unanimous-consent re- Secondary Education Act of 1965 (as added by and they came up with a plan that quest and in support of this technical section 101 of the Improving America’s fixed the Federal retirement system correction. Schools Act of 1994 (Public Law 103–382)) is and, in fact, we are now taking in $62.2 Mr. Speaker, I withdraw my reserva- amended by striking ‘‘and’’ and inserting ‘‘or’’. billion a year and paying out $36 bil- tion of objection. lion. Mr. HOYER. Mr. Speaker, reserving The Senate bill was ordered to be What is being attempted tomorrow is the right to object, I object to being read a third time, was read the third not an attempt to fix the retirement summarily sat down by the with- time, and passed, and a motion to re- system. It is an attempt to accumulate drawal. There are all sorts of things consider was laid on the table. $12 billion in cuts in order to finance a you can object to, I say to my good GENERAL LEAVE tax cut for other Members on the backs friend, the chairman of the committee, Mr. GOODLING. Mr. Speaker, I ask of Federal employees who, in effect, and he is my good friend. unanimous consent that all Members would have to pay an increase, 12-per- I ask, under my reservation, does the may have 5 legislative days within cent increase, in their tax. gentleman intend to renew, and I which to revise and extend their re- Mr. GOODLING. Mr. Speaker, I with- would ask for a notice and the comity marks on S. 377, the Senate bill just draw my request. if you are going to renew the motion; passed. The SPEAKER pro tempore. The gen- you are not going to renew it because I The SPEAKER pro tempore. Is there tleman from Pennsylvania [Mr. GOOD- happen to walk off the floor. We are objection to the request of the gen- LING] withdraws his request. not going to play that way, ladies and tleman from Pennsylvania? f gentlemen. There was no objection. Mr. GOODLING. If the gentleman f TECHNICAL AMENDMENT TO THE will yield, that is not my responsibility ELEMENTARY AND SECONDARY to bring that to the floor nor is it my SENSE OF CONGRESS REGARDING EDUCATION ACT OF 1965 RELAT- responsibility to remove it, nor is it FEDERAL DISASTER RELIEF ING TO INDIAN EDUCATION my responsibility to bring it back Mr. EMERSON. Mr. Speaker, I ask Mr. GOODLING. Mr. Speaker, I ask again. unanimous consent to take from the unanimous consent to take from the Mr. HOYER. Further reserving the Speaker’s table the concurrent resolu- Speaker’s table the Senate bill (S. 377) right to object, I say to my good friend, tion (H. Con. Res. 39) expressing the to amend a provision of part A of title he notices I was not looking at him at sense of the Congress regarding Federal IX of the Elementary and Secondary the time I said that. disaster relief, and ask for its imme- Education Act of 1965, relating to In- Mr. GOODLING. I was merely going diate consideration in the House. dian education, to provide a technical to say the gentlewoman from Maryland The Clerk read the title of the con- amendment, and for other purposes, [Mrs. MORELLA] seconds whatever it current resolution. and ask for its immediate consider- was you were saying in your reserva- The SPEAKER pro tempore. Is there ation in the House. tion. objection to the request of the gen- The Clerk read the title of the Senate Mr. HOYER. I am sure the gentle- tleman from Missouri? bill. woman from Maryland [Mrs. MORELLA] Mr. MINETA. Mr. Speaker, reserving The SPEAKER pro tempore. Is there would join me and the gentleman from the right to object, I would like to objection to the request of the gen- Virginia [Mr. DAVIS] would join me and yield to the gentleman from Missouri tleman from Pennsylvania? others would join me as well. to explain the request that is now be- Mr. CLAY. Mr. Speaker, reserving fore us. b the right to object, I do not intend to 1815 Mr. EMERSON. Mr. Speaker, I thank object, but I yield to the gentleman Mr. GOODLING. It was the gentle- the gentleman for yielding. from Pennsylvania so he may explain man’s leadership that had signed off. Mr. Speaker, as Members know, we his unanimous-consent request. That is why it was given to me to will soon consider fiscal year 1995 budg- Mr. GOODLING. Mr. Speaker, I have present. et rescissions to pay for $5.36 billion in asked unanimous consent to bring to Mr. HOYER. I understand that. So we emergency supplemental appropria- the floor for consideration S. 377, legis- will have some further discussions be- tions for last year’s Northridge, CA, lation providing for a technical amend- fore it is moved ahead? earthquake. Combined with the $8.6 bil- ment to the Indian title of the Improv- Mr. GOODLING. The gentleman is lion we appropriated last year, the cost ing America’s Schools Act. This legis- correct. to the Federal Government alone from lation passed the Senate on a voice Mr. HOYER. Will my friend give me this tragic disaster will be almost $14 vote on February 16, 1995. the assurance that this unanimous- billion. It has now been reported as of This bill, S. 377, would correct a consent request will not be renewed yesterday that an additional $2 billion drafting error to section 9112(a)(1)(A) of until such time as I have signed off on in damages have occurred, with that the Elementary and Secondary Edu- it? number growing daily. H 3120 CONGRESSIONAL RECORD — HOUSE March 14, 1995 I rise today, Mr. Speaker, to offer The first backstop would be a pri- costs to taxpayers and encourage more this resolution expressing the sense of vate, nongovernmental corporation. effective partnerships between private the Congress to address the serious The corporation would become a rein- sector and government at all levels in issue of reforming our Federal disaster surance pool to be tapped into when ei- anticipation of future catastrophes.’’ policy, and I outline a number of meas- ther an insurance company or a State Mr. Speaker, I urge adoption of the ures that should be taken to reform has reached the limits of its financial resolution. our Federal disaster policy. resources. Mr. EMERSON. Mr. Speaker, if the Mr. MINETA. Mr. Speaker, further The second backstop would be a new gentleman will yield further, I just reserving the right to object, I thank Federal Disaster Trust Fund. This wish to take this time to thank the the gentleman for his fine explanation trust fund would provide short-term very distinguished gentleman from and I comment him for bringing this loans if the reinsurance pool is tempo- California [Mr. MINETA] for his leader- important issue before the House. rarily depleted. ship in this subject area, both in the Everyone is familiar with our recent And since we are talking about Fed- last Congress as the chairman of the legacy of natural disasters. Hugo, An- eral loans, it is important to remember then Public Works and Transportation drew, Iniki, Loma Prieta, Northridge. that this partnership would not in- Committee and for his leadership in The names alone are sufficient to con- crease the Federal deficit; the bill re- this Congress as the ranking member jure images of death and destruction. quires that the Treasury be reim- of the Committee on Transportation But experts tell us that these are but a bursed, with interest, after the crisis and Infrastructure, and also the role prelude to future events which could be ends. that he played, most constructively, in even more catastrophic. Whether it be But more than these backstops, we the Bipartisan Task Force on Natural would take actions up front, such as re- Missouri or Tennessee or Washington Disasters, which rendered, I think, a quiring States to adopt one of several State or California, the point is that very fine bipartisan set of rec- model building codes, and the enforce- natural disasters are going to happen ommendations that will be trans- ment to go with it. What we all saw in and it is our responsibility as home- formed into legislative language using Florida after Hurricane Andrew, for ex- owners, Government leaders, and as the gentleman’s bill from the last Con- ample, was a code which had not been businessmen and women, to prepare for gress as a base. I hope, together with them. enforced—and roofs that flew around the citrus State like flies in an orange the gentleman, to move forward very To do that, a new partnership is ur- grove. In other words, there must be a expeditiously in this Congress with gently needed, so that more of the dis- partnership in preventive medicine be- passage of this much needed legisla- aster relief burden can be borne by in- fore disaster strikes as well as in finan- tion. surance and less by the Federal Gov- cial surgery after the fact. Mr. MINETA. Mr. Speaker, I thank ernment. That is what this resolution A bipartisan House Task Force on the gentleman from Missouri, and I urges us to do, and that is the corner- Natural Disasters—cochaired by the withdraw my reservation of objection. stone of H.R. 2873, the Natural Disaster gentleman from Missouri whom, again, The SPEAKER pro tempore. Is there Protection Partnership Act, which I I want to commend for bringing vision objection to the request of the gen- proposed in the last Congress. and leadership to that effort—endorsed tleman from Missouri? That bill was the subject of hearings many of the principles embodied in There was no objection. and wide-ranging discussions among H.R. 2873 when it issued its report last The Clerk read the concurrent reso- homeowners, consumer groups, the in- year. lution, as follows: surance industry, realtors, labor Mr. Speaker, obviously, what was a H. CON. RES. 39 unions, firefighters, and countless oth- Democratic leadership agenda in the ers. Whereas catastrophic natural disasters are 103d Congress is now Republican in the occurring with greater frequency, a trend What began as a modest proposal be- 104th. Legislation dealing with the came, in the eyes of more than 160 of that is likely to continue for several decades Contract With America has pre- according to prominent scientists; our colleagues, the nexus for solving occupied the House in these first 100 Whereas the Federal Government has re- the crisis facing millions of Americans days. sponded to disasters by appropriating relief affected by the likelihood of a natural Given this, the task force report in funds, which provide only short-term assist- disaster touching their lives. December, the reality of scores of new ance to victims but long-term burdens to Last September, the Public Works Members, the legislative schedule, and tax-payers; and and Transportation Committee—which Whereas the increasing reliance on Federal my own desire to tackle as many disas- disaster relief has overshadowed the need to I had the privilege to chair—approved ter insurance-related problems as pos- H.R. 2873 without opposition. We knew perform more comprehensive disaster plan- sible in my legislation, I decided not to ning and rely on private insurance for pro- we couldn’t get the bill enacted into simply reintroduce the same bill that tection against disaster risks: Now, there- law so close to the end of that Con- my committee approved last fall. fore, be it gress, but we also knew that we had to Working with the gentleman from Resolved by the House of Representatives (the begin to force the issue and chip away Missouri, we are now looking at issues Senate concurring), That it is the sense of the at the apathy which says that we can ranging from unfunded mandates to Congress that— worry about this crisis some other commercial losses. (1) persons who live in areas at high risk to natural disasters should assume more re- time. We can’t. Our goal is to get the legislation as This country simply must begin to sponsibility for their actions by insuring right and as complete as possible so against such risks in order to minimize the stop the fear of what may come tomor- that we can do even better than the 162 rising cost of Federal disaster relief; row, and we do that by forging a con- cosponsors from last year, and quicken (2) sensible, cost-effective disaster mitiga- sensus where none has been possible in the pace from the time the bill is intro- tion programs should be encouraged and en- the past. That consensus is becoming duced to the time the House approves hanced at the State and local level; possible because of the nature of the it. (3) insurers should create a privately fund- partnership proposed in H.R. 2873. I expect that the new legislation will ed pooling mechanism for the spreading of The partnership would lower the cost be about 90 percent or more of what we disaster risk in order to encourage the con- of coverage for natural disasters such tinued availability and affordability of pri- reported last year, and that the bill vate insurance in all parts of the Nation; and as earthquakes, volcanic eruptions, and will be ready in a few weeks. (4) a fundamental overhaul of Federal dis- windstorms by spreading the financial House Concurrent Resolution 39, aster policies should be undertaken to reduce risks and requiring that coverage in all which I cosponsor, supports that effort. costs to tax-payers and encourage more ef- policies. If it is the most we can do at this time fective partnerships between the private sec- We would enable homeowners to con- to address the issue of preparing for tor and government at all levels in anticipa- tinue to rely on private insurance by natural disasters; it is the very least tion of future catastrophes. creating two new funding backstops to we must do. The House concurrent resolution was cover the cost of claims which a State As the resolution states, ‘‘* * * a fun- agreed to. insurance pool or private insurance damental overhaul of Federal disaster A motion to reconsider was laid on company could not cover on its own. policies should be undertaken to reduce the table. March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3121 GENERAL LEAVE nation, and I too support this resolu- A motion to consider was laid on the Mr. EMERSON. Mr. Speaker, I ask tion. The circus provides family enter- table. unanimous consent that all Members tainment for millions of Americans f may have 5 legislative days within and families, and we are pleased to be which to revise and extend their re- able to be a part of this annual event GENERAL LEAVE and bring it to the Capitol Grounds for marks on House Concurrent Resolution Mr. GILCHREST. Mr. Speaker, I ask 39; the concurrent resolution just this salute to the 104th Congress. Mr. Speaker, I urge my colleagues to unanimous consent that all Members agreed to. may have 5 legislative days in which to The SPEAKER pro tempore. Is there support this measure. Mr. Speaker, I withdraw my reserva- revise and extend their remarks on the objection to the request of the gen- concurrent resolution just adopted. tleman from Missouri? tion of objection. The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Is there There was no objection. objection to the request of the gen- f objection to the request of the gen- tleman from Maryland? tleman from Maryland? HOUR OF MEETING ON TOMORROW There was no objection. There was no objection. Mr. EMERSON. Mr. Speaker, I ask The Clerk read the concurrent reso- f unanimous consent that when the lution, as follows: House adjourns today, it adjourn to H. CON. RES. 34 SPECIAL ORDERS meet at 10 a.m. tomorrow. Whereas Ringling Bros. and Barnum & Bai- The SPEAKER pro tempore. Under The SPEAKER pro tempore. Is there ley Circus celebrates its 125th year on April the Speaker’s announced policy of Jan- objection to the request of the gen- 10, 1995, during its engagement in our Na- uary 4, 1995, and under a previous order tleman from Missouri? tion’s Capital; of the House, the following Members There was no objection. Whereas Ringling Bros. and Barnum & Bai- will be recognized for 5 minutes each. ley Circus represents a 200-year tradition of f circus in America; f Whereas Ringling Bros. and Barnum & Bai- The SPEAKER pro tempore. Under a AUTHORIZING USE OF CAPITOL ley Circus demonstrates to children of all GROUNDS FOR CIRCUS ANNIVER- ages that humans and animals can work to- previous order of the House, the gen- SARY COMMEMORATION gether in harmony and cooperation; and tleman from Illinois [Mr. GUTIERREZ] is Mr. GILCHREST. Mr. Speaker, I ask Whereas Ringling Bros. and Barnum & Bai- recognized for 5 minutes. unanimous consent that the Commit- ley Circus is committed to its goal of educat- [Mr. GUTIERREZ addressed the tee on Transportation and Infrastruc- ing the people of the United States as to the House. His remarks will appear here- need to conserve endangered species: Now, after in the Extensions of Remarks.] ture be discharged from further consid- therefore, be it eration of the current resolution— Resolved by the House of Representatives (the f House Concurrent Resolution 34—au- Senate concurring), The SPEAKER pro tempore. Under a thorizing the use of the Capitol SECTION 1. USE OF CAPITOL GROUNDS FOR previous order of the House, the gen- Grounds for the Ringling Bros. and RINGLING BROS. AND BARNUM & tleman from Virginia [Mr. BATEMAN] is Barnum & Bailey Circus anniversary BAILEY CIRCUS ANNIVERSARY COM- MEMORATION. recognized for 5 minutes. commemoration, and ask for its imme- Ringling Bros. and Barnum & Bailey Cir- diate consideration in the House. [Mr. BATEMAN addressed the House. cus (hereinafter in this resolution referred to His remarks will appear hereafter in The Clerk read the title of the con- as ‘‘Ringling Bros.’’) shall be permitted to current resolution. sponsor a public event, with circus elephants the Extensions of Remarks.] The SPEAKER pro tempore. Is there and performers, on the Capitol Grounds on f objection to the request of the gen- April 3, 1995, or on such other date as the tleman from Maryland? Speaker of the House of Representatives and PARLIAMENTARY INQUIRY Mrs. SEASTRAND. Mr. Speaker, re- the President pro tempore of the Senate may jointly designate. Mr. HOYER. Mr. Speaker, I have a serving the right to object, and I will parliamentary inquiry. not object, I yield to the gentleman SEC. 2. CONDITIONS. The SPEAKER pro tempore. The gen- from Maryland, the chairman of the The event to be carried out under this res- olution shall be free of admission charge to tleman will state it. Subcommittee on Public Buildings and the public and arranged not to interfere with Mr. HOYER. Mr. Speaker, it is my Economic Development, for an expla- the needs of Congress, under conditions to be understanding that the minority side nation of his request. prescribed by the Architect of the Capitol will still yet have a unanimous-consent Mr. GILCHREST. Mr. Speaker, I and the Capitol Police Board; except that request to make, and if we go into the thank the gentlewoman for yielding. Ringling Bros. shall assume full responsibil- special orders, will that be too late for Mr. Speaker, this resolution merely ity for all expenses and liabilities incident to them to do so? I think the gentleman authorizes the use of the Capitol all activities associated with the event. from Pennsylvania [Mr. GOODLING] is Grounds for a brief performance of the SEC. 3. STRUCTURES AND EQUIPMENT. Ringling Brothers and Barnum & Bai- For the purposes of this resolution, Ring- checking on that now. ley Circus on or about April 3, 1995. ling Bros. is authorized to erect upon the The SPEAKER pro tempore. The Capitol grounds, subject to the approval of Chair would state that normally busi- This event is intended to be a salute to the Architect of the Capitol, such stage, the 104th Congress and a celebration of ness requests are not entertained once sound amplification devices, and other relat- special orders have begun. the 125th anniversary of the Ringling ed structures and equipment as may be re- Brothers Circus. This event promises quired for the event to be carried out under f to be a welcomed diversion for Mem- this resolution. bers, their families, staff, and the gen- SEC. 4. ADDITIONAL ARRANGEMENTS. b 1830 eral public, and will be free of charge. The Architect of the Capitol and the Cap- It will feature traditional circus enter- itol Police Board are authorized to make any RENEWAL OF REQUEST FOR PER- tainment, complete with recorded such additional arrangements that may be MISSION FOR CERTAIN COMMIT- music. required to carry out the event under this TEES AND SUBCOMMITTEES TO resolution. Ringling Brothers will assume all ex- SIT ON TOMORROW DURING THE SEC. 5. LIMITATION ON REPRESENTATIONS. penses and liabilities in connection 5-MINUTE RULE Ringling Bros. shall not represent, either with this event, which will be pre- directly or indirectly, that this resolution or Mr. GOODLING. Mr. Speaker, I ask sented under conditions prescribed by any activity carried out under this resolu- unanimous consent that the following the Architect of the Capitol and the tion in any way constitutes approval or en- committees and subcommittees be able Capitol Police Board. These officials dorsement by the Federal Government of to sit during the 5-minute rule tomor- are currently meeting to discuss the Ringling Bros. or any product or service of- row: Committee on Banking and Finan- details of this event. fered by Ringling Bros. cial Services, Committee on Com- Mrs. SEASTRAND. Mr. Speaker, I The concurrent resolution was agreed merce, Committee on Economic and appreciate the gentleman’s expla- to. Educational Opportunities, Committee H 3122 CONGRESSIONAL RECORD — HOUSE March 14, 1995 on Government Reform and Oversight, very shortly. What we did in a biparti- to put, as my friend from Virginia has Committee on House Oversight, Com- san way, after 2 years of study in 1986, said, the pension system on a sound mittee on International Relations, was to institute a new retirement sys- basis. As the gentleman from Califor- Committee on the Judiciary, Commit- tem. That retirement system is work- nia clearly knows, President Reagan, tee on National Security, and Commit- ing perfectly. It is fully funded. The old his OPM director, OMB and the Repub- tee on Resources. retirement system is not fully funded, licans in the U.S. Senate, then headed The SPEAKER pro tempore (Mr. but in fact it is being phased out. So by Mr. DOLE, as he is now heading that SHAYS). Is there objection to the re- there is no reason to mess with that, Senate, as the gentleman knows, made quest of the gentleman from Penn- and, when we passed legislation in 1986, a determination that it needed to be sylvania? we told Federal employees, we told our changed, so we created the FERS sys- Mr. HOYER. Mr. Speaker, I reserve colleagues, we told the American pub- tem, which is for new employees and the right to object. lic, we were not going to change this new Members of Congress, and we kept Mr. Speaker, as I was saying when system, and now we are asking for in place the Civil Service Retirement this matter was previously brought up, unanimous consent to mark up a bill System. As the gentleman from Vir- I am not going to object, but I do want that completely changes it in a radical ginia has pointed out, that was a bipar- to make the point, and I think it is a and punitive manner. tisan fix of a pension system. point that bears consideration. Mr. CUNNINGHAM. Mr. Speaker, It created two systems, a new sys- This is a very serious matter that is will the gentleman yield? tem, and left in place the old system. It going to be considered by the Commit- Mr. HOYER. I yield to the gentleman did not deal, as I know my friend tee on Government Reform and Over- from California. knows, with the military retirement sight tomorrow. It is a matter of great Mr. CUNNINGHAM. Mr. Speaker, we system, and I would presume that my controversy. Now we have considered a did this in 1986. Was the gentleman friend would not want us to arbitrarily lot of matters of great controversy here in 1986? and capriciously, with very short con- when we have been under the 5-minute Mr. MORAN. Mr. Speaker, I was not sideration, change the military retire- rule. My side has agreed to this, and I here, and the gentleman from Califor- ment system, and the reason we should am not going to object because of that. nia [Mr. CUNNINGHAM] was not here. The leadership on my side has con- I would tell the gentleman from San not do that is we have a moral obliga- sulted with their leadership and has Diego and I would emphasize that we tion to our friends who served in the agreed. have a responsibility to maintain the military, who served their country, and However, Mr. Speaker, I want to contracts that we make with the under one consideration, they did not make the point under my reservation American people, that this Congress do it for this reason, but we told our that this is a change of great mag- does. We are standing in the seat and friends in the military, ‘‘This is the nitude for middle-income workers, that assuming the responsibilities of our deal, this is the pension system that we expect to carry out our policies. predecessors, and, when the U.S. Con- we’re going to give you,’’ and I am The proposal is approximately a 10-per- gress makes contractual obligations, it going to yield to the gentleman in just cent tax increase. Now, if it were on is our responsibility to fulfill those ob- a second, but I was intrigued with my any other people in America, the com- ligations. I am glad that the gentleman friend’s question, so I wanted to fully mittee would not only not meet, they from California made that point, made respond. would be vigorously opposed to such an the point that we have a responsibility Mr. CUNNINGHAM. Mr. Speaker, action. I am told that the proposal will to fulfill our commitments, and we are will the gentleman yield? be changed somewhat and that, in fact, going to abdicate that responsibility Mr. HOYER. I yield to the gentleman the money will not be a savings, but and violate that commitment in the from California. will be applied to the retirement itself markup tomorrow. At least that is the Mr. CUNNINGHAM. I agree, and I do of Federal employees. But it has been intent of getting unanimous consent to not disagree totally with what the gen- projected at an $11 to $12 billion cut be able to meet during the legislative tleman is doing. My only intent was out of the pension benefits of some 2 session. That is why we have brought the gentleman was sounding like he million civilian Federal employees. up this reservation. helped create the bill. He, nor I, was That is a big hit on Federal employees. Granted, it applies to Members of there, and that is the only issue I I am opposing that proposal, and will Congress; that is not the reason for the brought. oppose it tomorrow, and am hopeful objection. Members of Congress will Mr. HOYER. The gentleman makes a that it will not be approved. pay more into their retirement, and point, neither of them were there. Now the ranking member of the sub- they will get much less back out of The point I want to make in all seri- committee from which that came is the their retirement. But the people that ousness, and we are almost ready, but, gentleman from Virginia [Mr. MORAN]. are taking the biggest hit are Federal further reserving my right to object, He has raised many reasons why it employees who will pay almost a 12- the point I want to make is that this is should not be approved, and at this percent tax increase in the CSRS plan. a very serious proposal which will ad- time, under my reservation of objec- It will go from 7 to 91⁄2 percent and, in versely affect middle-class working tion, I will be glad to yield to the gen- the new plan, from 0.8 to 3.3 percent Americans, and I have a lot of good tleman from Virginia. after we assured them this would not friends on their side of the aisle with Mr. MORAN. Mr. Speaker, I thank happen. whom I agree some of the time, but the gentleman from Maryland [Mr. That is why this should be objected very frankly this is not a partisan HOYER]. to, and I yield back to the gentleman issue in terms of those who are being The reason why we have reserved the who yielded to me, the gentleman from focused on it. The gentleman from Vir- right to object is that we are marking Maryland [Mr. HOYER]. ginia [Mr. DAVIS], the gentlewoman up a bill that has been given very little Mr. HOYER. Reclaiming my time, from Maryland [Mrs. MORELLA], and, as consideration. The minority had been Mr. Speaker, the gentleman from Cali- the gentleman mentioned, others share notified only days in advance of a fornia [Mr. CUNNINGHAM] asked the our concerns that we not in a short markup and, in fact, of hearings. We gentleman from Virginia [Mr. MORAN] term, without serious consideration, are rushing to judgment on a retire- whether he was here. He, of course, per- without extended debate in the sub- ment system that, in fact, does not haps knew, or at least may have committee or in full committee, with- need tampering with, that, in fact, was known, that the gentleman from Vir- out an opportunity for persons to be fixed in 1986 after 2 full years of delib- ginia was not here. heard who will be adversely affected, eration, and now we are going to As the gentleman well knows, I was impose on middle-class working Ameri- change that within a matter of days here, and I would tell my friend from cans in effect a 10- to 12-percent tax in- with very little reflection. California that this was a bill that was crease. Most of the Members of this House passed by the Democrat House, by the Now we do it by increasing their pen- have no idea what we will be marking Republican Senate, and signed by sion from 7 to 91⁄2 points. That is a 21⁄2 up tomorrow and bringing to the floor President Reagan. This was an attempt point—about $750—$750 on the average March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3123 Federal worker, and that is akin to employee pension system is a better spending on welfare. So we had an ex- about a 10-percent tax increase. That is system than most private sector pen- plosion in welfare spending on the Fed- something we ought not to do in the sion systems. I mentioned that Ronald eral and State level in the last 30 fashion that we are doing it. That is Reagan signed the bill in which we years. the purpose of us rising. formed this working with a Republican But look, Mr. Speaker, at what has Mr. Speaker, we are not going to ob- Senate and a Democrat House. happened to the poverty rate during ject because there has been an agree- b 1845 that period of time. In 1948, it began a ment, and very frankly we understand, steep decline, down to about 15 percent even if we objected, they could make a In 1990, A Democratic Senate and a in approximately 1965, at the same motion tomorrow to do the same thing, Democratic House, working with a Re- time as welfare spending has exploded and I am convinced they would prevail, public President, George Bush, tried to and it has stayed the same. It has gone but I hope we look at this matter very reform and did reform the pay system. up slightly since 1965. And the reason President Bush and his closely. My friend from California said This vast explosion of welfare spend- administration agreed to that was be- he may agree with me if we affected ing has brought us not a decrease in cause they believed, correctly, that pay military retirement in this fashion. We poverty but, in fact, a slight increase was not comparable, and they further would not want to do that. I say to my in poverty and we are entitled to say, believed that you ought not to modify colleagues, don’t do it to civil service why? Why at the same time as we have in any way the pension system until employees any more than you would do increased, exponentially, spending on you got pay comparable. it to military personnel in this fashion. antipoverty programs has poverty President Bush then signed the local- Mr. MORAN. Mr. Speaker, will the stayed the same when it was declining gentleman yield? ity bill, the Federal Comparability Pay beforehand? Mr. HOYER. I yield to the gentleman Act, and said in signing that that he The reason is because of the incen- from Virginia. hoped to put the pay and retirement tives in the welfare system. The wel- Mr. MORAN. Mr. Speaker, just as the system on a solid base. That is our fare system pays this money only on gentleman from Pennsylvania who point. We ought to retain what we the condition that people have a child asked unanimous consent request, I have. We ought not to change it and we without being married, earlier than ask that the Members of Congress real- ought not to do it in this way. they probably otherwise would, and ize what this means to them or, more But, again, as I said, Mr. Speaker, I without having a job. importantly, to their staffs, in fact to will not object because of the fact that so what the welfare system is doing all the committees’ staffs, all the peo- my leadership has agreed to this proc- is destroying work and marriage and ple who work up here on the Hill. They ess. will see their retirement contribution The SPEAKER pro tempore (Mr. family and responsibility. And if you destroy that, it does not matter how requirement increased by about 12 per- SHAYS). Is there objection to the re- much money the government gives cent, from 8 to 91⁄2 percent. On the base quest of the gentleman from Penn- that is about a 12-percent increase. sylvania? somebody, you are not going to get They will see their accumulated retire- There was no objection. people out of poverty. It is like bailing water out of a boat with one hand ment reduced by 2 percent. So we hit f them on the front end in terms of what while you are pouring water in with they contribute and on the back end in SPECIAL ORDERS the other. terms of what they are able to accumu- The SPEAKER pro tempore. Under I want to go to the other chart. I late toward their retirement, but when the Speaker’s announced policy of Jan- only have a few minutes. This is a pro- we compare that to Federal employees, uary 4, 1995, and under a previous order jection of what is going to happen with there was actually a 35-percent in- of the House, the following Members welfare spending in the future. Now, this is a baseline before the wel- crease. That is 21⁄2 percent over the cur- will be recognized for 5 minutes each. rent base of 7 percent, a 35-percent in- f fare reform bill that we are working crease over what they are currently with that we will be debating next paying, plus there will be a reduction THE EFFECTIVENESS OF OUR week. You will see that welfare spend- in what they are able to receive. WELFARE SYSTEM ing is projected to go up from $300 bil- And in the Thrift Savings Plan, The SPEAKER pro tempore. Under a lion in 1992 to close to $520 billion by which was designed to fix this, which previous order of the House, the gen- 1998. By that time, it will be almost we were committed to sustaining and tleman from Missouri [Mr. TALENT] is twice what we spend on defense. to not changing, there will be a reduc- recognized for 5 minutes. Now, the CBO numbers are not out, tion in the employer contribution, the Mr. TALENT. Mr. Speaker, next Mr. Speaker, so I did not put it on Federal Government’s contribution, week the House will take up an his- here. The Republican welfare bill we from 5 down to 3 percent. This will af- toric piece of legislation, the welfare are going to debate allows welfare fect the quality of life is everyone in reform bill. There has been a lot of dis- spending to go up about half that much the Federal Government who is depend- cussion about spending on welfare in by the rate of inflation. ent upon a Federal retirement, whether the context of that bill and there is And I want to close with a couple of it is in the legislative branch, or the going to be a special order later this comments. In the first place, nobody in executive branch, or the judiciary evening which will discuss that fur- Washington is talking about cuts in branch. ther. welfare. The bill we will debate next This is a profound change in the as- I want to talk just for a few minutes week will allow welfare to grow at ap- sumptions that people have made when not about spending as such, but about proximately the rate of inflation. If they seek and obtain Federal employ- the relationship between spending on you hear anybody talking about cuts in ment and when they plan their retire- welfare and the effectiveness of our welfare, they are either very much mis- ment years, and yet we get unanimous welfare system. And I am going to do taken or they are simply uttering consent to mark up a bill with a few that first by looking at this graph, something that is not true. days notice, and bring it to the floor which is very informative. It shows us The second point that these two and make such a profound change with how welfare spending has grown since graphs graphically show is how much very little consideration. the Great Society programs were an- we are spending on welfare is a lot less Mr. HOYER. Mr. Speaker, I thank nounced in the mid-1960’s. important than how we spend it, be- the gentleman, and just in closing: What you can see from that, Mr. cause values are more important than We ought to remember approxi- Speaker, is that in approximately 1965 money. What we have been doing in the mately 90 percent of private sector em- we were spending about $30 billion in past is spending money on welfare in a ployees in America make no contribu- Federal and State spending on welfare. way that has destroyed families and tion to their retirement systems, none. And that by 1992, we were spending destroyed work. And so we have gotten Federal employees are now making a 7- close to $300 billion on welfare, or a not only not less poverty, but more percent contribution. Now, the Federal tenfold increase in how much we were poverty. H 3124 CONGRESSIONAL RECORD — HOUSE March 14, 1995 What is exciting about our bill is The current welfare system has been Clean Air Act requires employers of 100 that for the first time we begin spend- a tragic failure. It has encouraged de- or more employees in severe and ex- ing money on welfare in a way that re- pendency upon government, discour- treme ozone nonattainment areas to inforces family and work and personal aged responsibility, and cost taxpayers increase passenger occupancy per vehi- responsibility, and that will make a hundreds of billions of dollars. cle in commuting trips between home difference for the people caught up in Part of the welfare reform process in- and the workplace during peak travel the system. volves the food stamp reform. That the periods by not less than 25 percent. The We take a step for the first time to- food stamp delivery system must be re- idea is to have people find some other ward ending cash benefits at least for formed, there can be no question. Cur- mode of transportation to and from teen moms. We are going to give that rently there is an estimated $2 billion work other than using their car. money to the States and localities so of fraud and abuse involved in the food The misnomer applied to this man- they can take care of those moms in a stamp program annually. date is the Employee Commute Option. way that reinforces family and work The people of the 7th district of Ten- Some option. If the State elects not to instead of destroying it. nessee who I represent are sick and implement this mandate, it stands to And not only are we going to stop tired of hearing about such widespread lose some of its transportation funds. punishing people for working, which is misuse of the food stamp program. In Illinois that is $700 million. In Penn- what the current system does, we are They are demanding change and they sylvania, it is $900 million. In some going to start requiring work so that deserve it. States, fines levied against businesses by the end of the decade about 50 per- The Food Stamp Program and Com- that do not participate may range into cent of the people on the welfare case- modity Distribution Act will fight this the thousands of dollars. load, and that is an honest number, abuse. It contains stricter penalties for Areas across the country that face will have to work in order to get their food stamp trafficking, tough fines and this mandate include Baltimore, New welfare benefits. forfeiture of ill-gotten gains. It is time York, Philadelphia, Chicago, Houston, I am going to close, Mr. Speaker, we crack down harder on those who Milwaukee, Los Angeles, San Diego, with an observation that my friend Mr. abuse food stamps and H.R. 1135 will do Ventura County and Orange County in WATTS, our distinguished colleague just that. California. Other affected States in- from Oklahoma, often makes. Under I have always believed that the clude Connecticut, Delaware, New Jer- the current system we have always States are better able to operate the sey, and Indiana. measured the success of welfare by how food stamp program. After all, the The EPA, in implementing guidelines many people we could get on food States are on the frontline, much more for this Employee Commute Option, stamps and AFDC and medicaid and so than we here in Washington. Pend- suggests other options for getting to the 70-odd other Federal welfare pro- ing legislation will give the States the work including mass transit, jogging, grams. We measured success by how option and the opportunity to take bicycle riding, car pooling, and walk- many people we could get on welfare; their food stamp funding in the form of ing. by how much money we could spend on a block grant. It is my hope that the Well, in the 16th congressional dis- welfare. We need to stop doing that be- States choose this option. It is the trict of Illinois there is a rural county, cause welfare is not a life of dignity most effective and efficient way of re- McHenry County, which is included in and hope for anybody. form. the Chicago consolidated statistical We need to start measuring success, Another important part of this legis- metropolitan area. That means resi- and we are going to start measuring lation involves work requirements. It dents in and around McHenry County success, by how many people we get off is neither right nor fair for those of us who work in this rural area without of welfare, off the AFDC, off of food who choose to be responsible, tax- sidewalks or mass transit system must stamps, off of medicaid, and into a life paying citizens to pay the way for car pool. This is a federally mandated of dignity and hope and self-sufficiency someone who chooses to make no effort car pooling and it is an outrage. which is the American dream. That is to be productive. So I don’t think it is When the amendments of the Clean what we are offering to people. unreasonable to require someone to Air Act were passed in 1990, I was not Mr. Speaker, that is what we are work for their benefits. H.R. 1135 does a Member of this body, and to the best going to be debating next week. that. of my knowledge there was never any Mr. Speaker, we owe the American formal debate on this issue in the f people real welfare reform. The pend- House; never any specific hearings on ing legislation will begin to provide the issue before it was simply slipped WE OWE THE AMERICAN PEOPLE that reform. I urge my colleagues to in to the Clean Air Act amendments. REAL WELFARE REFORM support H.R. 1135 as we begin consider- This past Sunday, Illinois Governor The SPEAKER pro tempore. Under a ing it in the near future. Edgar and I took the bold and coura- previous order of the House, the gen- f geous step of announcing a moratorium tleman from Tennessee [Mr. BRYANT] is on the federally mandated employee recognized for 5 minutes. THE EMPLOYEE COMMUTE OPTION commute option. He has directed the Mr. BRYANT of Tennessee. Mr. The SPEAKER pro tempore. Under a Illinois Department of Transportation Speaker, the 104th Congress has been previous order of the House, the gen- not to enforce this measure. Why? An keeping its promises. From real crime tleman from Illinois [Mr. MANZULLO] is assistant administrator for the EPA legislation to giving much-needed re- recognized for 5 minutes. admitted that air emissions reductions form to Federal regulations, we are in- Mr. MANZULLO. Mr. Speaker, the are, quote, ‘‘minuscule,’’ and her agen- deed keeping our promises. issue I want to speak about tonight in- cy has stated it simply does not intend One of our promises to America has volves a mandate imposed by Congress to enforce the mandate. been to reform the welfare system. We which must be enforced by the EPA. It This moratorium now puts Illinois in are going to have the opportunity to is a plan that affects many of my con- the same situation as Pennsylvania change the welfare system within the stituents in the 16th congressional dis- and Texas which have announced that next few weeks. I would like to share trict of Illinois and many businesses in they will not participate in enforcing my thoughts with you on where welfare several cities across the country. the mandate. There is only one catch, has been and where I would like to see Many governors have called this the Mr. Speaker: the employee trip reduc- it go. most unreasonable, least thought-out, tion mandate is the law. The EPA may For over two years, the current ad- least effective but very, very costly choose to not enforce it. The States ministration has promised to end wel- program ever proposed by the U.S. Con- may not enforce it. However, there is fare as we know it. For over two years, gress. The plan, employer trip reduc- nothing to keep a Federal judge from hard-working taxpayers have been tion, was mandated under the Clean enforcing it. waiting and waiting and waiting. Now, Air Act amendments of 1990. No, the mandate is clear. It is law. It this Congress is going to begin that Let me explain what this mandate is says that businesses with over 100 em- much-needed reform. all about. Section 182(d)(1)(B) of the ployees shall participate and decrease March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3125 the number of cars going to and from lunch programs, you see that the Re- WIC program, to the school breakfast work. This will cost up to $210 million publican proposal is off by some $2.3 programs, to the nutrition education per year to enforce this unfunded man- billion. They can say this is not a cut, programs that are sponsored by this date and that applies not only to the but the fact is it is a cut, because those program. private business business but to the children who would otherwise be served What does that mean? That means a public sector. in this program over the next 5 years, good many of our poor and our near- This law is so ridiculous that it says many of them simply are not going to poor, the working poor in this country to a high school that has more than 100 be able to be served. who rely on this program for nutrition, teachers and administrators, that If they choose to serve every child, simply will no longer be able to do so those teachers have to car pool. But they have to decide to cut back on the to the same extent that they are today. the students do not have to car pool, so meal and nutrition component of that They are not talking about waste, we would have the incredible result of meal, and as we know from many of fraud, and abuse. We had those prob- teachers walking to work, having to these children, this is where they get a lems many years ago when the private hitchhike there to be picked up by good portion of their nutrition in the sector thought it was open season on their students. And students would entire day. They can decide to raise the the school lunch program and they rather go to school without their price to those who are now paying a re- could deliver substandard meals and teachers so that they will not have to duced price meal. The fact is when we poorly packaged meals and stale meals be taught the subject for the first hour. have seen that, a good portion of the It is crazy. It is insane. But that is how reduced price young people are forced and charge us. We are not talking ridiculous this mandate is. to drop out of the program because about that in the WIC program, when Data from Southern California indi- they simply do not have in their family we had the problems of being ripped off cates that forced car pooling costs income sufficient money to increase by some of the largest food companies companies over $100 per employee and that price. They can choose to throw in this country that thought they $3,000 per vehicle taken off the road. all of the paying children out of the could sell us substandard formula or And the EPA itself has estimated the program who pay full price for the sell it to us at rates that far exceed the tremendous cost into the billions of meal, but as we know, when you do going rate. dollars annually to address a solution that, you start to lose the economics of Unfortunately, in the Republicans’ which itself calls minuscule. the program and programs close down proposal, they no longer include the as a result of that. competitive bid process, which would b 1900 So what we have here is a mismatch save us a billion dollars, and we were I have introduced H.R. 325 to return of about $7 billion in nutrition pro- using that money to plow back into the true meaning to the word ‘‘option.’’ grams over what we should be spending providing the services for pregnant It makes the employer trip reduction to serve this population as opposed to women and newborn infants. So the mandate optional to the affected what the Republicans are offering in bottom line is that a cut is a cut. states. H.R. 325 is dedicated solely to the welfare reform bill under the child There is a $7 billion gap between this correcting this single provision in the nutrition components. They say that and whatever. Clean Air Act. Nothing else. It does not they are offering $4.5 billion every I ask my colleagues, and Mr. decrease the quality of the air. This year, and that is supposed to make ev- CUNNINGHAM is on the Armed Services bill simply makes car pooling an op- erybody here believe that that in fact Committee, if someone said they were tion to reach the goal of clean air. This takes care of the problem. But the only reducing the growth of the defense is not an environmental or anti-envi- problem is that the 4.5 percent they are budget, I suspect they would call it a ronmental bill. It simply makes car offering every year is not based upon cut. That is what they have been call- pooling voluntary in the menu of op- the total cost of what it costs to de- ing it over the last several years when- tions available to achieve clean air liver school lunches and pay for them standards. ever it is suggested is that a cut take under the current program, because it place or a reduction in the growth. But This is why this bill has such wide does not include the cost of the com- if you are a hungry child, the $7 billion support. It is bipartisan, has more than modities, so that is excluded from the gap that you create means that 152 cosponsors, and I would encourage 4.5 percent. The cost of education is ex- lunches will not be delivered, and that my colleagues to become cosponsors cluded from the 4.5 percent, and in fact is the simple fact. The numbers cannot with us. they omit almost 20 percent of the be denied. I assume that is why they f funds currently used to provide nutri- tion programs for our young people, are so frantically trying to convince SCHOOL NUTRITION AND FAMILY and that is why the 4.5 percent then, people all is well in the school lunch PROGRAMS even though they add it every year, program. It is not, and it is not well for The SPEAKER pro tempore. Under a falls further and further behind, until the children. previous order of the House, the gen- by the 5th year, we see there is a gap in f tleman from California [Mr. MILLER] is the nutrition component of my Repub- recognized for 5 minutes. lican colleagues of a little over $7 bil- FAMILY AND SCHOOL NUTRITION Mr. MILLER of California. Mr. lion. That is roughly in the school PROGRAMS Speaker, my colleagues on the other lunch component because of 2 million side insist upon trying to tell the coun- children over the next 5 years that oth- The SPEAKER pro tempore. Under a try that a cut is not a cut. But the erwise would be served under the cur- previous order of the House, the gen- problem with their calculations are as rent services budget as opposed to tleman from Pennsylvania [Mr. FOX] is we talk to more and more local school those who will not be served. recognized for 5 minutes. districts, they clearly realize that Now, the Republicans also want to Mr. FOX of Pennylvania. Mr. Speak- these are cuts. The School districts and convince everybody in America that er, my Republican colleagues and I are school nutrition programs will have they are not cutting meals, they are here tonight to set the record straight less money over the next 5 years to only cutting the bureaucracy. The bu- about family and school nutrition pro- feed children than they have under the reaucracy at the Federal level for all grams. We care about women, infants current services budget by CBO that nutrition programs is $140 million a and children, and are committed to will allow them to continue to serve year. $140 million a year. If you do it compassionate solutions to assist our the number of children that they are over the 5 years, it is roughly $700 mil- children. serving now. lion. They are cutting $7 billion out of I believe that the whole debate on Monroe County schools up near the program. So obviously it is not just this issue was best summarized in an Rochester, NY, they are talking about the bureaucracy. editorial which appeared recently in serving 7,800 fewer children than they The cuts go far beyond the bureauc- the Cincinnati Enquirer. The author would otherwise be able to serve in the racy at the Federal level. Where do the poses the following question to us: If coming year. The point is this, that cuts go? They go right to the school you had a dollar to spend on lunch, when you look at the cuts in school lunches, to the participation in the would you rather, A, give it to Uncle H 3126 CONGRESSIONAL RECORD — HOUSE March 14, 1995 Sam, who will order your lunch for a Furthermore, the school nutrition to children by allowing greater choice cut of the money, or, B, choose your block grant will enable more meals to at the regional and local level. We are own lunch, or, C, skip lunch and stay be served to more children. not cutting funds for our children; we hungry? We are proud to be part of a caring are eliminating the Federal bureaucrat We have a program that chooses A, solution that helps our children grown, as the middleman. give your money to Uncle Sam, who not our Government bureaucracy. Federally funded beef tacos may be will order your lunch for a cut of the f what we have become accustomed to, money. President Clinton and his Con- but the diet we have become accus- SCHOOL NUTRITION PROGRAMS gressional allies would have you be- tomed to here in Washington is not lieve that any change in the current The SPEAKER pro tempore. Under a necessarily healthy for the American system would mean choice C, that kids previous order of the House, the gen- people. The States should have the op- would go hungry. tleman from Ohio [Mr. CHABOT] is rec- portunity to see if they can feed more Nothing could be further from the ognized for 5 minutes. children more efficiently with more truth. My colleagues and I believe we Mr. CHABOT. Mr. Speaker, last week money. That is what we propose to do. should choose B, to give block grants President Clinton visited Patrick Frankly, as a parent myself, it to the States and allow decisions to be Henry Elementary School in Alexan- makes a lot more sense to me for some- dria, VA, to have a bite to eat. He made closer to our children, which em- one to be able to talk directly with his dined on federally subsidized beef tacos powers families and our local commu- or her local school board about school and coleslaw and corn and fruit. The nities. lunches than it does to have to speak point of his visit was to try to convince to the Agriculture Department or Com- We are growing kids, not the Govern- the American people that the Personal ment. Our plan will increase funding mittee on Agriculture here in Washing- Responsibility Act would slash the ton. It is not as through Federal for Women, Infants and Children pro- money that funds the current school overmanagement makes beef tacos, grams and school nutrition programs lunch programs. Frankly, that is a lot coleslaw, corn and fruit taste better. by 4.5% each year. As you see from this of suckatash. I hope that those who are so wedded chart in each year from 1995 to the The President and those who oppose to the present system finally will begin year 2000, the red chart shows a yearly welfare reform are not telling the truth to tell the truth to the American peo- increase of the food programs for to the American people. The Personal ple. The debate becomes clearer when school nutrition of 4.5 percent and an Responsibility Act would direct that it is understood all the distortions and even larger increase for WIC programs. money to go where it is most needed, false accusations are coming from peo- The GOP growth in school meals is away from the Washington bureaucrats ple who understand that we are not very clear, the huge increase. You see and toward low income children. The proposing state school lunch cuts, but the increases, 3.6 percent, 4.5 percent, idea is to help those who have the they want to avoid the real cuts other and 4.5 percent. The same is true with greatest need. unrelated programs later on. WIC programs. I wish to point that out. I apologize for injecting real facts But opponents want to preserve the The GOP also grows the WIC programs. into this otherwise lively debate, but country’s huge welfare state, so they In this case we see that a line goes up, let us look at the numbers. In 1994, the launch this fear attack now as a pre- the CBO baseline WIC funding and the Federal appropriation for the school emptive strike. Well, my view is while GOP WIC funding, which is even high- lunch program was $4.3 billion. The we need nutritious lunches in our er. Personal Responsibility Act would al- schools, we need a whole lot less balo- By eliminating the Federal middle- locate block grants to the States of $6.7 ney here in Washington. man and the 15-percent administrative billion next year, rising to $7.8 billion f costs that were used to run the current in the year 2000. So funding for school lunch programs program, our plan will make more re- b 1915 sources available to feed more chil- will increase by 4.5 percent each year dren. over the next 5 years. Let me repeat The SPEAKER pro tempore. Under a Our proposal creates two separate that again. School lunch programs will previous order of the House, the gen- block grants—one to address family increase by 4.5 percent each year. Now, tleman from Michigan [Mr. KILDEE] is nutrition needs and one to address people can argue about whether that is recognized for 5 minutes. good or bad public policy, but, please, school nutrition needs, which preserves [Mr. KILDEE addressed the House. do not mislead the public by calling it the family and rewards work. His remarks will appear hereafter in a cut. The family nutrition block grant will the Extensions of Remarks.] There has never been a time during allow States to promote the good nu- this debate when those of us who favor f trition, health and development of welfare reform have voted for decreas- REFORMING THE WELFARE SYS- women, infants and children and to ing spending for school lunch pro- TEM AND FEDERAL NUTRITION provide healthy meals in child care, grams. Our intent is to better serve PROGRAMS head start, summer camp, and home- children, not the Washington bureau- less shelters. crats. The SPEAKER pro tempore (Mr. Under the block grant, funding for How does this bill work? We will LUCAS). Under a previous order of the family programs, including vital pro- transfer power away from the Federal House, the gentleman from Minnesota grams to help women, infants, and chil- food bureaucrats in Washington and [Mr. GUTKNECHT] is recognized for 5 dren, will be $588 million greater over give more authority to the States minutes. the next 5 years than in the current where it belongs. At the same time, we Mr. GUTKNECHT. Mr. Speaker, one programs. With increased funding and will focus the program more efficiently of my favorite Presidents was Ronald less bureaucracy and paperwork, to ensure that at least 80 percent of the Reagan, and two of my favorite expres- States can assist more of our children. money goes to children from low in- sions that he used, and some Members The school nutrition block grant al- come families. will remember in some of the debates, lows our schools to provide breakfast, States will have the flexibility to use he would use the phrase, ‘‘Well, there lunch, before and after school meals the grant funds to support what they you go again.’’ and low-cost milk to our children. We find to be the best programs for their He used that expression when people know that hungry children cannot individual school districts. They can would attempt to distort the facts. We learn—that is why we propose to in- decide how to meet the needs of chil- have heard it again tonight. ‘‘Well, crease funding for school meals 4.5 per- dren and families in their areas. This there you go again.’’ cent each year for 5 years. We are sen- plan makes school nutrition programs One of my other favorite expressions sitive to the needs of our children. We easier to operate and more cost-effec- from President Reagan was one that I are committed to providing healthy tive by reducing paperwork. It caps ad- use often around my office, and, that meals and thus creating a proper learn- ministrative costs at 2 percent, and it is, ‘‘Facts are stubborn things.’’ I al- ing environment. helps ensure that meals are appealing most wish we could bring those charts March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3127 back here so people could continue to an important message, but I would like Let me say, Mr. Speaker, that wed- look at them because I think facts are to share this with the body: ding oneself to entitlement certainly is stubborn things, and I think the more The government has extremely limited re- not wedding oneself to invest in our fu- the American people get a chance to sources to address the many and urgent ture. Wedding oneself to entitlement is see the real facts about what we are needs of our people. We are very keen that not the same as saying children are our talking about relative to welfare re- this real situation should be communicated most precious commodity. And entitle- form and reform of our nutrition pro- to the people as a whole. All of us, especially ments as to some of the basic neces- grams, the more that they will see that the leadership of political organizations in civil society, must rid ourselves of the wrong sities as food and shelter and health the facts are on our side and that this notion that government has a big bag full of seems to be consistent with what de- is not a plan designed to cut the nutri- money. The government does not have such mocracy is all about, not necessarily tion program. As a matter of fact, riches. wedding them to be on the dole. I some of my more conservative con- The speaker went on to say: would argue for consistency in terms of stituents back in the district are say- It is important that we rid ourselves of the America and reaching out to help those ing, ‘‘Why are you allowing these pro- culture of entitlement which leads to the ex- least among us as reaching out to help grams to grow the way you are? We’d pectation that the government must prompt- those who are most affluent. It was in- like to see you freeze these programs.’’ ly deliver whatever it is that we demand and deed President Kennedy who said, and I We are being accused by some of our results in some people refusing to meet their agree, that if this Nation cannot re- obligations. Democratic colleagues of being mean- spond to the many who are poor, cer- spirited and we are hurting children. That was not NEWT GINGRICH who tainly this Nation cannot defend the But I was reminded of a quote the said that, it was not even Thomas Jef- few who are rich. That is true, Mr. other day from Ralph Waldo Emerson. ferson who said that. That was said less Speaker. He said, ‘‘There is always a certain than a month ago by Nelson Mandela, What are those myths they are say- meanness in the argument of conserv- addressing some people in the Demo- ing? They are saying, well, there is atism, joined with a certain superiority cratic Parliament in Cape Town, South going to be more food indeed for school in its facts.’’ Africa. lunches. As we show the facts and as the Let me just repeat that last sentence American people get to know the facts, I would submit, indeed they are cut- because I think it is so important and ting. In fact, the chart we have here in- I think they will recognize that when I think that is what this debate is all we are talking about meanness and dicates surely that they are cutting as about. Are we willing to finally ride a whole. particularly as it relates to our chil- ourselves of this entitlement attitude They say indeed that what we are dren, I think the meanest thing we can that we have? doing, we are increasing the School do to our kids is leave them a debt He said: which they will not be able to pay off. Lunch Program 4.5 percent. Indeed, It is important that we ride ourselves of that may be so, but consider this, Mr. That is exactly what we are doing, la- the culture of entitlement which leads to the dies and gentleman. expectation that the government must Speaker. In that 4.5 percent, you are Last year the President’s own budget promptly deliver whatever it is we demand not taking into consideration inflation, officers backed up by the General Ac- and result in some people refusing to meet you are not taking into consideration counting Office said that unless we their obligations. the increase of students who will be make some changes, by the time to- Mr. Speaker, this exercise that we there, but yet that same approach was day’s kids reach our age, they may be are going through, whether we are not led to the defense. Indeed, you did confronted with an 82-percent tax rate. talking about the nutrition programs take into consideration when you were In fact, we are stealing from their fu- or welfare reform, is really about looking at the budget for defense that ture. I think the American people are changing the attitude not only of in order to maintain that level of serv- way out in front of us. I think they ex- Washington but of the American peo- ice, we have to make an adjustment for pect some real cuts. As a matter of ple. We cannot go on under this prin- inflation. But indeed you did not do fact, all of my town meetings have cen- ciple that people are not responsible that. tered around cut spending first. Frank- for themselves. Our welfare reform is When you take all of the nutrition ly, I think some of my constituents are really about reinforcing some of those programs together, this chart clearly upset because we have taken so many principles, some of those values, if you shows that over that 5-year period, things off the table. As I said earlier, I will, that we know work. We need to there would be cuts of at least $7 bil- think they want real cuts in welfare, reemphasize work, we need to reempha- lion. You see, when you take all the they want real cuts in some of these size personal responsibility. That is many nutrition programs together and programs, and in fact as you look at what this exercise is about. The facts, begin to block grant them into two, the charts, whether you are looking at the numbers are on our side. Frankly I something else happens to that, par- welfare, the Nutrition Program, the think, Mr. Speaker, the American peo- ticularly the ones that you have the WIC Program, all of the other pro- ple are on our side. nutrition where you have WIC and grams, we are actually seeing signifi- f other programs. You begin to have the cant increases. programs who are in need competing We have only been here about 9 FEDERAL NUTRITION PROGRAMS among themselves. How does that af- weeks but it is interesting to me to The SPEAKER pro tempore. Under a fect the American people? learn the vocabulary of Washington. previous order of the House, the gentle- I will tell you, it certainly affects the Here an increase can be called a cut. woman from North Carolina [Mrs. day care people and those who are But we look at the numbers, and the CLAYTON] is recognized for 5 minutes. working because they are going to find numbers speak for themselves. Mrs. CLAYTON. Mr. Speaker, the Re- that their day care is going to go up If we look at the Family Nutrition publicans say that really they are not and beyond, to make work affordable, Block Grant Program. According to cutting nutrition programs, and I do they are going to have to increase their the current programs, we would be not intend to suggest that they mean outlay for day care because now the spending in fiscal year 1996 $3.585 bil- to cut and suggest they are not cut- choices will be how much money we lion this year. Fiscal year 1996. Under ting. spend on WIC, how much money we the Republican plan, we are going to We are probably looking at this in spend on day care. spend for the Family Nutrition Block different ways. I would think that the You say, well, 80 percent of those Grant Programs $3.684 billion. That is emphasis ought to be placed on will funds are designed for WIC. Well, WIC not a cut. The American people know they serve more children in the long does not want to help people get over that is not a cut, and I think the Amer- run or will they serve less? Is the cur- the first 2 or 3 years and find that the ican people want cuts. rent policy being enforced or will they mother is now working and all of a sud- I want to close, Mr. Speaker, if I indeed have a new policy which may den her day care is going up because could with a quote, and I will not tell yield more money but serve less peo- you are pulling away the support that who said this because I think it is such ple? you had there before day care. H 3128 CONGRESSIONAL RECORD — HOUSE March 14, 1995 Block grant in itself may not be an The problem, Mr. Speaker, is this: We But I would challenge the other side evil concept but block grant under the do confront a deficit of stark propor- to come forward with positive pro- guise of efficiency and better service tions for us all. In fact, by some esti- grams to tell us where the cuts will and local control, it needs to be exam- mates since in essence the national come, to tell us where the changes will ined. I submit to Members that in the debt is compounded every nanosecond, come, instead of trotting out the tired block grants, in cutting, we may in- it continues to grow, by some esti- old rhetoric of the past. deed be offering an unfunded mandate mates we confront a national debt that The stakes are too high. The future because those people who are closest to affects every man, woman and child in beckons us. their citizens will be going to their this country to the tune of their share f county commissions, be going to their in the national debt, for you and me State general assembly, because they and for everyone else, fast approaching IN THE FRONT LINES WITH THE have come to understand that these $20,000. WIC PROGRAM programs are there and they no longer We have a simple choice: Either we The SPEAKER pro tempore (Mr. will be there. You will say, we have can continue to play the tired old poli- LUCAS). Under a previous order of the given the block grant and we have tics of the past which are akin to a House, the gentleman from Oregon [Mr. capped them. schoolyard game of am-not-are-too, DEFAZIO] is recognized for 5 minutes. The other issue about block grants is am-not-are-too, or we can face this se- Mr. DEFAZIO. Mr. Speaker, the gen- that it does not indeed take into con- rious problem and take a look and de- tleman who preceded me in the well sideration the downturn of the econ- cide to rein in the growth of spending talked about the front lines. I do not omy. It makes no adjustment for that to what is reasonable, to what is ra- know where he was yesterday, but I whatsoever. tional, and, yes, taking into account was at the front lines. I went and vis- Given these factors, it cannot be the inflation rate, what is most effec- ited a WIC program in Springfield, my made substantial when we go beyond tive, and that is behind our notion of hometown in Springfield, OR. the rhetoric that more children will be changing these grants to block grants, Apparently the gentleman is quite served. The truth is, more children will to let those on the front line fight the unfamiliar with the programs. They not be served. Why? Food is going up, battle. are run by local boards. In fact, the and the school and population is grow- It is true there is a very real dif- chairman of the board of our local WIC ing. ference in philosophy here, because Which of us would rather tell the last program is a Republican lawyer who a those in the new majority, Mr. Speak- couple of years ago thought about run- 5 kids of the 25 that are there that they er, believe that people on the front are not going to be able to be served? ning against me. So there is an incred- lines can best fight this battle and be- ible amount of discretion and weight You must begin to understand why peo- lieve it is not incumbent upon a bu- ple are so outraged is they cannot be- given to local control. reaucracy run amok in Washington, DC What did I not see at the WIC pro- lieve that you understand this and will to decide how best to spend money. still go forward. It is not that we think gram yesterday? I did not see this: I did not see a low-birthweight baby who anyone has more of a disregard for b 1930 young people than we are, but appar- was suffering tremendously and who ently we do not share the same vision Your new majority in this Congress was going to be an extraordinary ex- for the future to allow this to happen. realizes that what might work in pense all paid for out of the other pock- Mr. Speaker, I would urge all of us to Philadelphia might not work in Phoe- et of the taxpayers, by Medicaid. I did begin to think not in terms of entitle- nix and that people on the front lines not see one of these yesterday. ment when we think of our children in the State of Pennsylvania and Ari- But what I did see were a bunch of but think of our children as our future. zona and North Carolina and across healthy kids and some parents coming To the extent we fail to invest in our this Union can best decide how to fight from a whole bunch of different cir- future, we fail to invest in our society. the battle. cumstances. I want to talk just a little f But again, the programs are not bit about that. being cut. Really, this begs a larger I saw a teen mom yesterday, a cat- MORE ON FEDERAL NUTRITION question, and one I think of stark im- egory of recipient who would be cut off PROGRAMS portance to our Republic. Do we face from benefits in the Ozzie and Harriet The SPEAKER pro tempore. Under a the challenge now and deal with it re- world of the other side of the aisle. We previous order of the House, the gen- sponsibly, or do we remain wedded to should not have teenage pregnancies, tleman from Arizona [Mr. HAYWORTH] the politics of the past? and, by God, if they have them, they is recognized for 5 minutes. We heard with great fanfare my are not going to get any benefits. Mr. HAYWORTH. Mr. Speaker, I friend on the other side from California What is going to happen to the baby thank the preceding speaker joining us just repeat all the arguments and all in that world? You want to punish the in the well, the gentlewoman from the incendiary rhetoric. Let me submit teenager. What about the baby? I do North Carolina. I appreciate her point to you that if we fail to deal with this not even think you should be punishing of view and especially her last couple problem, if we continue with the same the teenager. A little counseling is a of comments. However, I thought for a old name-calling, the false numbers, in little more in order. I met a teen mom, time tonight we had made real progress essence those who are wedded to the and she had gotten some of that coun- because it seemed the preceding speak- past, those who are the guardians of seling at that WIC program. Counseling er, Mr. Speaker, had decided to back the past have become, in essence, the is one of the things cut off under the away from the terminology ‘‘cut.’’ enemies of the future. For in maintain- Republican block-grant proposal. You Let us again state for the record, the ing a tired old broken-down welfare will give them the food vouchers still, proposal offered by your new majority state, they have, in essence, declared but you will not get the nutrition in the Congress of the United States, a war on the next generation of Ameri- counseling. They taught here how to proposal that for child nutritional pro- cans. breast-feed her little baby, and they grams adds $200 million over what All we ask is this, Mr. Speaker: That were there yesterday, and they were a President Clinton outlines in his budg- we in this body in which it is a great testimony to how well this program et, a plan that calls for annual in- honor to serve, that we do what every works. creases over the next 5 years of 4.5 per- American family at one time or an- I saw a working mom with two kids. cent every single year, friends, those other has to do, Mr. Speaker, to gather She is working, a single parent, but she are increases. around the kitchen table and make qualified for the WIC program, and you The numbers, with all due respect, some hard choices. know what, her kids had nutritional offered by the opposition are phantom Can good people disagree? Yes. Good problems. They both had a problem numbers because they speak of $7 bil- people can disagree. And certainly with dairy. They had dairy sensitivity. lion in cuts, $7 billion that don’t even there is a difference in philosophy that She did not know how to deal with it. exist. I delineated. She did not have the wherewithal to March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3129 deal with it. She went to the WIC pro- a family of four? That is why we have The question of where are we going gram, and got nutrition counseling. the Women, Infants, Children Program. to live up to the food standards, we do, She got a diet. I saw those two kids What does one low-birthweight baby Mr. Speaker, live up to the food stand- yesterday. They are beautiful kids. cost, both in terms of trauma to the ards, because that is also taken care of They are thriving now through the WIC parents, both in terms of developmen- through this program. program. tal disabilities for that child, both in But it is a bigger picture, and the They talk a lot about fraud and terms of cost to the Medicaid program? bottom line in this country, Mr. Speak- abuse. There are no allegations of fraud Is it too much to ask that we continue er, is that tomorrow morning everyone and abuse in the WIC program. People the Women, Infants, Children’s feeding in this country looks into the mirror get vouchers for a healthy diet. program and prevent those low- and sees the face of the human being You know, there are allegations, sub- birthweight babies? I do not think so. that is morally responsible as to stantial allegations, in the food stamp And I think America can afford that. whether our children live in a country program. What is very interesting is f that is safe, prosperous, and secure. the Republicans originally proposed to The SPEAKER pro tempore. Under a So we all have to ask ourselves, Mr. block grant the food stamp program. previous order of the House, the gen- Speaker, as we look into our faces in But you know what, they backed off, tleman from Georgia [Mr. LINDER] is the mirror, Members of Congress and not because they did not want to get at recognized for 5 minutes. people throughout this country, are we the $3 billion of fraud and abuse. I be- [Mr. LINDER addressed the House. doing the best job to make sure that lieve they want to get at that as much His remarks will appear hereafter in this country is safe, prosperous, and se- as I do and the organized crime. But the Extensions of Remarks.] cure for our children? And I answer we are. But not just in how we revise this because Safeway and A&P and Stop f and Shop and all the farm lobby came program to take the Federal bureau- in and said, ‘‘You can’t do that to us.’’ CHILD NUTRITION PROGRAMS cratic end of it out, but in the overall Now, WIC unfortunately, the Women, The SPEAKER pro tempore. Under a picture of what we are also doing is Infants, and Children’s Program, low- previous order of the House, the gen- stepping up to the plate and balancing this Nation’s budget, of trying to birthweight babies, the nursing moms, tleman from Ohio [Mr. NEY] is recog- they do not have those kinds of lobby- nized for 5 minutes. reempower families to help them by ists, the same kind of lobbyists Mr. NEY. Mr. Speaker, once again, I reempowering them to make decisions, Safeway has or the agriculture groups think we have to make the facts and this is what it is all about. It is a have. known, especially in light of the last bigger picture. So food stamps is back on with inef- speaker. We are not cutting this pro- Because what we have done in this fective measures to deal with the $3 gram. We are increasing this program. country by letting Washington remain billion of fraud and abuse, but WIC is Here are the charts. Now, that chart the same old, same old, time after on the chopping block. It is going into is a hypothetical, what if, and I guess I time, is we have let a bureaucracy a block grant program about 80 percent could say that in an expenditure where build up, and as I told people from the of the funding it gets now, and 20 per- we would hypothetically have $20 bil- WIC organization yesterday, we have cent of that money can be diverted by lion or $30 billion to care for some type let it build up to the point if we do not the Governor of any State to any other of children’s program, I could say we take control now of this deficit, if we purpose they want. And they tell me, should have $60 billion to care for it, so do not take back control and ‘‘Don’t worry, the WIC program won’t we have really shortened and short- reempower families out in the heart- be hurt.’’ Well, there is an unmet need changed that program. That is what land, Mr. Speaker, in this country, we in my hometown of Springfield, OR, this chart is. That is exactly what this are not going to have to worry about and I know there are unmet needs in chart is. charts on either side of this aisle, be- many other towns across America, and The fact remains we are increasing cause there is not going to be anything the WIC program is one of the most it. Something I am going to agree left. We will have nothing to leave our cost-effective ways of meeting that about with the last speaker about a children. When we look in the mirror, need. successful program. yesterday I was in we are going to know we did not leave I met another gentleman, a man, who Zanesville, OH, Muskingum County, our children with a safe country. We was there with his baby. He and his Mr. Speaker, and the people that run did not leave our children in prosper- wife, both college graduates, both em- the WIC program were in, and it is a ity. And we did not leave, Mr. Speaker, ployed, but in the current job market successful program, and it is a good our children with peace. they are not making a lot of money; program, and I believe that we have So not only are we doing the right they are having a little trouble making recognized that time and time again. thing, not only are we increasing this, ends meet. They are new parents. They We are recognizing it again and again we are also looking at a bigger overall qualified for the WIC program. They and again by saying we believe in it picture to restabilize this government, are getting nutritional supplements for and we are going to increase it, and to reempower where it counts, in the their baby, and they have learned a lot here is the chart that tells we are hands of the citizenry, Mr. Speaker. about parenting through this program. going to do it. And with that, I think we have just I met another woman there whose So we have not said it is a bad pro- got to stay to the facts and quit using child had had a routine pinprick blood gram. We have no question of the effec- scare tactics from this side of the test. They do that to the kids who tiveness of the program. We have no swamp, not the well, to use this type of come into the program to see if they question how it has helped people. scare tactic. We should speak to the re- have any deficiencies. They discovered But I have got to tell you, they call ality of what we are trying to do, to that that child had childhood leuke- this the well. They ought to rename it make a better America, and that is mia, and the child is now in treatment. the swamp, because I think we get to a what we are. We are sending our mes- But this program in their world will low point when we come in and bring a sage, Mr. Speaker, to you tonight and not be required to exist anymore be- picture in and try to say that by in- to our colleagues, and we know that if cause of all of the Federal bureaucrats creasing this we are going to do harm we work together in the bigger picture, mandating so many things. I was there to children. I think that is absolutely we are going to give back to families yesterday. I did not see any Federal bu- ridiculous. their dignity and give back to families reaucrats. I saw a bunch of healthy, Let us state the facts as they are, their ability to help empower them- happy kids. I saw a bunch of parents and the fact is that it has been a good selves for a better future. who were doing better and getting just program. The fact is that the new way f a little bit of help, and most everybody to do the WIC program does not take The SPEAKER pro tempore. Under a there was working. Funny thing, given away counseling, as the last speaker previous order of the House, the gentle- the current minimum wage; and how told you, Mr. Speaker. It does not, be- woman from Washington [Mrs. SMITH] well do you think you can provide for cause nothing changes in this program. is recognized for 5 minutes. H 3130 CONGRESSIONAL RECORD — HOUSE March 14, 1995 [Mrs. SMITH of Washington ad- Government and sending the money on more micromanagement, more bureau- dressed the House. Her remarks will down. crats, more waste, fraud and abuse appear hereafter in the Extensions of I heard in church Sunday morning a than I ever wanted to deal with, and we Remarks.] teacher in Hamilton County, Ten- are up here trying to do something f nessee, said, We have got problems about it and they are not telling the with school lunch programs. Those peo- truth. CAN THE FEDERAL GOVERNMENT ple who are in need are not getting the Now, if we are going to have a legiti- SOLVE THE PROBLEMS OF services because people who do not mate dialog in this country about what AMERICA? qualify are abusing the system. People is best for our children and our future, The SPEAKER pro tempore. Under a are applying for and receiving free let us at least be honest. We are not previous order of the House, the gen- lunches in our schools and they drive running campaigns anymore. That up in about BMW’s to let their kids off tleman from Tennessee [Mr. WAMP] is comes up next year. You know, we recognized for 5 minutes. in the morning. You know why that knew when we got into it you would happens? Because this is a big Federal Mr. WAMP. Mr. Speaker, I rise to- not tell the truth about us in our cam- bureaucracy micromanaged out of night to ask a series of questions and paigns. That is part of campaigning. Washington, DC, and every time we to make some statements, and the first This is lawmaking. This is serious busi- have turned these programs over to the question is: Can the Federal Govern- ness. Federal Government they have got out ment solve the problems of America? Let us at least tell the country the of hand. Fraud sets in and money is You know, I asked that question as I truth on this issue of block grants be- wasted and people do without. campaigned for the last 4 years. cause this is the beginning of In about 2 weeks, this House, I be- I really believe the average person downsizing the Federal Government, lieve this majority, will vote to put out there is this country does not returning the power and the money to $500 in the pocket of every child in this the States that have acted responsibly. think for a minute that the Federal country whose parents are working and Government is going to solve the prob- paying taxes. That is the kind of child f lems that we have in this country, and relief—that is the kind of child support there is a tremendous amount of misin- that we need to be engaged in, and THE SCHOOL LUNCH PROGRAM formation and disinformation. there is more help on the way. We are The SPEAKER pro tempore. Under a I returned to Washington today from sending this money back to the States. previous order of the House, the gen- Chattanooga, TN, my home, and I can We are not cutting or eliminating any- tleman from Kentucky [Mr. WHITFIELD] tell you from being there this weekend thing, and my colleagues have said that this issue has outraged so many that over and over again. is recognized for 5 minutes. people who know better and know that What I think this really boils down Mr. WHITFIELD. Mr. Speaker, when there is some untruth being told. The to is whether or not we trust our State the school lunch program was started words ‘‘cutting’’ and ‘‘eliminating’’ are and our local governments, because I back in 1946, the research that I have being used over and over again on edi- do not believe the liberals in this coun- done indicates that the program cost torial pages all across this country. It try will acknowledge that our States about $70 million that year, and the has gotten so out of hand that small and our local governments have done a projections indicate that by the year children are writing letters to Members better job than we have done up here in 2000 the food programs in the United of Congress, I am sure at the instruc- Congress for the last 30 years. States will be approaching $7 billion. tion of their teachers or maybe even You know, they are balancing their Now, when you talk about hunger in their parents, saying, ‘‘Mr. Congress- budgets at home. They are responsible. America, I want to emphasize this man, please, don’t cut my lunches. They have got their priorities in order. evening that those of us on this side of Please, don’t eliminate the food from They are not about to go out and bor- the aisle are just as concerned about my table.’’ row money with a credit card like the welfare of children throughout America as those people on the other b 1945 these voting cards here. The worst and most expensive credit card in the his- side of the aisle. They certainly do not And another question I have tonight tory of the world here is the credit card have any sole discretion about and con- is, who is actually taking advantage of that Members of Congress use to vote cern for the needs of children around children here? When you ask small in this Chamber, moneys that they do this country. children who don’t know any better to not have, and it is out of hand. We have But when you have a program, and I write a letter to their Congressman got to do something about it. might also add that in addition to this with the threat that you are going to So let us send the money back to the school lunch program, there are thou- take food off of their plate in front of responsible governments, the State and sands of programs out there to provide them and they are not explaining to the local governments. I know in my help to American citizens, and that is these children what the truth is. home State that our governor and our part of the problem, because you can- You know block grants is what we State legislature is going to do the not solve a $4.7 trillion deficit problem are talking about. Decentralization is right thing with these moneys when we in America without coming up with what we are talking about. It is a rec- block grant them back there, and if new approaches and new solutions to ognition that things are not working, your program is good, you will get very difficult problems. things have not been working. Federal more money, not less money, through Now, all of us would like to do every- Government got too big, too powerful, block grants and then you won’t have thing that we can do to eliminate hun- out of control. It is outrageous, and we the Federal Government breathing ger in this country. We would like to are trying to block grant these dollars down your throat on everything. eliminate disease in this country. We back to the State and the local govern- I want to close with a statement I would like to eliminate child abuse ments. know you have heard before but we completely in this country. All of us You know, Al Harris runs the Chat- need to remember it right now, 1995, agree to that. But we have a signifi- tanooga housing authority in my home while this country is at risk. A govern- cant problem. How do we continue to city, and does an outstanding job ment big enough to give you every- provide the money for all of the thou- there. They are concerned. Let me tell thing you want is a government big sands of programs out there, whether you what he says about block grants. enough to take from you everything they are child care programs, breakfast He says block grants work. He says, you have. programs, lunch programs, after school ‘‘Send the money down, unleash the Patriotic, freedom-loving Americans programs, child abuse programs, or shackles. We got too many rules, too need to recognize that our Federal whatever they may be? many regulations, too much bureauc- Government is out of control. We have So the challenge that we have is to racy. Send us the money. We can got more government than our Found- come up with innovative solutions to produce.’’ He looks at this as a good ing Fathers ever wanted. We have got provide the maximum benefit for chil- thing, as decentralizing the Federal more government on a Federal level, dren throughout America at the lowest March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3131 cost, and that is what this block grant BLOCK GRANTING THE SCHOOL- spent on administrative expenses at does that we are now proposing. BASED NUTRITION PROGRAMS the State government level, ensuring We are trying to send this money The SPEAKER pro tempore. Under a that more funds are spent on nutrition back to the State and say, bureaucrats previous order of the House, the gen- services for children. in Washington are not close to the tleman from California [Mr. RIGGS] is And, ladies and gentlemen, let me problem. The people in the State may recognized for 5 minutes. just stress that this is part of an over- be more innovative. Some governors Mr. RIGGS. Mr. Speaker, I had to all approach by Republicans in around this State have shown in the participate in this particular debate reinventing and downsizing the Federal last 10 years that they can come up because it has grated on me, quite hon- Government. We are attempting to re- with innovative programs to make a estly, as a member of the House Appro- spond to this patchwork that we have real difference in saving dollars and priations Committee and a member of today of over 600 separate Federal cat- providing more benefits for the recipi- the Economic and Educational Oppor- egorical programs that have been au- ents, and that is what we are looking tunities Committee. I see a couple of thorized by past Congresses over a pe- for in this block grant on this school my colleagues here, Mr. GOODLING, the riod of many years, and as a con- lunch program. chairman of the full committee, and sequence, we are putting forward pro- Now, many speakers have already in- Mr. CUNNINGHAM, one of the sub- posals to radically reform this current dicated today that our program pro- committee chairmen, and it has grated maze of congressionally mandated gov- vides 4.5 percent more nationally for on me to hear these repeated false- ernment human service programs. this program each year over the next hoods and exaggerated claims coming We are considering proposals that we few years. But I want to, as we have from the other side of the aisle. will be bringing to the House floor in talked about this program in very gen- It has also reminded me of that won- coming weeks to consolidate block eral ways, we have not been specific derful statement that there are really grant programs in the areas of edu- enough on how the program really three kinds of lies. There is lies, there cation, job training, nutrition, child works. And I want to take a moment is more lies, and there is damn lies, and care, and welfare. this afternoon to talk about that. we have been hearing an awful lot of And why the block grant approach? First of all, in a school lunch pro- damn lies and out and out falsehoods Well, the obvious reason. This is a fun- gram in America today, there are three propagated by our friends on the Demo- damental and long overdue reform nec- basic programs. First of all, there are cratic side of the aisle regarding our essary back in Washington because those children who receive free plans with respect to block granting these Federal categorical programs are lunches, free breakfast and free snacks, the school-based nutrition programs too proscriptive. They are overregu- and they receive it because they are back to State and local education lated. They are incredibly fragmented. somewhere between 135 percent and 185 agencies and our plans to dramatically As my colleagues on the Committee on percent of the poverty level, and they overhaul and reform the American wel- Economic and Educational Opportuni- should receive free food because they fare system. ties will attest, when you are talking are not going to get a nutritious meal Now, I am a former school board about 153 federally mandated job train- anywhere else and our program is member. In a sense, that is how I cut ing programs for adult and youth, we going to see to it that they continue to my political teeth, because believe me, are obviously talking about govern- receive it. school boards remind one of the old ment gone amuck and creating far too Then the second group of students, in saying of I think the late Speaker Tip many programs that can be reasonably my home State of Kentucky, the aver- O’Neill, that all politics are local, and administered for productive results and age meal at lunch time on the school I have a great deal of confidence and actual benefits to recipients. lunch program costs $1.60 approxi- faith in those men and women who So these programs are fragmented mately. And this second group, they come forward, purely in a volunteer ca- and many times often duplicative with pay 40 cents for that lunch. pacity, to serve on the school boards of the programs at the State and even Now, the Federal Government each their local communities. local government level. We think block month writes the local school board or I am fully confident that they will granting will actually encourage flexi- school nutrition program a check. For provide for the nutritional needs of our bility, local control, innovation, and those students who paid zero for their school kids at the local level and that ultimately greater accountability. lunch, the Federal Government writes is obviously the best way for govern- And why are we taking this ap- a check for $1.60 for every meal served, ment to function. proach? Because we want, by cutting and by the way, 25 million meals are Now, we believe that block granting down on Federal bureaucracy here in served around this country everyday. the school lunch and breakfast pro- Washington, to apply those cost sav- And for those students who paid 40 grams, obviously, as this chart indi- ings to reducing the deficit and ulti- cents, the government writes a check cates that my colleagues have made re- mately balancing the Federal budget, each month for $1.20 to the local school peated reference to tonight during spe- as we have promised our fellow Ameri- program. cial orders, we believe that our block cans we will do by the year 2002. Now, there is another group of stu- grant programs to State and local edu- The only way we can do that is to de- dents and those are students who be- cation agencies obviously does not centralize authority and responsibility, long to their parents, may be doctors, mean the end of nutrition assistance to and, yes, funding and revenues back to may be lawyers, may be businessmen, needy children. Instead, what it means the States. In turn, we will be dispers- coal operators, coal miners, but they is the end of funding to Federal bureau- ing power to our fellow citizens and can afford to pay for their lunch and crats. will be empowering those Americans they pay $1.20, still 40 cents below the Some facts to go with the chart as we who are most in need of government cost of the lunch. And then on top of have attempted to reinforce tonight services and encouraging them to take this—the Federal Government writing with our colleagues, and also to the greater responsibility for their own a check for the balance between 40 American citizens who might be view- lives and their own destinies. cents and $1.20, we also sent an addi- ing these proceedings, some facts. I have to tell you, Mr. Speaker and tional 17 cents for all meals served. Number one, funding in the nutrition colleagues, I wish the President and So all I am saying is that we can pro- block grant will increase 4.5 percent my colleagues on the other side of the vide a program where the wealthy chil- per year, as the chart indicates. aisle here cared enough about our chil- dren in this country pay their full Number two, at least 80 percent of dren to balance the budget. I want to share and we can benefit more poorer the funds must be spent on low-income say that one more time. I wish our children, provide better nourishment, children, that is to say, the neediest of Democratic colleagues cared enough more nutrition, and I think that the children in local schools around the about our children to balance the budg- entire country will benefit from this country. et. That is simply not the case. innovative approach to the school And number three, not more than 2 In conclusion, we believe that we lunch program. percent of the block grant funds can be have a moral imperative to balance the H 3132 CONGRESSIONAL RECORD — HOUSE March 14, 1995 budget, and that is exactly what we in- And again we could say, ‘‘Well, the its growth, the unique combination of tend to do by taking these innovative President is cutting children’s nutri- heavy rainfall, wet soils, and frequent approaches here despite the opposition. tion.’’ He did not. But what we are high winds cause trees like this giant f doing is taking a look at how we can 500 year old Douglas fir to blow down. make it more effective. Republicans Thousands of these blown down trees b 2000 believe that government works best are rotting on the forest floor right THE SCHOOL LUNCH PROGRAM that is closest to the people. now. This tree had the chance to be dif- AND BASIC MATHEMATICS I spoke yesterday to seven of prob- ferent. Mr. Jim Carlson can be seen in ably the most liberal school super- this picture. He tried to purchase this The SPEAKER pro tempore (Mr. intendents in existence from Los Ange- tree from the Forest Service to be cut LUCAS). Under a previous order of the les, from San Francisco, from San up in his sawmill, which used to em- House, the gentleman from California Diego, and Oakland, and Fresno, and do ploy about 100 people. The Quinault [Mr. CUNNINGHAM] is recognized for 5 my colleagues know what they said? Ranger District refused to sell this tree minutes. ‘‘DUKE, we not only want you to block to him. Mr. Carlson then came back to Mr. CUNNINGHAM. Mr. Speaker, the grant it, we want you to get the money the Forest Service and asked that he gentleman from Texas [Mr. ARMEY] has to us directly in the LEAs so we can be sold this tree and two other downed got a Ph.D. in economics, and the Dick use it in the local school district, so we trees for use in construction of an in- Armey formula for basic math says, ‘‘If can disburse it and cut out the State terpretive building that he wished to you increase spending by more dollars bureaucracies, let alone the Federal construct at his ranch as part of an the following year than you have spent rules and regulations. We want to get economic diversification project. This on it in the current year, that’s an in- it to our kids, and, when we’ve got only would have allowed Mr. Carlson to get crease. If you spend less dollars the 23 cents out of every buck that gets into the tourism business, which, if we next year, that’s a decrease.’’ That is down to the local school district, some- had put him out of the sawmill busi- Dick Armey basic math. I would offer a thing is wrong. There is too many bu- ness, is the least we could do for him. book called ‘‘Basic Mathematics’’ for reaucracies, too many regulations, too The request was denied in spite of the my colleagues on the other side be- many reports.’’ cause I am the subcommittee chairman Mr. Speaker, that is what my col- fact that a provision for this type of that went through the process, and we leagues on the other side will protest, sale was contained in the Grays Harbor sat and figured out what is the best and let me tell you something we did Federal Sustained Yield Unit Agree- way to improve programs that work do in this committee. ment. good, but yet we can still improve In California we have 400,000 illegal The taxpayers are the big losers in them. immigrants, children, K through 12, this story, though. This tree would Mr. Speaker, I had a Democratic page 400,000. That is 800,000 meals per day to have produced approximately 21,000 come up to me and say, ‘‘Mr. illegal kids. That is over a billion dol- board feet of lumber. To put this in a CUNNINGHAM, we see the rhetoric on lars a day. At $5,000 each to educate better perspective, 800 board feet this issue. I’m a Democrat, but why are those children, that is $2 billion a year, equals one cord. The sale of this tree my own Representatives lying about and they want to feed kids. by the Federal Government to Mr. the facts over and over again?’’ Do we want to feed all the kids of the Carlson would have brought the tax- We are adding dollars to the chil- world? Yes. But do we want to do it at payer between $10,000 and $20,000 for dren’s nutrition programs. What we are the expense of American citizens and that one tree. Mr. Carlson would have cutting is Federal bureaucracy, and the American kids? The answer is no on been able to sell lumber from this tree Clinton Democrats will do anything our side of the aisle. We cannot afford for approximately $60,000 at retail they can to protect those bureauc- to feed the world. We want to feed rates. Conservatively this would be racies. American kids and make sure that the enough lumber to build two modest Is the school based program, the chil- dollars get down to the people, and we homes. dren based program and family based are increasing those funds, not decreas- The sad end to this tree came in a program; are they fairly effective? Yes, ing those funds. We are eliminating bu- perfectly legal, though terribly waste- they have been worked on with biparti- reaucracies, not increasing bureauc- ful, manner. An out-of-work timber sanship by my chairman, the gen- racies and making it much more effec- worker, armed with a firewood permit, tleman from Pennsylvania [Mr. GOOD- tive to do that. cut up this grand old giant for $5 per LING] and Mr. FORD who was his prede- Now in practicality are schools going cord. This amounts to about $120 to the cessor. And have they worked in the to go in and eliminate those kids? No, taxpayers of this Nation instead of past? and do they work presently? Yes, they are not. $10,000 to $20,000. but, if we can remove the mounds and f The rest of the story, as Paul Harvey mounds of paperwork, the Federal re- likes to say, is that this past year, this porting that we have to go through TIMBER SALVAGE timber worker had his home sold on every day. And back here in Washing- The SPEAKER pro tempore. Under a the steps of the county courthouse for ton we have got those Federal bureau- previous order of the House, the gen- $931.91 in back taxes. At the same time, crats that have got to receive all those tleman from Washington [Mr. while the Quinault Ranger District reports and justify their existence with METCALF] is recognized for 5 minutes. would not sell this tree for lumber, those reports. Mr. METCALF. Mr. Speaker, this they did not have enough money to Mr. Speaker, that is what the Demo- week the House will take up consider- purchase the diesel fuel to run their crats will fight to do, anything they ation of the emergency timber salvage road grader. can in their power to spend and be re- sales amendment. This is an amend- Now environmentalists claim that elected. ment designed to make use of timber these trees are necessary for the nutri- Let us take a look at what President that would otherwise be left to rot in ents they provide for forest floor. Yet Clinton projected in the 1995 budget. He the forest. The Forest Service esti- forestry scientists say that 90 percent projected a 3.1 percent increase. We are mates that over 20 billion board feet of of the nutrient value is found in the increasing it by 4.5. If I was a Demo- dead, dying, and downed timber is now crown of the tree, while 80 percent of crat, I would say, ‘‘Well, President in the forests of America. the fiber is found in the trunk. The 80 Clinton is cutting children’s nutri- I am going to tell my colleagues the percent that we need and can be put to tion.’’ He did not cut it; he increased it story of just one tree, one of thousands good use contains less than 10 percent by 3.1 percent, and in the budget that in western Washington alone. This of the nutrient value. It is possible to he just spoke right up here, Mr. Speak- tree, and many others like it, blew have the majority of the fiber we seek er, in your chair, and pronounced to down on the Olympic Peninsula. This is from these trees, and at the same time the American public, he justified a 3.6 not an uncommon occurrence on the leave the majority of the nutrients be- percent increase, not a 4.5 like we did, Washington State coast. While this hind. This is a case where you can have but a 3.6 percent increase. tree grew in a region that is perfect for your cake and eat it, too. March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3133 Mr. Speaker, there are thousands of opportunity they have to have any lar committee in trying to find these trees just like this one in the Pacific kind of gainful employment. spending cuts, you know, Mr. GOOD- Northwest. When in full operation, Mr. LING, I do not really think—and you b 2015 Carlson could run his mill with only cannot say this and you would not say 150 trees like this one each year. He As a Democrat, on the second pro- this, because you are a very loyal serv- would employ 60 direct, full time work- gram, I will not vote to eliminate the ant of the people—but I do not think ers, with a payroll of over $1 million Low-Income Heating Assistance Pro- the Speaker of this House should go to from a yearly sales total of $7.5 to $9 gram. Twenty-five thousand senior the weakest people in this society and million. He would pay $200,000 to citizens in my district benefit every try to balance the budget on their $400,000 per year in corporate income year from that program. And for any- backs. tax, and would pay $1 to $2 million to body who comes from the north and I would have more respect if he fol- the Forest Service in stumpage fees. you know how cold the winters get and lowed through with some of the sugges- His employees would pay personal in- you know how tight those senior dol- tions he had, for example, with NASA, come tax on the over $1 million. In ad- lars are, I would love to be the oppo- in trying to get the money we need by dition, Mr. Carlson would employ up to nent of any Republican who votes cutting off some of the biggest leeches 40 other people in subcontractor posi- against the Low-Income Heating As- we have in this country who have their tions. These would be the timber cut- sistance Program. hands out and can pay for the lobbyists ters and haulers that would get these Let me also say as a Democrat, I will in this town to take out people’s logs out of the forest. Sadly, If these not vote to hurt seniors who are forced money and then they get kicked in the giants are not harvested within 2 years to buy these medigap policies when gut back in districts like mine. of being blown down, they are of no they really cannot afford supplemental I am proud to be a Democrat who is value as timber, and thus, no value to insurance. And that is hidden in this going to vote against this particular us as taxpayers. This is part of the rescission bill. I am proud to be a dem- rescission bill. emergency situation that we face in ocrat and stand at the side of every poor senior citizen in our country who f our forests. Unless we pass this impor- depends on that medigap insurance. tant legislation, these giant trees will BLOCK GRANTING CHILD NUTRI- Now, what is interesting about this rot back into the forest floor from TION PROGRAMS IS A BAD IDEA discussion is what the Republican which they sprang. We must use com- Party will fail to go after and this is The SPEAKER pro tempore. Under a mon sense to make the best use of our where my challenge lies with them. previous order of the House, the gentle- forest resources. Why do you not do anything about woman from Connecticut [Ms. f plugging the tax breaks that are there DELAURO] is recognized for 5 minutes. for corporate welfare? We hear a lot Ms. DELAURO. Mr. Speaker, block THE IMPORTANCE OF THE about welfare for ordinary citizens. granting child nutrition programs is a SUMMER JOBS PROGRAM What about corporate welfare? How bad idea, but it is not a new idea. In The SPEAKER pro tempore. Under a about getting rid of the $5 billion that 1982, members of this body felt it nec- previous order of the House, the gentle- is there to let these pharmaceutical essary to pass a bipartisan resolution woman from Ohio [Ms. KAPTUR] is rec- companies leave the United States and opposing nutrition block grants and ognized for 5 minutes. manufacture offshore? There is $5 bil- one of the signers of that resolution Ms. KAPTUR. Mr. Speaker, I am lion of the $17 billion right there. was House Speaker NEWT GINGRICH. pleased to rise this evening to help try How about $30 billion worth of trans- And in the resolution it said, to have a reasonable discussion to set fer pricing? All these foreign corpora- ‘‘Whereas the nutrition benefits pro- the record straight here. Tomorrow tions that operate in the United States vided to our Nation’s schoolchildren and Thursday this House will have a do not pay a dime of taxes. That is contribute significantly to the develop- major debate on actions to balance the twice as much as you need right now to ment of their learning potential, the budget of this country, starting with deal with the 15.3 billion. Federal Government should retain pri- the goal of $17.3 billion, trying to find How about all the multinational cor- mary responsibility for the child nutri- money to cut across the government, porations that have got their hands out tion programs and such programs and I think that the goal of trying to to the taxpayers of the United States should not be included in any block balance the budget is absolutely wor- like the market promotion program at grant.’’ And that is a quote. thy, and each of us in our capacities, as the U.S. Department of Agriculture? These statements, Mr. Speaker, are chairs of committees and as Members, We are subsidizing Pet Milk. We are as true today as they were in 1982. Our has to be a part of this very serious subsidizing Mars Corporation. We are Federal child nutrition programs work. task. I think that, however, as we try subsidizing Archer Daniel Midland & They help to fight hunger. They keep to plug the dike, the holes in the dike Company to the tune of millions of dol- our kids healthy, alert, and ready to of our increasing debt, this $17.3 billion lars a year. learn every single day. Block granting action is really going to be somewhat But who do you go to to try to cut child nutrition programs was a bad fruitless because at the same time when you want to balance the budget? idea in 1982 and it is a bad idea in 1995. there are billions flowing out the other You go to the kids in my district who Mr. Speaker, it has been said that side of the dike that we are not even don’t have work this summer. You go sunshine is the best disinfectant, so I taking a look at, and I want to talk to my senior citizens who cannot pay rise today to join my colleagues in about that tonight. their heating bills. shedding some light on the Repub- But let me say I am very proud to You know, I heard the Speaker say licans’ plan and its devastating impact rise as a Democrat this evening and something really interesting. He is in- on Federal child nutrition programs say that this will not be one Member terested in privatizing NASA. Well, I and specifically the school lunch pro- who will vote to eliminate the summer do not know if I want to privatize all of gram. jobs program, and I would love to be NASA, but I would be happy to be a The Republicans are at it again, in- the opponent of any Republicans who Democrat that supports privatization sisting that their proposal actually votes to eliminate the summer jobs of the space station. That would be $40 preserves and strengthens the school program—on that basis alone. In my billion. That is three times as much as lunch program. The very opposite is district there are over a thousand you need this first time out of the box true. young people; in fact there are 4,000 in before we start taking all of the nicks As these charts behind me show, each line, for the summer jobs program. We out of the weakest and most vulnerable year that the Republican block grant is want to provide the best opportunities people in this country. in place, school meal programs will be for our young people, and yet the first And I just want to say to my good cut. Over 5 years, funding for school place they look is the summer jobs pro- friend, the gentleman from Pennsylva- meals programs will be cut resulting in gram for our young teenagers; probably nia [Mr. GOODLING], who I know labors a total loss of $2.3 billion in the year for most of them, if not all, the first under great pressures of that particu- 2000. H 3134 CONGRESSIONAL RECORD — HOUSE March 14, 1995 And when you combine these cuts Let me conclude. As my colleagues ously, she either had not read H.R. 999 with cuts in the funding for the child have said, school lunches are an essen- or is not interested in knowing what is nutrition programs under the family- tial part of every child’s day and bene- said in H.R. 999. based block grant program, which fit every American child in the public I would like to do a couple things amounts to $4.6 billion, child nutrition school. We should not be tampering this evening. First of all, I would like programs will be cut by $7 billion over with a program that works. I say, leave to talk a little bit about the program the next 5 years. the school lunch program alone and that we now have. Because I have a What the American School Food protect the children of America. feeling that there are not too many Service Association—don’t take my f people out there that really even un- word—the American School Food Serv- derstand the present national school NATIONAL SCHOOL NUTRITION lunch program and that is what we are ice Association says, and what our Re- PROGRAMS publican colleagues do not tell us, is talking about. that inflation with regard to this pro- The SPEAKER pro tempore. Under If you do not participate in a na- gram rises 3.5 percent every year and the Speaker’s announced policy of Jan- tional school lunch program, you do school enrollment rises 3 percent every uary 4, 1995, the gentleman from Penn- not have to feed free and reduced- year. That is 6.5 percent. sylvania [Mr. GOODLING] is recognized priced meals except in three States, My Republican colleagues tell you for 60 minutes as the designee of the and that is why I have worked so hard that they are going to increase the pro- majority leader. to protect the national school lunch gram 4.5 percent. And it does not take Mr. GOODLING. Mr. Speaker, since program. the death of Chairman Carl Perkins, I a rocket scientist to figure out that 4.5 2030 from 6.5 is a 2-percent cut in this pro- have proudly accepted my role as the gram. What they do not do is to in- son of school lunch and child nutrition. But the existing program, you get re- clude increased school enrollment, the He was the father. imbursed from the Federal Government increased cost of food prices, and a I am really disappointed with the for free meals. Children of families downturn in our economy. press accounts of the last several below 130 percent of poverty, $19,240 for Also, according to the American weeks, with the accounts of some of a family of four, they receive $1.76, plus my colleagues, with those who are in- 14 cents in commodities, $1.90 sub- School Food Service Association, the side the Beltway as nutrition lobbyists. sidized by the Federal Government. bill cuts funding for school meal pro- I do not take exception to the fact that In the present program, if you re- grams and places our children at risk perhaps their philosophy is different ceive a reduced price meal, you come in the following ways: First, the Re- and they want to defend their philoso- from children of families between 130 publican plan means an end to free phy against mine. But I do object to and 185 percent of poverty, which is up meals for the poorest children in Amer- the fact that if they had read what is in to $27,380 for a family of four, and you ica. H.R. 999, I do object to the fact that receive $1.36 in cash and 14 cents in Currently children from the lowest they are being Herman Goebbels, who commodities. income families receive their meals was Hitler’s propaganda expert. And he If you are a full-program participant, free. In my State of Connecticut, more basically said that if you tell a lie your parents believe they are spending than 13 million free meals were served enough times and big enough and long the full price for your meal. These are last year. I went to the Simon Lake enough, you will get a lot of people to children of families over 185 percent of School in Milford, Connecticut, yester- believe it. poverty, over $27,380 for a family of day. In that very small community And that is very discouraging to me four. The Federal Government sub- they served 96,000 free meals last year. because, as I said, if it is a philosophi- sidizes, the taxpayers subsidize, 18 The Republican bill states that these cal difference, I do not have any prob- cents cash, 14 cents commodities. You children in the future may or may not lem with that. But if you will not read are not sending the full amount to receive free or reduced priced meals. what is in H.R. 999, I do have a problem school for your children who are par- And then it requires the States to with that. Or if you have read it and ticipating in a paying meal program. spend only 80 percent of the money you mischaracterize what is in it, I We did that for many reasons when that they receive under this block really have a problem with that. we were able to afford it. We did it, as grant toward providing free and re- Since the death of Chairman Perkins, I said earlier, to try to keep the school duced meals. They cut back the cost, I have shepherded, protected, and guid- lunch program going, the national then they say to the State: If you want ed these programs in Congress. I heard school lunch program going, so free you can spend only 80 percent; 20 per- someone say this evening that they and reduced price meals would be cent of that money you can spend on have a vision of the future for children. available. anything else that you would like to. I have a vision for the future of our We do not have the luxury to say The bill also eliminates current re- children. And that vision is to have the that we will continue to do everything quirements that low-income children healthiest children in the world. the way we have done it in the past, be- pay no more than 40 cents for a reduced But my vision goes beyond that. Be- cause as I mentioned, if you are grow- price meal. Schools would be able to cause my vision is I want them to have ing trillions of dollars of debt in a few charge these kids any price they a guaranteed hope that they can grab a years’ time, you are denying these choose, 50 cents, 75 cents or even $1 per piece of the American dream. same children any hope for a decent fu- meal. This is a hardship that many You cannot have it both ways. You ture in this country. working families simply could not af- cannot grow a debt by millions and Now, at the present time the Clinton ford. trillions of dollars every couple years budget called in 1995 for $4,712,000,000. Second, in addition to cutting $2.34 and expect that these children will ever Our proposal for 1996 is $4,712,000,000. billion from the program, the school have an opportunity to grab a piece of In the President’s budget, he pro- nutrition block grant would allow Gov- the American dream. poses $656 million in commodities. We ernors to transfer up to 20 percent of I heard someone else say, Terrible, no have $638 million in commodities. the funds they receive to another block counseling in H.R. 999. I do not know The President proposes for State ad- grant program. Further, Governors what bill he was referring to. He was ministration $92 million. We propose would no longer be required to make a not referring to H.R. 999. That I am $98 million. That is the school lunch State matching contribution to the sure of. But he said there was no coun- program as it is today. program. seling for WIC. The very first goal they Now, let us take a look at what we I will give you my own State. If the have to meet in WIC is that of counsel- have done in committee. The first Governor of my home State of Con- ing. thing I want to talk about is the dif- necticut had this kind of discretion and The last speaker changed her tune a ference between H.R. 4 and H.R. 999, be- he chose to exercise it, the School little bit later, but initially said, And cause I am giving some people who are meals program in Connecticut could then they can use the 20 percent for standing up here saying incorrect lose $2 million this year. anything they want to use it for. Obvi- things and I am giving the press the March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3135 benefit of the doubt, the fact that they their own nutritional standards based the auditors would just love to catch did not read H.R. 999, and are only on the most recent tested nutritional up with the gentleman. talking about H.R. 4. Let me point out research, or to adopt the nutritional What he said was that it is to our ad- the differences. standards developed for each block vantage, as I pointed out before, not to H.R. 4 is one block grant to the grant by the Food and Nutrition Board look too closely at who should get free States and combines all the programs. of the National Academy of Sciences. or reduced price meals, because we get H.R. 999, because we in committee did A big difference, folks. If you have much more money for free and reduced not accept what was in H.R. 4, the one not read H.R. 999, I would suggest you price meals. You can understand why block grant proposal, created in nutri- do it, and perhaps you would not come he and his district want to remain tion alone two separate block grants, and make statements on the floor that anonymous. The auditors would have a and then we created two additional are positively incorrect in relationship field day, and hopefully they will catch block grants for child care and other to H.R. 999. up with whomever it was that was programs. It was mentioned by my colleague speaking. H.R. 4 distributes funds to the States who is the chairman of the subcommit- The third concern we have and why based on the lower living standard, and tee that these programs have been good we think there needs to be change, does not take into consideration cur- programs. There is no question about only 46 percent of those students who rent participation rates. On the other it. Are there any programs that cannot would be paying customers participate hand, H.R. 999 provides States the first be better programs? Well, I will guar- in the program. Only 46 percent of year funding based on participation antee you, every program that the Fed- those eligible to be paying customers this year, a hold-harmless. However, in eral Government runs can be a better participate in the program. Part of the the next several years, it is based on program if Federal Government is not problem is that one size does not fit participation, which is exactly the way running the program. all. You do not feed Pennsylvania it should be based. And that is what we What program do you know that is Dutch what you may feed an Italian do in H.R. 999. totally outstanding because the Fed- community or an Irish community. H.R. 4 eliminated the entitlement eral Government has run it? I do not They determine, going by nutritious status of all programs included in the know of any. guidelines, what it is that these young block grant. H.R. 999, the program we What are the concerns of the existing people will eat, what will cause them are talking about, makes the school program? There are several. The com- to participate. But only 46 percent at nutrition block grant a cap entitle- plaint that we have heard over and the present time do. ment to the States, thereby ensuring a over and over again by the people who We have to do better. You cannot level of funding for each fiscal year. are on the front line, the people who support the program if you have a dis- H.R. 4 eliminated support payments are serving these meals, the people who trict that has 65, 75 percent free and re- for children in the school lunch pro- are preparing these meals, the people duced price. You have to get the paying gram with incomes above 185 percent of who are administering the program customers participating. And we be- poverty. H.R. 999 does not limit a back on the local level, is the com- lieve by giving the kind of flexibility State’s ability to support meals for the plaint that there is so much Federal that we do in this legislation, that that paying child. It provides that 80 per- bureaucracy, so much red tape, so local district will have an opportunity cent, and that figure was chosen be- much paperwork, that they spend to meet the nutrition standards, and, cause that is the figure at the present hours and much, much money doing at the same time, cause an influx of time for those who are receiving free this paperwork, meeting the bureau- the paying customer coming through and reduced price meals, it provides cratic requirements, rather than feed- that line because she will eat the meal that 80 percent must go to those who ing needy children. that will be served. are receiving free and reduced price Let me tell you what the American Let me talk a little bit more about meals. School Food Service Association just H.R. 999. Often times you get people The other 20 percent can be used for recently stated. This is the American who have not read it who are telling those who are below the 185 percent School Food Service Association. us, this is what is wrong with your pro- level of poverty, if that is what they gram. Somebody in one of the previous need it for, or it can be used for the in- First of all, they say it is less money. speeches referred to them. frastructure of the school lunch pro- Now, you know, I wish that chart were ‘‘School nutrition programs have be- gram, if that is what they need to keep still there, because I would like them come increasingly complex and more the school lunch program going, or on that chart to put the 3.1 percent costly, due to overly prescriptive, in- they can transfer it, not to anything that the President recommended for trusive and restrictive Federal regula- they want, as some people have said; 1995’s budget, and then see how it tions.’’ BILL GOODLING is not saying they can transfer it to one of the other this. I am quoting this from the lobby- comes out. I would like them to put block grants only, only after the per- ists who are the most active when you the 3.6 percent that the President sug- son who runs the program certifies talk about school lunch programs. gested for an increase for next year on that they have met all of our goals. I quote again, and complete the that chart, and then show me a little This is the difference between reve- quote: bit about who is saving and who is pay- nue sharing and block granting. We ing and who is cutting and who is giv- have set the goals. We have told them School nutrition programs have become in- ing more. I think they would have to creasingly complex and more costly, due to what the outcome has to be, and we overly prescriptive, intrusive, and restrictive turn to this side to look at the charts have a way to assess that. Federal regulations. Although there has been on this side. H.R. 4 set aside 12 percent of avail- extensive communication with USDA, little Do not talk about what your dreams able funds for the WIC program. H.R. progress has been made in simplifying regu- may be or what you think should be. 999 creates a family nutrition block lations and limiting regulations to those spe- That is not what your Commander in grant and reserves 80 percent of avail- cifically required by law. Chief, that is not what the leader of able funds for WIC. H.R. 4 contained no The second concern we have with the your party has recommended 1995 budg- guidance to the States regarding the existing program is there is some et, or the 1996 budget. use of funds. H.R. 999 establishes pro- abuse. Unfortunately, there is some We grow children, and I think it is gram goals, specifies the uses of funds fraud. A program that is as big as this, important that we understand that. We in each block grant, and contains re- I suppose one can expect that to hap- are growing children at a greater rate porting requirements which allow us to pen. But let me tell you what I heard than the President does in his 1995 determine whether or not States are on a talk show the other day. A gen- budget, than the President does in his meeting such goals. tleman called in. He said he was a su- 1996 budget. H.R. 4 did not require States to es- perintendent of schools in Texas. He Let me talk about a couple other tablish nutritional standards for assist- asked to remain anonymous, and he most frequently mentioned untruths. ance offered under the block grant. asked that his school district remain They say how about an economic down- H.R. 999 requires States to develop anonymous, for good reason, because turn? Well, do you know any time this H 3136 CONGRESSIONAL RECORD — HOUSE March 14, 1995 Congress has walked away from those Let me just move on to one or two we have helped these people grab a part in need? What do we do when there is a other areas. We build into our program of that American dream? We have done flood that we have not budgeted for? a reward for participation. That is the just the opposite. What we have done is What do we do when there is an earth- way it should be. As I indicated, you enslave them. We have put them in quake that we did not budget for? We have to attract the paying customer in shackles, Federal shackles, to make come back for supplementals. there. You have to attract them to sure that they never have an oppor- But we built into H.R. 999 help for keep the program going. tunity to get a piece of that American this same situation, because we say What we say is the first year, you are dream. you do not have to return your money held harmless and you will get, your We are going to change things so at the end of the year if you have a sur- State, the same amount of money. they do have that opportunity, so that plus, because you had a good year. You After that, however, it is all on partici- they too can be participants giving to have a two year carryover. You had a pation. It goes down slightly each year, this Nation, participants who can grow good year in 1996, you saved money; where you will get 95 percent based on independently and not depend on the you have a downturn in 1995, you have your previous year, but you get 5 per- Federal Government. that extra money. cent if you have an increased participa- I yield to my colleague the gen- Now, let me tell you what we do be- tion. The next year it is 10 percent. tleman from California [Mr. yond 4.5 percent. We probably get to That is an encouragement to get them CUNNINGHAM], the subcommittee chair- the 5.2 CBO that they like to put over to do a better job. That is an encour- man. there. We may even go above it, I am agement to get more children partici- Mr. CUNNINGHAM. I thank the gen- not sure. Because when you think of pating in the program. tleman from Pennsylvania. the cost of the bureaucracy, when you I have spent too much time, and I al- Mr. Speaker, you will not hear of a think of the cost of the red tape, when ways have to laugh when people say, Republican or at least even very many you think of the cost to the local people who wrote this ought to get into Democrats that will say that the chair- school district to meet all of these nu- the schools and see what is going on in man, the gentleman from Pennsylvania trition paperwork programs coming the schools. For 22 years, I participated [Mr. GOODLING], has ever attempted to from the Federal level, there is a great in school lunch every day, every day, hurt kids. He has spent his life protect- deal of money to be saved, to be used sitting with the students, eating a ing them, Mr. Speaker. not to feed bureaucrats, but to be used school lunch, and for the 20 years here, I would ask the honorable chairman, to feed children. I have tried to improve on that pro- how many children can we feed on a gram year after year. Then I become bankrupt country? And today we are b 2045 most upset. Even a good friend sends looking, where every child over their That is what we are in the business out a ‘‘Dear Colleague’’ totally distort- life, lifelong interest and account on to do. ing what happened in 1982–1983. the national debt, will be saddled with We heard a couple of people be aw- In 1982 and 1983, it was not that side a $180,000 debt. Yes, it will be indexed. fully cute. I mean, they wanted to be of the aisle that stopped some of those You will have to pay the increases with cute. Unfortunately, they were not too revenue-sharing block grants. It was inflation. That is before you buy a car cute, because they did not read what this side of the aisle, those of us who or a home or everything else. this administration is doing. were on this committee, because they We are also looking at a Medicare You had the President of the United were revenue-sharing. They were not system that is going bankrupt and will States hold up a bottle of ketchup. You block grants. It was revenue-sharing. be in the near future. If we do not at- had the minority leader hold up a bot- I have always said if you are trillions tack waste in government by bigger tle of ketchup. And they were trying to of dollars in debt, it is pretty tough to bureaucracies, then it is going to affect bring up this old game they played go back home and say, ‘‘We’re revenue that. back in 1982 or 1983, which was over- sharing.’’ The only thing we had to I would just like to make two quick played, which had nothing to do with share is debt. statements and I have a lot of my col- reality, saying that somehow or other These block grants set the goals, say leagues that want to speak, and I if you had those nutritious standards, specifically what has to happen, and would yield back to the gentleman. the people back there who run these then give enough flexibility so the One, when the other side of the aisle programs would feed a child a half cup local district can make them work talks about cuts, I have been here for 4 of ketchup. even better than they presently do. years. The rhetoric was confusing to First of all, let me say, they could Let’s not mix apples and oranges. the American people, where Democrats not afford to feed every child a half cup There is no comparison to what is in were saying, Well, look what we have of ketchup. It is much easier and H.R. 999 and a revenue-sharing, mas- done, we have cut this budget, but yet cheaper to feed the child a half cup of sive block grant. That is why we de- the American people could not figure vegetables than it is to feed them a signed H.R. 999, rather then go on with out how we keep spending more. half cup of ketchup. So it had nothing H.R. 4. I have an example, Mr. Speaker, that to do with reality. I would hope that those of you who if my mom in San Diego, California, But how did they get ketchup on were listening this evening are begin- Escondido, said, ‘‘Son, we have a tur- their face? They did not check what ning to understand exactly what we key this Thanksgiving and next the nutrition standards are now in have done, and what we have done is Thanksgiving, your brother and family their own administration, because given an opportunity to grow more is coming over. I am going to project would you believe it, they can count children thant the President has re- that I need 10 turkeys for next year.’’ ketchup in their calorie count? quested, more children than would Well, a few months before Thanks- This administration, who was second- have been appropriated, and make sure giving, Mom calls up and says, ‘‘Son, guessing the people back home saying that that increase is there year after your brother can’t come, he’s got to that you are feeding too much fat, year. work, but the family’s coming. I’m what the people back home were doing I am proud of our end product, very only going to need 7 turkeys instead of was following their rules and regula- proud of that product. I know that peo- 10 turkeys.’’ tions, their nutrition standards. ple are fearful of change. Nobody likes Under the Democratic accounting Now, why should we trust them to change. You fear change. Folks, change principles, I have just cut 30 percent of continue to tell the people back home is inevitable. Not only is it inevitable, the turkeys, when in essence I have in- what is the best nutrition that children it is positively necessary if we are creased it by 60 percent. I have gone should have when the very standards going to give these children, as I have from 1 to 7. I have not cut 30 percent. that they set out, then criticized the said several times, an opportunity as That is what they are trying to confuse people who met their standards and adults to grab a part of that American the issue with, with the other chart. said too much fat. dream. The second point is that I would like Again, I am afraid the two got ketch- Is there anyone out there who really to finish a statement on what the com- up on their face. believes that in the last 35 or 40 years mittee did on illegal immigration. March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3137 Would American citizens like to feed ple have been deceived. Some would solutions that will make a big dif- the world? Probably the answer is yes. say maybe more strongly they have ference, a positive difference, in the If you asked them the question, Would been lied to. But the Democratic lives of those persons that are trapped they like to do it on the backs of our Party, some of those who preceded us in the current welfare system. He un- children, the answer would be most here this evening, have distorted the derstands, and he assured me that he definitely no. facts and attempted to use children to and the other Governors understand, We have eliminated illegal immi- promote the political agenda, and one that there is importance in providing grants from all 23 programs that they by one they have paraded out on the nutritious school meals, and they do previously held. We have 400,000 illegal House floor to tell the story, make the not want to shortchange the kids. children in California, just in Califor- claims that House Republicans are tak- I truly believe that the States can do nia schools, K through 12, at over $1.33 ing food out of the mouths of children. a better job with welfare reform, that a meal. That is over $1 million a day, I have to say that nothing could be fur- welfare reform over and above what the 800,000 meals a day, just for illegals. ther from the truth. Federal Government has done, and the Mr. GOODLING. I would imagine The House Republican welfare bill House Republican welfare bill will en- they are receiving $1.90 a day. actually expands the Federal commit- courage creativity at the State level ment to child nutrition. Mr. CUNNINGHAM. No, I am trying instead of stifling it, and as a result, I I will admit, maybe our block grants to do it on a conservative basis. Then if am confident that we have offered a are a bad deal for Washington bureau- you look at an average in California, it positive alternative to the current crats. takes a kindergartner through high wasteful welfare system. school, 12th grade, $5,000 a year to edu- b 2100 I urge the American people to search cate that child. That is $2 billion a But they are a great deal for the out the truth, listen to both sides. I be- year. Yet we are decrying that we do lieve that you will find there is no rea- not have enough money for nutrition. local administrators of school lunches who no longer will have to wade son that you have to be lied to, to be We have added money for nutrition. deceived. We have cut the bureaucracies. But through tons of redtape to provide nu- tritious meals to schoolchildren. In closing, I just would like to reaf- what we also did is said, our priority in firm, restate, and it has been stated this country with limited resources, I would like to reaffirm what has al- several times, but I do not think it with the national debt getting out of ready been brought out this evening that I would like to inform the Amer- hurts to drum it a few more times, the shape, with the national deficit, and ican people and reaffirm that our pro- Republican bill increases funding for the President’s budget increasing the posal, the Republican proposal, in- school lunches by 4.5 percent per year. national deficit by $300 billion, our pri- creases funding for school lunches, as By the year 2000, we will be spending $1 orities are American children, and we has been said, by 4.5 percent each year. billion more on school lunches than we want to feed those children. We want The other thing that is important, I spend today. to make sure that no child under any think, to remember is that the total We are not taking the food from the circumstances goes hungry. Federal funding for the school-based mouths of hungry children. We are Should a high-income parent be sub- nutrition block grant over 5 years is streamlining the administrative costs sidized by the Federal Government? real money. It is $36 billion, and de- and allowing more money to be spent Absolutely not. But the chairman has spite this strong commitment to provided for those children 185 percent on lunches instead of paper, paper-shuf- school-based food programs, Democrats fling. below the poverty level that we are are trying to convince the American going to make sure that they are fed. So I think it is time, and I am de- people that the Republican Party has lighted, Mr. Chairman, that you have Again, the priority of disestablishing turned its back on the poor, and I big government and who should receive taken the leadership again to promote think it is time the American people the facts that should be aired so that the support are the kids that most know the truth. need it. the American people can sort through The school-based nutrition block the rhetoric and look at truly what is Mr. GOODLING. I yield to the gen- grant proposed by the party, by the Re- tleman from Michigan [Mr. in this welfare bill, this child block publican Party, will greatly improve grant bill and, frankly, I say again it is KNOLLENBERG]. the way we provide school meals to Mr. KNOLLENBERG. Mr. Speaker, I shameful that individuals would use needy children. It returns decisionmak- children as political props. thank the chairman of the Committee ing back home and removes the one- on Economic and Educational Opportu- I thank you for yielding, I say to the size-fits-all mandates that will allow gentleman from Pennsylvania [Mr. nities for yielding. I especially want to States to provide nutritious meals to GOODLING]. thank him not just for his leadership kids. Mr. GOODLING. I thank the gen- this year but for a countless number of Now, one of the things that I really tleman for participating, a member of years. do not understand is why the Demo- our committee, and I yield to another The gentleman from Pennsylvania cratic Party, certain members, are so gentleman from our committee, the has lived the life that many of us do distrustful of the States. The Federal gentleman from Florida [Mr. WELDON]. not have or did not have the oppor- Government does not have a monopoly tunity to do in terms of looking over on compassion and, contrary to popu- Mr. WELDON of Florida. I thank the the lunch programs from a perspective lar belief in this body by some, Con- gentleman. of a couple of feet. Most of us get most gress does not have all the answers, not Before I get into my remarks, I want of our information from a book, a all of the answers to our Nation’s prob- to congratulate you on an excellent newspaper, from a pamphlet, from lems. Governors and State lawmakers presentation of the true facts about the charts, information such as this. also have concerns about the well- Republican proposal to reform our I want to talk with my colleagues for being of children, and they live closer school lunch program, our child nutri- a moment about the school-based child to the fact, to those children. They tion programs, in ways that put more care block grant contained in the have a direct interest in promoting the food in the mouths of kids and helps House Republican welfare bill. It has health and development of the children more people in this country, and you been subjected to vicious attacks by in their States. They are not going to clearly, in your presentation, dispelled the White House and other defenders of walk away from those responsibilities. the falsehoods and the untruths that the status quo, and I say defenders of Just yesterday I had a chance to talk are being stated not only by people in government bureaucracy, of Federal to the Governor of my State, Governor the opposition but as well by people in bureaucracy. Engler, from Michigan. He is excited the media who do not understand what I appreciate this opportunity to take about this new majority in the House we are trying to do here. just a moment and, with my col- of Representatives. He is excited be- When I won my election, and this is leagues, tell the truth about the House cause they are willing to give him the my first time in Congress, I am one of Republican welfare bill. I believe for flexibility that he wants and needs to the new freshman Congressmen, I had a the last few weeks, the American peo- design and craft some of the innovative lot of people tell me, ‘‘DAVE, you have H 3138 CONGRESSIONAL RECORD — HOUSE March 14, 1995 got a tough job ahead of you. You face with innovative ways to change the people in that building know more some real serious challenges up there system for the better and, yes, there about the children in my district than in Washington, and the biggest one of are people who are stuck in the past, I do? Do they care more about the chil- them all, the budget deficit.’’ stuck in the old ways of doing business dren in my district than I do? Do they How do we rein in this budget mon- who are making claims that are not care more about the children in my ster? Clearly there was no other issue true. State than my Governor? I think if you that Republicans and Democrats came But I am very proud to be on the are honest with yourself that the an- together on more clearly than that committee with you, Mr. Chairman, swer would be no. issue. They all recognized it as being a and to be able to support you in this ef- I live in an area that in the recent serious problem, and how do we deal fort, and I can say that the other fresh- past in my lifetime, we have had abu- with it, particularly when we look at man members of the committee, the sive policies toward our fellow citizens. so much of the money that is spent up Republican members of the committee, There has been discrimination in my here in Washington is going to so many stand with you and are ready to help State and other States in the South very, very good causes. you get this program through and and throughout this country just not When I first was delighted to find make sure it does what we desire it to based on region where people did not that I was going to be on the Education do. get a fair break because of the color of and Economic Opportunities Commit- Mr. GOODLING. I thank the gen- their skin. That was wrong. tee with Chairman GOODLING, I was tleman for participating. very challenged to see what we could I now yield to the gentleman from I have experienced change, and change is good. States’ rights is some- do to make the system better and help South Carolina [Mr. GRAHAM], who is us move our Nation towards a balanced also a member of the committee. thing we talk about a lot. We have got budget so that we could have our chil- Mr. GRAHAM. Thank you, Mr. Chair- to remember in the past the States dren, instead of inheriting bankruptcy man. have been irresponsible at times in and debt, inheriting prosperity, so that I, too, have enjoyed the committee. treating their citizens fairly. our children would be able to have the We are dealing with tough issues, but I I can tell you this, that LINDSEY GRA- opportunities that I had as a young think in a responsible fashion. HAM is not one of those politicians. My man growing up in our Nation. The frustrating thing is to be on that Governor is not one of those politi- And there was probably no program committee at 2 o’clock in the morning cians. We have matured as a society. that I saw a bigger challenge than our sometimes to deal with this legislation The biggest fear and threat I think school nutrition and our childhood nu- and get up and read the paper the next minority citizens have today is a Fed- trition programs, because I have been day and wonder, ‘‘Is that the commit- eral Government that does not allow able to see firsthand the benefits of so tee that I was on?’’ It has been very dif- them to get off welfare and get a job. many of these programs. And I was ficult back home to get the truth out. The whole idea about caring has been very, very intrigued to see in the hear- So I had a news conference at the talked about a lot tonight. I just wish ings that we held in our committee statehouse with my Governor and su- people would admit that I care about that many of the people directly in- perintendent of education where we got the people in my district as much as volved in these programs were able to together and kind of held hands and anybody in Washington, DC, that my recognize that there were some very, said we can handle this at the local Governor cares about the children very clear inefficiencies. We had wit- level if you give us a chance, and I more than anybody in Washington, DC, nesses come before us telling us how think our new Governor, Governor in South Carolina, and block granting they were just burdened with too much Beasley, and the superintendent of edu- has a basic premise that that is the bureaucracy and too much redtape and cation, Mrs. Nelson, we can handle it if truth. If you believe that, you support how there is a separate application pro- we give them a chance. block granting. gram for the breakfast program, and a The thing that struck me the most Cost, we talked a lot about cost. separate application for the lunch pro- about this debate, there have been a lot Right now, 25 percent of the money in gram, and a separate accounting proc- of charts put up. There are, I guess, the WIC Program goes to administer ess for the summer nutrition program, two or three sides to every story. I am the program. We are trying to reduce and how much better it would be if we willing to concede something. I am the administration of these programs would block grant these programs and willing to concede the people on the eliminate bureaucracy. other side of the aisle care about chil- to get more money into the hands of After we held those hearings, I was so dren. I think people on our committee the State people with less cost to feed and take care of more children and delighted to see you, Chairman GOOD- care about children. I think people on more new mothers, and one way you LING, come forward with a program, a our committee care about children, the solution to this problem, that would Democrats. They just have a different can do that is cut out the Federal mid- allow us to eliminate bureaucracy, view of how government should inter- dleman. Every business in America eliminate redtape, and put more re- act in taking care of real problems. It works on that concept of trying to re- sources in the hands of State officials is OK to differ. That is what makes duce costs by streamlining the effi- that would allow them to feed more this country great. ciency of delivery. That is all we are kids, feed more of the hungry, and at I just wish certain people on the doing here. the same time help us move towards other side of the aisle would admit that And one thing I would like people at that desired goal of reining in this defi- LINDSEY GRAHAM cares about children, home to realize, why would Bill Clin- cit monster and moving towards a bal- because I do, and that David Beasley, ton propose a 3.1 percent growth in this anced budget. And we were able to do my Governor, cares about children. program, get on television, have his all of this in the framework of actually When it comes time to figure out how picture made in a school lunch setting, modestly increasing the funding for to change things, I would like people to and accuse the Republicans of cutting these programs at 4.5 percent per year. think of concepts. Block-granting is a the program when we have added more We had Governors come before us and concept that is not that hard to under- to the program than he has? I think tell us that in that type of an environ- stand. If you believe in a basic prin- the answer is pretty obvious. He has no ment they could feed many more chil- ciple that everybody cares about chil- agenda. He has abandoned welfare. The dren than what we were able to do with dren, that the people in South Carolina Clinton welfare reform proposal is the current system. maybe care more about the children in nothing. I think what we have seen coming South Carolina than the people in the We are doing something, and the only from the opposition for the past 2 Department of Agriculture, and I am way he can get out of this box is to weeks, the past 3 weeks, as well as lib- willing to concede the bureaucrats in criticize others who are taking an ac- eral members of the media, in my opin- the Department of Agriculture care tive role. ion, is just fear of change. The Amer- about people in South Carolina, but AL GORE’s Reinventing Government, ican people are the people who are ask- when you come up to Washington, in my opinion, is a joke. Nobody has ing for change. They voted in change drive by the Department of Agriculture come to my office and said, ‘‘Congress- on November 8, and we are coming up building and ask yourself this, do the man GRAHAM, AL GORE is going too March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3139 far.’’ I have not had one bureaucrat most honest and healthy debate I have sponsibility where parents should have complain about AL GORE’s Reinventing heard so far about this bill, because been having responsibility. Government. what I read in the newspaper and what And if I may go on a little further, b 2115 I have heard on the news and what I Mr. Chairman, into this, I have seen have heard from some of the special in- the consequences of malnutrition and I I have had everybody and their terest groups does not match what we expressed some of those concerns to brother in Washington complain about are seeing on these charts and what I you and to other members of the com- what we are trying to do to reform wel- have heard tonight. mittee and I was very alarmed and fare, and to me it is working because Let me ask anybody here, and Mr. shocked to learn that a substantial the right people are complaining. If Chairman or Mr. WELDON or Mr. GRA- percentage of the program as it was de- you want to change something, some- HAM, if you want to respond to this, we vised up here actually was going to body is going to complain and the peo- are actually going to be spending 4.5 feed the children of people who really ple that are complaining are the right percent more in each of the years and did not need this kind of financial sup- people. That is the bureaucrats in this the President only recommended what port, that there were lots of middle town. percentage increase? class and actually children from afflu- The people in my district, when they Mr. GOODLING. He recommended 3.1 ent families who were getting sub- are told the truth, are not complain- this year and 3.6 next year. sidized meals in schools, and this is one ing. They do not want somebody mak- ing $100,000 a year to get a subsidized Mr. GUTKNECHT. Three point one, of the very reasons why the Governors school lunch program. They do not 4.5. In other words, we are going to be came to us and said that they wanted want someone going to day care get- spending about 30 percent more than to take over managing these programs, ting a subsidized school lunch program the President recommended? because they, in their States at the if they can afford to pay for it because Mr. GOODLING. That is why I said I local level, like the gentleman from we are broke up here. would like to see them put their chart South Carolina was describing, can bet- The reason I am optimistic, Mr. up there and put his 3.1 and 3.6 over ter determine where the areas of pov- Chairman, that we are on the right there rather than talk about what a erty are, who would benefit the most track is because the right people are CBO baseline is. from these programs, and I thought complaining, those people that believe Mr. GUTKNECHT. It is interesting, that was wonderful that you could de- in big government, those people that because when we first came here, we sign this program through this block care about children, but believe the are all freshmen, we were not part of grant to go make sure that the people only way you can care is spend from accumulating this huge national debt, who really needed it were getting it Washington, DC. I believe you can care and I think we all made the pledge to and the people who did not need it were and allow people to take care of their our voters last year that we want to do no longer getting it. own at home and save money at the something about that, and we need I commend you and I commend the same time. I believe that very deeply some change around Washington. other members of the committee and and that is why I am supporting what We came here to change the way the staff who were able to come up you are doing and I will compliment Washington does business and yet what with this Child Nutrition Block Grant you on that very reasonable approach we have heard from many leaders on Program, and I think it is going to be to a real serious problem. the other side, including the person a tremendous success. Mr. GOODLING. I would yield again down at 1600 Pennsylvania Avenue, is Mr. GOODLING. One of the other to the gentleman from Florida. that they want to fiercely defend the tragedies, as I mentioned, that we had Mr. WELDON of Florida. I thank the status quo, and I think the American poor participation as far as paying cus- chairman and I would like the chair- people do want change. tomers are concerned in the School man, if he would, from his years of ex- In fact, it was less than a month ago Lunch Program, but there is an even perience here, perhaps he could com- that the President stood right up there greater tragedy. We have about 46 per- ment on why the President would do and he said in his speech that we were cent of free and reduced priced people such a thing as accuse us of cutting not giving the American people enough who do not participate in the program. these programs excessively when we, in change and now he had heard the mes- So I am saying, just because someone reality, increased the funding for these sage from the November elections. says it is a good program, it has to be programs over and above what the I did not know until tonight though a better program because that 46 per- President had requested? that we are actually going to be spend- cent are in need of the program and are He requested, as my colleague from ing 30 percent more than the President not participating. South Carolina very, very eloquently requested. As somebody said when we Mr. WELDON of Florida. If I may in- and appropriately pointed out, he re- first got here, people around here terrupt the chairman, could you ex- quested a 3.1 percent increase and we sometimes give the word ‘‘hypocrisy’’ a plain why so many of those people who on our committee, under your leader- bad name. need it are not participating in the pro- ship, came in with a 4.5-percent in- Thank you, Mr. Chairman. gram? crease, which is a 1.4-percent increase Mr. GOODLING. And I yield back to Mr. GOODLING. I think I said part of over and above what he himself had re- the gentleman from Florida. that in my opening statement in that quested, and then he engages in the Mr. WELDON of Florida. I just want the one size fits all from Washington, shameful act of appearing in school to thank the gentleman from Min- DC, we know best what is best for this lunch lines claiming that we are cut- nesota, and I just also would like to town or this city or this State, does ting these programs too much. share with the chairman that as a phy- not sell back home, and those people I do not understand that, Mr. Chair- sician who practiced medicine up until back home know what nutritious food man, and maybe you can explain that I came here, that I had the opportunity they can serve the children will eat and to me, and I took the liberty of putting firsthand to see the effects of malnutri- then you get the participation. up that chart there that I think shows tion and the medical consequences of Did the gentleman from Minnesota our growth, and maybe you could ex- that and how it really is in our Na- have any—I wanted to summarize. plain that to us here and let us know tion’s best interest to make sure our Mr. GUTKNECHT. On that point, I what those numbers mean. That is a children are properly fed. want to say and it has been said to- little complicated, but perhaps you However, I do feel that it is the pri- night, it is very important. People do could. mary responsibility of parents to make resist change and there is no institu- Mr. GUTKNECHT. If the gentleman sure that their children are properly tion that resists change more than a will yield, I say to the gentleman from fed and that we have had an erosion of monopolistic bureaucracy, and what Florida [Mr. WELDON], I am not a mem- responsibility in our Nation over the you are really trying to do is decen- ber of the committee and I want to many years that the minority was in tralize this program and that is what make—I am really glad that I came control because of an excessive tend- we have to do. It has to be consumer down here tonight because this is the ency of the Government to take re- driven. H 3140 CONGRESSIONAL RECORD — HOUSE March 14, 1995 The people out in the districts and REPORT ON RESOLUTION PROVID- the most basic, practical, and concrete the Governors are not heartless people. ING FOR CONSIDERATION OF programs ever devised by the Federal They want their kids to get nutritious H.R. 1158, EMERGENCY SUPPLE- Government where teenagers are em- meals as well. I think this is a good MENTAL APPROPRIATIONS FOR ployed during the summer, that also is plan. I think it is a first step. I think ADDITIONAL DISASTER ASSIST- on the chopping block. once we get more of these facts out ANCE AND RESCISSIONS, FISCAL In the rescission process, they have here—as I say, if I did not know that YEAR 1995 put zero in the budget for the remain- we were spending 30 percent more than Mr. DREIER, from the Committee on der of this year, reached into the cur- the President requested, if I did not Rules, submitted a privileged report rent budget, money that has already know that as a Member of Congress (Rept. No. 104–78) on the resolution (H. been authorized, programs that have until tonight, I will guarantee you that Res. 115) providing for consideration of already been authorized, money that an awful lot of American people did not the bill (H.R. 1158) making emergency has already been appropriated is now know that but they are going to know supplemental appropriations for addi- being taken out of the current budget it sooner or later. tional disaster assistance and making for the year which ends on September 30, 1995. That is called a rescission Thomas Jefferson perhaps said it rescissions for the fiscal year ending September 30, 1995, and for other pur- process. It is a cruel process of having best. ‘‘Give the American people the poses, which was referred to the House people who anticipate that they are truth and the Republic will be saved.’’ Calendar and ordered to be printed. going to get certain kinds of programs All we really have to do is get the facts f and funding suddenly wake up and dis- out about this program. I think the cover that it has been snatched away American people will see the wisdom of PEACE, JUSTICE, AND in this budget year, before we get to it. I think it is a good plan. We ought OPPORTUNITY FOR ALL the process of the next budget year, to pass it. The SPEAKER pro tempore. Under a 1996 budget year, which begins October I hope colleagues will join us in this previous order of the House, the gen- 1, 1995. because if the American people get the tleman from New York [Mr. OWENS] is So we are cutting programs which facts about this, they will buy into this recognized for 60 minutes. have relatively small amounts of idea. Mr. OWENS. Mr. Speaker, no discus- money attached to them when you Mr. GOODLING. Let me quickly say sion is more important than the one look at the total budget and benefit that I again do not argue with some- that is now under way here in Washing- large numbers of people, programs that body’s philosophy. If they have a philo- ton concerning the budget and all mat- have been demonstrated to be work- sophical difference, that is fine. If they ters related to fiscal appropriations able, programs which go straight to the believe one size fits all, that is fine. I policies. The discussion that we have heart of the matter and serve the poor- do not happen to have that philosophy. just heard is a very vital one. It relates est people in the country. We are cut- If they believe that the Federal Gov- to one small facet of the total budget ting them, and one of the questions is, ernment has all the answers to all the and one small portion of the Contract why are we cutting these programs and With America. problems, I do not have any problem not cutting other programs? And I will The question of school lunches and get to that later. with their philosophy. I do not agree whether they have been cut or not has with it, but I do not have any problem I think it is important to understand been thoroughly discussed and we will that the budget-making process is a with it. That is their philosophy. have some more discussion on it. It is vital part of a bigger process whereby If they believe that we have helped very important because in the process we are defining our vision for America those on welfare in the last 35 years, go of trying to save money on school as we see it, as we go forward the year on dreaming. I do not happen to believe lunches, there has been some trickery. 2000 and beyond. that. The only thing I request is, please We are moving under the cover of a read the legislation and then discuss block grant and we are talking about b 2130 the legislation. giving additional money to take care Mr. President, we are not cutting and of inflation. We are not discussing the What happens this year will deter- gutting school lunch and child nutri- fact that an entitlement is being taken mine what is going to be happening in tion programs. We are cutting bureauc- away, an entitlement. the next 10 to 20 years. This is a pivotal racy. We want to grow healthy chil- Every hungry child who has a certain year. It is a pivotal year because the majority in the Congress that has just dren. We are not trying to grow income level is entitled now to a free taken over has made it a pivotal year, healthy or unhealthy bureaucracies. lunch, which means that no matter and we should not back away from the And so I hope that everyone from the how large that number increases and how great it becomes, the free lunch challenge of making a lot of very basic Commander in Chief on down will read will always be there for the hungry decisions which will set the course of what is in H.R. 999 so that they actu- child. In the block grant process, there America for the next 10 to 20 years. We ally can participate in a debate intel- is a finite number of children who can will not back away from it. Let us just ligently and talk about the facts. And be fed. The Federal Government has understand that everything that is again, as you pointed out over and over only provided a finite amount of being done; those things that have dol- again, we are doing better to grow money. There is no supplementary lars attached to them, and many of healthy children than the President budget at the Federal level that you them that do not have dollars attached has recommended. can fall back on. You cannot go to the to them, are a part of a process to pre- I appreciate all of your participation treasury of the Federal Government. pare America for a future that is going this evening and I hope that the public They have washed their hands of the to be a future basically to serve a small has been listening and I hope that they process once they give the block grant. elite group of people or a future Amer- will now better understand what the So it is up to the States. It is up to the ica that belongs to everybody. I say it existing program is and what we are local government to pick up at that is a conflict, a battle, between the op- doing in the future to try to change to point and that is a part of the discus- pressive elite minority and the caring make sure that more children have an sion. We can talk more and more about majority. I think there is definitely a opportunity and more pregnant women that but it is only a small part of the cleavage here, unlike any we have seen have an opportunity to participate in total picture. before. nutritious meals programs. Let us not talk so much about what There is a group, which I call the op- has been cut so far, although that is pressive elite minority, who have a important, the fact that school lunches great deal of education, a great deal of are on the block and they are being understanding about now to use power. squeezed in devious ways to save They have a great knowledge of how to money. The fact that the summer use information. They know how to youth employment programs, one of control and make very good use of March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3141 media. But the oppressive elite minor- of the American people because there ple are not included in the vision of ity is lacking in compassion. The op- is a caring majority. this elite minority as to who America pressive elite minority has a distorted The people who came out to vote on should exist for. vision of what America should be all November 8 do not represent a man- They do not include construction about. This oppressive elite minority, date, did not offer a mandate, they do workers, for example, who always are a in charge of Congress now, has a vision not represent a body on which a revolu- part of the middle class. They made which seeks to throw certain groups of tion can be based. We had about 38 to good salaries in the past, and they have people overboard. It has a mentality of 39 percent of the people who were eligi- been supported in the past by both par- triage. It is basically saying that there ble to vote in America who came out, ties. In fact, most construction work- are some things that are not in the and half of those people voted for the ers a few years ago we would say would American dream for all people. In fact party that won the majority. The half definitely fall in the Republican Party. only a small group should benefit. of 39 percent, 38 percent, is certainly They had that kind of outlook on life. This kind of philosophy is a distor- not a majority of Americans. The They were part of the establishment, tion, in my opinion, of where we ought Americans who did not come out to making very good salaries, and we are to go. It is the wrong vision. They are vote, in a large number who came out surprised and shocked that the new op- clear on where they want to go. They to vote and did not vote for the win- pressive elite minority in control of are forceful about where they want to ners, they constitute the caring major- this Congress is moving rapidly to take go. But I say that they are very wrong. ity. away basic benefits from construction it is a mean-spirited approach. The caring majority is made up of workers. The repeal of the Davis-Bacon In fact, you can go further and say it people who are not wise enough to Act is high on the list, high on the is a dangerous and deadly approach be- come out to vote and who did not pro- agenda, of the oppressive elite minor- cause of its basic assumption that we tect their own interests in the proper ity/majority now in control of Con- cannot build an America that serves all way, but the caring majority also in- gress. They do not want to see con- people, we cannot have an America cludes a lot of enlightened people who struction workers paid decent wages. which provides freedom, peace, justice, do vote and who do not identify with They want to take out the Davis-Bacon and opportunity for everybody. The the policies of the elite oppressive mi- Act which controls the situation which patterns that they are laying out is a nority who won the majority of the can easily be exploited if it is not seats in the House. The caring major- there. They do not want to have much pattern which says we can only do it ity is made up with people who are not to do with organized labor in general. for an elite oppressive minority. necessarily homeless or do not even Our great middle class, the greatest The budget cuts are the center of this have the problem in getting shelter or portion of the American middle class, whole process of redefining what Amer- buying homes, but they recognize that have been working people tradition- ica is all about. The budget cuts are at there are homeless people in America, ally. We created a phenomenon that the center of the vision that is being and they want to see the America never existed in the history of the laid out by both groups. I think we which provides the opportunity for ev- world when we began to pay millions of should accept the challenge that is erybody to have a decent home. They workers decent wages. We created the being laid down by the majority party may not want to live next to homeless great American market, the great in the House of Representatives. people, and that should not be the test American consumer market, which sus- A challenge that they are laying of their compassion. The test of their tained this country and built our cap- down is that they have a vision for the compassion and their membership in italism into the strongest system of new world order, they have a vision as the caring majority is do they believe democratic capitalism in the world. to where America should be going, and that every American ought to have a Everybody wanted to get into the we would like to offer an alternative decent home, an opportunity to have a American consumer market, and we vision. I am the chairman of a Congres- decent home? A caring majority is have allowed in many cases too gener- sional Black Caucus alternative budget made up of people who are not hungry, ously—we have been too generous in al- committee, and we are going to accept people who have plenty to eat and have lowing the Japanese to get into the the challenge of offering an alternative good jobs, but the caring majority in- American consumer market, the Ger- budget, and that budget will be very cludes people who have good jobs, plen- mans to get into the American much a vision of where we think Amer- ty to eat, who are willing to look at consumer market, everybody comes ica should be going between now and people who do not have jobs and do not along with products, rushers to the the year 2000 or 2002. have enough to eat, and they are will- great American consumer market to Certain rules are being made about ing to support public policies which are sell products and to benefit greatly. how this budget is going to be handled. going to provide employment for all Japanese riches have been built on that The rumor is that we cannot bring any people. They are willing to support openness of our consumer market. alternative or substitute budget to the public policies which will allow every- That consumer market would not floor of the House unless that budget body to earn an income and be able to exist if we had not had the American shows where we are going to balance provide the basic necessities of food, labor movement, if we had not had a the budget by the year 2002. If we can- clothing, and shelter. The caring ma- situation where the forces combine, the not balance the budget by the year jority is made up of people like that workers themselves, and enlightened 2002, we will not be allowed to put it on who are voting and who will be on the Government starting with FDR, and an the floor is the rumor. It has not been side of those who are in need and who acceptance by the Republican Party, finalized yet. are being affected by the safety nets acceptance by the corporations, that it Well, we accept that challenge. If we which are being removed by this op- was good to have labor peace, it was have to prepare a balanced budget by pressive elite minority. good to pay decent wages, and we went the year 2002, that is the only way we We have a vision of America that is forward all together under that sys- can present the Congressional Black very different from the vision of the tem. Caucus budget alternative, then we oppressive elite minority. We are not But, no, we want to turn the clock will bring to the floor a budget which afraid to offer that vision. back and stop that in this present Con- will be balanced by the year 2002, but On the other hand, we recognize that gress controlled by the oppressive elite in the process of balancing the budget shortcomings of a vision of the elite minority. The oppressive elite minori- we are going to demonstrate what the minority, it is a vision of America for ty’s leadership right away took the vision of a caring majority is. We are the few. It is a vision of America for Education and Labor Committee and going to show how a budget can be bal- the privileged. It is a vision of America changed the name. They wanted to im- anced by making cuts of programs that for a new computer class. The cutoff is mediately insult labor by taking labor are really not in the best interests of whether you can own a computer or out of the name of a major committee the great majority of Americans. The not, I suppose from the kinds of lan- on Congress so we no longer have any budget that we will bring forward will guage used by this oppressive elite mi- committee of Congress that has the have the support of the great majority nority. Traditional working class peo- word ‘‘labor’’ in it. They proceeded to H 3142 CONGRESSIONAL RECORD — HOUSE March 14, 1995 move to repeal certain portions of the policies, budget policies, and other revenues necessary to finance the ac- National Labor Relations Act. All monetary policies. The steps that are tivities and the functions of govern- kinds of things are moving forward to being taken now are clearly defining ment and society that we deem are oppress and to squeeze the traditional what I call a high tech, a group of high necessary. It is an ongoing problem. We middle class of working Americans, technology barbarians, well educated will have to rise to the occasion. working Americans who do belong to people who understand how to use in- We will always have to raise revenue. the middle class. They want to redefine formation, but who lack compassion, We will have to eliminate waste. We the middle class and push down those and in the final analysis, because they have to set the right priorities. We will who before, who heretofore, have be- lack compassion, they lack the vision always have to be improving efficiency longed to the great middle class. necessary to carry us forward and build and increasing effectiveness. Public education is now under attack on the greatness that already exists in Any organization or any activity by this oppressive elite minority. The America. The vision of a caring major- that has ever been devised by human leadership of this Congress, majority of ity is very different from the vision of kind has a problem with efficiency and this Congress, the leadership now the oppressive elite minority. effectiveness. It has a problem with wants to eliminate the Department of b 2145 waste. The species Homo sapiens, Education. They have gone after edu- human kind, is not an administering cation programs with a large number The vision of the caring majority sees the possibility of peace, justice animal. We are not naturally good ad- of rescissions already before we get ministrators. Administration and man- into the process of making the budget and opportunity for all of the people. We do not see America going bankrupt. agement is something that human for next year. They want to pull back beings have to work at all of the time. funds for large numbers of programs in We do not want to preach scarcity. We are not Bangladesh. We have the re- It is a permanent, ongoing activity. this year. They propose first to cut I am not going to say that there is Head Start, and then when they were sources necessary to provide for a soci- ety and an economy that can support not waste in the welfare program. I am forced to back away from that, they not going to say there is no waste in have cut title I programs. The most peace, justice and opportunity for all of the people. the school lunch program. I am not basic Federal aid to education is fun- going to say there is no waste in any neled through title I, formerly called We can provide health care for all of function that is operated by govern- chapter 1 programs. Public education is the people. We can provide housing for all of the people. We can provide em- ment, just as there is tremendous under attack, and after many years ployment for all of the people. The re- amount of waste in the private sector. under Ronald Reagan and under Presi- sources are there. In fact, the private sector has shown us dent Bush, after years of recognizing The caring majority is there. And it can be the most wasteful and the that America had a problem with edu- given the opportunity, we are going to most inefficient and the most corrupt cation, and after every President start- find a rejection of the kind of policies sector of our society. ing with President Reagan, attempted and programs being put forward by this The savings and loans collapse, the to move forward in some way to estab- elite, oppressive elite minority. savings and loan swindle, showed us lish a Federal presence in education. Democratic capitalism allows us to how monumental waste and corruption We are now ready to recklessly retreat, do the kinds of things that are needed recklessly eradicate all the work that and inefficiency can exist within the to produce a society with opportunity private sector. So mankind, homo sapi- has been done by Reagan, Bush, and for all and with justice and peace. Clinton and tear down the Federal in- ens, are no more effective in the pri- Democratic capitalism is a good um- vate sector in administration and man- volvement in education, just wipe out brella, an umbrella under which we the Department of Education. We will agement than they are in the public may construct the most successful so- sector. It is a problem that we have to be the only industrialized nation which cial order ever created. The skeleton of does not have a centralized Depart- confront. Democratic capitalism has the ability. Let us go forward and deal with new ment of Education to provide some It is able to adapt. guidance and some direction for the ways and deal with the problem of The system is responsive to innova- money. First, budget cuts. Am I afraid education function. We will rapidly tions. We are not stuck in a situation begin to decline in our ability to com- to talk about budget cuts? Do I think where we can look forward to going to we should not cut the budget? There is pete once the Department of Education a bankrupt treasury in the year 2000, is gone. no room in the budget for a downsizing because Social Security is there, if we and a decrease in expenditures? No, I But the oppressive elite minority is do not take radical steps now to end blinded by their own ideological biases, would not take that position. There is spending for programs that benefit peo- a tremendous amount of waste in the and they want to wipe out the effec- ple. budget. But we define ourselves and we tiveness of public education. They are The responsiveness is there. We can show where our souls are when we going to look to other ways to provide do a great deal of things under our make the choices as to what to cut. education, those that they think present setup. We are the greatest sys- Why are we going on and on, day in should be educated. The rest they will tem that has yet been devised by man. throw overboard, the billions of dol- And we must use it with imagination and day out, about the cutting of the lars. The riches of America will not be and creativity. And most of all, we school lunch program and there is no used for one of the most fundamental must have the compassion to under- discussion of some cuts of the CIA and functions of society, the education of stand that we do not need to throw any the intelligence budget? The CIA and the populace. Nothing is more impor- group of people overboard. the intelligence agencies have a secret tant to our national security than the This is the first and the most vital budget. They will not even tell the education of the populace. The edu- step. Make the assumption that the American people what the budget is, cation of the American people will richest Nation in the history of the yet estimates by all sources have keep them competitive. The education world can create, it can generate a so- placed it at no less than $28 billion. of the American people will maintain ciety which provides peace, justice and The intelligence budget is no less than civility and lessen friction, lessen opportunity for all. $28 billion; probably more. crime, lessen disorder. The education Now, am I running away from the At a time like this in our history of the American people is the most im- hard job of discussing the budget? I when there is no evil empire anymore portant function of Government as we have not mentioned very many num- and the Soviet Union is struggling just go toward the new world order. Far bers at this point. Let’s talk about to exist, it cannot be an aggressor or more important in our national defense numbers, the problem of funding. The threaten us in any way, why do we and our national security is education problem of money, of taxes, is a monu- need a CIA budget of $28 billion? than new weapon systems. mental problem today. It will be a If the people who want to downsize But we define what we are all about, monumental problem in the future. It government and want to streamline as I said before, by the steps we take in is a permanent challenge. We will al- government, if they want to do it in our policies and especially in our fiscal ways have to struggle to produce the order to give a tax cut, if they want to March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3143 do it in order to make sure that our gest government programs for the technology and for that reason, it is a children and our grandchildren do not longest number of years. hugely successful industry. have to pay all of these bills in the fu- And how about the Department of Now that agriculture is such a huge ture, if they want to seriously and sin- Agriculture? We are not discussing the and successful industry, why are we cerely deal with those problems, then biggest welfare program in America. continuing to have government play why are they not discussing a cut in The longest-running and the most lu- such a major role in agriculture? Why the CIA and the intelligence budget? crative welfare program in America is not have the government step out? Why not cut it just in half? the farm price supports. They talk about abolishing the Depart- You put zero in the budget for the The Department of Agriculture hand- ment of Education. Why do we not summer youth employment program. ed out $16 billion plus just for farm downsize and streamline the Depart- That is bold and daring. They consider price supports last year. Sixteen billion ment of Agriculture? Do you know that that bold and daring. I think it is an is about the same size as the program the Department of Agriculture is the act of cowardice to cut the summer that feeds millions of children on wel- second largest bureaucracy in the Fed- youth program for teenagers overnight, fare. But in our population, gentle- eral Government? It is second only to pull out the money and say it is zero women and gentlemen, we only have a the Pentagon in term of the number of this year and next year it will also be farm family population of 2 percent. employees. zero. I do not think that is an act of Only 2 percent of the total American The Department of Agriculture, they courage. population is still in the classification have done a great job. It is a marvelous It would be an act of courage to say of farmers. success story. Private industry can let’s gut the CIA budget and the intel- Most of the billions of dollars that we now take over. We could downsize the ligence budget in half to $14 billion. We are handing to the farmers or to the Department of Agriculture, set a will have 14 billion to distribute for agribusinesses goes to corporate agri- means testing procedure so that it pro- these other programs or to go to the cultural business. Most of it goes to vides aid and assistance only to the deficit or to give a contribution toward rich farmers. Tremendous amounts of farmers who are the poorest farmers. the tax cut. money could be saved if we would take We could privatize part of the Depart- CIA, who don’t we cut it? Why are we the rich farmers off of welfare. ment of Agriculture. There are a whole discussing the school lunch program In the State of Kansas, for example, set of experimental programs, there are and not discussing the CIA and the in- in most of the rural counties, accord- research grants, private industry could telligence agency? ing to the New York Times, farm fami- take that research and development Why are we discussing the school lies that are there and farmers who are function at this point and do a job just lunch program endlessly and not the part of the program have averaged be- as well. So, instead of continuing to discuss Seawolf submarine; 2.1 plus billion dol- tween $20,000 and $40,000 a year that is on and on the school lunch program, lars, $2.1 billion to build a submarine being handed to them every year for why do we not discuss the downsizing that everybody admits we don’t need at doing nothing. A $20,000 to $40,000 and the streamlining of the Depart- all? We don’t need it to fight a war. It check that comes on top of all of the ment of Agriculture? Why do we not is only there to maintain the profits other money that they make. discuss the elimination of $16 billion in for the manufacturer at a certain level; And there is no means test. When you farm price support payments; welfare to provide some jobs. are trying to get aid for dependent for the farmers? Why do we not deal And if you want to take $2.1 billion, children on welfare, you have to meet a with the farmers on the dole? you could provide twice as many jobs if means test. You have to show you do Why do we not deal with cuts of the the object is just to provide jobs. The not own anything and you have no F–22 fighter plane? Why do we need an object is to provide profits also for peo- bank account. In the Department of F–22 fighter plane which was originally ple who certainly do not need to be Agriculture programs and the farm projected to cost the American people milking the American taxpayers for price support programs and the Farm- $72 billion. The F–22 fighter plane is more profits. er’s Home Loan mortgages and all of manufactured in Marietta, Georgia. So why not cut the Seawolf sub- these benefits that have been heaped The F–22 fighter plane was originally marine? We are talking some heavy on our agriculture sector for the last projected to cost $72 billion. We have dollars when you talk about the CIA hundred years, you do not have to show paid out about 12 billion already for and the Seawolf submarine. any means test. planes and we are projecting over the Why not cut the cheap electricity Now, I do not want to be misunder- next six years about $17 billion more in that that the people in the Northwest stood. I think that the American agri- expenditures for F–22 fighters. and the Midwest have from dams that cultural industry is the greatest indus- If you want to keep America from are built by all of the taxpayers with try in America. I think it is probably going bankrupt, if you want to keep all the taxpayers’ money? There are one of the most effective industries in our grandchildren from having to pay some people who are paying one-half the world. There is no other nation the debt, then cut items like the F–22 the price for electricity as my con- that begins to come close to the Amer- fighter. stituents are paying in New York. Do ican farmers, the American agricul- they deserve the bargain of one half tural industry, in feeding its popu- b 2200 the cost for their electricity? They are lation, the population of America. If you need an F–22 fighter plane, it Americans just like everybody else. It probably could feed a large sector is the most sophisticated thing ever de- Why not market rates for everybody? of the total world if the economics veloped in fighter planes. But do we If you raise the payments of the peo- were different. We have the capacity. need it? No. The second most sophisti- ple who are getting the bargain in elec- Our Department of Agriculture has cated fighter plane we already have. tric use and raise it to market rates, done a magnificent job. And the De- We own the second most sophisticated and let the Federal Government take partment of Agriculture, the whole ag- fighter plane. We do not need to have back that money that it invested in riculture program in America, is a another one more sophisticated, be- the dams and the water projects and sterling example of what can be done cause we are not our own enemy. The distribute throughout all America and by government. Government operated Soviet Union is not developing any let us all benefit from it, let’s all get a from one end of the spectrum to the more fighter planes. They are not de- benefit of the efforts of our Federal other. veloping fighter planes that would even Government. Why are we not discuss- Government funded the land-grant contest the one that exists already. ing a cut or a retrieving of the bounty universities. Government funded the Why keep manufacturing a brandnew that the people of the Northwest and experimental stations for agriculture. one called the F–22? the Midwest have enjoyed all these Government funded the county agents So let us save over the next 6 years years? People say they want govern- that took the results of the experi- $17 billion that could be applied then to ment off of their backs and yet they mental stations to the farmers in the fund the Summer Youth Employment are the beneficiaries of some of our big- field; very effective use of science and Program, to make certain there is no H 3144 CONGRESSIONAL RECORD — HOUSE March 14, 1995 shortfall in the School Lunch Program, given away too much in some cases. We have no compassion and are really on to make certain we do not kick people have given away property that had the wrong track when they conclude out of nursing homes, to guarantee minerals on it, up until very recently. we cannot have an America which is that we do not remove home care from We are still giving away property that for everybody. Contrasted with their people in great need. Let us go forward has gold on it and we do not require position, the position of the oppressive and examine all of these expenditures that the people who mine the gold pay elite minority is a position of the car- if we really are sincerely interested in us a royalty and give us back some of ing majority. We are going to produce the most effective and efficient budget. the benefits of the lands that the Gov- a budget, the Congressional Black Cau- Mr. Speaker, this is a simple discus- ernment and the people own. The peo- cus is going to produce a budget, which sion, and I hope the American people ple have to assert themselves, and the reflects a vision of the caring majority. are listening closely. Listen to the people are going to have to insist there To talk more about budgets and the numbers. In addition to philosophy, it can be no more nonsense on giving rescissions that are now at our door- is very important that we understand away public lands and not demanding step, heartless, cruel decisions that are the numbers. The numbers that are that the public have some percentage being made through this rescission being poured into the defense budget of the profits realized from the min- process, is my colleague from Texas. I are huge numbers: $17 billion more for erals that we get from those public yield to the gentlewoman from Texas F–22 fighters, $2.1 billion for another lands. [Ms. JACKSON-LEE]. Seawolf submarine; $28 billion for the We could also gain more revenue if Ms. JACKSON-LEE. Let me thank CIA; B–2 bombers. We could go on. The we would stop giving away the fruits of my colleague from New York, MAJOR majority in this House want to spend Federal and government research. Mili- OWENS, and thank him for a very rea- another $50 billion for defense. The ma- tary research has spawned a whole host soned, if you will, detailed presen- jority in this House want to spend an- of hundreds of new products. We have tation, and almost a journey, if you other $50 billion for defense, while they not reached out and placed the royalty will, taking us through very evenly are telling us they must trim school on those products to come back to the how we have wound up to be here on lunches and they must make more effi- public Treasury. We have just given it the House floor, and poised, if you will, cient programs like Medicare and Med- away. to vote for a rescissions bill that is icaid. Many of you know, everybody knows larger than any I have ever seen and I Finally, we have new revenue op- of a few products. Television was really think this House has ever seen. tions. Our vision, the caring majority perfected by our government research, Congressman, you know the last re- vision versus the vision of the oppres- not just the famous product super glue, scissions bill was in 1981. It is interest- sive elite majority. Their vision is we which everybody knows was developed ing, as you have been speaking about are in a situation where America is on by the space program. There are hun- the cuts, and I just simply had to join the verge of bankruptcy. To hear the dreds of products that were produced as you because as I have reviewed this elite, the oppressive elite minority a result of government research, and legislation, the fact that it hits at the Members talk, we are almost at the we, the people, who paid the bill to do very most vulnerable in our society stage of Bangladesh. We cannot exist the research, we get no benefit from gives me a great deal of discomfort. much longer if we continue to try to those products. That is a source of rev- Interestingly enough, we are at 5.4 build a society which is there for ev- enue. We could reach out, and instead percent in unemployment. The econ- erybody. We have to start dumping of worrying about going bankrupt and omy is going well. You made a very people overboard. We have to rein in putting the elderly on the streets, out good point about tax cuts and whether the safety net. Even Ronald Reagan ac- of nursing homes, cutting back on Med- or not those who would be classified as knowledged that there is a safety net icaid and Medicare, cutting back on Democrats are against improving the that is needed, that we are now about school lunch programs, let us be more economy or looking at tax cuts. to dump. The high technology barbar- creative about claiming what belongs We are looking at, are concerned ians who are in charge now have no to the people. about being fair. I took time for a mo- compassion for those people. I am not in favor of new taxes on in- ment to just find out what the word Yet, every day there are new develop- come. I am not in favor of new personal ‘‘rescission’’ means in Webster’s dic- ments which show that far from being taxes. But there are ways to get reve- tionary. It is an act of rescinding, to bankrupt and far from having our re- nue that we ought to closely examine, take away, to take back, annul, cancel, sources exhausted, America, the Demo- which have nothing to do with personal to make void by action of the enacting cratic capitalistic society, America has income taxes. There are all kinds of authority or the superior authority. all kinds of new potential for producing loopholes. At a later date we are going That is what we have. We have a neg- revenues. to list those loopholes. The Congres- ative. We have a taking away of some- We have just realized $9 billion by sional Black Caucus’ alternative budg- thing already authorized. We have a selling invisible frequency bands in the et, we intend to close the loopholes taking back. We have an annulling. We sky. Spectrums in the sky which you that corporations live by in order to have a canceling, and we have a supe- cannot even see have been sold to the maximize their profits and escape pay- rior attitude against the children of tune of $9 billion, and that process has ing a just share of the taxes. Corporate this country, against the elderly of this not ended. By just selling the air over taxes, the share of the overall revenue country, against those who need afford- ourselves, we have made money. And in burden borne by corporate taxes, has able housing. the future, of course, we can always dropped drastically in the last 20 years. We seem to want to pull back from tax the income that is made off of We need to get back to having the cor- the States of this country after, I re- those operations as normally the prof- porate world carry their share of the member, a very extensive debate about its are going to be taxed, any profits taxes. unfunded mandates, and many were made. So we have generated out of I am going to yield in a few minutes called upon to support this legislation nothing. It shows you do not need land. to a colleague of mine, but I want to as innovative and positive. But yet this You can take the air and sell it. If you make it clear that we are talking legislation will clearly put on the are a nation, the power of nationhood about the overall program of the new cities and States the great needs of its is that you own the air. majority in Congress. We are talking people, and that is the need to in fact They used to own the land, and we about the fact that the budget process, serve those who are most vulnerable. have given away a lot of the land. That the rescissions that are now being If I might just simply say that the is a chapter in American history which made right now, the budget that is rescissions bill, as it is politely known, was very successful. You gave away going to be brought to the floor in will cut to the bone many of the pro- land, you produced free enterprise, and May, all of that is part of an overall grams that you have just spoken you made great millionaires and pro- grand design that is a design, of course, about. Across the country, throughout duced a middle class. We have done a a distorted vision of America, being my home State and right in my home- lot of great things in the past. We have driven by high-tech barbarians who town of Houston, millions of children, March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3145 elderly and poor citizens will be dev- aisle can in good conscience claim that and therefore we come to their aid, and astated and forced to endure govern- this rescission package, taking back, it is altogether fitting and proper for ment-sanctioned hardships in order to canceling, does anyone any good. government to do this. But the people provide extensive tax cuts. This package cuts $17 billion, and it in our big cities who are the victims of Well, what does this boil down to? As is a package. These cuts are not to the a mismanaged economy which does not though the unsettling dynamics and mohair growers subsidy or tax break provide any jobs also have great needs displacement of our rapidly changing on vacation home mortgages. But they and we ought to also look upon them in global economy were not already bad simply get at the crux of those who are the same way and provide some kind of enough when it comes to driving the in need. assistance on an ongoing basis without widening wedge between America’s Let me just simply tell you where having to have these frequent reviews economic haves and have-nots, now the they are coming from. Where do the and without belittling people who are have-nots have to worry about Uncle GOP cuts come from? My colleague the victims of the economy and vic- Sam cutting them off at the knees. I do ably detailed for us. Here it is in graph- tims of the mismanagement of the not know what we are going to do, but ic design, if you will. Sixty-three per- economy. I will simply share with my Republican cent comes from low-income cuts, indi- We are all one people, and there is no colleagues who are constantly explain- viduals who are in need, and then 37 reason why one kind of disaster and ing that what they are doing is helping percent from other cuts. It gets to the one kind of victimization should be America. people who most are in need. Just read the headlines in the home- treated in a different way from the Where is the justice in this rescission other people who are also victims. town papers like the Houston Chronicle plan when 69 percent of the so-called that says ‘‘Do Not Short-Change Texas I hope we will take not of that. It is savings will go to pay for tax cuts at a an involuntary stimulus. California did Children.’’ These are not political ac- time when the deficits are already too tivists who are seeking publicity. not make the earthquake happen but high? once the earthquake happened, they These are children advocates who real- We wonder about the tax-and-spend ize that Texas alone has some 7.3 per- got an involuntary economic stimulus. liberals. That is what folks have been Money was poured in to take care of cent of the U.S. child population. It has calling those who are not listening. that need. It also made the economy go a large number of the individuals that What about the borrow-and-spend Re- again. That is just the way it happens. are infants, I think some 5 million or publican administrations that have But we also have disasters of a dif- so children. quadrupled our debt? ferent kind in our big cities, whether We have headlines from local papers It is important to recognize that we they are Houston, New York, or New- saying ‘‘Do Not Play Politics with have a job to do here in the United ark, New Jersey. I just wanted to un- Hungry Children,’’ from the El Paso States Congress, and, therefore, it is a derscore that point. Times. These are local people that are shame that we are canceling out hous- Ms. JACKSON-LEE. The gentleman speaking. The GOP social agenda is ing, 42 percent, work experience and could not be more right, and he has flawed at best. Local people again. job training, 14 percent, health, 10 per- We have got ‘‘The Republican Tax made a very eloquent point. I wonder cent, education, 9 percent, and 25 per- Cut Plan May Not Add Up.’’ We know cent in other cuts. People who are sim- as the American people go about their that it does not add up, because clearly ply looking for the opportunity that we business and some have said that this it tends to take from those who can say in this country we are giving them. debate has caused a great deal of dis- least afford it. That is why we are in Then I might add, as we begin to look tortion. I think the American people trouble with school lunches and break- elsewhere, we find that we have got are smarter than what we would give fasts, but more important, that is why some 69 percent tax cuts. That is where credit for, and, that is, appreciating we are in trouble with school-to-work the money is going, and then of course the fact, again, that the government programs and no summer jobs. it is going to the FEMA relief. I am not went into these places like Florida and Here is one right out the mouths of speaking about those States that are in California, and, by the way, they went Republican Congresspersons, ‘‘GOP into my State, the State of Texas, and Haste Laying Waste to Legislative great need, and need this kind of aid. We know that California has been in in fact there are people in my commu- Good Intentions.’’ This is not the nity right now who are still in great Democrats speaking, this is the Repub- some severe bad weather at this time, but we would simply say, what about need because of a very severe flood we licans. One Republican stated, ‘‘I have had in early fall, and I am working to always been a little concerned about those who are in need for hunger and housing? What about those who are ensure that they can be made whole. arbitrary deadlines. I do not think it But if you can appreciate that kind contributes to sound legislating.’’ trying to make a better life? Do we not need to be of assistance to them? of assistance from the Federal Govern- Well, it really has not, because it is ment, then why do we hear from the helping those who need help the most. Mr. OWENS. Would the gentlewoman yield for a minute? Republicans how easy it is to cut now So I think that we are moving to- some $17 billion from the devastation ward hurting our children, and we are Ms. JACKSON-LEE. Yes, sir. that occurs in people’s lives, especially moving toward not even ensuring that Mr. OWENS. I would like to under- that they have been challenged to pick children and workers and those who score what the gentlewoman has just yourself up, get off welfare, become are in need can be best served. said. I wonder if the American people independent, and I can assure you, just But if we fancy ourselves a moral Na- realize the tremendous amount of tion, ought we not first look for effi- money they have given to take care of like I am sure in your community, that ciencies and cuts in programs and poli- natural disasters over the past 3 or 4 I have met with welfare mothers. cies that generally serve the fortunate years. For the hurricane in Florida, be- We sat down at the table and broke who have been blessed, and from whom tween $6 billion and $7 billion of tax- bread together and talked about their a small sacrifice for the good of the payers’ money from all over America life. There was not a one that either whole would not be an undue burden? went to help the victims of the hurri- got pregnant because they were getting Let me share with you the words of cane in Florida. The earthquake in a welfare check, there was a one that the late Hubert Humphrey, who was California, floods, mud slides, we are wanted to be on welfare. They talked fond of reminding us of the moral lit- talking about close to $7 billion or $8 about self-esteem, they talked about mus test. billion just directed to California var- getting a job, they talked about trying Those who are in the dawn of life, the chil- ious natural disasters. The Midwest to be independent. That is lives that dren, those who are in the twilight of life, flood that took place a couple of years are devastated, people responsible for the elderly, and those who are in the shadow ago, $6 billion of people from all over children, and they need the help of the of life, the sick, the needy, and the handi- the country’s money went to help take Federal Government. capped. care of those disasters. If I could just share with you for one Mr. Speaker and my colleague, I won- We recognize people who are the vic- moment to tell you how much we are der if anyone from the other side of the tims of natural disasters are in need hurting in Texas. H 3146 CONGRESSIONAL RECORD — HOUSE March 14, 1995 Mr. OWENS. If the gentlewoman downsizing different agencies, we do who work hard and play by the rules would yield for a moment, I want to in- not reject that, I do not reject it. But would be especially hard hit because quire of the Chair how much time we I do reject taking from the most vul- many of the members of the have remaining. nerable and undermining a State that AmeriCorps are middle class. We The SPEAKER pro tempore (Mr. is trying so very hard to improve itself designed it so it would not just be a LUCAS). The gentleman has 8 minutes and to serve the people in that commu- program where young people who are remaining. nity. We must be the better one, the poor were involved. It cuts across all Mr. OWENS. I yield 4 minutes to the Federal Government, to be able to classes. gentlewoman from Texas and I will stand up with the moral fiber and fight A year and a half ago, Congress man- take the last 4 minutes. I just wanted for those who are in need. dated a 3-year phase-in for funding to close out with a note and I neglected I thank the gentleman from New 100,000 AmeriCorps members. It called to put in before. York but I think that we must cancel for 20,000 members to begin a year of Ms. JACKSON-LEE. See how good it out this rescissions package and ensure service in 1994 and 33,000 in fiscal year is to be able to have time and it is also that we stand up against this kind of 1995. good to be able to share with those who intrusion into the lives of American This rescission, this heartless rescis- are in need, and that is the problem we citizens. sion, would require the corporation to have here in the State of Texas. Mr. OWENS. I thank the gentle- scale back existing programs already This is a gentleman who has no ax to woman from Texas. I would like to un- in place, cutting approximately 2,000 grind. He is our State comptroller, and derscore your last point. The AmeriCorps members from the current he has already assessed that we lose defunding, the placing of zero in the level of 20,000 and 15,000 from the about a billion dollars in this rescis- budget for the summer youth employ- phase-in level which has already been sion package for the State of Texas. We ment project is probably one of the authorized by Congress. The majority lose some $763.7 million in Medicaid. most cruel and dangerous and deadliest of those reductions would occur in Therefore, those who are trying to get acts of this oppressive elite minority in those States with the most AmeriCorps off welfare would not have health care, control of the Congress now. It shows members: New York, California, Texas, the elderly, the severely handicapped, no vision. It betrays the very vital seg- 69 percent. Family nutrition programs, ment of our population that needs help Pennsylvania, and Michigan. we are losing $170.6 million, 15.5 per- the most. Middle-class families with college- cent, for our State. They follow through on that, that ze- age members willing to serve their Then there is AFDC, there is train- roing the budget for the summer youth communities full-time for a full year ing, emergency assistance, 10 percent, employment program with a $210 mil- who are counting on AmeriCorps to we are losing $118.6 million. Then lion rescission of the National Service help them afford college educations school nutrition in particular, dealing Program. The National Service Pro- would be especially hard hit if the con- with our school lunches and school gram is for a different set of youth but gressional commitment is not kept. breakfasts. By the way, I met with it is basically program-oriented toward We close with National Service, as leaders of the local school community young people. just one more example. School lunch and they are just up in arms about the The National Service Program is not programs, summer youth employment children who will come to their doors a program of Bill Clinton, it is not a programs, National Service programs, who are hungry, particularly the dis- program that the Democrats fabricated programs that would benefit all of tricts that serve at-risk children. We 2 years ago and the Republicans stood America a great deal are being very are talking about the national impact, on the sideline. I have been in Congress hard hit by these heartless cuts. but I know what it means. It is going for almost 13 years and we have dis- On the other hand, the F–22 fighter to hurt the people in the State of cussed a National Service Program for plane is not touched, and neither is the Texas, people in the State of New 10 of those 13 years. Both parties have Seawolf submarine and a huge number York, people all over this country. The come forward with proposals, both par- of other programs in the military American people understand this. This ties have worked together. Why do we budget. rescissions package should go nowhere. all of a sudden have to throw overboard I want to thank the gentlewoman for As I conclude, let me talk about, and and destroy a program which it took 10 joining me, and I hope that Americans you have worked so hard on the sum- years of deliberation and planning to are listening. There is a vision offered mer programs, summer job perhaps develop? by the oppressive elite minority and that I have been actively involved in in The National Service Program would there is a vision offered by the caring my community. We are getting ready receive rescissions of $210 million out majority. We will talk more about to lose in FY 1995 and 1996, $66.6 million of the $571 million that they have those visions in the future. in 1995 and $66.9 million, 43,000 jobs available for this fiscal year. That is Ms. JACKSON-LEE. Mr. Speaker, I rise this each year, and in Houston, each year, taking $210 million and leaving only evening to speak unequivocally against the 1995 and 1996, 6,000 jobs. It was already $365 million, crippling the program to misguided, shortsighted, and unconscionable not enough just last summer, 8,000 such an extent that it would hardly be spending cuts proposed in H.R. 1158Ðthe youngsters showed up on the first day able to operate because it is just get- Republican rescissions billÐto be considered to sign up, with stories of pain and ex- ting off the ground now. on the House floor on Wednesday and Thurs- citement at the same time, excitement And then there are bigger cuts com- day of this week. of trying to get a job, and pain for the ing in the budget that begins October 1 This rescissions bill, as it is politely known, need of the money during the summer because the oppressive minority has will cut to the bone many programs that man- months, for rent for their families, for made it quite clear that they want to age to maintain a minimal standard of living clothing for their families, to take care destroy the National Service Program. and health care for America's most vulnerable of younger brothers and sisters. The American people have a right to citizens. This is serious. I worked extensively know why. Why? We should challenge Across the country, throughout my home with anti-gang measures in Houston, the high-technology barbarians and State of Texas, and right in my hometown of where there are some 3,000 gang mem- say, You cannot do reckless things like Houston, millions of children, elderly, and poor bers, drive-by shootings. This is what this, you cannot make reckless deci- citizens will be devastated and forced to en- gets our children off the street. This is sions, you cannot just disregard all dure Government-sanctioned hardships in what prepares young adults for the 21st reason without explaining to the Amer- order to provide extensive tax cuts. century, the opportunity to work. This ican people why. That's what it boils down to, Mr. Speaker. changes their mind set. A rescission of this magnitude for the As though the unsettling dynamics and dis- So when we begin to talk about National Service Program would re- placement of our rapidly changing, highly com- where we are today and your detailing nege on the bipartisan congressional petitive global economy were not already bad of what we should be looking at with commitment of Americans who have enough when it comes to driving the widening an alternative budget and fairly we can already committed to serving their wedge between America's economic haves look at possibly tax cuts, possibly communities. Middle-class families and have-nots. March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3147 Now, the have-nots have to worry about GOP cutsÐnearly $11 billion in fiscal year would devastate needy people in Houston and Uncle Sam cutting them off at the knees. 1995Ðwill impact low-income Americans. throughout the State. What in the world have we come to? And where does the money go? Let us examine some of the specific pro- How can those Americans, who enjoy some Well, Mr. Speaker, 31 percent does go to grams that would be cut under this bill. of the highest living standards in human his- help citizens who have lost their homes and One program that is critically important to tory, possibly begin to justify their demand for communities due to natural disasters like young people is the Youth Summer Jobs Pro- tax cuts when fellow citizens, through no fault earthquakes and hurricanes, and few would gram. This program, which began 30 years of their own, are relegated to lives of bare argue that the Government should not assist ago, has worked very well and has always re- subsistence and, in many cases, much less these victims. ceived bipartisan support. than that? But what about the victims of our man-made Nevertheless, this rescission bill completely How can Republicans rationalize rescis- disasters like inadequate urban and rural eliminates funding in fiscal year 1995 and fis- sions, while at the same time proposing to re- schools; like job flight from our inner cities; like cal year 1996 for the Summer Jobs Program duce spending on the hugely successful, bi- employment, housing and banking discrimina- to the tune of $1.6 billion nationwide. partisan WIC Program that for better than two tion? During this 2-year period, more than 1.2 mil- Are we not similarly obligated, Mr. Speaker, decades has been providing basic, healthful lion kids in 650 communities will be left with- to assist these citizens, as well? nutrition for poor women, infants, and chil- out summer jobs. Where is the justice in this rescission plan dren? And without question, these jobs are ex- While economists and sociologists of all po- when 69 percent of the so-called savings will go to pay for tax cuts at a time when deficits tremely important to young people. In many in- litical stripes are telling us that, to succeed in stances, these jobs give them their first job the information age of the 21st century, Amer- are already too high? But it is disingenuous for GOP leadership to opportunity and help them develop a good ican workers must be better trained and edu- blame ``tax-and-spend-liberals'' for all Ameri- working ethic. cated than the once-celebrated production-line ca's financial woes when in fact it was during In addition, many young people use the workers of the 20th century, how can Repub- 12 years of ``borrow-and-spend'' Republican money earned from these jobs to buy clothes licans tell usÐwith a straight faceÐthat we administrations that our national debt quad- and supplies for school. ought to be slashing job training and edu- rupled. Let us be clear about the effectiveness of cation programs that serve both children and Mr. Speaker, both parties and both the this program . . . the Summer Jobs Program adults? President and Congress can share equally in consists of real jobs, not ``make-work'' jobs. How will the Republican leadership explain the blame for our sorry status quo. In many cities and towns, no other jobs are to senior citizens living in our colder climates But we're not going to get anywhere, much available for young people. As I travel around that the Low-Income-Heating Assistance Pro- less rebuild a solid foundation for America's my congressional district and around the gram [LIHEAP] that has helped them pay their future by polarizing and dividing its citizens. country, teenage unemployment remains heating bills in the winter is being cut? To blame poor people for all our problems highÐparticularly in African-American and Though it's not politically popular to do so just to curry political favor is shortsighted, im- Latino communities. these days, I might remind this body that moral, and potentially catastrophic. We need the Summer Jobs Program now American tax burdensÐfor all income brack- How will we pay for the additional medical more than ever. etsÐhave been and remain among the very care that will be needed by children made sick lowest of the industrialized, Western democ- Let's look at how the elimination of this pro- due to lack of nutrition? gram will affect Texas and Houston. The State racies. How will we provide for families made Should American government at all levels of Texas will lose $66 million in fiscal year homeless due to cuts in public housing? Al- 1995 and nearly $67 million in fiscal year continue to improve efficiency, cut spending most 25,000 families remain on waiting lists in for outmoded programs, and work very hard to 1996. my cityÐHouston, TX. This translates into 43,000 summer jobs that keep taxes as low as pos- How will we protect ourselves from those sible? ... Absolutely. will be lost in Texas in each of the 2 years. who may turn to crime when denied edu- During this period, the city of Houston will But, if we fancy ourselves a moral nation, cational opportunities and a real chance in the ought we not first look for efficiencies and cuts lose $9.1 million in 1995 and 1996 and will mainstream economy? lose 12,000 jobs over this 2-year period. in programs and policies that generally serve My colleagues from the other side are fond the fortunate who have been blessed and from I urge my colleagues to preserve this pro- of their ``dynamic budget scoring'' that tries to gram and continue providing adequate fund- whom a small sacrifice for the good of the predict future Government revenues based on ing. whole would not be an undue burden? the boost they think their tax cuts will give to Another program that will experience a The late Hubert Humphrey was fond of re- the economy. major reduction in spending under this bill is minding us that the moral test of any govern- Well, what's good for the goose, Mr. Speak- housing. ment was in the way it treated ``those who are er * ** This bill makes a frontal assault on the poor in the dawn of life, the children; those who are Ought not my Republican colleagues be in the twilight of life, the elderly; and those prepared to score their spending cuts in the and our Nation's cities. One program, the who are in the shadows of lifeÐthe sick, the same fashion? Community Development Block Grant Pro- needy, and the handicapped.'' Shouldn't we think intelligently about the gram, will suffer a spending reduction of $350 Mr. Speaker, I wonder if anyone from the medium- and long-term effects these rescis- million nationwide. other side of the aisle can in good conscience sions will have on future budgets and on the The CDBG Program is one of the largest claim that their rescission proposals pass such very moral fiber of our American society? sources of Federal assistance to States and moral muster. So as not to be accused of undue hyperbole local governments. I don't know how they could, Mr. Speaker, or attempting to govern by anecdote, I'd like to Most of this money is channeled directly to when their cold-hearted proposals call for share with my colleagues and the American the local level, particularly metropolitan areas more than $17 billion of cuts. people some clinical analysis of the GOP re- with large pockets of poverty and substandard And these cuts are not to mohair grower scission plan. housing stock. subsidies or tax breaks on vacation home I represent the people of Houston in the These funds have been used to acquire and mortgages. 18th Congressional District of Texas. rehabilitate property, preserve historic struc- No, Mr. Speaker, these cuts to the bone So in addition to looking at national figures tures, provide relocation assistance and en- come from programs like child nutrition, public for these rescission cuts, I'd like to start with force housing code violations. housing, basic health care, education, trans- this story from last Wednesday's Houston For example, the State of Texas will lose portation and community developmentÐall Chronicle. $19.9 million in community development block programs that the most needy among us de- ``Funding Cuts Could Cost Texas Billions, grant funds and the city of Houston will lose pend on for a brighter future. Comptroller Warns'' . .. $2.4 million. Who takes the hit from these Republican That's the headline of the story which goes Under this bill, public housing programs spending cuts? on to quote Texas State Comptroller John have also been targeted for major reductions. The answer is clear. Sharp. Funds for public housing modernization will be According to the Center on Budget and Pol- Sharp foresees up to $1.1 billion in cuts in cut by $36 million in Texas and $3.8 million in icy Priorities, a whopping 63 percent of the four critical categories in the next 2 years that Houston. H 3148 CONGRESSIONAL RECORD — HOUSE March 14, 1995 The State of Texas will also lose $14.2 mil- ago with the gentleman from Califor- By eliminating the administrative lion in public housing operating subsidies nia [Mr. RADANOVICH] and, Mr. Speak- costs, by cutting out the Federal mid- while the city of Houston will lost $1.9 million. er, you will recall that during that col- dleman, by cutting out the Federal Decent and affordable housing for all Ameri- loquy we talked about themes in poli- micromanager, we are giving more cansÐfamilies and individualsÐis a basic tics and cliches in politics and the un- money to the States for nutrition pro- building block for communities and our society fortunate fact that politics in America grams. Those are the numbers. Those at large. in the 1990’s has become theme-driven. are the facts. And by the way, they are We can no longer delay making housing a You hear often the phrase, ‘‘They the true facts getting through to the national and moral priority. don’t get it.’’ Well, the problem, Mr. American people, because the message Health care for the poor is another area that Speaker, is ‘‘They don’t get it,’’ so now coming from towns and cities and dis- will suffer greatly under this bill. the American taxpayer is going to get tricts and counties and the people In addition to the unthinkable cuts to Medic- it, and I hope that what we have heard across this country back to Washing- aidÐmore than $760 million in 2 years for on this floor tonight and what we have ton today is, ‘‘We are not buying that heard in this country over the last few Texas aloneÐI am most concerned by cuts to old class warfare anymore.’’ the National Health Service Corps. months has received the attention of I say to the gentleman from Califor- This program is designed to award scholar- the American people, because the nia [Mr. RADANOVICH], I know you ships to students in the health professions in American people, I think, need to hear would like to comment on that, and I exchange for their agreement to spend 2 to 3 what the opposition is saying about the years in medically underserved areas. Contract With America and the impor- yield. Over the last 25 years, this program has tance of themes like personal respon- Mr. RADANOVICH. Thank you, I say helped meet the health care needs of millions sibility, stopping the micro manage- to the gentleman from Maryland [Mr. of low-income Americans. ment of the private sector from Wash- EHRLICH], for yielding. This GOP rescissions bill proposes a $12.5 ington, a return to true free enterprise I guess the point I think that needs million cut in this program. in this country that runs throughout to be made in what is happening on the Through this program, the Community the Contract With America. floor of this House, the changes that Health Center in Houston, known as Central It seems the loyal opposition truly the new majority, the Republican Houston Action, and several projects at the believes government does it better, and Party, is wanting to make is that Harris County Hospital District will be endan- we on this side of the aisle sincerely which is a return to local control and gered. believe individuals do it better, Mr. privatization of what we are doing There are currently 62 physicians in Texas Speaker. right here in Washington right now, who are participating in the National Health This new Congress is made up of peo- and I think that some of the basic mes- Service Corps . . . and it seems to me we ple who are willing to take a stand, sages of those who so desire a strong ought to be looking to expand this program, who are willing to challenge accepted central government that reaches in and not cut it. assumptions in this country for the controls the lives of so many people is Members of the last Congress chose not to last 40 years, and as a result of the the basic message is you cannot trust undertake constructive health care reform . . . Contract With America, what do we anybody else but those on the floor of it remains to be seen whether or not this Con- get? We get stories about the 1950’s, this House including the 2 of us, but gress will muster the political courage to try. about Governors from the 1950’s, about not excluding 433 other Members of In the meantime, however, how can we pos- the fact you can no longer trust States this House. sibly consider making cuts to one small pro- in the 1950’s, in the 1960’s, in the 1970’s, And I guess my comment is that, and gram that we know works in bringing afford- in the 1980’s, in the 1990’s. You just can- to reinforce what the gentleman from able, basic health services to millions of Amer- not trust the States. Maryland [Mr. EHRLICH] is saying, is icans in under-served regions? We get gross misrepresentations of that government is best done at the Mr. Speaker, in many cases, the lives of fact. We get misinformation. We get local level, and problem-solving is best these needy Americans literally hang in the horror stories. We get phony numbers. done at the local level. I can take care balance. We get scarce tactics. And, I say to the of things much better in my district I could go on all night citing other programs gentleman from California [Mr. much better than the gentleman from marked for cuts that have similarly critical im- RADANOVICH], we get class warfare, be- Maryland [Mr. EHRLICH] could, because pacts on millions of American lives and liveli- cause class warfare is the bottom line. hoods. he probably has never been to Fresno, It is what we hear time and time again, probably has never been to my home- And I could complain about the closed na- hour after hour, day after day, week ture of debate my colleagues on the other side town. after week on the floor of this House. Mr. EHRLICH. I intend to visit this of the aisle have employed with this bill and And an example is the School Lunch year. others thus far in this 104th Congress. Program. Just this week, a few quotes: Mr. RADANOVICH. You will be there I could complain in detail about the amend- A Boston globe columnist wrote that someday. But you have never been. But ments we Democrats sought to offer in an ef- the country is simply not too broke to nobody knows my problems better than fort to protect vulnerable Americans, only to feed poor schoolchildren. The food I do, and I believe nobody can solve my have them blocked out-of-hand by the Repub- services director in Omaha, NE, for the lican majority. west side community schools of problems better than those elected offi- But I'll simply conclude, Mr. Speaker, with a Omaha, said it is unconscionable to cials in my district who are on the final, heartfelt plea to all my colleagues with a allow more of our children to suffer local and State level, and I think that conscience and a greater sense of obligation from hunger in addition to the 12 mil- in reference to the reference by the to America's future than that evidenced by the lion who do now; health and nutrition gentleman from Maryland [Mr. EHR- cuts in H.R. 1158. are not a priority in Washington, she LICH] to class warfare, it seems to be I urge my colleagues to vote against this alleged, quoting a Government esti- the defense of those who defend a pernicious piece of legislation. mate. She said school lunch funding strong central Federal Government f would be cut by 17 percent. that whenever people like us who are elected and come in and try to solve b 2230 Now, on the floor of this House, we have seen the real numbers tonight. We that problem, we get accused of being CLICHES AND THEMES IN have seen the real numbers every day in favor of class warfare, being against POLITICS in the newspaper. The real numbers. the poor, being against the middle The SPEAKER pro tempore (Mr. Mr. Speaker, are that nutrition pro- class, being for the rich, and I am a Re- LUCAS of Oklahoma). Under a previous grams have been funded at a level $4.3 publican, and, ‘‘I ain’t rich.’’ order of the House, the gentleman from billion for fiscal year 1994; under the But those seem to be the arguments Maryland [Mr. EHRLICH] is recognized Republican budget, they are projected that are posed here, and I cannot help for 60 minutes. to increase to $6.78 billion in 1996, and but go back to two things. First is, Mr. EHRLICH. Mr. Speaker, I rise to to increase further to $7.8 billion in the there is a deep mistrust of local elected continue the colloquy begun 2 weeks year 2000. officials on behalf of the Democratic March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3149 leadership, and there is also, in order ered. Therefore, no employee under age the system that we have here in Wash- to defend what they see as solving 18 is allowed to load or operate a baler ington right now, and yet it seems to problems from a strong Federal Gov- or compactor. me that with the Democratic leader- ernment, where if we raise your taxes a Now, the history of this particular ship on the other side of the aisle, or little bit more we just get a little bit order is quite interesting. HO 12 was however you are supposed to say it, I more money in the Federal till, we will adopted in 1954 under authority of the would be embarrassed to defend what be able to solve welfare, we will be able Fair Labor Standards Act. Its rationale Washington does right now, rather to solve, we will be able to solve the di- was based on a 1954, 40 year, 41 years than saying, ‘‘Let’s both agree that lemma of so many women becoming ago report entitled ‘‘Operation of Paper what is going on is wrong right now. pregnant, unmarried mothers, we will Products Machines’’ that assessed the Let’s both come up with plans, and be able to solve it, we will just spend a danger to teenagers of operating cer- let’s introduce them on the floor and little bit more money on it. Implicit in tain machinery used in the paper in- go back with new ideas.’’ Who on Earth that is a recurring theme that only the dustry. The section on balers was based would want to have to defend what Federal Government can have empathy on a type of machinery used on a type Washington is doing right now? for poor people. of machine that was common in the It is a ludicrous system back here Mr. EHRLICH. Right. And only the paper industry back then. But it is far that is bankrupting America, enslaving Federal Government knows best what removed from the ones used in today’s the lives of poor, unfortunate people people need, not just the poor, but mid- modern grocery stores. who do not know better, under a sys- dle-class, working-class Americans. HO 12 has never been updated to re- tem that is just doling out money. Mr. RADANOVICH. Exactly. You flect the changes brought about by And, you know, frankly, I think that know, I think there are probably 435 safety advances. Today’s balers bear the Federal Government is such a poor very caring people here, but I would very little resemblance to the huge substitute for personal responsibility not exclude it to us. I mean, there are machines of 41 years ago, when HO 12 that I would be embarrassed to be sit- thousands of elected officials out there was issued. ting on this floor defending all of the that take their commitment to their The most serious injury assumed by things that the Federal Government public office just as seriously as you the 1954 DOL report, and I quote, ‘‘for and I, and maybe more seriously than a person’s arm to be caught by the de- does right now. some people in this body. I do not see scending plunger should someone else b 2245 any reason why they cannot be trusted operate the control mechanism, * * * with more responsibility and, frankly, could only happen with balers of that But that is all we hear. That is all we that is what this is all about. era, 41 years ago,’’ which did not have hear, and it has been interesting for us Mr. EHRLICH. I agree. The horrow loading chamber doors, so the acci- to just arrived here 70 days ago, 10 stories we hear, the horror stories that dents could occur. They cannot occur weeks ago, to hear the defense of the we have heard, regardless of the issue, today, yet we have a regulation that welfare state we hear time and time fill in the issue, there is a horror story lives forever, and, of course, as we have again on the floor of this House. And that we hear put out night after night discussed in the past in our first col- the fact is, and it is an observation on the floor of this House. loquy, that seems to be the whole idea that many of us have discussed pri- The regulatory, just going back 2 behind bureaucracy and regulation; vately, there are no ideas. There are no weeks, with respect to the regulatory once you create a bureaucracy, a gov- new ideas. There are no new initiatives reforms that we have enacted, the reg- ernmental bureaucracy or a new regu- across the aisle. It is the same old stuff ulatory moratorium bill, cost-benefit lation, it lives forever. and the American people rejected it on analysis, risk analysis, paperwork re- Mr. RADANOVICH. Beyond that, it is November 8 and they are rejecting it in duction, private property rights, we a process of justification. Then those in March 1995 and they are going to reject heard the same horror stories then as the bureaucracy have to justify their it in July 1995 and they are going to re- we hear now. Forget the issue, if it is existence so they will come up with ject it in 1996. part of the Contract With America, it new programs that are less and less ap- Mr. RADANOVICH. I would like to is horrific, it is bad, it is anti-working plicable to the real world. make a point too at this particular people it is antipoor. Mr. EHRLICH. And more money. stage and that is, a lot of what you And there again, we see the analogy, Mr. RADANOVICH. And more money. hear on the other side of the aisle from the class warfare time and time again. I have got an example, too, if I may. their leadership is, when our party was The gentleman will recall that with This is on the eating disorders of pi- in the minority, we resorted to a lot of respect to this whole issue of regu- geons. There is a million dollars spent hit tactics of their leadership. We did a latory power, micromanagement from on discussing the eating disorders of pi- lot of things that they didn’t like, and the Federal Government, I talked 2 geons. I will tell you, if I had an endan- now they are going to turn around and weeks ago about the Department of gered species person, I was a pigeon, do it to us, as thinking that in some Labor and the fact that the Depart- and had an endangered species person means by doing that they are going to ment of Labor has made enforcement following me around day to day, watch- get back the majority of the House. of child labor laws a top priority over ing everything I did, I would have an My point is, I think that whatever the past several years. In particular, eating disorder, too. These are things, the party did before I got here is fine, grocers, grocery store owners all over again, another example of how when but I tell you, the only reason why I the country are being cited for viola- you get a centralized government that am here today and the only reason we tions of hazardous occupation order is far removed from reality in the day- are in the majority is not because we No. 12 which we discussed 2 weeks ago, to-day business, you begin to get took hits to the then majority, but be- and that order prohibits employees things that are unapplicable and have cause we went before the American under the age of 18 from operating or no sense to our daily lives. people with a plan and we said, listen, assisting to operate balers, machines Now, I am not against research, you this is what we are going to do. We used to compact used cardboard. In- know, of one kind or another, but I promise that we will do these things 1 spectors routinely go to such lengths think what you get after a while is through 10. You send us to Washington, as issuing citations based on responses stuff that is not applicable to reality, we will do it. to questionnaires mailed to former em- and I think that that is basically the Now, if that is the case and I believe ployees. That is how bad it has gotten problem that we are facing right now. it to be, gosh darn it, come up with in this country today. Those that are criticizing what the your plan. Stop hitting, stop defending DOL recently decided, without seek- Republicans are doing in the House a miserable losing system that we have ing public comment, without seeking right now in the Contract With Amer- here in Washington right now. comment from the people impacted by ica, with the goals of achieving privat- Mr. EHRLICH. That is a wonderful this regulation, they recently decided ization and local control, in my mind, point, a great lead-in to my next point, that compactors are covered under HO have a real hard time. I would be em- because we were not here. We have 12 the same way that balers are cov- barrassed, frankly, if I had to defend heard the stories about how the former H 3150 CONGRESSIONAL RECORD — HOUSE March 14, 1995 minority, the present majority, was Mr. RADANOVICH. Can I make a Uncle Sam for being a little bit more treated. point? than what he is and I think that some And let me relay your observation to Mr. EHRLICH. Absolutely. of the Representatives in the House of the tort reform debate that occurred Mr. RADANOVICH. It does harken Representatives over the years, prob- on this floor last week, and as you well back to personal responsibility and ably over the last 30 to 40 years, have know, Republicans are of different what a privilege it is to live in a coun- gotten to the point where they justi- minds with respect to individual initia- try such as America that was based on fied their existence by expanding the tives under the rubric of tort reform. the principles of self government, and I role of what Federal Government does, But the fact is, the Democrat majority think that somewhere in some good and unfortunately, what it has led to is never allowed real tort reform meas- book it says, do not be so anxious to be a lot of tragedy, I think, and into a ures to be brought to the floor of this suing your neighbor, and I think that current situation that, again, I am em- House ever, and the American people the law system in this land, the court barrassed to have to defend. I really demanded it and the Democrat major- system in this land, really is a privi- am. ity said no, it is not important. lege, and I think that when you abuse We have gotten to the point in this And what the new Republican major- a privilege, you end up getting restric- country where it is sad, frankly, the ity did last week was bring very impor- tions on the privilege or the privilege way we treat one another in this coun- tant initiatives to the floor of this gets taken away. try and based upon this overriding de- House in the way of legal reform. And I admire the fact that the Demo- pendence on Federal Government, and, Now, as the gentleman knows, I op- crats for so many years defended the again, my word to the opposite party, posed the loser pays provision, but I right to sue and the open legal system to the Democratic leadership, is, you supported the securities litigation re- that we have had in the past, but I should be very embarrassed to defend form, the joint and several liability re- think what we are seeing right now is the way things are in Washington right form, punitive damages, the products such an abuse of the system, and when now. And I just got out of a budget liability reforms. These are reforms you, through lack of personal respon- hearing today, a markup on bills where that the American public is demanding sibility and personal accountability for we are cutting budgets right now, and today. And what the Democrats seem your own actions, you begin to abuse I am here to say that nobody is being to conveniently forget is they never al- the system, you have to clamp down treated any better than anybody else. lowed this debate to occur, and that is restrictions on that system and, to me, The rich are going to get it, the middle the whole idea behind the contract. it is a perfect example, again, of where class is going to get it, and the poor is The whole idea behind the contract is we have lost the idea of personal re- going to get it. That is kind of the way not that 230 Republicans agree with sponsibility and personal accountabil- it is right now. And the use of the Re- every plank of the contract, but it was, ity in this country. publicans wanting to do this to reward we have a deal with the American peo- Stop suing each other. We have sued the rich is a pathetic argument, it real- ple, a contract with the American peo- each other too much. Now because of ly is. ple and we promise to bring these im- that and because we have placed such a Mr. EHRLICH. We here hear it time portant initiatives to the floor of this burden on the system, we have got to and time and time again. House to debate them honestly, in sub- clamp down on it. I think that is basi- Mr. RADANOVICH. Reinforced by stantive terms, so that the people of cally it. the President as well. Through all that America can see a party that knows Mr. EHRLICH. Just an aside, but garbage must get some common sense how to run the place and to restore very relevant to your point, as you to what we are really trying to accom- that sense of pride and respectability know, I have practiced law for the last plish here, and that is, reducing Fed- that we saw the American people have 12 years in the State of Maryland and I eral Government by localizing it and lost when it comes to this institution, have seen one practice occur time and privatizing it, and that extends to all and I believe we have begun to do that, time again. And that practice is, in a areas of Federal Government. and the fact that we have begun to re- run-of-the-mill tort case, personal in- Mr. EHRLICH. And in the process, I, generate that pride is reflected in the jury case, a punitive damage count is we are looking to your leadership to let poll results. included, even where there is no evi- the American people know the real Getting back to tort reform and this dence of punitive damages. facts. I hope the leadership from the whole theme that we are talking about, Now, the opposition told America Democratic party in this House will they do not get it, and a lack of indi- last week, there are not that many pu- begin to engage in an honest debate. If vidual initiative and individual pride, nitive damage judgments. The Repub- they have nothing to hide, if they want there is a psychology in this country, licans have a strident and ridiculous to defend the welfare state, let’s face and I know the gentleman as a busi- remedy for a problem that is not that it, reasonable people can disagree nessman suffers as a result of this psy- large. We can count on the fingers of about rescission bills, about welfare re- chology, and that psychology basically one hand how many punitive damage form, about regulatory reform, about is, if some real or perceived ill befalls judgments were paid out in a particu- tort reform. Just do not hide in the me at any point in society, well, there lar jurisdiction. But that is missing the failed policies of the past. Be proactive, has to be a legal cause of action, there point. That is missing the point, be- look to the future, join us in serving has to be a remedy, there has to be a cause the fact that those punitive dam- the American people, but to the extent bureaucrat to make you feel better, age counts are included in complaints they continue to engage in phony num- there has to be a regulation, and there drives up the settlement value of cases. bers and misrepresentations to the has to be money in my pocket and it is Most cases, as the gentleman is well American people on the important is- costing all of us billions of dollars. aware of, never go to trial, but the in- sues of the day, we need to call them Now, many of us on this side know, surance company, the carrier, has to on it, because to the extent we indulge and the American people know, there value a case, even a garbage case, at a them, we share the blame and right- are legitimate plaintiffs in civil cases higher figure because of the presence of fully so. and they deserve, in some cases, major a punitive damage count. Result, high- Mr. RADANOVICH. And it is a dis- awards. But the fact is, this foundation er settlement. Result, cost passed on to service to the American people flat that I am owed something, that if consumer. Result, higher prices. Re- out. I mean, what they are doing is something happens to me, I have to sult, we got a big problem in this coun- clouding what the issues really are on have a lawyer, I have to file a lawsuit, try. the floor of this House. I have got an I have to get the money, somebody has Mr. RADANOVICH. You know, gen- issue from one of the Senators in my to pay for it, it goes back to this theme tleman from Maryland, it seems to me State regarding a balanced budget of a lack of individual responsibility. that there are in a book somewhere, amendment, which, in my view, is nec- The American people are crying out to and I do not think it said Uncle Sam is essary in order to get spending under us saying, stop it, we are not that my shepherd, it said somebody else, control and to achieve privatization greedy, it is costing us too much and I think that in America we have and localization, where at one point money. We literally cannot afford it. just begun to depend too much on during that Senator’s election, voted March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3151 for the balanced budget amendment, no Mr. RADANOVICH. Maybe next time this entire line was the intrusion of a limitations whatsoever. In the political we will have a 1–800 number and the highway in this area. race of that person’s life, voted for the people can do call-ins on. I do not This is good management of our nat- balanced budget amendment and won know. ural resources. This is bad manage- the election and then afterward it Mr. EHRLICH. I look forward to that. ment of our natural resources. comes up to the Senate that person Mr. Speaker, I yield the remainder of We talk about what man has done to voted against the same balanced budg- my time to Mr. COOLEY. our natural resources, Mr. Speaker, et amendment measure. And what I TIMBER SALVAGE and you can see the difference. Before would caution I think on both sides of Mr. COOLEY. Mr. Speaker, I rise to- man ever got involved, this is the pic- the party is that people are going to night to talk about timber salvage. For ture we had in this particular area. In come back to Washington, they better those watching or listening, I would 1993, this is the results of man’s inter- come here with some convictions and first like to define this term briefly vention and what we have done to im- they better keep them once they get and then outline the course of my re- prove our forests. here because the voters are going to marks. The language that will authorize the see right through them. Timber salvage is not a difficult con- salvage of timber is found in section Mr. EHRLICH. We talked about that cept. Presently, millions of acres of our 307 of title III in H.R. 1159. 2 weeks ago. Cliches, rhetoric, they do public forest lands contain trees that Briefly, this will allow expedited not get it. Class warfare. Right here is preparation, advertising, offering, and where the rubber meets the road and have been burned, ravaged by disease or insects, or blown down. awarding of contracts without being the American people can open their held up in court while the wood rots on newspaper, tune in C–SPAN, listen to These trees, like any other crop, such as wheat or apples, lose their value if the ground. the radio, receive our correspondence, In the first year, 3 billion board feet and find out who stuck by their guns, not harvested in a timely fashion. After an apple has dropped from the are authorized to be harvested from who cast tough votes. Federal lands; an additional 3 billion Mr. RADANOVICH. And I would say tree it can still be used for eating if it is picked up quickly; if it is picked up board feet are to be harvested in the to the Democratic party, rather than following year. hurling stones and misrepresenting after a few days, it may only be good for cider. On Bureau of Land Management what is going on back here, come up lands, an additional 115 million board with a plan, for God’s sake. Bring it up Trees have a little longer timeframe and are a good deal more hardy. De- feet are to be harvested each year. here and let’s debate the merits of it. The Secretary may not designate But to use the same old tactic, admit- pending on the type of tree, some spe- cies may be taken for quality timber a timber stands for sale that belong to ting that maybe they worked for the the national wilderness preservation Republicans in achieving the majority, year after falling. After that, the quality of the wood system or roadless areas in Colorado which I think they are wrong, it was and Montana. the Contract With America that got us products derived from these trees de- creases. The final stage of downed tim- Section 318 provisions are written the majority, do what we do, but do the into the bill to award and release pre- things we did right. Do a plan and sell ber’s usefulness comes after the second year as it is sold for chips to be used in viously offered and unawarded timber it to the American people. If they are sale contracts. not going to buy it, then I would sug- making pulp and paper. Clearly, the commercial life of this Environmental assessments must be gest you change your plan. prepared by the Secretary pursuant to Mr. EHRLICH. You hear time and crop is limited. If we are to reap some the National Environmental Policy Act time again the Democrat spin artists, benefit from this resource that would and the Endangered Species Act. If the the Democrat pollsters say, Hey, no otherwise be wasted, then we must act sale fails on these counts then it will one heard about the Contract With quickly. This harvesting of trees is not be allowed. America, it is phony, folks, it was just known as salvage. Each section of land that is har- one of those things. It was a bad year. In short, timber salvage is the har- vested must be replanted; the Sec- We had an unpopular President, what- vesting of trees that are dead or will retary is given the authority and re- ever. But the fact is, people may not die shortly. These trees have value and sponsibility to carry this out. have identified the Contract With must be harvested quickly to assure Finally, no restraining order, injunc- America, but they knew about regu- that their economic value is not lost. latory reform and they knew about tax Tonight, I want to talk about timber tion, or granting of relief may be given reform and they knew about a stronger salvage and what it accomplishes for to prevent these sales. All civil actions national defense. us. I have some pictures that illustrate to prevent sales must be completed Mr. RADANOVICH. Balanced budget. the effects of our timber policies and within 45 days. Mr. EHRLICH. A balanced budget the need to continue our careful man- This is an extremely important pro- amendment, a line-item veto. They agement of these resources that does vision that will prevent sales from knew about these things. Maybe they not preclude harvesting timber. being held up in court while the need did not label it as the Contract With for the sale becomes mute. b America, but they recognized it when 2300 EFFECTS OF TIMBER SALVAGE ON THE ECONOMY they saw it and they supported it and I also want to explain the provisions AND ENVIRONMENT they voted accordingly and they are of the bill that will be considered this The effects of this bill are three-fold: very happy with it. week to implement a timber salvage First, this bill means better forest Mr. RADANOVICH. And frankly I program. I will be joined by several of health. As I mentioned earlier when I think that is why we are here, but I my other colleagues, if time permits. I showed the picture, active manage- think the point, too, as to why we are would like to show them something ment means more and better forests. here tonight is to get a point across, here. If we allow diseased trees to stand, that point, and that is the fact that we Here is a photograph, I hope you can we are setting the stage for more cata- are here for localizing government to pick this up, of a lava butte on October strophic fires and the spread of diseases the local level and also privatizing cer- 30, 1992, before man ever came, before and infestations. In 1994, 33 young men tain functions that Washington does, the harvesting was ever accomplished and women, some of them from my dis- and that can’t be said too many times. on this property. You can see the ef- trict, lost their lives battling forest It just needs to be said over and over fects of diseased and dying timber and fires that consumed 4 million acres of again. the effects of fire. forest land. Mr. EHRLICH. Well, I thank the gen- I want to show you the same area on The American taxpayer picked up the tleman from California. I look forward December 8, 1993. This is exactly the tab—roughly $1 billion. Had we not to continuing this colloquy in a few same timberland. You can see the pursued a fire-suppression policy and weeks with the gentleman with respect greenness and the ability of protecting paid this price, millions more acres to budgetary issues. this forestland. The only intrusion in may have been lost. H 3152 CONGRESSIONAL RECORD — HOUSE March 14, 1995 The 4 million acres that burned de- For some mills it is too little, too ing, and we have to substitute metal stroyed 3.6 billion board feet of timber. late. Last week, one mill in my dis- studs, for instance, and other metal The value of the burned timber is near- trict, the Modoc Co., announced that it components and plastic components for ly $800 million, which amounts to the would be closing its doors. To date, wood components in the home, and board footage needed to build 330,000 thousands of workers have been thrown that is going to cost the average family single-family homes. out of work. more. In addition it is going to be It is no secret that wood burns—dry This bill will at least stop the car- against the environment because when and dead wood burns even better. nage. For those who remain there will we take metal, which must be mined, Lighting strikes or stray sparks from be timber to harvest and process. first of all creating environmental campfires that might have gone out in I have received an estimate of the problems, than it has to be smelted, healthy forests become raging forest economic benefits that will accrue to using a great deal of energy, and then fires that consume the unhealthy trees these communities and would like to manufactured in a more toxic process, and dead wood with the healthy share some of the more important many times greater than wood. In the growth. numbers: Employment will increase by end of its life disposing of it is much Many fires are naturally occurring 22,900; wages earned by workers will more difficult than wood. and even have some beneficial effects. total $976.1 million; Federal income tax However, the fires that become too in- revenues will equal $150 million; fi- b 2310 tense, scorch the Earth and destroy the nally, increased payments to the helpful nutrients, organisms, and seeds States will bring in $82.5 million. And the same thing with plastic. We that are needed to regenerate the As I conclude, remember that timber have to import the oil from outside the Earth. salvage will help the environment, country. Often it is spilled on the way U.S. forests contain an estimated 20 raise $1 billion in revenue, and provide here. We have to fight many times to billion board feet of dead or dying tim- jobs for thousands of hard-working, be able to retain our source of oil. And ber. This is a huge amount of tinder. honest people. then the manufacturing process for the Further, assuming the forests do not When we were receiving testimony on plastic is often more toxic and its dis- experience the ravages of fire, the bio- timber salvage last month I heard a posal is more difficult. logical balance is not served by having story that underscores the idiocy of So I am saying to you if you take the billions of board feet rot into oblivion the policy we are pursuing presently. environmental path, a renewable re- on the ground. New growth is stifled. A mammoth Douglas-fir had fallen source like wood for making the table, Second, this bill means revenue for somewhere in the West—a tree whose or the dais or the chairs that we have, Uncle Sam. In a time of massive cut- timber would have brought $60,000. In- or many other good products, it is backs, such as the rescissions bill we stead, while the bureaucrats fiddled, much better for us to use that renew- will be considering tomorrow, it is im- the tree lost its fine timber value, fi- able resource of wood than it is to use portant to generate more revenue nally being sold for firewood at a cost finite resources such as metal or plas- through increased commerce. to the buyer of $5 a cord. tic. It is estimated that the salvage acre- I believe we can manage our re- And yet as our country grows and as age in the bill will generate approxi- sources better. We must, or the next more homes are needed, we have no al- mately $1.2 billion in gross revenues generation will answer for our neg- ternative but to use some source of ma- over the next 2 years. The release of ligence. Tomorrow, let us take that terials. The renewable resource of wood old sales pursuant to section 318 will step and approve the salvaging of dead is the environmental resource to use. bring in over $115 million. and dying timber. Saying that, we have two sources pro- Mr. Speaker, to date, the efforts of Mr. Speaker, I yield to the gentleman viding it: First of all from the private our Federal agencies concerning tim- from North Carolina [Mr. TAYLOR]. sector, from individual farms and indi- ber salvage and forest health have been Mr. TAYLOR of North Carolina. Mr. vidual tracts that are purchased, and a inadequate. Speaker, I appreciate the statements of great deal of our forest products come I believe this bill rectifies these er- the gentleman from Oregon [Mr. from that. But we also created the Na- rors in judgment and prevents delib- COOLEY] about the forest salvage bill. tional Forest Service at the end of the erate attempts to lock up timber from It will come up as an amendment on last century and the beginning of this any responsible management. Thursday to the emergency supple- century to provide fiber for our Nation. All this is not to mention the money mental and rescission package that Now, the Forest Service is under the saved from a reduced need to suppress will be before the House, and the com- Department of Agriculture because it fires. This could be as much as $200 ments the gentleman just made from is to be harvested and grown in our na- million. Oregon are very timely, and I think the tional forests. We have a National Park Third and finally, we will keep tim- whole Nation is beginning to realize Service under the Interior Department ber workers from the unemployment that we have in many respects mis- that is not harvested. There is very lit- lines. The tension in these commu- managed our resources over the years. tle management that goes on inside na- nities is high. Fewer harvests mean no The question has come up about the tional parks. We have also set aside jobs and the destruction of the eco- Forest Service management of prop- over 34 million acres inside the U.S. nomic base in many small logging erty many times on this floor, and I am Forest Service in wilderness designa- towns. As the logger goes, so goes the not here to defend the Forest Service tion that is not harvested and is man- town. categorically. I am one who believes aged much like the national parks. Other small businesses in these that the Government generally will There are other specific set-asides such towns depend on the timber worker to mess up a one-car funeral, and con- as wilderness designation, wild and sce- spend his paycheck. Rather than de- sequently most Government agencies nic rivers, where no harvest is allowed. scribing this as a ripple effect, you are certainly not perfect. But the For- We are down to probably one in five could call it a tidal wave. As timber be- est Service has a history in the main of acres of the one-third of this Nation comes scarce, communities begin to taking a nation at the beginning of that is publicly owned that even gets fold. this century where we had ravaged any consideration for harvest. The I’ll wager that most of those who op- many of our forests and turned those other 80 percent of our publicly owned pose even the most responsible logging forests into productive forests to the land is not harvested. And that cer- haven’t compiled statistics on the point that we are growing far more tainly, I think, disputes the fact that human damage that their antics cre- timber today than we are cutting. In any sort of harvest will ravage our pub- ate. Broken homes, drinking problems, fact, Mr. Speaker, more die in the for- licly owned lands because we only give and abuse abound when the pressures est than we harvest, and that is a attention to approximately one out of to find work increase. shame when you consider that just in five acres. Can the damage we have done by de- the last 3 years the price of lumber for We need the forest and the harvest stabilizing these timber communities a home has gone up from $4,000 to $6,000 also for the economy. We talked a mo- be fully calculated? Doubtful. for an average couple, and it is grow- ment ago about the costs going up for March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3153 the average person buying a home be- winds, storms, hurricane, and torna- of people’s individual homes, and to cause of the limited sales that are in does, things of that nature have rav- hurt the environment, under the guise this Nation now from our Forest Serv- aged, broken down timber in the forest. of environmentalism. Some of it is ice and from many private lands be- And if it cannot be harvested, it is al- from individuals who are well-meaning, cause of the maze of regulations that most impossible to go in and replant who just do not have the expertise or have been ensnarled around them. those areas that are destroyed because the knowledge. Some of it is deliberate We know that home building, of of the twisted and broken timbers. hysteria, because many of those orga- course, is a very important part of our In the areas out west where you have nizations take in hundreds of millions economy. But as we force homes high- had devastating fires, you bake the of dollars here in Washington, and by er, we are going to decrease the num- soil, you create a charcoal mass that scaring people into sending money to bers of homes people are able to buy goes into the streams. It is almost im- protect something not endangered they and we are going to hurt the economy possible for vegetation to come back. can continue to take in those funds. and jobs in that way. Certainly not selected vegetation or a That, unfortunately, is a shame. I often hear comments made on the species that would be harvestable, a With this bill we are using coopera- floor about the forest sales go to big species that would be the best species tion with professionals, with the For- timber companies. That just is not for that forest. est Service, with the best knowledge true. Over 90 percent of the forest sales And so, all across the Nation, we we have in managed silviculture, to go that are made in this country go to need for forest health to address the after a resource that is wasting and small family-owned organizations, all question of harvesting salvaged timber. provide jobs, taxes, and forest health the way from the operation that may And this amendment that we are offer- for this Nation. I hope the people of be harvesting the timber to the oper- ing on Thursday, that will be in the this Nation will all support us and the ation that is manufacturing it. bill and will be voted on on Thursday, Members of this body when we vote on The major timber companies in this would allow the Forest Service to go in that measure Thursday. country, by the great portion, harvest and harvest, over a 2-year period, ap- I appreciate the gentleman from a great portion of the timber from proximately 6.2 billion board feet of Maryland giving me the time. their own lands. So most sales that are timber. Mr. EHRLICH. Mr. Speaker, I yield made are small sales and they are The timber would amount to, prob- to the gentlewoman from Idaho [Mrs. made to small businessmen, in most ably by that time, about 20 percent of CHENOWETH]. cases family-owned businesses. It is the down and dead timber. We are in- Mrs. CHENOWETH. Mr. Speaker, I just not true that there is any big creasing salvaged timber about 6 bil- like to read old books. I was poking amount. lion board feet a year due to natural around the other day in an old book- They also are sold at a public bid. disaster, so we will not be getting all of store and found a book on Executive That means that the Forest Service ad- the salvaged timber. It will allow the orders, and some of the Executive or- vertises the timber that is for sale and Forest Service to make the decision of ders that were issued by President the highest bid then is accepted and which areas are to be harvested. They Teddy Roosevelt. the Forest Service has the right to de- can pick those that are least sensitive; cline a bid if it is too low. So the gov- those that can be harvested the Because force management is an im- ernment gets the top price in the bid quickest and with the highest return to portant issue to me, I found this very process for its timber in most cases. the government. interesting Executive order that was Now, what are we talking about to- The Forest Service professionals issued in 1905. It talks about the forma- night in this amendment? We are talk- make this decision, not people who are tion of the Forest Service, and it states ing about not green timber that needs buying the timber, not the mills, not in this order that during the year of also to be harvested. We are talking the timber loggers or the harvesters. It 1908, severe droughts visited many about dead and dying trees. We are will be made by the forest profes- parts of the country and forest fires talking about timber that has been sionals. They will determine which were frequent and destructive. But dur- burned. We are talking about almost 30 timber will be put on sale. ing this time, the National Forest suf- billion board feet of timber in this We know that this will be a plus for fered little loss, owing to a system of country that will rot and die and be the taxpayer, because the CBO has patrol by which many smaller fires are wasted unless some of it is harvested. scored a positive return to the tax- extinguished before gaining destructive We are harvesting only a fraction of it payer. The estimates range anywhere headway. In pursuance of the policy now because of the maze of regulations. from $36 million the first year all the that the forests are for the use of the It is important for jobs, as we point- way up to $650 million. And it would be people under proper restrictions, graz- ed out, because it can put in the difficult to tell exactly the positive re- ing privileges, timber cutting, haying, stream in badly harmed areas in the turn until the sites are selected. But and other small privileges are let under south, southeast, in the Pacific North- we know that there will be very little government supervision. west and other areas, timber that is effort, little expenditure, put out for I think Mr. Roosevelt’s Executive needed to start the mills going and to these because during the 2 years of this order pretty well lays out what the re- provide lumber for homes and for per- emergency provision there will not be sponsibilities of the Forest Service sonal use. time for road construction or a great were and the Forest Service’s relation- But it is not just jobs that are in- deal of activity to go on in preparation. ship to the States. volved. Forest health is involved. And Mr. Speaker, I want to say that we in b it is a question all over this country. In 2310 the West are very proud of our forest the south and the southeast, pine bee- They will have to go to the commer- reserves, and it is my concern that we tles have ravaged thousands of acres of cial areas of the forest. And that is all be able to bring back to this Nation the timber and used those trees as host this applies to, not wilderness areas, proud heritage that our fathers and trees to spread to other healthy parts park areas, or areas where we cannot forefathers left in beautiful stands of of the forest and to spread to private cut now, it is to the commercial areas timber. We have learned our lessons lands. of forest already subject to being har- from unfortunate timber harvest prac- We had one member of our Commit- vested. They will have to go to those tices. tee on Appropriations from Texas that areas ready and reachable in order to In the early seventies, a number of pled that we try to start harvesting in harvest 6.2 billion board feet over the environmental pieces of legislation his particular area because the host in- next two years. passed this body and were signed into sects from the Forest Service were So we are saying to you that far too law. Some of the legislation has been going on to private farms all around often in the past we have allowed peo- characterized as dooming the produc- and destroying timber there. ple to use hysteria under the guise of tive sector. I do not think so. In fact, I The gypsy moth has done a great environmentalism, to actually harm wish to rise this evening to defend the deal of damage. In the Appalachian re- the environment, to cost thousands of National Environmental Policy Act, gion, oak decline. Natural disasters, jobs in the Nation, to drive up the cost one of the pieces of legislation which H 3154 CONGRESSIONAL RECORD — HOUSE March 14, 1995 began the movement of more environ- eral lands have deteriorated rapidly. LEAVE OF ABSENCE mental legislation. Wild fires have devastated millions of By unanimous consent, leave of ab- The issue is not the environmental acres. sence was granted to: legislation that was passed. The issue Mr. Speaker, unless these dead Miss COLLINS of Michigan (at the re- is today how we are carrying out that stands of timber, the dead and dying quest of Mr. GEPHARDT) for today and environmental legislation. I want to timber, is removed immediately the balance of the week, on account of read to you the purpose statement set through proper harvesting and we re- illness. forth by the Congress of the National turn to a proper role of management in Mrs. THURMAN (at the request of Mr. Environmental Policy Act of 1969, our national forests, there will be a GEPHARDT) for today, on account of a known as NEPA. tremendous amount of eroded soil to death in the family. That purpose and policy statement flush into our mountain streams that Mr. BLILEY (at the request of Mr. reads as follows: To declare a national destroy critical spotting and rearing ARMEY), after 2 p.m. today, on account policy which will encourage production habitat for our endangered species, the of illness. and enjoyable harmony between man listed salmon. Mrs. CUBIN (at the request of Mr. and his environment; to promote ef- Although Federal authorities have ARMEY), for today and the balance of forts which will prevent or eliminate authority under present law to remove the week, on account of recovering damage to the environment and bio- dead and dying timber from our na- from surgery. sphere and stimulate the health and tional forests, they have failed to do Mr. ROGERS (at the request of Mr. welfare of man; to enrich the under- so, and this is why at this time Con- ARMEY), for today until 5:30 p.m., on standing of the ecological systems and gress must intervene to correct this account of illness in the family. natural resources important to this mismanagement. Nation. Timber salvage and proper forest f You see, Mr. Speaker, NEPA is a very health not only makes good sense for SPECIAL ORDERS GRANTED important document that has been for the environment, it makes good sense too long overlooked. First, NEPA is for our rural communities, our schools, By unanimous consent, permission to the national policy which recognizes and our roads and the national Treas- address the House, following the legis- the importance of production from our ury. lative program and any special orders natural resources. In fact, the first pur- Mr. Speaker, I just want to close my heretofore entered, was granted to: pose listed uses the words ‘‘encourage comments by stating just a few things (The following Members (at the re- production.’’ Second, NEPA recognizes that wood provides, including rayon, quest of Mr. HANSEN) to revise and ex- man as an important element of our photographic film, alcohol, football tend their remarks and include extra- environment when it states ‘‘Harmony helmets, piano keys, on and on and on. neous material:) between man and his environment.’’ This Nation cannot do without wood. Mr. MANZULLO, for 5 minutes, today. Not only does NEPA recognize man as Mr. Speaker, I just hope that this Mr. FOX of Pennsylvania, for 5 min- extremely important in this equation, body will recognize that and we can re- utes, today. but recognizes that the environment is turn to a multiple use, sustained yield Mr. CHABOT, for 5 minutes, today. his. NEPA indicates that man has the policy in our national forests. Mr. GUTKNECHT, for 5 minutes, today. right of possession of the natural re- Mr. HAYWORTH, for 5 minutes, today. f sources, but that these resources are to Mr. LINDER, for 5 minutes, today. be used in a responsible manner, not to The SPEAKER pro tempore. Under Mr. NEY, for 5 minutes, today. be locked away without man’s use. the Speaker’s announced policy of Jan- Mrs. SMITH of Washington, for 5 min- Then NEPA recognizes that man has a uary 4, 1995, the gentleman from Ver- utes, today. role to prevent damage to the environ- mont [Mr. SANDERS] in recognized for Mr. WAMP, for 5 minutes, today. ment, so as to stimulate the health and 60 minutes. Mr. WHITFIELD, for 5 minutes, today. welfare of man. [Mr. SANDERS addressed the House. Mr. RIGGS, for 5 minutes, today. Finally, Mr. Speaker, NEPA tells us His remarks will appear hereafter in (The following Members (at the re- that we must enrich that understand- the Extensions of Remarks.] quest of Mr. DEFAZIO) to revise and ex- ing and importance of natural re- tend their remarks and include extra- f sources to our Nation. While NEPA neous material:) clearly defines the role of man with his The SPEAKER pro tempore. Under Mr. GUTIERREZ, for 5 minutes, today. environment, we as a law making body the Speaker’s announced policy of Jan- Ms. KAPTUR, for 5 minutes, today. have failed—failed to provide proper uary 4, 1995, the gentleman from Or- Mr. MONTGOMERY, for 5 minutes, management of our natural forests. egon [Mr. COOLEY] in recognized for 30 today. The Federal agencies have diverted minutes. Mr. MILLER of California, for 5 min- congressional funds to other programs [Mr. COOLEY addressed the House. utes, today. such as affirmative action programs His remarks will appear hereafter in Ms. DELAURO, for 5 minutes, today. and ecosystem management programs, the Extensions of Remarks.] Mr. KILDEE, for 5 minutes, today. multiple agreements with other agen- Mrs. CLAYTON, for 5 minutes, today. cies which are diverted into programs f Mr. DEFAZIO, for 5 minutes, today. such as ecosystem management. And The SPEAKER pro tempore. Under (The following Member (at the re- while this has happened, we have al- the Speaker’s announced policy of Jan- quest of Mr. MANZULLO) to revise and lowed a huge buildup of fuel to build up uary 4, 1995, the gentleman from South extend his remarks and include extra- on the forest floor, creating tremen- Carolina [Mr. CLYBURN] in recognized neous material:) dous potential for fires. That is the for 60 minutes. Mr. METCALF, for 5 minutes, today. reason for this legislation. [Mr. CLYBURN addressed the House. f Mr. Speaker, last year in the North- His remarks will appear hereafter in west alone we had 67,000 fires. We the Extensions of Remarks.] EXTENSION OF REMARKS burned 8.135 billion board feet of tim- By unanimous consent, permission to ber. That is enough to construct 542,000 f revise and extend remarks was granted homes and provide 1.5 million jobs just The SPEAKER pro tempore. Under to: in home construction. the Speaker’s announced policy of Jan- (The following Members (at the re- After 9 years of continuous drought uary 4, 1995, the gentlewoman from quest of Mr. HANSEN) and to include ex- in the West, and without proper Texas [Ms. JACKSON-LEE] in recognized traneous matter:) thinning and harvest, and contrary to for 60 minutes. Mr. BUYER. the acts of Congress that established [Ms. JACKSON-LEE addressed the Mr. HASTERT. the national forests in the beginning, House. Her remarks will appear here- Mr. FAWELL. the health and stability of these Fed- after in the Extensions of Remarks.] Mr. BAKER of California. March 14, 1995 CONGRESSIONAL RECORD — HOUSE H 3155 (The following Members (at the re- U.S.C. 2767(f); to the Committee on Inter- PUBLIC BILLS AND RESOLUTIONS national Relations. quest of Mr. DEFAZIO) and to include Under clause 5 of rule X and clause 4 extraneous matter:) 538. A letter from the Chairman, Council of the District of Columbia, transmitting a of rule XXII, public bills and resolu- Mrs. MEEK of Florida. copy of D.C. Act 11–27, ‘‘Air Pollution Con- tions were introduced and severally re- Mr. KENNEDY of Rhode Island. trol Program Regulations Federal Conform- ferred as follows: Mr. LANTOS. ity Amendment Act of 1995,’’ pursuant to By Mr. WYDEN (for himself, Mrs. Mr. MILLER of California. D.C. Code, section 1–233(c)(1); to the Commit- MORELLA, Mr. KENNEDY of Massachu- Mrs. SCHROEDER. tee on Government Reform and Oversight. setts, and Mr. REGULA): Mr. MONTGOMERY. 539. A letter from the Chairman, Council of H.R. 1221. A bill to amend the Public Mr. MATSUI. the District of Columbia, transmitting a Health Service Act to establish Federal Ms. WOOLSEY. copy of D.C. Act 11–28, ‘‘Government Man- standards for long-term care insurance poli- Mr. NEAL. agers Accountability Amendment Act of 1995’’, pursuant to D.C. Code, section 1– cies, and for other purposes; to the Commit- Ms. SLAUGHTER. 233(c)(1); to the Committee on Government tee on Commerce. Mr. MINETA. Reform and Oversight. By Mr. BARRETT of Wisconsin (for Mr. SCHUMER. 540. A letter from the Chairman, Council of himself, Mr. KLUG, Mr. DEAL of Geor- Mr. FILNER. the District of Columbia, transmitting a gia, Mr. SHAYS, Mr. MINGE, Mr. DICK- Ms. ESHOO. copy of D.C. Act 11–26, ‘‘Foreign Physicians EY, Mr. MCHALE, Mrs. WALDHOLTZ, (The following Members (at the re- of Conceded Eminence University, Hospital, and Mr. CASTLE): quest of Mr. MANZULLO) and to include and Medical Centers Practices Amendment H.R. 1222. A bill to require that travel extraneous matter:) Act of 1995,’’ pursuant to D.C. Code, section awards that accrue by reason of official trav- Mr. PACKARD. 1–233(c)(1); to the Committee on Government el of a Member, officer, or employee of the Reform and Oversight. Mr. LAHOOD. House of Representatives be used only with 541. A letter from the Director, Audit Oper- Mr. FORBES, in two instances. respect to official travel; to the Committee ations, Division B, Department of Veterans on House Oversight. Mr. LATOURETTE. Affairs, transmitting the Department’s final By Mr. BROWN of California: (The following Members (at the re- report, ‘‘Review of VA’s Implementation of H.R. 1223. A bill to amend the act of June quest of Mr. EHRLICH) and to include the Anti-Influencing Requirements of Public 15, 1938, to extend the authority of the Sec- extraneous matter:) Law 101–121,’’ pursuant to Public Law 101– retary of Agriculture to purchase lands with- Mr. ROTH. 121, section 319(a)(1) (103 Stat. 753); to the Committee on Government Reform and in the boundaries of certain National Forests Mr. PALLONE. in the State of California to include the An- Mr. GORDON. Oversight. 542. A letter from the Executive Director, geles National Forest and to expand the pur- Ms. BROWN of Florida. Pension Benefit Guaranty Corporation, pose for which such purchases may be made; Mr. OWENS. transmitting a report of activities under the to the Committee on Resources. Mr. FRANK of Massachusetts. Freedom of Information Act for calendar By Mr. DEAL of Georgia: Mrs. COLLINS of Illinois. year 1994, pursuant to 5 U.S.C. 552(b); to the H.R. 1224. A bill to amend title 10, United f Committee on Government Reform and States Code, to authorize the Secretary of Oversight. Defense to detail members of the Armed ADJOURNMENT 543. A letter from the Chairman, U.S. Nu- Forces to other Federal agencies to assist Mr. EHRLICH. Mr. Speaker, I move clear Regulatory Commission, transmitting such agencies in enforcing the drug, immi- that the House do now adjourn. a report of activities under the Freedom of gration, and customs laws of the United Information Act for calendar year 1994, pur- The motion was agreed to; accord- States in border areas, to make certain suant to 5 U.S.C. 552(d); to the Committee on aliens ineligible for certain social services, ingly (at 11 o’clock and 30 minutes Government Reform and Oversight. p.m.), under its previous order, the and to provide for grants to the States to 544. A letter from the Boy Scouts of Amer- compensate for State costs associated with House adjourned until Wednesday, ica, transmitting the Boy Scouts of America resident lawful aliens; to the Committee on 1994 report to the Nation, pursuant to 36 March 15, 1995, at 10 a.m. the Judiciary, and in addition to the Com- U.S.C. 28; to the Committee on the Judici- f mittees on National Security, Agriculture, ary. EXECUTIVE COMMUNICATIONS, 545. A letter from the Chairman, U.S. Sen- Commerce, Ways and Means, and Economic and Educational Opportunities, for a period ETC. tencing Commission, transmitting three re- ports on sentencing issues; to the Committee to be subsequently determined by the Speak- Under clause 2 of rule XXIV, execu- on the Judiciary. er, in each case for consideration of such pro- tive communications were taken from 546. A letter from the Deputy Adminis- visions as fall within the jurisdiction of the the Speaker’s table and referred as fol- trator, General Services Administration, committee concerned. lows: transmitting an informational copy of the By Mr. FAWELL (for himself, Mr. 534. A letter from the Under Secretary of space situation report for Cambria County, BARRETT of Nebraska, Mr. ANDREWS, Defense, transmitting a report of a violation PA, pursuant to 40 U.S.C. 606(a); to the Com- Mr. HOEKSTRA, and Mr. of the Anti-Deficiency Act which occurred in mittee on Transportation and Infrastruc- CHRISTENSEN): the Department of the Air Force, pursuant ture. H.R. 1225. A bill to amend the Fair Labor to 31 U.S.C. 1517(b); to the Committee on Ap- f Standards Act of 1938 to exempt employees propriations. who perform certain court reporting duties 535. A letter from the Assistant Secretary REPORTS OF COMMITTEES ON from the compensatory time requirements for Legislative Affairs, Department of State, PUBLIC BILLS AND RESOLUTIONS applicable to certain public agencies, and for transmitting the Secretary’s determination Under clause 2 of rule XIII, reports of other purposes; to the Committee on Eco- and certification regarding Government ac- committees were delivered to the Clerk nomic and Educational Opportunities. tions to terminate chemical weapons pro- for printing and reference to the proper By Mr. FAWELL (for himself and Mr. liferation activities of foreign persons, pur- PETRI): calendar, as follows: suant to 50 U.S.C. app. 2410c(b)(2); to the H.R. 1226. A bill to amend the Fair Labor Committee on International Relations. Mr. ROBERTS: Committee on Agriculture. Standards Act of 1938 to make uniform the 536. A letter from the Acting Director, De- H.R. 1135. A bill to improve the commodity application of the overtime exemption for in- fense Security Assistant Agency, transmit- distribution programs of the Department of side sales personnel; to the Committee on ting notification concerning a cooperative Agriculture, to reform and simplify the Food Economic and Educational Opportunities. research and development effort with the Stamp Program, and for other purposes; with By Mr. FAWELL: NATO Hawk Production and Logistics Orga- an amendment (Rept. 104–77). Referred to the H.R. 1227. A bill to amend the Portal-to- nization for the fire direction operations Committee of the Whole House on the State center project (Transmittal No. 03–95), pursu- of the Union. Portal Act of 1947 relating to the payment of ant to 22 U.S.C. 2676(f); to the Committee on Mr. DREIER: Committee on Rules. House wages to employees who use employer-owned International Relations. Resolution 115. Resolution providing for con- vehicles; to the Committee on Economic and 537. A letter from the Acting Director, De- sideration of the bill (H.R. 1158) making Educational Opportunities. fense Security Assistance Agency, transmit- emergency supplemental appropriations for By Mr. HUNTER (for himself and Mr. ting notification concerning the engineering additional disaster assistance and making CUNNINGHAM): and manufacturing development [EMD] rescissions for the fiscal year ending Sep- H.R. 1228. A bill to amend the Fair Labor phase of the Evolved Seasparrow Missile Pro- tember 30, 1995, and for other purposes (Rept. Standards Act of 1938 to provide a limited ex- gram (Transmittal No. 04–95), pursuant to 22 104–78). Referred to the House Calendar. emption from the child labor provisons of H 3156 CONGRESSIONAL RECORD — HOUSE March 14, 1995 such act; to the Committee on Economic and Florida, Mr. UPTON, and Mr. FA- H.R. 592: Mr. EMERSON and Mr. WELDON of Educational Opportunities. WELL): Florida. By Mr. KENNEDY of Rhode Island: H.R. 1235. A bill to terminate the price sup- H.R. 612: Mr. HOEKSTRA. H.R. 1229. A bill to amend the Internal Rev- port program for honey; to the Committee H.R. 656: Mr. SOLOMON, Mr. JONES, Mr. ACK- enue Code of 1986 to allow a deduction for the on Agriculture. ERMAN, and Mr. ROYCE. payment of interest on student loans; to the By Mr. EMERSON (for himself, Mr. MI- H.R. 682: Mr. BARTLETT of Maryland and Committee on Ways and Means. NETA, Mr. SHUSTER, Mr. DURBIN, Mr. Mr. BEREUTER. By Mr. MICA (for himself, Mr. OBER- DREIER, Mr. BLILEY, Mr. OXLEY, Mr. H.R. 732: Mr. BARTLETT of Maryland, Mr. STAR, Mr. GILCHREST, Mr. HAMILTON, DIAZ-BALART, and Mr. CALVERT): GREENWOOD, and Mr. WICKER. Mr. EMERSON, Mr. MCKEON, Mr. LI- H. Con. Res. 39. Concurrent resolution ex- H.R. 783: Mr. UPTON, Mr. BEVILL, Mr. CAL- PINSKI, Mr. TRAFICANT, Mr. RAHALL, pressing the sense of the Congress regarding LAHAN, Mr. SPENCE, Mrs. CHENOWETH, Mr. Mr. BLUTE, Mrs. SEASTRAND, Mr. Federal disaster relief; to the Committee on WHITFIELD, and Mr. CRAMER. FAZIO of California, Mr. MANZULLO, Transportation and Infrastructure. H.R. 789: Mr. HAYWORTH, Mr. MONTGOMERY, Mr. LAHOOD, Mr. MATSUI, Mr. HOYER, Mr. CREMEANS, and Mr. FRANKS of New Jer- f Mr. CONDIT, Mr. BREWSTER, Mr. sey. CLEMENT, Mr. MCHUGH, Mrs. PRIVATE BILLS AND H.R. 849: Mr. STUDDS, Mr. HOKE, Mr. BENT- MORELLA, Mr. CRAPO, Mr. LEWIS of SEN, Mr. MORAN, Mr. LIPINSKI, Mr. BROWN of RESOLUTIONS California, Mr. HYDE, Mr. MOORHEAD, California, and Mr. DEUTSCH. Mr. HASTERT, Mr. MCINTOSH, Mr. Under clause 1 of rule XXII, private H.R. 877: Mr. VENTO. WELDON of Florida, Mr. EHLERS, Mr. bills and resolutions were introduced H.R. 911: Mr. CLINGER and Mr. SPRATT. MILLER of Florida, Mr. HUTCHINSON, and severally referred as follows: H.R. 913: Mr. FOLEY, Mr. LIVINGSTON, Mr. Mr. PALLONE, and Mr. KNOLLENBERG): KLUG, Mr. HANCOCK, and Mr. BARTLETT of H.R. 1230. A bill to authorize the Architect By Ms. LOWEY: Maryland. H.R. 1236. A bill to authorize the Secretary of the Capitol to establish a Capitol Visitor H.R. 930: Mr. SKEEN. of Transportation to issue a certificate of Center under the East Plaza of the U.S. Cap- H.R. 939: Mr. BILBRAY. documentation with appropriate endorse- itol, and for other purposes; to the Commit- H.R. 989: Mr. GORDON. ment for employment in the coastwise trade tee on Transportation and Infrastructure. H.R. 1005: Mr. LAHOOD, Mr. RADANOVICH, for the vessel Dante; to the Committee on By Mr. OLVER: and Mr. ROYCE. Transportation and Infrastructure. H.R. 1231. A bill to amend the Trade Act of H.R. 1018: Mr. HEINEMAN. By Mr. OBERSTAR: 1974 to improve the provision of trade read- H.R. 1020: Mr. HYDE. justment allowances during breaks in train- H.R. 1237. A bill to authorize the Secretary H.R. 1021: Mr. CARDIN. ing, and for other purposes; to the Commit- of Transportation to issue a certificate of H.R. 1023: Mr. JOHNSTON of Florida. tee on Ways and Means. documentation with appropriate endorse- H.R. 1024: Mr. ROYCE. By Mr. SKEEN (for himself, Mr. HAN- ment for employment in the coastwise trade H.R. 1044: Mr. HYDE and Mr. ROYCE. SEN, and Mrs. CHENOWETH): for the vessel Doppler Effect; to the Commit- H.R. 1085: Mr. CAMP and Mr. MCHUGH. H.R. 1232. A bill to direct the Secretary of tee on Transportation and Infrastructure. H.R. 1098: Mr. BUNNING of Kentucky, Mr. the Interior to convey, upon request, certain By Mr. REED: CALVERT, Mr. HANCOCK, Mr. WICKER, Mr. property in Federal reclamation projects to H.R. 1238. A bill to authorize the Secretary RADANOVICH, and Mr. ROYCE. beneficiaries of the projects and to set forth of Transportation to issue a certificate of H.R. 1101: Mr. WOLF and Mr. WYNN. a distribution scheme for revenues from rec- documentation with appropriate endorse- H.R. 1103: Mr. HOLDEN. lamation project lands; to the Committee on ment for employment in the coastwise trade H.R. 1118: Mr. HUTCHINSON, Mr. Resources. for each of 3 barges; to the Committee on SCARBOROUGH, Mr. LAHOOD, Mr. HAYWORTH, By Mr. WISE: Transportation and Infrastructure. Mr. GALLEGLY, Mr. STUMP, Mr. HEFLEY, Mr. H.R. 1233. A bill to improve budgetary in- By Mr. ROHRABACHER: PACKARD, and Mr. BALLENGER. formation by requiring that the unified H.R. 1239. A bill to authorize the Secretary H.R. 1136: Mrs. SCHROEDER, Mr. DELLUMS, budget presented by the President contain of Transportation to issue a certificate of and Mr. TORRES. an operating budget and a capital budget, documentation with appropriate endorse- H.R. 1143: Mr. HYDE, Mr. CONYERS, Mr. distinguish between general funds, trust ment for employment in the coastwise trade funds, and enterprise funds, and for other MCCOLLUM, Mr. SCHUMER, and Mr. SMITH of for the vessel Dordy III; to the Committee on Texas. purposes; to the Committee on Government Transportation and Infrastructure. Reform and Oversight, and in addition to the H.R. 1144: Mr. HYDE, Mr. CONYERS, Mr. Committees on Rules, and Transportation f MCCOLLUM, Mr. SCHUMER, and Mr. SMITH of and Infrastructure, for a period to be subse- Texas. quently determined by the Speaker, in each ADDITIONAL SPONSORS H. Con. Res. 5: Mr. CLINGER, Mr. BUNN of case for consideration of such provisions as Under clause 4 of rule XXII, sponsors Oregon, Mr. BAKER of Louisiana, and Mr. fall within the jurisdiction of the committee SOUDER. were added to public bills and resolu- H. Con. Res. 12: Mr. OXLEY. concerned. tions as follows: By Mr. THOMAS (for himself, Mrs. H. Res. 18: Mr. HANCOCK, Mr. TORKILDSEN, JOHNSON of Connecticut, Mr. H.R. 3: Mr. MCKEON. and Mr. ENGLISH of Pennsylvania. MCCRERY, Mr. ENSIGN, Mr. CRANE, H.R. 6: Mrs. CHENOWETH and Mr. WATTS of H. Res. 94: Mr. MURTHA, Mr. KLINK, Mr. Mr. HOUGHTON, Mr. CASTLE, Mr. HOB- Oklahoma. HOLDEN, Mr. HAMILTON, Mr. MEEHAN, Mr. SON, Mr. RIGGS, Mr. HORN, Mr. H.R. 26: Mr. RADANOVICH and Mr. SMITH of FOLEY, Mr. VISCLOSKY, Mr. BARRETT of Wis- CLINGER, Mr. GREENWOOD, Mr. Michigan. consin, and Mr. HALL of Ohio. FRELINGHUYSEN, Mr. LAZIO of New H.R. 46: Mr. BRYANT of Tennessee, Mr. f York, Mr. BLUTE, Mr. LONGLEY, Mr. LINDER, Mr. PARKER, Mr. BALLENGER, Mr. EHLERS, Ms. PRYCE, Mr. BASS, Mr. HOEKSTRA, and Mr. HAYWORTH. AMENDMENTS PORTMAN, Mr. KOLBE, Mrs. FOWLER, H.R. 70: Mr. UNDERWOOD. Mr. SHAYS, Mr. GOSS, Mr. ENGLISH of H.R. 71: Mr. JACOBS, Mr. BALLENGER, Mr. Under clause 6 of rule XXIII, pro- Pennsylvania, Mr. CALVERT, Mr. HANCOCK, Mr. TORKILDSEN, Mr. CAMP, and posed amendments were submitted as GUTKNECHT, and Mr. PACKARD): Mr. ENGLISH of Pennsylvania. follows: H.R. 75: Mr. JACOBS, Mr. SCHIFF, Mr. HAN- H.R. 1234. A bill to amend the Internal Rev- H.R. 1159 enue Code of 1986 to provide for reform of the COCK, Mr. GEKAS, and Mr. TORKILDSEN. health insurance market, to promote the H.R. 325: Mr. INGLIS of South Carolina. OFFERED BY: MR. NEUMANN availability and continuity of health cov- H.R. 328: Mr. LIPINSKI. AMENDMENT NO. 15: At the end of the bill, erage, to remove financial barriers to access, H.R. 354: Mr. ZIMMER. insert the following new section: to enhance health care quality, to contain H.R. 359: Mr. COMBEST and Ms. HARMAN. MORATORIUM ON REFORMULATED GASOLINE costs through market incentives and admin- H.R. 459: Mr. TRAFICANT, Mr. GENE GREEN istrative reforms, and for other purposes; to of Texas, Mr. JACOBS, Mr. ENGLISH of Penn- REQUIREMENTS IN STATE OF WISCONSIN the Committee on Ways and Means, and in sylvania, Mr. LIPINSKI, Mr. POSHARD, Mr. SEC. 308. None of the funds made available addition to the Committees on Commerce, CALVERT, Mrs. WALDHOLTZ, Mr. WICKER, and in any appropriation Act for fiscal year 1995 Economic and Educational Opportunities, Mr. INGLIS of South Carolina. may be used by the Environmental Protec- and the Judiciary, for a period to be subse- H.R. 460: Mr. KNOLLENBERG, Mr. GENE tion Agency to administer or enforce (1) any quently determined by the Speaker, in each GREEN of Texas, Mr. NEY, Mr. MCHALE, Mr. requirement of the sale, dispensing, or use of case for consideration of such provisions as STEARNS, Mr. KING, Ms. MOLINARI, Mr. SAND- reformulated gasoline for motor vehicles in fall within the jurisdiction of the committee ERS, Mr. BROWN of Ohio, and Mr. ZIMMER. the State of Wisconsin; or (2) any prohibition concerned. H.R. 580: Mr. COLEMAN, Mr. FARR, Mr. ROB- on the sale, dispensing, or use of conven- By Mr. ZIMMER (for himself, Mr. ERTS, Mr. BILBRAY, and Mr. GEJDENSON. tional gasoline for motor vehicles in the ARMEY, Mr. SCHUMER, Mr. MILLER of H.R. 587: Mr. SAXTON and Mr. ZIMMER. State of Wisconsin. 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, MARCH 14, 1995 No. 47 Senate (Legislative day of Monday, March 6, 1995)

The Senate met at 11:30 a.m., on the RESERVATION OF LEADER TIME businesses; namely, the right to re- expiration of the recess, and was called The PRESIDENT pro tempore. Under spond to union economic warfare by to order by the President pro tempore the previous order, leadership time is hiring permanent replacement work- [Mr. THURMOND]. reserved. ers. This is a fundamental legal right of all employers and should not be PRAYER f eliminated by Executive order. The Chaplain, Lloyd John Ogilvie, MORNING BUSINESS This administration asserts that the D.D., offered the following prayer: Executive order is simply a procure- Let us pray: The PRESIDENT pro tempore. Under ment policy under the discretion of the Almighty God, ultimate Sovereign of the previous order, there will now be a President. Yet, Congress has dealt deci- this Nation, gracious Lord of our per- period for the transaction of morning sively with this issue over the past 4 sonal lives, and Providential Guide of business for not to extend beyond the years by consistently rejecting legisla- this Senate, we dedicate this day to do hour of 12:30 p.m. with Senators per- tion with the same objective as this justly, love mercy, and to walk humbly mitted to speak therein for up to 5 order. Furthermore, the right to hire with You. We are challenged by the re- minutes each. permanent striker replacements has alization that the Hebrew meaning of Mr. THOMAS. Mr. President, I sug- been Federal law for 60 years. Let me ‘‘walk humbly’’ means ‘‘to walk atten- gest the absence of a quorum. repeat that—60 years. Banning the use tively.’’ And so, we commit our minds The PRESIDENT pro tempore. The of permanent replacements by Federal and hearts to listen attentively to You. clerk will call the roll. contractors through Executive order is Speak to us so that what we speak The assistant legislative clerk pro- an improper intrusion into the prov- may be an echo of Your voice which ceeded to call the roll. ince of the legislative branch of Gov- has sounded in the depth of our recep- Mr. THURMOND. Mr. President, I ernment. tive souls. In the din of the cacophony ask unanimous consent that the order This Executive order violates the of voices demanding our attention and for the quorum call be rescinded. congressional mandate of Federal Gov- the pressure of the self-seeking forces The PRESIDING OFFICER (Mr. ernment neutrality in labor disputes. willfully dominated by self-interest, THOMAS). Without objection, it is so or- Current Federal labor laws are de- signed to strike a very delicate balance help us to seek to know and do Your dered. between management and labor. The will for what is best for our beloved Na- The Senator from South Carolina. right to replace strikers is just as tion. Help us to remember that no f much a vital part of that balance as is problem is too small to escape Your the right to strike and the right to bar- concern and no perplexity too great to AN AMENDMENT TO H.R. 889 TO PROHIBIT FUNDING TO IMPLE- gain. This balance has evolved over resist Your solutions. Grant us the many years of congressional scrutiny, greatness of minds tuned to the fre- MENT THE EXECUTIVE ORDER BANNING THE USE OF PERMA- and this intrusion will change the ef- quency of the Spirit’s guidance. Free fectiveness of the law without proper us of any tenaciously held positions NENT STRIKER REPLACEMENTS BY GOVERNMENT CONTRACTORS. legislative action. that may not have been refined by Mr. President, it is a sad day for our careful listening to You so that our Mr. THURMOND. Mr. President, Nation whenever one branch of our united position together may be that of President Clinton recently issued an constitutional form of Government women and men committed to Your Executive order to ban the use of per- seeks to encroach upon the province of righteousness and justice. So we say manent replacement workers during another. The Kassebaum amendment with Samuel of old, ‘‘Speak Lord, Your labor disputes involving Government will prohibit the administration from servant listens’’—I Samuel 3:9. And the contractors. The Secretary of Labor spending any appropriated funds to im- same blessing we seek for us this day, would have the responsibility to en- plement this Executive order. I strong- we pray for our President, the House of force the order by asking Federal agen- ly urge my colleagues to support this Representatives, the Justices, and all cies to cancel existing contracts, or amendment and to support cloture. who carry the awesome responsibilities ban violators from future contracts. Mr. President, I yield the floor. of government in every city and State This Executive order is contrary to Mr. MURKOWSKI addressed the of our land. Lord God of Hosts be with current law and, therefore, improper. It Chair. us yet, lest we forget to listen to You. will deny to Federal contractors a legal The PRESIDING OFFICER. The Sen- In Your holy name, amen. right which is available to all other ator from Alaska.

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

S3853

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VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3854 CONGRESSIONAL RECORD — SENATE March 14, 1995 Mr. MURKOWSKI. Mr. President, in the number of armored, mechanized and the President of Taiwan, Li Teng-hui, may I have a response to the order cur- artillery corps practicing joint warfare oper- be allowed to visit the United States. ations. rently pending from the Chair? We submitted this concurrent resolu- The PRESIDING OFFICER. Under I further point out in the March 6 De- tion, Senate Concurrent Resolution 9, the previous order, the Senator is rec- fense News the following: last week. We had 36 bipartisan cospon- ognized to speak for up to 30 minutes. Although U.S. oil is not used directly to sors, some 11 or 12 Democrats, and 24 or Mr. MURKOWSKI. Mr. President, I fuel military maneuvers, the influx of heavy 25 Republicans. thank the Chair. I shall not take that oil into the country has allowed North Korea Specifically, the concurrent resolu- time. to divert other types of fuel reserves from domestic to military use. tion calls on President Clinton to allow f We were assured, Mr. President, by President Li to come to the United NORTH KOREA the administration that this would not States on a private visit, as opposed to Mr. MURKOWSKI. Mr. President, I happen. Well, it has happened. What is an official state visit. An identical con- would like to speak very briefly on two our response? Well, the United States current resolution, House Concurrent points, one involving the framework response is to cancel our winter ‘‘team Resolution 33, has been submitted in agreement between North Korea, and spirit’’ military exercises with South the House by Congressmen LANTOS, the other a resolution pending to allow Korea. I find that very inconsistent. SOLOMON, and TORRICELLI. President Li to visit the United States. What are we following it up with? The Why should we simply let the Peo- It is my understanding that the occu- preparation to send 100,000 tons of addi- ple’s Republic of China, our friends in pant of the chair, Senator THOMAS, also tional oil in October, without safe- China, dictate to us who can visit our wishes to speak briefly on the matter guards. country? The current State Depart- of President Li’s visit to the United The second report is that North ment policy of saying that allowing Li States. I would be willing to relieve Korea is not fully cooperating with the to visit would upset relations with the him from the chair for the period of International Atomic Energy Agency. People’s Republic of China offends the time for his statement. The March 2 Nucleonics Week reported: Senator from Alaska. I think Taiwan If I may proceed, Mr. President, one Pyongyang categorically refuses to allow has made great strides toward achiev- of the issues I want to bring to the at- the IAEA to reconstruct the history of fissile ing some of the goals that we have tention of my colleagues that is rather materials production at its Yongbyong com- achieved in our democracy, such as disturbing is associated with the plex. ending martial law, free and fair elec- United States and North Korea agreed- The report of Nucleonics Week points tions, a vocal press, and in human to framework on nuclear issues. There out that Pyongyang’s refusal to grant rights great advancements have taken is an agreement that has been entered access could cause irreparable damage. place. into by the United States directly with The North Korean position is that the Taiwan is a friendly, democratic, sta- the Government of North Korea. As the IAEA will have access to the inside of ble, prosperous country and the 5th President will recall, the framework the reprocessing plant on or after a 5- largest trading partner of the United agreement was signed on October 21 year period. But IAEA officials report States and the world’s 13th, I might and we have so far had some four sen- that access to the inside of the plant add. They buy twice as much from the atorial committee hearings covering before then is paramount. The IAEA United States as from the People’s Re- various aspects of the framework doesn’t know right now what is going public of China. The largest foreign re- agreement. The Foreign Relations on inside the plant, if there is any plu- serves per capita, and contribute to Committee has addressed it. The En- tonium separation, or if there are any international causes. They are good ergy Committee has addressed it. The materials being moved around. international citizens. Armed Services Committee has ad- The second story illustrates the prob- lems with the agreed-to framework. We But the United States continues to dressed it, and the Intelligence Com- give a cold shoulder to the leader of mittee has addressed it. should have had a broader agreement that addressed other issues of con- Taiwan. That leader, I might add, is In the agreed-to framework, the ad- going to run in a reelection effort. It is ministration has stressed consistently cern—such as North Korea Army ac- tivities; should have demanded access the first time they have had free and North Korea’s adherence to the terms open elections. Last May, in Hawaii, of that agreement. But I share two spe- to the two suspected wastesites, com- plete and total access to past, current, the State Department refused to allow cifics with my colleagues concerning President Li to visit overnight while recent articles that cast some doubt on and future nuclear activities—some- thing we demand from all other na- his plane refueled, and they indicated North Korea’s good faith. they would not allow a private visit. First, North Korea is conducting vig- tions that are a party to the nuclear proliferation agreement. The rationale for that was that the orous military exercises at this time. President was going on to Central In a March 6 Defense News report, it We asked South Africa to come clean and they did, but the North Koreans America and his plane had to land for says: refueling. I think it was the worst type North Korea is conducting its most vig- have not. We have left the North Kore- ans, in the opinion of the Senator from of hospitality evidenced by the State orous winter military exercise in recent Department in some time. We know years, an event that the U.S. and South Ko- Alaska, with too many cards in their rean officials here attribute, in part, to the hands. that the People’s Republic of China is U.S. shipments of heavy oil authorized under I have sponsored two specific resolu- going to bellow about everything we do the October 1994 nuclear package deal with tions, one that is being taken up by the regarding Taiwan—United States pres- Pyongyang. Foreign Relations Committee next sures at the United Nations on human Having been in Pyongyang with my week, requiring that we show progress rights, World Trade Organization mem- colleague, the Senator from Illinois, I on the framework agreement, and one bership, and anything we do for Taiwan think we both find this rather dis- that was accepted last week on the de- is raised as an issue by the People’s Re- tressing and inconsistent. fense appropriations stating that no public of China. But, in the end, they I remind my colleagues that the further funding could take place with- will make the same calculation about story is referring to the 50,000 tons of out the administration coming to Con- when to risk offending us on the U.S. oil that was paid for with $4.7 million gress for approval. market. in Department of Defense emergency f I think that the precedent exists for funds. Although not intended, the pro- President Li to visit the United States. vision of heavy oil to North Korea has RESOLUTION ALLOWING PRESI- Consider for a moment, Mr. President, the perverse effect of strengthening DENT LI TO VISIT THE UNITED that we have welcomed other unofficial North Korea’s 1-million-man military STATES leaders to the United States, such as machine. The story states: Mr. MURKOWSKI. Mr. President, I Dalai Lama, who called on Vice Presi- This year’s exercises are significant be- rise to discuss a concurrent resolution dent GORE—over the objections of the cause of the increased air sorties and a surge expressing the sense of the Senate that People’s Republic of China. Yasser

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3855 Arafat came to the White House cere- treat the freely elected President of dent of South Korea and Kim Il-song, mony; he was once considered a ter- Taiwan. Taiwan is doing everything the leader of North Korea. Then he died rorist. Gerry Adams has been granted that we say a country should do—free fairly suddenly back in July of last numerous visas over British objections. press, a multiparty system, holding year, and that did not happen. In each case, the administration elections—and yet we treat them as a Senator MURKOWSKI and I are work- made direct choices to allow a visit to pariah. We treat them as they used to ing on the possibility of getting some advance America’s goals. Li’s visit treat people with leprosy. North Korean and South Korean Par- would do the same thing. United It is very interesting what happened liamentarians together, some kind of States-ROC Economic Counsel Con- in Germany. There were two Ger- minimal contact, so that there is some ference will hold a meeting in Anchor- manys, and we recognized both Govern- understanding between the two sides, age, AK. Visiting there would not be a ments. Neither Government was par- so that what happens on the other side political statement. We are almost an- ticularly happy that we did it, but it in both cases is not viewed with para- other country, in the sense that we are did not prevent the two Germanys from noia. a little out there in the western north- coming together. And that should be I would add, I think it is extremely ern part of the hemisphere, if you will. our attitude toward Taiwan. important that North Korea permit What they are asking for here is for I realize that right now formal rec- South Korea to build the nuclear Li to visit his alma mater, Cornell Uni- ognition is not going to be in the cards plants that we talked about. That was versity in New York. They would like for Taiwan. But, at the very least, we the understanding in the agreement him to come up in the spring and give ought to say to the President of Tai- that we had with North Korea and they an address to the students and faculty. wan, President Lee, who wants to come should not back down on that agree- I call on the administration to allow over to go to his school reunion at Cor- ment. these events. nell, who was not permitted to do that I hope we can be of some assistance I remind my colleagues, as we ad- last time, that he should be able to to North Korea, which feels very iso- dress the friction between Taiwan and come to his school reunion at Cornell. lated now. It is isolated. It has to make China, that there are two organiza- There is also a meeting on United this transition from an old-fashioned, tions—one, the mainland People’s Re- States-Republic of China economic re- extremely monolithic communism to public of China, and one in Taiwan. lations. He would like to combine the at least a more moderate communism, They meet regularly and discuss hi- two. Why should he not be permitted to if their such a phrase, as in China and jackings and commercial and trade ac- come and attend those? Vietnam. But I think we can play a tivities—everything but politics. Chi- As one Senator, I think our conduct constructive role there, and I hope we nese business men and women are prob- toward Taiwan has, frankly, been an will. ably the best in the world. They recog- embarrassment. If the People’s Repub- nize that it is necessary that they lic of China squeals some because we f maintain a dialog, and now we are see- show some deference to the leadership ing the opening up of some of the of Taiwan, I think we just have to un- TAX CUTS southern ports of China with direct derstand that is going to be part of the Mr. SIMON. Mr. President, I see my shipment of goods originating in Tai- process. colleague from Wisconsin about to wan. They will not have to go through f take the floor. I see he has a cartoon Hong Kong anymore. So as we look at about tax cuts. If he is going to speak a stagnant relationship with Taiwan, NORTH KOREA about tax cuts, I want him to know I clearly there is a dialog developing be- Mr. SIMON. Mr. President, let me agree with him 100 percent. If there is tween Taiwan and the People’s Repub- comment also on the North Korean sit- anything irrational—and he will dis- lic of China. It is time that we allowed uation. agree with my next statement—if there President Li to visit this country. When Senator MURKOWSKI and I were is any illustration that shows why we Mr. President, that concludes my re- in North Korea in December, we landed need a balanced budget amendment, we marks. I see my friend from Illinois on with the first official American plane would not be considering tax cuts right the floor seeking recognition. I had the to land in North Korea since the Ko- now in both political parties. If we had pleasure of accompanying him on a re- rean war. It is important that both the a balanced budget amendment, we cent trip to North Korea and to China, United States and North Korea live up would be focusing on balancing the as well. I am sure he has some observa- to our agreements. budget. tions. The situation in Korea is the most But I agree 100 percent with my col- I yield the floor. volatile anywhere in the world where league that this is not the time to be Mr. SIMON addressed the Chair. there are American troops. We have The PRESIDING OFFICER. The Sen- moving in the direction of tax cuts. 36,000 to 37,000 American troops just ator from Illinois. Mr. President, I yield the floor. south of the border in Korea. You have Mr. FEINGOLD addressed the Chair. f about 1 million troops in total facing The PRESIDING OFFICER. The Sen- TAIWAN each other with no communication. ator from Wisconsin. Mr. SIMON. Mr. President, let me Even in the situation with Pakistan Under the previous order, the Sen- speak briefly on both the Taiwan situa- and India, there is communication be- ator is recognized to speak for up to 15 tion and the North Korean situation. tween the two Governments. There is minutes. I am pleased to cosponsor the concur- no communication between North Mr. FEINGOLD. I thank the Chair. rent resolution of Senator MURKOWSKI. Korea and South Korea. I commend him for his leadership on North Korea is unlike any other gov- f ernment on the face of the Earth right this. TAX CUT FRENZY We ought to maintain a good rela- now. It is a very tightly controlled dic- tionship, if possible, with the People’s tatorship. The radio stations only have Mr. FEINGOLD. Mr. President, I cer- Republic of China, but they should not one station. The television stations tainly thank the senior Senator from be permitted to veto our standing up only have one station. It is like Alba- Illinois for noticing the cartoon and for for human rights. nia must have been back in the old being one of the first people in this Senator MURKOWSKI mentioned that days of communism. body to come to me and say that we do when President Lee landed in Hawaii I think it is important that the need to prevent this tax cut frenzy if at a military base on his way to Costa United States assist—while making we are going to be serious about bal- Rica, he was not permitted to stay clear to South Korea that we are going ancing the Federal budget. overnight. The base commander was to be loyal to our friends there—in I think, Mr. President, now is the not permitted to come out and greet communication between the two coun- time to put the tax cut proposals out of him. tries. their misery. Let us do it early on so Is this the President of a dictator- Thanks to President Carter, a meet- the American people know that there ship? We treat dictators better than we ing had been set up between the Presi- is something real to all this rhetoric in

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3856 CONGRESSIONAL RECORD — SENATE March 14, 1995 Washington about balancing the Fed- benefit millions of middle-class investors accomplished in the 103d Congress eral budget. and, at least in the short term, increase fed- under President Clinton and the Demo- It seems to me, ever since the tax cut eral revenue as stockholders liquidate some cratic leadership. I am glad to hear frenzy started with the November 8 of their holdings. That could help lead to the creation of revenue-producing jobs. that kind of figure is being thrown election, that I have had a hard time Similarly, the suggestion that people could around. What the Senator from New finding anyone who is really for it withdraw money, free of penalty, from their Hampshire then said was perhaps as a other than a few folks here in Wash- individual retirement accounts for buying a part of the $500 billion—he would not ington. home or other purposes is another economy go with the overall Republican con- I have chosen this cartoon from De- booster. For local government, that’s a fu- tract idea of a $200 billion tax cut, I be- cember at Christmastime to illustrate ture source of property-tax revenue. What’s confounding about it all is that lieve I am correctly characterizing his how early the people of America were while Democrats such as Rep. Sam M. Gib- statement that that was too much—but ahead of the politicians on this issue. bons, of Florida, ranking Democrat on Ways he said, ‘‘Maybe we would look at the It is a very simple cartoon. It shows a and Means, say it’s ‘‘the wrong time and the President’s $63 billion level, and per- couple of parents holding a nice wrong tax cut,’’ you can bet that if it were haps have that included in the $500 bil- present, ‘‘The tax cuts.’’ But their baby Clinton and not Archer making a tax cut lion.’’ proposal, Democrats would rush to his ban- holds ‘‘The bill.’’ The parents are en- That got applause. People seemed to joying this nice present, but passing its ner. The public, however, is far out in front on feel that was more sensible that a $200 cost along to the next generation. this issue and can see through both parties’ billion tax cut. But then the Senator So even before the 104th Congress strategies. from Nebraska, the junior Senator convened, I feel that the American peo- Mr. FEINGOLD. Mr. President, I just from Nebraska, Senator KERREY, took ple were way ahead on this and felt want to briefly suggest that this edi- the microphone and said to Senator that this just did not make sense and torial points out that there is still a GREGG, ‘‘Now, how much will it take to that it did not add up. problem with both parties going after balance the budget by the year 2002? I sort of felt as if maybe this issue this tax cut idea. What is the total figure?’’ And the indi- would die pretty quickly, but I was The article says: cation was that it was well over $1 tril- wrong. In a way, this frenzy for a tax Bill Archer, the new Republican chairman lion. cut, which nobody supports, is the in- of the House Ways and Means Committee, evitable result of the November 8 elec- So Senator KERREY indicated that strode to the microphone in a basement even if we do the $500 billion, we are tion. hearing room after being introduced by a In the Milwaukee Sentinel just yes- young couple from Virginia holding their less than half the way there. Senator terday, there was an editorial entitled year-old daughter. KERREY said to this audience of people ‘‘Tax Cut Plans—Questions About Both It was just the common touch the Texas involved in city government that he Party Plans.’’ Congressman was seeking to announce the was against tax cuts in any form. committee’s plan to cut taxes by nearly $200 I would think people would maybe Mr. President, I ask unanimous con- billion over the next 5 years, or about $140 sent that this editorial from the Mil- billion more than President Clinton has pro- nod or maybe even disagree. Instead it waukee Sentinel be printed in the posed in his plan. got a rousing applause. Everyone in the RECORD. The trouble is [the Milwaukee Sentinel audience gave him a similar strong ap- There being no objection, the edi- says] both plans [both Republican and Demo- plause in saying he would fight any of torial was ordered to be printed in the cratic plan] butt up against growing popular the tax cuts, because they are not con- RECORD, as follows: discontent over the Federal deficit, which sistent with the notion of dealing with still will grow by $1 trillion over 5 years the deficit and caring about our chil- [From the Milwaukee Sentinel, Mar. 13, 1995] under Clinton’s irresponsible budget plan. dren and our grandchildren. TAX CUTS PLANS—QUESTIONS ABOUT BOTH There also is no indication that Republicans PARTY PLANS have discovered the magic bullet that will So the common sense is out there. Bill Archer, the new Republican chairman slay the deficit dragon. The common sense view that frankly of the House Ways and Means Committee, The editorial goes on to say, ‘‘The re- helped fuel the debate on the balanced strode to the microphone in a basement ality is that hardly anyone accepts the budget amendment and had a lot to do hearing room after being introduced by a current political nostrum that Con- with that month-long debate. That young couple from Virginia holding their gress and/or Clinton can cure what ails common sense is out there. year-old daughter. It was just the common touch the Texas the Nation by advocating spending and If this institution is willing to listen, congressman was seeking to announce the tax cuts all at the same time.’’ the first thing we will do is say we can- committee’s plan to cut taxes by nearly $200 So, Mr. President, what the public not afford either the Clinton tax cut or billion over the next five years, or about $140 knew in December has apparently not the Republican contract tax cut. Of billion more than President Clinton has pro- completely reached the Halls of Con- course, I believe the American public posed in his plan. gress. Day after day I see evidence, would like to have a tax cut if they Trouble is, both plans butt up against whether at a Wisconsin town meeting, possibly could. But what they are say- growing popular discontent over the federal or reading the major national news- ing clearly is, we cannot afford it until deficit, which still will grow by $1 trillion papers, that in general the American over five years under Clinton’s irresponsible we get our house in order. budget plan. There also is no indication that people and the opinion makers outside Mr. President, it is not easy to slay Republicans have discovered the magic bul- of Washington do not want to do this, the tax cut dragon. I have noticed the let that will slay the deficit dragon. and thinks it is a foolish way to handle allure of a tax cut to politicians, just The reality is that hardly anyone accepts our budgetary problems. as the allure of the balanced budget the current political nostrum that Congress This last night I had a chance to see amendment has been very strong. I and/or Clinton can cure what ails the nation a few minutes of a C–SPAN program on would have to say, compared to the by advocating spending and tax cuts, all at which two of our colleagues were ap- first time I had a chance to oppose this the same time. pearing in front of the National League That even includes prominent Republicans in December, things look a lot better, of Cities, and what they pointed out such as Bob Packwood, of Oregon, chairman especially here in the Senate. was that they had different views ex- of the Senate Finance Committee, and Pete Between November 8 and now I have V. Domenici, of New Mexico, who heads the actly on what should happen in the Budget Committee. Federal budget. gone from being the lone voice, accord- Both have voiced opposition to tax cuts I was intrigued by the different re- ing to the Los Angeles Times, against while government continues to spend more sponses on what they said about the this to being one of many people who than it takes in. The simple truth is that tax cut issue. The junior Senator from are criticizing the tax cut. In fact, I House Republicans have not yet indicated New Hampshire, Senator GREGG, indi- would call it now sort of a healthy how they would pay for tax cuts in the $200 cated to the audience he was interested competition between a lot of the lead- billion range and still balance the budget. in a $500 billion deficit reduction pack- ing Senators who are saying that they Still, the Republican plan has some attrac- will oppose this. tive features. age, to be passed by the 104th Congress. A capital gains tax cut, harangued by I was struck by that figure, because I even think there is a good strong Democrats as a payoff to the rich, would that is exactly what we have already competition going on to see who can be

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3857 the toughest on opposing the tax cuts. pay half the first-year cost by lowering— worst example of this deficit attention I think that is very healthy. We do not again—the caps that the budget rules also disorder is the very document that the get anything done around here by impose on appropriations. Republican Party says they cam- The pressure will fall on domestic appro- being 1 out of 535. I am extremely priations only, not defense. Most of the pro- paigned and won on—the Republican happy that so many of the leading Sen- grams the government runs fall into this contract, which calls for increased de- ators, especially on the Finance Com- category—everything from Head Start and fense spending, balancing the budget, mittee, have openly stated their oppo- highway grants to the costs of operating the and tax cuts that dwarf what this car- sition to either all or part of the tax national parks and administering the Immi- toon suggests. Notice all the little peo- cuts. gration and Naturalization Service—but to- ple in the cartoon talking about tax Mr. President, as Senators recall, we gether they make up only about a sixth of cuts from $50 billion to $120 billion. the budget and as a group have already been What the Republican contract calls did have our test vote on this issue much cut in recent years. It’s relatively during the balanced budget amend- easy, of course, to lower appropriations caps. for over the next 10 years is a $700 bil- ment. The proposition, that we ought They’re an abstraction. The effect will be lion tax cut. What Congressman Archer to put the tax cut below deficit reduc- felt only later and be spread across enough proposed last week would cost $200 bil- tion, got 32 votes, including some of programs so as to leave few clear political lion over the next 5 years. This in- the leading Republicans in the Senate. fingerprints. The Republicans say not to cludes the $500 tax credit for families That was amazing, because it was 32 worry, that sooner or later they’re going to making up to $200,000 per year, includ- Senators saying up front they are not have to cut the major entitlements too in ing changes in IRA’s and a variety of order to balance the budget, as they’ve also other provisions. for a tax cut. promised. But the old rules would have A couple months ago, people would forced the tax and entitlement cuts to be Mr. President, this is a very serious have said nobody would take that posi- made at the same time. The new ones make example of how, even today, despite all tion. It was also very striking because it easier to blur the cost of an irresponsible the criticism and all the concern in the a number of Senators told me they policy. other House, the other body especially wanted to vote for the amendment, but Mr. FEINGOLD. Mr. President, the is continuing to move forward as if not they were not going to support any point of that editorial is that although only we do not have a deficit problem, amendments to the balanced budget there is this opposition growing in the but that we have a giant surplus that amendment. My guess is we are a lot Senate, there is an effort going on to can be used for all these cuts. closer to 50 or even higher than anyone change the budget rules in such a way Mr. President, on March 10, the would have imagined at this point. that would allow these tax cuts in a Washington Post commented on these For example, Mr. President, if we way that would immunize, in effect, proposals in an editorial entitled ‘‘The take a look at the reaction, we see in both entitlements and the defense Tax Cuts and the Deficit,’’ and I ask the Washington Post even today an budget, causing any cuts that might be unanimous consent that it be printed editorial called ‘‘Greasing the Tax Cut made to pay for the tax cuts to come, in the RECORD. Rules,’’ and I ask unanimous consent essentially, out of the appropriations There being no objection, the mate- that it be printed in the RECORD. areas, out of discretionary funding. rial was ordered to be printed in the There being no objection, the mate- The Washington Post does a good job RECORD, as follows: rial was ordered to be printed in the of criticizing this move, pointing out [From the Washington Post, Mar. 10, 1995] RECORD, as follows: that it does not bode well for the fu- THE TAX CUTS AND THE DEFICIT ture of deficit reduction. They com- The tax cuts from the House Republican GREASING THE TAX CUT RULES mented on what it would mean, given ‘‘Contract With America’’ have been reduced The President and Congressional Repub- the need for further cuts in discre- to legislative form. The process hasn’t im- licans keep saying that to get control of the proved them a bit. They remain a bad idea, deficit they have to cut the cost of entitle- tionary spending, on top of the fair the revenue loss from which would be more ments. They’re right, but even as they’ve amount we did in the 103d Congress. than the sponsors have acknowledged, and been making the speeches again this year, And they noted that not all of those more than a government running a deficit of they’re also preparing to change the budget cuts are going to be applied to reducing a fifth of a trillion dollars a year can afford rules to let entitlements partly off the hook. the Federal deficit, but instead would to give up. The president and Republicans both want be used to promote this tax cut that I The cuts would make it harder to reduce to cut taxes. It’s a terrible competition for am having a hard time finding anyone the deficit even if the Republicans do come them to be engaged in; the government is in up with a way to pay for them, which despite no position to give up the revenue. As a way favoring other than those in Wash- their pledges they haven’t yet. The stated of driving home the cost of tax cuts and cre- ington. purpose of several of them is to increase sav- ating a political barrier to their enactment, So, Mr. President, despite the grow- ings and investment, but by leaving the def- the budget rules used to provide that they be ing criticism of the tax cut around the icit larger than otherwise they would reduce paid for either by offsetting tax increases or country and in this body, the skids are the national savings rate. They are also by entitlement cuts. being greased for a have-your-cake- poorly targeted, and the long-term effect of The administration relished neither alter- and-eat-it-too approach, when it comes their enactment would likely be to widen the native, and in its budget suggested a third. It to balancing the budget and fixing the income gap between the better-off and the proposed a change—it would say careful re- rest of society. reading—of the rules under which tax cuts tax cut problem. The last time the Republicans cut taxes, in could also be paid for by cuts in non-entitle- Mr. President, I turn again to a car- 1981, they failed to make the spending cuts ment spending or appropriations. The House toon that I think describes the problem to match, and the deficit soared. This time Republicans, far from objecting, have adopt- we have here in Washington. This car- they’ve said the spending cuts will come ed the idea with enthusiasm. It sounds as if toon refers to a new illness called def- first; they’re still saying that. But the only only accountants should care. If the dollars icit attention disorder. We talk about specific spending cuts of any size that all come from the same Treasury, as they do, the balanced budget amendment, run they’ve advanced thus far have been in wel- what difference does it make which category around the country saying that a bal- fare and other programs for the poor; that’s of programs is trimmed to produce them? A anced budget is the top priority, and not the way to finance tax cuts. It is said dollar saved one way is surely as good as an- they may next propose some generalized en- other. we come out here every day and say titlement and appropriations cuts, lump That’s true, and an evasion at the same bringing the deficit under control is sums that they will commit themselves to time. The easing of pressure on the entitle- our top priority. But this cartoon saving over time without spelling out how. ment side of the budget, where cuts are hard- shows the contrast of those words with That’s not the way to do it either, the more est to make because so many people are af- the possible actions here. It shows so because they’ve promised that in cutting fected, represented a weakening of budget folks running in and out of offices say- they won’t touch defense or Social Security discipline. The tax cuts the House Repub- ing, ‘‘$50 billion tax cut, $60 billion tax and can’t touch interest on the debt. They’ve licans propose would cost about $200 billion cut, $75 billion tax cut, $100 billion tax left themselves less than half the budget in their first five years and $500 billion the five which to work. Nor is it just their tax cuts after that. The Republicans would have cut, $120 billion tax cut.’’ that they have to finance. They’ve said found it hard to extract that much from en- The cartoon suggests a serious illness they’ll balance the budget as well. But the titlements without getting into the giant in this place. That is, the deficit atten- more spending cuts they dedicate to the first programs for the middle class, Social Secu- tion disorder from which institution purpose, the fewer they’ll have left for the rity and Medicare. As it is, they’ll propose to suffers. Mr. President, I think the second. That’s the problem.

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3858 CONGRESSIONAL RECORD — SENATE March 14, 1995 The Republicans keep saying they want to So, Mr. President, not only do we President Clinton and liberal House Demo- get at the cost of entitlements. The last Con- have a deficit attention disorder with crats also have proposed middle-class tax re- gress, at the administration’s behest, did put regard to the Archer plan and the Re- lief, including tax credits for families and a dent in the net cost of the largest entitle- publican contract, but time and again, other breaks to help cover educational costs. ment, Social Security, by subjecting a larger But the tax-cut fever that swept Washington share of benefits to the income tax. The bill whether it be the President’s plan, the shortly after the Republican takeover of that the House Ways and Means Committee plan of the minority leader in the Congress last November has begun to dis- will begin marking up next week would re- House, the plan of the senior Senator sipate, as GOP leaders confront the harsh re- peal that modest step in the right direction. from Texas, in each case we have a alities of trying to simultaneously eliminate In the name of capital formation, it would plan for tax cuts that is not paid for. the deficit and make good on their promise also cut the capital gains tax, create a new I realize that there will be many op- of generous tax cuts. stream of wholly tax exempt investment in- portunities to speak on this issue on For their part, Senate Democratic leaders come by expanding the individual retirement the floor. I will not take the time feel obliged to emphasize deficit reduction account or IRA provisions in current law, today to outline all the opposition over tax relief after helping to defeat the and enact a roundabout cut of as much as a popular balanced budget amendment last third in the corporate income tax by liberal- from different places in the country, whether it be editorials or polls or week. Senate Minority Leader Thomas A. izing depreciation rules. All three of these Daschle (D-S.D.) told reporters yesterday he provisions would be late bloomers. Two are statements of economists. All I can say would not rule out passage of some type of set up in such a way that they look as if they is that, although the news is troubling tax reform this year, but members had little would even raise revenue in the first years. to me, although the tax cut keeps com- enthusiasm for proposed tax cuts that That masks the full effect that they would ing back and coming back, I see reason ‘‘would compound our problems’’ in reducing have in terms of revenue lost; it wouldn’t be for optimism in the U.S. Senate. It ap- the deficit. felt until after the five-year estimating pe- riod. Who will pay for that? pears that it is going to be up to the ‘‘It’s apparent to all of us we have a big job These are damaging proposals—and unfor- U.S. Senate to stop this fiscal irrespon- ahead of us in deficit reduction, and we want tunately, the administration has already sibility. to make everyone understand that that’s our weakly concurred in some of them. We sup- I was very heartened to see the arti- first priority,’’ Daschle said. pose they’re likely to pass the House. In the cle in the Washington Post of last week House Republican leaders have cited little Senate, however, some Republicans as well on March 9 entitled ‘‘Tax Cutters Lose empirical evidence that a major tax cut is as some Democrats are saying that spending Steam in Senate.’’ needed at a time when the economy is and the deficit should be cut first. They’re I ask unanimous consent that article strongly rebounding, inflation is under con- right. trol and the deficit is declining for the third be printed in the RECORD. Mr. FEINGOLD. Mr. President, that There being no objection, the article year in a row. article commented on the Contract was ordered to be printed in the Earlier this week, three prominent econo- mists—Roger E. Brinner, Stephen S. Roach With America, and specifically the Ar- RECORD, as follows: cher proposal, by saying the following: and Barry Bosworth—told the House Budget [From the Washington Post, Mar. 9, 1995] Committee that Congress would do little for The tax cuts from the House Republican TAX CUTTERS LOSE STEAM IN SENATE; HOUSE the economy while complicating its deficit- ‘‘Contract With America’’ have been reduced PANEL TO UNVEIL GOP REVENUE PLAN reduction efforts if it cuts taxes. to legislative form. The process hasn’t im- (By Eric Pianin) proved them a bit. They remain a bad idea, Brinner, the chief economist for DRI/ the revenue loss from which would be more Republican and Democratic opposition in McGraw-Hill, described the $500-a-child tax than the sponsors have acknowledged, and the Senate to major tax cut legislation stiff- credit, the most expensive measure in the more than a government running a deficit of ened yesterday, while Ways and Means Com- Republican tax package, as ‘‘possibly medi- a fifth of a trillion dollars a year can afford mittee Chairman Bill Archer (R-Tex.) pre- ocre politics but definitely bad economics.’’ it give up. pared to unveil the details of a House GOP House GOP leaders concede that the tax The cuts would make it harder to reduce tax plan that could cost as much as $700 bil- credit would do little, if anything, to stimu- the deficit even if the Republicans do come lion over 10 years. late the economy. But they insist the tax up with a way to pay for them, which despite Archer’s plan, modeled after proposals credit for children 18 and younger is impor- their pledges, they haven’t yet. The stated within the House GOP ‘‘Contract With Amer- tant to providing relief to the middle class purpose of several of them is to increase sav- ica,’’ includes a $500-per-child tax credit for and ‘‘strengthening’’ the family unit. families earning up to $200,000 a year, a 50 ings and investment, but by leaving the def- Archer is scheduled to announce the de- percent reduction in the capital gains tax, icit larger than otherwise, they would reduce tails of the GOP tax plan this morning in an massive write-offs and tax breaks for busi- the national savings rate. address to the conservative Family Research nesses and a new Individual Retirement Ac- The editorial also goes into a bit of a Council. According to committee sources, count (IRA) for middle- and upper-income the package will approximate the Contract history: families. With America plan, which according to the The last time the Republicans cut taxes, in The Ways and Means Committee is sched- Joint Committee on Taxation would cost 1981, they failed to make the spending cuts uled to vote on the proposal early next week. $200 billion over five years but then balloon to match, and the deficit soared. This time House leaders have pledged to make offset- to $704.4 billion over a decade. they’ve said the spending cuts will come ting cuts in the 1995 budget and to alter wel- first; they’re still saying that. But the only fare programs and Medicare to pay for the House GOP leaders, including Archer, have specific spending cuts of any size that package. But in the wake of the defeat of the said the Contract With America plan was not they’ve advanced thus far have been in wel- constitutional balanced budget amendment, ‘‘written in stone’’ and acknowledge that it fare and other programs for the poor; that’s Senate Finance Committee Chairman Bob may undergo substantial changes once it not the way to finance tax cuts. It is said Packwood (Ore.) and other deficit-conscious reaches the Senate. However, House leaders they next proposed some generalized entitle- Republican tax writers warned yesterday are more concerned about honoring the ment and appropriations cuts, lump sums that the tax package would take a back seat terms of the contract than developing a plan they will commit themselves to saving over to further efforts to reduce the deficit. that is palatable to the Senate. time without spelling out how. That’s not ‘‘Almost every witness we’ve had has indi- ‘‘We’re committed to the contract,’’ Ar- how to do it either, the more so because cated the deficit is the biggest problem we cher told the Associated Press. ‘‘We ran on they’ve promised that in cutting they won’t face,’’ Packwood said, ‘‘and if we want to do it, we all signed it, and we’ll do what we said touch defense or Social Security and can’t more for the economy, then reducing the def- we were going to do.’’ touch interest on the debt. They’ve left icit is the most important thing to do.’’ Rep. Bill Thomas (R-Calif.), a senior mem- themselves less than half the budget in Sen. John H. Chafee (R-R.I.), a Finance ber of the Ways and Means Committee, said which to work. Nor is it just their tax cuts Committee member, declared: ‘‘Basically, that it doesn’t make sense for the committee that they have to finance. They’ve said I’m opposed to tax cuts * * * as much as we to put together a package that might pass they’ll balance the budget as well. But the love to parcel them out.’’ muster in the Senate ‘‘but that can’t get out more spending cuts they dedicate to the first Sen. Alfonse M. D’Amato (R-N.Y.), another of the House.’’ purpose, the fewer they’ll have left for the committee member, said the House GOP tax second. That’s the problem. cut proposals ‘‘all sound good,’’ but Congress (Mr. ABRAHAM assumed the chair.) Again, it is the harsh reality that the would accomplish far more by reducing the Mr. FEINGOLD. Mr. President, as we numbers cannot possibly add up, it deficit and indirectly helping to lower inter- move into the period where we actually cannot possibly be true that we can do est rates and spur economic activity. take up issues such as the line-item ‘‘Cut spending and get the deficit under all of these things laid out in the Ar- control that’s number one,’’ D’Amato said. veto and then the budget resolution cher proposal and then come up with a ‘‘That’s what people want. Otherwise, [the and then the reconciliation package, balanced budget, even in the long term, economy will falter and] we’re going to end there will be the opportunities to actu- let alone doing it in the short term. up Mexico II.’’ ally make this happen, to actually

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3859 force this institution through the work TAIWAN mater this June and a United States- of the U.S. Senate to not waste the Mr. THOMAS. Mr. President, I rise Taiwan Economic Council conference. funds that could be used for deficit re- today as chairman of the Senate Sub- Yet, the administration has made it duction. committee on East Asia and Pacific Af- clear it will not permit him entry. I suggest that as we move into the fairs to join in the sentiments of my The only people that this country budget resolution, either at the com- colleagues on Taiwan, and particularly systematically excludes from entry to mittee level or at the level of the en- on the visit of President Lee. its shores are felons or criminals, ter- tire Senate, if necessary, that an I need not repeat in detail for the rorists, and individuals with dangerous amendment be offered to the fiscal Senate Taiwan’s many accomplish- communicable diseases. How is it pos- year 1996 budget resolution to change ments, either economic or political. sible that this administration can see the revenue assumption to exclude or These have often been discussed on the fit to add the President of Asia’s oldest reject a major tax cut and instead to Senate floor. It is sufficient to note republic to the list? We have allowed explicitly allocate the spending cuts that this country is our fifth largest representatives of the PLO and the that would offset such a tax cut to def- trading partner and imports over 17 bil- Sinn Fein to enter this country, yet we icit reduction, to make sure that every lion dollars’ worth of U.S. products an- exclude a visit by an upstanding pri- dollar that was identified for spending nually. More importantly, though, Tai- vate citizen? cuts be immediately transferred into wan is a model emerging democracy in I think we have made it clear to Bei- an account to reduce the Federal def- a region of the world not particularly jing—I know I have tried to—of the icit. noted for its long democratic tradition. great importance to us of our strong The Taiwanese Government has relationship with that country. This I think that is the only way we avoid ended martial law, removed restric- relationship should in my opinion tran- the kind of losses and deficit reduction tions on freedom of the press, legalized scend squabbles over diplomatic minu- that are the inevitable result of the the opposition parties, and instituted tia. I will always seek to avoid any President’s plan and especially the re- electoral reforms which last December move that the Government of the Peo- sult of the Republican contract and the resulted in free elections. ple’s Republic of China reasonably Archer plan. Taiwan is one of our staunchest could find objectionable. I believe that So I hope we can return to the wis- friends. I think every Member of this countries like ours should try hard to dom that was indicated by the Amer- body recognizes that and accords Tai- accommodate each other’s needs and ican people ever since the proposals wan a special place among our allies. concerns in order to further strengthen were made, and I return to what is my Unfortunately, Mr. President, the ad- our relationships. favorite cartoon on the issue, which is ministration apparently does not share However, I believe that the People’s the somewhat bizarre but rather effec- our views. Rather, the administration Republic of China needs to recognize tive portrayal of a giant deficit mon- goes out of its way to shun the Repub- the reality of the situation. Both Tai- ster that is constantly calling out for lic of China on Taiwan, almost as wan and the People’s Republic of China more and more, in this case more fruit though it were a pariah state like are strong, economically vibrant enti- cake in the form of ‘‘Tax Cuts R Us.’’ Libya or Iran. ties. Both share a common heritage The American people are onto the fool- Sadly, the administration’s shoddy and a common culture and yet have ishness of this. They are onto it in the treatment of Taiwan is based not on chosen political systems that are mu- form of cartoons that ridicule a Con- that country’s faults or misdeeds but tually exclusive. Despite these dif- gress that stands up and talks about on the dictates of another country, the ferences, the United States has a fiscal responsibility but cannot resist People’s Republic of China. It is be- strong and important relationship with the temptation to get some quick po- cause the People’s Republic of China them both, and we need to continue litical gain by handing out a tax cut continues to claim that it is the sole those relationships. that will both hurt the economy and legitimate Government of Taiwan and Mr. President, I yield the remainder severely damage, if not permanently because of the administration’s almost of my time. ruin, the possibility of ever having a slavish desire to avoid upsetting that The PRESIDING OFFICER. The Sen- balanced budget, whether it be in the view that the State Department regu- ator from Nebraska. next few years or by the year 2002. larly kowtows to Beijing and maltreats Mr. EXON. Mr. President, I believe Mr. President, we will be coming the Government of Taiwan. If this were the Senator from Nebraska has 15 min- back to this, but I notice in this insti- not such a serious matter, it would al- utes allotted to him under the unani- tution, if you do not keep bringing most be amusing, the lengths to which mous-consent agreement. Is that cor- something up like this, it has a way of the administration goes to avoid any rect? getting resolved in the middle of the perceived official entanglements. The PRESIDING OFFICER. The Sen- night and, all of a sudden, you have an Representatives of the Taiwan Gov- ator is correct. up-or-down vote on the whole package. ernment are prohibited from physically (The remarks of Mr. EXON per- Somehow, whether it be $10 billion or entering the State Department or the taining to the introduction of S. 550 are $100 billion or $700 billion, it could be Pentagon buildings. Any United States located in today’s RECORD under lost instead of actually being used to Government employee who goes to ‘‘Statements on Introduced Bills and almost eliminate the Federal deficit. I work to represent United States inter- Joint Resolutions.’’) think that is the opportunity we have. ests in Taiwan and who also works for f Instead of feeding this monster, reject the State Department must first resign UNFUNDED MANDATES the tax cuts and take the next big step from the State Department before CONFERENCE REPORT to eliminate the Federal deficit. being allowed to go. One has to care- So, Mr. President, as I yield the fully choose what one calls the island’s Mr. EXON. Mr. President, I rise floor, I urge my colleagues to cospon- government to avoid slighting Beijing: today in support of the conference re- sor the sense-of-the-Senate resolution Is it the Republic of China, is it the Re- port to the unfunded mandates bill. I am proud that we are so close to deliv- which Senator BUMPERS, of Arkansas, public of China on Taiwan, Taiwan, or and I have offered to specifically go on the Republic of Taiwan? ering this critical legislation to the na- record as a body saying the tax cuts Finally, the last humiliation to tion’s Governors, mayors, and town have to take second place to this his- which we subject our ally brings us managers who have been laboring toric opportunity to eliminate the Fed- here this morning. This administration under the terrible weight of unfunded eral deficit. refuses to allow the President of Tai- mandates. wan to enter this country, even for a When the President signs this bill, we I thank the Chair, and I yield the private visit—a private visit, Mr. Presi- will hear a collective sigh of relief from floor. dent. President Lee is a graduate of coast to coast. For too long, Congress Mr. THOMAS addressed the Chair. Cornell University where he earned his shifted the cost of these regulations The PRESIDING OFFICER. The Sen- Ph.D. He has expressed an interest in and mandates to the States. Their ator from Wyoming is recognized. attending a class reunion at his alma ledgers bled red from our actions. Their

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3860 CONGRESSIONAL RECORD — SENATE March 14, 1995 treasuries were sapped to pay for com- Mrs. MURRAY. Mr. President, thank That’s when we got acquainted with you. pliance with the unfunded mandates you. After the birth and both were well and that we have foisted upon them. healthy, I wrote you a letter, thanking you f for all your good care. You told me I was the However, with this conference report, THE NOMINATION OF DR. HENRY first person (white that is) to ever give you of which I was very happy to be a part, a compliment. Greg is now over thirty years in working out the differences between FOSTER old. the House and Senate versions of the Mrs. MURRAY. Mr. President, I un- We were so impressed when we visited you mandate bill, we are taking an impor- derstand that the Senate Labor and a few years ago and found you had dedicated tant step in the right direction. Equi- Human Resources Committee has re- your entire life to humanity . . . I feel con- librium is restored. The fiscal responsi- ceived all the necessary paperwork fident you will be confirmed. . . . bility shifts back where it belongs— from the administration for Dr. Henry Mr. President, these are just a few with the authors of these rules. Foster’s nomination for U.S. Surgeon examples for Dr. Foster’s great work. Mr. President, I say to my colleagues General. I rise today to encourage the He has delivered many thousands of ba- this is a fair and just compromise. This committee to move Dr. Foster’s nomi- bies, and he has saved hundreds of is a conference report that addressed nation expeditiously, and I look for- lives. the unfunded mandates problems head ward to his receiving a full and fair Some of our colleagues would have on. This is a conference report all of us hearing. the U.S. Senate exclude Dr. Foster can support no matter on which side of Unlike some of my colleagues, I am from consideration because he has per- the aisle we sit. I wish we could ap- very excited about Dr. Foster’s nomi- formed abortions. I disagree. Abortion proach more of the business of the nation. Dr. Foster is an ob/gyn. I appre- should not be the determining factor in American people in such a bipartisan ciate, and want to stress, the impor- the selection of a Surgeon General. manner as we have addressed this in tance and relevance of his practice Abortion is a legal procedure, and the Congress of the United States. area. For far too long, women’s health every woman in this Nation has a con- In closing, Mr. President, it is my concerns have been neglected by our stitutional right to choose whether and opinion that the conferees did an excel- Government. when to bear a child. lent job knitting together the two dif- Women’s health is critical to very Whether Dr. Foster has performed 1 ferent bills in this coherent and seam- family—every man, woman, and child— abortion or 1,000 abortions, he should less package. We compromised without in this Nation. As a woman, and the not be disqualified from consideration. sacrificing the muscle and teeth of the mother of a son and a daughter, I find I believe that the majority in this Senate bill. the selection of Dr. Foster reassuring. Nation will not allow an extremist mi- From my point of view as a Senate It is especially important at this time nority to criminalize abortion through conferee, I was most pleased that the that President Clinton chose to nomi- the Surgeon General nomination proc- judicial review process was kept to a nate a physician who has dedicated his ess. Furthermore, I believe the women minimum. The current wording is cer- life to maternal and child health. in this Nation will not stand for per- tainly far more restrained than the Dr. Foster is one of the country’s functory disqualification of candidates broad House language which would leading experts on preventing teen based on their practice areas, espe- have provided a field day for lawyers. pregnancy and drug abuse, as well as cially when the physician involved has Their loss is our gain, thank goodness. reducing infant mortality. dedicated his life to women’s health. I would also point out that the con- Dr. Foster is a very decent and dedi- Mr. President, why is no one con- ference report maintained the amend- cated physician who has been unfairly cerned about the exact number of ba- ment sponsored by the distinguished maligned. I hope my colleagues and the bies Dr. Foster has delivered in the Senator from West Virginia [Mr. American public will hear the stories course of his practice? Why is no one BYRD]. The language forces Congress to of some of the many people whose lives inquiring into exactly how many lives vote on an agency’s decision on wheth- Dr. Foster has touched. he has saved? er or not it can implement a mandate I hope they get a more complete pic- I am curious how many teenagers with the money appropriated. This con- ture of Dr. Foster and the work he has have benefited from his I Have A Fu- ference report gives Congress the last done. ture Program? I wonder how many un- word, to which I say ‘‘amen.’’ For example, Dr. Foster worked tire- intended pregnancies he has prevented? Mr. President, one of my favorite lessly to help bring Christopher Hight How many young people has he em- Presidents, Harry Truman, was famous into this world. Jeannette Hight and powered and inspired? for the sign on his desk that said, ‘‘The her husband Charles almost lost their Why is this man being attacked so vi- buck stops here.’’ We can learn a lot baby twice during her pregnancy, but ciously when he has dedicated his life from those words. For too long, Con- Dr. Foster helped nurse her through to our well-being? Finally, how can a gress has been passing the buck to the these crises. U.S. Senator vow to filibuster Dr. Fos- States. For too long, we have been Earlier this year, Jeannette and ter’s nomination before the doctor has passing the buck and passing the bill. Charles Hight wrote to Dr. Foster: even had a hearing? It is time we took responsibility for Mr. President, I had to speak on Dr. Without you, there would not be a Chris- Foster’s behalf today because I cannot our own actions. It is time we pulled topher Hight. Your talents and work have the plug on unfunded mandates. It is brought joy to our lives. You will be proud to stand by and watch his nomination be time we passed this conference report, know that your extraordinary efforts re- railroaded. Senator KASSEBAUM has and I hope we will today. sulted in us having a son who is excelling at promised Dr. Foster a hearing and I be- Mr. President, I reserve the remain- Rice University in architecture. His teach- lieve she is committed to following der of any time remaining, and I yield ers, who are nationally renown, have told us through. Luckily, not everyone is rush- the floor. that he has very special talents. No matter ing to prejudge this nominee. what happens, we are with you. We will al- Every day that goes by without a Mrs. MURRAY addressed the Chair. ways remember your special dedication, car- The PRESIDING OFFICER. The Sen- ing nature and skills. U.S. Surgeon General in place who can ator from Washington. provide strong leadership for our Na- Cliff and Wilda Denton from Moses tion’s future—is a day in which Amer- f Lake in my home State of Washington ican lives can be changed. wrote the following to Dr. Foster: Mr. President, having a Surgeon Gen- EXTENSION OF MORNING I can say in all humility, without you we eral in place who can speak to women’s BUSINESS could have lost our only daughter and first health issues is imperative. I urge the Mrs. MURRAY. Mr. President, I ask born grandson. Wilma was so very ill and de- committee to move quickly on Dr. Fos- unanimous consent to extend morning hydrated. All I had to do was call you. You would nourish her back to normal. This was ter’s nomination. And, I look forward business for approximately 10 minutes. thirty some years ago. When you were a doc- to consideration of Dr. Foster’s nomi- The PRESIDING OFFICER. Without tor in the Air Force at Larson Air Force nation by the full Senate. objection, it is so ordered. Base, her husband was away fighting a war. I yield the floor.

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3861 IN SUPPORT OF THE REPUBLIC OF Department of Commerce has been an conjunction with other mental health CHINA—SENATE CONCURRENT asset to our State and has played an professionals, including psychiatrists, RESOLUTION 9 essential role in furthering the Expan- psychologists, social workers, psy- Mr. CRAIG. Mr. President, I am sion of Idaho’s trade to Taiwan. chiatric nurses, and marriage and fam- pleased to join my colleague from Alas- The United States also benefits from ily therapists so that the most appro- ka, Senator MURKOWSKI, in submitting a stable relationship with the Republic priate treatment for each patient is as- a concurrent resolution expressing the of China on Taiwan. After extensive in- sured. It is provided by professionals sense of the Congress that President ternal review, there has been recent with advanced degrees in counseling or Lee Teng-Hui of the Republic of China progress toward upgrading the rela- related disciplines, practicing within on Taiwan [ROC] should be allowed a tions between the United States and the scope of their training and experi- private visit to the United States. Taiwan, which was good news from the ence. They are currently licensed in 40 This concurrent resolution makes an Clinton administration. The adminis- States and the District of Columbia. important statement in the future di- tration has agreed to help Taiwan I want to congratulate the American rection of United States/Republic of enter certain international organiza- Mental Health Counselors Association China relations. The State Depart- tions, especially those that deal pri- on their designation of April 30–May 6, ment’s refusal last year to allow Presi- marily with trade and commerce. I ap- 1995 as ‘‘National Mental Health Coun- dent Lee, a freely elected leader from a plaud and encourage that endeavor. seling Week,’’ and urge each and every democratic nation, an overnight lay- The Clinton administration has also American to seek the assistance of a over in Hawaii during his trip to Costa agreed to allow the Republic of China qualified mental health counselor when Rica, was very unfortunate. It is hoped to change the name of its offices in the needed. After all, our mental health is that, with the passage of this legisla- United States from the Coordination just as important as our physical tion, the indiscretion that occurred Council for North American Affairs, to health. last year will not be repeated. And, Mr. the Taipei Economic and Cultural Rep- f President, it is important to note that resentative Office. These modest im- WELCOMING CROATIA’S DECISION this bill expresses support for a private provements in relations between our visit to the United States. two countries are certainly a step in ON U.N. TROOP PRESENCE Last May I had an opportunity to the right direction. It is hoped that we Mr. PELL. Mr. President, I welcome visit the Republic of China on Taiwan. will see this pattern of improvement the decision by Croatian President It was a wonderful experience forging continued. Franjo Tudjman to allow an inter- new friendships and strengthening the The concurrent resolution submitted national force to remain in Croatia. As many ties between the Republic of by Senator MURKOWSKI is yet another one who has long opposed sending China and my home State, Idaho. I was step in the right direction. Mr. Presi- United States ground troops to Bosnia very much impressed by the public offi- dent, I hope that remaining issues or or Croatia, the good news about Presi- cials with whom I met and enjoyed the obstacles can be resolved so that Presi- dent Tudjman’s decision seemed to be engaging conversations about the poli- dent Lee Teng-Hui can be allowed to tempered, however, by a report in this tics in the Republic of China and the visit the United States. It is my under- morning’s New York Times. recent elections. standing that a number of my col- According to that article, Secretary During my meeting with President leagues have extended invitations to Perry announced that United States Lee Teng-Hui, I learned of his genuine President Lee and other leaders from troops would be sent to Croatia to help interest in seeing his country play a Taipei, to visit Capitol Hill. I know for with the reconfiguration of U.N. forces. larger international role, which is a a fact that President Lee has much in- Upon further examination, however, it goal befitting Taiwan’s economic sight to share with us, especially on appears that this morning’s report may power and place within the inter- East Asian affairs, and, Mr. President, have been premature, as the President national community. President Lee since the Republic of China on Taiwan has not—repeat not—yet made a deci- urged all nations, especially the United is a tremendous example of economic sion with regard to a commitment of States, to give their support to Tai- prosperity and democratic freedom for United States troops. Moreover, the ad- wan’s campaign to return to the United developing nations around the world, ministration continues to assure me Nations. It is my hope that this goal we would undoubtedly benefit from the that if United States troops were de- will someday be realized. In addition, insights of a leader such as President ployed, it would not be for the purpose President Lee expressed a very sincere Lee Teng-Hui, who has played a central of helping with a reconfiguration or desire to travel privately to the United role in the achievements of the Repub- withdrawal of U.N. troops from Cro- States. I shared with him an invitation lic of China on Taiwan. atia. extended by one of my constituents, f Nonetheless, there is a great deal of who was concerned about the incident confusion surrounding this issue, and in Hawaii. In addition, I expressed my NATIONAL MENTAL HEALTH accordingly, the administration needs hope that he would be able to visit COUNSELING WEEK, APRIL 30– to clarify its intentions with regard to Idaho. MAY 6, 1995 troop commitments. Before any deci- Mr. President, Idaho and the Repub- Mr. HEFLIN. Mr. President, I come sion is made to send U.S. troops, I fully lic of China have enjoyed the mutual to the floor today to acknowledge the expect the administration to follow benefits of a long and close relation- importance of mental health to every- through on its commitment to consult ship. During my visit last year I had one’s and society’s well-being and to with the Congress. the pleasure of joining then Governor call our attention to counseling as a The issue of United States troops of Idaho Cecil Andrus and Governor vital part of maintaining good mental aside, President Tudjman’s decision James Soong of the Taiwan provincial health. walks us back from the brink of dis- government to celebrate the 10th anni- Mental health counseling is provided aster in Croatia and indeed, the entire versary of the sister-state relationship along a continuum of patient needs, former Yugoslavia. I can sympathize between Idaho and the Taiwan Prov- from educational and preventive serv- with President Tudjman’s fear that a ince. Through this friendship my State ices, to diagnosis and treatment of continuation of the status quo might has greatly benefited by expanding mental illness, to long-term and acute have contributed to a permanent sepa- trade, cultural, and educational ex- care. It assists individuals and groups ration of Croatia, creating in effect, changes. Idaho exports to the Republic with problem-solving, personal and so- another Cyprus. of China range from agricultural and cial development, decision-making, and Despite Croatia’s legitimate con- wood products to electronics. In addi- self-awareness. cerns, it would have been a grave mis- tion, the growth in trade has been en- Such counseling is offered through take for U.N. troops to withdraw at hanced by the placement of an Idaho community mental health agencies, this time. Following President trade office in the world trade center, private practices, psychiatric hos- Tudjman’s January announcement in Taipei. Eddie Yen, the gentleman pitals, college campuses, and rehabili- that UNPROPFOR would have to begin that operates the office for the Idaho tation centers. It is often provided in withdrawing by March 31, there were

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3862 CONGRESSIONAL RECORD — SENATE March 14, 1995 strong signs that the Krajina Serbs and abiding interest in oceans issues in gent rules. The United States will put the Croatian Army were girding for general and the Law of the Sea Conven- an end to overfishing and further deple- war. A renewed war in Croatia would tion in particular. Consequently, I was tion of threatened stocks only if we almost certainly have drawn in Serbia delighted when on October 7, 1994, the can ensure that sound management as well as the Bosnian Serbs—leading President transmitted to the Senate practices are applied by the other to a greater Balkan conflict. for its advice and consent the U.N. major fishing nations. This is why the While the United Nations does not Convention on the Law of the Sea administration has negotiated in ear- have a flawless record in Croatia, (Treaty Doc. 103–39). We are now in the nest to achieve what are widely per- UNPROFOR’s presence since early 1992 unique position to become full partici- ceived as breakthrough advances in has prevented the reemergence of full- pants in this Convention and finally strong and responsible arrangements. scale war. Let us hope that the reduced reap the benefits of decades of con- Concerns have been expressed that U.N. force, under a new mandate, will structive negotiations conducted by ratification of the Law of the Sea Con- help maintain the peace. The reduced Democratic and Republican adminis- vention would jeopardize these agree- U.N. force also will have as part of its trations. ments. Ambassador Colson shows that, mandate the patrolling of Croatia’s There is no doubt in my mind that far from hindering these processes, the borders with Serbia and Bosnia- this Convention will serve the interests entry into force of the Convention will Hercegovina—which will go a long way of the United States best from a na- actually benefit their implementation. toward legitimizing Croatia’s inter- tional security perspective, from an In the case of salmon, a very impor- national borders. economic perspective, from an ocean tant commercial, recreational, and We are not out of the woods yet, how- resources perspective and from an envi- subsistence resource, the Law of the ever. Neither the Krajina Serbs, who ronmental perspective. I have ad- Sea Convention has provided a founda- control 30 percent of Croatia, nor Ser- dressed many of these perspectives dur- tion upon which to build under- bian President Milosevic, who serves as ing earlier remarks in the Senate. standings for the States of the North their patron, have indicated their Today, I speak to the importance of Pacific region. The Law of the Sea Con- views of the new mandate. Their re- this Convention to our Nation’s fishery vention, in essence, prohibits fisheries sponse will be key to determining the resources. for salmon on the high seas. It also rec- ultimate success of the U.N. mission. Some have argued that the United ognizes that states in whose waters The larger question, however, is States should not ratify the Conven- salmon originates have the primary in- where we go from here, and how a re- tion because of a perceived negative terest in these stocks. The Anad- duced and newly reconfigured U.N. impact which it might have on inter- romous Stocks Convention, approved force fits into the big picture. It ap- national fisheries agreements nego- by the Senate in 1992, achieved the pears that renewed war in Croatia will tiated by the United States with its major goal of ending all high seas fish- be averted in the near future—thanks international partners. I submit that ing, thanks in great part to the clear in no small part to United States ef- quite the opposite is the case. Ratifica- mandate and requirements of the Law forts. But now we must ask whether we tion of the Law of the Sea Convention of the Sea Convention. Further, the are going to continue simply to put out will be an important step towards as- implementation of this agreement will fires in former Yugoslavia or whether suring the continued benefits of these be facilitated by the entry into force of we have long-term interests to pursue other agreements and protecting the the Law of the Sea, as the prohibition there. I am afraid that if we do not an- fishery interests of our country. on high seas salmon fishing will apply swer this question affirmatively, we I would like to bring to the attention to all member states, not just the sig- will find ourselves in a continual crisis of my colleagues an address delivered natories to the Anadromous Stocks mode. We may find ourselves meeting by Ambassador David Colson, Deputy Convention. one deadline after another—the next of Assistant Secretary of State for The use of large-scale high seas drift which is the end of the Bosnian cease- Oceans, which addresses precisely this nets in another issue that the United fire on April 30—without a clear sense issue. In it, he shows the paramount States has attempted to solve in inter- of purpose. I hope this impending dead- role that the Law of the Sea Conven- national fora. A resolution was passed line does not divert all of our attention tion will play in the implementation of unanimously by the U.N. General As- from the remaining unresolved issues the important international agree- sembly that created a moratorium on in Croatia. The two conflicts are after ments to which the United States is al- the use of those drift nets on the all, interconnected, and we must ad- ready a party: The 1992 Convention for world’s oceans and seas at the end of dress them simultaneously. the Conservation of Anadromous 1992. The drift net moratorium builds Before President Tudjman’s January Stocks in the North Pacific Ocean, ap- upon basic principles of the Law of the announcement that the United Nations proved by the Senate on August 11, Sea Convention, which provides for a would have to leave, an international 1992, Treaty Doc. 102–30, Ex.Rpt 102–51; limited and qualified right to fish on plan to resolve the status of Croatia’s the U.N. General Assembly Resolution the high seas, making it subject to the U.N. Protected Areas [UNPA’s] was on on Large-Scale High Seas Driftnet obligation to cooperate in the con- the table. By all accounts, the so-called Fishing (approved by the Senate on No- servation and management of high seas Z–4 plan satisfies many of the concerns vember 26, 1991, Treaty Doc. 102–7, living resources. Enforcement will be of both the Croatian Government and Ex.Rpt 102–20), the recently concluded facilitated in view of the fact that the the Krajina Serbs. It calls for the res- Convention on the Conservation and Convention’s standards would be vio- toration of Croatian sovereignty to all Management of Pollock Resources in lated by any high seas large-scale drift the U.N. areas, with considerable au- the Central Bering Sea, ‘‘the Donut net fishing that occurs contrary to the tonomy for the local Serbian popu- Hole Agreement’’ (approved by the moratorium. lation. Senate on October 6, 1994, Treaty Doc. With regards to the Bering Sea issue, Now that the immediate crisis has 103–27, Ex.Rpt 103–36) and the FAO problems arose for the United States been averted, I hope that we will not Agreement to Promote Compliance when a straddling stocks fishery began miss out on an opportunity to address with International Conservation and outside our exclusive zone and Rus- the underlying issues in Croatia. Now Management Measures by Fishing Ves- sia’s. Concerns about stocks conditions is a good time to revisit the Z–4 plan. sels on the High Seas (approved by the led to measures to restrain fisheries in f Senate on October 6, 1994, Treaty Doc. the U.S. zone and increasingly urgent 103–24, Ex.Rpt 103–32). calls by American fishermen for the RATIFICATION OF THE LAW OF The United States has long taken a Government to take steps to control THE SEA CONVENTION IS NEED- pro-active approach to fisheries, both the foreign fishery on the high seas. ED TO PROTECT THE FISHERY within its own exclusive economic zone The Donut Hole Agreement approved INTERESTS OF THE UNITED and on the high seas. Through these re- by the Senate on October 6, 1994 was STATES cent successful negotiations, we have the result of lengthy negotiations be- Mr. PELL. Mr. President, many of ensured that our international part- tween the United States and the other my colleagues know that I have had an ners will be submitted to no less strin- states involved in fishing in the area.

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3863 It is a state-of-the-art fishing conven- dian Government levied a fee of $1,100 And we conclude that the oceans are a tion that resolves various issues to the for United States vessels that transit bridge between us; a tie that unites us. They satisfaction of the United States and from Puget Sound and the States of Or- are our sustenance; our life support. other states concerned. Again, this egon and Washington to Alaska. The They are integral to many global systems that we take for granted, but still do not un- agreement could not have been nego- State Department concluded that this derstand. They are the future—their riches tiated without the framework and transit fee was inconsistent with inter- and their energy are yet to be fully tapped. foundation provided by the Law of the national law, and particularly with the We know their health is important, but Sea Convention. The dispute settle- transit rights guaranteed to vessels how little we really know about them. Yet in ment provisions of the Law of the Sea under customary international law and spite of our experience, we continue to pol- Convention will facilitate the imple- the Law of the Sea Convention. Had lute, to over-exploit—to assume that the mentation of the Donut Hole Agree- the United States and Canada both ocean’s vast regenerative capacity is unlim- ment by providing an additional en- ited. ratified the Law of the Sea Convention, We should know better. forcement mechanism to ensure that the Canadian actions would have been And now, after so many years, the 1982 Law no vessel undertakes conduct in the in clear contravention of the conven- of the Sea Convention is in force. Will it help Bering Sea contrary to its provisions. tion. As such, the Canadians might us do better? It will thus serve as both a deterrent have been more hesitant to take the I believe the Convention has, and it will. and as a means to bring about final res- steps they did. In any event the full Already, for more than ten years, most olution should problems arise in the force of the convention and the inter- States have acted consistently with its basic Donut Hole in the future. national community could have been norms—and in those ten years advances in Finally, the very important FAO protecting the oceans have been made. And brought to bear for a prompt resolution now that it is in force its specific implemen- Agreement to Promote Compliance of the dispute. tation will bring more benefits and advance with International Conservation and Mr. President, it is clear in my mind us further. I must be careful because I do not Management Measures by Fishing Ves- that the long-term benefits of these want to say that the Convention will solve sels on the High Seas approved by the very important fishery agreements will all the ocean’s problems. It will not. But can Senate on October 6, 1994 could not only be realized and mutual enforce- it help? The answer is yes. have been successfully negotiated had ment ensured if the underlying prin- In 1983, President Reagan said that the the Law of the Sea Convention not ciples of the Law of the Sea Conven- United States would act in accord with the come before it. The High Seas Agree- balance of interests set forth in the Law of tion—the constitution of the seas—are the Sea Convention, as long as other States ment is part of the FAO’s Code of Con- ratified by the United States. The con- would do likewise. I can report that in the duct for Responsible Fishing and rests vention entered into force on Novem- intervening years basically all States have upon basic principles regarding high ber 16, 1994. To date 73 countries have either expressly or by implication followed seas fishing and flag state responsi- ratified, including Australia, Germany, the basic rules set forth in the Convention. bility found in the Law of the Sea Con- Iceland, and Italy. Other major indus- Thus, the positive achievements that have vention. The Law of the Sea Conven- trialized nations, such as Canada, the occurred in marine environmental protec- tion does not set up the high seas as a European Community, France, the tion and fisheries in the last ten years have sanctuary for irresponsible fishermen taken place in the widely accepted Law of United Kingdom, the Netherlands, and the Sea framework. but spells out that states fishing on the Japan, have signed the convention and And there have been some very important high seas have a duty to cooperate indicated their intention to ratify it in advances. Today I want to review four of with other states to ensure responsible the near future. these which have occurred in the fisheries conservation and management actions. Mr. President, I commend the ad- field. Before I do, I wish to emphasize the fol- This is also true of the current nego- dress of Ambassador Colson, which so lowing point: the Law of the Sea Convention tiations at the U.N. Conference on ably sets forth the importance of the enabled the international community to Straddling Fish Stocks and Highly Mi- ratification of the Law of the Sea Con- reach these agreements. Even before its entry into force, the Convention was the gratory Fish Stocks. It is hoped that vention to the fishing interests of the the final outcome of this conference foundation, the premise, upon which all gov- United States. ernments operated in negotiating these un- will be a legally-binding agreement for I ask unanimous consent that the ad- derstandings. Had we not had this basic the implementation of the provisions dress be printed in the RECORD together foundation, had we not been in agreement of the Convention on the Law of the with the current list of countries who about it, our task would have been much Sea relating to the conservation and have to date ratified the Law of the more difficult, indeed, perhaps impossible in management of straddling fish stocks Sea Convention. some cases. and highly migratory fish stocks. The There being no objection, the mate- The four breakthrough advances are: (1) the 1992 Convention for the Conversation of general principles embodied in this rial was ordered to be printed in the agreement will here again ensure more Anadromous Stocks in the North Pacific RECORD, as follows: Ocean (NPAFC); (2) the 1992 United Nations responsible fishing on the high seas and CONSERVING WORLD FISH STOCKS AND PRO- General Assembly Resolution on Large-Scale will build upon the framework provided TECTING THE MARINE ENVIRONMENT UNDER High Seas Driftnet Fishing (UNGA Resolu- by the Law of the Sea Convention. THE LAW OF THE SEA CONVENTION tion 46/215); (3) the recently concluded Con- Only last week, a Canadian vessel (By Ambassador David A. Colson) vention on the Conservation and Manage- ment of Pollock Resources in the Central fired warning shots and seized a Span- Virtually every day we see another report Bering Sea; and (4) the 1993 FAO Agreement ish fishing vessel that was operating on about the decline of the world’s fish re- to Promote Compliance with International the Grand Banks off the coast of New- sources or about ocean pollution. Conservation and Management Measures by foundland. Had Canada and Spain both We know that the world’s population con- Fishing Vessels on the High Seas. been party to the Law of the Sea Con- tinues to grow dramatically. It is only log- vention, this dispute could have been ical to conclude that there is a direct cor- NORTH PACIFIC ANADROMOUS STOCKS CONVENTION settled without the firing of shots. Re- relation between more people and more im- grettably, such incidents are the result pact on our fisheries and the marine environ- Salmon, anadromous stocks, are very im- ment. portant commercial, recreational and sub- of the growing uncertainty that pre- We know that most of the world’s popu- sistence resources for the States of the vails with regard to high seas fisheries lation lives near the coast and intuitively we North Pacific region. From time to time and will only be avoided if the Conven- know that the result of an increased popu- international disputes in the region relating tion on the Law of the Sea becomes a lation is likely to be greater stress from to salmon have reached the highest level of widely recognized instrument on which human activity upon coastal environments government. The Law of the Sea Convention the Straddling Stocks Conference can be they wetlands, coral reefs, mangroves, framework, however, provides a foundation build to establish a lasting regime for beaches or coastal fisheries—all of which are that has substantially narrowed debate; its those fisheries. in decline. basic rules have been a foundation upon Another instance where the ratifica- We know that the ocean is a large eco- which to build additional understandings. system made up of many smaller ones. We Article 66 of the Law of the Sea Conven- tion of the Law of the Sea Convention know that there are often relationships be- tion recognizes that States in whose waters would be beneficial to the United tween areas, ocean systems, and species. We salmon stocks originate have the primary in- States is in the settlement of disputes know that some fishery resources migrate terest in those stocks. The Law of the Sea with other states. Recently, the Cana- over very long distances. Convention prohibits fisheries for salmon on

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3864 CONGRESSIONAL RECORD — SENATE March 14, 1995 the high seas, with one narrowly drawn and Stocks Convention. The two treaties are State B concerning that high sea fisheries now anachronistic exception—where that completely consistent. What the Law of the dispute. prohibition would result in economic dis- Sea Convention does do is require all States Returning now to salmon in the high seas location for a State other than the State of Parties to it to abide by the prohibition on of the North Pacific Ocean, the availability origin. The Convention also requires that high seas salmon fishing—the basic rule of of such dispute settlement provides not only States cooperate with regard to the con- the Anadromous Stocks Convention. This is an effective tool to enforce the high seas servation and management of stocks when a major long-term benefit to salmon pro- salmon fishing prohibition; its very exist- salmon which originate in the waters of one ducing States. While salmon producing ence provides an effective deterrent against State migrate through the waters of an- States assert our rights, the Law of the Sea such fishing. So—for salmon—the Law of the other. Convention not only recognizes them, but Sea Convention has brought us much al- The Convention’s prohibition on high seas prohibits all States from eroding those ready; it consolidates and confirms present salmon fisheries makes sense from both eco- rights by engaging in high seas salmon fish- practice; it gives us clear rules which pro- nomic and conservation perspectives. Eco- eries. hibit high seas salmon fishing by all States; nomically, salmon grow substantially in the There are additional benefits in the Law of and it provides a new and useful enforcement last months of their lives and thereby tend the Sea for salmon producing States. Parties tool should someone break the rule in the fu- to be a higher value and quality resource if to the Law of the Sea Convention are also re- ture. taken in coastal zones and rivers and not the quired to submit to compulsory binding dis- high seas. Moreover, maintenance and pres- pute settlement in many circumstances. In DRIFTNET FISHING ervation of salmon producing areas in coast- some cases there are exceptions to this rule, The use of large-scale high seas driftnets al rivers cannot be expected if other States but in this case there is not. If vessels of a attracted significant international attention fish for salmon on the high seas. And only State begin to fish for salmon on the high and concern in the 1980s. Ultimately, the the State of origin can effectively manage seas, one means of enforcing the prohibition General Assembly of the United Nations salmon resources in coastal waters and riv- on high seas salmon fishing would be to take took up the matter and passed a consensus ers, not the high seas where salmon stocks that State to compulsory and binding dis- resolution in 1991. The 1991 Resolution, are mixed. pute settlement under the Law of the Sea UNGA Resolution 46/215, created a morato- The rule of the Convention bans salmon Convention. rium on the use of large-scale high seas fishing on the high seas for all States, in- For a moment, let me go into some addi- driftnets on the world’s oceans and seas at cluding a State of origin. The only country tional detail on the dispute settlement provi- the end of 1992. that was fishing for salmon on the high seas, sions of the Law of the Sea Convention, as it This concerted action by the General As- at the time these Convention provisions were is important that this subject, which is well sembly was a vitally important step to pro- negotiated, and thus the only one which understood by international lawyers, be un- might claim economic dislocation, was tect fish stocks and other living species on derstood by fishermen and political leaders Japan. And, it was and is clear, as well, that the high seas from this very indiscriminate as well. fishing method being used by more and more Japan could claim a right to fish salmon on International law requires States to settle the high seas only so long as it could make vessels, about 1,000 in the Pacific Ocean their disputes by peaceful means. Where ne- alone at the height of the fishery. Large- a credible argument of economic dislocation, gotiated solutions are beyond reach, States and so long as it did not assert coastal State scale high seas driftnet fishing was a cause more and more settle differences by going of concern in all regions of the world. rights. through a legal court-like process. There are As the 1980s passed, Japan’s salmon inter- The driftnet moratorium of the United Na- several dispute settlement procedures and, ests shifted: its Coastal State interests in tions builds upon basic principles of the Law as well, several more that can be used. The the production of salmon from its waters of the Sea Convention. It applies only to the Law of the Sea Convention obliges States to began to predominate and its reliance upon high seas—not exclusive economic zones or an economic dislocation argument to con- use dispute settlement in certain cir- territorial seas. In the first instance it re- tinue a high seas salmon fishery was not per- cumstances when other means to resolve dis- quires flag States to ensure the full imple- suasive. In 1992, negotiations on a new salm- putes have failed. Some such circumstances, mentation of the moratorium, but it also au- on convention were completed by the United as noted previously, include fisheries dis- thorizes all members of the international States, Japan, Russia and Canada, designed putes. community to take measures individually To elaborate further, one must make a dis- to replace the U.S.-Canada-Japan treaty that and collectively to prevent large-scale pe- tinction between binding compulsory dispute had created the International North Pacific lagic driftnet fishing operations. The mora- settlement and nonbinding compulsory con- Fisheries Commission. Provisions were in- torium is in implementation of the provi- cluded whereby these primary States of ori- ciliation. The reason this distinction is im- sions of Part VII, Section 2 of the Law of the gin could invite other States of origin, such portant is that the Law of the Sea Conven- Sea Convention relating to the Conservation as China and Korea, to accede to the Conven- tion uses it in relation to fisheries disputes. and Management of the Living Resources of With regard to certain fisheries disputes tion. Japan agreed in this context to end its the High Seas. It gives content to the prin- that may pertain to a coastal State’s man- high seas salmon fishery. The fundamental ciples of ‘‘due regard’’ for the rights and in- agement in its exclusive economic zone, the rule of Article 66 of the LOS Convention was terests of other States and to the duty to co- Convention provides for non-binding compul- achieved by the Anadromous Stocks Conven- operate in the conservation of living marine sory conciliation. In regard to fisheries dis- tion: to end all high seas salmon fishing. resources on the high seas. This achievement came about among the putes that relate to high seas activities, the Convention provides for binding compulsory Some have argued that the moratorium States most concerned for many reasons— would never have been achieved through di- not the least of which is the clear mandate dispute settlement. Nonbinding compulsory conciliation plomacy if the Law of the Sea Convention and requirement of Article 66 of the Law of means, in essence, that if State A alleges had been in force. They argue that, had the the Sea Convention. Moreover, the respect in that State B is mismanaging its 200-mile Convention been in force, the driftnetting which the prohibition on high seas salmon zone in a serious way, State A may require States would have refused to discuss the fishing is held by all other States is a direct the establishment of a conciliation panel to matter in the United Nations and might even result of the Convention rule. have tried to use the dispute settlement pro- This positive result of the Anadromous look into the matter. While State B should participate in the proceedings, there is no visions of the Convention to enforce their Stocks Convention was achieved without the freedom to fish on the high seas against fundamental rule of Article 66 of the Law of penalty if it does not; and, any report the conciliation panel may issue has no binding those States that sought to end driftnetting. the Sea Convention being binding on any I do not agree with this analysis at all. State as a matter of treaty law. I have heard or obligatory effect on State B. First, this argument assumes that the free- some people in the United States say that Binding compulsory dispute settlement, dom to fish on the high seas is an unfettered this result would never have been achieved if which is required for high seas fishery dis- right. But that is not so. The Convention sig- the U.S. had been party to the Law of the putes, is substantially different. If State A nificantly limits and qualifies that right by Sea Convention. I simply do not agree with alleges that State B is violating Convention that point of view; it is abundantly clear to fishery rules and principles on the high seas, making it subject to a number of important me, as the United States negotiator for the and if negotiations have failed, State A may conditions, including the obligation to co- Anadromous Stocks Convention, that the institute a process that results in bringing operate in the conservation and management Law of the Sea Convention—although not in the dispute before an international court or of high seas living resources. force—played a large role in bringing about tribunal of some make-up. There are a num- Second, the States that sought the mora- this result—it certainly did not hinder it. ber of variables concerning these courts or torium were able to demonstrate that large- Let us examine a different question: will tribunals that we have not time to go into scale high seas driftnets, particularly in the the Law of the Sea Convention help the par- now. The point or bottom line is that pursu- North Pacific Ocean, intercepted salmon on ties to the Anadromous Stocks Convention ant to the Law of the Sea Convention, in the high seas in violation of Article 66 of the in the future—if they become a party to the such cases, State A can bring State B before Convention and indiscriminately killed large Law of the Sea Convention? The answer is such a court or tribunal on a matter per- numbers of other species, including marine clearly yes. taining to a high seas fishery dispute, and mammals and birds, in contravention of the The Law of the Sea Convention does not that court or tribunal can render a judge- obligations in Part VII to conserve and man- require any change in the Anadromous ment which is binding on both State A and age living marine resources on the high seas

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3865 and those of Article 192 to protect and pre- tion in the United States. It is a state-of-the- tion of the Aleutian Basin pollock resource serve the marine environment. art fishing convention that resolves various and associated species for many years to In light of this, there is no reason to be- issues to the satisfaction of the States con- come. We look forward, as well, not just to lieve that driftnetting States could have suc- cerned. It does not refer specifically to the seeing this state-of-the-art convention well cessfully challenged the moratorium special interests of coastal States, but it implemented, but to seeing it evolve and through dispute settlement under the Con- does reflect such an interest in the outcome continue to set a high standard for regional vention. In my view, the moratorium would of the negotiation on various issues while fisheries agreements. have been achieved whether or not the Con- providing for fair fishing opportunities on Could the Law of the Sea Convention help vention was in force. A different question is the high seas for all countries if and when the Parties to the Donut Hole Convention? whether the Law of the Sea Convention helps the stock recovers. Certainly. First, the Law of the Sea Con- to ensure effective implementation of the Again, the Donut Hole Convention could vention will require no change in the Donut moratorium. not have been negotiated without the frame- Hole Convention. The Donut Hole Conven- The moratorium on the use of large-scale work and foundation provided by the Law of tion will operate as it was negotiated among high seas drift nets is an important inter- the Sea Convention. Nor did the Law of the its Parties. Second, the Law of the Sea Con- national understanding pertaining to the Sea Convention hinder the attainment of the vention can help the Donut Hole Convention, conservation of living marine resources on Donut Hole Convention in any way. the high seas and the protection of the ma- I do not have time to review its provisions as in the case of the Anadromous Stocks rine environment. It is consistent with and here in any detail. However, I would like to Convention and the Driftnet Moratorium, by meets the general obligation of States found mention a few because I believe that provi- providing an alternative enforcement mecha- within Article 192 of the Convention to pro- sions such as these must and will be incor- nism to ensure that no vessel undertakes tect and preserve the marine environment. It porated into fishing agreements around the conduct in the Central Bering Sea contrary is properly within the scope of constraints world in the near future. to the provisions of the Donut Hole Conven- on fishing on the high seas that are noted in The Donut Hole Convention provides that tion. The dispute settlement provisions of Article 116. fishing vessels will use real-time satellite po- the Law of the Sea Convention enable its And, as in the Anadromous Stocks Conven- sition-fixing transmitters while in the Ber- Parties to ensure enforcement of multilat- tion situation, the Law of the Sea Conven- ing Sea and that information collected eral fishery conservation arrangements on tion’s provisions make fishing beyond the thereby will be exchanged on a real-time the high seas. Dispute settlement does not EEZ—including driftnet fishing—subject to basis through bilateral channels. This is the replace other means that States have at compulsory, binding dispute settlement. It is first multilateral fisheries management their disposal to enforce multilateral con- clear to me that the Convention’s standards agreement to contain such a requirement servation arrangements. It adds to the op- would be violated by any high seas large- and it will enable States such as Japan and tions available. The Law of the Sea dispute scale diftnet fishing that occurs contrary to the United States to ensure that, for in- settlement option can act both as a deter- the moratorium. Thus, the dispute settle- stance, Japanese fishing vessels authorized rent and as a means to bring about final res- ment provisions of the Law of the Sea Con- to fish in the Donut Hole are doing so as au- olution should problems arise in the Donut vention would provide a new additional thorized as that their presence in the coastal Hole in the future. means through which to ensure respect for State zones in the region is only for the le- THE FAO FLAGGING AGREEMENT the moratorium on high seas driftnet fishing gitimate purpose of navigating to and from The FAO Agreement to Promote Compli- by enforcing Articles 66, 116 and 192 of the the fishing ground. convention in light of the General Assembly The Donut Hole Convention also requires ance with International Conservation and Resolutions on this subject. notification of entry into the Convention Management Measures By Fishing Vessels on THE CENTRAL BERING SEA POLLOCK FISHERY Area; notification of the location of trans- the High Seas is often called the ‘‘Flagging AGREEMENT shipments 24 hours prior to such activity; Agreement,’’ although it deals with much more than the flagging of fishing vessels. The problem of straddling fish stocks has the presence of trained observers on all ves- From my perspective, this very important vexed the international community since sels; and the collection and sharing of catch Agreement could not have been successfully even before the Law of the Sea negotiations data on a timely basis. It also provides for negotiated had the Law of the Sea Conven- concluded in 1982. boarding and inspection of fishing vessels by For the United States, this problem arose any party; and, in cases of serious violation, tion not come before it. Moreover, as with in the Central Bering Sea. In the mid-1980s, the continuation of such boarding until the the other fishery agreements I’ve mentioned, a fishery began outside the U.S. and Russian flag State is in a position to take full respon- States should be able to use the dispute set- 200-mile zones on a stock of pollock—the sibility for the fishing vessel. tlement procedures of the Law of the Sea Aleutian Basin stock—largely associated The Donut Hole Convention also contains Convention to ensure observance of the FAO with the U.S. zone and its fisheries. The provisions that ensure that consensus deci- Agreement. international fishery on the high seas grew sion-making does not lead to stalemate or The FAO Agreement is part of the FAO’s quickly to harvesting 1.5 million metric tons the inability to make effective conservation Code of Conduct on Responsible Fishing, an or more annually. Concerns about stock con- and management decisions. This has been a initiative begun at Mexico’s Cancun Con- ditions led to measures to restrain fisheries major problem in traditional fishing agree- ference in 1992. It rests upon basic principles in the U.S. zone and increasingly urgent ments. However, in this convention, in the regarding high seas fishing and Flag State calls by American fishermen for the U.S. absence of consensus among the Parties, responsibility found in the Law of the Sea government to take steps to control the for- means and procedures are established to en- Convention. With respect to high seas fish- eign fishery on the high seas. sure that no fishing occurs in the Donut Hole ing, as I have mentioned before, the LOS In 1991, negotiations began among Russia, except in accordance with sound conserva- Convention does not permit a ‘‘free-for-all,’’ Japan, Korea, China, Poland and the United tion and management rules. an unfettered right to fish, as some suggest. States in an effort to structure a new fish- Provisions such as these break new ground While the Convention acknowledges the gen- eries relationship for the high seas area of in regional fishery management agreements. eral right of all States for their nationals to the Bering Sea. The negotiations began with I believe we should look for more of this in fish on the high seas, it makes this right sub- largely a legal debate about a fishery for a the future. After all, we are close to the 21st ject to a number of important conditions, in- straddling stock on the high seas and the re- century. We live in a world of space age com- cluding: spective rights of coastal States and fishing munication and data management. Fisheries (a) other treaty obligations of the State nations in that regard. Fishing States were data collection and its availability to fish- concerned; strongly of the view that they were entitled eries managers remains an archaic process, (b) the rights and duties as well as the in- to fish there on an equal footing with other to say the least. There is no reason today— terests of coastal States; and States, including coastal States. The United other than the reluctance of fishermen and (c) obligations to cooperate in the con- States and Russia were of the opinion that their governments to compel them—that servation and management of high seas liv- the coastal States—while not having juris- every fishing vessel on the high seas does not ing resources. diction over the fish in the high seas area— have on board a satellite transmitter capable nonetheless had a special interest in these of two way communication, a fax machine, With respect to Flag State responsibility, stocks. Our six country regional negotiation and a computer capable of collecting, storing Article 91 of the Law of the Sea Convention was more than mindful that the straddling and transmitting data immediately in gives States the right to grant nationality to stock issue was also being played out in agreed formats This is the future to which their ships. Flag States must ensure that other regions and was central to the U.N. we look forward. This is the direction true there is a genuine link between themselves Conference on Straddling Fish Stocks and international fisheries cooperation will take and the vessels that fly their flag. In addi- Highly Migratory Fish Stocks, called for by us. tion to cooperating in the conservation and UNCED. Let me return to the Donut Hole Conven- management of highs seas resources, Flag Ultimately, the six countries reached tion. The United States is confident that the States (like all States) must protect and pre- agreement, but only after ten intense and Donut Hole Convention will be fully and fair- serve the marine environment, which in- difficult negotiating rounds over three years. ly implemented by its Parties and that in cludes living marine resources. The agreement is contained in a conven- doing so it will contribute to the protection The FAO Agreement builds upon these tion that is called the Donut Hole Conven- of the marine environment and the conserva- principles to meet two basic objectives.

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3866 CONGRESSIONAL RECORD — SENATE March 14, 1995 First, the Agreement sets forth a range of cooperate among themselves and with coast- Sea Convention. We look forward to the FAO specific obligations for Flag States to ensure al States. Some States argue that it is a Agreement’s entry into force and full imple- that their vessels act consistently with con- derogation of sovereignty to cooperate with mentation. servation and management needs developed other States on the high seas in matters per- CONCLUSION by regional fishing arrangements. Second, taining to boarding, inspection and other We generally ask too much of our inter- the Agreement greatly promotes the trans- questions of compliance for responsible fish- national institutions. The Law of the Sea parency of high seas fishing operations ing behavior. We disagree. We see coopera- Convention is not a panacea that will make through the collection and dissemination of tion as an exercise of sovereignty. the oceans pristine and bountiful. Human be- information. By being Party to the FAO Provision of high seas catch data to other States is not an infringement upon sov- havior has a much greater role to play. Agreement, a State fulfills basic responsibil- In the last ten years we have seen progress ereignty or a derogation from the traditions ities imposed by the LOS Convention to co- made on a number of fronts relating to the operate in the conservation and management of Flag State responsibility. It is a exercise of sovereignty and responsibility in fulfill- marine environment and high seas fisheries. of high seas living resources. And I should note that I have recounted just Flag State responsibility has a long tradi- ment of the duty to cooperate to conserve a few. These examples demonstrate, however, tion in the Law of the Sea, mostly—but not the world’s fishery resources and to protect that it is possible to give real substantive, completely—for the good. It was originally the marine environment. Cooperating with positive, beneficial, responsible content to justified on the notion that a ship should be coastal States on high seas enforcement that overused word ‘‘cooperation.’’ There regarded as an extension of the territory of problems, including boarding and inspection, are, as well, recent major achievements in the Flag State. Generally speaking, when a either through formal or informal arrange- protection of the marine environment from ship is on the high seas, no other State may ments, is not an infringement on sovereignty pollution, including, Marpol and the London exercise jurisdiction over it. or the traditions of Flag State responsi- This exclusivity of jurisdiction has long bility. It is a practical decision by a sov- Convention prohibitions on the ocean dump- been recognized to imply a duty—Flag ereign State and an exercise of its Flag State ing of industrial waste and radioactive States must control their vessels to ensure duties to ensure that its flag vessels comply waste. But, much remains to be done. The Inter- that they act consistently with inter- with international law and the rules and national Coral Reef Initiative in which national law. The Law of the Sea Convention norms of responsible fishing behavior. Japan and the United States are playing a makes this explicit—in exchange for exclu- The Law of the Sea Convention does not leading role is a step in the right direction. sive jurisdiction over its vessels on the high set up the high seas as a sanctuary for irre- The Global Conference on Land Based seas, Flag States must ensure that such ves- sponsible fishermen. States with fishing ves- Sources of Marine Pollution to be held in sels act responsibly. sels on the high seas have a duty under the Today, high seas fishing vessels have har- Law of the Sea Convention to cooperate with Washington at the end of 1995 offers the pos- vesting capacities never imagined in the other States. That cooperation may take sibility of beginning to come to grips with days when the notion of Flag State responsi- many forms—but it must be directed toward the most insidious of ocean pollution prob- bility first arose. Modern fishing vessels and responsible conservation and management lems. And, of course, there is the UN Con- fleets can literally wipe out fish stocks. Flag actions; and that means, at a minimum, ference on Straddling Fish Stocks and High- States have a duty under the Law of the Sea monitoring and inspection of fishing vessels ly Migratory Fish Stocks in which we hope Convention to exercise great vigilance over and reporting about their activities. to make continuing progress in the field of their fishing vessels which operate on the Within the context of regional fishery international fisheries cooperation. high seas. The FAO Agreement identifies agreements, Flag States should consent to The progress made in these areas to date is vital elements of that duty. If they do not boarding and inspection of their fishing ves- no doubt due in part to the fact that we have meet their duty, the fishery resources on sels on the high seas by other States to en- begun to realize in a more forceful way that which we all depend will collapse, and the sure compliance with those agreements. If a we have to take care of the oceans—that we Flag States will have failed to exercise their high seas fishing vessel is violating agreed have to agree to restrain our behavior—that responsibility under the Law of the Sea Con- fishing measures, the Flag State should ei- we just can not do what we want, that ships vention. ther exercise responsibility for the vessel or under our flags must abide by rules of behav- Some Flag States have begun to exercise authorize another State to exercise such re- ior to protect the marine environment and this greater vigilance over their high seas sponsibility on its behalf. If a vessel is sus- to conserve fisheries. It is also due in part to fishing vessels. Others, unfortunately, con- pected of violating coastal State rules, the the fact that for eight years, from 1974–1982, tinue to allow their flags to be flown by ves- Flag State should cooperate with the coastal the Third U.N. Conference on the Law of the sels over which they exercise virtually no State and provide the most efficient means Sea brought the entire world together to control. This is improper under the Law of of investigation including agreeing to coast- identify and negotiate the basic rules for tra- the Sea Convention. When such vessels fish al State boarding and inspection on the high ditional uses of the oceans and to set them in ways that break the rules and do harm to seas when the Flag State is not in position out in the Law of the Sea Convention. the marine environment, these States some- to do so. Thus, for the last ten years we have had a times try to hide behind the tradition of Numerous international extradition agree- common foundation upon which to build. Flag State responsibility, asserting that no ments include the ‘‘prosecute or extradite’’ The progress made on ocean issues in the other State may take action to compel prop- rule. We believe international fishery agree- last ten years is directly attributable to the er fishing behavior on the high seas. When ments and relationships should include a fact that everyone agreed on the basic rules. such vessels are suspected of fishing illegally similar approach. A State must either ensure The entry into force of the Law of the Sea in zones of national jurisdiction, and are that its flag vessels engage in responsible Convention creates new opportunities to pro- later found on the high seas, there States fishing on the high seas, or be prepared to tect the marine environment and to conserve sometimes refuse to cooperate with coastal allow other States to take the necessary its fisheries. Not the least of these opportu- States in investigating the alleged viola- steps. This approach fully respects the basic nities is found in the Convention’s dispute tions. traditions of Flag State responsibility en- settlement provisions, which no amount of These patterns of conduct are inconsistent shrined in the Law of the Sea Convention, rhetoric can make customary law. with Law of the Sea Convention require- while also meeting other responsibilities No responsible actor, be it government, or ments and jeopardize respect for the tradi- found in the Convention of equally compel- individual, has anything to fear from com- tion of Flag State responsibility for fishing ling character to cooperate for the conserva- pulsory dispute settlement. The Law of the vessels on the high seas. The FAO Agree- tion and management of high seas living re- Sea Convention’s dispute settlement provi- ment represents one attempt to address part sources. sions, even if never used, can deter improper of the problem. It sets forth a reasonable set This approach, which the United States is behavior and compel performance with basic of specific duties for Flag States to ensure advocating in the United Nations Conference rules and undertakings established by the that their vessels do not undermine con- on Straddling Fish Stocks and Highly Migra- international community to protect the ma- servation rules on the high seas. As such, it tory Fish Stocks, is completely consistent rine environment and to conserve fisheries. elaborates upon basic duties in the Law of with the Law of the Sea Convention. If Flag Let us ensure that we continue to make the Sea Convention. States do not cooperate in this fashion, I be- progress in these all important areas now All states should move quickly to become lieve that other members of the inter- that the Convention is in force. party to the FAO Agreement or otherwise national community, particularly coastal observe its requirements. For those Flag States, will become more aggressive in as- THE 73 COUNTRIES THAT HAVE RATIFIED THE States that do not, the international com- serting their rights and interests with re- LAW OF THE SEA CONVENTION AS OF MARCH munity can be expected to find another ap- spect to living marine resources. Indeed, we 1, 1995 proach to fulfill the intent of the Law of the have begun to witness such actions in recent Angola, Antigua and Barbuda, Australia, Sea Convention that the marine environ- years. The Bahamas, Bahrain, Barbados, Belize, ment be preserved and protected against the We do not have time to go into this critical Bosnia-Herzegovina, Botswana, Brazil. actions of irresponsible high seas fishing ves- subject at greater length. We should recog- Cameroon, Cape Verde, Comoros, Cook Is- sels. nize, however, the contributions that the lands, Costa Rica, Cote d’Ivoire, Cuba, Cy- The message is that the Flag States of ves- FAO Agreement has made to giving content prus, Djibouti, Dominica, Egypt, Federal Re- sels fishing on the high seas must do more to to the Flag State duties of the Law of the public of Yugoslavia.

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3867 Fiji, the Gambia, Germany, Ghana, Gre- stories about New-York, a city that still had Like No. 50,000 today, No. 30,000 hit the nada, Guinea, Guinea-Bissau, Guyana, Hon- a hyphen in its name: a 35-year-old Manhat- streets on a March 14—Thursday, March 14, duras, Iceland, Indonesia, Iraq. tan woman had died in police custody, and 1940. No. 10,000, on Sept. 24, 1883, reported Italy, Jamaica, Kenya, Kuwait, Lebanon, two Death Row inmates were facing execu- that J.P. Morgan’s yacht had sunk. That Former Yugoslav Republic of Macedonia, tion. issue had eight pages and a newsstand price Mali, Malta, Marshall Islands, Mauritius. No. 25,320 was the one that said Lindbergh of 2 cents. The daily-and-Sunday subscrip- Mexico, Federated States of Micronesia, did it, flying to Paris in 331⁄2 hours. No. 30,634 tion price in those days was $7.50 a year. Namibia, Nigeria, Oman, Paraguay, Phil- described the Japanese attack on Pearl Har- Vol. I, No. 1 of The New-York Daily Times, ippines, St. Kitts and Nevis, St. Lucia, St. bor. No. 35,178 reported that the Supreme as the newspaper was known, cost only a Vincent and the Grenadines. Court had banned segregation in public penny when it appeared on Thursday, Sept. Sao Tome and Principe, Senegal, schools. No. 40,721 said that men had walked 18, 1851. There were no Sunday issues until Seychelles, Sierra Leone, Singapore, Soma- on the moon, No. 46,669 that the Challenger No. 2,990 on April 21, 1861. But each day lia, Sri Lanka, Sudan, Tanzania, Togo. had exploded. brought a new number, and the continuity Today, 143 years and 177 days after No. 1 Trinidad and Tobago, Tunisia, Uganda, was preserved even when the paper was not hit the streets, The New York Times pub- Uruguay, Vietnam, Yemen, Zaire, Zambia, published. After strikes in 1923, 1953 and 1958, lishes Vol. CXLIV, No. 50,000—its 144th vol- Zimbabwe. special sections were printed containing ume, or year, and 50,000th issue. f Except for the Super Bowl and the copy- pages that had been made up when the paper was not published. APPOINTMENT BY THE PRESIDENT rights in late-late movies, Roman numerals have gone the way of long-playing phono- Continuity was also preserved during a 114- PRO TEMPORE graph records and rotary-dial telephones. day strike in 1962 and 1963. The Time’s West The PRESIDING OFFICER. The And in an industry where the numbers that Coast edition kept the numbers going. (The Chair, on behalf of the President pro matter most involve circulation and adver- West Coast edition had no Sunday issue, but tempore, and upon the recommenda- tising lineage, the 50,000th issue is the jour- for the sake of continuity, the numbers skipped one between Saturday and Monday.) tion of the minority leader, pursuant nalistic equivalent of a car odometer’s roll- ing over. The day will be noted in passing at In 1965, when a 24-day strike halted The to Public Law 102–138, appoints the The Times. The newspaper is preparing to Times’s operations in New York, its inter- Senator from Alabama [Mr. HEFLIN] as commemorate the 100th anniversary of Ad- national edition in Paris kept publishing. Vice Chairman of the Senate Delega- olph S. Ochs’s purchase of the paper next That justified keeping the numbers going, tion to the British-American Inter- year. even though the international edition had its parliamentary Group during the 104th ‘‘The best way we can celebrate’’ No. 50,000, own different sequence. For that reason, the Congress. Arthur Ochs Sulzberger, the chairman of The number of the issue published in New York New York Times Company, said yesterday in on Sept. 16, 1965, the last day before the f a memorandum to the staff, ‘‘is by insuring strike, was No. 39,317. The first day after the THE NEW YORK TIMES PUBLISHES that our 50,001st edition is the best news- strike was No. 39,342. The numbers from ITS 50,000TH ISSUE paper we can possibly produce.’’ He added: 39,318 to 39,341 were never used. ‘‘I’ll fax you another memo when our 75,000th No such attempt at continuity was made Mr. MOYNIHAN. Mr. President, care- edition comes out.’’ during an 88-day strike in 1978. By then, the Still, 50,000 is a lot of anything. It is the ful readers of the New York Times may Times had suspended its international edi- number of copies of John Steinbeck’s have noticed something special below tion and become a partner in The Inter- ‘‘Grapes of Wrath’’ sold every year in the national Herald Tribune. The last issue of the nameplate on the front page of to- United States, and the number of copies of The Times before the strike was No. 44,027. day’s issue. Just beneath the familiar Conrad Hilton’s autobiography, ‘‘Be My The first issue after the strike was No. 44, box—known as the left ear in news- Guest,’’ stolen every year from hotel rooms 028. paper parlance—announcing ‘‘All the around the world, the number of rhinestones News That’s Fit to Print,’’ it says the that were in Liberace’s grand piano and the The Times is one of the last papers in number of customers who crowd into Har- America to print the volume number (in following: ‘‘Vol. CXLIV . . . No. 50,000.’’ Roman numerals) and the issue number (in The New York Times published its rods in London every day. If all 50,000 issues of The Times were Arabic) on its front page. Dr. Holt Parker, an 50,000th issue today, a noteworthy stacked in a single pile, one copy apiece, associate professor of classics at the Univer- milestone even for a newspaper as they would be roughly 300 feet taller than sity of Cincinnati, knows when this tradition seemingly eternal and immutable as the Empire State Building, or 200 feet taller began: in the Middle Ages, when scribes cop- the great presence on West 43rd Street. than one of the twin towers at the World ied texts by hand. The first issue of what was then called Trade Center. Why does it continue? Dr. Parker can the New-York Daily Times appeared The idea of 50,000 days of headlines sum- think of only one reason. ‘‘Because,’’ he said, 143 years, 7 days ago, on Thursday, Sep- mons memories. Going by the numbers, No. ‘‘it looks good.’’ 18,806 said the Titanic had sunk after slam- tember 18, 1851. With only a very few ming into an iceberg near Newfoundland. No. f interruptions, there has been an issue 28,958 reported the explosion of the dirigible of the Times every day ever since. Hindenburg in Lakehurst, N.J., and No. To give Senators a sense of the mag- 34,828 the conquering of Mount Everest. The THE DEATH OF JUDGE VINCENT L. nitude of this event: if one were to 1965 blackout dominated No. 39,372; the one BRODERICK stack up 50,000 copies of the New York in 1977, No. 43,636. The Times has covered 28 Presidents (29 if Mr. MOYNIHAN. Mr. President, New Times, the pile would be 300 feet taller Grover Cleveland, who served two non- York and the Nation lost a most distin- than the Empire State Building, which consecutive terms, is counted twice), start- guished attorney, jurist, and public is 102 stories tall. ing with Millard Fillmore. No. 4,230 reported servant with the death on March 3 of Mr. President, I am sure all Senators the death of Abraham Lincoln, No. 38,654 the the Honorable Vincent L. Broderick. will join me in offering congratulations assassination of John F. Kennedy and No. 42,566 the resignation of Richard M. Nixon. Judge Broderick, or Vince as he was and great good wishes to Arthur Ochs known to family and friends, was born Sulzberger, the publisher of the New Ten thousand issues ago, No. 40,000 re- ported that a crib had been set up in the in 1920 into a family with a long tradi- York Times, and to everyone else at White House for Patrick Lyndon Nugent, the tion of public service. His father, Jo- the Nation’s ‘‘newpaper of record,’’ on five-week-old grandson of President Lyndon seph A. Broderick, was Gov. Franklin this historic occasion. I ask unanimous B. Johnson. He was to stay in the White D. Roosevelt’s superintendent of banks, consent that an article about the House while his parents took a vacation in and was later appointed by President 50,000th issue from today’s New York the Bahamas. No. 40,000 also reported that Ann W. Brad- Roosevelt to the Federal Reserve Times be printed in the RECORD. Board. His uncle, James Lyons, served There being no objection, the article ley was engaged to Ramsey W. Vehslage, the president of the Bonney-Vehslage Tool Com- as Bronx borough president for 20 was ordered to be printed in the pany in Newark. No. 40,076, on Oct. 15, 1967, years. I might add that this tradition RECORD, as follows: reported that their wedding had taken place continues among other members of the [From the New York Times, Mar. 14, 1995] the day before in Washington. Mr. Vehslage family: Judge Broderick’s nephew, is still the president of the family-owned THE TIMES PUBLISHES ITS 50,000TH ISSUE: 143 Christopher Finn, who was my admin- company. But the person who answered the YEARS OF HISTORY phone at Bonney-Vehslage last week was istrative assistant here in the Senate (By James Barron) Ramsey Jr., born on June 18, 1971 (an event from 1987 to 1989, is now executive vice This was front-page news in No. 1: ‘‘In Eng- not reported in No. 41,418, published that president of the Overseas Private In- land, political affairs are quiet.’’ So were two day). vestment Corporation.

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3868 CONGRESSIONAL RECORD — SENATE March 14, 1995 As a young man, Vincent Broderick mous consent that it be printed in the vate practice of law until 1976, when he was was a leader of the Young Democrats RECORD. appointed to the Federal bench by President in the late 1940’s. He was active in the There being no objection, the obit- Gerald R. Ford, a Republican. presidential campaign of Robert F. uary was ordered to be printed in the As a senior judge of the United States Dis- trict Court for the Southern District, he re- Kennedy, and, after the assassination RECORD, as follows: mained active until shortly before his death. in 1968, in the campaign of Hubert [From the New York Times, Mar. 7, 1995] He presided over one of the longest criminal Humphrey. In 1969, after briefly consid- V. L. BRODERICK, JUDGE AND POLICE HEAD, 74, trials in the Federal courts, an organized- ering running for mayor of New York DIES crime racketeering case that lasted more City, Mr. Broderick sought the nomi- (By Lawrence Van Gelder) than 18 months. And, in a ruling sustained by the Untied States Supreme Court that re- nation for city comptroller. He was de- Judge Vincent L. Broderick, who was a sulted in new hiring practices by govern- feated in the primary by Abraham senior judge on the Federal District Court ments, he held for the first time that polit- Beame. He continued to be active in for the Southern District of New York and ical considerations had no place in selecting who served as New York City Police Com- Democratic politics in New York, personnel for nonpolitical government jobs. missioner during the tumultuous period of working on Senator George McGov- He served from 1990 to 1993 as chairman of transition, died on Friday at the Stanley R. ern’s presidential campaign in New the criminal law committee of the Judicial Tippett Hospice in Needham, Mass. He was York in 1972. Conference of the United States, the policy- 74. making arm of the judiciary, a position from Judge Broderick was the sort of Judge Broderick, who lived in Pelham which he led a fight to permit judicial flexi- uniquely able man who was called to Manor, N.Y., died of cancer, said his daugh- bility in sentencing. duty by his Government again and ter Kathleen Broderick Baird of Needham. In 1993, he told a House subcommittee that again for the most difficult assign- In the eight months after he was appointed an inherent vice of mandatory minimum sen- ments. During World War II, he inter- Police Commissioner by Mayor Robert F. tences is that they are designed for the most Wagner in May 1865, Judge Broderick led the rupted his studies at the Harvard Law culpable criminal, but they capture many police force through the blackout that School to enlist in the Army, where he who are considerably less culpable and who, blanketed the Northeast, through the big- served as a member of the amphibious on any test of fairness, justice and propor- gest transit strike in the city’s history, tionality, would not be ensnared. The 1994 engineers in the Pacific. He rose to the through the first visit to New York by a crime bill incorporated his view by permit- rank of captain before returning to law Pope, Paul VI, and through a conflict with ting departures from the mandatory guide- school, which he finished in 1948. Mayor John V. Lindsay over the creation of lines. After practicing law with the Wall a civilian board to review complaints against Judge Broderick’s father, Joseph, was Su- Street law firm of Hatch, Root & Bar- the police. Lean, calm and reflective, Judge Broderick perintendent of Banks for New York State rett in the 1950’s, Vincent Broderick and a governor of the Federal Reserve Board. became deputy commissioner for legal was a relative rarity in the ranks of commis- sioners—a man who had never walked a beat. His brother Francis was a chancellor of the matters of the New York City Police University of Massachusetts in Boston. Department. He later served as general But he came from a background in law, law enforcement and public service, having been Judge Broderick, who grew up in the Wash- counsel of the National Association of deputy police commissioner in charge of ington Heights section of Manhattan, grad- Investment Companies before becom- legal matters and, at the time of his appoint- uated from Princeton in 1941, began studies ing chief assistant U.S. attorney for ment as head of the 27,000-member force at at Harvard Law School and then enlisted in the southern district of New York. the age of 45, the chief assistant United the Army. As a member of the amphibious In 1965, Vincent Broderick was ap- States Attorney for the Southern District of engineers he served in Cape Cod, New Guin- ea, the Philippines and postwar Japan before pointed police commissioner by New New York. ‘‘Its a problem job,’’ he said when Mayor leaving service with the rank of captain to York City Mayor Robert F. Wagner. resume his studies at Harvard. He graduated Running the Nation’s largest police Wagner named him to fill the unexpired term of Michael J. Murphy. ‘‘It always has in 1948. force in the Nation’s largest city has been a problem job, and it always will be. For the next six years, Judge Broderick always been an extremely difficult job, But I think I have the capacity to handle practiced with the Wall Street firm of Hatch, and never more so than in 1965, when it.’’ Root & Barrett. Then he was chosen for the New York City experienced a terrible Judge Broderick wasted no time making job of deputy commissioner for legal mat- blackout, a crippling transit strike, the clear where he stood. In his first major ap- ters. After two years, Judge Broderick left to become general counsel of the National Asso- first ever visit by a Pope—Paul VI— pointment after assuming office, he named a black captain, Eldridge Waith, to command ciation of Investment Companies. and a bitter dispute with Mayor John In 1961, Robert M. Morgenthau, then the V. Lindsay over the handling of com- the 32d Precinct in Harlem. Two weeks later, at a time of racial tensions throughout the United States Attorney for the Southern plaints against the police. Despite country, Judge Broderick issued a warning District, named him chief assistant, and he these challenges, Vincent Broderick at a police officers’ promotion ceremony: served as acting United States Attorney in excelled as police commissioner and be- ‘‘If you will tolerate in your men one atti- 1962, when Mr. Morgenthau ran unsuccess- came known as a leader who refused to tude toward a white citizen who speaks fully for governor against Nelson A. Rocke- tolerate excessive force or racial preju- English, and a different attitude toward an- feller. In addition to his daughter Kathleen, Mr. dice in his department. other citizen, who is a Negro or speaks Span- ish—get out right now. You don’t belong in a Broderick is survived by his wife, the former After returning to private practice Sally Brine, of Pelham Manor; three other for a time, Vince Broderick was nomi- command position. ‘‘If you will tolerate physical abuse by daughters, Mary Broderick of East Lyme, nated to the U.S. District Court for the your men of any citizen—get out right now. Conn., Ellen Broderick of East Chatham, southern district of New York by Presi- You don’t belong in a command position. N.Y., and Joan Broderick of East Sandwich, dent Ford, where he further distin- ‘‘If you do not realize the incendiary po- Mass.; two sons, Vincent J. Broderick of guished himself as a jurist of great wis- tential in a racial slur, if you will tolerate Westwood, Mass., and Justin Broderick of dom and fairness. From 1990 to 1993, he from your men the racial slur—get out right Cambridge, Mass.; a brother, Joseph, of served as chairman of the criminal law now.’’ Chapel Hill, N.C., and eight grandchildren. In that same speech, Judge Broderick committee of the Judicial Conference f of the United States. He remained ac- made clear where he stood on the subject that prompted Mayor Lindsay to deny him CONCLUSION OF MORNING tive as a senior judge in the southern reappointment the following February: district until shortly before he died. Judge Broderick opposed a civilian review of BUSINESS Judge Vincent Broderick was a pub- the police. Recalling testimony he had just The PRESIDING OFFICER. Morning lic man of singular accomplishments given the City Council, he said, ‘‘I opposed it business is now closed. and abilities, a model public servant on the ground that we have civilian control and model gentleman whose extraor- of the Police Department; that we have civil- f dinary career and accomplishments in ian review of citizens’ complaints; that out- government and the law will be studied side review would dilute the quantum and RECESS quality of discipline within the department, The PRESIDING OFFICER. Under and admired for many years to come. and that outside review would impair the ef- Mr. President, I commend to the at- fectiveness of the police officer in coping the previous order, the hour of 12:30 tention of Senators Judge Broderick’s with crime on the streets.’’ p.m. having arrived, the Senate will obituary, which appeared last week in On leaving the Police Department, Judge now stand in recess until the hour of the New York Times, and I ask unani- Broderick, a Democrat, returned to the pri- 2:15 p.m.

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3869 Thereupon, the Senate, at 12:37 p.m., Fayette Counties—all of which were tation methods improved, the thick recessed until 2:15 p.m.; whereupon, the big coal producers—and my uncle, who Pittsburgh coal seam, prominent in Senate reassembled when called to raised me, worked in the mines of Mer- northern West Virginia, assured the order by the Presiding Officer (Mr. cer, McDowell and Raleigh counties. area of a steady growth in coal produc- COATS). Therefore, I shall reflect in my re- tion as transportation methods im- f marks today, on the conditions under proved. I quote from Mr. Cohen’s work: which the coal miners worked when I Mines were operating in the Fairmont re- EMERGENCY SUPPLEMENTAL AP- was a boy and which led to the union- PROPRIATIONS AND RESCIS- gion by 1850 for local consumption. When the ization of the miners. I shall refer to Baltimore and Ohio Railroad reached Fair- SIONS ACT the social conditions under which the mont in 1853, markets opened up as far East The PRESIDING OFFICER. Under coal miners labored to raise their fami- as Baltimore. The coal fields around Wheel- the previous order, the Senate will now lies, and I shall also speak of the trials ing, and the Northern Panhandle, were also resume consideration of H.R. 889, which and turmoils that attended the coming mined prior to the Civil War; the coal was the clerk will report. of the union to the southern counties needed for a fledgling iron industry in that city that had begun before the War of 1812. The legislative clerk read as follows: of my State. To fully comprehend the The Baltimore and Ohio reached Wheeling in A bill (H.R. 889) making emergency supple- importance of the ability of workers to the early 1850’s, providing access to eastern mental appropriations and rescissions to pre- collectively bargain—in other words, to markets. serve and enhance the military readiness of strike—and to belong to a union, no in- The northern coal fields assumed greater the Department of Defense for the fiscal year dustry is more illustrive than the min- importance during the Civil War, when sup- ending September 30, 1995, and for other pur- ing industry in West Virginia. plies from Virginia were cut off. The larger poses. Geologists place the beginnings of cities of the East needed a steady supply of The Senate resumed consideration of the Coal Age at about 315 million years coal for heating purposes and war-related in- the bill. ago, at the start of what is known in dustries. Union forces were able to keep the Baltimore and Ohio and the Norfolk and Pending: geologic time as the Pennsylvanian pe- Western railroads open to Washington, D.C., Bumpers amendment No. 330, to restrict riod. This, together with the earlier and Baltimore, notwithstanding constant the obligation or expenditure of funds on the Mississippian period, make up the Car- raids by the Confederates. The end of the war NASA/Russian Cooperative MIR program. boniferous Age. The first Coal Age is Kassebaum amendment No. 331 (to com- saw the expansion of coal mining in Marion, mittee amendment beginning on page 1, line thought to have lasted approximately Taylor, Preston, Monongalia, Barbour, and 3), to limit funding of an Executive order 45 million years. Almost all of the val- Harrison Counties. that would prohibit Federal contractors uable coal seams were laid during the The coal fields in southern West Virginia— from hiring permanent replacements for Pennsylvanian period. These deposits those in Logan, Mingo, Wyoming, Mercer, striking workers. stretched from the Canadian maritime McDowell, Wayne, and Summers—had to wait for the coming of the railroads to that The PRESIDING OFFICER. The provinces south to Alabama, generally section in the late 19th century to realize chair, in his capacity as a Senator from paralleling the Appalachian Mountain their vast potential. chain. West Virginia was blessed with a the State of Indiana, suggests the ab- Mr. President, coal mining in south- great concentration of this natural re- sence of a quorum. ern West Virginia is a vast storehouse source, and from the beginnings of coal The clerk will call the roll. of history. It is a story of struggle, of- The legislative clerk proceeded to mining in the early 1800’s, the econ- tentimes violent struggle—a story of call the roll. omy, welfare, and political life of West courageous men and women demanding Mr. BYRD. Mr. President, I ask unan- Virginia had been largely dependent and fighting for their rights, for their imous consent that the order for the upon this ‘‘black gold,’’ which dignity, and for their freedom. As quorum call be rescinded. underlies a great portion of my State. David Alan Corbin, relates in his work The PRESIDING OFFICER. Without Coal was not a very important resource titled ‘‘The West Virginian Mine objection, it is so ordered. in West Virginia until after the Civil Wars’’: Under the previous order, the Sen- War, when the advent of the railroads ator from West Virginia [Mr. BYRD] is made the coal fields accessible and Like the Civil Rights movement of the recognized. brought thousands of miners into the 1960’s, the miners’ organizing effort had good and bad characters. Each story involved bru- Mr. BYRD. Mr. President, I thank State. tality, destruction, and death. And both the Chair. Since the advent of coal mining, movements are stories of oppressed, ex- What is the pending question before West Virginia has been fertile ground ploited people fighting for dignity, self-re- the Senate? for outside exploitation, massive labor spect, human rights, and freedom. Both are The PRESIDING OFFICER. The busi- confrontations, union organizing, and a stories of courageous men and women doing ness before the Senate is the Kasse- multitude of political intrigues. The heroic things under extraordinary cir- baum amendment, No. 331, to H.R. 889. coal fields have provided great wealth cumstances against extraordinary foes. Mr. BYRD. I thank the Chair. to individuals and to corporations— Corbin refers to the Matewan mas- Mr. President, although this amend- many or most of which, as I have stat- sacre in 1920 as having parallels to the ment only directly affects workers in- ed, were outsiders—while many of the Old-West-style shootout on the main street volved in Government contracts, there miners and their families have known of town. The killings of Sid Hatfield and Ed is a deeper principle—a principle which equally great poverty. Great wealth for Chambers on the steps of the McDowell goes to the rights of other workers to the outside interests; great poverty for County courthouse in Welch was a gangland act in concert—in other words, to the men who toiled in the mines to type ‘‘hit’’, and the ensuing march on Logan strike—to bring about improved work- bring out the coal. West Virginians was Civil War. ing conditions, better wages, safety have seen their State’s landscapes al- And if ever my colleagues have the and health protection, and so on. It is tered by underground mining and more opportunity, I hope they will visit a principle for which many men have recently by the impact of strip mining, Matewan, in Mingo County, the south- given their lives, and, as one who grew and the State’s economy has been buf- ernmost part of West Virginia. up in the southern coal mining coun- feted by the up-and-down cycle brought McDowell County is an adjoining coun- ties of West Virginia, I rise today in on by vacillating prices and other eco- ty. I lived in McDowell County as a lit- opposition to this amendment. nomic factors, many or most of which tle boy, and my coal miner dad worked I was raised by a coal miner; I mar- were beyond the immediate control of in mines at Landgraff. ried a coal miner’s daughter; my days the coal miners themselves. There on the courthouse steps, as- as a boy and as a young man were As Stan Cohen states in his fas- cending the hill leading to the spent in coal mining surroundings, and cinating treatise, titled ‘‘King Coal, a McDowell County Courthouse in Welch, as a young man I worked in the coal Pictorial Heritage of West Virginia can still be seen the bullet holes. Sid mining company stores in Raleigh Coal Mining,’’ coal was sighted as early Hatfield and his wife, Ed Chambers and County and Fayette County, West Vir- as 1790 in the northern part of the his wife, were ascending the steps. Sid ginia. I lived at various times in Mer- State, which, at that time, was a part Hatfield and Ed Chambers were shot cer and McDowell and Raleigh and of the State of Virginia. As transpor- dead by the Baldwin-Felts gunmen.

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3870 CONGRESSIONAL RECORD — SENATE March 14, 1995 Mr. President, the West Virginia tough, clannish, and, while normally slate so that he would not be ‘‘docked’’ mine wars involved nearly every form friendly, they looked upon strangers for sending out ‘‘dirty’’ coal. Lump of violence. Automatic rifles, machine with suspicion. Life on the whole was coal sold at a premium price while pea- guns, shotguns, handguns, and gre- simple. sized or slack coal sold for a lesser nades were utilized, and there was a In the early days of the mining in- price. A miner hung a brass ‘‘check’’ on train, ‘‘Bull Moose Special.’’ It was dustry, a miner learned how to mine by each car that he loaded in order to get fitted with guns and armor. There were experience. He would work with an- proper credit for the coal that he dug. other miner or with his father until he passwords, spies, scouts, sentries, med- My dad’s check number, I recall, was felt confident enough to work at the ical units, medics, and officers. It was 232. Each car of coal that he loaded, he a war fought also with legal artillery— coal face alone. The early miner per- formed all mining tasks himself, in- attached his brass check with No. 232 injunctions, yellow-dog contracts, on it, so that when the coal car was un- housing contracts and evictions, eco- cluding laying the track for the coal car, loading the car, and supporting the loaded into the tipple and later into nomic sanctions—as well as by jailings, the railroad cars, he would get credit beatings, and murders. The West Vir- mine roof. As production increased and companies grew, a division of labor was for having dug and loaded that carload ginia mine wars have been the subject of coal. of several interesting historical stud- instituted, with each miner having a In the mid 1920’s, a miner would ies, including Lon Savage’s, ‘‘Thunder specific task to perform. Young boys— 12-year-olds, for example—often went sometimes load more than 10 tons of in the Mountains,’’ Howard Lee’s into the mines with their fathers to coal a day. Companies in those days ‘‘Blood Letting in Appalachia,’’ and learn the job. They were given odd jobs would haul the coal to the surface David Corbin’s work titled ‘‘Life, at first, such as door-tending, or ‘‘trap- using mules or ponies, until small elec- Work, and Rebellion in the Coal ping,’’ which consisted of sitting near a tric locomotives were introduced. Fields.’’ I do not recommend watching movies ventilation door and opening it—this is One source of constant tension be- along the mine entrance. The mine per- except excellent ones and there are not tween miners and coal companies in haps had been driven a mile, two miles, many American movies that are excel- those days was the matter of fair pay- or three miles or more into the bowels lent. But I do recommend, if my col- ment to the miner for the coal that he of the Earth, and there were large fans leagues ever have the opportunity of had dug and loaded. ‘‘Short weighing,’’ that would circulate the air through doing so and they have not done so al- practiced by some unscrupulous com- the entries. There were trap doors ready, I recommend they see panies to cheat the miners, occurred through which the motor, or earlier, ‘‘Matewan.’’ when the company weighman would the mules or ponies that pulled the The coal miners’ struggle for union- record a weight less than the actual mine cars, would travel. These boys ization was the culmination of decades amount of coal in the car. ‘‘Dockage,’’ would be employed to open the door of exploitation and oppression, and it to which I referred a little earlier, was and close the door after the cart or the was fought for dignity, and political an arbitrary reduction in payment for mine car had passed through the door and social rights. Coal mining oper- impurities such as slate and rock load- with its load of coal. ed in the coal car. These practices be- ations ran an authoritarian system, So these boys were given odd jobs at came so commonplace that one of the the heart of which was the coal com- first, such as door-tending or ‘‘Trap- pany town. The coal companies, owned ping,’’ which consisted of sitting near a first demands of the miners when the by outside interests, exercised enor- ventilation door and opening it as the union was formed was for their own mous social control over the miners. mule drivers, or ‘‘skinners,’’ as they check-weighman to monitor the com- The coal company town was really not were sometimes called, passed through pany check-weighman, because the a town in the usual sense of the word. with their loads of coal. miners felt that only with such a sys- But it was a complete, autonomous In the days when my coal miner dad tem would they be paid a fair amount system. In addition to owning and con- worked in the coal mines, the coal was for the coal that they had so arduously trolling all the institutions in the dug and loaded by hand, and the min- dug and loaded. town, coal company rule in southern er’s work area around him was referred With the coming of hydraulically West Virginia, according to David to as his ‘‘place.’’ That is why a few controlled machines, mining has be- Corbin, and I can bear witness to the days ago, when speaking against this come an automated industry, and high- facts that he describes, because I grew amendment, I referred to, on one occa- ly skilled men and women operate the up in those surroundings. sion, the ‘‘coal miner’s place.’’ If he did complicated mining machinery of Coal company rule in southern West not clean it up during the 9 or 10 or 12 today. The pick and shovel mining, Virginia, hours, then someone else might take which constituted the life and times of included the company doctor who delivered his job. The miners were told to clean the coal miners of my dad’s day, are the babies, the mines in which the children up their ‘‘place,’’ and there was always gone forever. went to work, and the cemeteries where they someone waiting on their job. That eventually were buried. So, Mr. President, the West Virginia meant he had to shovel up the coal, the I have helped to bury coal miners on mountains had stood in untouched soli- rock, the slate—whatever fell down tude throughout the hundreds of mil- those hills. It is an experience, car- when the dynamite went off—and clean rying those heavy caskets along the lions or billions of years. With the it up, load it into the car. Many times coming of large coal mining oper- hillsides and digging the graves, as the miner worked on his knees, loading well. Company rule also included the ations, in my boyhood and early man- that coal into the mining car. hood years, coal mining camps were to company police in the form of mine Dynamite was used to bring down the be found all over the southern counties guards, who would toss the miners into coal, and the fallen coal was shoveled of West Virginia. Large mine-mouths the company jail—not into the county into one of the empty mine cars—a dif- gaped bleakly from the hillsides. You jail but the company jail—or admin- ficult job, especially in the low seams. travel along and see these mine open- ister the company beating when the There were some mines and some ings in the Earth—large mine entry miners attempted to organize into a seams which enabled the miners to union. It was a complete rule, and it stand erect and work, but there were openings. Gaunt tipples, miners’ bath- was a ruthless rule in many instances. some seams that were so low, the min- houses, and other buildings stared Consequently, when the miners went ers had to work on their knees—they down upon the mining community on strike for their union, they did so could not stand erect—with millions of itself from the slopes of the mountains. not for simple wage increases always, tons of rock overhead, working in the Railroads sent their sidings in many but, in many instances, for their very darkness to bring out the coal. Espe- directions, and long lines of squat mine dignity and freedom. cially in low seams, as I say, it was a cars ran along the narrow gauge tracks For millions of centuries, the hills difficult job and, in many instances, and disappeared around the curves of and low mountains that cover so much the miners worked in water holes. the hills. of West Virginia slumbered in solitude. While loading the coal, the miner had When unionism invaded these peace- Mountain people were hard working, to remove the larger pieces of rock and ful valleys, it made itself familiar

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3871 often through bloody scenes. To the or the Slab Fork mining camp, the tor?’’ He said, ‘‘$15.’’ So my wife and I miner, his employment in the mines Tams mining camp, or the mining still refer to our older daughter, Mona, was his only way of making a living— camp at Helen, West Virginia. as our ‘‘$15 baby.’’ But that is the way he knew no other trade—and if a con- No one owned his own house. He it was in those days. siderable number of mines closed down, could not acquire title to the property. The miners used scrip largely in whole mining communities sat around No one owned a grocery store or a ga- making purchases at the company idle. Many times, I have looked into rage or a haberdashery. There was no store. The scrip was in the form of family cupboards of miners and they Main Street of small independent busi- small metal tokens rounded like coins, contained only a little food, perhaps nesses in the mining camps. There was stamped in various denominations. The for a single meager meal. I have seen no body of elected councilmen to pass companies accepted this scrip in lieu of the haunted look in the eyes of men on repairs for the roads or sanitation real money at the pool room, at the who did not know how they were going problems. There was no family physi- movie theater, and at the company to provide for the immediate wants of cian who built up a successful practice store. their children and wives. by competing with other physicians. Some mining towns were unsightly, Outside interests, as I have stated, The coal company owned all of the unhealthful, and poorly looked after. had bought up the land in large quan- houses and rented them to the miners. The surface privy was nearly every- tities, and many corporations sprang It owned the company store. It owned where in evidence and was a prevalent into existence, some of them with the the pool room. It owned the movie the- cause of soil pollution and its contents intention of mining the coal them- ater. It built the church. The company usually washed toward the bed of the selves, while others planned to lease employed the physician and collected a creek. There was not a sidewalk in their land to those who would do the small sum monthly from each miner to many of the mining communities. On mining. Some of the land was bought help pay the company doctor. The coal the other hand, some of the mining by railroad companies that wanted it company controlled life and activities communities were neat and attractive for the coal that it held, as well as for of the little community. It was respon- in appearance and well cared for. I can rights of way. They used the coal to sible for the sanitation and sewage dis- say that about the mining community propel the large steam engines that posal. The company’s ownership usu- in which I lived as a boy. Many coal pulled the long lines of coal cars over ally extended to the dirt roads that ran mining companies offered prizes for the the hills and down the valleys. Manu- alongside the railroad tracks or best gardens, and they tried in other facturing establishments in northern through the middle of the mining camp ways to keep the town pleasant in ap- and eastern cities acquired some of it along by the creek. pearance. It was a subservient exist- Semimonthly paydays occurred and for their own future supplies of coal, ence—a civilization within a civiliza- miners were given statements showing and public utility corporations did the tion. There was no escape from it. same thing. how much they owed the company and The first railroads into the State how much the company owed them. One might leave this mining commu- were the Chesapeake and Ohio, the Bal- Among the items charged against the nity, if he could get a job in another timore and Ohio, the Norfolk and West- miners in this account were the indebt- mining community, but he just moved ern and the Virginia. Miners came into edness incurred by the miners at the from one mining community to an- the West Virginia valleys from western company store, rent for their house, other mining community, and it was and central and southern Europe, as electricity for their house, heating, all the same—a civilization within a well as from the southern cotton fields meaning coal; the miners heated their civilization. There was no escape from of the United States. Operators would houses with coal, and they bought this it, and its paternalism touched the advertise for workers to take mining coal from the company for which they miners’ lives at every point. Any col- jobs, and they came even from Euro- worked. They got it at a cheaper price, lective voice among them was smoth- pean countries and in the cotton fields but they paid for their coal. And also ered. of the South. included in this account was a monthly The United Mine Workers of America Welsh coal diggers came from the checkoff for doctor services or use of came to southern West Virginia when I pits of Kidwelley; Englishmen came the hospitals. The hospitals usually was in my teens. By belonging to a from Lancashire, and these mingled were several miles away and located in labor union strong enough to negotiate with Scotsmen and Hungarians and the incorporated towns. There was a with the organized groups of coal oper- Czechoslovakians and Germans, Poles, charge for use of the company ators—and the coal operators were or- and Austrians. There were large num- washhouse in which to clean up after a ganized—the miners were able to insist bers of Italians. As many as 25 or 30 na- day’s work. The miner paid the same on better working conditions, and they tionalities can still be found in the city amount for doctor and hospital serv- were able to bring about higher wages of Weirton, in West Virginia’s northern ices whether there was an illness in his and shorter hours of work. They were panhandle. family or not. An additional sum would able to exert collective pressure for a The typical coal mining community be paid for such services as occurred greater degree of safety in the mines, was not a town in the ordinary sense. with childbirth. and thus to reduce the number of fa- The place where the town stood was I was employed by the coal mining talities, as well as the number of the point at which a coal seam had community company store at maimed and broken men. To miners been opened, buildings had been erect- Stotesbury. I first worked in a gas sta- who were pressed down by the per- ed, and machinery had been installed. tion pumping gas. We did not have vading dependence of their existence in The dwellings, or shacks, clustered service stations in those days. Those company towns, the opportunity af- about the tipple or straggled along the were gas stations. And then I was a forded by unions for joining with their bed of the creek, and there seemed to produce salesman for the coal com- fellow miners in some kind of collec- be always a creek in those coal mining pany, at the coal company store, and I tive effort was a welcome escape. communities. And these dwellings were was also a meat cutter. And when our From the cradle to the grave, the occupied solely by the men who worked first daughter was born, my wife and I miners lived by the grace of the absen- in the mines. Oh, there were some man- had two rooms in one of those coal tee coal owner, one of whose visible agement personnel—the store manager, company houses. The company doctor representatives was a deputy sheriff, company doctor, principal of the near- attended my wife on that occasion. The who was often in the pay of the coal by school. But other than that type of doctor and I sat in the kitchen beside a owner. Everything belonged to the coal personnel, the houses were occupied by wood-burning stove. My wife gave birth owners, and as I have already stated, miners. to our older daughter in the adjoining home ownership was not permitted. To These communities were really not room. My wife’s mother attended my quote David Corbin: called towns. They were more often wife. The lease of the Logan Mining Company called ‘‘camps’’—the mining camp The next morning, after the baby was reads that when the miner’s employment down the way, or the Glen White min- born, the doctor was leaving the house. ceases, ‘‘either for cause or without cause, ing camp, the Stotesbury mining camp, I said, ‘‘How much do I owe you, Doc- the right of said employee and his family to

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3872 CONGRESSIONAL RECORD — SENATE March 14, 1995 use and occupy premises shall simulta- in the afternoon, I was told to get my pay The marchers were going to fight for neously end and terminate.’’ and get out of my house before supper. their union. Almost every coal operation had its County Sheriffs and their Deputies On August 26, the miners arrived at a armed guard—in many instances two were often in the pay of the coal opera- 25-mile mountain ridge that surrounds or more guards. Mine guards were an tors, and the State government itself Logan and Mingo Counties. Here they institution all along the creeks in the was clearly in alliance with the em- met an equally strong, determined and nonunion sections of the State. As a ployers against the mine strikers. well entrenched army composed of dep- rule, they were supplied by the Bald- Scores of union men were jailed, and uty sheriffs of the two counties, State win-Felts Detective Agency of Roa- Sid Hatfield and Ed Chambers, two police, State militia, and Baldwin- noke, Virginia and Bluefield, West Vir- union sympathizers, were shot dead by Felts guards. I quote from Corbin’s ginia. I again quote from David Baldwin-Felts Detectives on the court- work once more: Corbin’s work. David Corbin is writing house steps at Welch, in McDowell about the mine guards, about the em- County, on August 1, 1921. At Blair The miners who participated in the events ployees of the Baldwin-Felts Detective Mountain, in Logan County—I have swore themselves to secrecy * * * the march- Agency: crossed that mountain many times—a er used sentries, patrols, codes, and pass- words to guard the secrets from spies and re- It is said the total number in the mining 3-day battle was fought. Quoting from porters. The secrecy was so tight that agents regions of West Virginia reaches well up to a piece by James M. Cain, which ap- for the Department of Justice and the Bu- 2500. Ordinarily they are recruited from the peared in the ‘‘Atlantic Monthly,’’ Oc- reau of Investigation, as well as reporters, country towns of Virginia and West Virginia . . . and frequently have been the ‘‘bad men’’ tober, 1922: though disguised as miners, were unable to of the towns from which they came. And The operators hired four airplanes and attend the most important meetings. these towns have produced some pretty hard bombed the miners. Both sides used machine About 4,000 miners constituted the original characters. The ruffian of the West Virginia guns; both sides had a number of men killed. army that gathered at Lens Creek, but more mining town would not take off his hat to Civil War had broken out afresh. It did not miners joined the march after it was under- the desperado of the wildest town of the stop until 2,000 federal troops were sent in on way. * * * Ten days after the miners had as- wildest west. September 3. This aroused the public again, sembled at Lens Creek, Governor Morgan re- These Baldwin guards who are engaged by but the thing was quickly forgotten, and ex- ported that the ‘‘number of insurrectionaries the mining companies to do their ‘‘rough cept for a Senatorial investigation, nothing are constantly growing.’’ Although an army work’’ take the place of the Pinkertons who was done. officer sent to the battle observed that it is formerly were used for such work by the coal Corbin wrote: ‘‘humanly impossible″ to say how many min- companies. Upon moving into a company town, a ers participated, an estimate of between No class of men on Earth were more miner had to live in a company house and 15,000 and 20,000 is probably safe. cordially hated by the miners than sign a housing contract— The marchers had their own doctors, were those mine guards. If a worker be- I had to do that. My wife’s father had nurses, and hospital facilities. They had san- came too inquisitive, if he showed too to do that. itary facilities. The marchers were fed three meals a day. The marchers bought every loaf much independence or complained too that the courts of West Virginia subse- much about his condition, Corbin of bread, 1,200 dozen, in Charleston and quently ruled created a condition not of transported the loaves to their campsites states, landlord and tenant, but of ‘‘Master and * * *. To guard against infiltrators and spies, . . . he is beaten up some night as he Servant.’’ the marchers used patrol systems and issued passes under a coal tipple, but the man who Consequently, the coal company was passes. Orders were given on papers that car- does the beating has no feeling against him allowed to unreasonably search and ried the union seal and had to be signed by personally; it is simply a matter of business seize a man’s house without any no- a union official. The marchers used pass- to him. tice. words and codes. To attend a meeting during In reference to the mine guards, If we rent a miner a home, it is incidental a march, a miner had to give the password Corbin writes, to his employment. And if a miner would un- and his local union number to the posted They are the Ishmaelites of the coal re- dertake to keep anyone at that home that sentries. Discovering the password, a re- gions for their hands are supposed to be was undesirable or against the interest of porter from the Washington Evening Star at- against every miner, and every miner’s hand the company, we will have him leave or have tempted to infiltrate a meeting by giving a is raised against them. They go about in con- the miner removed. fake local union number. As he approached stant peril—they are paid to face danger and the platform from which Keeney was about On August 7, 1921, 6 days after the to talk, two miners grabbed him from behind they face it all the time. But they are afraid, murder of Hatfield and Chambers on for they never know when they may get a and carried him toward the woods. A last charge of buckshot or a bullet from an old the steps of the McDowell County minute shout to Keeney, whom he had inter- Springfield army rifle that will make a hole courthouse, 5,000 coal miners met in viewed before the march, saved the reporter in a man’s body big enough for you to put Charleston, the State capital. Meetings * * *. Keeney instructed the miners merely your fist in. were held in Kanawha, Fayette, Ra- to escort the reporter out of the meeting On May 19, 1920, several Baldwin- leigh, and Boone Counties to protest grounds. Felts agents with guns came to Mingo martial law in Mingo County and the The miners were prepared to fight; they County to evict employees of the Stone Governor’s refusal to lift it. There oc- had to be, for they not only sustained a curred an uprising of the southern week-long fight, but they also defeated Sher- Mountain Coal Company, who had be- iff Chafin’s army of over 2,000 men, who were come union members. An altercation West Virginia miners against the coal equipped with machine guns and bombing arose between the Baldwin-Felts men establishment. Exploitation, oppres- planes. [Bill] Blizzard was probably the gen- and persons gathered around the little sion, and injustice had created a com- eralissimo of the march. Approximately 2,000 railroad station in Matewan—miners mon identity and solidarity among the army veterans were the field commanders, and citizens—the Mayor was shot to miners, and their geographic mobility and they instructed the other miners in mili- death, a battle ensued, seven Baldwin- had turned the hundreds of seemingly tary tactics. A former member of the Na- Felts men were shot dead, along with isolated company towns into a single tional Rifle Team of the U.S. Marine Corp and a former Captain in the Italian Army two union miners, and, as I have al- gigantic community. Thousands of miners descended upon gave shooting lessons. Several former offi- ready stated, the Mayor of Matewan. cers, including an ex-Major drilled the min- When the UMWA began organizing in a place called Lens Creek, about 10 ers. * * * After watching several ex-service- southern West Virginia, mine owners miles south of Charleston. Their an- men drill the miners * * *, a reporter walked would discharge men as rapidly as they nounced intentions were to march to another area and heard an ex-serviceman joined the union—a spy system fur- through Logan County, hang the coun- tell a squad of miners how to fight machine nished the information in many in- ty sheriff, blow up the county court- guns: ‘‘lie down, watch the bullets cut the stances—and the discharged men were house on the way, and then to move on trees, out flank’em, get the snipers. * * *’’ also dispossessed, without advance no- Mingo County, where they would over- The local at Blair, having been given prior throw martial law and liberate their instructions, had dug trenches in prepara- tice, from company-owned houses. As tion for the marchers. An advance patrol of one coal miner was quoted in Dave union brothers from the county jail. In 500 to 800 miners cut down the telephone and Corbin’s book, the process, they would abolish the telegraph lines and cleared a 65-mile area of I joined the union one morning in mine guard system and unionize the re- Baldwin-Felts guards. * * * The armed Williamson, and when I got back to the mine mainder of southern West Virginia. marchers were in complete control of the

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3873 area from South of Charleston to the moun- the Mark Twain School, where I was a 28 days later, on January 21. The ceme- tain range surrounding Logan and Mingo student, one could look out the window tery where many of the victims lie is Counties. * * * Company officials and their across a little valley to the mountain still visible. families fled the area. on the other side of the Virginian and Men who volunteer to enter a blast- Sentries were posted along the Blair Moun- tain ridge. Sharp shooters with telescopic ri- C&O Railroads and there on that torn mine are a breed of men who stand fles were stationed at strategic locations to mountain was the opening of the drift alone—men who dare to go where an ‘‘clean out Sheriff Chapin’s machine gun mine, owned by the McAlpin Coal Com- explosive element may regenerate and nests.’’ The battle raged for over a week. pany. blow again or to enter where the dead- Both armies took prisoners, * * * and both When the blast went off, no word of ly afterdamp or various gas combina- sides killed. * * * The federal government mouth was needed to tell the people tions may destroy them. They hope moved to end the struggle that President that something was wrong at the mine. that men alive may be huddled inside a Harding called a ‘‘Civil War’’. The U.S. War The running and shouting of the men barricaded room awaiting rescue, not Department sent Brigadier General Henry outside the mine was dreadful news to death. Miners never hedge, but prepare, Bandholtz to the battle front * * * and or- those in view. It happened about 2:30 in dered the miners to disburse. On August 30, and then go inside if heat and smoke do the President placed the entire state of West the afternoon on an overcast day, not drive them back. Virginia under marshal law and issued a weather being almost always adverse For many years, Mr. President, there proclamation instructing the miners to cease when a mine disaster happened. There was only charity—only charity—to as- fighting and to return home. were 60 men inside the mine who were sist families that were left destitute by By the morning of September 1, the miners unhurt, because the blast was confined the loss of the family provider. There had captured one-half of the 25-mile ridge to a small area. It was decided that a was no Social Security. There were no and were ready to descend upon Logan and miner had used a ‘‘dobie’’ shot which welfare programs. There was no work- Mingo Counties. The President had already blew him several feet down the entry. issued orders for 2500 federal troops, 14 bomb- ers’ compensation. Many years passed ing planes, gas and percussion bombs and The five other victims presumably died and many miners suffered before a sys- machine guns to be sent into the area. The from afterdamp or asphyxiation from tem of compensation and Social Secu- armed march and the Mingo County strike smoke and fumes. By 8:30 that evening, rity was set up. were doomed; Chafin, the Baldwin-Felts all bodies had been brought from the The most devastating mine explosion mine guard system, and the southern West mine. I can recall being at the foot of in West Virginia history occurred at Virginia coal establishment were saved. the hill leading to the mine that Monongah, West Virginia. Those are The depression came, Franklin D. evening, when miners’ wives boiled cof- the first eight letters in the name of Roosevelt was elected President, the fee over fires built at the foot of the the river, the Monongahela River. The UMWA organized miners in West Vir- hillside and served it to the rescue men town was named Monongah. ginia, and the long struggle was ended. and to other workmen and onlookers. I This devastating mine explosion took The coal miners had fought bloody bat- shall never forget the tearful faces of place on December 6, just a few days tles, and they had won. The evictions women who were wives or mothers or before Christmas, in 1907. Lacy A. Dil- stopped, the mine guards became a sisters of the men who were in the ex- lon, in his book ‘‘They Died in the thing of the past, and collective bar- plosion. Relatives at the scene asked to Darkness,’’ tells the awful story. gaining brought better living condi- see the bodies that were brought to the On Friday morning, December 6, 1907, the tions to the families of those who outside of the mine to get a glimpse or men and boys walked to the pits in a cold, worked for King Coal. The coming of to identify their kin. The weeping and drizzling rain. The barometer was low and the miner’s union also resulted, over a wailing of wives and mothers and chil- the humidity high. . . . When 361 men entered period time, in improved health and dren were a sight that never leaves the mine that December 6 morning, they safety conditions in and around the one’s memory. took 361 reasons for an explosion by carrying mines. The calamity at Newburg in 1886 was 361 open-flame lights. Many terrible mining tragedies oc- West Virginia’s initiation into the hor- My dad worked in the mines. He used curred during the early half of the 20th rors of mine explosions. The explosion a cloth cap and affixed to that cloth century, and it will be my purpose here killed 39 miners in the twinkle of an cap was a carbide lamp. He would send to afford only a brief glimpse of some eye on that cold afternoon on January me to the store to buy some carbide or of these. My purpose is not to condemn 21, 1886, in this small community just a flint for his carbide lamp. And the or to blame those in charge of the in- 12 miles east of Grafton in Taylor carbide lamp furnished the light for the dustry, nor the State government in- County. Not a soul is alive today who working place. It was an open flame. spectors who, at times, may have been remembers the Newburg mine disaster. And so, 361 men walked into that mine lax or coerced politically and who may However, the town of Newburg keeps on that morning with 361 carbide have looked the other way when dan- its history well. The people are aware lamps, open-flame lights. gerous situations prevailed, hoping that, once upon a time long ago, 39 Every time the motor arm arced on the that such conditions would go away. men and boys died horribly under- trolley wire, a chance for a blowup existed; But in some such cases, the mine blew ground. A cemetery on the hill holds as did countless other ways that today are up and many men died. the remains of nearly all of them. The prohibited by State and Federal laws. The town no longer has a mine. The spot method of forcing air into a mine, or sucking From January 21, 1886, when the ex- the air through a mine, as the case might be, plosion occurred in the mine at New- where the shaft was sunk is now a bar- was not so well tested in 1907. . . . The burg, West Virginia, to November 20, ren space. The old crumbling coke Monongah mine blew with a jar, an artillery- 1968, at least 43 major mine blasts in ovens are now buried in a jungle of un- like report, a flame, and earth-shake, and West Virginia took place. There were dergrowth and big trees. Newburg was billows of smoke. Concrete sidewalks buck- even more lesser ones, for example, the once an exciting town with its crack led and broke, the streets opened in fissures, explosion at McAlpin, West Virginia, a B&O passenger train with sleek pull- buildings shook, and some old weak ones col- mining community adjoining the mans, pulled by high-wheeler coal- lapsed. People rushed outside in horror and burning engines en route from Balti- amazement, knowing what had happened, Stotesbury community, where I lived since mining towns near ‘‘hot’’ mines are al- as a boy and as a young man; where I more to Cincinnati and points West. ways aware that the mines can explode. married, where our first daughter was All stopped at Newburg. There were Soon, panic broke loose with people rushing born, where I worked in the company grist mills, good hardware stores, and downhill toward the mines, . . . that such a store. The McAlpin explosion took numerous businesses. A bank stood on blast must have killed all men and boys in- place on Monday, October 22, 1928. the corner, and nearby was a drugstore. side, was felt by all. Those related to the I can remember it as though it were Of course, today, the railroad station is men inside, especially the women, became yesterday. no more. The bank is gone. And, as al- near crazed. One woman pulled her hair out It was a dust explosion, since the ways, there were interesting stories to by the handful; another woman disfigured her face with her fingernails, screaming fran- mine had never shown any methane gas be told. Two men who died in the blast tically in the meantime. The force of the ex- reading. One of my classmates at Mark were married together on Christmas plosion blew away the fan house, wrecked Twain School suffered the loss of a Eve, they lived under the same roof, the fan’s workings, destroyed the boiler brother in that explosion. Sitting at and they died together in the explosion house completely, . . . some of the buildings

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3874 CONGRESSIONAL RECORD — SENATE March 14, 1995 near the drift mouth were blown across the her death, her sons gave the coal to the earthly paradise: ‘‘In the sweat of thy Westfork River, landing in pieces on the far churches of Monongah. The coal pile had face shalt thou eat bread, til thou re- bank. In 1907, there were no organized and grown to an enormous size. turn unto the ground; for out of it wast equipped rescue squads as came into use Many of the widows were foreigners thou taken: for dust thou art, and unto later. Rescue and recovery of bodies de- and unaccustomed to American ways. dust shalt thou return.’’ pended on volunteers. . . . Women, children, After the catastrophe, several of them and other relatives grouped as near as pos- Mr. President, this short history of sible to the pit-mouths hoping for a miracle. were frustrated and wanted to return the introduction of collective bar- Some of the women had become stoically to their homelands. Money was given gaining in the coal mining towns of philosophical, showing much restraint, while and arrangements made for them to go. West Virginia is illustrative of many others gave vent to their grief. . . . Several widows were also in Europe struggles waged by other working peo- Mechanics worked frantically to restore when the mine blew. One boarding air into the mines . . . crews went inside ple throughout the United States. In house in Monongah kept only miners, those days about which I have spoken, hanging brattices . . . the men began finding and all of them reported for work on the dead ponies and mules following the ex- unions and strikes were instrumental plosion, the coal company employed a troop that fateful morning. None of them in winning minimum safety, health, of doctors from Fairmont to report to came to supper that evening, leaving 17 and wage levels for workers. Manage- Monongah. They stood around bonfires all empty chairs at the dining table. Their ment fought against the unions, and night waiting to administer to survivors. bodies lay somewhere under the moun- against any improvements in working None ever came. They remained through tain sprawled in total darkness, burned Saturday, and by that time, it was known conditions or benefits that cost them and mangled. The final count showed money and ate into their profits. that the only big need for professionals was that 171 Italians, 52 Hungarians, 15 undertakers. Coffins by the carload were or- Today, however, unions are fighting Austrians, 31 Russians, and 5 Turkish dered from Pittsburgh, Pennsylvania and a rearguard action. They are fighting Zanesville, Ohio. They were nothing more subjects were killed. The last major mine explosion in to protect wages, safety and health than plain rectangular wooden boxes with no benefits and pensions from cuts that inside lining. Additional men were employed West Virginia occurred at Farmington, owners and managers claim are nec- to tack cloth inside them to keep the body in Marion County, on November 20, from the bare walls. By Tuesday night, 149 1968, and perhaps some of my col- essary in order to be competitive. bodies had been recovered. The full crew of leagues will remember having read Unions have been willing to make con- men were digging graves on the hillsides in about that catastrophe. The mine was cessions, many concessions, in order to Monongah. The town was overrun with curi- keep the companies their members ous spectators. When evening began to fall, owned and operated by the Consolida- tion Coal Company. After several days work for competitive and profitable. everyone tried to leave at the same time and American productivity has been in- on the same street car. As soon as possible had passed, and repeated efforts had creasing. Today in West Virginia, we after the explosion, an appeal was sent out, been made to reenter the mines and re- first, to the people of West Virginia, and move the bodies, the mine officials have roughly 20,000 coal miners. They then to the nation, to come to the assistance made their final decision. They con- produce the same amount of coal that of Monongah. Money, lots of it, was needed cluded that the 78 men who remained was produced by 125,000 coal miners at once (in those days, as I stated, there was in the mine were dead, and that the when I first came to the Congress 42 no compensation, no Social Security), as years ago. But the unions owe it to well as clothing, food, medicine. It was win- mine must be sealed. The officials sent word to the relatives of the entombed their members to protect them from ter, and snow fell two days after the blast. deep cuts in wages and benefits, from The Fairmont Coal Company gave $17,500 men and other concerned citizens to while Andrew Carnegie of Pittsburgh sent meet at the little Methodist Church. cuts that push workers and their fami- $2,500. Other organizations and individuals The people assembled in the evening, a lies to the poverty level. Unions also all over the nation began to respond. somber time and in dreary weather. owe it to their members to protect the Over 250 women became widows, and 1,000 pensions that will allow union workers children became fatherless. A survey indi- The lights inside dispelling the outside gloom, and the fact that all assembled to maintain a reasonable standard of cated that 64 widows were pregnant. The living into their old age. company cancelled all debts for the widows were in the House of God, relieved and other dependents at the company store. some of the despair of man’s inevitable This is important work. Many na- Credit was then allowed for all of them. fate. tions do not have unions, or they ac- Those who lived in the company houses were The company official announced the tively discourage workers from bar- notified that no house rent would be col- decision to the weeping and praying gaining collectively. In the overview of lected so long as they remained single. By people who felt that this announce- the ‘‘1994 Report to Congress on Human noon Monday, December 12, there had been ment was coming. The official was Rights Practices,’’ released in Feb- recovered 297 bodies. The temporary morgue ruary, 1995, the Department of State was working overtime. As soon as a body humble and brotherly and his state- could be prepared it was taken to the home ments showed much compassion for the notes that of the victim to await funeral services, for bereaved. The 78 humans, created in [t]he universal right most pertinent to the burial quickly was necessary. Extra min- God’s own image, lay inert and today workplace is freedom of association, which is isters of different faiths came in to assist. On they lie in the totally dark caverns of the foundation on which workers can form December 19, just 6 days before Christmas, the Consol Mine to await the day when and organize trade unions, bargain collec- superintendent W.C. Watson announced that mankind will kindly bring their bodies tively, press grievances, and protect them- 338 bodies had been brought from the mine. selves from unsafe working conditions. Just The blast mangled and burnt some of them or their skeletons to daylight. as they did, Mr. President, in the mining beyond recognition and some were never Mr. President, these are but a few of communities of West Virginia when I was a identified. the many tragic stories of sorrow and boy and when my dad was a coal miner, when Human interest stories, as I said a moment death that have occurred in the history my wife’s father was a coal miner, when my ago, always occur in times of tragedy, one of coal mining in West Virginia. It was brother-in-law’s father was a coal miner and pitiful case was when the corpse was brought not until the union came to West Vir- was killed in a slate fall, when my brother- home, seven days after the explosion, the ginia, that enlightened state and fed- in-law was a coal miner, my brother-in-law widow gave birth to a child two hours later. eral governments acted to legislate who later died of pneumoconiosis, black Then there was a Mrs. Davies, who lived on lung. the west side of Monongah, lost her husband health and safety laws to protect the in the explosion and his body was never lives of the men who bring out the The report goes on to say, found. She went down the hill each day the coal. It has been a long history—a long In many countries, workers have far to go mines ran after the explosion and got a bur- history—of struggle and deprivation, of in realizing their rights. Restrictions on lap sack of coal from the mine cars, carried poverty and want, of harassment, in- workers range from outright state control of her burden home up the mountainside and timidation, and murder, and it has all forms of worker organization to webs of deposited it near her house. She never been a story of courage and determina- legislation whose complexity is meant to burned a lump of it or allowed anyone else to tion. The coal miner is a breed almost overwhelm and disarm workers . . . Trade do so. When asked why she piled this unused unions are banned outright in a number of coal daily, she stated that she had hopes of to himself. He lives dangerously, and countries, including several in the Middle retrieving some of her lost husband’s body. he has borne humbly the edict, pro- East, and in many more, there is little pro- She was a young woman when the tragedy nounced by the Lord when Adam and tection of worker efforts to organize and bar- happened, and she lived to be an old lady. At Eve were driven from the Garden of gain collectively. Some protesting workers

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3875 have paid with their lives; others, most nota- The amendment before us, opponents Mr. KEMPTHORNE. Mr. President, I bly in China and Indonesia, have gone to jail will say, affects only the President’s ask for the yeas and nays on the vote simply for trying to inform fellow workers of Executive order, which only affects on the conference report on S. 1. their rights. We also see inadequate enforce- ment of labor legislation, especially with re- Federal contracts in excess of $100,000. The PRESIDING OFFICER. Is there a gard to health and safety in the workplace. That is true, but the message that the sufficient second? passage of this amendment sends, af- These, then, Mr. President, are the There is a sufficient second. fects far more than the Executive countries that U.S. businesses are try- The yeas and nays were ordered. ing to compete with. These are the order. It speaks as a matter of prin- Mr. KEMPTHORNE. It is my under- kind of working conditions that Amer- ciple to the entire spectrum of labor re- ican workers, through their unions, lations and undermines the basic right standing that vote will occur tomor- have fought so hard against. of workers to organize, to bargain col- row, immediately following the 10:30 If American workers lose their abil- lectively, and to strike if necessity de- cloture vote. ity to strike—and I do not condone all mands it. The PRESIDING OFFICER. The Sen- strikes or all strikers; I have never Mr. President, I have seen what life ator is correct. condoned lawlessness in the course of a in the United States can be like with- Mr. KEMPTHORNE. Mr. President, strike—never—but most of the strikes out that right, as I have recalled today, we have certainly come a long way have been lawful strikes. Lawful—that and I cannot support what this amend- since May 1993 when we first began this is what we are talking about here ment would do. I urge the defeat of the effort. Now, 22 months later—with Gov- today, in connection with this amend- cloture motion and this amendment. ernors, mayors, county commissioners, ment and in connection with the Presi- I yield the floor. I suggest the ab- tribal leaders, school board members, dent’s order. And I say parenthetically sence of a quorum. and business leaders throughout the that I am not enthusiastic about Exec- The PRESIDING OFFICER (Mr. country looking on—Congress is about utive Orders. It is my information that ABRAHAM). The absence of a quorum to end the debate on mandate relief, there have been over 14,000 Presidential having been noted, the clerk will call and begin a new partnership with Executive orders going back over the the roll. States, cities, counties, tribes, schools, many decades, and I am doing a little The assistant legislative clerk pro- and the private sector by voting on research on that. I hope one day I will ceeded to call the roll. final passage of the conference report have a little more information than I Mr. KEMPTHORNE. Mr. President, I on S. 1 the Unfunded Mandates Reform now have in that regard. ask unanimous consent that the order Act of 1995. But I have to oppose this amend- for the quorum call be rescinded. This bill has been described as land- ment. How can anyone do otherwise The PRESIDING OFFICER (Mr. mark legislation, as far-reaching and coming from my background—my THOMPSON). Without objection, it is so visionary. It is all of those. Ever since background—with flesh and blood ties ordered. with the men who bring out the coal? 1791 when the 10th amendment was f If American workers lose their abil- first ratified the Federal Government ity to strike and play their trump card UNFUNDED MANDATE REFORM has slowly eroded the power of the against owners and management, many ACT OF 1995—CONFERENCE RE- States. Today, with passage of S. 1, we will not accede to reasonable concerns PORT begin to reverse that role. S. 1 is found- ed on the premise of responsibility and about reductions and working condi- Mr. KEMPTHORNE. Mr. President, I tions, hours, wages or benefits, and accountability. This will change the submit a report of the committee of mind set of Washington, DC, from this American workers could return to the conference on the Unfunded Mandate days of the coal miners before collec- point forward. Reform Act of 1995 and ask for its im- tive bargaining. First, it requires the Federal Govern- mediate consideration. The miner’s only capital, the miner’s ment to know and pay for the costs of The PRESIDING OFFICER. The re- only capital are his hands, his back, his mandates before imposing them on port will be stated. feet, and his salty sweat. State, local, and tribal government. The assistant legislative clerk read Furthermore in Canada, Japan, as follows: Second, the Federal Government France, Germany, and other countries should know the costs and impacts of The committee on conference on the dis- of Europe, the rights of employees to mandates before imposing them on the strike are protected, and the use of per- agreeing votes of the two Houses on the amendment of the House to the bill (S. 1) to private sector. manent replacement workers is not curb the practice of imposing unfunded Fed- S. 1 thoroughly reforms the process permitted. These restrictions apply to eral mandates on States and local govern- by which Congress and Federal agen- the use of permanent replacement ments; to strengthen the partnership be- cies impose new mandates on the pub- workers during all legal strikes, not tween the Federal Government and State, lic and private sector. Congress must just workers involved with government local and tribal governments; to end the im- identify the costs of new mandates im- contracts. position, in the absence of full consideration posed on State and local governments If the Senate upholds the amendment by Congress, of Federal mandates on State, and the private sector. Congress must now before us, I think it sends a ter- local, and tribal governments without ade- rible signal. If this amendment is quate funding, in a manner that may dis- pay the costs of the new mandates on place other essential governmental prior- passed, management is given a green State and local governments by either ities; and to ensure that the Federal Govern- providing spending, increasing receipts light to simply replace workers who do ment pays the costs incurred by those gov- not accept whatever management de- or through appropriations. If a man- ernments in complying with certain require- date is to be paid for with a future ap- crees. It sends a red light to workers ments under Federal statutes and regula- and unions to stop striking, no matter tions; and for other purposes, having met, propriation, the appropriation must be how unreasonable the cuts or condi- after full and free conference, have agreed to provided for the mandate to take ef- tions, and no matter how obdurate the recommend and do recommend to their re- fect. If subsequent appropriations are management negotiators. Not all man- spective Houses this report, signed by all of insufficient to pay for the mandates, agement is cold and heartless, not all the conferees. the mandates will cease to be effective by any means. But we do not want to The PRESIDING OFFICER. Without unless Congress provides otherwise by go backward in time, and the coal min- objection, the Senate will proceed to law within 90 days of the beginning of ers do not rush to return from whence the consideration of the conference re- the fiscal year. they came. If you strike, no one will port. This process is enforced by a point of support you, and management will just (The conference report is printed in order. Legislation that does not meet hire new workers, desperate for any the House proceedings of the RECORD of these requirements can be ruled out of job, no matter if it is unsafe, or for March 13, 1995.) order, blocking further consideration wages and benefits more suitable to a The PRESIDING OFFICER. There in the House and Senate. Debate con- Third World country than to the will be 3 hours debate equally divided tinues only if a majority of the House United States. on the conference report. and Senate votes to do so. A rollcall

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3876 CONGRESSIONAL RECORD — SENATE March 14, 1995 vote will decide whether the Senate conference report. I want to review the am I a proponent of putting lawyers to and House should consider unfunded major issues that the conferees had to work challenging rules for the sake of mandate legislation. S. 1 applies to all resolve. delay or wasting the taxpayers money legislation—committee bills, House First, there is the issue of judicial re- in time consuming Federal rules that and Senate floor amendments, motions view. As Senators know S. 1 said that languish in the courts. and conference reports—containing nothing in this bill was judicially re- Therefore, in conference we were mandates. viewable. The House bill provided that faced with a couple of very difficult Required cost estimates of legislated virtually everything contained in its problems. We had a Senate bill which mandates will be done by the non- unfunded mandates bill would be re- passed with a 90-percent majority with- partisan Congressional Budget Office. viewed by courts. out judicial review and we had a House To understand the significance of CBO will consult with State and local bill which had passed with an almost these two approaches, remember that officials in preparing estimates. identical percentage of approval which in S. 1 we required that federal agen- Existing State and local government had virtually unfettered judicial re- cies do cost/benefits analyses of man- mandates will be reviewed by the Advi- view. The main reason that the House dates imposed on State, local and trib- sory Commission on Intergovernmental wanted judicial review was the belief al Governments. In S. 1 we added a cost Relations. This Commission, comprised that Federal agencies were ignoring benefits analysis for the private sector. of State, local and Federal officials, the requirements of Congress. One of This requirement began as a codifica- will report to the President and Con- the statutes they cited in support of tion of the Reagan Executive order on gress on existing mandates that should their assertion was the Regulatory federalism and was designed to provide be modified or repealed. The Commis- Flexibility Act. That act is not judi- general direction to agencies and foster sion’s final report is due in 12 months. cially reviewable and there is general In developing legislation and Federal greater sensitivity on the issue of man- belief that the agencies have a poor rules affecting State and local govern- dates. The Executive order did not pro- record of compliance. The House there- ments, Congress and Federal agencies vide for review of agency compliance fore wanted to make sure that the ex- are to consult with State and local with the Executive order’s require- ecutive branch would observe the re- government officials in the drafting of ments and it also allowed agencies to quirements of Congress—not an unrea- legislation. seek waivers of the requirements im- sonable request. S. 1 does not apply to certain man- posed by the Executive order for cause. dates, including those that enforce con- I supported the lack of judicial re- As a result of the inherent conflict stitutional rights of individuals, pro- view in S. 1 for good reason. First, my between the parties on this issue, I sug- hibit discriminations on the basis of State of Idaho has been devastated by gested that we develop a checklist ap- race, age, religion, national origin, the ability of private individuals and proach to a limited judicial review. handicapped or disability status, are philosophically motivated groups to The theory would be that we should necessary to protect national security slow down or stop legitimate and nec- provide a method which would ensure or provide for emergencies. essary natural resource industries in that agencies would provide the anal- S. 1 applies to legislation being con- my State through the use of judicial ysis without allowing courts to impose sidered in Congress that imposes man- review of agency decisionmaking. Tim- their judgement on the subjective qual- dates of greater than $50 million on ber and salvage sales for one have been ity of the agency’s compliance. It is State and local governments and $100 delayed to the point that the forests of important to note that the analyses re- million on the private sector. S. 1 ap- Idaho have been turned into a tinder quired by S. 1 act as additional require- plies to regulations being considered by box for yearly summer forest fires. ments on statutes creating mandates. Federal agencies that are greater than Second, I supported the concept of no We call the statute actually creating $100 million. S. 1 will apply to legisla- judicial review in the original S. 1 be- the mandate the underlying statute. tion considered in Congress either 90 cause I did not think that the require- We wanted to ensure that the cost/ben- days after additional appropriations ments of title I of this bill, with their efits requirements of S. 1 would not su- are provided to CBO to do required cost emphasis on legislative operation persede cost/benefit analyses in either estimates or January 1, 1996, whichever should allow judicial review. I saw a an existing law or require a cost ben- comes first. possibility of unconstitutional inter- efit analysis where one was specifically S. 1 got better and smarter during ference if we were to invite the judicial prohibited in an underlying statute. the legislative process. S. 1 was better branch into the workings of Congress. The conference committee reviewed than last year’s bill; after floor consid- The House bill, H.R. 5, differed from what title II directed agencies to do to eration, S. 1 was better than when it S. 1 in a most significant way. The make sure that agencies could meet was first introduced. The record will House did not include in its bill a pro- the requirements. We cannot complain show that a number of Senators made hibition of judicial review. In fact in- of an agency’s failure of compliance important contributions to this bill. stead of addressing it, the House bill with the requirements of Congress if My approach to amendments was sim- simply avoided the issue entirely. As a we are irresponsible in what we ask ple. If they improved the bill, if they result, under H.R. 5, all agency them to do and if we are vague in our clarified the bill, if they made the bill rulemakings would be subject to the instructions. Therefore we had to re- smarter, I wanted to get those amend- Administrative Procedures Act in title draft the requirements of title II in S. ments in this bill. There were 9 5 of the United States Code. Under the 1 to make sure that those requirements strengthening amendments to S. 1 that House bill, virtually everything could were tighter, more efficient and ad- were agreed to and we tabled 18 weak- be reviewed and interpreted by the dressed the problem we sought to re- ening amendments. Two examples of courts. Courts could have the power to solve. amendments that strengthen S. 1 were say whether a cost estimate was cor- Let me take a second to talk about Senator BYRD’S amendment that im- rectly prepared, whether agencies had proved and perfected the point of order consulted enough economists, or had the changes to title II of S. 1 as it comes out of conference. Recognize and Senator MCCAIN’S amendment that consulted the right experts. Further, applied the point of order to appropria- courts could have stopped any and all that most of the changes to title II are tions. rules from being issued pending the as a result of our need to tighten up I felt we took a solid bill in S. 1 to completion of this analysis. the requirements if we are going to the conference committee, and as I am no fan of agency rulemakings. I have judicial review. chairman of the conference, I worked support agency rulemaking morato- S. 1 as passed by the Senate provided to protect the Senate position. Vir- riums. We have had enough rules and that agencies would assess the effect of tually every amendment adopted by the people of America want and need a mandates on State, local government the Senate is in this report. rest from the heavyhanded Federal bu- and the private sector and seek to min- As Senators know, it took several reaucrats who make their livelihoods imize the burdens. However, if you are weeks of negotiations between the from dictating Federal policy to the going to allow judicial review, mini- House and Senate to write this final people who pick up the tab. But neither mizing the burden is so unspecific and

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3877 so subjective that virtually every rule- to ensure that Federal rules were not But this is not the federalism that making would be challenged on that delayed by endless litigation, S. 1 pro- our Founding Fathers intended. Stan- basis alone. vides that failure by the agency to pro- ley Aranoff, who is the senate presi- S. 1, as passed by the Senate, pro- vide the analyses, statement, descrip- dent in Ohio, stated, vided that agencies would develop a tion or written plan could not be used The Constitution, and specifically the 10th plan to allow elected State, local and to stay, enjoin, invalidate or otherwise Amendment, guarantees that certain func- tribal officials to have input into agen- affect the rule. tions will be performed by certain levels of cy rulemakings, but there was some We also wanted to make sure that government, thus ensuring direct account- fear that the Federal Advisory Com- the underlying analysis needed to sub- ability of the elected official to the voters. mittee Act could be used to prevent stantiate a rule under the require- Our Constitution guarantees a federal, state, and local partnership. Unfunded mandates local officials from meeting with Fed- ments of S. 1 couldn’t be used to invali- undermines, blurs, and corrupts that funda- eral officials. Judicial review of this date the rule under some other rule- mental understanding upon which our gov- issue would be a haven for lawyers. As making requirement in the underlying ernmental framework is based. a result of some of these problems and statute which imposed a mandate. But, One of the big steps forward, I be- others, we knew that some redrafting if the analysis which was used to meet lieve, in helping to reaffirm the 10th of title II would be in order and would S. 1 requirements was provided pursu- amendment rights is the effort to stop be necessary. ant to the underlying statute which these unfunded Federal mandates Title II as it comes out of conference imposed a mandate, then a court in re- which are simply hidden Federal taxes. is more objective, more achievable and view could invalidate the rulemaking We should not be paying for national more effective than in either the House based on that underlying statute. programs with local property taxes. or Senate passed bills. Finally, S. 1 provides a limitation of This legislation forces Congress and Title II provides that for every rule- 180 days on the time under which an ac- agencies to know the mandate costs it making each agency should assess the tion could be filed unless the under- imposes on the public and private sec- effects of regulatory action on States, lying statute provided a different pe- tor. It requires Congress to pay for local governments and the private sec- riod. The judicial review provisions mandates imposed on State and local tor. For significant rulemakings, which apply to proposed regulations issued governments, and go on record with a are judicially reviewable, an agency after October 1, 1995. vote when it does not. shall provide; a written statement of No other provision of S. 1 is judi- S. 1 reflects a philosophy of limited the authority under which the agency cially reviewable. Title I deals with the government, that the best government is proceeding; a qualitative and quan- requirements of Congress, and judicial is the government that governs least titative assessment of the cost and review is not appropriate for the inter- and to let local issues be decided by benefits of the rule; estimates, to the nal actions of Congress. Title III deals local officials and their citizens. extent its feasible to determine it, of with ACIR’s review of existing man- Those local officials set their prior- the future compliance costs of the dates and judicial review is not at ities based on their finite resources. mandate and any disproportionate ef- issue. The remainder of title II deals But for years, Congress has not had to fect on particular regions of the coun- with either general requirements that worry about that. We come to the try or sectors of the economy; a macro do not lend themselves to judicial re- floor, and stand up and argue right- economic analysis of the effect of the view or with analyses which are essen- eously and with great passion about rule on the national economy; and, a tially subjective—like the least bur- the problems that are facing the description of the agency’s contacts densome option requirement added to United States, knowing full well that with State, local and tribal govern- the conference report on S. 1. until now, we have not been held ac- ments. In all, I think we have developed a countable. Congress has not had to pay New in title II is a provision which system which addressed the concerns for it. Those mandates have not been clarifies that the Federal Advisory in the House compelling agencies to part of the Federal budget process, and Committee Act does not apply to meet- comply with the requirements of Con- the local governments end up paying ings between Federal officials and gress while being responsible to the for it, because it is mandated by Con- elected officers of State, local and trib- agencies we have asked to perform. gress. al governments where those officials Last December I spoke at the annual The Federal Government has, in es- want to make their views, and the meeting of the Council of State Gov- sence, made local and State elected views of their constituents known. ernments. On the stage, next to the po- leaders nothing more than Federal tax Local officials should not be shut out dium, was the flag of the United States collectors. Those officials have been of the process. We want to know their of America. And behind us, as a back- very vocal about how they resent that, views and get their advice. drop, were the flags of each of the 50 and they have every right to resent it. We also added a provision previously States. I told the folks who were gath- Ben Nelson, the Democratic Gov- in the House bill which requires that ered there, ‘‘That flag of the United ernor of Nebraska, pretty well sums up agencies identify and consider the least States of America represents the great- the frustration of the States when he costly, most cost-effective or least bur- est nation in the world! But let us not says: ‘‘I was elected Governor, not the densome alternative to achieve the ob- lose sight of the fact that its greatness Administrator of Federal programs for jective of the rule containing a federal is comprised of the 50 sovereign states Nebraska.’’ mandate. We require the OMB director that make up the United States. We Now, people say, ‘‘How much do these to report specifically on this least bur- are the United States of America, we Federal mandates cost?’’ Nobody densome regulation requirement in 1 are not the Federal Government of knows. Congress does not know, be- year and we require an annual state- America!’’ cause we have never, ever asked that ment from the OMB director on agency For the past two decades, the Federal question before voting on them. compliance with title II. Government has dominated our States And so we must be intellectually The judicial review provision in the and cities. Congress and the executive honest. If it is a Federal program, pay conference report of S. 1, provides lim- branch have not been partners with for it with Federal money, if it is ited scope of review under the APA if States and cities. The Federal Govern- State, pay for it with State money, and an agency unlawfully withholds or un- ment has been the overseer and the if it is local, pay for it at the local reasonably delays compliance with the mandate maker, telling States and cit- level. requirements of S. 1. A court would ies what to do, when, where, and how, Mr. President, this moment would look to see if the agency had prepared but never paying for it. not be possible without my partners in the written statement required by sec- Congress passed legislation without State and local government, and the tion 202 and 203. If the analyses, state- ever knowing the costs or consequences private sector. I close my remarks by ment, description or written plan were of their actions on State and local gov- reminding Senators that S. 1 is strong- not completed the court could compel ernments. The mandates made Con- ly endorsed by the: U.S. Conference of the agency to complete the require- gress feel good, and, for a while, even Mayors, National Association of Coun- ments of section 202 and 203. However, look good back home. ties, National Governors Association,

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3878 CONGRESSIONAL RECORD — SENATE March 14, 1995 National Conference of State Legisla- DELL, and GREGG for being the original has announced his support for this leg- tures, National Association of School cosponsors of the first bill I introduced islation. Boards, National League of Cities, the in Congress, and to Senators HATCH This has been a long process. To U.S. Chamber of Commerce, National and BROWN for their help. those not directly involved in all the Association of Homebuilders, National And I must give a great amount of committee work and I do not know Association of Realtors, NFIB, and the credit and thanks to our House col- how many hundreds of meetings and so Small Business Legislative Exchange leagues. on involved with all of this, without Council. Speaker GINGRICH also made this a having been involved directly with I want to thank the citizens of Idaho high priority, and he so stated repeat- some of that, I think it is difficult to for the opportunity they have given me edly. Chairman BILL CLINGER of the appreciate what has happened with re- in serving in the Senate. I hope they Government Reform and Oversight gard to this legislation. will take a small measure of pride that Committee and Congressman ROB It is landmark legislation. I think we the effort to reform unfunded mandates PORTMAN were terrific teammates and have come up with a very excellent was born in Idaho. diligent partners on this legislation. product here, one that literally does There are many people who made sig- We have had other strong partners in change the relationship between the nificant contributions to this process Congressmen GARY CONDIT, DAVID Federal, State and local governments that I would like to thank. I want to DREIER, and TOM DAVIS. for the first time in probably 55 or 60 especially thank our majority leader, I have often mentioned that mandate years. Senator BOB DOLE. His support and relief legislation was my top priority This is legislation that passed the commitment to mandate relief was when I came to Congress. I want to ac- Senate back in January by a vote of 86 critical to our success. His designation knowledge those members of my per- to 10, and my hope is that we will be of our mandate legislation as S. 1 in- sonal staff that worked so long and able to pass this bill through the House sured that we would have the highest hard in helping me accomplish this im- and Senate tomorrow morning and get priority for the 104th Congress. I also portant personal goal. My lead person it to the President shortly. want to acknowledge the dedication in conference and the principal author Before I go into a description of the and hard work for my Senate col- of the final bill, my legislative director conference report, I would like to pro- leagues on the conference committee. W.H. ‘‘Buzz’’ Fawcett, who was my city vide just a little bit of background to First, of course, is my long time part- attorney when I was mayor of Boise, the whole unfunded Federal mandates ner on mandate relief Senator JOHN Gary L. Smith, my deputy legislative debate. GLENN. As we began this crusade we re- director who also came with me from On October 27, 1993, State and local peatedly stressed that relief from Fed- Boise where he was a city council elected officials from all over the Na- eral mandates was not a Republican member and my administrative assist- tion came to Washington and declared issue or a Democratic issue. We knew ant, and my current administrative as- that day to be ‘‘National Unfunded that if we were to be successful we had sistant in the Senate, Brian Waidmann Mandates Day.’’ These officials con- to keep the debate nonpartisan and fo- who brought his invaluable experience veyed a very powerful message to Con- cused on the merits of the issue. With- and expertise on congressional process gress and the Clinton administration out JOHN GLENN that would not have to our team. on the need for Federal mandate re- been possible and we would not be here But most of all I would like to share form and relief. They raised four major today voting on final passage of man- this victory with my family: my wife objections to unfunded Federal man- date relief legislation. I believe our Patricia, my daughter Heather, and dates. friendship and partnership have deep- son Jeff. Perhaps only other Members First, unfunded Federal mandates ened during this process. of Congress can fully appreciate the impose unreasonable fiscal burdens on I note that last session, when the sacrifices our families make on our be- their budgets. Democratic Party was the majority half. I have a very special family that Second, they limit State and local party and Senator GLENN was the I appreciate very much. government flexibility to address more chairman of the Governmental Affairs I want to conclude by reading to you pressing local problems like crime and Committee, this was not necessarily a a quote from a Founding Father, education. popular issue to take up. But he sched- James Madison. Here is what he said: Third, Federal mandates too often uled the hearings, he held the hearings, Ambitious encroachments of the federal come in a one-size-fits-all box that sti- and he forged a partnership with me so government on the authority of the state fles the development of what might be we could come forward. It has allowed governments, would not excite the opposi- more innovative local efforts—efforts us to be where we are today. Ohio is tion of a single state, or of a few states only. that ultimately may be more effective They would be signals of general alarm. in solving the problem the Federal rightfully proud of Senator GLENN. Every government would espouse the com- Two key members of our conference mon cause. A correspondence would be mandate is meant to address. team were the Republican chairmen of opened, plans of resistance would be con- And, fourth, they allow Congress to the two committees of jurisdiction, certed, one spirit would animate and conduct get credit for passing some worthy Senator ROTH of Governmental Affairs the whole. mandate or program, while leaving and Senator DOMENICI of the Budget James Madison, the great visionary, State and local governments with the Committee. These two experienced and predicted that this sort of thing would difficult task of cutting services or knowledgeable leaders gave me valu- happen by the Federal Government. raising taxes in order to pay for it. And able advice and constant support But he also said that someone will that fourth item was probably the throughout the conference process and band together and stop it. And that is most important of all. were instrumental in moving us toward what S. 1 is all about. In hearings held by the Committee the successful conclusion we have be- Mr. President, I yield the floor and on Governmental Affairs in both this fore us today. reserve the remainder of my time. and the last Congress, we heard testi- Also my friend Senator JIM EXON, the Mr. GLENN addressed the Chair. mony from elected State and local offi- ranking member of the Budget Com- The PRESIDING OFFICER. The Sen- cials from both parties representing all mittee who offered valuable insight ator from Ohio. sizes of government—State, local, during the committee process. Senator Mr. GLENN. Mr. President, this is a county, townships, all levels and all EXON has been a long-time supporter of day that has been long in coming. We sizes of government. It was clear from relief from mandates and cosponsored have worked for the better part of 2 the testimony that unfunded mandates my original bill in the last session of years to get this legislation to the hit small counties and townships just Congress. point where it is now, out of conference as hard as they do big cities and larger Many other Senators—Democrats and here to get its final stamp of ap- States. and Republicans—on both sides of the proval by the U.S. Senate. And with I think it is worth stepping back and aisle have made enormous contribu- the same action taking place over in taking a look at the evolution of the tions to this legislation. I want to the House, that means this legislation Federal-State-local relationship over thank Senators CRAIG, BURNS, COVER- will finally go to the President, who the last decade and a half, so we can

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3879 put this debate into some historical environmental statutes does indicate Otherwise I, along with many of my context. I believe the seeds from which that these costs appear to be rising. A colleagues in the Senate, would not sprang the mandate reform movement 1990 EPA study, titled ‘‘Environmental have voted to enact them in the first can literally be traced clear back to Investments: The Cost of a Clean Envi- place. State and local officials readily the so-called policy of new federalism, ronment,’’ estimates that total annual concede that individual mandates on a a policy which resulted in a gradual costs of environmental mandates from case-by-case basis may indeed be wor- but steady shift in governing respon- all levels of Government to State and thy, but when looking at all mandates sibilities from the Federal Government local governments will rise from $22.2 spanning across the entire mammoth to State and local government over the billion in 1987 to $37.1 billion by the of Federal laws and regulations, we last 10 to 15 years. During that time pe- year 2000—an increase in real terms of begin to understand that it is the ag- riod, Federal aid to State and local 67 percent. gregate impact of all Federal mandates governments was severely cut or even EPA estimates that the cost of envi- that has spurred the calls for mandate eliminated in a number of key domes- ronmental mandates to State govern- reform and relief. tic program areas. At the same time, ments will rise from $3 billion in 1987 to $4.5 billion by the year 2000, a 48-per- The Advisory Commission on Inter- enactment and subsequent implemen- governmental Relations testified in our tation of various Federal statutes cent increase. Over the same time- frame, the annual costs of environ- April hearings that the number of passed on new costs to State and local major Federal statutes with explicit governments. In simple terms, State mental mandates to local governments is estimated to increase from $19.2 bil- mandates on State and local govern- and local governments ended up receiv- ments went from zero during the period ing less of the Federal carrot and more lion to $32.6 billion. That is a 70-per- cent gain. of 1941 to 1964. In other words, we did of the Federal stick. not pass along the bill during that pe- The actual cost of Federal mandates. According to the Vice President’s Na- Let us examine the cost issue first. tional Performance Review, the total riod from 1941 to 1964. While there has been substantial de- annual cost of environmental mandates But then it went to the Federal man- bate on the actual costs of Federal to State and local governments, when dates during the rest of the 1960’s, went mandates, suffice it to say that almost adjusted for inflation, will reach close to 25 in the 1970’s, and 27 in the 1980’s. all participants in the debate agree to $44 billion by the end of this cen- However, to truly reach a better under- that there is not complete data on Fed- tury. standing of the Federal mandates de- eral mandates to State and local gov- The city of Columbus, in my home bate, we must also look at the Federal ernments. In fact, one of the major ob- State of Ohio, also noted a trend in ris- funding picture, vis-a-vis State and ing costs for city compliance with Fed- jectives of S. 1 is to develop better in- local governments. eral environmental mandates. The formation and data on the cost of man- mayor of Columbus, Gregg Lashutka, Addressing that first under Federal dates and to force that to be considered has taken a personal interest in this aid and to State and local govern- up front. Likewise, there is even less and has done a superb job in detailing ments, the record shows that Federal information available on estimates of what the impact is on a medium-sized discretionary aid to State and local what potential benefits might be de- U.S. city from Federal mandates. governments to both implement Fed- rived from selected Federal mandates— Our Governor, George Voinovich, has eral policies and directives, as well as a point made by representatives from represented the National Governors As- complying with them, saw a sharp drop the disability, environmental, and sociation in his representation of want- in the 1980’s. labor community in the committee’s ing this legislation through all and has An examination of Census Bureau second hearing in the last Congress. given a lot of information that has Nonetheless, there have been efforts data on sources of State and local gov- come from the Governors across the ernment revenue shows a decreasing made in the past to measure the cost country on this. Probably the most de- impacts of Federal mandates on State Federal role in the funding of State finitive study of all, as far as the im- and local governments. In 1979, the and local governments. pact on the city, is what Mayor And those efforts do show that costs Federal Government’s contribution to Lashutka has done in Columbus, OH. appear to be rising. Since 1981, CBO, State and local governments’ revenues In his study, the city concluded that reached 18.6 percent. By 1989, the Fed- the Congressional Budget Office, has its cost of compliance for environ- eral contribution of the State and local been preparing cost estimates of major mental statutes would rise from $62.1 revenue pie had instead daily shrunk to legislation reported by committee with million in 1991 to $107.4 million in 1995. 13.2 percent before edging up to 14.3 an expected annual cost to State and That is—in 1991 constant dollars—a 73- percent in 1991, the latest year data local governments in excess of $200 mil- percent increase. The city estimates was available. lion. According to CBO, 89 bills, with that its share of the total city budget an estimated annual cost in excess of going to pay for the mandates will in- What contributed to the declining $200 million each, were reported out of crease from 10.6 percent to 18.3 percent trend in the Federal financing of State committee between 1983 and 1988. over that timeframe. This is just one and local governments? A closer look I would point out one major caveat medium-sized American city. at patterns in Federal discretionary with CBO’s analysis—it does not indi- In addition to environmental require- aid programs to State and local gov- cate whether these bills funded the ments, State and local officials in our ernments during the 1980’s provides the costs or not, nor how many of the bills committee hearings cited other Fed- answer. According to the Federal were eventually enacted. Still, even eral requirements as burdensome and Funds Information Service, between with a rough calculation, CBO’s anal- costly. They highlighted compliance 1981 and 1990, Federal discretionary ysis shows that committees reported with the Americans with Disabilities program funding to State and local out bills with an average estimated Act and the Motor-Voter Registration government rose slightly from $47.5 to new cost of at least $17.8 billion per Act, complying with the administra- $51.6 billion. year to State and local governments. tive requirements that go with imple- However, this figure, when adjusted In total, 382 bills were reported from menting many Federal programs and for inflation, tells a much different committees over the 6-year period with meeting Federal criminal justice and story. Federal aid dropped 28 percent in some new costs to State and local gov- education requirements. ernment. So, if anything, the $17.8 bil- Now, I note that while each of these real terms over the decade. A number lion figure is a conservative estimate individual programs or requirements of vital Federal aid programs to State for reported bills. clearly carries with them costs to and local government experienced Federal environmental mandates State and local governments, costs sharp cuts, and in some cases outright head the list of areas that State and which we have too often ignored in the elimination, during the decade. local officials claim to be the most bur- past, I believe that on a case-by-case In 1986, the administration and Con- densome. A closer look at two of the basis, each of these mandates has sub- gress agreed to terminate the General studies done on the cost of State and stantial benefits to our society and our Revenue Sharing Program. We all re- local governments of compliance with Nation as a whole. member that one. That was a program

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3880 CONGRESSIONAL RECORD — SENATE March 14, 1995 that provided approximately $4.5 bil- but he traveled all over the country, State, local, and tribal governments lion annually to local governments and meeting repeatedly with different that appropriations are sufficient to allowed them very broad discretion on groups representing those seven orga- pay for the mandate or the agency sub- how to spend the funds. nizations that I just mentioned in get- mits legislative recommendations to Since its inception in 1972, general ting their views on this legislation and implement a less costly mandate or to revenue sharing has provided approxi- bringing it back, putting it together. render the mandate ineffective for the mately $83 billion to State and local And he did a superb job in keeping con- fiscal year. government. Unfortunately, the tact with all these people. He deserves Under the expedited procedures, the Reagan administration succeeded in the full credit for being the sparkplug authorizing committee must provide terminating the program. Congress fol- for this legislation. for consideration in both Houses of the lowed its lead and approved that. There (Mr. GORTON assumed the chair.) agency statement or legislative rec- were other important Federal and Mr. GLENN. Mr. President, let me ommendations within 60 calendar days. State and local programs that were explain what the bill does. After the 60-day time period expires, substantially cut back between 1981 It requires the Congressional Budget the mandate ceases to be effective un- and 1990. They include the economic Office to conduct State, local and trib- less Congress provides otherwise by development assistance, community al cost estimates on legislation that law. And I will discuss the Byrd amend- development block grants, mass tran- imposes new Federal mandates in ex- ment in greater detail a little later in sit, refugee assistance, and low-income cess of $50 million annually onto the my statement. home energy assistance. budgets of State, local, and tribal gov- The conference report on S. 1 also in- Luckily, under both the Bush and ernments. The current law requires cludes provisions for the analysis of Clinton administrations, we managed these estimates at a $200 million legislation that imposes mandates on to restore some of the needed funding— threshold, and I believe that that high the private sector. CBO would have to I repeat, needed funding—to these pro- a figure allows a lot of Federal man- complete a private sector cost estimate grams. And still, in real dollars, funds dates to slip through without being on bills reported by committee with a for discretionary aid programs to State scored. Two hundred million dollars $100 million or more annual cost and local governments remain today 18 spread equally among all the States threshold. In the Senate bill, we had a percent below their 1981 levels. That is may not be much, but if it falls par- threshold of $200 million and the House despite the fact we have put more of an ticularly hard on any one State or any had $50 million as their threshold, so unfunded mandates load onto the backs one region, which does happen with we split the difference and wound up of the State and local governments. legislation, it can be a substantial im- with $100 million being our threshold. Looking at our committee’s legisla- pact. We do exempt certain Federal laws tive efforts in the last Congress, eight Let me make clear, however, that from this bill. Civil rights and con- bills were referred to the Governmental what CBO will score here are new Fed- stitutional rights are excluded. Na- Affairs Committee that touched on this eral mandates—new Federal man- tional security, emergency legislation, aspect of the unfunded mandates Fed- dates—not what State, local, and tribal and ratification of international trea- eral mandates problem. governments are spending now to com- ties are also exempt. After two hearings, we marked up a ply with existing mandates, nor what I want to also point out that the bill bill. I think it could be called, at least they are spending to comply with their does not prohibit Congress from pass- in part, a compromise bill. The basic own laws and mandates. ing unfunded Federal mandates. Let part of it, though, was the bill that Second, and I think most impor- me repeat that. It does not prohibit Senator KEMPTHORNE has submitted, tantly, is that the bill holds Congress Congress from passing unfunded Fed- and it became the vehicle that bor- accountable for imposing additional eral mandates. There may be times rowed the best of the various provi- unfunded Federal mandates. We do this when it is appropriate, for whatever sions and requirements from the bills by requiring a majority point-of-order purpose, to ask State and local govern- that had been submitted. It was basi- vote on any legislation that imposes ments to pick up the tab for Federal cally—the basic bill—his work. new unfunded Federal mandates in ex- mandates. But the legislation does We worked closely in a deliberative, cess of a $50 million annual cost to force us to take into consideration the bipartisan fashion, and he was the de State, local, or tribal governments. cost of the unfunded mandates up facto leadership on this issue. Along To avoid the point of order, the spon- front, consider it in its entirety with a with other Members, and with the ad- sor of the bill would have to authorize point of order to lie against it if it is ministration, we moved ahead with funding to cover the cost to State and not funded. But the debate over wheth- this legislation. What became known local governments of the Federal man- er it is appropriate to ask State and as the Kempthorne-Glenn compromise date or otherwise find ways to pay for local governments at times whether it has the endorsement and strong sup- the mandate. This could come from the is a constitutional matter or whatever port of the seven groups representing expansion of an existing grant or sub- it might be, to pick up the tab across State and local governments. They are sidized loan program or the creation of the country—all States—let that de- the National Governors Association, a new one or perhaps a raising of new bate take place on the Senate floor, as the National Conference of State Leg- revenues or user fees. it will under this legislation, and let islators, the Council on State Govern- The authorizing committee must also the majority work its will on the spe- ments, the National League of Cities, build into the legislation certain provi- cific mandate in the legislation. the U.S. Conference of Mayors, the Na- sions to go into effect if funds for the The Kempthorne-Glenn bill also ad- tional Association of Counties, and the mandate are not fully appropriated or dresses regulatory mandates. We all International City Management Asso- not appropriated at all. This was the know how the Federal bureaucracy can ciation. It had the backing of the Clin- basic thrust of the Byrd amendment impose burdensome and inflexible regu- ton administration, and was endorsed which the House receded to in con- lations on State and local govern- by such editorial boards as the New ference and accepted in its entirety. ments, as well as on others who end up York Times, the Cleveland Plain Deal- The House bill would have left the fate trapped in the bureaucracy’s regu- er, and other newspapers across the of an unfunded or underfunded man- latory net. In the committee’s Novem- country, both large and small. That date in the hands of the Federal bu- ber hearing in 1993, we heard testimony largely embodies or includes, also, all reaucracy rather than in the hands of from Susan Ritter. She is county audi- that we had last year in Senate bill 993. Congress where it properly lies. tor for Renville County, ND. Ms. Ritter Let me just say that on this bill, if Under the Byrd amendment, the au- noted that she comes from the town of there is anyone who can be looked at thorizing committee would have to put Sherwood in her State with a total as the father of this bill and the one expedited procedures into the under- population of 286 people, and they will who really kept going on this and kept lying intergovernmental mandates bill have to spend $2,000, which is one-half interest going, it is Senator KEMP- that would direct the relevant Federal of their annual budget on testing the THORNE. He did a magnificent job on agency to submit a statement based on water supply in order to comply with this bill, not only here in Washington, a reestimate done in consultation with certain EPA regulations.

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3881 Clearly, there is no way that that Both the administration and a num- But we should be careful and look at town is going to be able to meet this ber of my colleagues have made pro- it on a case-by-case basis, not with a kind of a requirement. So, consistent posals to shift a number of Federal pro- meat ax approach, not just swinging with the President’s Executive orders, grams and responsibilities to State and the ax and taking whole programs out we have required that Federal agencies local governments. Clearly, as this without considering what is going to conduct cost-benefit analysis and as- mandates debate has shown us, I be- happen to a lot of people. sessments on major regulations that lieve we ought to at least experiment Unfortunately, the House, in its race impact State, local, and tribal govern- to see if State and local governments to devolve, as they call it, and seem- ments, as well as the private sector. We can carry out some of these programs ingly block grant the entire Federal have allowed a limited judicial review in a more effective fashion than we Government, I believe, is moving much of agency preparation of some of those have been doing at the Federal level. assessments and analysis. The House I know from my years as chairman of too quickly in areas which should re- would have allowed full scale judicial the Governmental Affairs Committee quire closer scrutiny and greater delib- review of practically everything, of that Americans do want more efficient eration. both the agency analysis and the CBO and less costly government, and I, for I believe that the conference report cost estimates. This could have been a one, do not believe that efficiency and on S. 1 will help to restore the inter- way of almost shutting down the whole government need necessarily be an governmental partnership and bring regulatory process, as we saw it. oxymoron statement. We worked on needed perspective and balance to fu- Enactment of these provisions also the Governmental Affairs Committee ture Federal decisionmaking. would have resulted in what I termed to bring forth better ways of dealing I think S. 1 is landmark legislation, the Lawyers Full Employment Act, with efficiency in the Federal Govern- as I said in starting out my remarks. I and would have had the law firms along ment, such as the Chief Financial Offi- think it is landmark legislation that K Street breaking out the champagne cer Act, the Inspectors General Act, Fi- will help to redefine for the first time all over. So we significantly curtailed nancial Management Act, and so on, and narrowed and focused the judicial and a number of different things we in 60 years the entire Federal, State review requirements, which I will dis- have done in that area. So it is not and local relationship. And so I obvi- cuss in a little more detail a little that we have ignored the efficiencies of ously urge my colleagues to vote for later on also. passage of this legislation. Further under S. 1, agencies must de- government, but certainly we want to velop a timely and effective means of make the Government a more efficient I have some remaining remarks con- allowing State and local input into the and better and less costly government. cerning the conference report, and I That certainly is a big move. Maybe regulatory process. Given the State would like to clarify some of the provi- one way to help accomplish that objec- and local governments are responsible sions of the proposed legislation. tive is to grant more flexibility to for implementing many of our Federal I would first refer to section State and local governments and let laws, it is not only fair they be consid- 425(a)(2)(B)(iii)(III) of the conference ered partners in the Federal regulatory them run some of these programs. Where I think we should proceed with report. Subsection (III) establishes a process, but it is also good public pol- some degree of caution, we need to re- timeframe for expedited procedures icy as well. member the reason many of these pro- under which Congress will consider the The bill also requires Federal agen- agency statement or legislative rec- cies to make a special effort in per- grams became part of the Federal level was back some 50 or 60 years ago when ommendations under subsections (aa) forming outreach to the smallest gov- or (bb). The timeframe is 60 calendar ernments. Then maybe we will be able the country was in dire straits and we were not able, either would not or days from which the agency submits to minimize the occurrence of situa- its statement or legislative rec- tions like the one that took place in could not, at the State and local level to address problems and concerns of ommendations. Under such an expe- the town of Sherwood that I mentioned dited process, the mandate would cease a moment ago. our citizens that had been dealt with in to be effective 60 calendar days after Let me put the issue into a larger the family and local communities up to perspective. As we all know, the Fed- that time. We found soup kitchens on the agency submission unless Congress eral, State, and local relationship is a the corners, and we had people because provides otherwise by law. very complicated, a very complex one. of weather changes also—we remember The Senate Parliamentarian has pro- It is a blurry line between where one the movies, famous movies of the Okies vided us with his interpretation of the line’s level of responsibility ends and going West with a mattress on top of 60-day time period in a letter which has another begins. All three levels of gov- the car, and so on. The United States been attached as an appendix to the ernment need to work together in a had lost its way at that time. conference report. The letter states constructive fashion to provide the I grew up in that Great Depression. I that a sine die adjournment ‘‘will re- best possible delivery of services to the learned that State and local govern- sult in the beginning again of the day American people in the most cost-ef- ments do not have sometimes the counting process and that the sine die fective fashion. After all, as Federal, wherewithal and resources to meet all adjournment of a Congress results in State, and local officials, we all serve human needs. That is why President all legislative action being terminated the same constituency. Roosevelt came through with the New and any process [the counting of the 60 Further, we serve the American peo- Deal. That was to address economic days] ended so that it must begin again ple at a time when their confidence in and social problems that previously in a new Congress.’’ all three levels of government may be were dealt with by State and local gov- at an all-time low. There are numerous ernments or by the local communities Thus, if Congress adjourns sine die explanations for this lack of confidence and families themselves more likely. prior to the end of the 60-day time pe- in government, and we will not go into And we followed the New Deal up with riod after the agency submission of its a long discussion of those here. Vice the Great Society and moved more of statement or legislative recommenda- President GORE’s National Perform- these programs up to a national level. tions then the the 60-day time clock ance Review attributes ‘‘an increas- Now, I am the first to say many of terminates and would start all over ingly hidebound and paralyzed inter- these programs may have gone too far again, beginning with day one, when governmental process’’ as at least a and so we need to tailor things back Congress convenes the next year. In part of the reason why many Ameri- somewhat. But there has been and will those instances, Congress would then cans feel that government is wasteful, continue to be the need for Federal in- have 60 calendar days to act on the inefficient, and ineffective. We need to volvement and decisionmaking in agency submission or the mandate restore balance to the intergovern- many domestic policy areas. But that would cease to be effective after the 60- mental partnership, as well as should not preclude us from maybe day period expires. Depending on when strengthen it so that government at all loosening the reins on State and local we convened in January, the time pe- levels can operate in a more cost-effec- governments in some areas or even riod would likely expire sometime dur- tive manner. dropping them entirely. ing the month of March.

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3882 CONGRESSIONAL RECORD — SENATE March 14, 1995 After a discussion with the Parlia- regulatory proposals containing sig- called for under S. 1. However, we also mentarian, I understand that his inter- nificant intergovernmental mandates. wanted to assure that agency rules and pretation on the counting of days The language in both bills was con- enforcement would not be stayed or in- would also apply after sine die adjourn- sistent with the President’s Executive validated by the judicial review, and ment of the 1st session of a Congress as order. The House bill, however, implic- that the regulatory process would not well. itly exempted all meetings and com- get bogged down in excessive litiga- This clarification by the Parliamen- munications between Federal and tion. I believe that section 401 achieves tarian over the counting of days under State, local, and tribal officials under these goals. S. 1 is critically important. During this process from the Federal Advisory Sections 401(a) (1) and (2) provide for election years we usually adjourn Committee Act. The House felt that limited judicial review of agency com- sometime in early October. My concern FACA was a bureaucratic encumbrance pliance with section 202 and sections had been that with a continuous 60-day that impeded closer coordination be- 203(a) (1) and (2). As I discussed a mo- clock we might be forced in those years tween Federal, State, and local offi- ment ago, section 202 requires prepara- to reconvene for a lame-duck session in cials in the administration of programs tion of statements to accompany sig- December to vote on an agency state- with shared intergovernmental respon- nificant regulatory actions, and sec- ment or legislative recommendation or sibilities. The Committee on Govern- tions 203(a) (1) and (2) require agencies otherwise the mandate would cease to mental Affairs has examined problems to develop small agency plans before be effective. I think as a general rule with FACA in the past and 3 years ago establishing certain regulatory re- we should avoid having to convene reported out unanimously legislation I quirements. lameduck sessions except in emer- wrote to reform FACA. The bill ex- Subparagraph (A) of section 401(a)(2) gencies and times of national crisis. empted elected State and local officials provides that judicial review is avail- So I am pleased that the Parliamen- from some of its requirements. So I able only under section 706(l) of the Ad- ministrative Procedure Act. Section tarian’s ruling would avoid putting us was sympathetic with the House posi- 706(l) of the APA authorizes a court to in a situation of having to schedule tion in this case. However, I believed compel agency action unlawfully with- lameduck sessions to deal with agency that the House language needed to be held or unreasonably delayed. Subpara- statements or legislative recommenda- tightened and narrowed so as not to graph (A) also states that such review tions. give State and local officials an unfair will only be as provided under subpara- I would like to clarify another provi- advantage over others in the adminis- graph (B). Subparagraph (B) states sion in the act. Section 202(a)(2) re- trative process. So we developed com- that, if an agency fails to prepare the quires Federal agencies to prepare promise language in section 204(b) to written statement under section 202 or qualitative and quantitative assess- provide an exemption from FACA for ments of the costs and benefits of Fed- the written plan under section 203(a) (1) elected State, local, or tribal officials— and (2), a court may compel the agency eral mandates as well as its effect on or their designated employees with au- health, safety, and natural environ- to prepare such a written statement. thority to act on their behalf—for Sections 401(a) (1) and (2) specify that ment. I believe that the meaning of the meetings concerning the implementa- the only remedy that a court may pro- word ‘‘effect’’ would include both quali- tion or management of Federal pro- vide is to compel the agency to prepare tative and quantitative costs and bene- grams that ‘‘explicitly or inherently the statement. So, for example, the fits to health, safety and the environ- share intergovernmental responsibil- court may not stay, enjoin, invalidate, ment as well as other impacts in those ities or administration.’’ So we have or otherwise affect a rule. Nor may the areas. Further, the statement of con- been careful to limit the FACA exemp- court postpone the effective date of the ferees states that included in the agen- tion to instances where Federal offi- rule, stay enforcement of the rule, or cy written statement under section 202 cials and State, local, and tribal offi- take any other action to preserve sta- ‘‘must be a qualitative, and if possible, cials are coimplementers or managers tus or rights pending conclusion of the quantitative assessment of the costs of a program. We did not want to allow review proceeding or pending compli- and benefits of the intergovernmental a FACA exemption in instances where ance by the agency with any court mandate.’’ The word ‘‘intergovern- State and local officials are acting as order to prepare a statement. mental’’ should be crossed out to make advocates, which is what the House bill Furthermore, in this review under the sentence consistent with the statu- would have likely allowed. Further, we sections 401(a) (1) and (2), the court tory language. However, the sentence have asked the administration to pro- may not review the adequacy of a writ- properly notes that a quantifiable as- mulgate regulations to implement sec- ten statement under section 202 or of a sessment of the costs and benefits of a tion 204 and to ensure that there are written plan under sections 203(a) (1) particular mandate may not be pos- proper safeguards in place. and (2). This is because paragraph sible. This difficulty in preparing accu- I would note that the effective date (2)(B) provides that a court may com- rate quantitative assessments and esti- of title I is January 1, 1996 or 90 days pel preparation of a written statement mates is noted in the statutory lan- earlier if CBO receives appropriations only if the agency actually fails to pre- guage for both section 202(a) (3) and (4). as authorized. Thus, title I would apply pare the written statement under sec- Indirect costs and benefits are particu- to any bill, joint resolution, amend- tion 202 or actually fails to prepare the larly difficult to quantify and may be ment, motion, or conference report written plan under sections 203(a) (1) better addressed as part of an agency considered by the House or Senate on and (2). qualitative assessment of the Federal or after January 1, 1996. Sections 401(a) (1) and (2) deal with mandate. Finally, I would like to describe and the situation where rules that are sub- In addition to addressing indirect explain the provisions of section 401, ject to sections 202 and 203(a) and (b) costs and benefits, such a qualitative which deals with the subject of judicial undergo judicial review under Federal assessment would also include an as- review. law other than section 401(a) (1) and (2). sessment of considerations other than The version of S. 1 that passed the Paragraph (3) states that, in any such economic costs and benefits but are Senate contained an absolute bar on all judicial review, the failure of an agen- still necessary and important in guid- judicial review. However, the bill that cy to prepare a required statement or ing an agency in the promulgation of a passed the House authorized judicial plan shall not be used as a basis for major rule. review of regulatory agency compli- staying, enjoining, invalidating, or I would also like to discuss section ance with many requirements in the otherwise affecting the agency rule. 204, dealing with State, local, and trib- bill. Subparagraph (3) further provides that, al government input into the Federal The conferees agreed to a com- if the agency does prepare a statement regulatory process. Both the House and promise between the Senate and the or plan, any inadequacy of the state- Senate bills required Federal agencies House positions. Our goal was to pro- ment or plan shall not be used as a to develop an effective process to per- vide for meaningful judicial review, so basis for staying, enjoining, invali- mit elected State, local, and tribal offi- as to reassure the regulated commu- dating, or otherwise affecting the agen- cials to provide timely and meaningful nity that agencies will prepare certain cy rule. Subsection (3) not only forbids input into the development of agency key statements and plans that are a

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3883 court to use the inadequacy or failure agency to prepare a written statement of the rule, nor the procedural stand- to prepare a statement or plan as the shall be controlled by provisions of law ards for rulemaking under the author- sole basis for invalidating or otherwise that govern review of the rule under izing statute or the APA, nor the affecting a rule; the subsection also other law. This applies to such matters standards for judicial review of the prohibits the court from using such in- as exhaustion of administrative rem- rule, nor agency or court interpreta- adequacy or failure as any basis, even edies, the time for and manner of seek- tions, are affected by the provisions of if considered together with other defi- ing review, and venue. Consequently, S. 1. ciencies in the rulemaking, for invali- the petition under paragraph (2) may dating or otherwise affecting a rule. be filed only after the final rule has Likewise, to the extent that applica- Subparagraph (4) states the cir- been promulgated, at which time re- ble law vests discretion in an agency to cumstances when the information gen- view of the rule may be available under determine what information and anal- erated under section 202 or section other law. The petition under subpara- ysis to consider in developing a rule, 203(a) (1) and (2) may be considered by graph (2) may be filed only in a court nothing in S. 1 changes the standards a court in the course of reviewing the where a petition for review of the rule under which a court will review and de- rule under law other than sections itself could also be filed under other termine whether the agency properly 401(a) (1) and (2). Subparagraph (4) has law. And the same requirements for ex- exercised such discretion. Thus, even two elements. First, the information haustion of administrative remedies where the authorizing statute is vague may be considered by the court only if that would apply in review of the rule or silent about what factors the agency it is made part of the rulemaking shall also apply to the petition under must or may consider in promulgating record for judicial review. Second, if paragraph (2). However, if the other a rule, a court reviewing the rule may the information is made part of the law does not have a statute of limita- not consider the requirements of sec- record for review, then the information tions that is less than 180 days, then tion 202 or of any other provisions of S. may be considered by the court as part paragraph (5) limits the time for filing 1 in interpreting the requirements of of the entire record for the judicial re- a petition under paragraph (2) to 180 the statute. This is because, except as view under the other law. days. provided by a petition under section The question of whether the informa- Section 401(a)(6) states the effective 401(a)(2), section 401 prohibits all judi- tion is made part of the record for judi- date for the judicial review provided cial review of compliance or non- cial review is not determined by any under subsection (a). The effective date provision of S. 1; the contents of the compliance with S. 1. If courts were al- is October 1, 1995, and subsection (a) record is governed by the law and court lowed to interpret S. 1 as implicitly will apply to any agency rule for which procedures under which the judicial re- amending or superseding the provisions a general notice of proposed rule- view takes place. In judicial review of of another statute or to constrain the making is promulgated on or after such agency rules, the agency makes the agency’s discretion under another stat- date. Consequently, in the case of rules initial decision of what documents to ute, and if the conference report had for which a general notice of proposed include in the rulemaking record for been written to allow a court to con- judicial review. Thus, the agency would rulemaking is promulgated before Oc- sider an agency’s compliance or non- make the initial decision of whether to tober 1, 1995, subsection (a) does not compliance with these amended or su- include any information generated apply. For these rules that are not sub- perseded provisions of the other stat- under sections 202 and 203(a) (1) and (2) ject to subsection (a), a petition under ute, this would be the same thing as ju- in the record for judicial review. If the subsection (a)(2) may not be filed, and dicial review of the agency’s compli- agency makes such information part of information generated under section ance or noncompliance with the provi- the record for judicial review, the court 202 and 203(a) may not be considered as sions of S. 1. But section 401 of the con- may then proceed to consider such in- part of the record for judicial review ference report clearly prohibits courts formation as part of the record for ju- pursuant to subsection (4). from doing this. Section 401(b)(1) broadly prohibits all dicial review pursuant to the other Furthermore, even when an agency law. judicial review except as provided in In no event may a court review subsection (a). Thus, all of title I, those prepares any statement under section whether the information generated portions of title II not expressly ref- 202, nothing in section 202 authorizes or under sections 202 or 203(a) (1) or (2) is erenced in subsection (a), and all of requires consideration of the statement adequate to satisfy requirements of S. title III are completely exempt from in development of the rule. Where the 1. Such review is clearly prohibited by judicial review. This section also pro- conference report intends to require subparagraph (3). However, in review- hibits judicial review of any estimate, that agencies consider certain factors, ing a rule under law other than sec- analysis, statement, description or re- the language of the bill is drafted to tions 401(a) (1) and (2), if information port prepared under S. 1. This list is in- say so explicitly, as in the provision of generated under section 202 or 203(a) (1) tended to cover all forms of docu- section 205 requiring that agencies con- or (2) is included in the record for re- mentation or analysis generated under sider a reasonable number of regu- view, the court may consider whether S. 1, so that no such documentation or latory alternatives under certain cir- such information is adequate or inad- analysis is subject to any form of judi- cumstances. Furthermore, an agency equate to satisfy the requirements of cial review except as provided in sub- may choose to prepare a statement such other law. section (a). For example, not only is an even if consideration is clearly prohib- Any information that is made part of agency’s compliance with section 205 ited under other statute, and an agency the record subject to judicial review, not subject to judicial review; but also may prepare a statement even if the including information generated under the regulatory alternatives and the ex- applicable statute affords discretion to sections 202 and 203(a) (1) and (2) that is planations prepared under section 205, the agency to consider or not to con- made part of the record, may be consid- and other records of the agency’s ac- sider the statement. Therefore, neither ered by the court, to the extent rel- tivities under section 205, may not be the provisions of S. 1 nor the fact that evant under the law governing the judi- reviewed in any judicial proceeding. an agency prepares any statement cial review, as part of the entire record Subsection (b)(2) further states that, under S. 1 affects the standards and in- except as provided in subsection (a), no in determining whether the record be- terpretations under which courts will provision of S. 1 shall be construed to fore it supports the rule under the arbi- review the rule and the agency’s exer- create any right or benefit enforceable trary capricious or substantial evi- cise of discretion in developing the by any person. dence or other applicable standard. rule. Pursuant to the appropriate Federal Finally, the provisions of S. 1 do not law, a court looks at the totality of the affect the standards of underlying law, Mr. President, I would like to close record in assessing whether a par- under which courts will review agency by acknowledging some people who de- ticular rulemaking proceeding lacks rules. In other words, insofar as they serve a great deal of credit for this leg- sufficient support in the record. provide the basis for judicial review of islation. This has been tough legisla- Section 401(a)(5) states that a peti- a rule, neither the standards of the tion to bring through, and we had a tion under paragraph (2) to compel the statute that authorizes promulgation long debate in the Chamber about it

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3884 CONGRESSIONAL RECORD — SENATE March 14, 1995 after it came out of committee. We re- regret that. But I am glad we have peal at least half of his State’s nearly member some of the difficulties of get- come to this day, and I look forward to 29,000 regulations and replace them ting it out of the committee, and I will tomorrow when we will have a record with loose guidelines, guidelines that not go into all the details of that. rollcall vote. I hope it will be unani- promote accountability. I indicated earlier in my remarks, of mous. While trading archaic rules for com- all the people who have brought this I yield the floor. I reserve the re- mon sense may not make sense to the through, Senator DIRK KEMPTHORNE mainder of my time. Washington bureaucrats, it makes a lot certainly deserves credit as the spark Mr. KEMPTHORNE. Mr. President, I of sense back home, and it is an ap- plug for this legislation. I have been certainly appreciate the remarks of the proach we ought to encourage on the glad and honored to join him in it. Senator from Ohio and the great role Federal level. that he has played in bringing us to W.H. ‘‘Buzz’’ Fawcett, who is sitting For all the good accomplished by the this point where we can have successful here with him today, deserves credit Unfunded Mandates Relief Act, it passage of this conference report. for his work on this, and Gary Smith, leaves untouched most of the 200 pre- I should like to associate myself with who is on the floor also today. viously enacted unfunded mandates On our side of the aisle, those people his remarks about the different staff passed by this institution—and passed who deserve a tremendous amount of members who have all played a key on to local governments—over the last credit are Sebastion O’Kelly, who is role. I would now like to yield 7 min- two decades. with me here today, who has worked on utes to the Senator from Minnesota, very little but this for the last couple who again has been one of those Sen- Implementing the requirements of of months, I guess, or ever since we ators on this issue who every time we the 10 costliest mandates—contained in came back into session; Larry Novey, needed to have assistance was there. bills like OSHA, the Clean Water and who is not on the floor with us today— Mr. GRAMS. I thank the Senator Clean Air Acts, and the Endangered yes, he is back in the back. Larry from Idaho. Species Act—cost cities an estimated worked on this legislation also, as did The PRESIDING OFFICER. The Sen- $6.5 billion in 1993. our minority staff director on the Gov- ator from Minnesota. By the year 2000, the price tag for ernmental Affairs Committee, Len Mr. GRAMS. Mr. President, I rise those mandates will rise to nearly $54 Weiss, who is here with us today. today in support of the unfunded man- billion. Congressman ROB PORTMAN over in dates conference report. It may be too late to change things the House, who was the real sponsor of By forcing Congress to know the with this bill, but it is not too late to this and the prime mover of it, de- costs of any legislation it passes down change things with the next. to our States, counties, cities, and serves a lot of credit, along with his In the House, Speaker GINGRICH will townships, by forcing Congress to principal staff person who worked on begin monthly Corrections Days, and I vote—openly in the light of day—to this, John Bridgeland; Congressman urge my colleagues in the Senate to specifically impose those costs if it WILLIAM CLINGER over there, and the follow suit. person on his staff, Christine Simmons, does not come up with the dollars We will pull out the most inefficient who worked so hard on this; Congress- itself, this legislation is a good first Federal laws and regulations and bring woman CARDISS COLLINS and her staff step toward loosening the noose of them up for a vote. person, Tom Goldberg, who met repeat- costly Federal requirements. We will begin stripping away the lay- edly with the group; GARY CONDIT over And it is also a good first step toward there, and his staffer, Steve Jones, a return to States rights, and an end to ers of Federal bureaucracy that, like played a vital role in this. what has too often amounted to tax- bad varnish over good wood, have ob- And back on our side again, Senator ation without representation by the scured for too long the role of the Gov- JIM EXON and Meg Duncan on his staff, Federal Government. ernment envisioned by our Founding and on our Governmental Affairs staff In Redwood Falls, MN, former Mayor Fathers. again Senator CARL LEVIN and Linda Gary Revier echoes what I have heard Maybe, with the help of the Unfunded Gustitis, who has done such yeoman time and time again since debate began Mandates Relief Act and 2 years of Cor- work on a number of pieces of legisla- in Washington on unfunded mandates. rections Days, we will be able to say by tion on our Governmental Affairs Com- He said to me recently: the end of the 104th Congress that we mittee staff. How can cities like Redwood Falls meet have truly made a difference to the I know to people out there maybe their own needs when our scarce dollars are people back home who sent us here to who watch this on television, the continually going to meet Washington’s change Washington. needs? names are not associated directly with How do we tell our residents that we may I reiterate, this change begins with the people involved. You may or may need to reduce services or raise local taxes passage of the Unfunded Mandates Re- not have seen them in the Chamber because a bureaucrat 2,000 miles away thinks lief Act. from time to time when we were debat- he knows best how to spend our dollars? With that, I yield the remainder of ing the bill, sitting here beside us, I agree with Mr. Revier. In fact, I my time. keeping some of the legislative matters have asked him to chair my unfunded The PRESIDING OFFICER. The Sen- straight as we were debating some dif- mandates task force, where he will ator from Idaho. ferent parts of this bill. But they are play a key role in formulating a strat- Mr. KEMPTHORNE. Mr. President, I people who should be known because egy to reduce the Federal Govern- they are the ones who have to write note Senator HUTCHISON was here a ment’s reach into Minnesota pockets. short time ago. She had hoped to speak things up overnight, spend two-thirds Even with the Unfunded Mandates on this issue but unfortunately a pre- of the night writing things up for our Relief Act in place, we must be vigilant vious commitment had caused her to approval in the morning to go to an- of the unintended costs our actions leave the floor. I wish she could have other meeting and try to work things here in Congress may represent on the been able to remain because during the out, work differences out and different local level. views on legislation. And this legisla- Future legislation needs to be care- 11 days of the debate that we had on S. tion did have a lot of things we had to fully scrutinized so that we avoid new 1, there were different occasions when work out together. It was together that and unwelcome financial pressures on it was necessary to seek someone with we worked these things out. There was the local level. her background in State government to a lot of togetherness, legislative to- Other regulatory relief measures we come be an advocate and spokesperson getherness that let us get to the point consider this year will further enable for this bill. Whenever we called, she where we are today. local governments to get back to doing was there. I want to acknowledge her So I urge my colleagues to vote for local business, and away from having role in this as well. passage of this bill. I think it is land- to do the Federal Government’s bid- With that, Mr. President, I know mark legislation, and we have so many ding. there are additional speakers who are people who have been part of this I We could learn a lot from Florida on their way to the floor. probably have left some people out. I Gov. Lawton Chiles, who wants to re- I suggest the absence of a quorum.

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3885 The PRESIDING OFFICER. Does the you can visibly see the problems, you I think if we face the reality and the Senator suggest the time be divided do not really do anything about it. So truth, Mr. President, I suggest that it equally on both sides, under the we passed it. is because people in Washington, after quorum call? We calculated afterward that, if we being here for a while, cannot resist Mr. KEMPTHORNE. Mr. President, had not had to comply with the Davis- the insatiable appetite to spend money that will be fine. Bacon Act, the taxpayers would have we do not have. One tricky way of The PRESIDING OFFICER. The benefited so much more than they did. doing that is to take credit for some- clerk will call the roll. Without the Davis-Bacon Act, we could thing politically at home in terms of The bill clerk proceeded to call the have produced 17 percent more in cap- the environment or something that we roll. ital improvements for the citizens of are needing to do that generally the Mr. INHOFE. Mr. President, I ask Tulsa. Keep in mind this is all totally people want and turn around and cause unanimous consent that the order for funded within the city with a 1-cent the people at home to pay for it. sales tax increase—6 more miles of the quorum call be rescinded. I think we should look at this in an- The PRESIDING OFFICER. Without roads and streets within one city, Tulsa, OK; 34 more miles of water and other way, also. That is, what is going objection, it is so ordered. to happen with the frustration around Who yields time? sewer lines. And we could have hired— this is simply the labor issue that you the country if we do not do this? I was Mr. KEMPTHORNE. Mr. President, I heartened the other day to see what is yield 5 minutes to the Senator from hear so much about—we could have hired 500 more people during that time- happening in Catron County, NM. In Oklahoma. the frustration of dealing with the U.S. The PRESIDING OFFICER. The Sen- frame. At that time our unemployment Forest Service, they enacted the U.S. ator from Oklahoma. was high. It was something that we Constitution as a county ordinance and Mr. INHOFE. I thank the distin- needed. So it was one of those deals put the Federal officials on notice to guished Senator from Idaho for yield- where no one would have been punished show up at the county supervisors ing. by our successfully not having to serve meeting to get permission to impose Mr. President, I have been most in- under the mandates of the Davis-Bacon future mandates. terested in what I think is our first Act. major success in both Chambers. And A lot of us in Oklahoma put the pen- I think we are looking at something certainly it is due to the perseverance cil to these things so that we would here that either we do, or it is going to of the Senator from Idaho that we are know how many dollars it saved. The be done for us. I have never been where we are today. I watched with in- motor-voter law that came in is going prouder of an organization that is able to cost about $1 million a year. We are terest what is happening in the House to come in on both the House and Sen- still working with that right now. That and, of course, what is happening over ate side and recognize that this is not was something that came in that here. I think it is so significant be- a Republican program, this is not a sounded very good when it surfaced. A cause this symbolizes what I think is Democratic program, this is not a con- lot of the authorities were certainly one of the products of the revolution servative or liberal program; this is well meaning. But it was a very expen- something that everyone is for if they that took place on November 8. sive thing for the people of Oklahoma. I have often joked around with many are really for getting the maximum out We went and looked at some of the of the tax dollars that are paid. Members of both bodies in Washington. things that happened in the city. Cer- I said, ‘‘If you want to know what a tainly we all know or are sensitive So, again, let me throw all the acco- real tough job it is to become a mayor today to the League of Cities which is lades I can on the distinguished Sen- in a major city, there is no hiding place having their annual meeting here in ator from Idaho, who has been so effec- there. If they do not like you, they Washington. tive in getting this through. Thank you trash you and they throw it in your In one city, Oklahoma City, the com- on behalf of all America. front yard.’’ pliance with storm water management I yield the floor. Of all the problems—and even though and the Clean Water Act, in Oklahoma Mr. KEMPTHORNE. Mr. President, I there are people serving in this body, City alone it is estimated to be $2.7 want to thank the Senator from Okla- distinguished Senators, who have had million. The transportation regula- homa. Not only is he a tremendous ad- distinguished careers, including being tions, which is the metric conversion, dition to the U.S. Senate, but his expe- mayor of major cities such as the Sen- some of their anticipated fees are in rience as a former mayor—I really ator from California, Mrs. FEINSTEIN, excess of $2 million over the next 5 think there are few training grounds and many of us may disagree philo- years. Land use regulations—that is that can better equip you for the issues sophically on certain subjects, but if the recycling and landfill requirements we deal with than to be a mayor who you were to ask any city official, any that have come—$2.5 million; the Clean deals with the pragmatic issues of gov- mayor, any city commissioner, city Water Act, Safe Drinking Water Act is ernment. He is a welcome addition council member in America what the somewhere in the millions. We cannot here. most serious problem is, they will not even put the pencil to that. I yield 7 minutes to the chairman of say, as you might expect, the crime In my city of Tulsa, OK, the other the Budget Committee, the Senator problem or the welfare problem or large city in Oklahoma, the Clean other problems like that. They would Water Act compliance was $10 million. from New Mexico, Senator DOMENICI. say it is unfunded mandates. I had the The Safe Drinking Water Act was $16 Mr. DOMENICI. Mr. President, I honor of serving as mayor for three million. The solid waste regulations, know that the occupant of the chair terms in the city of Tulsa, OK, with a $700,000. And the lead-based paint, be- would like the Senate to finish its busi- half-million people. cause it is a unique industry which we ness at the earliest possible moment. There are so many aspects of un- have there, it will cost in excess of $1 While he has not told me that, it seems funded mandates that people do not million. But when you look at the to me that is the attitude he exhibited talk about because sometimes it is po- smaller communities like Broken when I told him I was going to speak. litically sensitive to talk about it, such Arrow, OK, the Clean Water Act, the I promise you that it will be reason- as the Davis-Bacon Act and how that storm water regulations were $100,000; ably interesting and very, very short. affects what we do with capital im- the safe drinking water regulations First, let me say that this bill could provements in many of our large cities. were $40,000. This is a small community not be passed by the U.S. Senate, this I can remember when I became that has a very difficult time making conference, at a better time, because in mayor of the city of Tulsa, even ends meet. Yet, they look at these and the confines of this city over the last 72 though I was conservative it was very they wonder why is it that we in Wash- hours, councilmen and mayors and uncomfortable to do this. I had to pass ington somehow have this infinite wis- councilwomen from all across America a 1-cent sales tax increase for capital dom that we know what is better for were here as part of the National improvement because our city had been them and we are willing to mandate League of Cities’ conference. I used to neglected in its infrastructure. Unfor- things for them to do. Yet, we are not belong to that organization many tunately, it is a political reality. Until going to fund it. years ago when I was an ex officio

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3886 CONGRESSIONAL RECORD — SENATE March 14, 1995 mayor of my home city. And our dis- or the mayor of the little town of Las mandate control procedures have been tinguished Senator, to whom we extend Vegas, NM, attempting to meet the folded into the Budget Act, where we accolades here today, Senator KEMP- needs of his small city, I have heard have established precedents to show us THORNE, also served as mayor, but their appeals and they clearly are tired how a point of order will work and how much later than I. I knew about the of the Federal Government telling it will not work. government way back then, and he them precisely how to do things by reg- Second, Senators NICKLES, DORGAN knew about it even more vividly. ulation when they believe they could and myself have worked to make sure But I might say to the Senate that do just as well in different ways at less that the new procedures in this bill there is no question that the exhilara- cost to their people. apply to the private sector. tion in the language and words of Small business in New Mexico first This bill may be just a start in that thanks and profuse gratitude from points to Federal regulations when direction, but let me suggest for those those who came from far and wide asked what is slowing down employ- who are overburdened in the private across America as mayors and council ment and economic growth and causing sector, this bill will send a signal that people, saying this was the first step in them to expand less than they think we have not forgotten about them as some kind of revitalization of fed- they could. Their answer, I repeat, is we talk about mandates. Because many eralism in a prudent and realistic man- most frequently: Regulations that bur- small businesses in America, because ner, seem to me to be right on the den us unduly, that cost more than of the type of regulations being im- mark. We were on the mark when we they are worth. They are even raising posed and the attitude of those who im- passed it. this today more frequently than they pose it, believe the Federal Govern- So this bill begins a redefinition of are talking about higher taxes and how ment is their adversary, their enemy, the relationship between the Federal taxes burden them. not their friend, not working in part- Government, States, and local govern- That is not to say that taxes are not nership and cooperation to see that ments and even our Indian tribes. In a burden to small business and that regulations and the mandates of our addition, due to the provisions of title they would not like to see some relief. laws get carried out. This bill is going II of this bill, it also begins a little bit But I am giving you my best version of to make one first step. Agencies are to move the relationship of the Federal what I have heard for the last 14 going to have to assess the impact on Government’s regulatory processes, months, because I did call small busi- small business, and it holds agencies vis-a-vis the private sector, in a direc- ness together in New Mexico. We had accountable for their actions. There is tion of somewhat more accountability an advocacy group and we hold it to- one judicial review process that will be for the bureaucracy’s actions that bind gether, and we have had about 800 available to them. our American people and business peo- small businesses go to five cities and I am very hopeful that, as we move ple. We are not there yet on private just lay before me what is wrong with through regulatory reform, we will find sector mandates. This is the very first the Federal Government. It comes up some more precise and better ways to step. over and over again that they are being address the huge, huge almost malaise In the past, we have piled mandates regulated beyond belief, at costs that that is out there from the regulations on the States and the American people are significant, with achievements and and that we will start to make sense of with very little idea of their economic goals that are irrelevant or very mis- it. And if, in a couple of years, the impact. It seems to me these mandates leading in terms of their worth. small business community is saying, were imposed with too much con- So I am hopeful that this bill will ‘‘Our Government cares about us, they fidence that we could leave very open- change the culture of the Federal Gov- work with us, the regulators work with ended, generalized kinds of authority ernment by modifying the process by us instead of starting as enemies and to the regulators, expecting them to which we impose mandates on our peo- wanting to penalize us, to fine us,’’ we establish commonsense regulations. In- ple. This bill requires Congress and will have made a very giant step in the stead, we have found the exact oppo- Federal regulatory agencies to con- right direction. site. In many instances, you have to sider the impact of mandates before I thank Senator KEMPTHORNE for stretch your mind in terms of trying to they are legislated and implemented. yielding me time and I yield the floor. figure out how they could arrive at cer- I congratulate Senator KEMPTHORNE Mr. KEMPTHORNE addressed the tain regulations from the laws we have on this bill. I congratulate his staff and Chair. passed. my staff, some of them from the Budg- The PRESIDING OFFICER. The Sen- So, at the very best, we did not fully et Committee. He is just a freshman ator from Idaho. understand the cost of our laws, the Senator, but actually we have all found Mr. KEMPTHORNE. Mr. President, I cost and implications of our regula- that he is a powerful one and a good wish to thank Senator DOMENICI for his tions on State and local governments one. He introduced the bill, and our comments. Again, we have a former and tribal governments, or the private leader, Senator DOLE, said, ‘‘Manage it, mayor who has just spoken, and who, sector. At the worst, we had no idea since you feel so strongly about it.’’ from experience, knows what these un- how much these laws and regulations I remember him asking me, ‘‘Do you funded mandates are all about, but cost the American people. One esti- think I can do it? What is managing a more importantly helped do something mate places the aggregate cost of ex- bill all about?’’ about it. During what was the Christ- isting mandates from hundreds of laws And I said, ‘‘Nobody can tell you mas recess, when, traditionally, there and thousands of regulations at $580 until you have done it.’’ is some time off, we did not take the billion annually. I asked him the other day, and he time off. We worked diligently so that Somebody pays that and somewhere had a mixed reaction to it all. He is not we could be ready with S. 1, so that it it finds itself in either the cost of liv- so leery about managing another one, could be ready the first day. ing of our people, or the cost of buying but he was not totally sanguine about So I appreciate Senator DOMENICI’s goods and services from our companies, what he had to go through either. help on that. And to acknowledge his because this huge cost does not just We do have to go through some con- staff, Bill Hoagland, Austin Smythe, disappear into the ether. It is there tortions here on the floor to accommo- and Kay Davies, who worked diligently every day, in our front rooms, kitch- date fellow Senators. He, obviously, with us through this process. ens, on our grocery shelves, the fur- had to do that. And for some who want- Mr. President, I also think it is niture and gasoline we buy, and all of ed to delay this process, he had to do worth noting—and this is important— the other things that we have seen fit that. that of the conferees that were ap- to regulate without any real evidence But over the past 2 years I helped pointed—5 in the Senate, 8 in the of the risk and the cost and how it af- where I could and I believe we House; a total of 13—we stated going fects people. strengthened the bill in many respects. into this, Senator GLENN has affirmed In my own State—I repeat to the First, through Senator EXON’s and my this point repeatedly, that this was a Senate—local officials, whether it be efforts, the point of order in this bill bipartisan effort. the secretary of state or labor imple- has been broadened to apply to all leg- I think it is significant that three menting motor vehicle registrations, islation and the bill’s new legislative Democrat Members of the House were

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3887 appointed to the conference and not all to be commended for bringing us this funded Mandates Reform Act of 1995 in- three had voted for this, which, at that far. cludes a definition of the term Federal time, was H.R. 5 in the Senate. Not all I also want to acknowledge the ac- intergovernmental mandate and this voted for it but, significantly, all Mem- tive role of Senator GLENN in shaping definition explicitly excludes discre- bers, all 13 conferees, signed this con- this final product. Senator GLENN and tionary grant programs—except cer- ference report. CARDISS COLLINS, his staff have worked very hard over tain entitlement programs—that is, EDOLPHUS TOWNS, and JOE MOAKLEY, the past year and a half, to ensure that any provision in a bill or joint resolu- we want to thank them for their efforts this legislation was able to have solid tion that includes a condition of Fed- throughout this process. Again, you bipartisan support. eral assistance or a duty arising from have a conference report now that has I am pleased to have worked with my participation in a voluntary Federal been unanimously signed by all con- two colleagues, and with the other con- program. ferees. ferees, to get us to this point. I know IDEA is a voluntary discretionary Mr. ROTH. Mr. President, as Chair- that my own staff has spent many long Federal program. Therefore, it is my man of the Governmental Affairs Com- hours over the past several months to understanding that IDEA is not subject mittee, I am pleased to join with the help in this effort, working closely to the provisions of the Unfunded Man- Senator from Idaho in bringing to the with the staffs of the other conferees. dates Reform Act of 1995 because it is floor this conference agreement on the The bill now before us represents a not considered a Federal intergovern- unfunded mandates legislation. In landmark reform in the relationship mental mandate. Is my understanding chairing the conference on S. 1, Sen- between the Federal Government, and correct? ator KEMPTHORNE did an excellent job State and local governments. I urge all Mr. EXON. The Senator is correct. of preserving the strong bipartisan sup- Senators to give it their strong sup- Because IDEA is a voluntary discre- port for this important reform that port. tionary Federal program, it is not con- was the hallmark of its passage in both Mr. KEMPTHORNE. Mr. President, I sidered a Federal intergovernmental Houses. thank Senator ROTH again, as I men- mandate. Therefore, none of the provi- This bill, as it now appears before us, tioned earlier, for his leadership and sions applicable to Federal intergov- is a careful balance of the demands for for the assistance of his staff, Frank ernmental mandates included in the strong, effective reform, with the ne- Polk and John Mercer. legislation apply to IDEA. cessity for reasonable procedures and TREATMENT OF DISABILITY LAWS UNDER THE Mr. HARKIN. As the Senator knows, practical requirements. For example, UNFUNDED MANDATES REFORM ACT OF 1995 part B of IDEA—also known as Public we have provided for judicial review of Mr. HARKIN. Mr. President, I would Law 94–142—was enacted in 1975. Both agency compliance with requirements like to enter into a colloquy with Sen- the House and Senate reports that ac- for certain types of analysis of regu- ators EXON and GLENN, floor managers company the original legislation clear- latory impacts but without allowing of the Unfunded Mandates Reform Act ly attribute the impetus for the act to such review to become a device that of 1995, regarding the impact of this two Federal court decisions rendered in grinds the regulatory process to a halt. legislation on the Americans With Dis- 1971 and 1972. As the Senate report We require agencies to seek the least abilities Act [ADA], title V of the Re- states, passage of the act followed a se- costly or least burdensome option habilitation Act of 1973, and the Indi- ries of landmark court cases estab- when developing regulations but we viduals With Disabilities Education lishing in law the right to education of only require that they do so for a rea- Act [IDEA]. all handicapped children. The U.S. Su- sonable number of alternatives. Mr. EXON. I would be pleased to preme Court in Smith v. Robinson, 468 We have also struck fair com- enter into a colloquy with my col- U.S. 992, recognized that part B of promises where the two versions of the league, Mr. HARKIN, who served as the IDEA is a comprehensive scheme set up legislation imposed differing require- chairman of the Subcommittee on Dis- by Congress to aid the States in com- ments. For example, we now require a ability Policy of the Committee on plying with their constitutional obliga- Congressional Budget Office analysis of Labor and Human Resources from 1987– tions to provide public education for any mandate on the private sector that 95 and is currently ranking member of handicapped children. The Court cited exceeds $100, million per year in costs the subcommittee. another portion of the Senate report, while the original Senate bill had set Mr. GLENN. I too would be pleased which stated, ‘‘It is the intent of the the threshold at $200, million and the to enter into a colloquy with Mr. HAR- Committee to establish and protect the House threshold had been $50, million. KIN, who was also the chief sponsor of right to education for all handicapped We have also tailored the point of order the ADA and the most recent bills re- children and to provide assistance to provisions to the unique procedural authorizing the Rehabilitation Act of the states in carrying out their respon- needs of each of the two Houses. 1973 and the IDEA. sibilities under State law and the Con- And while the legislation aims pri- Mr. HARKIN. The ADA and sections stitution of the United States to pro- marily at future Federal mandates in 503 and 504 of the Rehabilitation Act of vide equal protection under the law.’’ its point of order and regulatory proce- 1973 are civil rights statutes protecting The Supreme Court then explained dures provisions, it also acknowledges individuals from discrimination on the that ‘‘The [IDEA] was an attempt to that existing mandates may need to be basis of disability. It is my under- relieve the fiscal burden placed on rethought. It does this by charging the standing that these statutes are explic- States and localities by their responsi- Advisory Commission on Intergovern- itly excluded from coverage under the bility to provide education of all handi- mental Relations with studying and re- Unfunded Mandates Reform Act of 1995. capped children.’’ porting to us on effects of the current Is my understanding correct? It is my understanding that the pro- burdens imposed by such mandates. It Mr. GLENN. The Senator is correct. visions of the Unfunded Mandates Re- asks ACIR to recommend how best to The ADA and sections 503 and 504 of the form Act of 1995 do not apply to any end mandates that are obsolete or du- Rehabilitation Act of 1973 are explic- provision in a bill or joint resolution plicative. It also asks for recommenda- itly excluded from coverage under the before Congress that enforces constitu- tions on how we might grant State and Unfunded Mandates Reform Act of 1995. tional rights of individuals. In light of local governments more flexibility in Specifically, the bill provides that the the statements of congressional intent complying with those mandates that provisions of this Act shall not apply and the conclusions reached by the ought to be retained. to any provision in a bill or joint reso- U.S. Supreme Court, would you agree In doing all of this, the conferees lution before Congress and any provi- with me that IDEA enforces constitu- have developed a final version of this sion in any proposed or final Federal tional rights of individuals and as such much-needed reform that I can strong- regulation that establishes or enforces is excluded from coverage under the ly commend to my colleagues. This is any statutory rights that prohibit dis- Unfunded Mandates Reform Act of due in large measure, as I have already crimination on the basis of * * * handi- 1995? mentioned, to the diligent work of Sen- capped or disability status. Mr. EXON. I agree with the Senator’s ator KEMPTHORNE, who has long cham- Mr. HARKIN. I thank the Senator. It conclusion in light of the statements of pioned this reform. He and his staff are is also my understanding that the Un- congressional intent he cited to and

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3888 CONGRESSIONAL RECORD — SENATE March 14, 1995 the conclusions reached by the U.S. Su- and to make public such assessments for fed- able duty upon States, local governments, or preme Court. eral mandates costing more than $100 million tribal governments, except—(I) a condition Mr. HARKIN. It is also my under- to implement. of Federal assistance; or (II) a duty arising standing that the provisions of the Un- Both bills contain a section entitled ‘‘Lim- from participation in a voluntary Federal itation on Application.’’ 1 Section 4 of S. 1 program . . .’’ 5 IDEA provides funds to the funded Mandates Reform Act of 1995 do provides that ‘‘this part shall not apply to states so that they may provide a free appro- not apply to IDEA because, like the any provision in a Federal statute or a pro- priate public education to all children with ADA and section 504 of the Rehabilita- posed or final Federal regulation that—(1) disabilities. As a condition for the receipt of tion Act of 1973, IDEA is a civil rights enforces constitutional rights of individuals; these funds, the act contains detailed re- statute that establishes or enforces (2) establishes or enforces any statutory quirements for the provision of an education. statutory rights that prohibit discrimi- rights that prohibit discrimination on the Clearly, IDEA is a grants statute which im- nation on the basis of handicapped or basis of race, religion, gender, national ori- poses certain conditions upon the receipt of disability status. gin, handicapped or disability status, (3) re- federal funds. As such it would be covered by quires compliance with accounting and au- the exception quoted above. Mr. EXON. I agree with that conclu- diting procedures with respect to grants or IDEA may also be exempted from coverage sion. other money or property provided by the by virtue of the two exceptions regarding Mr. HARKIN. I thank the Senator for Federal Government; (4) provides for emer- constitutional rights and civil rights stat- entering into this colloquy with me. I gency assistance or relief at the request of utes.6 IDEA was originally enacted in 1975 in ask unanimous consent that a memo- any State, local government, or tribal gov- response to two judicial decisions 7 which randum prepared by the American Law ernment or any official of such a govern- found certain constitutional requirements Division of the Congressional Research ment; (5) is necessary for the national secu- for an education for children with disabil- Service regarding the applicability of rity or the ratification or implementation of ities. In addition, the Supreme Court in international treaty obligations; or (6) the the Unfunded Mandates Reform Act of Smith v. Robinson, 468 U.S. 992 (1984), stated President designates as emergency legisla- that ‘‘The EHA (now called IDEA) is a com- 1995 to the ADA, IDEA, and the Reha- tive and that the Congress so designates in prehensive scheme set up by Congress to aid bilitation Act of 1973 be printed in the statute.’’ It would appear that both the ADA the States in complying with their constitu- RECORD. and IDEA would be exempted from the re- tional obligations to provide public edu- Mr. GLENN. I thank the Senator for quirements of the Unfunded Mandate Act cation for handicapped children.’’ At 1009. It raising these important issues. based upon these exceptions, and IDEA could be argued that IDEA is, then, a statute Mr. EXON. I also wish to thank him would also come under the exception to the enacted to help enforce constitutional for raising these issues. definition of Federal Intergovernmental rights. Similarly, IDEA specifically states There being no objection, the memo- Mandate for conditions of financial assist- that part of its purpose is to assure that the ance. rights of children with disabilities and their randum was ordered to be printed in The ADA would apparently be covered by parents or guardians are protected.8 These the RECORD, as follows: the second exception, and possibly the first. rights are further defined in the statute. An CONGRESSIONAL RESEARCH SERVICE, The ADA provides, in part, that its purpose examination of the legislative history of the Washington, DC, January 23, 1995. is ‘‘to provide a clear and comprehensive na- act indicates that it was in response to the To: Senator Harkin, Attention: Bob Silver- tional mandate for the elimination of dis- exclusion of children with disabilities from a stein. crimination against individuals with disabil- public school education.9 Since exclusion From: American Law Division. ities.’’ 2 The legislative history of the stat- would appear to fall within the parameters Subject: Unfunded Federal Mandates Bill ute is replete with discussions of discrimina- of the term discrimination, it would appear and the Americans with Disabilities Act tory actions and comparisons with civil that IDEA could also be classified as a civil and the Individuals with Disabilities Edu- rights protections given to individuals on rights statute. cation Act. the basis of race.3 An examination of stat- We hope this information is useful to you. This memorandum is furnished in response utes that are commonly referred to as civil If we can be of further assistance, please call to your request for an analysis of the lan- rights statutes, for example, title VI of the us. guage of S. 1 and H.R. 5, 104th Cong., 1st Civil Rights Act of 1964, 42 U.S.C. § 2000d, in- KATHY SWENDIMAN, Sess., to determine if the Americans with dicates that the broadest common denomi- NANCY LEE JONES, Disabilities Act (ADA), 42 U.S.C. §§ 12101 et nator is that these statutes prohibit dis- Legislative Attorneys. seq., and the Individuals with Disabilities crimination against a particular class or par- FOOTNOTES ticular classes of individuals. Using this cri- Education Act (IDEA), 20 U.S.C. §§ 1400 et 1 teria, it would appear that the ADA would be Section 4 of H.R. 5 sets forth a ‘‘Limitation on seq., would be covered under these bills. It Application’’ section which is identical to that con- should be emphasized that these bills are considered to be a civil rights statute as the tained in S. 1 except for the addition, in committee, currently undergoing extensive debate and term is used in the second exception to the of a new (7) which reads ‘‘pertains to Social Secu- amendment. This memorandum is based on unfunded mandates legislation. It is also pos- rity’’. the language contained in the Senate bill as sible that the first exception, regarding stat- 2 42 U.S.C. § 12101(b)(1). 3 reported out of the Senate Governmental Af- utes that enforce constitutional rights, See generally, S. Rep. No. 116, 101st Cong., 1st might also be applicable to the ADA. The Sess. (1989). fairs Committee on January 11, 1995 and the 4 ADA states, in part, that its purpose is ‘‘to 42 U.S.C. § 12101(b)(4). Senate Budget Committee on January 12, 5 Section 3 of S. 1 and Section 301 of H.R. 5. 1995, and on the language contained in the invoke the sweep of congressional authority, 6 Section 4 (1) and (2) of S. 1 and H.R. 5 read as fol- House bill as reported out of the House Com- including the power to enforce the Four- lows: ‘‘This Act shall not apply to any provision in mittee on Rules on January 13, 1995. teenth Amendment and to regulate com- a Federal statute or a proposed or final Federal reg- These bills are both referred to as the ‘‘Un- merce, in order to address the major areas of ulation, that—(1) enforces constitutional rights of funded Mandate Reform Act of 1995.’’ Basi- discrimination faced day-to-day by people individuals; (2) establishes or enforces any statutory rights that prohibit discrimination on the basis of cally, both bills, with some variance in de- with disabilities.’’ 4 It could be argued that this language, coupled with findings con- race, religion, gender, national origin, or handi- tails, would establish new congressional pro- capped or disability status . . .’’ cedures for identifying and controlling cer- cerning the constitutional rights of individ- 7 PARC v. State of Pennsylvania, 343 F. Supp. 279 tain existing as well as new unfunded federal uals with disabilities such as were made in (E.D. Pa. 1972), and Mills v. Board of Education of the mandates. The bills set forth new congres- City of Cleburne v. Cleburne Living Center, 473 District of Columbia, 348 F. Supp. 866 (D.D.C. 1972). sional procedures that would prohibit the U.S. 432 (1985), would suffice to bring the 8 20 U.S.C. § 1400(c). 9 House and Senate from considering legisla- ADA under the first exception in the un- H. Rep. No. 332, 94th Cong., 1st Sess. 11 (1975); S. Rep. No. 168, 94th Cong., 1st Sess., reprinted in 1975 tion that creates new mandates or changes funded mandates legislation. IDEA would apparently be covered by the U.S. Code Cong. & Ad. News 1425, 1432. existing mandates from direct costs over a Mr. KEMPTHORNE. Mr. President, I statutory threshold unless it also includes a exception to the definition of federal inter- source of financing or a guarantee that any governmental mandate contained in Section know that the majority leader wishes such mandates will be repealed if the financ- 3 of S. 1 and Section 301 of H.R. 5 as well as to make comments on this issue. Until ing is not provided. Other provisions in the by the first two exceptions regarding the en- his arrival, I suggest the absence of a bills relate to the establishment of a Com- forcement of constitutional rights and the quorum. mission on Unfunded Federal Mandates that exception for civil rights statutes contained The PRESIDING OFFICER. Equally is required to review existing federal man- in the ‘‘Limitation on Application’’ provi- divided? dates to state, local, and tribal governments sions discussed above. The term ‘‘Federal Intergovernmental Mandate’’ is defined in Mr. KEMPTHORNE. Equally divided. and to the private sector, and to make rec- The PRESIDING OFFICER. Without ommendations regarding possible changes in both the Senate and House bills as meaning these mandates. There are also provisions re- ‘‘any provision in legislation, statute, or reg- objection, it is so ordered. quiring federal agencies to assess the effect ulation that—(i) would impose an enforce- The clerk will call the roll. of federal regulations on state, local and The assistant legislative clerk pro- tribal governments and on the private sector Footnotes at the end of the memorandum. ceeded to call the roll.

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3889 Mr. DORGAN. Mr. President, I ask sured by the Federal Government ended up owning bank junk bonds in a unanimous consent that the order for should be involved in any case or under casino. the quorum call be rescinded. any conditions in trading for their own That is the absurdity where we got The PRESIDING OFFICER. Without proprietary accounts in derivatives. It with junk bonds, and we will head the objection, it is so ordered. is far too risky and far too fraught same way with derivatives, mark my Mr. DORGAN. Mr. President, I ask with potential failure. words, unless we decide that institu- unanimous consent to speak as in In this case, the failure will be under- tions whose deposits are insured ought morning business for 5 minutes. written by the American taxpayers. We not to bet on derivatives. The PRESIDING OFFICER. Without have seen a chapter of this in the past. That is the purpose of my legislation. objection, it is so ordered. It was called junk bonds in savings and My hope is that several colleagues will f loans. Let us not see that repeat itself see fit to pass this legislation in the in this country with banks and deriva- ANTIDERIVATIVE LEGISLATION near future. I thank may colleague tives. from Ohio for indulging me with his Mr. DORGAN. Mr. President, I will Now, most American banks are not statement. soon introduce a piece of legislation involved in derivative trading. Ninety- Mr. GLENN. Mr. President, I suggest dealing with derivatives. The term ‘‘de- nine percent of them are not. But we the absence of a quorum. rivative’’ is not readily understood by have several very large banks in the I ask that the time be charged to most. country, some of the largest, that are both sides. We read in the newspapers and hear involved in derivatives, with risks up The PRESIDING OFFICER. The on television reports these days about to 500 percent of their entire capital clerk will call the roll. derivatives. The most recent news structure. The assistant legislative clerk pro- story, of course, was about a 28-year- I will introduce legislation that I in- ceeded to call the roll. old young fellow, an employee of the troduced in the previous Congress. It is Mr. GLENN. Mr. President, I ask Barings Bank of England, a 230-year- very simple. It does not prohibit tradi- unanimous consent that the order for old bank. tional hedging by financial institutions the quorum call be rescinded. This young employee of the Barings for the purposes of hedging risk. It does The PRESIDING OFFICER (Mr. Bank of England was stationed in prevent and prohibit institutions GRAMS). Without objection, it is so or- Singapore. In Singapore as an em- whose deposits are insured by the Fed- dered. ployee of an English bank he was bet- eral Government from trading on a ting on the Nikkei index on the Japa- proprietary basis in derivatives. That f nese stock exchange. Turns out that he makes no sense, and we ought to stop UNFUNDED MANDATE REFORM lost $1 billion, and a 230-year-old Brit- it. ish bank went under. ACT OF 1995—CONFERENCE RE- The fact is we have Federal regu- PORT This is not the first time we have lators involved in looking over their heard about derivatives. We heard shoulders on derivatives trading, but is The Senate continued with the con- about derivatives with respect to Or- like having traffic cops involved in sideration of the conference report. ange County, CA. We heard about de- looking at computer crime. It simply Mr. GLENN. Mr. President, in thank- rivative failures across this country in does not work. ing people who were instrumental in recent years and it has alarmed some We have a $30 to $35 trillion dollar putting together this kind of legisla- people, and justifiably so. Some who worldwide derivative business, and we tion, I think we probably were remiss thought their retirement earnings were see what can happen. We see what hap- in not thanking Tony Coe, who did so safe found out that the mutual fund pens when a 28-year-old, working for a much in the legislative counsel’s office they thought they invested in was, in British bank, living in Singapore, bets in putting together draft after draft fact, leveraged with derivatives. on Japanese stocks and loses $1 billion, after draft of this. Schoolteachers, school districts, cit- and everyone stands around looking I saw him walking through the ies, elderly people who had saved for surprised. Chamber a moment ago, and I want their retirement, all have discovered in We saw everyone scratching their him to step outside just for a moment. recent years the risk and potential heads looking surprised that Orange I say to Tony, we thank him for all his danger of derivative trading when they County went bankrupt. It is fine to efforts. I know he does long hours over do not know what they are doing. stand up and decide that the regulators in the legislative counsel’s office put- There are worldwide some $30 to $35 have to do their jobs, and we as legisla- ting together some of these legislative trillion in derivative contracts. tors ought to do ours, and ours ought proposals which have to be written and Derivatives in another manner and to be to say to all financial institu- rewritten, as this one was. another name can be simple hedging, tions in this country, if you have Fed- We were spelling out a while ago peo- and hedging is a very customary thing eral deposit insurance, you have no ple instrumental in getting this legis- to have happened. Banks hedge, farm- business trading in derivatives. lation through, and Tony certainly de- ers hedge. Hedging is a customary The American taxpayers do not de- serves to be commended for his efforts transaction. I have no trouble with serve to be stuck with your losses if on behalf of this legislation, too, and that. Derivatives have become an you want to gamble with their money. we are glad to recognize him for it. international financial game and, in I hope some of my colleagues would see Mr. KEMPTHORNE addressed the fact, some countries call it wagering or merit in this legislation and help me Chair. betting. pass it. The PRESIDING OFFICER. The Sen- In this country, we have some very I recall the legislation that I offered ator from Idaho. large banks that have begun trading in that finally passed the Congress pro- Mr. KEMPTHORNE. Mr. President, I derivatives on their own account. They hibiting savings and loans from buying want to add my thanks also to Mr. are involved in proprietary trading and junk bonds. There was a struggle to get Tony Coe and all that he has done. I derivatives in their own account. Not that passed, but I finally did. The rea- think so often people do not realize the for customers. son I got it passed was, unfortunately, intricacies of this and the hours that The difficulty I have with that is we had already lost a bundle by having are put in, and yet, time after time, we when a financial institution whose de- S&L’s buy junk bonds. They are up to require staff to answer the call. Tony posits are insured by the American tax- their neck in debt with junk bonds. has done that in an exemplary fashion. payers with Federal deposit insurance, It should never have happened. The We thank him for that. He has helped starts putting up a keno pit in their ultimate absurdity was the Federal significantly, I think, in changing the lobby and gambling effectively on de- Government ended up owning junk mindset of how Congress will operate rivatives, believing if they lose their bonds in the Taj Mahal Casino because and he can be proud of it. shirt, the American taxpayers will pay. an S&L that went bankrupt owned Taj Mr. President, I suggest the absence That is wrong. I do not believe finan- Mahal junk bonds that were nonper- of a quorum and ask that the time be cial institutions whose deposits are in- formers and the Federal Government equally divided.

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3890 CONGRESSIONAL RECORD — SENATE March 14, 1995 The PRESIDING OFFICER. Without But no Senator worked harder than MORNING BUSINESS objection, it is so ordered. The clerk our colleague from Idaho, Senator DIRK (During the session of the Senate, the will call the roll. KEMPTHORNE. He came to the Senate as following morning business was trans- The assistant legislative clerk pro- a mayor, with front-line experience acted.) ceeded to call the roll. coping with the Federal Government Mr. DOLE. Mr. President, I ask unan- telling him how to run Boise, ID. When f imous consent that the order for the he ran for the Senate, he promised the quorum call be rescinded. people of Idaho he would fight to stop MESSAGES FROM THE PRESIDENT The PRESIDING OFFICER. Without unfunded mandates. He kept his prom- Messages from the President of the objection, it is so ordered ise. The first bill he introduced was an Mr. DOLE. Mr. President, was lead- United States were communicated to unfunded mandates bill—and it at- the Senate by Mr. Thomas, one of his er’s time reserved? tracted only three cosponsors. But that The PRESIDING OFFICER. Yes, it secretaries. did not stop him. He kept pushing, and was. Mr. DOLE. Mr. President, one of the he helped mobilize the mayors, county f commissioners, and Governors, who first decisions I had to make as major- EXECUTIVE MESSAGES REFERRED ity leader was which bill should be des- stepped up their efforts. After he got ignated S. 1. When I considered the more than 51 cosponsors on his un- As in executive session the Presiding message the American people sent us funded mandates bill, he worked across Officer laid before the Senate messages last November, the decision was easy. I the aisle to write a bipartisan bill. from the President of the United chose Senator KEMPTHORNE’s unfunded After that effort was blocked late last States submitting sundry nominations mandates bill, because it shows we are year, he spent the recess writing a bet- which were referred to the appropriate serious about reining in the power of ter, tougher bill. He then spent 11 days committees. the Federal Government. and nights tirelessly debating and (The nominations received today are The 10th amendment to the U.S. Con- managing the bill on the floor, and 40 printed at the end of the Senate pro- stitution reads: days and nights—it seems there is ceedings.) The powers not delegated to the United something else about 40 days and States by the Constitution, nor prohibited nights—getting it through the con- f by it to the States, are reserved to the ference, successfully resisting efforts States, respectively, or to the people. to weaken it. MESSAGES FROM THE HOUSE When the 104th Congress convened, I All that work has produced a strong At 11:44 a.m., a message from the pledged that we would dust off the 10th bill that all of us can be proud of, and House of Representatives, delivered by amendment, and restore it to its right- all of us should vote for. Mr. Hays, one of its reading clerks, an- ful place in the Constitution. A few weeks ago, I told mayors they nounced that the House has passed the The unfunded mandates bill is the should send Senator KEMPTHORNE and following bill, in which it requests the first step in the important process of Senator GLENN keys to their cities to concurrence of the Senate: returning power to the States and to thank them for their efforts. H.R. 956. An act to establish legal stand- the people. For far too long, Congress I do not know if they have received ards and procedures for product liability liti- has operated under the false assump- any keys yet, but if you can use some, gation, and for other purposes. tion that legislation that did not affect maybe I can round them up. Maybe by The message also announced that the the Federal Government had no cost. now you both have a pocketful of keys, House insists upon its amendment to But, ask any mayor, Governor, county and I am certain there are more on the (S. 244) An act to further the goals of commissioner, or school board offi- way. the Paperwork Reduction Act to have cial—or any State and local taxpayer— After all, our Nation’s mayors, Gov- Federal agencies become more respon- and they will tell you otherwise. ernors, county commissioners, and tax- sible and publicly accountable for re- This law will change the way we do payers would be hard pressed to find a ducing the burden of Federal paper- business in Washington. Under busi- better friend than Senator DIRK KEMP- work on the public, and for other pur- ness-as-usual, Congress had the costly THORNE. poses, and asks a conference with the habit of giving State and local govern- Mr. President, I urge all of my col- Senate on the disagreeing votes of the ments new responsibilities without leagues to vote for S. 1, and I urge two Houses thereon; and appoints Mr. supplying the money to pay for these President Clinton to sign it into law at CLINGER, Mrs. MEYERS of Kansas, Mr. new obligations. Those unfunded man- the earliest possible date. MCHUGH, Mr. MCINTOSH, Mr. FOX of dates have forced State and local offi- Mr. KEMPTHORNE. Mr. President, I Pennsylvania, Mrs. COLLINS of Illinois, cials to cut services or increase taxes wish to echo what America’s mayors, Mr. PETERSON of Minnesota, and Mr. in order to keep their budgets in bal- Governors, and county commissioners WISE as the managers of the conference ance. are saying, and that is their gratitude on the part of the House. The unfunded mandates law will be a to Senator DOLE for designating this reality check for advocates of new bill S. 1. That sort of stamp of priority f mandates: the Federal Government by the majority leader of the Senate should know and pay for the costs of went a long way toward helping propel MEASURES READ THE FIRST TIME mandates before imposing them on this legislation toward what we believe The following bill was read the first State and local governments, and the tomorrow will be its successful conclu- time: Federal Government should know the sion. H.R. 956. An act to establish legal stand- costs and impacts before imposing So again, on behalf of America’s ards and procedures for product liability liti- them on the private sector. mayors, Governors, and myself, I gation, and for other purposes. This law will provide real relief to thank the Senator for the honor of State and local governments, and to having this legislation designated S. 1. f the people who ultimately pay the bills Mr. President, I am prepared to yield for unfunded mandates—individual back the remainder of my time. EXECUTIVE AND OTHER American taxpayers. Mr. GLENN. I yield back my time. COMMUNICATIONS I am pleased that this bill will pass The PRESIDING OFFICER. All time The following communications were with strong bipartisan support, and has expired. The vote is scheduled to be laid before the Senate, together with there are a lot of Senators who deserve held tomorrow. accompanying papers, reports, and doc- credit for this initiative’s success. Sen- Mr. GLENN. Parliamentary inquiry, uments, which were referred as indi- ator GLENN has led the effort on the Mr. President. The vote, as I under- cated: Democratic side of the aisle, and Sen- stand it, will be the second vote tomor- EC–512. A communication from the Chair- ators DOMENICI and ROTH are among row. Is that correct? man of the Council of the District of Colum- those who have also worked hard for The PRESIDING OFFICER. That is bia, transmitting, pursuant to law, copies of this bill. correct. D.C. Act 11–12 adopted by the Council on

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3891 February 7, 1995; to the Committee on Gov- INTRODUCTION OF BILLS AND by the Department of Veterans Affairs; ernmental Affairs. JOINT RESOLUTIONS to the Committee on Veterans’ Affairs. EC–513. A communication from the Chair- The following bills and joint resolu- THE WOMEN VETERANS’ MAMMOGRAPHY man of the Council of the District of Colum- tions were introduced, read the first QUALITY STANDARDS ACT bia, transmitting, pursuant to law, copies of ∑ Mr. ROCKEFELLER. Mr. President, D.C. Act 11–16 adopted by the Council on and second time by unanimous con- sent, and referred as indicated: for a number of years, I have been ac- February 7, 1995; to the Committee on Gov- tive—both through legislation and ernmental Affairs. By Mr. THURMOND: oversight activity—in seeking to im- S. 546. A bill for the relief of Dan Aurel EC–514. A communication from the Chair- prove VA’s response to women vet- man of the Council of the District of Colum- Suciu; to the Committee on the Judiciary. bia, transmitting, pursuant to law, copies of By Mr. SIMON: erans. While there has been some D.C. Act 11–17 adopted by the Council on S. 547. A bill to extend the deadlines appli- progress, much remains to be done. February 7, 1995; to the Committee on Gov- cable to certain hydroelectric projects under During the last Congress, we were ernmental Affairs. the Federal Power Act, and for other pur- poised to make some significant im- EC–515. A communication from the Chair- poses; to the Committee on Energy and Nat- provements, particularly in defining man of the Council of the District of Colum- ural Resources. which services VA must furnish to bia, transmitting, pursuant to law, copies of By Mr. ROCKEFELLER: women veterans. Unfortunately, that D.C. Act 11–18 adopted by the Council on S. 548. A bill to provide quality standards for mammograms performed by the Depart- legislation, along with other vital February 7, 1995; to the Committee on Gov- measures, died in the closing hours of ernmental Affairs. ment of Veterans Affairs; to the Committee on Veterans Affairs. the Congress. While those issues may EC–516. A communication from the Chair- By Mr. BUMPERS: still be brought into play on legislation man of the Council of the District of Colum- S. 549. A bill to extend the deadline under later on this year, one element of our bia, transmitting, pursuant to law, copies of the Federal Power Act applicable to the con- prior effort can clearly be separated D.C. Act 11–19 adopted by the Council on struction of three hydroelectric projects in February 7, 1995; to the Committee on Gov- out at this time and dealt with on its the State of Arkansas; to the Committee on own merits—and that’s what the bill I ernmental Affairs. Energy and Natural Resources. EC–517. A communication from the Chair- By Mr. EXON: am introducing today will do. man of the Council of the District of Colum- S. 550. A bill to amend the National Labor BACKGROUND bia, transmitting, pursuant to law, copies of Relations Act and the Railway Labor Act to Mr. President, the bill I am intro- D.C. Act 11–21 adopted by the Council on prevent discrimination based on participa- ducing, which is cosponsored by Sen- February 7, 1995; to the Committee on Gov- tion in labor disputes; to the Committee on ators AKAKA, JEFFORDS, MIKULSKI, ernmental Affairs. Labor and Human Resources. MOSELEY-BRAUN, and MURKOWSKI, EC–518. A communication from the Chair- By Mr. CRAIG: would ensure that women veterans will man of the Council of the District of Colum- S. 551. A bill to revise the boundaries of the receive safe and accurate mammo- bia, transmitting, pursuant to law, copies of Hagerman Fossil Beds National Monument D.C. Act 11–22 adopted by the Council on and the Craters of the Moon National Monu- grams. Under this measure, VA facili- February 7, 1995; to the Committee on Gov- ment, and for other purposes; to the Com- ties that furnish mammography would ernmental Affairs. mittee on Energy and Natural Resources. be required to meet quality assurance EC–519. A communication from the Chair- By Mr. BURNS (for himself and Mr. and quality control standards that are man of the Council of the District of Colum- BAUCUS): no less stringent than those to which bia, transmitting, pursuant to law, copies of S. 552. A bill to allow the refurbishment other mammography providers are sub- D.C. Act 11–23 adopted by the Council on and continued operation of a small hydro- ject under the Mammography Quality February 7, 1995; to the Committee on Gov- electric facility in central Montana by ad- Standards Act. VA facilities that con- ernmental Affairs. justing the amount of charges to be paid to the United States under the Federal Power tract with non-VA facilities would be EC–520. A communication from the Chair- Act, and for other purposes; to the Com- required to contract only with facili- man of the Council of the District of Colum- mittee on Energy and Natural Resources. ties that comply with that act. I will bia, transmitting, pursuant to law, copies of By Ms. MOSELEY-BRAUN: now highlight briefly the provisions D.C. Act 11–24 adopted by the Council on S. 553. A bill to amend the Age Discrimina- February 7, 1995; to the Committee on Gov- contained in this legislation. tion in Employment Act of 1967 to reinstate ernmental Affairs. SUMMARY OF PROVISIONS an exemption for certain bona fide hiring EC–521. A communication from the Dis- Mr. President, this legislation would and retirement plans applicable to State and establish quality standards for mam- trict of Columbia Auditor, transmitting, pur- local firefighters and law enforcement offi- suant to law, the report entitled ‘‘Audit of cers, and for other purposes; to the Com- mography services furnished by VA the Operations of the Office of the Campaign mittee on Labor and Human Resources. which would: Finance’’; to the Committee on Govern- By Mr. FEINGOLD: First, require that all VA facilities mental Affairs. S. 554. A bill to amend the provisions of ti- that furnish mammography be accred- EC–522. A communication from Comp- tles 5 and 28, United States Code, relating to ited by a private nonprofit organiza- troller General of the United States, trans- equal access to justice, award of reasonable tion designated by the Secretary of mitting, pursuant to law, the report entitled costs and fees, hourly rates for attorney fees, Veterans Affairs. ‘‘Independence of Legal Services’’; to the administrative settlement officers, and for Second, require the Secretary to des- Committee on Governmental Affairs. other purposes; to the Committee on the Ju- ignate only an accrediting body that EC–523. A communication from Adminis- diciary. By Mrs. KASSEBAUM (for herself, Mr. meets the standards for accrediting trator of General Services Administration, bodies issued by the Secretary of transmitting, pursuant to law, the report on KENNEDY, and Mr. FRIST): the disposal of surplus Federal real property; S. 555. A bill to amend the Public Health Health and Human Services for pur- to the Committee on Governmental Affairs. Service Act to consolidate and reauthorize poses of accrediting mammography fa- EC–524. A communication from Chairman health professions and minority and dis- cilities subject to the Mammography of the Administrative Conference of the advantaged health education programs, and Quality Standards Act of 1992—Public United States, transmitting, a draft of pro- for other purposes; to the Committee on Law 102–539. posed legislation to amend the Administra- Labor and Human Resources. Third, require the Secretary, in con- tive Conference Act; to the Committee on By Mr. KERRY (for himself and Mr. sultation with the Secretary of Health Governmental Affairs. KENNEDY): S. 556. A bill to amend the Trade Act of and Human Services, to issue quality EC–525. A communication from the Inspec- 1974 to improve the provision of trade read- assurance and quality control stand- tor General Agency for International Devel- justment allowances during breaks in train- ards for mammography services fur- opment, transmitting, pursuant to law, the ing, and for other purposes; to the Com- nished in VA facilities that would be report of an audit; to the Committee on Gov- mittee on Finance. no less stringent than the Department ernmental Affairs. f of Health and Human Services regula- EC–526. A communication from Chairman tions to which other mammography of the Administrative Conference of the STATEMENTS ON INTRODUCED providers are subject under the Mam- United States, transmitting, pursuant to BILLS AND JOINT RESOLUTIONS law, the report entitled ‘‘Toward Improved mography Quality Standards Act of Agency Dispute Resolution: Implementing By Mr. ROCKEFELLER: 1992. the ADR Act’’; to the Committee on Govern- S. 548. A bill to provide quality Fourth, require the Secretary to mental Affairs. standards for mammograms performed issue such regulations not later than

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3892 CONGRESSIONAL RECORD — SENATE March 14, 1995 120 days after enactment of this legis- ment of Veterans Affairs facility unless that manent replacement workers for the lation. facility is accredited for that purpose by a first 60 days of a strike. Then perma- Fifth, require the Secretary to in- private nonprofit organization designated by nent replacements could be gradually spect mammography equipment oper- the Secretary of Veterans Affairs. The orga- phased in over a 12-month period so nization designated by the Secretary under ated by VA facilities on an annual this subsection shall meet the standards for that an employer could hire 100 percent basis in a manner consistent with re- accrediting bodies establishing by the Sec- of their work force as permanent re- quirements contained in the Mammog- retary of Health and Human Services under placements by the end of a year. raphy Quality Standards Act con- section 354(e) of the Public Health Service I believe that those two warring fac- cerning annual inspections of mam- Act (42 U.S.C. 263b(e)). tions—management and labor—need to mography equipment by the Secretary (b) QUALITY STANDARDS.—(1) Not later than focus more on what is in our Nation’s of Health and Human Services, except 120 days after the date of the enactment of long-term best interests and less on that the Secretary of Veterans’ Affairs this Act, the Secretary of Veterans Affairs shall prescribe quality assurance and quality getting and keeping an upper hand. I would not have the authority to dele- control standards relating to the perform- caution either side from thinking that gate inspection responsibilities to a ance and interpretation of mammograms and crushing blows or complete victories State agency. use of mammogram equipment and facilities are within reach. They are not. I have Sixth, require VA health care facili- by personnel of the Department of Veterans proposed my idea before but neither ties that provide mammography Affairs. Such standards shall be no less strin- side wanted to take the first step. through contracts with non-VA pro- gent than the standards prescribed by the To management I say you have lever- Secretary of Health and Human Services viders to contract only with mammog- aged a rarely used practice into what is raphy providers that comply with the under section 354(f) of the Public Health Service Act. now the sledgehammer of negotiations. Department of Health and Human (2) The Secretary of Veterans Affairs shall The right to strike hangs by the thread Services’ quality assurance and quality prescribe standards under this subsection in that separates the difference between control regulations. consultation with the Secretary of Health being fired and being permanently re- Seventh, require the Secretary, not and Human Services. placed. To labor I say the global econ- later than 180 days after the Secretary (c) INSPECTION OF DEPARTMENT EQUIP- omy has remade the rules. Inter- prescribes the mammography quality MENT.—(1) The Secretary of Veterans Affairs national competitiveness may mean assurance and quality control regula- shall, on an annual basis, inspect the equip- ment and facilities utilized by and in Depart- that labor will have to settle for less tions, to submit a report to the House than the whole loaf sometimes. and Senate Committees on Veterans’ ment of Veterans Affairs health-care facili- ties for the performance of mammograms in I voted against NAFTA and against Affairs on the implementation of those order to ensure the compliance of such GATT for various reasons, but some of regulations. equipment and facilities with the standards the most important involved my con- CONCLUSION prescribed under subsection (b). Such inspec- cern that our chase for cheap labor Mr. President, in closing, I emphasize tion shall be carried out in a manner con- would erode the ground under our sistent with the inspection of certified facili- just how vital improving VA health workers and the standard of living in services for women veterans is to VA’s ties by the Secretary of Health and Human Services under section 354(g) of the Public America. But that is over and done future. Regardless of the outcome of Health Services Act. with. We can shore up as best we can, national health care reform efforts, (2) The Secretary of Veterans Affairs may but I fear the erosion may continue, progress on health care reform at the not delegate the responsibility of such sec- not subside. State level dictates that VA must com- retary under paragraph (1) to a State agency. The two old bulls, labor and manage- pete directly with non-VA providers. In (d) APPLICATION OF STANDARDS TO CON- ment, are still at it, with their horns addition, the State plans probably will TRACT PROVIDERS.—The Secretary of Vet- locked, straining. The harmful effects erans Affairs shall ensure that mammograms provide veterans entitled to VA care, of that intransigence can be seen in the many of whom are presently uninsured, performed for the Department of Veterans Affairs under contract with any non-Depart- festering sore of professional baseball. a wider range of health care choices. ment facility or provider conform to the They often threaten to pull the Senate Under this scenario, VA would have to quality standards prescribed by the Sec- into the trenches and seem to have furnish a full continuum of health serv- retary of Health and Human Services under done so once again. ices, including quality mammography, section 354 of the Public Health Service Act. Mr. President, I make this appeal: in order to compete successfully for (e) REPORT.—(1) The Secretary of Veterans Congress has the power to step in and Affairs shall submit to the Committees on women veteran patients. set some ground rules instead of being This bill would hold VA to the mam- Veterans’ Affairs of the Senate and House of Representatives a report on the quality pushed this way and pushed that. Let mography standards required of other us take this opportunity to impose providers. Anything less would deny standards prescribed by the Secretary under subsection (b)(1). some order, set some rules, then hope- the great debt we owe to the coura- (2) The Secretary shall submit the report fully set this issue aside and see if such geous women who have sacrificed not later than 180 days after the date on a resolution works. themselves in service to our Nation. which the Secretary prescribes such regula- Under my bill, management is barred Mr. President, I look forward to tions. from simply replacing workers perma- working with the chairman of the Com- (f) DEFINITION.—In this section, the term nently the day after the strike. Cer- mittee on Veterans’ Affairs, Senator ‘‘mammogram’’ shall have the meaning tainly management can keep the plant SIMPSON, the cosponsors of this bill, given such term in section 354(a)(5) of the open, if they choose, with temporary and the other members of the com- Public Health Service Act (42 U.S.C. 263b(a)).∑ workers. Labor knows, however, that mittee to gain prompt action on it in the meter is running under my bill and our committee and the Senate. I ask By Mr. EXON: that the effect of the strike is dimin- unanimous consent that the text of the S. 550. A bill to amend the National ished with time. bill be printed in the RECORD. Labor Relations Act and the Railway There being no objection, the bill was For example, after 60 days, the em- Labor Act to prevent discrimination ployer can hire 10 percent of the work ordered to be printed in the RECORD, as based on participation in labor dis- follows: force as replacements, permanent re- putes; to the Committee on Labor and placements; after 90 days, 20 percent; S. 548 Human Resources. after 4 months, 30 percent; after 5 Be it enacted by the Senate and House of Rep- LABOR DISPUTE LEGISLATION months, 40 percent; after 6 months, 50 resentatives of the United States of America in Mr. EXON. Mr. President, I rise percent; after 9 months, 75 percent; and Congress assembled, today to introduce a bill which I hope— after 1 year, 100 percent, if that is the SECTION 1. SHORT TITLE. desire of management. This Act may be cited as the ‘‘Women Vet- and I emphasize ‘‘I hope’’—will serve as erans’ Mammography Quality Standards a common ground for the two warring Management will say that the 60-day Act’’. factions very prominent in our society ban is too long, while labor will say SEC. 2. MAMMOGRAPHY QUALITY STANDARDS. today. that a year before being completely re- (a) PERFORMANCE OF MAMMOGRAMS.—Mam- My bill amends the Federal labor law placed is too short. I say that sounds mograms may not be performed at a Depart- by providing a short-term ban on per- like the start of a good compromise.

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3893 Congress can break this logjam, and I in subsection (a)(6) unless the employer com- SEC. . PREVENTION OF DISCRIMINATION DUR- think it should. I do not believe this is piles with the requirements under paragraph ING AND AT THE CONCLUSION OF (2). RAILWAY LABOR DISPUTES. a matter to be resolved by Executive Paragraph Fourth of section 2 of the Rail- ‘‘(2)(A) An employer may hire a permanent order but, rather, by law. I think this way Labor Act (45 U.S.C. 152) is amended— replacement for an employee described in proposal can satisfy well-meaning and (1) by inserting ‘‘(a)’’ after ‘‘Fourth.’’; subsection (a)(6)(A) during the period begin- (2) by adding at the end thereof the fol- well-intentioned people on both sides ning 61 days after the date of the commence- of the issue and may help us to look lowing new subsections: ment of a dispute described in subsection ‘‘(b) Subject to subsection (c), no carrier, forward in both the Senate and this (a)(6) and ending 90 days after the date of country to something better. or officer or agent of the carrier, shall prom- such commencement. The total number of ise, threaten or take other action— Mr. President, I suggest that we look replacements made under this subsection ‘‘(1) to hire a permanent replacement for ahead to the 21st century. Let us quit during such period shall not exceed 10 per- an employee who— sticking our heads in the sand with cent of the total number of employees who ‘‘(A) at the commencement of a dispute meaningless gestures. Anyone who is were in the bargaining unit described in sub- was an employee of the carrier in a craft or looking beyond next year or the next section (a)(6)(A)(i) on the date of the com- class in which a labor organization was the mencement of the dispute. election, who truly believes in collec- designated or authorized representative or, ‘‘(B) An employer may hire a permanent tive bargaining, should recognize that on the basis of written authorizations by a replacement for an employee described in majority of the craft or class, was seeking to international competition in the 21st subsection (a)(6)(A) during the period begin- be so designated or authorized; and century demands labor/management ning 91 days after the date of the commence- ‘‘(B) in connection with that dispute has cooperation and not war. ment of a dispute described in subsection exercised the right to join, to organize, to as- I submit it is not fair or reasonable (a)(6) and ending 120 days after the date of sist in organizing, or to bargain collectively to expect a union worker to strike for such commencement. The total number of through that labor organization; or economic grievances when he or she replacements made under this subsection ‘‘(2) to withhold or deny any other employ- could lose their job the very first day during such period shall not exceed 20 per- ment right or privilege to an employee, who that they dare walk the picket line. cent of the total number of employees who meets the criteria of subparagraphs (A) and were in the bargaining unit described in sub- (B) of paragraph (1) and who is working for Some collective bargaining. With just section (a)(6)(A)(i) on the date of the com- or has unconditionally offered to return to a little bit of backbone and a little bit mencement of the dispute. work for the carrier, out of a preference for of reason and a little bit of under- ‘‘(C) An employer may hire a permanent any other individual that is based on the fact standing, we could properly correct replacement for an employee described in that the individual is employed, was em- this situation that continues to tear subsection (a)(6)(A) during the period begin- ployed, or indicated a willingness to be em- American labor and management ning 121 days after the date of the com- ployed during the dispute. apart. mencement of a dispute described in sub- ‘‘(c)(1) A carrier, or an officer or agent of Mr. President, I ask unanimous con- section (a)(6) and ending 150 days after the the carrier, may not hire a permanent re- placement for an employee under subsection sent that the text of the bill be printed date of such commencement. The total num- ber of replacements made under this sub- (b) unless the carrier or officer or agent com- in the RECORD. section during such period shall not exceed plies with the requirements under paragraph There being no objection, the bill was 30 percent of the total number of employees (2). ordered to be printed in the RECORD, as who were in the bargaining unit described in ‘‘(2)(A) A carrier, or an officer or agent of follows: subsection (a)(6)(A)(i) on the date of the the carrier, may hire a permanent replace- S. 550 commencement of the dispute. ment for an employee described in sub- section (b) during the period beginning 61 Be it enacted by the Senate and House of ‘‘(D) An employer may hire a permanent days after the date of commencement of a Representatives of the United States of America replacement for an employee described in dispute described in subsection (b) and end- in Congress assembled, subsection (a)(6)(A) during the period begin- ning 151 days after the date of the com- ing 90 days after the date of such commence- SEC. 1. PREVENTION OF DISCRIMINATION DUR- ment. The total number of replacements ING AND AT THE CONCLUSION OF mencement of a dispute described in sub- LABOR DISPUTES. section (a)(6) and ending 180 days after the made under this subsection during such pe- Section 8 of the National Labor Relations date of such commencement. The total num- riod shall not exceed 10 percent of the total Act (29 U.S.C. 158) is amended— ber of replacements made under this sub- number of employees who were in the craft (1) in subsection (a)— section during such period shall not exceed or class described in subsection (b). (A) by striking the period at the end of 40 percent of the total number of employees ‘‘(B) A carrier, or an officer or agent of the paragraph (5) and inserting ‘‘: or’’; and who were in the bargaining unit described in carrier, may hire a permanent replacement (B) by adding at the end thereof the fol- subsection (a)(6)(A)(i) on the date of the for an employee described in subsection (b) lowing new paragraph: commencement of the dispute. during the period beginning 91 days after the ‘‘(6) subject to subsection (h), to promise, date of commencement of a dispute described ‘‘(E) An employer may hire a permanent in subsection (b) and ending 120 days after threaten, or take other action— replacement for an employee described in ‘‘(A) to hire a permanent replacement for the date of such commencement. The total subsection (a)(6)(A) during the period begin- number of replacements made under this an employee who— ning 181 days after the date of the com- ‘‘(i) at the commencement of a labor dis- subsection during such period shall not ex- mencement of a dispute described in sub- pute was an employee of the employer in a ceed 20 percent of the total number of em- section (a)(6) and ending 270 days after the bargaining unit in which a labor organiza- ployees who were in the craft or class de- date of such commencement. The total num- tion was the certified or recognized exclusive scribed in subsection (b). ber of replacements made under this sub- representative. or, on the basis of written ‘‘(C) A carrier, or an officer or agent of the section during such period shall not exceed authorizations by a majority of the employ- carrier, may hire a permanent replacement 50 percent of the total number of employees ees, was seeking to be so certified or recog- for an employee described in subsection (b) who were in the bargaining unit described in nized; and during the period beginning 121 days after subsection (a)(6)(A)(i) on the date of the ‘‘(ii) in connection with the dispute has en- the date of commencement of a dispute de- commencement of the dispute. gaged in converted activities for the purpose scribed in subsection (b) and ending 150 days of collective bargaining or other mutual aid ‘‘(F) An employer may hire a permanent after the date of such commencement. The or protection through that labor organiza- replacement for an employee described in total number of replacements made under tion; or subsection (a)(6)(A) during the period begin- this subsection during such period shall not ‘‘(B) to withhold or deny any other em- ning 271 days after the date of the com- exceed 30 percent of the total number of em- ployment right or privilege to an employee, mencement of a dispute described in sub- ployees who were in the craft or class de- who meets the criteria of clauses (i) and (ii) section (a)(6) and ending 360 days after the scribed in subsection (b). of subparagraph (A) and who is working for date of such commencement. The total num- ‘‘(D) A carrier, or an officer or agent of the or has unconditionally offered to return to ber of replacements made under this sub- carrier, may hire a permanent replacement work for the employer, out of a preference section during such period shall not exceed for an employee described in subsection (b) for any other individual that is based on the 75 percent of the total number of employees during the period beginning 151 days after fact that the individual is performing, has who were in the bargaining unit described in the date of commencement of a dispute de- performed, or has indicated a willingness to subsection (a)(6)(A)(i) on the date of the scribed in subsection (b) and ending 180 days perform bargaining unit work for the em- commencement of the dispute. after the date of such commencement. The ployer during the labor dispute.’’; and ‘‘(G) An employer may hire a permanent total number of replacements made under (2) by adding at the end thereof the fol- replacement for an employee described in this subsection during such period shall not lowing new subsection: subsection (a)(6)(A) effective 361 days after exceed 40 percent of the total number of em- ‘‘(h)(1) An employer may not hire a perma- the date of the commencement of a dispute ployees who were in the craft or class de- nent replacement for an employee described described in subsection (a)(6).’’. scribed in subsection (b).

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3894 CONGRESSIONAL RECORD — SENATE March 14, 1995 ‘‘(E) A carrier, or an officer or agent of the bona fide hiring and retirement plans As a general rule, the Age Discrimi- carrier, may hire a permanent replacement applicable to State and local fire- nation in Employment Act prohibits for an employee described in subsection (b) fighters and law enforcement officers, employers from discriminating against during the period beginning 181 days after and for other purposes; to the Com- workers solely on the basis of age, and the date of commencement of a dispute de- scribed in subsection (b) and ending 270 days mittee on Labor and Human Resources. generally prohibits the use of manda- after the date of such commencement. The THE AGE DISCRIMINATION IN EMPLOYMENT tory retirement and maximum hiring total number of replacements made under AMENDMENTS OF 1995 ages. this subsection during such period shall not ∑ Ms. MOSELEY-BRAUN. Mr. Presi- Prior to Congress enacting an exemp- exceed 50 percent of the total number of em- dent, I introduce the Age Discrimina- tion in 1986, the Age Discrimination in ployees who were in the craft or class de- tion in Employment Amendments of Employment Act allowed State and scribed in subsection (b). 1995, legislation designed to give State local governments to use mandatory ‘‘(F) A carrier, or an officer or agent of the retirement and maximum hiring ages carrier, may hire a permanent replacement and local governments the same right for an employee described in subsection (b) to set mandatory retirement ages and for their public safety officers only if during the period beginning 271 days after maximum hiring ages for their police they could prove in court that these the date of commencement of a dispute de- and firefighters that the Federal Gov- rules were bona fide occupational scribed in subsection (b) and ending 360 days ernment currently enjoys. qualifications [BFOQ’s] reasonably after the date of such commencement. The Throughout the 104th Congress, there necessary for the normal operation of total number of replacements made under has been a great deal of discussion the business. this subsection during such period shall not about the need for those of us in this Although this approach sounds rea- exceed 75 percent of the total number of em- body to hold ourselves accountable to sonable, courts in some jurisdictions ployees who were in the craft or class de- scribed in subsection (b). the same standards other Americans ruled limits permissible while identical ‘‘(G) A carrier, or an officer or agent of the have to meet. limits were held impermissible in other carrier, may hire a permanent replacement We have debated and passed congres- jurisdictions. For example, the Mis- for an employee described in subsection (b) sional coverage legislation, which will souri Highway Patrol’s maximum hir- effective 361 days after the date of com- apply to Congress a number of laws ing age of 32 was upheld while Los An- mencement of a dispute described in sub- that have already been applied to the geles County Sheriff’s maximum hiring section (b).’’. private sector. We have also debated age of 35 was not. East Providence’s By Mr. BURNS (for himself and and passed unfunded mandates legisla- mandatory retirement age of 60 for po- Mr. BAUCUS): tion in order to ensure that the Federal lice officers was upheld while Penn- S. 552. A bill to allow the refurbish- Government does not impose mandates sylvania’s mandatory retirement age of ment and continued operation of a on State and local governments with- 60 was struck down. small hydroelectric facility in central out the funding necessary to cover the As a result, no State or local govern- Montana by adjusting the amount of cost of those mandates. ment could be sure of the legality of its charges to be paid to the United States The legislation I am introducing hiring or retirement policies. They under the Federal Power Act, and for today is based on this same basic could, however, be sure of having to other purposes; to the Committee on theme. Currently, the Federal Govern- spend scarce financial resources to de- Energy and Natural Resources. ment enjoys a permanent exemption fend their policies in court. The 1986 amendment to the Age Dis- FLINT CREEK HYDROELECTRIC FACILITY from the Age Discrimination in Em- LEGISLATION ployment Act that allows it to set crimination in Employment Act au- Mr. BURNS. Mr. President, I rise mandatory retirement ages and max- thorized State and local governments today to introduce legislation to allow imum hiring ages for its public safety to set maximum hiring ages and man- for the orderly transfer of a license for officers. In effect, this exemption au- datory retirement ages until January the operation of a small hydroelectric thorizes Federal public safety agencies 1, 1994. It also ordered the EEOC and facility in my State of Montana. This to use mandatory retirement ages and the Department of Labor to conduct a operation is no longer generating elec- maximum hiring ages for their police study to determine: tricity. The utility that owns it, Mon- officers and firefighters including: Whether physical and mental fitness tana Power, no longer finds it economi- The U.S. Park Police; the Federal tests can accurately assess the ability cal to continue to do so. Montana Bureau of Investigation; Department of of police and firefighters to perform Power would like to turn the operation Justice Law Enforcement personnel; the requirements of their jobs; which and ownership of the dam over to District of Columbia firefighters; U.S. particular types of tests are most effec- someone else. And there is a potential Forest Service firefighters; the Central tive; and what specific standards such buyer, the county of Granite. The Intelligence Agency; the Capitol Po- tests should satisfy. county would like to buy the facility, lice; and Federal firefighters. Finally, the 1986 amendment directed refurbish it, and continue to generate However, this same exemption from the EEOC to promulgate guidelines on low-cost electricity for itself and its the Age Discrimination in Employment the administration and use of physical neighbors. Act is not available to State and local and mental fitness tests for police and However, FERC, the agency that governments. firefighters. must approve the license request is de- My legislation corrects this disparity Despite the very clear mandate in manding that the buyer pay for the by allowing State and local govern- the 1986 amendment, neither the EEOC rent of Forest Service land that lies ments the right to set mandatory re- nor its researchers complied with that under the lake that was created by the tirement and maximum hiring ages if mandate. dam. The Forest Service gets no ben- they so choose. While the Penn State researchers efit from the land. It’s under several Mr. President, I want to emphasize who conducted the study concluded feet of water. And the Federal Govern- that last point. This legislation merely that age was a poor predictor of job ment already owns one-third of my allows State and local governments to performance, they failed to evaluate State of Montana. set mandatory retirement and max- which particular physical and mental I believe that this bill, which will imum hiring ages if they so choose. fitness tests are most effective to defer the rental costs for 5 years which The bill does not set national, man- evaluate public safety officers and will allow the county to get its repair datory retirement and maximum hir- which specific standards such tests work done and get the generation on- ing ages for police and firefighters. It should satisfy. line, is an equitable solution to the does not require State local govern- Nor did the EEOC promulgate guide- problem posed by FERC. I hope that ments to create their own mandatory lines to assist State and local govern- they will support the bill. retirement and maximum hiring ages. ments in the administration and use of It does not even encourage them to do such tests, as Congress directed. As a By Ms. MOSELEY-BRAUN: so. It merely grants State and local result, State and local governments S. 553. A bill to amend the Age Dis- governments the same rights in this find themselves without a public safety crimination in Employment Act of 1967 area which are currently being enjoyed exemption from the Age Discrimina- to reinstate an exemption for certain by the Federal Government. tion in Employment Act, and also

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3895 without any guidance as how to test and visits from police officers and fire- tasks performed by law enforcement officers their employees. fighters who want to see a permanent and firefighters; I firmly believe that, as a rule, Con- exemption enacted into law. I would (2) a list of the public safety tasks for gress should avoid exempting whole like to read a list of organizations that which adequate tests described in paragraph classes of employees from the protec- (1) do not exist; support this legislation: (3) a description of the technical character- tion of civil rights laws. We should not The Fire Department Safety Officers istics that the tests shall meet to be in com- carve out exemptions merely because Association; the Fraternal Order of Po- pliance with applicable Federal civil rights an employer finds civil rights compli- lice; the International Association of law and policies; ance to be too costly or inconvenient. Firefighters; the International Associa- (4) a description of the alternative methods Exemptions must be made only when tion of Chiefs of Police; the Inter- that are available for determining minimally there is a strong compelling need to do national Brotherhood of Police Offi- acceptable performance standards on the so and there is no other reasonable al- cers; the International Society of Fire tests; ternative. Service Instructors; the International (5) a description of the administrative That is the situation here. State and Union of Police Associations, AFL– standards that should be met in the adminis- tration, scoring, and score interpretation of local fire and police agencies must be CIO; the National Association of Police the tests; and exempt from ADEA in order to protect Organizations; The National Sheriffs (6) an examination of the extent to which and promote the safety of the public. Association; the National Troopers Co- the tests are cost effective, safe, and comply This is literally a life or death matter; alition; the American Federation of with the Federal civil rights law and regula- if police officers and firefighters can- State, County and Municipal Employ- tions. not adequately perform their duties, ees; the National Public Employer (b) ADVISORY GUIDELINES.—Not later than 4 people die and people get hurt. Labor Relations Association; the New years after the date of enactment of this Numerous medical studies have found York State Association of Chiefs of Po- Act, the Chairman shall develop and issue, that age directly affects an individual’s lice; and the City of Chicago Depart- based on the results of the study required by ability to perform the duties of a pub- ment of Police. subsection (a), advisory guidelines for the lic safety officer. This is not a stereo- This legislation is also supported by administration and use of physical and men- type. This is not ageism. This is a med- the following State and local govern- tal fitness tests to measure the ability and competency of law enforcement officers and ical fact. mental organizations: Consider the facts the American firefighters to perform the requirements of The National League of Cities; the the jobs of the officers and firefighters. Heart Association found that clearly National Association of Counties; the demonstrate the increased risk of heart National Conference of State Legisla- (c) CONSULTATION REQUIREMENT; OPPOR- TUNITY FOR PUBLIC COMMENT.— attack and death in older individuals. tures; and the U.S. Conference of May- (1) CONSULTATION.—The Chairman shall, One in six men and one in seven women ors. during the conduct of the study required by between the ages of 45–64 has some Mr. President, I strongly urge my subsection (a), consult with— form of heart disease. The ratio soars colleagues to support and quickly (A) the Deputy Administrator of the to one in three at age 65 and beyond. enact this carefully drawn, greatly United States Fire Administration; For people over age 55, incident of needed legislation. (B) the Director of the Federal Emergency stroke more than doubles in each suc- Mr. President, I ask unanimous con- Management Agency; cessive decade. sent that the full text of this bill be (C) organizations that represent law en- The diminishing of physical capabili- printed in the RECORD. forcement officers, firefighters, and employ- ties can also be seen in statistics in the There being no objection, the bill was ers of the officers and firefighters; and (D) organizations that represent older indi- ordered to be printed in the RECORD, as field of public safety. For example, al- viduals. though firefighters over 50 comprise follows: (2) PUBLIC COMMENT.—Prior to issuing the only one-seventh of the total number S. 553 advisory guidelines required in subsection of firefighters, they account for one- Be it enacted by the Senate and House of Rep- (b), the Chairman shall provide an oppor- third of all firefighter deaths resentatives of the United States of America in tunity for public comment on the proposed Now, you may ask why State and Congress assembled, advisory guidelines. local governments cannot just develop SECTION 1. SHORT TITLE. (d) DEVELOPMENT OF STANDARDS FOR tests to screen out those individuals This Act may be cited as the ‘‘Age Dis- WELLNESS PROGRAMS.—Not later than 2 who may still retain their strength at crimination in Employment Amendments of years after the date of enactment of this 1995’’. the age of 60 or 70. However, there is no Act, the Chairman shall propose advisory SEC. 2. AGE DISCRIMINATION AMENDMENT. adequate test that can simulate the standards for wellness programs for law en- (a) REPEAL OF REPEALER.—Section 3(b) of forcement officers and firefighters. conditions that firefighters and police the Age Discrimination in Employment officers face in the line of duty. Amendments of 1986 (29 U.S.C. 623 note) is re- (e) AUTHORIZATION OF APPROPRIATIONS.— The fact that an individual passes a pealed. There is authorized to be appropriated fitness test one day does not, in and of (b) EXEMPTION.—Section 4(j) of the Age $5,000,000 to carry out this section. itself, mean that the individual is ca- Discrimination in Employment Act of 1967 SEC. 4. EFFECTIVE DATES. (29 U.S.C. 623(j)), as in effect immediately be- pable of performing the sustained, (a) GENERAL EFFECTIVE DATE.—Except as strenuous, constant, physical activity fore December 31, 1993— (1) is reenacted as such section; and provided in subsection (b), this Act and the required of a public safety officer. If a (2) as so reenacted, is amended in para- amendments made by this Act shall take ef- 75-year-old walks in and takes a test, graph (1) by striking ‘‘attained the age’’ and fect on the date of enactment of this Act. and happens to be healthy on that par- all that follows through ‘‘1983, and’’ and in- (b) SPECIAL EFFECTIVE DATE.—The repeal ticular day, a State or local govern- serting the following: ‘‘attained— made by section 2(a) and the reenactment ment would have to hire that indi- ‘‘(A) the age of hiring or retirement, re- made by section 2(b)(1) shall take effect on vidual, even though that individual spectively, in effect under applicable State December 31, 1993.∑ may not, day in and day out, be capa- or local law on March 3, 1983; or ble of physically performing his or her ‘‘(B) if an age of retirement was not in ef- By Mr. FEINGOLD: job. fect under applicable State or local law on March 3, 1983, 55 years of age; and’’. S. 554. A bill to amend the provisions Mr. President, as many of you in this SEC. 3. STUDY AND GUIDELINES FOR PERFORM- of titles 5 and 28, United States Code, body know, I come from a law enforce- ANCE TESTS. relating to equal access to justice, ment background. My father was a po- (a) STUDY.—Not later than 3 years after the award of reasonable costs and fees, lice officer. My uncle was a police offi- date of enactment of this Act, the Chairman hourly rates for attorney fees, adminis- cer. My brother still is a police officer. of the Equal Employment Opportunity Com- trative settlement offers, and for other I feel very strongly that we in Congress mission (referred to in this section as ‘‘the purposes, to the Committee on the Ju- Chairman’’) shall conduct, directly or by need to do everything we can to ensure diciary. that our rank and file officers have ev- contract, a study, and shall submit to the ap- propriate committees of Congress a report erything they need to do their jobs. THE EQUAL ACCESS TO JUSTICE REFORM based on the results of the study that shall AMENDMENTS ON 1995 The legislation I offer here today is include— widely supported by rank and file pub- (1) a list and description of all tests avail- ∑ Mr. FEINGOLD. Mr. President, I in- lic safety officers. In fact, my office able for the assessment of abilities impor- troduce a bill to amend the Equal Ac- has been besieged by calls and letters tant for the completion of public safety cess to Justice Act.

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3896 CONGRESSIONAL RECORD — SENATE March 14, 1995 This legislation makes some needed By giving prevailing parties in cer- Another study, prepared in 1993 by improvements to the act to speed up tain kinds of cases the right to seek at- Prof. Harold Krent of the University of the process of awarding attorney’s fees torney’s fees and other costs from the Chicago law school for the Administra- to private parties who prevail in cer- United States, the act sought to pre- tive Conference of the United States, tain suits against the United States. vent business owners from having to found that, while the original intent of Mr. President, there has been consid- risk their companies in order to seek the Equal Access to Justice Act was erable attention paid in the past few justice. It was, in effect, a way to give supposed to make things a little easier weeks to legislation such as regulatory David another rock for his sling. on the applicants for fees, as currently reform, tort reform, and various pieces And it is the Davids, not the Goli- written, it ‘‘probably creates a perverse of the Republican contract which claim aths, who benefit from this act. incentive to litigate’’ on the part of to address the concerns of many Amer- Although I have reservations about Government attorneys. icans that substantial change needs to the general concept of loser-pays rules, This is because the act gives the gov- take place in many areas. when a citizen faces the overpowering ernment a chance to avoid paying fees, My bill deals with some aspects of resources of the Federal Government, even when it loses its case, to the small these concerns by assisting ordinary it is only fair that, when that citizen business owner or individual who would citizens who face legal conflicts with wins in court, the Government ought otherwise see their costs paid. The their Federal Government and prevail. to reimburse the costs. Government can do this by showing it The basic premise of EAJA is about An individual with a net worth great- giving individuals and small businesses had substantial justification for its ac- er than $2 million may not request fees tions, despite the fact that those ac- the ability to confront the Government under EAJA, nor may a business or on a more equal footing. It is another tions proved onerous to that small other organization with a net worth business owner or individual. step toward getting Government off greater than $7 million and which em- Professor Krent argues that the the backs of the average citizen and ploys more than 500 people, unless it issues of whether fees should be award- small business owner. qualifies either as a nonprofit under ed or whether the Government had sub- I am convinced the improvements I certain Federal tax laws or as an agri- stantial justification to act as it did have proposed will make the Equal Ac- cultural cooperative. cess to Justice Act work better and re- Collaterally, the act sought to pro- can be nearly as exhaustive to litigate duce the overall costs to taxpayers. vide a deterrence to excessive Govern- as the original complaint. This despite Mr. President, this is an area in ment regulation, a subject in which we the fact that the substantial justifica- which I have worked for several years all share an interest. tion argument is successful in a rel- before coming to this body. Some would certainly argue that lat- atively small number of cases. My interest in this issue arises from ter goal has not been achieved. But the We can fix that. We can bring the ad- my experience both as a private attor- Equal Access to Justice Act has been ministrative costs of the Equal Access ney and a member of the Wisconsin to Justice Act down. Senate. successful in other areas, although per- When I was in private practice, I was haps not quite as planned, Mr. Presi- My bill amends the act in several aware of how attorneys’ fees and the dent. ways, and it is intended to make use of other costs associated with litigation For one thing, the cost has been the act’s provisions more acceptable to could be a burden to a plaintiff with much smaller than originally antici- its original beneficiaries, the small limited resources, even if the claim pated. The Equal Access to Justice Act business owners. was just. was originally estimated to cost at First, my bill raises the current $75- Once I entered the State senate, I au- least $68 million per year, but accord- per-hour fee award cap to $125 per hour. thored legislation modeled on the Fed- ing to the Administrative Office of the It keeps the cost-of-living increase as a eral law. The State law, found in sec- U.S. Courts, annual EAJA awards from possible factor in setting the award, tion 814.246 of the Wisconsin statutes, 1988 to 1992 generally hovered around $5 but it eliminates language which per- was enacted in 1985. to $7 million. mits further increasing the award due It seemed to me then, and does now, This is despite the fact that litigants to some special factor, defined by ex- that we should do what we can to re- are winning more cases than antici- ample in the existing statute as ‘‘the move this burden to plaintiffs who need pated. limited availability of qualified attor- their claims reviewed and decided by A study conducted by Prof. Susan neys or agents for the proceedings in- an impartial decisionmaker. Gluck Mezey of Loyola University at volved.’’ Chicago and Prof. Susan M. Olson of When I joined the U.S. Senate, I This brings the fee cap more closely the University of Utah found that began looking at how these two Fed- into line with current hourly rates plaintiffs have been more successful eral statutes operate and whether charged by attorneys. It also makes than original estimates believed. change was needed. I was particularly these suits more attractive to attor- Professors Mezey and Olson examined interested in how we could make the neys, which in turn means prospective 629 Federal district and appellate court system work better. plaintiffs will have a larger pool of at- I am convinced change is necessary decisions involving EAJA claims dur- torneys from which to choose. This, I and that we can bring the system up to ing the 1980’s. think, obviates the need for the special date to reflect 14 years worth of experi- The Mezey-Olson study, published in factor language. I also believe elimi- ence. the July-August 1993 edition of Judica- nating that provision simplifies the Mr. President, the Equal Access to ture magazine, pointed out that the process. Justice Act was enacted in 1980 and Congressional Budget Office originally made permanent in 1985. The original assumed plaintiffs would receive fees Second, my bill makes more specific intent of the act was to make the task under the act in about 25 percent of the the method of computing cost-of-living of suing the Federal Government less claims filed against the Government. increases to fee awards. Under existing daunting for small business owners. It However, the professors found in law, courts have been forced to make was perceived that these owners suf- their sample that about 36 percent of these determinations without adequate fered onerous Government regulation litigants other than those suing the statutory guidance. Professor Krent and other indignities rather than sue Department of Health and Human notes in his study that ‘‘courts have for relief because of the prohibitive Services have won fees. Plaintiffs suing split as to when the cost-of-living in- costs of litigation. HHS, many of them seeking Social Se- crease is applicable—for instance, Much of the work of this original curity disability benefits, have a suc- whether it should be calculated as of Federal legislation was done by then- cess rate most lawyers would envy, the date of the work performed, or as Representative Robert Kastenmeier of about 69 percent. of some later date.’’ Wisconsin, who represented my home The Mezey-Olson study shows that My bill states that a cost-of-living town of Middleton with distinction and most successful plaintiffs who seek fees adjustment should be calculated from served on the House Judiciary Com- have been these Social Security dis- the date of final disposition. In other mittee for many years. ability benefits applicants. words, if the work was performed in

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3897 1988 but the final disposition occurred within 180 days that provides an anal- overcome that obstacle, and my in 1994, we should base the fee calcula- ysis of the variations in the frequency amending bill is submitted to make the tion on 1994. of fee awards paid by specific Federal act work better. Third, my bill eliminates language in districts under EAJA and include rec- Mr. President, I ask unanimous con- the act that allows the Government to ommendations for extending the appli- sent that the text of this legislation be escape paying attorney’s fees even if it cation of the act to other Federal judi- printed in the RECORD. loses a suit if it can show substantial cial proceedings. There being no objection, the bill was justification for its actions. According to the Administrative ordered to be printed in the RECORD, as I believe that if an individual or Conference of the United States, it re- follows: small business owner go up against the mains unclear ‘‘whether EAJA covers S. 554 Federal Government and win, they win. all litigation against the United States Be it enacted by the Senate and House of Rep- If you are successful in your suit in article I courts, even though such against the Government or in your de- resentatives of the United States of America in proceedings are often directly analo- Congress assembled, fense against Government enforce- gous to those covered by the act in ar- SECTION 1. EQUAL ACCESS TO JUSTICE REFORM. ment, and the law provides for Govern- ticle III courts.’’ ment payment of your fees, the govern- (a) SHORT TITLE.—This Act may be cited as Congress has taken some steps. In the ‘‘Equal Access to Justice Reform Amend- ment should pay the fees. 1985, for example, EAJA was amended ments of 1995’’. Further, Professor Krent’s study in- to cover the U.S. Claims Court. The (b) AWARD OF COSTS AND FEES.— dicates that fee awards were denied in Court of Veterans Appeals, which had (1) ADMINISTRATIVE PROCEEDINGS.—Section only a small percentage of EAJA cases decided in 1992 it was not covered by 504(a)(2) of title 5, United States Code, is because of the substantial justification EAJA, is now covered by legislation. amended by inserting after ‘‘(2)’’ the fol- defense. Likewise, my bill requires the Ad- lowing: ‘‘At any time after the commence- ment of an adversary adjudication covered It may sound as though we’re actu- ministrative Office of the U.S. Courts ally increasing the cost of this act, but by this section, the adjudicative officer may to submit a report to Congress within ask a party to declare whether such party in- these steps may well have the opposite 180 days that provides an analysis of effect. Even though fee awards may go tends to seek an award of fees and expenses the variations in the frequency of fee against the agency should it prevail.’’. up somewhat, the time and cost of liti- awards paid by applicable Federal (2) JUDICIAL PROCEEDINGS.—Section gation to the government will be re- agencies under EAJA and include rec- 2412(d)(1)(B) of title 28, United States Code, is duced, and we should have a more cost- ommendations for extending the appli- amended by inserting after ‘‘(B)’’ the fol- effective system. cation of the act to other Federal agen- lowing: ‘‘At any time after the commence- Let me refer again to Professor ment of an adversary adjudication covered cies and administrative proceedings. Krent’s study for guidance as to pos- by this section, the court may ask a party to The United States Supreme Court, in sible increased efficiency and cost-ef- declare whether such party intends to seek a 1991 decision, Ardestani versus INS, fectiveness. an award of fees and expenses against the Professor Krent noted that it is prob- held that EAJA fees are available only agency should it prevail.’’. ably impossible to make an exact de- in cases where hearings are required by (c) HOURLY RATE FOR ATTORNEY FEES.— (1) ADMINISTRATIVE PROCEEDINGS.—Section termination of the expense of liti- law to conform to the procedural provi- sions of section 554 of the Administra- 504(b)(1)(A)(ii) of title 5, United States Code, gating the substantial justification is amended by striking out all beginning issue. tive Procedure Act. However, Congress had already cre- with ‘‘$75 per hour’’ and inserting in lieu It is his opinion, based on a study of thereof ‘‘$125 per hour unless the agency de- cases between June 1989 and June 1990, ated a statutory exception. In 1986, termines by regulation that an increase in that the substantial justification de- Congress extended EAJA’s coverage to the cost-of-living based on the date of final fense may save some money in awards, include the Program Fraud Civil Rem- disposition justifies a higher fee.);’’. but not enough to justify the cost of edies Act. (2) JUDICIAL PROCEEDINGS.—Section litigating the issue. It is reasonable, I believe, to inves- 2412(d)(2)(A)(ii) of title 28, United States Code, is amended by striking out all begin- In short, this has not proven cost ef- tigate whether certain agency pro- ceedings, such as deportation cases, ning with ‘‘$75 per hour’’ and inserting in fective, except in a few Social Security lieu thereof ‘‘$125 per hour unless the court cases involving large awards, unless that are nearly identical to pro- ceedings covered by section 554 should determines that an increase in the cost-of- you count some deterrent effect, which living based on the date of final disposition Professor Krent believes is impossible be likewise covered by EAJA. justifies a higher fee.);’’. to quantify. It may be appropriate to expand (d) OFFERS OF SETTLEMENT.— Fourth, the bill would set up a proc- EAJA to cover certain cases subject to (1) ADMINISTRATIVE PROCEEDINGS.—Section ess to encourage settlement of the fee proceedings which are substantially 504 of title 5, United States Code, is amend- issue without litigation. the same as, but not specifically cov- ed— The legislation will provide the gov- ered by, the Administrative Procedure (A) by redesignating subsections (e) and (f) Act. as subsections (f) and (g), respectively; and ernment the opportunity, similar to (B) by inserting after subsection (d) the the process described in rule 68 of the The study provision is also meant to be responsive to recommendations following new subsection: Federal Rules of Civil Procedure, to ‘‘(e)(1) At any time after the filing of an make an offer of settlement up to 10 made by members of a business advi- application for fees and other expenses under days prior to a hearing on the fee sory group with whom I meet on a reg- this section, an agency from which a fee claim. If that offer is rejected and the ular basis. It was suggested that there award is sought may serve upon the appli- party applying for reimbursement later was a need to examine why some agen- cant an offer of settlement of the claims wins a smaller award, that party shall cies have had fee judgments awarded made in the application. If within 10 days against them at a higher rate than oth- after service of the offer the applicant serves not be entitled to receive attorney’s written notice that the offer is accepted, ei- fees or other expenses incurred after ers. Let me here acknowledge the work of ther party may then file the offer and notice the date of the offer. of acceptance together with proof of service This, I think, will speed up the proc- the Administrative Conference of the thereof. ess, thereby reducing the time and ex- United States, which has been very ‘‘(2) An offer not accepted shall be deemed pense of litigation. helpful by conducting research into withdrawn. The fact that an offer is made Finally, Mr. President, my bill also this issue, making recommendations but not accepted shall not preclude a subse- requires review of the act and looks that helped form the basis of this bill quent offer. If any award of fees and expenses ahead to possible future expansion. and providing valuable assistance to for the merits of the proceeding finally ob- Expanding the coverage of the Equal me in preparing this legislation. tained by the applicant is not more favorable Access to Justice Act to additional We all know the small business than the offer, the applicant shall not be en- owner has a rough row to hoe and that titled to receive an award for attorneys’ fees areas of litigation is not directly ad- or other expenses incurred in relation to the dressed, but it is an issue on which I unnecessary or overburdening Govern- application for fees and expenses after the hope there can be future discussion. ment regulation is sometimes an obsta- date of the offer.’’. My bill requires the Justice Depart- cle to doing business. The Equal Access (2) JUDICIAL PROCEEDINGS.—Section 2412 of ment to submit a report to Congress to Justice Act was conceived to help title 28, United States Code, is amended—

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3898 CONGRESSIONAL RECORD — SENATE March 14, 1995 (A) by redesignating subsections (e) and (f) (g) EFFECTIVE DATE.—The provisions of Fourth, criteria for allocating fund- as subsections (f) and (g), respectively; and this Act and the amendments made by this ing among professions based on rel- (B) by inserting after subsection (d) the Act shall take effect 30 days after the date of ative need in meeting national goals. following new subsection: the enactment of this Act and shall apply ‘‘(e)(1) At any time after the filing of an only to an administrative complaint filed The Health Professions Consolidation application for fees and other expenses under with a Federal agency or a civil action filed and Reauthorization Act of 1995 builds this section, an agency of the United States in a United States court on or after such on GAO’s recommendations and is from which a fee award is sought may serve date.∑ based on defined goals for these pro- upon the applicant an offer of settlement of grams. In addition, all programs would the claims made in the application. If within By Mrs. KASSEBAUM (for her- include a strong evaluation component 10 days after service of the offer the appli- self, Mr. KENNEDY, and Mr. cant serves written notice that the offer is to ensure that they are really improv- FRIST): ing national, regional, and State work accepted, either party may then file the offer S. 555. A bill to amend the Public and notice of acceptance together with proof force goals. Health Service Act to consolidate and of service thereof. The act targets Federal funding ‘‘(2) An offer not accepted shall be deemed reauthorize health professions and mi- withdrawn. The fact that an offer is made nority and disadvantaged health edu- based on the following goals: but not accepted shall not preclude a subse- cation programs, and for other pur- First, Federal health professions edu- quent offer. If any award of fees and expenses poses; to the Committee on Labor and cation programs and distribution pro- for the merits of the proceeding finally ob- Human Resources. grams should assure health through: tained by the applicant is not more favorable HEALTH PROFESSIONALS CONSOLIDATION AND improvements in the distribution of than the offer, the applicant shall not be en- REAUTHORIZATION ACT and quality of health professionals titled to receive an award for attorneys’ fees or other expenses incurred in relation to the Mrs. KASSEBAUM. Mr. President, on needed to provide health services in un- application for fees and expenses after the behalf of Senator KENNEDY, Senator derserved areas; and enhancement of date of the offer.’’. FRIST, and myself, I rise today to in- the production and distribution of pub- (e) ELIMINATION OF SUBSTANTIAL JUSTIFICA- troduce legislation aimed at improving lic health personnel to improve the TION STANDARD.— the supply and distribution of health State and local public health infra- (1) ADMINISTRATIVE PROCEEDINGS.—Section professionals for our Nation’s under- structure. 504 of title 5, United States Code, is amend- served communities. Second, the bureaucracy required to ed— The Health Professions Consolidation (A) in subsection (a)(1) by striking out all administer the current 44 independent beginning with ‘‘, unless the adjudicative of- and Reauthorization Act of 1995 would programs should be simplified and re- ficer’’ through ‘‘expenses are sought’’; and consolidate over 44 different health duced. professions programs administered by (B) in subsection (a)(2) by striking out Under this proposal, future Federal the U.S. Public Health Service. Fur- ‘‘The party shall also allege that the posi- support for health professionals pro- tion of the agency was not substantially jus- thermore, this legislation would target grams would be targeted to: primary tified.’’. Federal health professions funding to and preventive care; minorities and the (2) JUDICIAL PROCEEDINGS.—Section 2412(d) support training initiatives designed to disadvantaged; community-based of title 28, United States Code, is amended— improve the health of citizens in our training in underserved areas; ad- (A) in paragraph (1)(A) by striking out ‘‘, Nation’s underserved areas. unless the court finds that the position of For three decades, through the Pub- vanced degree nursing; and the Na- the United States was substantially justified tional Health Service Corps. In rec- or that special circumstances make an award lic Health Service and Medicare, the Federal Government has funded the ognition of the need for fiscal re- unjust’’; straint, funding for these programs (B) in paragraph (1)(B) by striking out training of health professionals. Once ‘‘The party shall also allege that the posi- perceived to be in undersupply, physi- would be decreased by 10 percent at the tion of the United States was not substan- cians are now in oversupply as a result end of 4 years. tially justified. Whether or not the position of this Federal intervention. However, Mr. President, the Health Professions of the United States was substantially justi- the uneven distribution of physicians Consolidation and Reauthorization Act fied shall be determined on the basis of the still leaves many areas underserved. of 1995 maintains the traditional goal record (including the record with respect to Furthermore, many believe the Nation of Federal health professions programs, the action or failure to act by the agency which is to improve the supply and dis- upon which the civil action is based) which is now has too many subspecialist physi- made in the civil action for which fees and cians and too few primary care pro- tribution of health professionals in un- other expenses are sought.’’; and viders. To correct these problems, a derserved areas. I believe, however, (C) in paragraph (3) by striking out ‘‘, un- better targeted Federal health profes- that it offers a more effective and tar- less the court finds that during such adver- sions strategy is needed. geted approach by moving away from sary adjudication the position of the United Currently, through titles III, VII, and small, narrowly defined categorical States was substantially justified, or that VIII of the Public Health Service Act, programs toward broad areas of focus. special circumstances make an award un- the Federal Government provides over In addition, my proposal places an em- just’’. $400 million for 44 separate initiatives. (f) REPORTS TO CONGRESS.— phasis on outcomes measurement—a (1) ADMINISTRATIVE PROCEEDINGS.—No later When the title VII and VIII programs feature sadly lacking in our current ef- than 180 days after the date of the enactment were last reauthorized in 1992, the Gen- forts. of this Act, the Administrative Conference of eral Accounting Office [GAO] was re- As discussion of these issues devel- the United States shall submit a report to quested to review their effectiveness ops, I would welcome any suggestions the Congress— in: First, increasing the supply of pri- my colleagues or others may have for (A) providing an analysis of the variations mary care providers and other health in the frequency of fee awards paid by spe- improving this legislation. professionals; second, improving their Mr. President, I ask unanimous con- cific Federal agencies under the provisions of representation in rural and medically section 504 of title 5, United States Code; and sent that a summary of the bill be underserved areas; and third, improv- (B) including recommendations for extend- printed in the RECORD. ing minority representation in the ing the application of such sections to other There being no objection, the sum- Federal agencies and administrative pro- health professions. ceedings. GAO recommended that Congress or mary was ordered to be printed in the (2) JUDICIAL PROCEEDINGS.—No later than the Secretary of Health and Human RECORD, as follows: 180 days after the date of the enactment of Services should establish: SUMMARY OF THE HEALTH PROFESSIONS EDU- this Act, the Department of Justice shall First, national goals for the title VII CATION CONSOLIDATION AND REAUTHORIZA- submit a report to the Congress— and VIII programs. TION ACT OF 1995 (A) providing an analysis of the variations Second, common outcome measures BACKGROUND in the frequency of fee awards paid by spe- and reporting requirements for each cific Federal districts under the provisions of Titles III, VII, and VIII of the Public section 2412 of title 28, United States Code; goal; Health Service Act authorize 45 different and Third, restrictions limiting the use of programs. The goal of these programs is to (B) including recommendations for extend- funds to activities whose results can be improve the supply and distribution of a va- ing the application of such sections to other measured and reported against these riety of types of health professionals and to Federal judicial proceedings. goals; and improve the representation of minorities and

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3899 disadvantaged individuals in the health pro- V. Nursing ments, would not count in FTE determina- fessions. The provisions of this proposal would be tions of CDC. Current fellowship programs at The focus of Title VII programs is on the similar to those included in the Nursing Edu- CDC would be authorized. training of physicians, general dentists, phy- cation Act reauthorization which was ap- MINORITY AND DISADVANTAGED TRAINING sician assistants, allied health personnel, proved by the Senate last year. Under it, six public health professionals, and veterinar- Purposes: (1) Provide for the training of current nursing programs would be consoli- minority and disadvantaged health profes- ians. Title VIII provides for nurse training. dated into three to emphasize primary care Title III deals with the National Health sionals to improve health care access in un- nursing and the production of minority and derserved areas and to improve representa- Service Corps, which helps to place providers disadvantaged nurses. in underserved areas. These Titles include tion in the health professions; and (2) Pro- VI. Other priority areas programs for direct student assistance, such vide administrative flexibility and sim- as loans and scholarships, loan repayments The Secretary could fund any number of plification. programs, and expansion and maintenance of other projects for health professionals train- General Description: Under this provision, training programs. ing which meet national workforce needs to the Secretary would have broad discretion to improve health services in underserved fund projects which improve the number and SUMMARY areas. For instance, under this provision, the quality of minority and disadvantaged I. Primary care and preventive medicine Secretary could fund projects to train allied health professionals. Many believe that an training health professionals. increased number of minority and disadvan- Under this provision, funds for family phy- VII. Other provisions from last year’s Minority taged providers would result in improve- sician, general pediatrician, general inter- Health Improvement Act Conference Report ments of services in underserved areas be- nists, preventive medicine physician, and Office of Minority Health cause such individuals tend to practice in physician assistant training would be au- those areas more than others. Generally, The authority for the office would be ex- thorized. These providers are generally need- most minority groups are currently under- tended through FY 1999. Furthermore, the ed to fill both rural and underserved health represented in the health professions relative provision assures that the office is only co- professional shortage areas and to help im- to their representation within the entire ordinating services—not conducting its own prove staffing in public health departments. U.S. population. services and research program. The author- Generally, priority would be given to pro- Current Law Authorities Consolidated: ization would be $19 million for each fiscal grams which have a history of training (The numbers before each program are keyed year through FY 1999. This would be a 10% health professionals who eventually enter to the Labor Committee document: ‘‘Health reduction from the current appropriation of practice in rural and urban underserved Professions Education: Summary of Federal $20.668 million. (This is consistent with the areas. Training Programs.’’ general reductions in authorizations II. Minority and disadvantaged training 9. Centers of Excellence in Minority Health throughout the health professions bill). Under this provision, the Secretary would 10. Health Careers Opportunity Program State Offices of Rural Health have broad discretion to fund projects which 11. Minority Faculty Fellowships improve the number and quality of minority There would be ‘‘such sums as necessary’’ 12. Faculty Loan Repayment and disadvantaged health professionals. authorized through FY 1997. The cumulative Summary of Provisions: appropriations would be capped at $20 mil- Many believe that an increased number of Eligible entities minority and disadvantaged providers would lion. In FY 1998, after these offices have been established in every state, the program Schools of medicine, osteopathic medicine, result in improvements of services in under- dentistry, pharmacy, podiatric medicine, op- served areas, because such individuals are would be repealed. The current appropriation for this program is $3.875 million. tometry, veterinary medicine, public health, more likely to practice in those areas than allied health professions schools; schools of- Birth Defects are others. Generally, most minorities are fering graduate programs in clinical psy- currently under-represented in the health An enhanced program for an intramural chology; state or local governments; a con- professions relative to their representation program on birth defects at the Centers for sortia of health professions schools; or other within the entire U.S. population. Disease Control and Prevention (CDC) would public or private nonprofit entities could III. Community-based training in underserved be authorized. Through this program, re- apply. areas search centers would be established, epi- Activities This authority would be similar to the cur- demiologic review of data would occur, and a rent Area Health Education Center program. national information clearing house would Grants and contracts would be made, as These centers are located in underserved be established. This program is consistent appropriate, to plan, develop, or operate: areas. They train medical students and other with current CDC plans in this area. No 1. Demonstrative programs. health professionals to provide services in funds would be authorized specifically for 2. Minority faculty development and loan rural and underserved areas. Exposure to this program, but funding would occur under repayment programs. these settings is generally recognized as a the general CDC program authority. 3. Programs to develop the pipeline for in- determinant in whether a health professional Traumatic Brain Injury dividuals from disadvantaged backgrounds would return to practice in such settings. In This provision is identical to that in the to enter and remain in health professions addition, these centers help support prac- conference report. It would provide for the schools. ticing providers in such areas through con- National Institutes of Health (NIH) to con- 4. Programs of excellence in the health tinuing medical education support. duct research on traumatic brain injury professions education for minority individ- uals, including centers of excellence at cer- IV. Consolidated student assistance without an authorization for a separate ap- tain historically black colleges and univer- This section would have a few authorities, propriation. It would also authorize $5 mil- lion a year for a demonstration program to sities. but only one appropriation. This proposal 5. For the provision of technical assist- would combine most of the current scholar- be administered through the Health Re- sources and Services Administration, subject ance, work force analysis, and information ship and loan programs into the current Na- dissemination. tional Health Service Corps Scholarship and to the availability of funding, for the devel- opment of state systems of care for persons Any grant which is funded could incor- Loan Repayment program. As such, individ- porate one or all of these activities. In addi- uals would receive financial support only in with traumatic brain injury. Finally, the provision would authorize a consensus con- tion, a preference would be given to projects return for service provided in primary care which involve more than one health profes- underserved areas. This would help to elimi- ference at NIH regarding the treatment of individuals with this illness. sion discipline or training institution and, nate the 4,000 positions currently available beginning in fiscal year 1999, for centers of in underserved areas. In addition, transfer of Health Services for Pacific Islanders excellence at certain historically black col- the current funding for scholarship programs This would extend the Pacific Islanders leges and universities. to the Corps would help it fund more applica- initiative, with technical changes only. The The Secretary would fund grant applica- tions. Currently the National Health Service program would be authorized at $3 million in tions which have the greatest chance of im- Corps is only able to provide scholarships in FY 1996 and in each year through FY 1999. proving minority representation in the return for service to one out of every 10 ap- Finally, a study would be authorized to de- health professions and which have an above plicants. termine the usefulness of this initiative. average record of retention and graduation In addition, the current scholarship pro- Demonstration Projects Regarding of individuals from disadvantaged back- grams for minority and disadvantaged indi- Alzheimer’s Disease grounds. viduals would be consolidated into a single There would be $5 million authorized in scholarship program for disadvantaged stu- Outcomes evaluation each of the fiscal years from FY 1996 through dents. Each program would be required to set per- The authorities which would be left in FY 1999. There are many technical revisions. formance outcomes and would be held ac- place from current law are those which do Miscellaneous Centers for Disease Control countable for meeting such outcomes. The not require appropriations, but rather are re- and Prevention Provisions performance outcome standards would be volving loan funds which currently exist at Epidemiologic Intelligence Service offi- consistent with state, local, and national schools. cers, funded through state and local govern- work force development priorities.

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3900 CONGRESSIONAL RECORD — SENATE March 14, 1995 Non-Federal matching First, those programs with the highest per- General Description: This authority, most The Secretary would have discretion to re- centage of providers who enter primary care similar to the current Area Health Edu- quire institutional or state and local govern- practice upon the completion of training cation Center (AHEC) program, would en- ment matching grants to ensure the continu- would receive a priority. In addition, pro- hance the community-based training in un- ation of the project once federal aid ends. grams which successfully produce profes- derserved areas of various health profes- sionals who go on to provide service in un- sionals. This goal would be achieved through Transition derserved areas would receive a preference. greater flexibility in the design of such pro- Current grantees would continue to oper- Preventive medicine residencies would not grams and through the leveraging of state ate under existing authorities through the compete for funding with family medicine, and local resources. AHECs are generally lo- remainder of their funding cycles. The new general internal medicine, or general pediat- cated in underserved areas remote from aca- provisions would apply only to new grants. rics. Rather, they would receive an appro- demic health centers. They train health pro- Authorization priate amount of funding, as determined by fessionals to provide services in rural and There would be $51 million authorized for the Secretary. A preference would be given underserved areas. Exposure to these set- fiscal year 1996 and such sums as necessary to those programs which train a high per- tings is generally recognized as a deter- through fiscal year 1999. Combined funding centage of individuals who enter practice in minant in whether a health professional re- for these authorities in fiscal year 1995 is state and local public health departments. turns to practice in such settings. In addi- $50.806 million. For fiscal years 1996 through Physician Assistant Training Programs tion, these centers help support practicing 1998, there would be a 4.25% setaside for the Physician assistant training programs providers in such areas through continuing centers of excellence at certain historically would receive an appropriate amount of medical education programs. Finally, the black colleges and universities. funding, as determined by the Secretary, current program for funding geriatric train- PRIMARY CARE AND PREVENTIVE MEDICINE from the appropriation for this section. ing centers could continue at the discretion TRAINING Those programs which have a higher output of the Secretary. Current Law Authorities Consolidated: Purposes: (1) Provide for the training of of providers who eventually enter practice in underserved areas would receive a preference (The numbers before each program are keyed primary care providers and preventive medi- to the Senate Labor Committee document: cine public health personnel to improve ac- for funding. Faculty Development ‘‘Health Professions Education: Summary of cess to and quality of health care in under- Federal Training Programs.’’) The Secretary would determine which type served areas and to enhance state and local 40. Area Health Education Centers public health infrastructure; (2) Provide ad- of faculty development projects to fund 41. Health Education and Training Centers ministrative flexibility and simplification. based on national and state work force goals. 42. Geriatric Education Centers General Description: Under this provision, Geriatric fellowships and faculty develop- 43. Rural Health Interdisciplinary Training funding for family physician, general pedia- ment could be funded. Summary of Provision: trician, general internist, preventive medi- Medical School Primary Care Training Eligible entities cine physician, and physician assistant Primary care training activities at med- Health professions schools, academic training would be authorized. These pro- ical schools would be funded through depart- health centers, state or local governments, viders are generally needed to fill both rural ments (or administrative units) of family or other appropriate public or private non- and underserved health professional shortage medicine, general internal medicine, or gen- profit entities. areas and to help improve staffing in public eral pediatrics. Applications from general in- health departments. Generally, priority ternal medicine and general pediatrics ad- Activities would be given to programs which have a ministrative units would be required to dem- Grants and contracts would be made as ap- history of training health professionals who onstrate their institution’s commitment to propriate to plan, develop, operate, expand, eventually enter practice in rural and urban primary care education by: (1) A mission conduct demonstration projects, and to pro- underserved areas. statement which has a primary care medical vide trainee support, for projects which: Current Law Authorities Consolidated: education objective; (2) faculty role models 1. Improve the distribution, supply, qual- (The numbers before each program are keyed and administrative units in primary care, ity, utilization, and efficiency of personnel to the Labor Committee document: ‘‘Health and general pediatrics; and (3) required un- providing health services in urban and rural Professions Education: Summary of Federal dergraduate community-based medical stu- underserved populations. Training Programs.’’) dent clerkships in family medicine, internal 2. Encourage the regionalization of edu- 1. Family Medicine Training medicine, and pediatrics. cational responsibilities of the health profes- 2. General Internal Medicine and General Outcomes evaluation sions schools into urban and rural under- Pediatrics Training served areas. Each program would be required to set per- 3. Physician Assistant Training 3. Are designed to prepare individuals ef- formance outcomes and would be held ac- 5. Preventive Medicine and Dental Public fectively to provide health services in under- countable for meeting such outcomes. The Health served areas through: preceptorships, the performance outcome standards would be 12. Geriatric Medicine and Dentistry Fac- conduct or affiliation with community-based consistent with state, local, and national ulty Development primary care residency programs, agree- work force development priorities. Summary of Provisions: ments with community-based organizations Non-Federal matching Eligible entities for the delivery of education and training in The Secretary would have discretion to re- Health professions schools, academic the health professions, and other programs. quire institutional or state and local govern- health centers, or other public or private 4. Conduct interdisciplinary training of the ment matching grants to ensure the continu- nonprofit entities could apply. various health professions. ation of the project once federal aid ends. 5. Provide continuing medical and health Activities Transition professional education to professionals prac- Grants and contracts would be made as ap- Current grantees would continue to oper- ticing in the underserved areas served by the propriate to develop, operate, expand, or im- ate under existing authorities through the grantee. prove: remainder of their funding cycles. The new A preference would be given to projects 1. Departments (or academic administra- provisions would apply only to new grants. which involve one or more health professions tive units) of family medicine. Authorization discipline or training institution, train indi- 2. Residency training programs in family viduals who actually enter practice in under- There would be $76 million authorized for medicine, general internal medicine, general served areas, and have a high output of grad- fiscal year 1996 and such sums as necessary pediatrics, or preventive medicine. uates who enter primary care practice. 3. Physician assistant training programs. through fiscal year 1999. Combined funding In addition, the Secretary may fund geri- 4. Faculty development initiatives in pri- for these authorities in fiscal year 1995 is atric training centers if the Secretary deter- mary care, including geriatrics. $75.285 million. Family medicine depart- mines such entities are needed to improve 5. Medical school primary care training ments would receive no less than 12 percent the geriatric skills of health providers. initiatives. of the overall funding. This is consistent with the current set-aside that such depart- Outcomes evaluation Departments of Family Medicine ments receive. Each program would be required to set per- Departments of family medicine would be COMMUNITY-BASED TRAINING IN UNDERSERVED formance outcomes and would be held ac- funded. Such units lead to a greater number AREAS countable for meeting such outcomes. The of medical students choosing careers in pri- performance outcome standards would be Purposes: (1) Provide support for training mary care. consistent with state, local, and national centers remote from health professions work force development priorities. Residency Training Programs schools to improve and maintain the dis- Family medicine, general internal medi- tribution of health providers in rural and Non-Federal matching cine, and general pediatrics residency pro- urban underserved areas; (2) Provide the Sec- The Secretary would have discretion to re- grams would compete with one another for retary the option of funding geriatric train- quire institutional or state and local govern- funding. Two outcome standards would be es- ing centers; (3) Provide administrative flexi- ment matching grants to ensure the continu- tablished to determine a funding preference. bility and simplification. ation of the project once federal aid ends.

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3901 Transition remainder of their funding cycles. The new issues. Funding for this council would be Current grantees would continue to oper- provisions would apply only to new grants. provided through the appropriations under ate under existing authorities through the Authorization this section. remainder of their funding cycles. The new There would be $20 million authorized for Advance Practice Nurses Training provisions would apply only to new grants. fiscal year 1996 which would be reduced to $5 Projects that support the enhancement of Authorization million by fiscal year 1999. Combined funding advanced practice nursing education and There would be $39 million authorized for for these authorities in fiscal year 1995 is practice would be funded. In addition, a fiscal year 1996 which would be reduced to $25 $20.264 million. The three-year period to grantee could use a portion of the funds to million by fiscal year 1999. Combined funding phase down this funding would allow for the provide for traineeships. Such traineeships for these authorities in fiscal year 1995 is completion of current project award periods. would provide stipends to students to help $39.159 million. The $14 billion in funding re- NURSING WORK FORCE DEVELOPMENT cover the costs of tuition, books, fees, and reasonable living expenses. Programs which ductions over the three-year period is equiv- Purposes: (1) Provide for the training of ad- could receive support under this authority alent to the current combined appropriations vanced degree nurses and other nurses to im- are those which train nurse practitioners, for the Health Education and Training Cen- prove access to and quality of health care in nurse midwives, nurse anesthetists, public ters, Rural Health Interdisciplinary Training underserved medical and public health areas; health nurses, and other advanced degree Programs, and the geriatric training centers. and (2) Provide administrative flexibility nurses. Funding will be phased down to allow for the and simplification. completion of current project funding peri- General Description: This proposal would Programs To Increase Nursing Work Force ods. provide for the training of advanced degree Diversity HEALTH PROFESSIONS WORK FORCE nurses, including nurse practitioners, nurse Projects to increase nursing education op- DEVELOPMENT midwives, nurse anesthetists, and public portunities for individuals who are from dis- Purpose: Provide support to strengthen ca- health nurses. In addition, projects to im- advantaged racial and ethnic backgrounds pacity for the education of individuals in prove nursing work force personnel diversity under-represented among registered nurses certain health professions which the Sec- and to expand the training of nurses in cer- would be funded. Such projects could provide retary determines to have a severe shortage tain priority settings would occur. The Sec- student stipends or scholarships, pre-entry of personnel and for improving the care of retary would have broad discretion to deter- preparation, or retention activities. underserved populations and other high-risk mine which projects to fund. Generally, Projects To Strengthen Basic Nurse groups. projects which would ultimately lead to a Education Current Law Authorities Consolidated: greater number of nursing providers for rural Funding priority would be given to basic (The numbers before each program are keyed and underserved areas, including local and nurse education programs designed to: (1) to the Labor Committee document: ‘‘Health state public health departments, would re- improve nursing services in schools and Professions Education: Summary of Federal ceive a funding preference. other community settings; (2) provide care Training Programs.’’) Current Law Authorities Consolidated: for underserved populations and other high- 4. Public Health Special Projects (The numbers before each program are keyed risk groups such as elderly, individuals with 6. Health Administration Traineeships and to the Labor Committee document: ‘‘Health HIV-AIDS, substance abusers, homeless, and Special Projects Professions Education: Summary of Federal battered women; (3) provide skills needed 13. Geriatric Optometry Training Training Programs.’’) under new health care systems; (4) develop 18. Nursing Special Projects 14. General Dentistry Training cultural competencies among nurses; (5) and 19. Advanced Nurse Education 15. Allied Health Advanced Training and serve other priority areas. 20. Nurse Practitioner/Nurse Midwife Edu- Special Projects Outcomes evaluation 16. Podiatric Primary Care Residency cation Training 21. Nurse Anesthetist Training Each program would be required to set per- 17. Chiropractic Demonstration Projects 22. Nursing Education Opportunities for In- formance outcomes and would be held ac- 45. AIDS Dental Services dividuals from Disadvantaged Backgrounds countable for meeting such outcomes. The Summary of Provisions: 32. Professional Nurse Traineeships performance outcome standards would be Summary of Provisions: consistent with state, local, and national Eligible Entities Eligible entities work force development priorities. Schools of medicine, osteopathic medicine, Non-Federal matching public health, dentistry, allied health, op- Schools of nursing (collegiate, associate tometry, podiatric medicine, chiropractic degree, diploma), nursing centers, state or The Secretary would have discretion to re- medicine, veterinary medicine, pharmacy, or local governments, and other public or non- quire institutional or state and local govern- graduate programs in mental health prac- profit private entities. ment matching grants to ensure the continu- tice. Activities ation of the project once federal aid ends. Activities Grants and contracts would be made, as Transition appropriate, to plan, develop, or operate: Grants and contracts would be made as ap- Current grantees would continue to oper- 1. Advanced practice nurses training pro- propriate to plan, develop, or operate pro- ate under existing authorities through the grams including programs for nurse practi- grams to strengthen the capacity for health remainder of their funding cycles. The new tioners, nurse midwives, nurse anesthetists, professions education and practice. The Sec- provisions would apply only to new grants. and public health nurses. retary shall have broad discretion to fund Authorization 2. Programs to increase nursing work force projects, but shall give priority to projects There would be $62 million authorized for diversity. which would improve care for underserved fiscal year 1996, which would be reduced to 3. Projects to strengthen the capacity for populations and other high-risk groups and $59 million for fiscal year 1999. basis nurse education in certain priority which would increase the number of practi- areas. CONSOLIDATED FINANCIAL ASSISTANCE AND tioners in any health professions field for Amounts provided under any one of these OTHER LOAN PROGRAMS which the Secretary determines there is a se- areas could be used for faculty development, Purposes: (1) Provide consolidation of cur- vere shortage of professionals. demonstrations, trainee support, work force rent loan repayment, scholarship, and schol- In general, funds under this section could analysis, technical assistance, and dissemi- arship payback programs into a flexible Na- be used to provide for faculty development, nation of information. tional Health Service Corps program requir- model demonstrations, trainee support, tech- In determining which projects to fund ing service payback in underserved areas in nical assistance, or work force analysis. under each of these areas, the Secretary return for federal financial assistance; (2) Outcomes evaluation would give priority to those projects which Continue certain loan programs which do not Each program would be required to set per- would substantially benefit rural or under- require federal appropriations or that guar- formance outcomes and would be held ac- served populations, including public health antee the availability of loan sources in the countable for meeting such outcomes. The departments. Generally, those programs market for health professions students; (3) performance outcome standards would be which tend to produce nurses for these areas, Consolidate scholarship programs for the dis- consistent with state, local, and national including primary care nurses, would receive advantaged; and (4) Provide administrative work force development priorities. funding priority. In addition, the Secretary flexibility and simplification. Non-Federal matching would have broad discretion to distribute the General Description: This proposal would appropriation among these different activity combine most of the current targeted schol- The Secretary would have discretion to re- areas. Funds would be allocated among these arship and loan repayment programs into quire institutional or state and local govern- activities to meet the priority for under- the existing National Health Service Corps ment matching grants to ensure the continu- served areas and to meet relevant national Scholarship and Loan Repayment program. ation of the project once federal aid ends. and state nursing work force goals. As such, individuals would only receive Transition The National Advisory Council on Nurse ‘‘free’’ financial support in return for service Current grantees would continue to oper- Education and Practice would continue to provided in underserved areas. This would ate under existing authorities through the advise the Secretary regarding nursing help to eliminate the shortage of over 4,000

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3902 CONGRESSIONAL RECORD — SENATE March 14, 1995 positions in primary care underserved areas sonnel, state and local health departments S. 556. A bill to amend the Trade Act and in underserved public health positions in with public health professional shortages. of 1974 to improve the provisions of state and local health departments. b. Nurses for an amount no greater than 85 trade readjustment allowances during The three scholarship programs for minori- percent of their debt for persons who agree breaks in training, and for other pur- ties and disadvantaged students would also to practice in National Health Service Corps be consolidated into a single scholarship pro- designated underserved areas. poses; to the Committee on Finance. gram for disadvantaged students. 3. Provide funding to states to operate TRADE ADJUSTMENT ASSISTANCE IMPROVEMENT The authorities which would not be con- their own loan repayment or scholarship pro- ACT solidated are those which do not require ap- grams. States could designate their own un- Mr. KERRY. Mr. President, last Oc- propriations but, rather, are revolving loan derserved areas utilizing their own criteria if tober I received a letter from a Mrs. funds which currently exist at schools. In ad- such criteria are approved by the Secretary. Myra Hoey of Blandford, MA. Mrs. dition, the current Health Education Assist- The Secretary would determine how much Hoey detailed a problem that her hus- to provide for each activity to meet the ance Loan Guarantee program would also be band, David, was having with the Trade left in place. goals of providing service to underserved (This consolidated program is meant to areas and retaining providers in underserved Adjustment Assistance program which complement and other federal financial as- areas. States applying for grant funding to oversees the benefits provided to work- sistance programs for which health profes- run their own programs would receive pri- ers displaced by the North American sional and public health professional stu- ority. Free-Trade Agreement. David Hoey dents qualify. Generally, the funds provided Authorization was an employee at the Westfield River under the Perkins and Stafford Loan pro- There would be $90 million authorized for Paper Co. in Massachusetts. Along grams, administered through the Depart- fiscal year 1996 and such sums as necessary with over 100 other employees, David ment of Education, provide sufficient re- through fiscal year 1999. This amount of lost his job when the paper company sources to allow anyone the opportunity to funding is consistent with the combined cur- moved to Canada after Congress ap- pursue a career in any health professions rent appropriations for these programs. training program. For instance, medical stu- proved NAFTA. dents may qualify for $23,500 annually in B. Scholarships for Disadvantaged Students When we passed NAFTA in 1993, we loans under these two programs—more than Eligible entities recognized the importance of assisting enough to finance the average medical Health professions schools. those working families, like the Hoeys, school education.) Activities who might be displaced by this agree- Current Law Authorities Consolidated: The Secretary would award grants to ment in obtaining gainful employment (The numbers before each program are keyed health professions schools for the awarding in another field through the Trade Ad- to the Labor Committee document: ‘‘Health of scholarships to disadvantaged students. justment Assistance Program. For Professions Education: Summary of Federal Eligible entities would receive a preference Training Programs.’’ many years the Trade Adjustment As- based on the proportion of graduating stu- 23. Scholarships for Disadvantaged Stu- sistance Program has been very helpful dents going into primary care, the propor- dents to the citizens of this Nation by help- tion of minority students, and the propor- 25. Exceptional Financial Need Scholar- tion of graduates working in medically un- ing them to seize an opportunity for a ships derserved areas. second chance—for another career or 26. Financial Assistance to Disadvantaged Authorization further education. However, Mr. Presi- Health Professions Students dent, occasionally some Federal guide- 28. State Loan Repayment Program There would be $32 million authorized for 29. Community Based Scholarship Program fiscal year 1996 through 1999. This amount of lines fall behind the times and need to 30. Nursing Loan Repayment Program funding is consistent with the combined cur- be adjusted in order to continue to be 36. National Health Service Corps Scholar- rent appropriation for these programs. effective. Mrs. Hoey and the other ship Program Part II. Current Loan Authorities Continued workers in Westfield, MA, discovered— 37. National Health Service Corps Loan Re- Without Appropriations the hard way—that the Trade Adjust- payment Program Activities ment Assistance Program has problems 39. Public Health Traineeships The current Nursing Student Loan (NSL) that need to be fixed. Current Law Authorities Continued With- Workers displaced because of import- out Consolidation: (These are revolving loan program, Primary Care Loan (PCL) program, funds administered by schools which do not Health Professions Student Loan (HPSL) related movement of companies are eli- require appropriations.) program, and the Loans for Disadvantaged gible for trade adjustment assistance 33. Nursing Student Loan Students (LDS) programs would continue. [TAA]. Workers displaced specifically 34. Primary Care Loan Program These programs would continue using the re- because of NAFTA related movement 35. Health Professional Student Loans volving funds which remain at health profes- are eligible for trade readjustment al- 36. Loans for Disadvantaged Students sions schools. lowances [TRA]. TAA and TRA provide Current Law Authority Requiring a Sepa- Authorization 52 weeks of unemployment insurance- rate Appropriation: There would be $8 million authorized in like payments to these workers and 38. Health Education Assistance Loans each of fiscal years 1996 through 1998 for the Summary of Provisions: pay for approved training programs to LDS program. For fiscal year 1999, the au- train these workers. Part I. Consolidated Scholarships and Loans thority for appropriations would be repealed after the revolving funds begin to be paid Because their employer moved to A. National Health Service Corps Canada, the Westfield River Paper Co. Scholarship and Loan Payback back by current loan recipients. The NSL, PCL, and HPSL programs, which employees were eligible for TRA, and a Eligible entities do not currently receive appropriations, number of them began a retraining pro- Health professionals and public health pro- would not be authorized to receive appro- gram at Springfield Technical Commu- fessionals (for loan payback only). priations. nity College during the fall of last Activities Part III. HEAL Loans year. These workers dedicated them- The Secretary would have broad authority Activities selves to the task of learning new to offer the following scholarship or loan re- The HEAL loan program would continue in skills so that they could support their payment options to persons who agree to its current form. families. However, during Christmas provide services through the National Health Service Corps in underserved areas. This con- Authorization break from their training, these hard- solidated authority would be patterned after This program would continue to be author- working former employees found out the existing National Health Service Corps ized at such sums as necessary to guarantee that their benefits were cut off for a Scholarship and Loan Repayment programs. sufficient funds for the insurance pool for full month. 1. Provide scholarships to health profes- loan defaulters. The current premiums pro- This is because the law that created sional students in return for a commitment vided by borrowers are insufficient to meet TAA includes a provision that limits for such students to practice in the National the needs of this fund. As a result of reforms TAA and TRA payments during sched- Health Service Corps in underserved areas made in this program in fiscal year 1992, uled breaks in training to the first 14 once their education is completed. HHS is improving its loan collection and the insurance fund is growing. Over time, this days of these breaks. 2. Provide loan repayment to: Consequently, those workers who are a. Health professionals and public health program may not require appropriations. personnel in return for a commitment from The current appropriation is $24.972 million. out of work and are training for new such persons to practice in the National jobs and who are enrolled in programs Health Service Corps designated underserved By Mr. KERRY (for himself and with 6-week winter breaks lose a sites or, in the case of public health per- Mr. KENNEDY): month of benefits, even though they

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3903 are willingly participating in good most recent separation in order to de- sponsor of S. 14, a bill to amend the faith in a training program and have termine whether retraining is needed. Congressional Budget and Impound- no other source of income. The missed This would provide the worker an op- ment Control Act of 1974 to provide for weeks of benefits are tacked on to the portunity to conduct a job search and the expedited consideration of certain end of the displaced workers’ benefit to explore other options before making proposed cancellations of budget items. year so that a total of 52 weeks of TRA an enrollment decision, while at the S. 141 is still provided. same time encouraging the person to The motivation behind this provision make a decision at a point early At the request of Mrs. KASSEBAUM, is to encourage workers to chose train- enough to promote effective adjust- the name of the Senator from New ing programs with shorter breaks so ment. Hampshire [Mr. SMITH] was added as a that the workers will be moved into Therefore, this bill takes into ac- cosponsor of S. 141, a bill to repeal the the workforce with greater speed. In count situations involving recalls and Davis-Bacon Act of 1931 to provide new addition, workers are implicitly en- would require that in order to qualify job opportunities, effect significant couraged to select programs that train for TRA, a worker must enroll in train- cost savings on Federal construction them quickly because benefits only ing by the end of the 16th week after contracts, promote small business par- last 1 year. his or her most recent separation from ticipation in Federal contracting, re- However, not all workers have a the impacted firm. duce unnecessary paperwork and re- plethora of programs from which to These two changes, one to both TAA porting requirements, and for other choose. Some are limited to only those and TRA, and one only to TRA, would purposes. programs offered by their local com- improve the entire TAA system in S. 234 munity college. Most colleges and uni- small but tangible ways, and at slight versities have winter breaks longer additional cost enable these programs At the request of Mr. CAMPBELL, the than what is allowed by TRA, and as a more effectively to help the people name of the Senator from Maine [Ms. result, benefits are temporarily sus- they were designed to aid. People like SNOWE) was added as a cosponsor of S. pended to those people enrolled in this David and Myra Hoey, and other work- 234, a bill to amend title 23, United program at those colleges. ers in Michigan, Tennessee, Wash- States Code, to exempt a State from Extending to 45 calendar days the pe- ington, Pennsylvania, and around the certain penalties for failing to meet re- riod of a break in training through Nation will get the assistance they quirements relating to motorcycle hel- which TAA and TRA benefits can be need to get back on their feet and into met laws if the State has in effect a paid would be helpful to displaced motorcycle safety program, and to workers. It would be very nearly cost- the work force. Mr. President, I ask unanimous con- delay the effective date of certain pen- neutral, because no additional weeks of alties for States that fail to meet cer- benefits would be provided, and it sent that the text of the bill be printed tain requirements for motorcycle safe- would eliminate inequities in the exist- in the RECORD. There being no objection, the bill was ty laws, and for other purposes. ing system. And at the risk of redun- ordered to be printed in the RECORD, as dancy, workers would still be encour- S. 256 aged to choose programs with smaller follows: At the request of Mr. DOLE, the breaks, because the total amount of S. 556 names of the Senator from Colorado time that they will receive benefits Be it enacted by the Senate and House of Rep- [Mr. CAMPBELL], the Senator from will still be only a year. Finally, a 45 resentatives of the United States of America in Washington [Mrs. MURRAY], and the calendar day training break limitation Congress assembled, Senator from Iowa [Mr. HARKIN] were would encourage workers to engage in SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Trade Ad- added as cosponsors of S. 256, a bill to summer programs if their period of re- justment Assistance program Improvement amend title 10, United States Code, to training overlaps summer recess. act of 1995’’. The bill I am introducing today, the establish procedures for determining SEC. 2. PROVISION OF TRADE READJUSTMENT the status of certain missing members Trade Adjustment Assistance Program ALLOWANCES DURING BREAKS IN Improvement Act, provides this in- TRAINING. of the Armed Forces and certain civil- crease in the training break during Section 233(f) of the Trade Act of 1974 (19 ians, and for other purposes. which benefits may continue to be U.S.C. 2293(f)) is amended by striking ‘‘14 S. 258 paid. It also would clear up another days’’ and inserting ‘‘45 days’’. problem as well, one that touches only SEC. 3. TRANSITIONAL ADJUSTMENT ASSIST- At the request of Mr. PRYOR, the on TRA’s. I welcome my distinguished ANCE PROGRAM. name of the Senator from West Vir- senior colleague from Massachusetts, (a) IN GENERAL.—Section 250(d)(3)(B)(i) of ginia [Mr. ROCKEFELLER] was added as the Trade Act of 1974 (19 U.S.C. a cosponsor of S. 258, a bill to amend Senator KENNEDY, as an original co- 2331(d)(3)(B)(i)) is amended by striking ‘‘of sponsor. the Internal Revenue Code of 1986 to such worker’s initial unemployment com- provide additional safeguards to pro- In order to qualify for a TRA, the law pensation benefit period’’ and inserting currently requires a displaced worker ‘‘after such worker’s most recent qualifying tect taxpayer rights. to enroll in training by the end of the separation’’. S. 277 16th week after his or her initial unem- (b) EFFECTIVE DATE.—The amendment ployment compensation benefit period. made by subsection (a) shall apply with re- At the request of Mr. D’AMATO, the the rationale for the time limit is that spect to workers covered under a certifi- name of the Senator from Washington adjustment assistance is generally cation issued on or after the date of enact- [Mr. GORTON] was added as a cosponsor ment of this Act. more effective if adjustment decisions of S. 277, a bill to impose comprehen- are made relatively early in the unem- f sive economic sanctions against Iran. ployment period. However, the current ADDITIONAL COSPONSORS S. 293 language creates some inequities be- S. 12 cause the initial benefit period is trig- At the request of Mr. CONRAD, the At the request of Mr. BREAUX, the gered by initial lay offs and continues name of the Senator from Minnesota name of the Senator from Connecticut to run even if a worker is recalled. [Mr. WELLSTONE] was added as a co- For example, if a worker is recalled 4 [Mr. DODD] was added as a cosponsor of sponsor of S. 293, a bill to amend title weeks after an initial layoff, then is S. 12, a bill to amend the Internal Rev- 38, United States Code, to authorize laid off a second time after 12 weeks of enue Code of 1986 to encourage savings the payment to States of per diem for employment, that worker would not and investment through individual re- veterans receiving adult day health qualify for TRA even if the worker im- tirement accounts, and for other pur- care, and for other purposes. mediately enrolled in training because poses. S. 327 the 16 weeks of his initial benefit pe- S. 14 riod would have expired. At the request of Mr. DOMENICI, the At the request of Mr. HATCH, the It makes a lot more sense to allow name of the Senator from California name of the Senator from Nevada [Mr. the worker 16 weeks from his or her [Mrs. FEINSTEIN] was added as a co- REID] was added as a cosponsor of S.

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3904 CONGRESSIONAL RECORD — SENATE March 14, 1995 327, a bill to amend the Internal Rev- sponsor of S. 511, a bill to require the were added as cosponsors of Senate enue Code of 1986 to provide clarifica- periodic review and automatic termi- Concurrent Resolution 9, a concurrent tion for the deductibility of expenses nation of Federal regulations. resolution expressing the sense of the incurred by a taxpayer in connection S. 469 Congress regarding a private visit by with the business use of the home. At the request of Mr. GREGG, the President Lee Teng-hui of the Republic S. 351 names of the Senator from Wyoming of China of Taiwan to the United At the request of Mr. HATCH, the [Mr. THOMAS], the Senator from Min- States. name of the Senator from Wyoming nesota [Mr. GRAMS], and the Senator SENATE RESOLUTION 79 [Mr. SIMPSON] was added as a cosponsor from Georgia [Mr. COVERDELL] were At the request of Mr. SPECTER, the of S. 351, a bill to amend the Internal added as cosponsors of S. 469, a bill to names of the Senator from South Da- Revenue Code of 1986 to make perma- eliminate the National Education kota [Mr. PRESSLER], the Senator from nent the credit for increasing research Standards and Improvement Council California [Mrs. BOXER], the Senator activities. and opportunity-to-learn standards. from Mississippi [Mr. COCHRAN], the S. 375 S. 476 Senator from New Hampshire [Mr. At the request of Mr. ABRAHAM, the At the request of Mr. NICKLES, the GREGG], the Senator from Maryland names of the Senator from Oklahoma name of the Senator from Arizona [Mr. [Mr. SARBANES], the Senator from Mas- [Mr. INHOFE], the Senator from Mis- KYL] was added as a cosponsor of S. 476, sachusetts [Mr. KENNEDY], the Senator sissippi [Mr. COCHRAN], and the Senator a bill to amend title 23, United States from California [Mrs. FEINSTEIN], the from Mississippi [Mr. LOTT] were added Code, to eliminate the national max- Senator from Texas [Mrs. HUTCHISON], as cosponsors of S. 375, a bill to impose imum speed limit, and for other pur- the Senator from Connecticut [Mr. a moratorium on sanctions under the poses. LIEBERMAN], the Senator from Nevada [Mr. REID], the Senator from Maryland Clean Air Act with respect to marginal S. 520 [Ms. MIKULSKI], the Senator from Iowa and moderate ozone nonattainment At the request of Mr. SHELBY, the [Mr. GRASSLEY], the Senator from Vir- areas and with respect to enhanced ve- name of the Senator from Connecticut ginia [Mr. ROBB], the Senator from hicle inspection and maintenance pro- [Mr. LIEBERMAN] was added as a co- New Mexico [Mr. DOMENICI], the Sen- grams, and for other purposes. sponsor of S. 520, a bill to amend the ator from Wyoming [Mr. SIMPSON], the S. 388 Internal Revenue Code of 1986 to allow Senator from South Carolina [Mr. HOL- At the request of Ms. SNOWE, the a refundable tax credit for adoption ex- LINGS], the Senator from Delaware [Mr. names of the Senator from Kansas [Mr. penses. BIDEN], the Senator from New Jersey DOLE] and the Senator from Pennsyl- S. 530 [Mr. BRADLEY], the Senator from Ha- vania [Mr. SANTORUM] were added as At the request of Mr. GREGG, the waii [Mr. INOUYE], the Senator from cosponsors of S. 388, a bill to amend names of the Senator from New Mexico title 23, United States Code, to elimi- West Virginia [Mr. ROCKEFELLER], the [Mr. DOMENICI], the Senator from Senator from New York [Mr. MOY- nate the penalties for noncompliance North Carolina [Mr. HELMS], and the by States with a program requiring the NIHAN], the Senator from Delaware [Mr. Senator from Wyoming [Mr. THOMAS] ROTH], the Senator from Massachusetts use of motorcycle helmets, and for were added as cosponsors of S. 530, a other purposes. [Mr. KERRY], the Senator from Wash- bill to amend the Fair Labor Standards ington [Mrs. MURRAY], the Senator S. 395 Act of 1938 to permit State and local from Connecticut [Mr. DODD], the Sen- At the request of Mr. MURKOWSKI, the government workers to perform volun- ator from Vermont [Mr. JEFFORDS], the names of the Senator from California teer services for their employer with- Senator from Alabama [Mr. HEFLIN], [Mrs. FEINSTEIN] and the Senator from out requiring the employer to pay the Senator from Georgia [Mr. COVER- Arizona [Mr. KYL] were added as co- overtime compensation, and for other DELL], the Senator from Maine [Mr. sponsors of S. 395, a bill to authorize purposes. COHEN], the Senator from Illinois [Ms. and direct the Secretary of Energy to S. 531 MOSELEY-BRAUN], the Senator from sell the Alaska Power Marketing Ad- At the request of Mr. HATCH, the Maine [Ms. SNOWE], the Senator from ministration, and for other purposes. name of the Senator from Illinois [Mr. Virginia [Mr. WARNER], the Senator S. 428 SIMON] was added as a cosponsor of S. from Wisconsin [Mr. KOHL], the Sen- At the request of Mr. ROTH, the name 531, a bill to authorize a circuit judge ator from Kansas [Mr. DOLE], the Sen- of the Senator from New York [Mr. who has taken part in an en banc hear- ator from Georgia [Mr. NUNN], the Sen- MOYNIHAN] was added as a cosponsor of ing of a case to continue to participate ator from South Carolina [Mr. THUR- S. 428, a bill to improve the manage- in that case after taking senior status, MOND], the Senator from Rhode Island ment of land and water for fish and and for other purposes. [Mr. CHAFEE], and the Senator from wildlife purposes, and for other pur- SENATE JOINT RESOLUTION 21 Kansas [Mrs. KASSEBAUM] were added poses. At the request of Mr. THOMPSON, the as cosponsors of Senate Resolution 79, S. 440 name of the Senator from South Da- a resolution designating March 25, 1995, At the request of Mr. WARNER, the kota [Mr. PRESSLER] was added as a co- as ‘‘Greek Independence Day: A Na- names of the Senator from Louisiana sponsor of Senate Joint Resolution 21, tional Day of Celebration of Greek and [Mr. BREAUX] and the Senator from a joint resolution proposing a constitu- American Democracy.’’ New Mexico [Mr. BINGAMAN] were tional amendment to limit congres- SENATE RESOLUTION 80 added as cosponsors of S. 440, a bill to sional terms. At the request of Mr. DORGAN, the amend title 23, United States Code, to SENATE CONCURRENT RESOLUTION 9 name of the Senator from South Caro- provide for the designation of the Na- At the request of Mr. MURKOWSKI, the lina [Mr. HOLLINGS] was added as a co- tional Highway System, and for other names of the Senator from Iowa [Mr. sponsor of Senate Resolution 80, a reso- purposes. GRASSLEY], the Senator from Vermont lution expressing the sense of the Sen- S. 445 [Mr. JEFFORDS], the Senator from ate on the impact on the housing in- At the request of Mr. D’AMATO, the North Carolina [Mr. FAIRCLOTH], the dustry of interest rate increases by the name of the Senator from Delaware Senator from Maine [Ms. SNOWE], the Federal Open Market Committee of the [Mr. ROTH] was added as a cosponsor of Senator from Montana [Mr. BURNS], Federal Reserve System. S. 445, a bill to expand credit avail- the Senator from Kentucky [Mr. SENATE RESOLUTION 85 ability by lifting the growth cap on MCCONNELL], the Senator from Maine At the request of Mr. CHAFEE, the limited service financial institutions, [Mr. COHEN], the Senator from Georgia names of the Senator from Kentucky and for other purposes. [Mr. COVERDELL], the Senator from Ar- [Mr. MCCONNELL] and the Senator from S. 511 izona [Mr. KYL], the Senator from Ten- Florida [Mr. MACK] were added as co- At the request of Mr. DOMENICI, the nessee [Mr. THOMPSON], the Senator sponsors of Senate Resolution 85, a res- name of the Senator from North Caro- from Texas [Mrs. HUTCHISON], and the olution to express the sense of the Sen- lina [Mr. HELMS] was added as a co- Senator from Michigan [Mr. ABRAHAM] ate that obstetrician-gynecologists

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3905 should be included in Federal laws re- meet on Tuesday, March 14, for a hear- here on the Senate floor, and often in lating to the provision of health care. ing at 10 a.m. on nuclear nonprolifera- print, that in order to make any real AMENDMENT NO. 331 tion. progress in reducing gun violence, we At the request of Mrs. KASSEBAUM, The PRESIDING OFFICER. Without must seek to control ammunition. I the name of the Senator from Missouri objection, it is so ordered. have put it that ‘‘Guns don’t kill peo- [Mr. BOND] was added as a cosponsor of COMMITTEE ON THE JUDICIARY ple, bullets do.’’ ammendment No. 331 proposed to H.R. Mr. KEMPTHORNE. Mr. President, I This is not to say that I do not sup- 889, a bill making emergency supple- ask unanimous consent that the Com- port gun control; I certainly do. I was mental appropriations and rescissions mittee on the Judiciary be authorized an original cosponsor of the Brady bill to preserve and enhance the military to meet during the session of the Sen- when it was first introduced in 1989, readiness of the Department of Defense ate on Tuesday, March 14, 1995, at 9 and was proud to vote for it when it fi- for the fiscal year ending September 30, a.m. to hold a hearing on proposals to nally passed the Senate in 1993. We are 1995, and for other purposes. reduce illegal immigration and reduce all pleased at the very real difference the Brady law has made. Just 1 year f costs to taxpayers. The PRESIDING OFFICER. Without after it became effective, background NOTICES OF HEARINGS objection, it is so ordered. checks under the Brady law have al- COMMITTEE ON INDIAN AFFAIRS COMMITTEE ON LABOR AND HUMAN RESOURCES ready prevented 45,000 felons and other prohibited persons from purchasing Mr. MCCAIN. Mr. President, I would Mr. KEMPTHORNE. Mr. President, I like to announce that the Senate Com- ask unanimous consent that the Com- handguns. No doubt a significant num- mittee on Indian Affairs will be holding mittee on Labor and Human Resources ber of lives were saved as a result. a hearing on Wednesday, March 15, be authorized to meet for a hearing on Yet the fact remains that there are 1995, beginning at 2:30 p.m., in room 485 effective health care reform in a chang- already some 200 million firearms in of the Russell Senate Office Building ing marketplace, during the session of circulation in the United States. These on S. 349, a bill to reauthorize appro- the Senate on Tuesday, March 14, 1995 weapons are not going away. With a priations for the Navajo-Hopi Reloca- at 10 a.m. minimum of care they will last indefi- tion Housing Program. The PRESIDING OFFICER. Without nitely. I recall that as an officer of the Those wishing additional information objection, it is so ordered. deck in the Navy of the 1940’s, I was should contact the Committee on In- SUBCOMMITTEE ON ACQUISITION AND issued a Colt model 1911 .45 caliber dian Affairs at 224–2251. TECHNOLOGY sidearm. That particular handgun was first sold to the U.S. military in 1912, SPECIAL COMMITTEE ON AGING Mr. KEMPTHORNE. Mr. President, I and continued to be used in the Navy Mr. COHEN. Mr. President, I wish to ask unanimous consent that the Sub- until very recently. Use of weapons 35 announce that the Special Committee committee on Acquisition and Tech- or even 50 years old has been common on Aging will hold a hearing on Tues- nology of the Committee on Armed in our Armed Forces—and these guns day, March 21, 1995, at 9:30 a.m., in Services be authorized to meet at 2:30 still work perfectly. room 216 of the Hart Senate Office p.m. on Tuesday, March 14, 1995, in Building. The subject of the hearing is open session, to receive testimony on We probably have a two-century sup- health care fraud. the technology base programs in the ply of guns in circulation today. On the Department of Defense. other hand we have something like a 4- f The PRESIDING OFFICER. Without year supply of bullets. This has led me AUTHORITY FOR COMMITTEES TO objection, it is so ordered. to conclude that a different approach is MEET SUBCOMMITTEE ON HOUSING OPPORTUNITY AND needed. COMMUNITY DEVELOPMENT Gun violence is a public health epi- COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY Mr. KEMPTHORNE. Mr. President, I demic and therefore demands an epide- Mr. KEMPTHORNE. Mr. President, I ask unanimous consent that Sub- miological response. An epidemiologist ask unanimous consent that the Com- committees on Housing Opportunity will tell you that in order to cope with mittee on Agriculture, Nutrition, and and Community Development and HUD any epidemic, you must eliminate the Forestry be allowed to meet during the Oversight and Structure, of the Com- pathogen, or the agent causing the dis- session of the Senate on Tuesday, mittee on Banking, Housing, and ease. In 1992, Dr. Lester Adelson made March 14, at 9:30 a.m., in SR–332, to dis- Urban Affairs be authorized to meet precisely this argument in an article cuss conservation, wetlands and farm during the session of the Senate on entitled ‘‘The Gun and the Sanctity of policy. Tuesday, March 14, 1995, to conduct a Human Life: the Bullet as Pathogen’’ The PRESIDING OFFICER. Without hearing on HUD reorganization. in the ‘‘Archives of Surgery.’’ In the objection, it is so ordered. The PRESIDING OFFICER. Without case of gun violence, the pathogen is objection, it is so ordered. the bullet. I say again, guns don’t kill COMMITTEE ON FINANCE people, bullets do. Mr. KEMPTHORNE. Mr. President, I SUBCOMMITTEE ON DRINKING WATER, FISHERIES I have been making this point for ask unanimous consent that the Fi- AND WILDLIFE many years now, but with only the nance Committee be permitted to meet Mr. KEMPTHORNE. Mr. President, I slightest success in getting it across. Tuesday, March 14, 1995, in room 215 of ask unanimous consent that the Sub- We have had two small but significant the Dirksen Senate Office Building, be- committee on Drinking Water, Fish- achievements: in 1986 and again in 1994, ginning at 9:30 a.m., to conduct a hear- eries, and Wildlife be granted permis- I was able to secure enactment of pro- ing on welfare reform. sion to meet Tuesday, March 14, at 10 visions to ban the manufacture or im- The PRESIDING OFFICER. Without a.m. to consider S. 503, a bill to amend portation of armor-piercing ammuni- objection, it is so ordered. the Endangered Species Act of 1973 to impose a moratorium on the listing of tion: the so-called cop-killer ballets. COMMITTEE ON FOREIGN RELATIONS species as endangered or threatened This was done with considerable dif- Mr. KEMPTHORNE. Mr. President, I and the designation of critical habitat. ficulty in the first instance because, al- ask unanimous consent that the Com- The PRESIDING OFFICER. Without though the police groups, led by Phil mittee on Foreign Relations be author- objection, it is so ordered. Caruso and the New York Patrolmen’s ized to meet during the session of the Benevolent Association, were strongly f Senate on Tuesday, March 14, 1995, at supportive, the National Rifle Associa- 10 to hold a nominations hearing. ADDITIONAL STATEMENTS tion was not, and in the end only The PRESIDING OFFICER. Without grudgingly supported the bill. That objection, it is so ordered. bill, the Law Enforcement Officers Pro- COMMITTEE ON GOVERNMENTAL AFFAIRS PASADENA ADOPTS AMMUNITION tection Act of 1986, was the first law to Mr. KEMPTHORNE. Mr. President, I CONTROL outlaw a round of ammunition. In 1994 ask unanimous consent on behalf of the ∑ Mr. MOYNIHAN. Mr. President, for in the crime bill, we updated the 1986 Governmental Affairs Committee to more than a decade now, I have argued act to cover a new round of armor-

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3906 CONGRESSIONAL RECORD — SENATE March 14, 1995 piercing ammunition being made in Pasadena has taken but the tiniest of steps York. It is a great credit to New York Sweden. with this ordinance. But it is a measure of State institutions that their leadership These were important but really only the headlock in which the gun lobby has held has culminated in this exciting dis- incremental steps. The slaughter in the federal, state and local lawmakers that even covery. these tepid, sensible restrictions on bullet streets goes on. But Mr. President, we sales can be so strongly resisted as an in- Again, I congratulate Dr. Grannis on may have some good news. An editorial fringement on the right of self-defense. After this tremendous achievement and wish in the March 1, 1995, edition of the Los all, as Pasadena Police Chief Jerry Oliver him continued success. Dr. Grannis Angeles Times describes a bold new ini- noted at the start of the council meeting, lives in Stony Brook, NY with his wife tiative in Pasadena, CA, where the city ‘‘Tonight, it is easier to buy 9-millimeter Barbara and has four children: Jen- council has adopted one of the first or- ammunition than it is to buy a can of spray nifer, Eliza, Helena, and David. dinances in the Nation restricting the paint.’’ That discrepancy is nuts. Mr. President, I ask that the March sale of ammunition. I ask that this ar- The most powerful criticism of the new or- 3, 1995, New York Times article by Mal- dinance is that it may not be very effective. colm W. Browne describing this dis- ticle be printed in the RECORD. Pasadena kids and adults bent on violence Gun dealers in Pasadena must now may simply seek their bullets in nearby covery be included in the RECORD fol- record not only their sales of guns, but Glendale, Los Angeles or La Canada. Alone, lowing the text of these remarks. also of ammunition. And why? Pasa- Pasadena can realistically do little to reduce [From the New York Times, Mar. 2, 1995] dena Chief of Police Jerry Oliver gun violence. ELUSIVE ATOMIC PARTICLE FOUND BY summed it up nicely when he said But the true worth of Pasadena’s ordi- PHYSICISTS In Pasadena tonight, at this very moment, nance—its value as an example—was appar- (By Malcolm W. Browne) ent even before its passage. Monday after- it is easier to buy a box of 9-millimeter BATAVIA, IL., March 2—Culminating nearly rounds than it is to buy a can of spray paint. noon the Los Angeles City Council took the first steps to follow Pasadena’s lead. The a decade of intense effort, two rival groups of Last September, I noted on this floor council’s Public Safety Committee asked the physicists announced today that they had that the city of Chicago had become city attorney to draft an ordinance pat- found the elusive top quark—an ephemeral the first municipality in the Nation to terned on Pasadena’s. Then, on Tuesday, building block of matter that probably holds ban the sale of all handgun ammuni- Azusa’s police chief vowed to seek such an clues to some of the ultimate riddles of ex- istence. tion. Now Pasadena has taken steps to ordinance there. If Los Angeles and Azusa—as we hope— The announcements brought sustained ap- regulate the sale of bullets. This won’t plause and a barrage of questions from an prevent buyers from going to neigh- pass bullet laws, more cities are sure to fol- low. Then, what began as, in part, a symbolic overflow audience of physicists at the Fermi boring Los Angeles to buy ammuni- gesture reflecting the desperation of Pasa- National Accelerator Laboratory, where the tion, but similar steps are now being dena’s leaders to ‘‘do something’’ about gun work was done. Fermilab has the world’s considered in Los Angeles, and in near- crime will become a tough tool against most powerful particle accelerator. The two competing scientific teams, each by Azusa as well. criminals throughout this violence-weary re- with about 450 scientists and each using a Mr. President, I hope the actions of gion.∑ separate detection system, reported that Chicago and Pasadena represent a f after a long chase in which there had been turning point in our thinking about DISCOVERY OF THE TOP QUARK several false sightings of the top quark, this this problem. I hope other cities and monstrously heavy but elusive particle has towns recognize the potential of am- ∑ Mr. D’AMATO. Mr. President, I rise finally been cornered and measured. The re- munition control to bring about real today to congratulate Dr. Paul D. sults of the two groups’ independent meas- progress in the fight against gun vio- Grannis and the New York State D– urements differed somewhat, but when mar- lence. I hope the States and the Fed- Zero collaboration members on the dis- gins of error were taken into account, the eral Government will come around to covery of the Top Quark. scientists agreed that the results were con- Dr. Grannis is a physicist at the sistent. this idea as well. We need a new ap- One of the teams, the CDF Collaboration proach, we need bold action, and we State University of New York at Stony (standing for Collider Detector at Fermilab) need it soon. Pasadena has the right Brook and is a leader of an inter- reported last April that it had found evi- idea. Let us hope the rest of the Nation national collaboration of scientists dence of the quark’s existence. But at the is paying attention. working at Fermi National Accelerator time, the group lacked enough statistical The article follows: Lab in Batavia, IL. evidence to claim discovery, and the com- [From the Los Angeles Times, Mar. 1, 1995] The D–Zero collaboration includes peting group, the D0 (for D–Zero) Collabora- tion, which had even less evidence of its own, HOW DESPERATION BECOMES A TOOL scientists from Brookhaven National Laboratory, Columbia University, New branded the CDF announcement as pre- PRODDED BY EVER-RISING MAYHEM, PASADENA mature. PASSES A LAW REGULATING BULLET SALES York University, and the University of The achievement claimed today by both Bravo to the members of the Pasadena Rochester as well as those from the teams leaves virtually no room for doubt, City Council. By a vote of 5 to 2, the council State University of New York at Stony however, and the discovery was hailed as a adopted what is believed to be the nation’s Brook. Scientists from Rockefeller landmark in science. Hazel O’Leary, who as first municipal law restricting bullet sales. University also participated in the dis- Secretary of Energy heads the Federal agen- Approval did not come easily, however. covery. cy providing most of the money for research Emotions ran high: Ordinance supporters, The discovery of the Top Quark is at Fermilab, called the discovery a ‘‘major outraged by street violence, verbally battled one of the most important achieve- contribution to human understanding of the with gun enthusiasts who reject even the fundamentals of the universe.’’ most reasonable restrictions. The vote did ments in high energy physics this dec- The finding confirms a prediction based on not occur until shortly before midnight, ade. The Top is the last of six Quarks a theory known as the Standard Model that after five hours of debate. Dozens of backers to be discovered and is an integral part nature has provided the universe with six and opponents of the ordinance offered im- of the Standard Model of modern phys- types of quarks; the other five, the up, down, passioned testimony before a standing-room- ics. This Standard Model not only strange, charm and bottom quarks had all only crowd. Tempers flared; one council serves as the basis for our under- been known or discovered by 1977. Since the member temporarily left the proceedings in standing of physics but defines the fun- infancy of the universe shortly after the Big angrily reacting to pro-ordinance comments damental building blocks of the Uni- Bang—estimated at 10 billion to 20 billion by the police chief. Cheers and catcalls broke years ago—only the up and down quarks out often. verse. have survived in nature, and the protons and And what was all the fuss over? The new Dr. Grannis has headed the D–Zero neutrons that make up the nuclei of all ordinance requires anyone buying bullets in collaboration at Fermilab for over a atoms are built from combinations of these Pasadena to provide identification showing decade. During this tenure he has com- two quarks; the other quarks disappeared proof of age and to complete a registration muted to Illinois nearly every week from the observed universe, but have been form listing the amount, brand and type of while never failing to meet his com- recreated by modern particle accelerators. ammunition purchased. mitment to academics and teaching in Dr. Leon M. Lederman, a winner of the The measure is intended to curtail sales of New York. Nobel Prize in Physics and the former direc- bullets to juveniles—such sales are already tor of Fermilab, said at today’s meeting that illegal but nonetheless widespread—and to I commend him on his extraordinary he doubted there could be any more quark provide police with information that may commitment—which I believe exempli- types but that ‘‘we know there’s a lot of dark help link bullets found at a crime scene with fies the high standard of dedication to matter out in the universe that we can’t suspects. both research and education in New identify.’’

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — SENATE S3907 ‘‘We’re still in for a lot of surprises,’’ he about 176 billion electron-volts, give or take ate that during the past week, 13 peo- added. about 13 billion. ple were murdered by gunshot in New But more important than merely com- These results, the competing teams say, York City, bringing this year’s total to pleting the table of quarks predicted by the- are in reasonably close agreement. At any ∑ ory, the top quark may now begin to shed rate, they agree that they have found the 120. light on a deep philosophical question: ev- quark, and that there is only one chance in f erything in the universe, from the most dis- about one million that the results could have tant galaxy to a rose petal, is made of been caused by anything besides the decays MEASURE READ FOR THE FIRST quarks. Were the masses and other prop- of pairs of top and antitop quarks. TIME—H.R. 956 erties of these particles determined by ran- One of the main difficulties in identifying Mr. DOLE. Mr. President, I inquire of dom chance, or by some fundamental uni- the top quark is that it cannot be seen di- the Chair if H.R. 956 has arrived from fying plan? If so, what is that plan, and how rectly. When one is created from the im- might gravity, the least understood of the mense pool of energy formed in the collisions the House of Representatives. four forces of nature, be related to it? of protons and antiprotons accelerated by The PRESIDING OFFICER. The Sen- ‘‘This monster, compared with all the Fermilab’s Tevatron, its lifetime is so brief ator is correct. other quarks, is like a big cowbird’s egg in a that no detector could sense it. But the top Mr. DOLE. Therefore, I ask for its nest of little sparrow eggs,’’ said Dr. Paul D. quark disintegrates into hundreds of daugh- first reading. Grannis, a leader of the DO group. ‘‘It’s so ter particles, which in turn decay into cas- The PRESIDING OFFICER. The peculiar it must hold clues to some impor- cades of other particles. clerk will read the bill for the first tant new physics.’’ From the patterns of ‘‘jets,’’ particle types time. ‘‘The top quark has turned out to be so and other characteristics of these decays, heavy,’’ added Dr. John Peoples, director of theorists have learned to identify the parent The legislative clerk read as follows: Fermilab, ‘‘that it’s kind of a laboratory in particles like the top quark which cannot be A bill (H.R. 956) to establish legal stand- itself, from which many new experiments detected directly. A jet is a spray of particles ards and procedures for product liability liti- will certainly yield important insights.’’ moving in the same general direction away gation, and for other purposes. It may be, scientists believe, that quarks from a collision. Mr. DOLE. Mr. President, I now ask (and the higher forms of matter they make High-energy physics is expensive. The for its second reading. up) are endowed with mass by interacting Fermilab Tevatron accelerator, a ring of with an all-pervading universal ‘‘field,’’ with superconducting magnets four miles in cir- Mr. GLENN. Mr. President, I object. which they communicate through a hypo- cumference, cost about $250 million to build, The PRESIDING OFFICER. Objec- thetical particle called the Higgs boson. To and each of the two detectors built into the tion is heard. The bill will be read for find and measure the Higgs boson would be accelerator cost about $60 million. An up- the second time on the next legislative as exciting for a physicist as the creation of grade of the Tevatron called a main injector, day. life in a test tube would be for a biologist. costing $228 million, is scheduled for comple- f One of the questions high-energy physi- tion by 1999. cists regard as fundamental is whether there The Superconducting Supercollider, a ORDERS FOR WEDNESDAY, MARCH is a single type of Higgs boson, or several project that would have been Fermilab’s suc- 15, 1995 types. Theory predicts that if it is possible cessor, would have cost more than $8 billion to accurately measure the masses of two if Congress had not canceled it last year. For Mr. DOLE. Mr. President, I ask unan- known particles—the top quarks and the W the foreseeable future, Fermilab will remain imous consent that when the Senate particles that transmit the weak nuclear America’s most powerful particle accel- completes its business today, it stand force—it will be possible to determine erator, and scientists say that the machine in adjournment until the hour of 9:30 whether there are one or more than one has at least 15 more years of useful life. a.m. on Wednesday, March 15, 1995; that Higgs bosons. The stakes for the high-energy physics following the prayer, the Journal of ‘‘We’re so elated by the discovery of the community are enormous, in terms of job se- top quark that we haven’t yet begun to sift curity, the risks of failure and the promise of proceedings be deemed approved to all the data,’’ said Dr. Boaz Klima of great prestige for leaders of successful ex- date, no resolutions come over under Fermilab, one of the leaders of the successful periments. Competition between physicists the rule, the call of the calendar be dis- search. ‘‘But this particle is so astonishingly is often intense and sometimes bitter. pensed with, the morning hour be heavy that its decay may give us hints of a The CDF and D0 detector collaborations deemed to have expired, and the time lot of other things, perhaps even of super- have gone to great lengths to avoid even for the two leaders reserved for their symmetric particles.’’ looking at each others’ experiments—a pol- use later in the day. I further ask that The quest for supersymmetric particles by icy that persisted even today minutes before the world’s most powerful accelerators dur- their joint seminar began. the Senate then immediately resume ing the last decade has failed to turn up any ‘‘We know that some of the younger physi- consideration of H.R. 889, the supple- evidence that they exist, but according to cists on both sides have been exchanging pi- mental appropriations bill, and at that some theories, they may be so heavy they rated copies of our reports, but we’ve tried to point there be 1 hour for debate on the are beyond reach of present-day accelerators. suppress such exchanges,’’ one physicist said. Kassebaum amendment, to be divided If supersymmetric particles could be shown ‘‘Of course there is friction, but that’s a equally between Senators KASSEBAUM to exist, they might offer scientists a tool healthy aspect of science. This way, we know and KENNEDY. for learning how gravity is related to the that our results are in no way influenced by The PRESIDING OFFICER. Without other forces of nature: the electromagnetic those of our competitors, and when both our force and the strong and weak nuclear versions of the top quark are published side objection, it is so ordered. forces. by side, scientists will be able to judge for f Even when trillions of protons and themselves.’’ antiprotons are made to collide in Despite a joking undertone of bickering be- PROGRAM Fermilab’s huge accelerator at combined en- tween the two collaborations, which include Mr. DOLE. For the information of all ergies of two trillion electron-volts, the cre- scientists from a dozen nations, a holiday ation of top quarks by the miniature fire- Senators, at 10:30 a.m. on tomorrow, mood today eclipsed old rivalries and the Wednesday, two back-to-back votes balls remains a rare event. collective anxiety about future financing of Dr. Grannis of the D0 collaboration said high-energy physics. will occur, the first being the cloture today that his group, which has been running ‘‘We’re ecstatic about this discovery,’’ Dr. vote on the Kassebaum amendment, to its detector on and off since 1992, has found Peoples said. ‘‘Non-scientists often ask me be followed immediately by a vote on 17 collisions resulting in evidence of the cre- what the point of all this may be. I say it’s adoption of the unfunded mandates ation of a top quark. The team was able to important because it makes the universe conference report, and following those calculate the mass of the particle as 199 bil- knowable, in the same sense that our dis- lion electron-volts, give or take about 30 bil- two votes the Senate will resume con- covery of DNA has made the nature of life sideration of the supplemental appro- lion electron-volts. (Particle physicists knowable. We have a long, long way to go, measure mass in terms of its energy equiva- but it’s one of the most intellectually satis- priations bill. Therefore, additional lent, because the units are more practical. fying pursuits there is.’’∑ votes will occur and a late session can Einstein’s famous equation E=mc2 defines be anticipated. the equivalency of mass and energy.) f f For their part, according to Dr. William HOMICIDES BY GUNSHOT IN NEW Carithers Jr., a leader of the rival CDF Col- YORK CITY ADJOURNMENT UNTIL 9:30 A.M. laboration, two separate counting techniques TOMORROW using the CDF detector have turned up a ∑ Mr. MOYNIHAN. Mr. President, I rise total of about 21 top quark events. The group today, as I have done each week of the Mr. DOLE. If there is no further busi- calculates the mass of the top quark as 104th Congress, to announce to the Sen- ness to come before the Senate, I now

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S3908 CONGRESSIONAL RECORD — SENATE March 14, 1995 ask unanimous consent the Senate To be vice admiral MURDOCK, EDWIN A., 000–00–0000 NAGORSKI, LEONARD E., 000–00–0000 stand in adjournment under the pre- DAVID M. BENNETT, 000–00–0000 NOCE, MICHAEL A., 000–00–0000 vious order. IN THE ARMY OLIVERSON, FORREST, 000–00–0000 *PEARSON, CLARENCE E., 000–00–0000 There being no objection, the Senate, THE FOLLOWING-NAMED OFFICERS, ON THE ACTIVE *RAJAGOPAL, KRISHNAN, 000–00–0000 at 6:19 p.m., adjourned until Wednes- DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED RIPPLE, GARY R., 000–00–0000 IN THE U.S. ARMY IN ACCORDANCE WITH SECTIONS 624 *RIVERA, DAVID E., 000–00–0000 day, March 15, 1995, at 9:30 a.m. AND 628, TITLE 10, UNITED STATES CODE. *RUEDAPEDRAZA, M E., 000–00–0000 f To be lieutenant colonel *SADO, ANTHONY S., 000–00–0000 SCHULTE, JEFFREY J., 000–00–0000 NOMINATIONS JOSEPH L. WALDEN, 000–00–0000 SERWATKA, LINDA M., 000–00–0000 To be major *SODHI, PARMINDER, 000–00–0000 Executive nominations received by *SOUTHPAUL, NEANNETT, 000–00–0000 GRAEME R. BOYETT, 000–00–0000 STECKEL, FREDERICK, 000–00–0000 the Senate March 14, 1995: RICHARD A. LOGAN, 000–00–0000 THOMPSON, IAN M., 000–00–0000 THE JUDICIARY THE FOLLOWING-NAMED OFFICERS, ON THE ACTIVE *THONG, AILEEN, 000–00–0000 DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED *TILLMAN, JOHNIE S., 000–00–0000 MARY BECK BRISCOE, OF KANSAS, TO BE U.S. CIRCUIT IN THE U.S. ARMY IN ACCORDANCE WITH SECTION 624, TOLLEFSON, DAVID F., 000–00–0000 JUDGE FOR THE TENTH CIRCUIT, VICE JAMES K. LOGAN, TITLE 10, UNITED STATES CODE. THE OFFICERS INDI- * WATTERS, MICHAEL R., 000–00–0000 RETIRED. CATED BY ASTERISK ARE ALSO NOMINATED FOR AP- WEBBER, PAUL M., 000–00–0000 IN THE AIR FORCE POINTMENT IN THE REGULAR ARMY IN ACCORDANCE WHATMORE, DOUGLAS N., 000–00–0000 WITH SECTION 531, TITLE 10, UNITED STATES CODE: WILCOXRIGGS, SANDRA, 000–00–0000 THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT MEDICAL CORPS * WILDER, DAVID M., 000–00–0000 TO THE GRADE OF LIEUTENANT GENERAL ON THE RE- WINECOFF, WILLIAM F., 000–00–0000 TIRED LIST PURSUANT TO THE PROVISIONS TO TITLE 10, To be colonel UNITED STATES CODE, SECTION 1370: DENTAL CORPS ANDERSON, DOUGLAS M., 000–00–0000 To be lieutenant general *ATKINSON, SIDNEY W., 000–00–0000 *BALLOU, WILLIAM R., 000–00–0000 To be colonel JAMES A. FAIN, JR., 000–00–0000 BENTON, FRANK R., 000–00–0000 JOHN M. NOWAK, 000–00–0000 * AKIYAMA, DENNIS P., 000–00–0000 *BERKENBAUGH, JAMES, 000–00–0000 ASHER, MARSHALL L., 000–00–0000 BRADSHAW, DONALD M., 000–00–0000 THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT BEATTY, GERALD W., 000–00–0000 BYRNE, MICHAEL P., 000–00–0000 TO THE GRADE OF LIEUTENANT GENERAL WHILE AS- BERWICK, JAMES E., 000–00–0000 *CAWTHON, MICHAEL A., 000–00–0000 SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- BRADFORD, BRANT A., 000–00–0000 CLAYTON, WILLIAM L., 000–00–0000 BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION BROWN, CHARLES R., 000–00–0000 COQUILLA, BEATRIZ H., 000–00–0000 601: BUTEL, EUGENE M., 000–00–0000 *DAI, JOSEPH M., 000–00–0000 CASO, PETER A., 000–00–0000 To be lieutenant general DAIGH, JOHN D., 000–00–0000 CAVATAIO, RONALD E., 000–00–0000 *DECKER, LAWRENCE A., 000–00–0000 GEORGE T. BABBITT, JR., 000–00–0000 CIBOROWSKI, PHILIP, 000–00–0000 *DONESKY, DWIGHT L., 000–00–0000 JOHN C. GRIFFITH, 000–00–0000 CONCILIO, MARY C., 000–00–0000 DRAKE, GREGORY L., 000–00–0000 COOK, LAWRENCE J., 000–00–0000 IN THE ARMY *EGAN, JAMES E., 000–00–0000 FALBEY, ROBERT J., 000–00–0000 DAVIDSON, MICHAEL J., 000–00–0000 THE FOLLOWING-NAMED OFFICER TO BE PLACED ON GAFFNEY, CHERRY L., 000–00–0000 FONDAK, JEFFREY T., 000–00–0000 THE RETIRED LIST IN THE GRADE INDICATED UNDER *GATES, ROBERT H., 000–00–0000 GRABOW, WAYNE E., 000–00–0000 THE PROVISIONS OF TITLE 10, UNITED STATES CODE, *GIFFIN, JAMES M., 000–00–0000 HALEY, WILLIAM B., 000–00–0000 SECTION 1370: *GOMEZ, EDWARD R., 000–00–0000 HARPER, DENNIS L., 000–00–0000 JENNINGS, DENNIS E., 000–00–0000 To be lieutenant general *GORE, NEY M., 000–00–0000 *GRAVES, WALTER G., 000–00–0000 JONES, JACKIE L., 000–00–0000 KLAGER, PETER, 000–00–0000 DANIEL R. SCHROEDER, 000–00–0000 HALBACH, DAVID P., 000–00–0000 *HAWLEYBOWLAND, CARL, 000–00–0000 MC CANN, JOHN T., 000–00–0000 IN THE MARINE CORPS *HEFFESS, CLARA S., 000–00–0000 MUNDY, GARY D., 000–00–0000 *HEIB, LOUIS A., 000–00–0000 MURRAY, DANIEL J., 000–00–0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT *HWANG, MOO O., 000–00–0000 NICKEL, WILLIAM L., 000–00–0000 AS COMMANDANT OF THE MARINE CORPS, HEAD- *JAQUES, DAVID P., 000–00–0000 NIXON, LARRY L., 000–00–0000 QUARTERS, U.S. MARINE CORPS, AND APPOINTMENT TO *JARRETT, ROBERT V., 000–00–0000 OAKES, MARTIN J., 000–00–0000 THE GRADE OF GENERAL WHILE SERVING IN THAT POSI- *JOHNSON, BRIAN R., 000–00–0000 PHILLIPS, JOHN L., 000–00–0000 TION UNDER THE PROVISIONS OF TITLE 10, UNITED *JONES, MYRON B., 000–00–0000 PITCHFORD, JOHN H., 000–00–0000 STATES CODE, SECTION 5043: *KUMAR, SHASHI, 000–00–0000 POLLARD, BRYAN K., 000–00–0000 To be commandant of the marine corps *LANDE, RAYMOND G., 000–00–0000 RAGNO, JAMES R., 000–00–0000 *LOVETT, ETHRIDGE J., 000–00–0000 RESIDE, GLENN J., 000–00–0000 CHARLES C. KRULAK, 000–00–0000 MADIGAN, WILLIAM P., 000–00–0000 SCHACH, RAPHAEL T., 000–00–0000 IN THE NAVY MARTIN, JAMES W., 000–00–0000 STRITTMATTER, EDWAR, 000–00–0000 MASON, KEVIN T., 000–00–0000 THRONDSON, ROGER R., 000–00–0000 THE FOLLOWING-NAMED OFFICER TO BE PLACED ON MATTESON, GARY N., 000–00–0000 VANCE, BRADLEY J., 000–00–0000 THE RETIRED LIST IN THE GRADE INDICATED UNDER *MC QUEEN, CHARLES E., 000–00–0000 WAWROUSEK, HANS W., 000–00–0000 THE PROVISIONS OF TITLE 10, UNITED STATES CODE, *MELENDEZ, JOSE E., 000–00–0000 WOLFF, GERALD K., 000–00–0000 SECTION 1370: MORTON, DAVID A., 000–00–0000 WONDERLICH, STEVEN, 000–00–0000

VerDate Aug 31 2005 04:33 May 28, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 0624 Sfmt 9801 J:\ODA15\1995_F~1\S14MR5.REC S14MR5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 14, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 587 EXTENSIONS OF REMARKS

WELFARE FOR GOLD MINERS near Rifle, Colo., for a mere $42,000 and a would cripple a key regional industry and month later sold the package to Shell Oil for costs jobs in essentially a rational for $37 million. But someone beat you to it. And gouging the public. HON. GEORGE MILLER that deal was no freak. An investigation by Here is an opportunity for the ‘‘new’’ Re- OF CALIFORNIA the U.S. General Accounting Office of some publican Party. If it is determined to ex- IN THE HOUSE OF REPRESENTATIVES 20 patents examined at random found the punge abuses in federal spending, it should Tuesday, March 14, 1995 government had been paid $4,500 for claims show some muscle about abuses that lose worth somewhere between $14 million and $48 federal revenues. million. Just last year the Secretary of the Mr. MILLER of California. Mr. Speaker, I f would like to bring to the attention of all Mem- Interior was infuriated to discover he was bers an article which appeared in the March obligated to let a Canadian company ac- SECURITIES LITIGATION REFORM 13, 1995, issue of U.S. News and World Re- quire, for a nominal amount, Nevada land with gold reserves estimated to be worth $10 ACT port, and to insert in the RECORD an editorial billion. He called it ‘‘the biggest heist since by the editor-in-chief, Mortimer B. Zuckerman. the days of Butch Cassidy and the Sundance SPEECH OF The article, by Michael Satchell, reports on the Kid.’’ deplorable situation now confronting Yellow- To date, 3.2 million acres of public land— HON. LOUIS STOKES stone National Park due to the onerous and an area the size of Connecticut—have been OF OHIO archaic provisions of the 1872 mining law. Mr. sold. More than $230 billion in mineral re- IN THE HOUSE OF REPRESENTATIVES Satchell describes the ill-advised efforts of a serves in 13 Western states has been given away since the passage of the 1872 law—more Tuesday, March 7, 1995 Canadian-owned mining company to open a than 315 million ounces of gold, 5.5 billion The House in Committee of the Whole gold mine on the outskirts of Yellowstone ounces of silver, 79.5 million tons of copper, House on the State of the Union had under Park, thereby creating a potentially dangerous 19.2 million tons of lead and 13.9 million tons consideration the bill (H.R. 1058) to reform predicament for one of the crown jewels of our of zinc. Today, as much as $4 billion worth of Federal securities litigation, and for other National Park System. Mr. Zuckerman's edi- hard-rock materials is taken out every year. purposes. The language of the law is such that a lot of torial confronts the absurdities of the archaic Mr. STOKES. Mr. Chairman, I rise in strong law, daring Congress to ``show some muscle ‘‘mining’’ land has been bought, then used to build everything from private homes to gam- opposition to H.R. 1058, the Securities Litiga- about abuses that lose Federal revenues'' by bling casinos and luxury resorts. The not-so- tion Reform Act of 1995. We should not, in an taking on ``the politically powerful mining in- funny name for all this is the Great Terrain attempt to decrease the amount of frivolous dustry and its Western congressional allies'' Robbery. class action lawsuits, forsake our duty to act and reforming this ``silly law''. Injury is added to insult. The law contains in the best interest of individual small investors Mr. Speaker, this coverage by U.S. News no environmental protection. The mining residue—some 70 billion tons of tailings—has and consumers by limiting their ability to seek and World Report is particularly relevant and redress in the courts. This ill-conceived and timely, in light of the recent introduction in the been left exposed to the elements, polluting rivers and ground water. There are also hurried legislation will not only fail to reform Senate of yet another industry-backed billÐ 550,000 abandoned mines and open pits, such the securities litigation system in the United craftily designed to look like reform but, in re- as the infamous Berkeley Pit in Butte, States, but will in fact compromise Americans' ality, devised to insure that the mining industry Mont.—a mile wide, a mile and a half long, faith in our securities industry. maintains its free-ride on the public dole. Rep- half a mile deep—filled with water that is The bill before us today, the Securities Liti- resentative NICK J. RAHALL and I have also in- more acidic than vinegar. You know who gation Reform Act of 1995, will not only at- bears the cleanup cost. Yes, you, the tax- troduced legislation, H.R. 357, identical to the tempt to curtail unwanted lawsuits, but will bill passed by the House last year on a three- payer. A new crisis has emerged with the plans of Noranda. Inc., a Canadian corpora- also make it impossible for regular Americans to-one bipartisan vote. Last year, over 300 tion with a history of environmental prob- to have access to the Federal courts. Such an House MembersÐincluding 70 RepublicansÐ lems, to mine 3 miles from Yellowstone assault on American citizens' rights to access voted to bring some fairness into the hard rock Park’s northeastern boundary. to the courts is unacceptable and I will oppose mining system. This year, instead of only cut- Today there is a moratorium on further this legislation for many of the same reasons ting school lunches and rent money for poor land transfers. Yet nearly 400 patent applica- I opposed H.R. 988, the Attorney Accountabil- working families, I hope the Republican major- tions are back up from companies that hope to slip through their claims to get their ity Act of 1995. H.R. 1058 is a restrictive bill ity will have the determination to expunge that will certainly undermine many of our most some of the welfare enjoyed by the corporate hands on $21 billion in reserves before the 1872 act is reformed. important efforts to provide a forum that pro- elite. Reforming the 1872 mining law by enact- The reformers want the mining companies vides legal redress for individual Americans ing H.R. 357 would be a big step in the right to be treated like other extractive indus- and our ability to insure the integrity of the se- direction. tries, which, astonishingly, they are not. curities markets. [From U.S. News & World Report, Mar. 13, First, fair prices for these patents should be Mr. Speaker, one of the stated purposes of determined by the marketplace; they should 1995] the Securities Litigation Reform Act is to shift BURY THIS IN GRANT’S TOMB include the cost of reclamation and the en- forcement of environmental standards. Sec- fee burdens to a losing party including de- (By Mortimer B. Zuckerman) ond, there is the issue of royalties. Loggers, frauded individual small investors. Proponents How’s this for a dream? You are free to coal producers and offshore oil and gas com- of H.R. 1058 have stated that this provision is roam anywhere on 600 million acres of public panies pay royalties when they extract intended to discourage frivolous class action land in the West, staking out mining claims wealth from public land. Reformers want lawsuits, and encourage parties to settle dis- in the happy knowledge that if you strike mining companies to pay a royalty on their putes prior to trial. gold or silver or copper, you can extract your ore based on gross sales. With net revenues find absolutely free. And, dream on, you will estimated at 25 percent of gross values ex- This bill also establishes new loopholes and have the option on purchasing the land out- tracted, a royalty is easily affordable. So is limited liability provisions for brokers and firms right at a price of no more than $5 an acre. compliance with environmental standards— who defraud investors. Finally, the bill contains It’s no dream. An antique called the Gen- federal standards, because oversight by the other technical modifications that make it easi- eral Mining Law of 1872, signed by President states, which the mining industry favors, has er for wrongdoers to commit fraud and more Ulysses S. Grant to encourage migration proven weak. It also makes sense to with- difficult for investors to seek redress in the into the Rocky Mountain states, provides draw some federal lands from mining if they courts. such beneficence. The West has long been are close to national parks or similar natu- settled, but prospectors and mining compa- ral resources. This bill is hostile to the American justice nies are still getting rich off the 1872 law, Why has this silly law lasted this long? Be- system's over 200-year-old policy that favors and the taxpayers are still getting robbed. cause a politically powerful mining industry access to the Federal courts for citizens with It gets worse. You could have bought—or and its Western congressional allies have a claim. Adoption of the ``loser pays'' stand- patented—17,000 acres of oil-shale claims blocked any revision. The argument that it ards in H.R. 1058 would inhibit the will of the

∑ 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 588 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 1995 people by transferring all of the burden of the held more than one-fourth of its investments in Phyllis Phillips has shared her expertise in costs of rendering justice in the courts from these highly speculative securities. As a result speech pathology, audiology, and speech the wealthy, well-connected and privileged to of SAFE's losses and dissolution, Cuyahoga communication through almost 50 years of the individual small investor. The clear result County has had to cut next year's budget by teaching in elementary and secondary of imposing a ``loser pays'' rule would be to 11 percentÐ$35 millionÐand will freeze schools. In 1983 she joined Cumberland Uni- destroy regular Americans' rights under the spending for 3 years after that. versity in Lebanon TN, and in her 12-year ten- Federal security laws to have access to the This bill would clearly protect wrongdoers ure, developed a working adult degree pro- Federal courts. from lawsuits brought against them by de- gram and helped develop the Cumberland Mr. Speaker, by disproportionately transfer- frauded investors. The ``loser pays'' require- University Fine Arts Council. She is respon- ring to plaintiffs the burden of the cost of pur- ments, loopholes and limited liability would sible for helping countless children and adults suing securities litigation this bill is clearly in make it virtually impossible for my constituents overcome their battles with speech and hear- opposition to over 200 years of American who have been victims of SAFE's collapse to ing problems. common law. Furthermore, the reasoning be- seek judicial redress, should faud turn out to The board of trustees of Cumberland Uni- hind this unfair and unjust bill is not supported have contributed to its demise. versity named Dr. Phyllis Phillips ``Professor by the facts. So-called frivolous lawsuits actu- American securities markets are the envy of Emeritus'' in recognition of her tremendous ally make up a minute portion of all lawsuits the world. They provide magnificent benefits to contributions to education, speech pathology, litigated in this Nation. Noted securities law investors and businesses alike. Despite the and communication. experts like Professor Arthur R. Miller of the claims of supporters of this bill that securities Dr. Ray Phillips earned his undergraduate Harvard Law School have pointed out that: litigation is hampering capital markets. The degree from Cumberland University in 1941. ``There is absolutely no evidence that the 1 facts reveal that initial public offerings have His love for his alma mater never left him, percent of cases on the Federal court docket proceeded at a record pace in recent years, and, in 1983, he returned to Cumberland with under the Securities Acts is any different, in and a long list of notorious cases have recov- his wife to assume the vice presidency for terms of the problem of frivolousness, as the ered billions of dollars for thousands of de- academic affairs. He assisted my colleague other 99 percent of the Federal judicial dock- frauded investors. from Tennessee, Bob Clement, then president et.'' Our markets attract investments because in- of the university, in establshing the institution Under current law, the Federal rules of civil vestors have confidence in securities industry as a 4-year degree program. procedure give judges the opportunity to hold honesty and efficiency. All investors are aware In 1991, he was named the 23d president of attorneys accountable for bringing frivolous of the fact that there are risks attached to any the university. Enrollments during his adminis- lawsuits. Rule 11 of the Federal rules of civil investment, and these investors are willing to tration were recordbreaking, and he aided in procedure presently authorize Federal courts take such risks in exchange for the potential the development of the sports medicine and to impose sanctions upon attorneys, law firms, gain. Yet, investors are not prepared to be de- fine arts programs. or parties for engaging in inappropriate con- frauded and swindled out of their hard-earned Dr. Phillips was honored with his wife by the duct or for bringing frivolous or harassment money. So when any investor is defrauded, board at Cumberland in 1994. He was named lawsuits. The facts clearly show that despite the entire securities industry is placed at risk. ``President Emeritus'' and ``Professor Emeri- the fact that there were thousands of cases Private securities actions actually represent an tus'' for his outstanding service. filed last year, in less than 1 percent of those efficient and effective privatization of National I join with those at Cumberland University cases did Federal judges determine that rule Policy to counteract financial fraud. H.R. 1058 and Tennesseans all across the State in 11 sanctions were justified. would seriously compromise such a counter- thanking the Phillips' for their tireless dedica- Mr. Speaker, we have also been told that action. tion and enumerable contributions. We wish frivolous securities lawsuits are at the crest of Mr. Speaker, it is my belief that H.R. 1058, for them a happy and fulfilling retirement. a wave of securities litigation that is over- and the circumstances under which it is pre- whelming the courts and sapping the strength sented in this House, attempt to mislead the f of corporate America. Neither statement could American people to believe that cookie cutter, be further from the truth. This is confirmed by simplistic solutions will cure what ails this Na- COURT REPORTER FAIR LABOR the testimony by the Securities and Exchange tion. Nothing could be further from the truth. AMENDMENTS OF 1995 Commission's William R. McLucas, who testi- As our Nation faces an epidemic of financial fied that: ``According to statistics obtained from difficulties, bankruptcy and the abuse of the Administrative Office of the U.S. Courts, consumer and citizens funds, the solution to HON. HARRIS W. FAWELL the approximate aggregate number of securi- these problems will not be found in quick fixes OF ILLINOIS ties casesÐincluding SEC casesÐfiled in like the Securities Litigation Reform Act. The IN THE HOUSE OF REPRESENTATIVES Federal District Court does not appear to have American people elected us to act in their best increased over the past two decades.'' In fact, interest, not compromise their welfare because Tuesday, March 14, 1995 the figures from the Administrative Office of Government refuses to have the courage to Mr. FAWELL. Mr. Speaker, I am joined by the U.S. Courts also reveal that in 1993 there meet its obligations. I urge my colleagues to my colleague, Mr. BARRETT of Nebraska, Mr. were 298 class-action lawsuits, slightly less join with me and vote against this bill. ANDREWS, Mr. HOEKSTRA, and Mr. than the 305 filed over 20 years ago in 1974. f Mr. Speaker, while I am sympathetic to the CHRISTENSEN, in the introduction of the court goal of eliminating frivolous securities litiga- TRIBUTE TO DOCTORS PHYLLIS reporter fair labor amendments of 1995. The tion, H.R. 1058 in its present form fails to pro- AND RAY PHILLIPS Department of Labor [DOL] has adopted a po- vide adequate protection or incentives to pre- sition concerning the status of official court re- serve the rights of victims of abuses of the se- HON. BART GORDON porters under the Fair Labor Standards Act curities laws, and in particular, those investors OF TENNESSEE [FLSA] which, if allowed to stand, threatens and consumers in my home State of Ohio. IN THE HOUSE OF REPRESENTATIVES State and local courts with explosive liability As you all know, several municipalities and costs and could force them to take actions Tuesday, March 14, 1995 counties throughout the United States have which would result in severe job losses and been plagued by massive losses as a result of Mr. GORDON. Mr. Speaker, I rise today to reduced income for thousands of court report- involvement in risky securities investments. My pay tribute to two outstanding individuals from ers. home district has not been immune to the the Sixth District of Tennessee who are being In most States, court reporters are typically abuses that exist in the securities brokerage honored upon their retirement. employed by the State or local court with pri- industry. Due to the high risk leveraging and Drs. Phyllis and Ray Phillips have made tre- mary duties of taking down and reading back derivatives investments peddled by many Wall mendous contributions to the field of higher court proceedings. They are considered em- Street brokerage firms, Cuyahoga County's education, and their leadership has been in- ployees of the court and are typically com- $1.8 billion investment pool, the Secured valuable. pensated with an annual salary and benefits. Asset Fund Earnings [SAFE], has been dis- By their very example, Ray and Phyllis Phil- While performing these duties, the court re- solved, and these investments have cost Cuy- lips have committed their lives to helping oth- porterÐunless he or she falls within one of the ahoga County taxpayers approximately $122 ers learn. They have taught in Tennessee and FLSA's exemptionsÐis entitled to overtime million. More than 70 government agencies, Alabama, and their talents have taken them as compensation for work performed in that ca- including Ohio cities, counties, and school dis- far away as Augsberg, Germany to lead and pacity in excess of 40 hours in a given work tricts participated in the SAFE fund, which participate in the American schools program. week. March 14, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 589 However, in addition to in-court duties, In the many years Mr. Meehan has been a ODE TO FITZSIMONS many court reporters prepare and certify tran- major force in the labor realm, both of our of- scripts of their stenographic records for private fices have relied on his expertise and counsel. HON. PATRICIA SCHROEDER attorneys, litigants, and others. The court re- We join with the scores of colleagues to salute OF COLORADO porter collects a per-page fee for the tran- the outstanding leadership you have given to IN THE HOUSE OF REPRESENTATIVES scripts and generally earns much more than the Sacramento-Sierra's Building and Con- he or she would for an hour of salaried work struction Trades Council and to the Sac- Tuesday, March 14, 1995 for the court. Very often, it is possible for a ramento Central Labor Council. Mrs. SCHROEDER. Mr. Speaker, Mrs. Flor- court reporter to earn more from transcription In an era of shrinking resources, Mr. ence Gasser, whose father was a World War work than from his or her annual salary. When Meehan has been one of Sacramento's great I veteran, was so disturbed about the proposal working for this per-page fee, the court re- defenders, ensuring jobs for thousands of men to close Fitzsimons Army Medical Center that porter is clearly acting as an independent op- she wrote a poem in protest. I would like to erator, as has been specifically determined by and women throughout the region. Not only has Mr. Meehan been an outstand- share Mrs. Gasser's poem with my col- the Internal Revenue Service [IRS]. The fee leagues: income is treated as separate and apart from ing defender of the labor force, but we would FOR WHOM THE KNELL TOLLS the annual government salary for taxation pur- be remiss in not commending his steadfast Who needs a veteran’s hospital poses. Indeed, court reporters file self-employ- support of this entire community. The list of political, charitable, and labor related organiza- In these cloudless peaceful times? ment income forms with the IRS and pay self- Who cares that four generations fought, employment taxes on this income. tions with which he has aligned himself re- In those lands of different clime? Unfortunately, DOL has not yet recognized flects the great characters all leaders strive to This century ends with record wars, the independent capacity of court reporters. In achieve. An abbreviated list of organizations Many wounded strewn along the way, August 1994, the Wage and Hour Division who are indebted to his leadership and hard Don’t we have moral obligation, took the position that, even while preparing work include the Greater Sacramento Area To take care of all of them today? transcripts for attorneys, litigants, and other Plan, Labor and Business Alliance, Sac- If you remove their anchors now parties, official court reporters in Oregon are ramento Water Intelligently Managed, Private Should old soldiers just fade away? still acting as employees of the court for pur- Industry Council, Auburn Dam Council, Places like Fitzsimons long has been Security in world of disarray. poses of FLSA. Similar letters have been re- Friends of Light Rail, American Red Cross, ceived regarding official court reporters in Indi- Sacramento Employment Training Agency, Oh, ‘‘they’ll get help,’’ indifferent say, As protest cries, echo in nation; ana and North Carolina. Official court report- Harps, National Toxics Coalition, United Way, ers in the vast majority of States operate in To most veterans change will seem, Hundred Dollar Club, Sacramento Metropolitan Like a physical amputation. circumstances similar to these three States. Chamber of Commerce and the Sacramento If allowed to stand, DOL's interpretation Fitzsimons spreads out protective arms Fire Board. To those sick in body and spirit too; would require State and local courts to pay Truly, Sacramento is a better place to work To close its doors, will cruelly state, court reporters 11¤2 times their regular rate of and live thanks to what we hope is only the Find help elsewhere, then start anew. pay for all transcription work performed during first half to Mr. Meehan's career. As he begins Those left groping at hospital door, overtime hours in a given week. The DOL po- to undertake his latest challenge for the Paint- Need assurance old Fitz gave heartily; sition threatens to dramatically impact State That they could go on with their lives, and local court budgets. The State and local er's International, we ask our colleagues to Through all of their sickness and injury. join us in wishing him continued happiness courts will either have to increase their salary Those who bled on foreign fields, budgets or cut costs elsewhere. In return, they and success. And served their country very well, would receive nothing except additional ad- f Should not see Fitzsimons lights go out ministrative duties and headaches. And hear that sorrowful, hopeless knell. Faced with possibly hundreds of millions of REMEMBERING DAVID ROSS f dollars of liability nationwide, State and local YOUNG courts are considering dramatic changes in FEDERAL FUNDING FOR PUBLIC pay practices and in how transcription work is BROADCASTING SHOULD CON- to be performed. Meanwhile, court reporters HON. LYNN C. WOOLSEY TINUE who continue to perform transcription work may be required to do it for substantially re- OF CALIFORNIA HON. CORRINE BROWN duced compensation. IN THE HOUSE OF REPRESENTATIVES OF FLORIDA This legislation would allow an exemption IN THE HOUSE OF REPRESENTATIVES under the FLSA for official court reporters Tuesday, March 14, 1995 Tuesday, March 14, 1995 while they are performing transcription duties Ms. WOOLSEY. Mr. Speaker, I rise today to Ms. BROWN of Florida. Mr. Speaker, today for a private party, provided there is an agree- commemorate the life of David Ross Young, I want to spend a few minutes telling my col- ment between the court reporters and the who died of AIDS earlier this month. I am State or local court employer. The legislation leagues about four public broadcasting tele- proud to say that David lived in my district, in would also bar lawsuits by court reporters for vision stations in Florida's Third Congressional Sonoma County, CA. overtime back-pay. I urge my colleagues to District. WJCT in Jacksonville, WFME in Or- support this measure so that a law designed David did more to touch the lives of others lando, WUFT in Gainesville, and WCEU in to protect workers will not instead lead to job in his 32 years than most people do in a life- Daytona Beach are truly community assets. losses and reductions in income. time. After being diagnosed with the AIDS They provide programming which enlightens, f virus, David dedicated his life to preventing enriches, entertains, and touches the lives of the spread of AIDS among young people, thousands of north and central Floridians. TRIBUTE TO WILLIAM MEEHAN speaking to students at Sonoma and Marin These public broadcasting stations have County schools about the disease. In addition, been an integral part of our communities. HON. ROBERT T. MATSUI he trained hundreds of speakers who will carry They have been important partners in public OF CALIFORNIA on his message in his wake. education, providing instructional television HON. VIC FAZIO Mr. Speaker, it is a truly great human being and media technology resources to our OF CALIFORNIA who, when faced with a limit on the amount of schools since their beginning. IN THE HOUSE OF REPRESENTATIVES time he has left in this world, chooses to Public broadcasting reaches 99 percent of all American television households. Its high Tuesday, March 14, 1995 spend it helping others. My heart and my thoughts are with you, David. Your legacy quality educational and cultural programs have Mr. MATSUI. Mr. Speaker, the gentleman lives within the hearts and minds of the young- contributed significantly to the quality of life in from California [Mr. FAZIO] and I rise today to sters whose lives you have touched and north Florida. And it's a great investment. Pub- pay tribute to Mr. William Meehan, a native whose lives you have saved. lic broadcasting is one of the best public-pri- California who has devoted his professional vate partnerships ever developed, matching career to the preservation and growth of la- Federal dollars on a 5 to 1 basis. And it deliv- bor's health in this great State. ers these dollars to the local level. It is also at E 590 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 1995 the forefront of the development and utilization fashion that employers are required to com- tem Americans haveÐthe American judicial of technology in education. For instance, pensate employees for their use of company system. It would be the height of irresponsibil- through WJCT's National Teachers training In- vehicles in their commutes. ity for Congress to take from the American stitute in Math, Science, and Technology, our The use of company vehicles by employees people their ability to protect themselves, their local teachers learn the latest techniques for is pervasive in many industries. Police depart- families and loved ones from dangerous prod- using technology in the classroom. ments, air conditioning contractors, heating oil ucts. Programs like ``Reading Rainbow,'' Sesame retailers, plumbers, and carpet cleaners all The bill before us today, the Common Street,'' and ``Mr. Rogers' Neighborhood'' are provide vehicles to their employees. This is Sense Legal Standards Reform Act of 1995, seen by school children and preschoolers in generally seen as a benefit to the employee will not only attempt to undo many of the im- our community every day. Helping to prepare who is able to carry personal tools and equip- portant accomplishments of the U.S. Con- youngsters for school, and enhancing their ment in a company vehicle to the first job site, gress, Federal agencies and over 200 years of education once they start school, are among without having to physically check in at the American common law, but also seeks to un- public television stations' and our community's company office. The employee also does not dermine many of our Nation's most important highest priorities. have to buy a vehicle for commuting and mechanisms to enhance safety for all Ameri- saves money on gasoline. Federal dollars are extremely important to cans. Despite the clear benefits to the employee these stations. Without them, WJCT's ``Radio The stated purpose of the Common Sense from this practice, DOL has indicated that em- Reading Service for the Blind and Visually Im- Legal Standards Reform Act is to impose on ployers should pay employees for time spent paired,'' and captioning of regularly televised State and Federal juries limits on the amount in company vehicles commuting to the first job local government meetings for the hearing im- of punitive damages of $250,000. It also im- paired would not be possible. WCEU would site. Last year, after some pressure from sev- eral members of this body, DOL agreed to poses on States, Federal standards for all not be able to produce programs like product liability lawsuits. Additionally, the bill ``Mathline,'' a pilot project, which trains teach- stop enforcing the policy pending a depart- mental review. This policy would create addi- contains several special interest exceptions for ers in the latest mathematics techniques. drug companies and aircraft manufacturers in WMFE could not provide programming for tional paperwork for the employer and in- creased employers costs, with the end result addition to other friends of the new majority. public school systems in grades K±12, audio While I agree that Congress should inves- reading services for the visually challenged of generally discouraging this practice. Many employers may then decide to arrange the tigate reforming products liability litigation, this and print disabled, and public affairs shows proposed measure goes well beyond the legiti- like ``Opinion Street.'' WUFT's daily half-hour central storage of all the vehicles and to re- mate objective of balancing responsibilities News Five broadcasts, local television pro- quire the employee to pick up the vehicle in and risks. In fact, this bill is specifically de- grams like the weekly ``North Florida Journal'' the morning, transfer his or her tools into the signed to inhibit the will of the people by creat- public affairs television programs, and the company vehicle and drive to the first job site. ing artificial special interest exceptions, and weekly minority affairs series ``Reflections'' At the end of the day, the employee would obstacles for injured and maimed citizens who would have to be reduced or eliminated. then have to return to the company, transfer seek redress in the courts. The current major- Public radio and television provide these the tools back to his or her vehicle and drive ity has long sought to weaken, if not totally and many other services nationwide at the re- home. This alternative clearly does not benefit eliminate, Americans ability to protect them- markable low cost of $1.09 annually per per- the employee. selves in the courts. son. On the local level, Federal funds make The longstanding practice utilized by em- Supporters of H.R. 956 have argued, and I up approximately 14 percent of WJCT's budg- ployees and employers works well and bene- et, 17 percent of WFME's budget, 20 percent fits both parties. My legislation would make it agree, that most products produced in this Na- of WUFT's budget, and 34 percent of WCEU's clear that the use of a company vehicle by an tion are the safest, highest quality products budget. employee for commuting from home to the produced in the world. Yet, the fact remains ``Privatizing'' public broadcasting means first job site and from the last job site to home that too many dangerous products exist. When commercials, and dollar-driven programming, does not require the employer to compensate injured by one of these dangerous products, which would radically change the face of this the employee for commuting time. I look for- Americans' last recourse is the American judi- unique broadcasting medium. If instructional/ ward to enacting this legislation in the 104th cial system. educational broadcasting could generate high Congress. Proponents of this bill have argued that cur- profits, public broadcasting already would f tailing citizens' rights to open access to the have become a commercial venture. courts is justified because there has been an COMMON SENSE LEGAL explosion of product liability litigation. This ar- As representatives of the people, we must STANDARDS REFORM ACT OF 1995 be constructive, creative, and cost-efficient in gument is simply not supported by the facts. According to the ``1992 Annual Report of the achieving our national goals of good education SPEECH OF and the opportunity for rich cultural resources National Center for State Courts,'' the actual for all of our citizens. If we realistically evalu- HON. LOUIS STOKES number of product liability claims is extremely ate what public broadcasting actually offers to OF OHIO low, a mere 4 percent of all personal injury our communities, I believe that we will see the IN THE HOUSE OF REPRESENTATIVES cases. The evidence shows that products li- value of continued funding for this very cost Wednesday, March 8, 1995 ability cases represent only .0036 percent of efficient and successful, national educational The House in Committee of the Whole the total civil caseload in State and Federal and cultural institution. Thank you for allowing House on the State of the Union had under courts. me this time to tell you about the importance consideration the bill H.R. 956, to establish There has been no explosion in products li- of continued Federal funding for public broad- legal standards and procedures for product ability lawsuits as republicans assert. Exclud- casting for my constituents in the cities of liability litigation, and for other purposes: ing asbestos cases, the number of product li- Jacksonville, Gainesville, Daytona Beach, and Mr. STOKES. Mr. Speaker, I rise in strong ability cases filed in Federal courts between Orlando. opposition to H.R. 956, the Common Sense 1985 and 1991 actually declined by approxi- f Legal Standards Reform Act of 1995. While I mately 35 percent, from 8,268 to 5,263. The agree that some reform of our Nation's prod- only significant increase in litigation over the TRAVEL TIME IN COMPANY uct liability laws may be appropriate, this legis- past few years has not taken place in the area VEHICLES lation goes too far, favors producers of dan- of products liability. It has been caused in- gerous products too much and provides too lit- stead by large corporations suing other large HON. HARRIS W. FAWELL tle protection for ordinary citizens. I cannot corporations. A 1990 study reveals that cor- OF ILLINOIS support this effort to significantly curtail Ameri- porate contract cases increased 232 percent IN THE HOUSE OF REPRESENTATIVES cans' rights to seek redress in the courts when and make up more than 18 percent of all civil they have been needlessly injured, maimed, or cases as opposed to .0036 percent for product Tuesday, March 14, 1995 killed by dangerous products. liability cases. Mr. FAWELL. Mr. Speaker, today I am intro- This dangerous and hurried legislation will Another artificial justification for passage of ducing legislation which will ensure that the not only fail to truly reform the product liability H.R. 956 has been the alleged explosion in Portal-to-Portal Act and the Fair Labor Stand- litigation laws that need reforming, but will en- the frequency and size of punitive damages ards Act are not misinterpreted by the Depart- danger the American public by stripping away awards. The fact is, courts rarely award puni- ment of Labor [DOL] and the courts in such a the most important checks and balances sys- tive damages. A 1993 Suffolk University law March 14, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 591 school and Northeastern University study placed before us. The rule under which this Detective Therese Homer is a pioneer in do- found that only 355 punitive damage awards bill has come before us is so draconian that mestic violence awareness and victim aware- were granted in product liability cases be- many members with reasonable and bi-par- ness intervention programs; tween 1965 and 1990. Only 20 percent of tisan amendments will not be heard. A meas- Sallye E. Jude, a leader in historic preserva- those 355 cases were affirmed on appeal. The ure of this kind requires detailed analysis of tion including the revitalization of the Miami research also shows that the vast majority of the impact it may have on the American peo- River area; companies subject to punitive damages ple, but no such review has or will take place. Joann Monrose, an advocate for children's awards between 1965 and 1990 took some In the current rush to force this bill to the floor education and welfare through Head Start Pro- post-litigation steps to make their products of this House, the will of the American people grams; safer. Without punitive damages many prod- will certainly be compromised. Rosalie B. Pincus, a caring and devoted ucts would simply be more dangerous. Clear- Furthermore, this legislation would remove high school counselor who teaches to touch a ly, the current system of checks and balances from the wise discretion of State and local life, not just to make a living; system is working. governments the determination of how to han- Suzette S. Pope, an extraordinary volunteer H.R. 956 will have a devastating impact on dle products liability litigation. My colleagues who has been a long-standing and faithful vol- the children and elderly of this Nation. The on the other side of the aisle have often unteer in service to the elderly; limitation of damages awards places children claimed that they favor retracting the tentacles Dr. Majorie P. Wessel has waged many bat- and elderly at an especially significant dis- of the Federal Government from local people, tles against discrimination to bring about advantage. Since compensatory damage who best know and understand the issues sports equity for girls and women. awards are based solely on economic loss, they face. Yet, this bill flys in the fact of this Mr. Speaker, this event is a celebration of these individuals can prove few tangible eco- often touted Republican ethic. H.R. 956 strips unity in diversity and provides an opportunity nomic damages because they generally do not from local communities the ability to establish for women in Miami from all generations, ra- work, or work for small salaries, and would products liability standards. This modification cial and ethnic groups, socioeconomic levels therefore not receive nearly as much com- of the products liability laws by Federal man- and occupations to get together, exchange pensation as the rich, who bring home big date is unjustified, ill-advised and will lead to ideas, and share their vision and experience. paychecks. This result would be fundamentally injustice for working and middle-class Ameri- I am happy to join with our entire community unfair to thousands of Americans, and would cans. in recognizing this year's honorees. constitutes an extreme injustice to the youth Mr. Speaker, it is my belief that H.R. 956 f and elderly of our Nation. and the circumstances under which it is pre- I hope that no one in this House would want sented in this house is an attempt to mislead REMEMBERING TIM SULLIVAN to increase the risk of disease, injury, and pre- the American people to believe that meat mature deaths caused by exposure to dan- cleaver, simplistic solutions will end the fic- SPEECH OF gerous products. But that is exactly what H.R. tional ``avalanche of litigation'' so often men- HON. FRANK PALLONE, JR. 956 would do. This bill, in concert with H.R. tioned by supporters of this bill. As the facts 988, the Attorney Accountability Act of 1995, have shown, evidence clearly establishes that OF NEW JERSEY would slam the doors of the courthouses of this bill has been pushed on us all under trag- IN THE HOUSE OF REPRESENTATIVES this Nation in the faces of the American public. ically false premises. Monday, March 13, 1995 In my 27 years in congress I have seen few As our Nation faces an epidemic of jobless- Mr. PALLONE. Mr. Speaker, thousands of more obnoxious measures, that so cruelly and ness, poverty, and economic troubles, the so- unfairly places a substantial burden on the people in Monmouth, Ocean, and Middlesex lution to these problems will not be found in Counties, New Jersey, were helped over the American public. quick fixes like H.R. 956. The American peo- This bill will also compromise citizen and years by a dedicated public servant whose ple elected us to act in their best interest, not worker safety. Last year, over 10,000 Amer- name most never knew. This public servant compromise their welfare because congress ican workers died in the workplace. Another worked tirelessly and without personal gain or does not have the will to permit Americans to 70,000 were permanently disabled, and more recognition assisting veterans, Social Security protect themselves from dangerous products. I than 100,000 contracted fatal occupational ill- beneficiaries, students, and others on critical urge my colleagues to vote against this bill. nesses. H.R. 956 will greatly inhibit our citi- personal problems. He helped mayors and zens' ability to protect themselves from unsafe f councilmen fix bridges, dredge waterways, products, dangerous working conditions and and restore downtown areas so that men and DADE COUNTY’S OUTSTANDING avoidable disasters. I cannot in good con- women could work and the Jersey Shore WOMEN HONORED science endanger American workers by sup- could prosper. porting this bill. Timothy F. Sullivan, this public servant in In addition to endangering the health and HON. CARRIE P. MEEK the truest sense, died Saturday of a heart at- lives of Americans, approval of H.R. 956 OF FLORIDA tack. For 17 years, from 1965 to 1982, he was would not result in additional enhancement in IN THE HOUSE OF REPRESENTATIVES administrative assistant to Representative competitiveness or innovation. The differences James J. Howard, former chairman of the between the U.S. product liability system and Tuesday, March 14, 1995 House Public Works and Transportation Com- the legal systems in other countries do not Mrs. MEEK of Florida. Mr. Speaker, it is my mittee. provide foreign manufactures with a competi- great pleasure to join with the city of Miami When Jim Howard, my distinguished and tive advantage. All companies are subject to Commission on the Status of Women in rec- accomplished predecessor, won an uphill bat- the liability laws of the country where a prod- ognizing the achievements of eight talented tle for Congress in 1964, he had the good uct is sold or where the injury is incurred. women who are among Miami's most out- judgment to ask Tim, his good friend, fellow Therefore, there is no significant harmful effect standing leaders. teacher, and campaign advisor, to come to on American competitiveness as a result of The women to be honored this year are as Washington as his chief aide. the American products liability system. inspiring as they are dedicated. They are out- Because Democrats were rarely elected in Contrary to representations of proponents of standing women who make major contribu- that old Third Congressional District on any H.R. 956, no real evidence has ever been pre- tions to our community every day but seldom level, Jim Howard's prospects for reelection sented that supports the claim that products li- make the evening news. They come from were less than bright. But Jim and Marlene ability laws have a chilling effect on business every part of our community, yet they share a Howard had been eager to take the risk and innovation. In fact, the current products liability common bondÐservice. their enthusiasm was catching. system enhances innovation by providing a This year's honorees are: Tim and his wife, Marilyn, pulled up stakes significant incentive for companies to develop Mercelee Woods Adderly, Model City volun- with six young children. Tim quit his job and safe products. teer par excellence, who helps to provide our came to Washington to begin his long career Mr. Speaker, this legislation is unprece- youth with sound guidance and assist Haitian as a trusted advisor and manager, taking the dented in its scope and cynicism. Few areas adults in making the adjustment to the United heat over the years when necessary but not of State and Federal products liability litigation States; claiming the credit when it was his due. He will be unaffected by this measure, yet, with Maria Elena Dellutri has worked with phys- kept Jim Howard's office on an even keel very little opportunity for open hearing, and ical and mentally challenged individuals and through tough elections and crises in the dis- with severely limited debate, this act has been poor children throughout Dade County; trict like life-threatening coastal hurricanes and E 592 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 1995 proposals to shut down Fort Monmouth and SEC. 2. DEDUCTION FOR HIGHER EDUCATION EX- tive officer of Ace Hardware Corp. Ace Hard- put thousands out of work. PENSES. ware is a dealer-owner cooperative founded in (a) DEDUCTION ALLOWED.—Part VII of sub- Through it all, he helped Jim Howard de- chapter B of chapter 1 of the Internal Reve- Chicago in 1924 and has its corporate head- velop a reputation for excellent constituent nue Code of 1986 (relating to additional item- quarters located in Oak Brook, IL. Roger has service. Tim had a right to be proud in the ized deductions for individuals) is amended announced his retirement effective May 31, early eighties when the New York Times cited by redesignating section 220 as section 221 1995. a poll taken of New Jersey staffers and Mem- and by inserting after section 219 the follow- Under Roger's leadership Ace reached bers of Congress in which Jim Howard's office ing new section: more than $2.3 billion in sales to its 5,000 operation was voted the best in the New Jer- ‘‘SEC. 220. INTEREST ON STUDENT LOANS. independently-owned stores in all 50 States sey congressional delegation. ‘‘(a) ALLOWANCE OF DEDUCTION.—In the and 55 countries and territories in 1994. I am case of an individual, there shall be allowed Many of my colleagues and their staffs will as a deduction an amount equal to the inter- pleased to add over $205 million of those remember Tim as I do, a warm and compas- est on qualified higher education loans paid sales were accounted for by almost 400 Ace sionate person with a dry Irish wit that earned by the taxpayer during the taxable year. retailers in Illinois. him many friends and the love of his staff. He ‘‘(b) QUALIFIED HIGHER EDUCATION LOAN.— These retailers characterize what Roger, the was often a help to me as I was starting my For purposes of this section— State of Illinois, and Ace are all about: excel- legislative career and I drew upon his wealth ‘‘(1) IN GENERAL.—The term ‘qualified high- lence, leadership, friendliness, team work, er education loan’ means a loan which— of wisdom and experience when I had the op- family orientation, and striving to always be portunity. ‘‘(A) is made to a student to meet the stu- dent’s cost of attendance at an institution of the best they can be. To Marilyn, his wife of 50 years, his 6 chil- higher education; Roger began his career with Montgomery dren and 10 grandchildren, I send my deepest ‘‘(B)(i) is made, insured, or guaranteed by Ward after graduating from the University of condolences for a very great loss. the Federal Government; Miami (Florida) in 1960. Prior to joining Ace, ‘‘(ii) is made by a State or a political sub- f Roger was also executive vice president and division of a State; general manager of C/P Products Corporation ‘‘(iii) is made from the proceeds of a quali- INTRODUCTION OF THE STUDENT fied student loan bond under section 144(b); in Elkart, IN. His other experience includes LOAN AFFORDABILITY ACT OF 1995 or various management positions with the J.C. ‘‘(iv) is made by an institution of higher Penney and Ben Franklin, Division of City education (as defined in section 1201(a) of the Products Corporation. HON. PATRICK J. KENNEDY Higher Education Act of 1965 (20 U.S.C. Mr. Speaker, Roger joined Ace in Septem- OF RHODE ISLAND 1141(a))); and ber, 1976, as national distribution manager. In ‘‘(C) in combination with all other finan- IN THE HOUSE OF REPRESENTATIVES cial assistance awarded to (or on behalf of) 1983, he was promoted to vice president of operations with additional responsibilities for Tuesday, March 14, 1995 such student to meet such cost of attend- ance, does not exceed such cost of attend- traffic, labor relations, corporate security, and Mr. KENNEDY of Rhode Island. Mr. Speak- ance for the academic year for which such physical distribution center planning, including er, I rise today to announce the introduction of loan is made. site selection negotiations. the Student Loan Affordability Act of 1995. ‘‘(2) COST OF ATTENDANCE.—The term ‘cost Within 2 years, Roger was appointed execu- Many of my colleagues already agree that the of attendance’ has the meaning given such tive vice president, and on August 5, 1986, he best way to ensure the future prosperity of term by section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). became president of Ace. In January, 1990, America is to empower our students to meet ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— Roger was given the additional title CEO by the demand for the high skill high wage jobs Unless stated otherwise, the term ‘institu- the Ace board of directors. He has served of the 21st century. Post-secondary education tion of higher education’ means an institu- longer as president than all but the legendary is an essential component in developing the tion which— Richard C. Hesse who reigned for 44 years. skills necessary to be competitive in today's ‘‘(A) is described in section 481 of the High- Under Roger's leadership, Ace's distribution global markets. Unfortunately, with the costs er Education Act of 1965 (20 U.S.C. 1088), and system expanded from 5 distribution facilities of post-secondary education dramatically ris- ‘‘(b) is eligible to participate in programs under title IV of such Act. in 1976 to the current total of 14. One of these ing the number of middle class families who ‘‘(c) NO DOUBLE BENEFIT.—No deduction facilities, at 1.1 million square feet, is the larg- can afford to send their children to college is shall be allowed under subsection (a) for in- est in the industry. falling. terest on qualified higher education loans The Ace Hardware Corporation's Ace 2000 The Student Loan Affordability Act will offer with respect to which a deduction is allowed program and its accelerated version, the New middle income families the relief they need, under any other provision of this chapter. Age of Ace initiated under Roger's leadership, ‘‘(d) REGULATIONS.—The Secretary may and empower them to engage in the most im- has an objective of making Ace Hardware, portant of tasks: sending their children off to prescribe such regulations as may be nec- essary or appropriate to carry out this sec- Home Center, and LBM retailers the premier college. The proposal will establish a tax de- tion, including regulations requiring record- hardlines retailers in the industry by the year duction for the interest payments on student keeping and information reporting.’’ 2000. loans, just like that provided for interest on (b) DEDUCTION ALLOWED IN COMPUTING AD- Clearly Mr. Speaker, Roger defines Ace's mortgages. As a result of this legislation, stu- JUSTED GROSS INCOME.—Section 62(a) of such corporate mission as being a total ``* * * retail dents and their families will be able to reduce Code is amended by inserting after para- support company * * * providing independent graph (15) the following new paragraph: the costs of their education. Ace dealers with quality products, programs, Mr. Speaker, I sincerely hope that this bill is ‘‘(16) INTEREST ON STUDENT LOANS.—The de- duction allowed by section 220.’’ and services. We exist to serve the Ace dealer supported by my colleagues on both sides of (c) CONFORMING AMENDMENT.—The table of and we know that Ace's success is based on the aisle. The education of our students sections for part VII of subchapter B of chap- the success of that independent Ace dealer,'' should not be a battleground for partisan poli- ter 1 of such Code is amended by striking the stated Roger. tics but a source of pride and consensus that item relating to section 220 and inserting: He has worked diligently, not only for Ace, we may all support. We must invest in our ‘‘Sec. 220. Interest on student loans. but for the hardware industry as well, as illus- children's education today if we are going to ‘‘Sec. 221. Cross reference.’’ trated by the leadership award presented to be competitive in international markets tomor- (d) EFFECTIVE DATE.—The amendments him at the International Hardware Dealers As- row. made by this section shall apply to taxable sociation convention in March, 1994. Roger I encourage all my colleagues to support years beginning after December 31, 1995. personifies that true leadership is making peo- this legislation. f ple better than they ever thought they could Mr. Speaker, I ask that a copy of the legisla- TRIBUTE TO ROGER E. PETERSON be. tion be printed in the RECORD. Mr. Speaker, Roger's management style, H.R. — HON. HARRIS W. FAWELL philosophy and leadership are paying huge Be it enacted by the Senate and House of Rep- OF ILLINOIS dividends today and will continue to do so for resentatives of the United States of America in IN THE HOUSE OF REPRESENTATIVES years to come. After many years of distin- Congress assembled, guished and superior service to the Ace hard- Tuesday, March 14, 1995 SECTION 1. SHORT TITLE. ware Corp., I wish Roger all the accolades he This Act may be cited as the ‘‘Student Mr. FAWELL. Mr. Speaker, I rise today to so rightfully deserves. May his years of retire- Loan Affordability Act of 1995’’. commend Mr. Roger E. Peterson, chief execu- ment bring Roger all the best with his wife, March 14, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 593 Joyce, and their six children, Stephen, Cindy, ployees. On this, the occasion of its 75th anni- The F22 Linda, Kristin, Kathrin and Scott. versary, I am pleased to tell my colleagues in Pork is now The Georgia State fruit f the House that NARFE has been and contin- ues to be sensitive to the needs of society at Pork pork pork Where they grew GROWING LUNCH MEALS, large, as well as those of the retired Federal GROWING KIDS The F22 employees. That’s the Speaker’s As the organization grew in size to national Hometown too HON. RON PACKARD preeminence, it grew in importance to its The F22 OF CALIFORNIA members. NARFE has been instrumental in Pork pork pork IN THE HOUSE OF REPRESENTATIVES the evolution of the Government's retirement Not for me and you. Tuesday, March 14, 1995 and disability income protection system for f civil service retirees. Mr. PACKARD. Mr. Speaker, some things NARFE has consistently met its goal of pro- REMEMBERING MARK DOSTAL will never change. The Democrats continue to moting and preserving the interests of its ignore the facts and continue to spew liberal members in a radically changing work force. lies. The Republican food and nutrition block HON. BILL BAKER Most important, it's an organization run by the OF CALIFORNIA grant proposal will not take food out of little membership. In the truest sense of the word, IN THE HOUSE OF REPRESENTATIVES Johnny's mouth. Republicans know that hun- NARFE is a grassroots organization. gry children can't learn. Our plan takes the f Tuesday, March 14, 1995 Federal bureaucratic fat out of the school lunch program, leaving more money for the THE F22 IS REPUBLICAN PORK Mr. BAKER of California. Mr. Speaker, re- kids. cently a tragedy befell my home area in the Block grants will rid this country of a Wash- east bay region of San Francisco. Mark Chris- HON. MAJOR R. OWENS topher Dostal, a native of Moraga, CA, was a ington-based, Washington-regulated, and OF NEW YORK Washington-mandated system that has failed senior cadet at the U.S. Air Force Academy IN THE HOUSE OF REPRESENTATIVES when he was killed in a training accident while our children. Our Republican proposals ensure Tuesday, March 14, 1995 that needy children are put in front of bureau- flying a T±3 aircraft at the Academy February crats, not lost in their administrative maze. Mr. OWENS. Mr. Speaker, I would like to 23. Children must and will get the services they make one more plea for justice. I want to Mark was the kind of young person to whom need. again beg the leadership of this Congress to our country has always looked as a future Removing the thick layer of Federal bu- abandon its reckless demolition of the pro- leader. He was a fine young scholar and a reaucracy allows local and State governments grams that have helped to make America multisport athlete, serving as co-captain of his to do a better job with less paperwork and great in the eyes of the whole civilized world. Miramonte High School football team and also less regulation. Our Republican proposal rec- The way we as a nation have treated the least was a member of the track and field team. ognizes that local government knows what among us is the vital ingredient of our great- And, too, Mark, loved skiing and rock climbing. works best for the children in their commu- ness. This is a plea for honest decisionmak- But it was in rugby, that toughest of land nities. They know best how to get increased ing. Yes, there is waste in Government and it sports, that Mark especially excelled. He was mileage out of the Federal money. Further- must be removed. But school lunches and a member of the High School All-American more, cutting out the Federal middleman gets summer youth employment programs are not Rugby Team, on which he played for the Unit- more money to the State and local level. Re- wasteful. These are the Government programs ed States in New Zealand. He was a starting publicans make sure that States don't replace that work. These are the programs that are player on the A-side men's rugby team at the Washington bureaucrats with their own State still very much needed. The CIA is not needed Air Force Academy from his freshman year bureaucrats. at the level of $28 billion a year. on. Under our food and nutrition block grant The farm price supports for rich farmers are Mark's academic career was no less out- proposal States cannot spend more than 2 no longer needed at the level of $16 billion a standing. A 4.0 student at Miramonte, he was percent of their block grant on administrative year. We don't need another Sea Wolf sub- a 4-year member of the California Scholastic costs. Getting bureaucrats out of our children's marine. We certainly do not need to spend bil- Federation. He won a prestigious award for school cafeterias permits funding to grow 4.5 lions of dollars for F22 fighter planes. The F22 one of his engineering drawings, and at the percent a year, a rate above inflation. enterprise in Marietta, Georgia represents a Academy, where he was majoring in behav- Not one needy child will have food taken long-term overwhelming pork barrel. For this ioral sciences, he made the dean's list three from his or her mouth. At least 80 percent of same amount of money we could employ times and superintendent's list twice. Federal funds must be spent on low-income twice the number of people in the civilian sec- Mark's promise as a leader was evident in children. Block grants actually will increase the tor creating infrastructure and services that are the posts he held at the Academy. He was a amount of money that gets to the kids. In 5 needed. The F22 is Republican pork. In the projects non-commissioned officer and ele- years we'll be spending $1 billion more per Federal budget this is a huge hog that de- ment leader, and was appointed squadron year on school meals than we are today. serves to be slaughtered. commander during survival training after his Mr. Speaker, Americans want us to reform THE F22 IS REPUBLICAN PORK freshman year. He was in the Soar-for-All pro- our disastrous welfare state. Republicans want The F22 gram, where he soloed in a motorless glider, to get Washington out of the business of run- Pork not for me and you and helped lead the assault course as an in- ning these programs. Moving the money clos- The F22 structor for basic cadet training. er to the children ensures that we feed more Toys for skies blue Mark took life at full tilt. His mother, Shirley, Empty of any has said that over the course of his athletic kids with less money. Food and nutrition block Enemy crew grants are good for our kids and good for career, he broke all his fingers at various The F22 times. He was a young man who would not America. Jobs for just a few quit, and who relished in the simple joy of f The F22 Rich Georgia stew being alive. He loved being with his friends, GRASSROOTS ORGANIZATION Pork pork pork and knew how to laugh as well as to study Not for me and you and compete. HON. MICHAEL P. FORBES Off the orphans To his family and his many friends, I offer Starve the kids OF NEW YORK my deepest condolences. They have lost a Save the contracts IN THE HOUSE OF REPRESENTATIVES son, a brother, and a friend. Our country has Roll out the bids lost one of its most promising young leaders. Tuesday, March 14, 1995 Bully the poor Be a hi-tech dog Yet, in his memory, we gain enduring inspira- Mr. FORBES. Mr. Speaker, since its found- Eat the best meat tion from a life characterized by a unique com- ing in 1921, the National Association of Re- High on the hog bination of excellence and joy. Mark's 20 tired Federal Employees [NARFE] has been a For the peach years were too short, but the fullness of his guardian of the rights of retired Federal em- Who gives a hoot living will remain. E 594 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 1995

THE SOCIAL SECURITY TRUST GAN, to express the sense of the House of saw the birth of the United Nations). ‘‘VE FUND Representatives that Social Security would not Day,’’ Victory in Europe will be honored. be used to balance the Federal budget. This The exhibit will also cover ‘‘The Atomic Bomb’’ and ‘‘The End of World War II.’’ The HON. J. DENNIS HASTERT amendment passed and will provide crucial di- April program concludes with a presentation OF ILLINOIS rection to the House in future years as we of the president’s legacy of leadership. IN THE HOUSE OF REPRESENTATIVES seek to balance the budget. A film and discussion series follows the However, if Social Security had been statu- ‘‘1945’’ exhibit with programs covering the Tuesday, March 14, 1995 torily exempt from cuts, I believe there are Yalta conference in May and the atomic Mr. HASTERT. Mr. Speaker, it is time to many who would try to expand Social Security bomb in June. President Truman is the sub- measure our progress in protecting the Social to include benefits for nearly every group of ject of the July segment. Security Fund, specifically the Old Age and Americans imaginable. Many of the benefits A public debate on the legacy of FDR will be presented by teams from Marist College Survivors Insurance Fund [OASI]. This is the paid out by the Social Security Administration and United States Military Academy at West fund into which we all pay throughout our do not go to retirees, but rather drug addicts, Point in late April. This will interest those working lives and from which we expect to re- children with learning disabilities and the like. interested in the FDR years, as well those ceive benefits when we retire. I am fearful that this would not only continue, closely following the continuing discussions In my tenure in the House of Representa- but expand under a system where only Social in Congress concerning entitlement pro- tives, I have had the opportunity to cast votes Security had an ``exempted'' status. grams. Chief among those programs is the to protect the Social Security trust fund sev- I have explained several key votes I have Social Security Act, a major betterment of eral times. Perhaps the most important vote I taken to protect the Social Security trust funds the early Roosevelt administration. The Memorial Day weekend will feature a have cast was in 1990 when I voted to take in the past several years. I do this because bivouac and salute to FDR by the Duffel Bag the Social Security trust funds ``off-budget.'' the people in the 14th district of Illinois want group of Carmel, New York. This group, The purpose of this action to ensure that the to know that their retirement benefits are safe. founded ten years ago, is composed of 300 Social Security trust funds would no longer be In fact, a group that believes strongly, as I men, women, and some children, who reenact used to mask the true size of the Federal defi- do, that these benefits be removed from the WWII battles, march in parades, and stage cit. Instead, the trust fund would have a sepa- national budget and set aside for the intended exhibitions of their equipment and vehicles. rate account. The administrative costs of the use of retirees has recently contacted me. I Duffel Bag was conceived and promoted by Social Security Administration were not taken have presented this history of my position to Brian Benedict, a Carmel dealer in military surplus goods. Recently, Benedict said, the ``off-budget.'' indicate that I am in full agreement. Congress group reenacted the Battle of the Bulge in This action moved us closer toward honest should not use Social Security funds to bal- Indian Gap, Pennsylvania. They performed accounting procedures and away from the ance the budget or mask the budget deficit, at half-time of the Army-Navy game in 1993 concept of the ``unified budget,'' a mechanism but rather to fund the earned benefits of our and are scheduled to appear again in this to place all revenues in one large pot from country's senior citizens. year’s game. when the Government can draw. However, it f At Hyde Park, Benedict went on, the Duf- turns out that the language included in the fel Bag associates will create an attempt by 1990 law was not enough to protect the trust FIFTIETH ANNIVERSARY OF enemy commandoes to kidnap President FRANKLIN ROOSEVELT’S DEATH Roosevelt. The ‘‘army’s’’ assignment will be fund. to deny the attempt. Benedict promised a In 1993, President Clinton undermined the skirmish between the forces, complete with trust fund by proposing a tax on Social Secu- HON. RICHARD E. NEAL simulated gunfire. Kids of all ages, he said, rity beneficiaries at a rate of 85 percent of OF MASSACHUSETTS are welcome to inspect their equipment their benefits. The money collected from this IN THE HOUSE OF REPRESENTATIVES which will include jeeps, trucks, and possibly half-tracks and light armor. tax would not go back into the trust fund, but Tuesday, March 14, 1995 was instead diverted to other programs in the August will see the presentation of the na- Federal budget. I strongly opposed this tax. In Mr. NEAL of Massachusetts. Mr. Speaker, tionally-known ‘‘Sunrise at Campobello’’ by the Rhinebeck Theatre Group. This drama fact, I went to the Rules Committee and of- as we approach the month of April, the Presi- dential library founded by Franklin Delano tells the story of the summer of 1921 when fered an amendment to strip this tax on Social FDR contracted polio. Theatre goers may re- Security from the underlying budget legisla- Roosevelt will inaugurate a series of exhibits, member the original Broadway presentation tion. But, the Rules Committee did not allow events, films, and a play to commemorate the with Ralph Bellamy in the title role. my amendment and the 1993 budget contain- 50th anniversary of the death of America's Since the wartime president always consid- ing the tax on Social Security benefits passed 32d President. I would like to submit for the ered himself first and foremost a farmer, the into law with my strong objections. CONGRESSIONAL RECORD an article by a con- FDR Library in conjunction with the Later in 1994, I had the opportunity to cast stituent of mine, Edmund Walsh. Dutchess County Cooperative Extension, will present its first Agricultural Heritage Day in a vote in favor of making Social Security an FDR’S LEGACY CONTINUES AT HYDE PARK LIBRARY September. Farm groups, a farmer’s market independent agency. This legislation passed and various environmental groups will par- (By Edmund A. Walsh) the House and Senate and became law. This ticipate. means the Social Security Administration Starting April 1, 1995, the presidential li- Other activities are planned for Warm [SSA] is no longer counted as part of the De- brary founded by Franklin Delano Roosevelt Springs, the New York Museum of Television partment of Health and Human Services. will inaugurate a series of exhibits, events, and Radio, and at Roosevelt University in films, and a play to commemorate the 50th Chicago. For more information on the plans Thus, the budget for Social Security is com- anniversary of the death of America’s 32nd pletely contained in one agency and the ad- at Hyde Park or other locations, call 800– president. The commemorational activities FDR–Visit or 800–337–8474. ministrative costs of the trust fund are clear will start with an exhibit entitled ‘‘1945—The and set aside with the ``off-budget'' trust funds. Year That Changed Your World.’’ This pro- f For the first time, there will be a bipartisan gram will cover FDR’s inauguration for an INSIDE SALES COMPENSATION governing board that insulates the SSA from unprecedented fourth term, with Harry S. political influence and the everyday fiscal pol- Truman, former senator from Missouri, icy decisions of the administration in power. In sworn in as his vice president. The exhibit HON. HARRIS W. FAWELL will profile the Yalta Conference, where Roo- fact, several improvements in the Social Secu- sevelt, Churchill and Stalin met to lay plans OF ILLINOIS rity system as a whole will result from this for the post-WWII world. The April program IN THE HOUSE OF REPRESENTATIVES change. It will now be much easier to monitor continues with displays showing the transi- Tuesday, March 14, 1995 and thus, protect the Social Security trust tion from ‘‘The New Deal to the Fair Deal’’ funds. I am proud to have supported this im- when a stunned Truman becomes president Mr. FAWELL. Mr. Speaker, today I am portant change in the system that bolsters the and moves to continue FDR’s steps towards joined by my colleague, Mr. PETRI, in the intro- security of the trust funds. peace. duction of legislation to amend the Fair Labor This year, I cast a vote to support the bal- The ‘‘1945’’ presentation continues with the Standards Act of 1938 [FLSA] to make uni- funeral of FDR and a description of ‘‘The Un- anced budget amendment [BBA]. This, too, finished Legacy of the New Deal,’’ and ‘‘The form the application of the overtime exemption was a vote to protect the security of the Social Birth of the United Nations.’’ (Roosevelt for inside sales personnel. This legislation is Security trust funds. During consideration of passed away on April 12, 1945 in Warm necessary to repair the inequity that presently the BBA I voted for an amendment offered by Springs, Georgia; just two weeks before he exists between retail and wholesale establish- my friend from Illinois, Representative FLANA- was to host the San Francisco meeting that ments. March 14, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 595 Under the FLSA, the treatment of sales peo- certainty of 50 different civil justice systems. Whallon was quickly affected by this. First, ple for overtime purposes varies significantly The awards for damages in one State affect its insurance carrier decided to not renew based on circumstance. As it now exists, a the prices to consumers, insurance rates, and Whallon's policy. New insurance was found wholesaler's inside salesperson must be paid job market in other States. According to sur- but at nearly 4 times its 1993 premium. The time-and-one-half for his or her additional veys reported by Pace University Professor of company had to alter plans for plant improve- hours, while the employee performing pre- Law M. Stuart Madden, because of liability ments and expansion, which meant neither cisely the identical job at a retail establishment costs, 36 percent of American manufacturers additional hiring nor improvement in employee does not. During an economic downturn, these have withdrawn products from the world mar- benefits. costs are considerable and have contributed ket, 47 percent have withdrawn products from In another example, medical device manu- to layoffs and comparable overhead reduction. the domestic market, 30 percent have decided facturers, such as BIOMET, Zimmer, DePuy, In 1938, Congress had no way of foreseeing not to introduce new products, and 25 percent and Danek in Warsaw, IN, provide critically the effect that distinctions in the overtime law have discontinued new product research. needed products to patients across the coun- could have a century later. Differences based It can be argued that our tort system is al- try and in the world. Medical device manufac- on an ability to supervise or a retail-wholesale ready federalized, except that no consistent turers have improved the quality of life for dichotomy no longer serve a useful purpose. standards apply. Even criminals in our criminal countless individuals, through pacemakers, As old practices of doing business change, the justice system face a clear definition of what heart valves, artificial blood vessels, hip and differences between a wholesaler's sales staff constitutes crime and there is a limit on what knee joints. and a retailer's sales staff are no longer sig- punishment is deemed to be just. Three major suppliersÐDuPont, Dow nificant. For the average American, the current tort Chemical, and Dow CorningÐrecently an- This legislation would make the application system denies the right of free choice in the nounced that they would limit, or cease alto- of this particular overtime exemption under the marketplace and inflates the prices for avail- gether, their shipments to medical implant FLSA consistent for retail, wholesale, and manufacturers. Under current law, suppliers of able products. It also discourages innovation, service establishments. I would like to note the raw materials used in implantable devices retards capital formation and creates a distinct that the provisions defining who is covered may be brought into the litigation process. competitive disadvantage in the world market, under section 13(a)(1) of the FLSA and the Huge damage awards are often sought from affecting ability of the economy to create and 541 regulations are very confusing. Appar- these biomaterial suppliers, even though sup- maintain jobs. ently, the language in the Act is the result of pliers have no role in the design, manufac- The chief flaws of the existing system is that various amendments over the years. As we turer, or sale of the implantable device. The it is unpredictable and there is little individual consider this legislation, I hope that we can courts are not finding the suppliers liableÐone also work to simplify and streamline the lan- responsibility where all are considered victims. supplier has a record of 258 to 1. Neverthe- guage. Article I, section 8 of the Constitution gives less, it can cost millions to defend and win f Congress the power to regulate interstate and these lawsuits. The risks and costs of re- foreign commerce. The intent of H.R. 956, the sponding to product liability suits far exceeds COMMON SENSE LEGAL Common Sense Product Liability and Legal the limited revenues generated from the sale STANDARDS REFORM ACT OF 1995 Reform Act, is to return a sense of reason- of these materials and it is driving suppliers ableness and predictability to this system. SPEECH OF away from the medical device industry. H.R. 956 would: First, limit the liability of Alternate suppliers have been identified for HON. STEPHEN E. BUYER product sellers; second, limit the liability of certain of the materials, but they have ex- OF INDIANA manufacturers for injuries due to drug or alco- pressed similar liability fears. In many cases, IN THE HOUSE OF REPRESENTATIVES hol abuse, or to the misuse or alteration of no other supplier exists. Alternate suppliers Wednesday, March 8, 1995 their product; third, institute a 15-year statute will likely sell materials only to those medical of repose on product liability; fourth, impose implant companies with the financial ability to The House in Committee of the Whole sanctions for bringing frivolous product liability House on the State of the Union had under back stringent indemnification agreements. Ac- consideration the bill H.R. 956, to establish suits; fifth, eliminate joint liability for non- cording to Dane Miller, president of BIOMET, legal standards and procedures for product economic damages in product liability suits; he is having to look at offshore biomaterial liability litigation, and for other purposes: sixth, require a higher standard of proof for suppliers and the substitute materials made Mr. BUYER. Mr. Chairman, in the past 50 punitive damages in all civil suits; seventh, available may be substantially different and re- years, the cost of tortsÐpersonal injury, prod- cap punitive damage awards in all civil suits at quire quality assurance and new testing. Small uct liability, and medical malpractice casesÐ $250,000 or 3 times economic damages, implant manufacturers and start-up compa- have grown at 4 times the rate of the overall whichever is greater, and eighth, require strict nies, however, are not in a financial position to economy. Currently, the cost of this system is standards of proof for claims against guarantee adequate indemnification to suppli- in the neighborhood of $132 billion. biomaterial suppliers. ers. Small medical technology manufacturers Other than diversity jurisdiction in Federal In no way does H.R. 956 limit the ability of are a primary source of innovation in the med- court, predominately, tort actions have been a plaintiff to recover actual economic lossÐ ical technology industry. tried in State courts. Historically, consumers medical bills, lost wages, and the like. By limiting liability to instances of genuine bought goods and services locallyÐintra- This legislation will help benefit many of the fault, H.R. 956 will enable life-saving and life- stateÐwhere many companies primarily con- small businesses in the 5th District of Indiana. improving medical devices to remain on the ducted commercial trade locally. State rules Let me site just two examples. market. for tort actions were probably quite appro- Whallon Machinery of Royal Center, IN, We must return a sense of reasonableness priate. In the last half century, however, inter- manufacturers industrial material handling ma- to ensure that injured parties are compensated state commerce has dominated the market. chines. The machines incorporate hydraulic in a manner that protects all consumers and Consumers buy products that are manufac- and pneumatic components as well as sophis- America's competitiveness. H.R. 956 is a good tured in other States, with company head- ticated electronics. This equipment can be start in that direction. quarters in still another State. Companies no found in nearly every State and many foreign f longer serve local markets, but sell products countries. In nearly 30 years of business, over nationally, even internationally. The mecha- 83 percent of all machines built are still in use. STOP TERRORISM nism by which civil disputes are settled has In 1993, Whallon received notice of an inci- not kept pace with a changing world and its dent involving their equipment. Previous to HON. CHARLES E. SCHUMER economy. this, Whallon had no product liability claims. A OF NEW YORK From 1973 to 1988, product liability suits in customer modified a Whallon machine to the IN THE HOUSE OF REPRESENTATIVES Federal courts increased 100 percent; in State extent that an operator could place himself courts the increase was between 300 and 500 into the working mechanism of the equipment Tuesday, March 14, 1995 percent. while the machine was still in automatic oper- Mr. SCHUMER. Mr. Speaker, I rise today to This increase in litigation has not come with- ation. An operator, without first hitting the bring your attention to an ad that recently ran out a price. Because 70 percent of products emergency stop button, as instructed by the in the New York Times, the Wall Street Jour- manufactured in any one State cross State owner of the machine, entered the machine nal, the International Herald Tribune, and the borders before the point of final sale, Amer- while it was running and sustained injuries. New Republic sponsored by the American ican manufacturers must contend with the un- Whallon ultimately settled out of court. Jewish Committee [AJC]. This ad is part of E 596 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 1995 AJC's recent campaign to educate people on leagues evidence from people who are at TRIBUTE TO THE DISTINGUISHED international terrorism and the proposed U.S. work in Massachusetts of the damage that is WOMEN OF CALIFORNIA’S 14TH international countermeasures. As the sponsor being done to our social fabric by the pro- CONGRESSIONAL DISTRICT of H.R. 896, the President's Omnibus posed cuts that the Republican Party is putting Counterterrorism Act of 1995, I would like to forward. By increasing military spending, keep- HON. ANNA G. ESHOO commend AJC for their efforts. ing other spending such as the manned space OF CALIFORNIA AJC is a national membership organization station sacrosanct, and advocating large tax IN THE HOUSE OF REPRESENTATIVES which protects the rights of Jews the world cuts, many of which will go to wealthy people, over; combats anti-Semitism and bigotry; Tuesday, March 14, 1995 the Republicans are forcing unduly deep cuts works for the security of Israel, human rights, in many important programs that help our so- Ms. ESHOO. Mr. Speaker, I rise today dur- and democratic pluralism; and promotes the ing National Women's History Month to salute creative vitality of the Jewish people. ciety attain the degree of civility that is essen- tial. Recently, the commissioner of education the remarkable women of California's 14th The AJC has recently begun work on raising Congressional District who serve their commu- public consciousness of the threat posed to all in Massachusetts wrote to me and my Massa- chusetts congressional colleagues to talk nities as leaders of organizations that assist of us by terrorism, and developing appropriate women. responses to this threat. about how seriously damaged programs in Massachusetts will be by cuts in the education This year, as we celebrate the 75th anniver- I ask that the text of the AJC's ad on terror- sary of women's suffrage, it is fitting that we area. I ask that Commissioner Antonucci's let- ism be included in the CONGRESSIONAL honor those who devote their time and talents RECORD. ter in which he stresses ``the important con- to organizations that promote women and A TALL ORDER: STOP TERRORISM nection between education and the nation's meet their needs. The extraordinary efforts NO ISSUE IS MORE URGENT, NO SECURITY economic competitiveness and the vital role of and public service of these outstanding THREAT MORE OMINOUS federal investment in education'' be printed women provide our district with great leader- Since the World Trade Center bombing two here as one more argument against the cuts ship. While we take time during this month to years ago, terrorists espousing a radical, the Republican Party is now launched upon. vengeful interpretation of Islam have struck commemorate historic women and their THE COMMONWEALTH OF MASSACHU- in Buenos Aires (for the second time), Pan- achievements, we also take this opportunity to SETTS DEPARTMENT OF EDU- ama, London, Cairo, Algiers and throughout honor the contributions women in service or- CATION, Israel. Malden, MA, February 28, 1995. ganizations are currently making to our com- Terrorists claim divine guidance, but their The MASSACHUSETTS CONGRESSIONAL munities. brutal acts are condemned by the 50-country DELEGATION, Our region is blessed with superbly capable Islamic Conference Organization as ‘‘a clear women leaders. Among these distinguished deviation from the teachings of the right- Washington, DC. eous Islamic religion and blatant violation DEAR MEMBERS OF THE MASSACHUSETTS women are: members of the San Mateo Coun- of our values, norms and heritage.’’ DELEGATION: As the Appropriations Commit- ty Council on the Status of Women: Linda Terrorists are funded, housed, equipped, tee proceeds to vote on March 2 on the re- Crowe, Janet Frakes, Gale Frances, Barbara trained and provided logistical support, ac- scission package that would cut $1.7 billion Gee, Laura Guluzzy, Barbara Hammerman, cording to the U.S. government, by such U.N. from Education programs, I have implored Zenaida Ivey, Teresa Jollymour, Mary member states as Iran, Iraq, Libya, Sudan them to please consider the important con- McGlynn, Pat Paik, Ellen Petterson, Jo Anna and Syria. nection between education and the nation’s Reichel, Mary Anne Rooke, Victoria Von Terrorists have taken the lives of hundreds economic competitiveness and the vital role Schell, Carol Tanzi, Edwina Wasson, Yvonne of men, women and children of many nation- of federal investment in education. alities and religions. Their targets can be For Massachusetts, a leader in education Webb, Eva Wright, and Brenda Yost; mem- anywhere. The next bus. The next plane. The innovation and reform, the proposed cuts bers of the Santa Clara County Commission next skyscraper. would shatter our best investment. For ex- on the Status of Women: Bonita Lynn A global peril, terrorism must be con- ample, the Goals 2000 initiative so closely Banducci, Annie Dandavati, Jean Graf, Norma fronted globally—and immediately. tied to each state’s reform efforts is sched- Mencacci, Jyoti Pendse, Gwen Quail, Noreen First, the U.S. and like-minded nations uled to be cut by $142 million. Programs such Raza, Wiggsy Sivertsen, Rosemary Stasek, must intensify their cooperation in the fight against terrorism, making it an urgent as School To Work and Tech Prep have been Linda Tauhid and Wilma Wool; Madolyn international priority. Intelligence-gather- lauded as providing high-skilled preparation Agrimonti of the Latina Mentor Program; Eliza- ing and investigative resources must be in- to 7000 students each year in the work place beth Alonzo, president of OPEIU Local 29; creased, border control procedures reas- and the community colleges—the only entry Dorothy M. Ames, president of AAUW sessed, and the flow of financial support to for these particular students for higher wage Cupertino/Sunnyvale; Nancy Berg, executive terrorist ‘‘charities’’ blocked, consistent jobs. director, San Francisco Bay Girl Scout Coun- with constitutional safeguards. The Safe and Drug-Free program has cil; Vera Berg, vice president, Mills-Peninsula served each one of our cities and towns since Second, the international community’s Hospital; Nancy Biagini, president, Commu- tolerance of states that support terrorism 1986. Through these drug and alcohol abuse must end. In Europe and the Far East, na- programs, we have seen a significant drop in nication Workers of America, Local 9423; tions that extend preferential loans and alcohol abuse as reported by students since Crownie Billick, copresident, League of other concessions to such states must be 1990. Women Voters, Los Altos-Mountain View; pressed to reconsider their shortsighted poli- The loss of $2,000,000 in Adult Education Cynthia Carey-Grant, CARAL; Felisa Castillo, cies. funding has very serious consequences to our secretary-treasurer, Bakers' Local 24; Kalamu Third, moderate Arab states must be sup- most vulnerable population. These monies Chache, executive director, the Consortium for ported in their efforts to contain the forces provide workplace literacy to 1200 adult stu- Young Women; Marcie Cisneros, Sor Juana of extremism. They are on the front line in dents, and literacy training to 1500 homeless Ines; Lisa Conrad, president, League of this struggle. adult students. Our business community has Fourth, we must work to further the proc- Women Voters of South San Mateo County; been so impressed with our success, that ess of reconciliation between Israel and the Amy Dean, business manager, South Bay Arab world which benefits the entire region, they match the federal grant with $1,800,000 AFL±CIO Labor Council; Carmen Delgado- and undercuts the appeal of extremism. each year. Contreras, Latina Mentorship Program; Rosa- These steps will enhance safety across the We have written each member of the Ap- lind Fisher, executive vice president, Visa USA propriations Committee. We need their vote globe, in every land menaced by terrorism, Inc.; Nancy Fox, executive director, Girl to reflect a level of funding that ensures including our own. It’s a tall order . . . and Scouts of Santa Clara County; Wanda W. Gin- a vital one. every student’s educational success. Sincerely, ner, Petersen/Ginner, Inc.; Dian J. Harrison, f ROBERT V. ANTONUCCI, executive director, Planned Parenthood of San UNWISE CUTS IN EDUCATION Commissioner of Education. Mateo County; Ila Homsher, Pacific Gas and Electric; Karen Keane, the Women's Center; HON. BARNEY FRANK Rita Keefe, president, AAUW Los Altos/Moun- OF MASSACHUSETTS tain View; Jane King, president, AAUW Menlo/ IN THE HOUSE OF REPRESENTATIVES Atherton; Muriel Knudsen, copresident, League of Women Voters of Los Altos/Moun- Tuesday, March 14, 1995 tain View; Sue Mirch-Kretschmann, president, Mr. FRANK of Massachusetts. Mr. Speaker, League of Women Voters of Cupertino/Sunny- from time to time I will share with my col- vale; Ruth Nagler, the Women's Center; Eve March 14, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 597 Orton, president, League of Women Voters of ioral Sciences at Stanford University, and win- In each of his successive mayoral terms, San Jose/Santa Clara; Fran Packard, presi- ner of the Distinguished Statistical Ecologist Sam Halloin added to a list of accomplish- dent, Bay Area League of Women Voters; Award of the International Association for ments with wide-ranging benefits to the city Sally Probst, president, League of Women Ecology. and people of Green Bay. Voters of Palo Alto; Nancy Roberts, president, He has conducted pioneering research in His successful completion of city projects AAUW, Palo Alto; Jeanine Meyer Rodriguez, ecological genetics and is a founder of the such as the Old Fort Square development, SEIU Local 715; Linda Romley-Irvine, execu- field of numerical taxonomy. He developed im- East Town Mall and the industrial park created tive director, Community Breast Health portant statistical methods that he and others jobs and provided a boost to the local econ- Project; Mary Ann Sabie, president, Central have applied to study geographic variation, omy while many cities suffered through a re- San Mateo County of Women Voters; Marcy ethnohistory, and mathematical classification. cession. Schultz, business manager, Building Trades A coauthor of 10 books, he has contributed Mayor Halloin helped transform Green Bay Council; Kristina Sermersheim, Service Em- to over 175 learned papers in the biological into an even more popular tourism and busi- ployees No. 715; Charlene Shores, AFSCME, sciences, and has served as editor of the ness destination with the construction of the Council No. 57; Dorothy W. Smith, Elizabeth American Naturalist, a flagship journal in ecol- Embassy Suites and Regency Conference Toledo, president, California NOW; Betty ogy and evolution. Center. Torrez, AAUW; Arleen Vallejo, program coor- He has been elected to high office in many He also was successful in negotiating the dinator, the Women's Center; Ellen C. Wea- scientific organizations, including the American construction of a $6 million State office build- ver, Ph.D., Association for Women in Science; Society of Naturalists, the Society for the ing in downtown Green Bay, drawing hun- and Eleanor Curry Williams, Black Women in Study of Evolution, the Classification Society, dreds of workers into the downtown area and County Government and Linda Williams, exec- and the International Federation of Classifica- creating a positive ripple effect in the local utive director, Planned Parenthood Mar Monte. tions Societies. economy. We also honor the following members of our At Stony Brook he has served as vice pro- Always eager to share the credit, Mayor district's youth commissions: from San Mateo vost for research, department chairperson, Halloin admitted recently that ``as Mayor, you County: Priscilla Aguirre, Cassie Bergero, and professor. don't do anything on your own. You do it by Catherine Bursak, Monica Yvonne Fuentes, Born in Vienna, Austria, he and his family working with others, and either you get the Fiona Hsu, Virginia S. Lin, Nina Lu, Regina fled to Shanghai, China, in 1939, to allow his support of the Council or you don't.'' McMenomy, Anshu Mohllajee, Katie Moroney, father's release from the infamous Dachau Mayor Sam Halloin is still drawing the sup- Cecilia Pena, C.J. Ross, Mona Lisa Safai, and Buchenwald concentration camps. He met port necessary for creating jobs in the commu- Jocelyne Takatsuno, and Laurel Whitnah; and his wife, Julie Chenchu Yang, when they were nity. In the past year, Sam helped bring a from Santa Clara County: Nashua Rachel Car- both students at St. John's University in large-scale revitalization proposal for the los, Siobahn E. O'Laoghaire, Carmen S. Shanghai. They have two children, David and Broadway neighborhood to passage, and has Paredes, Persees Goebel, Laurie Aguinaga, Hannahk, and three grandchildren. guided city purchases of riverfront property to and Kristin Higaki. f be sold to private owners. In addition, we honor the young women who Sam's dedication to the economic well-being serve on the Student Advisory Board of the TRIBUTE TO MAYOR SAM HALLOIN of Green Bay and its residents will not be for- 14th Congressional District: Lisa Coar, Ashley gotten. Fortunately, the community will benefit Fay, Jessica Ginsburg, Shelly Gulati, JoAnn HON. TOBY ROTH from Sam's vision and initiative for years to Hsiao, Aisha Machtinger, Alana Paull, Sara OF WISCONSIN come. In his years of service, he pointed Tesfazghi, Caroline Tsou, and Serene Zloof. IN THE HOUSE OF REPRESENTATIVES Green Bay down a secure path to the 21st Mr. Speaker, I ask my colleagues to join me Century without compromising the hometown in saluting these remarkable women and the Tuesday, March 14, 1995 feel and neighborly spirit of this great North- extraordinary contributions they are making to Mr. ROTH. Mr. Speaker, I rise today to east Wisconsin community. their communities. These great leaders are fit- honor a leader who provided both a bedrock I wish to commend Mayor Sam Halloin for ting representatives of the many women who of stability and a progressive vision for the his years of hard work and service to the city make history every day, and their efforts on community in which he served. of Green Bay, and wish him well as he faces behalf of the people of California's 14th Con- After 16 years at City Hall, Mayor Sam the new challenges that await him outside City gressional District are invaluable and appre- Halloin of Green Bay, WI, will leave office to Hall. ciated by all. begin a well-earned retirement. Thank you, Mr. Speaker. I yield the floor. f When Sam steps down this spring as the f city's longest-serving mayor, the citizens of DISTINGUISHED PROFESSOR Green Bay will remember him as both a WELCOMING HIS MAJESTY skilled political tactician and as a scupltor who HASSAN II, KING OF MOROCCO HON. MICHAEL P. FORBES shaped the city of Green Bay for nearly a gen- OF NEW YORK eration. HON. TOM LANTOS IN THE HOUSE OF REPRESENTATIVES As the guide of a changing city, it has been OF CALIFORNIA said that Sam tied all the loose ends together IN THE HOUSE OF REPRESENTATIVES Tuesday, March 14, 1995 both in the community and in city council Mr. FORBES. Mr. Speaker, I want to speak chambers, where he often encountered dis- Tuesday, March 14, 1995 today on the occasion of the retirement of agreement but never turned down an oppor- Mr. LANTOS. Mr. Speaker, I invite my col- Robert R. Sokal, distinguished professor of tunity to listen to another's point of view. leagues to join me in extending a warm wel- ecology and evolution, at the State University From the beginning of his political career, come to the United States to His Majesty Has- of New York at Stony Brook, where his col- Sam dedicated himself to considering all sides san II, King of Morocco, who is visiting our leagues, former students, and family will gath- of an argument, announcing in his bid for the country over the next few days. er on March 18, 1995, to honor him and his mayor's office: ``I do not have the answers to Not only is King Hassan an outstanding and accomplishments. all the problems that face us, but I will work long-time friend of the United States, who has Dr. Sokal began his teaching career at the actively for an honest government that will be championed the cause of economic progress University of Kansas in the summer of 1951, responsible and objective in its service to the and democracy in his own country and peace where he spent 18 years. He came to the Uni- public.'' and progress in the Middle East conflict, but versity at Stony Brook in 1969. Apparently, that was exactly what the peo- he is the head of state of a country with which During his years in academia, he has se- ple of Green Bay were looking for. They elect- the United States has had a long and friendly cured many honors, including being a member ed him to lead their city in 1979, defeating relationship. Morocco was the first nation to of the National Academy of Sciences, a fellow former Mayor Thomas Atkinson. recognize the independence of the United of the American Academy of Arts and Sam's political career began in 1962 when States of America in 1777, and it has been a Sciences, a fellow of the American Academy he was first elected to city council. In 1974 he steadfast ally of our country since that time. of Arts and Sciences, correspondent of the was elected city council president and served During the 33 years of his reign, King Has- Museum National d'Histoire Naturelle in Paris, for two terms. He also served two terms as san has presided over the remarkable eco- fellow of the Guggenheim Foundation, fellow Brown County board chairman before an- nomic and political development of the King- of the Center for Advanced Study in Behav- nouncing his candidacy for mayor in 1978. dom of Morocco. He was a dynamic leader in E 598 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 1995 the liberation of Morocco from French and [ARCS] Reauthorization Act, will amend the both those who will follow you and those who Spanish protectorates. Shortly after ascending Clean Water Act section 118 to continue the have gone ahead. to the throne in 1961, King Hassan estab- demonstration of innovative technologies to re- Mr. Speaker, I would like to respectfully re- lished a constitutional monarchy based on a mediate contaminated sediments in Great quest that the following account of the cere- multiparty political system including free elec- Lakes rivers and harbors that was originally mony be placed in the CONGRESSIONAL tions, an elected parliament, a free press, and authorized in the 1987 amendments to the RECORD. free trade unions. The King has worked tire- Clean Water Act. On the evening of November 5, 1994, Boy lessly for the economic and social progress of The first ARCS program provided valuable Scout Troop 611, sponsored by the San Jose his people. I also want to commend His Maj- demonstrations of technologies at the pilot Buddhist Church Betsuin, held an Eagle esty particularly for his commitment to a plu- scale that now need to be validated for com- Scout Court of Honor and dinner acknowl- ralistic society that is tolerant of ethnic and re- edging the accomplishments of seven out- mercial use. In the reauthorization, the Envi- standing Boy Scouts. The recipients of ligious diversity. ronmental Protection Agency's Great Lakes Scouting’s highest rank of Eagle Scout were Morocco's leaders have promoted peace National Program Office will also consider new Kevin M. Endo, Dean M. Handa, Michael S. through diplomatic dialog long before the strategies for sediment removal and contain- Leung, Neal T. Nakano, Ted K. Nakano, country was liberated from colonial rule. King ment such as those being demonstrated at the Brian M. Tamekuni, and Ryan T. Yoshida. Hassan has continued in that distinguished Ashtabula River and Harbor in my congres- Providing guidance and support for the national tradition, and he has personally sional district in Ohio. To date, the formation seven Scouts were Scoutmaster Stan played an important international role that has of a new partnership among Federal, State, Kawamata and his assistants: Religious Ad- benefited countries and peoples well beyond local government, and industry has been suc- visor, Reverend Gerald Sakamoto, and Youth the borders of Morocco. King Hassan is a Director, Mrs. Jeanne Nakano. The Eagle cessful in avoiding a new Superfund designa- Charge and Presentation and the Eagle former head of the Organization of African tion and will lower cost and shorten the time- Award Address were given by Mr. Doug Unity, and he is a leader in the Arab world frame for cleanup. This is a success story that McDonald, Santa Clara County Council whose moderating influence has helped sta- needs to be repeated throughout our country. Scout Executive. Among the dignitaries in bilize this turbulent region. The second bill, the Great Lakes Federal Ef- attendance were U.S. Congressman Norman Recently, under the leadership of King Has- fectiveness Act, provides for enhanced re- Mineta, a guest speaker, who presented an san, Morocco has played an extremely posi- search coordination efforts among the many American flag flown over the United States tive role in seeking to bring peace to the Mid- Federal, State and Canadian parties across Capitol to each Eagle Scout and Peter dle East. King Hassan was the first Arab lead- the Great Lakes Basin. By evaluating our cur- McHugh, the mayor of Milpitas, who made a special presentation to Ryan Yoshida. er to meet with Israeli Prime Minister Rabin rent efforts against projected goals we can Kevin M. Endo, the son of Mr. and Mrs. and Foreign Minister Peres following the sign- then prioritize among the agencies to ensure Jerry Endo, is a junior at Santa Clara High ing of the Declaration of Principles in Wash- the best Federal investment while avoiding School. For his Eagle project Kevin super- ington, DC, in September, 1993, between Is- costly duplication of effort. vised and participated in the construction of rael and the PLO, and Morocco was the first It is appropriate that I dedicate the Great a four foot carved wooden Buddhist Wisteria Arab country after the signing of that declara- Lakes Federal Effectiveness Act to the mem- symbol for the San Jose Buddhist Church tion to establish a liaison office in Israel. ory of Peter Seidl. As Secretary to the Inter- Betsuin. I have personally witnessed the remarkable national Joint Commission's Council of Great Dean M. Handa, a son of Mr. and Mrs. Er- nest Handa, is a junior at Saratoga High progress and modernization of the kingdom of Lakes Research Managers, Peter pioneered School. Dean’s Eagle project entailed super- Morocco under the leadership of King Hassan, the concept and was instrumental to the draft- vising and helping to construct a display and I have had the opportunity to meet with ing of this legislation. On May 7, 1994, Peter case for a kimono for the Yu-Ai-Kai Senior His Majesty King Hassan on a number of oc- was on an environmental mission for the Center in San Jose’s Japantown area. casions over many years. I have the utmost World Bank when his plane was lost over the Neal T. Nakano, the son of Mr. and Mrs. respect and admiration for the enlightened Andes mountains enroute to La Paz, Bolivia. Mike Nakano, is a senior at Piedmont Hills leadership he has provided the kingdom of To date, the most extensive search and res- High School. Neal’s Eagle project included Morocco, in Africa and in the Arab world. cue effort in the history of South America has the planning, supervising, and construction of Japanese style fence toppers for the fence Mr. Speaker, I urge my colleagues to extend been unable to locate his plane. between the San Jose Buddhist Church a warm hand of friendship and goodwill to this While friends and family pray for Peter's Betsuin and the neighboring property. champion of peace and democracy in the true safe return, I wish to memorialize his extraor- Brian M. Tamekuni, a son of Mr. and Mrs. spirit of our Nation on the occasion of his visit dinary efforts on behalf of the Great Lakes in Kaz Tamekuni, is a senior at Bellarmine Col- to the United States. service to both his homeland of Canada and lege Prepatory. For his Eagle project Brian f his friends and colleagues in the United supervised and participated in the construc- States. tion of two large tables for the library in the CLEANUP THE GREAT LAKES Yu-Ai-Kai Senior Center in San Jose’s f Japantown. Mr. Jimi Yamaichi was the Eagle project HON. STEVE C. LaTOURETTE BOY SCOUT TROOP 611’S EAGLE advisor for the preceding Eagle Scouts. OF OHIO SCOUT COURT OF HONOR Ted K. Nakano, a son of Mr. and Mrs. Bob IN THE HOUSE OF REPRESENTATIVES Nakano, is a freshman at West Valley Col- Tuesday, March 14, 1995 lege. For his Eagle project Ted designed, HON. NORMAN Y. MINETA planned, supervised, and participated in the Mr. LATOURETTE. Mr. Speaker, on Friday OF CALIFORNIA construction of three outdoor planters to be the 10th of March, I joined Congressman IN THE HOUSE OF REPRESENTATIVES utilized by wheelchair users as part of their QUINN of Buffalo and Congressman OBERSTAR rehabilitation process. It was installed at a of Minnesota to introduce two pieces of legis- Tuesday, March 14, 1995 rehabilitation center run by the city of San lation crafted to protect and enhance one of Mr. MINETA. Mr. Speaker, on November 5, Jose. Ted’s father, Bob Nakano, was his the world's most valuable natural resourcesÐ 1995 in San Jose the accomplishments of project advisor. the Great Lakes. Representing over 90 per- seven members of Boy Scout Troop 611 were Michael S. Leung, a son of Mr. and Mrs. Steve Leung, is a junior at Live Oak High cent of our Nation's fresh water supply, the acknowledged. I was fortunate enough to play School. For his Eagle project Michael Great Lakes' importance to our region's health a part in the honoring of these seven accom- planned and supervised the painting of a and economy cannot be overstated. Currently, plished and talented young men. large map of the United States on the play- the Great Lakes supports a $4.5 billion rec- Congratulations to Kevin Endo, Dean ground of Milpitas Christian School. His reational fishing economy. Handa, Neal Nakano, Brian Tamekuni, Ted project advisor was Mrs. Celeste McVey. Unfortunately, historical pollution found in Nakano, Michael Leung, and Ryan Yoshida. Ryan T. Yoshida, the son of Mr. and Mrs. the sediments of Great Lakes rivers and har- Attaining the rank of Eagle Scout is not an Richard Yoshida, is a junior at Bellarmine bors remains a severe impediment to our ship- easy task. It takes hard work, commitment, College Prepatory. Ryan’s Eagle project en- tailed planning and supervising the refur- ping and recreational opportunities, threatens and a lot of support from your family, your bishing of the play kitchen area and the con- fish and wildlife resources and places human community and your Boy Scout leaders. Your struction of a storage area for the kinder- health at risk. dedication, resolution, and perseverance in garten students at the Zanker Elementary Mr. Speaker, my first bill, the Assessment achieving this rank is to be commended and School. Ryan’s grandfather, Mr. Takeshi and Remediation of Contaminated Sediments emulated by all residents of the community, Sugimoto, was his Eagle project advisor. March 14, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 599 TRIBUTE TO AL JOHNSTON ducing industries in Logan Heights. In the drive for the benefit of Foodlink in Rochester, 1970's, he led the campaigns for the conver- NY. HON. BOB FILNER sion of most of a 5.4-acre parcel at the foot of Voluntarism in America is one of the most OF CALIFORNIA Crosby Street into a bayfront addition to Chi- important forces in keeping the fabric of our cano Park, a cultural landmark. IN THE HOUSE OF REPRESENTATIVES society together. With nearly 3.5 million mem- He was one voice who made a difference. bers, Girl Scouting of the U.S.A. is the largest Tuesday, March 14, 1995 My community has lost a great leader, and voluntary organization for girls in the world. Mr. FILNER. Mr. Speaker and colleagues, faithful fighter in the ongoing struggle to im- The Girl Scouts have carried the spirit of vol- today I rise to honor and remember a leader prove the quality of life for ourselves and our untarism through generations of American and hero, Al Johnston, known to many in San children. It is now up to us to continue his women. Diego as a legend of the barrio. work and his dedication to the community. I would like to thank the 12,000 Girl Scouts Al Johnston was not the type of a man to My thoughts and prayers go out to his fam- of Genesee Valley and 4,000 volunteers, sit back and let the world go by; he took ac- ily and friends. whoÐalong with Girl Scouts all over the coun- tion to make his community a better place to f tryÐare joining hands today to help the less live. fortunate. You are doing this great service for During the 1930's, he took his property and A TRIBUTE TO THE GIRL SCOUTS our country. gave it to the less fortunate by converting an OF AMERICA I would also like to acknowledge a signifi- old car into a soup kitchen in Logan Heights. cant anniversary that the Girl Scouts of Gen- Later, he provided guidance and inspiration for HON. LOUISE McINTOSH SLAUGHTER esee Valley are having this year. Congratula- many teens in the community by founding OF NEW YORK tions for 75 years meeting the special needs ``Los Gallos,'' a club for restless teens. He led IN THE HOUSE OF REPRESENTATIVES of girls from diverse racial, ethnic, and socio- voter registration drives. He was committed to economic backgrounds and enriching volunta- making a difference in the lives of many in the Tuesday, March 14, 1995 rism in America in the process. Latino community in San Diego. He is the type Ms. SLAUGHTER. Mr. Speaker, I rise today Mr. Speaker, please join me in paying trib- of leader we should all try to emulate. to applaud the Girl Scouts of Genesee Valley ute to the Genesee Valley Girl Scouts and the Mr. Johnston was a proud leader of the spir- today as they take part in the first annual na- Girl Scouts of America on ``Be Your Best it and soul of the barrio. He was adamant in tionwide Girl Scouts ``Be Your Best Day'' by Day.'' The Girl Scouts' activities are an inspi- his opposition to junkyards and pollution pro- conducting a canned and nonperishable food ration to us all. Tuesday, March 14, 1995 Daily Digest

HIGHLIGHTS House Committee ordered reported Contract With America Tax Relief Act. Senate governments in complying with certain requirements Chamber Action under Federal statutes and regulations. Routine Proceedings, pages S3853–S3908 Pages S3859±60, S3875±90 Measures Introduced: Eleven bills were introduced, A vote on the adoption of the conference report as follows: S. 546–556. Page S3891 will occur on Wednesday, March 15. Emergency Supplemental Appropriations/De- Appointments: fense: Senate continued consideration of H.R. 889, British-American Interparliamentary Group: making emergency supplemental appropriations and The Chair, on behalf of the President pro tempore, rescissions to preserve and enhance the military read- and upon the recommendation of the Minority Lead- iness of the Department of Defense for the fiscal year er, pursuant to Public Law 102–138, appointed Sen- ending September 30, 1995, with certain excepted ator Heflin as Vice Chairman of the Senate Delega- committee amendments, and the following amend- tion to the British-American Interparliamentary ments proposed thereto: Pages S3853±54, S3869±75 Group during the 104th Congress. Page S3867 Pending: Nominations Received: Senate received the follow- Bumpers Amendment No. 330, to restrict the ob- ing nominations: ligation or expenditure of funds on the NASA/Rus- Mary Beck Briscoe, of Kansas, to be United States sian Cooperative MIR program. Page S3869 Circuit Judge for the Tenth Circuit. Kassebaum Amendment No. 331 (to committee 4 Air Force nominations in the rank of general. amendment beginning on page 1, line 3), to limit 1 Army nomination in the rank of general. funding of an Executive order that would prohibit 1 Marine Corps nomination in the rank of Com- Federal contractors from hiring permanent replace- mandant of the Marine Corps. ments for striking workers. Pages S3853±54, S3869±75 1 Navy nomination in the rank of admiral. Senate will continue consideration of the bill on A routine list in the Army. Page S3908 Wednesday, March 15, 1995, with a vote on a mo- tion to invoke cloture on Kassebaum Amendment Messages From the House: Page S3890 No. 331, listed above, to occur at 10:30 a.m. Measures Read First Time: Page S3890 Unfunded Mandates/Conference Report: Senate Communications: Pages S3890±91 began consideration of the conference report on S. 1, Statements on Introduced Bills: Pages S3891±S3903 to curb the practice of imposing unfunded Federal Additional Cosponsors: Pages S3903±05 mandates on States and local governments; to strengthen the partnership between the Federal Gov- Notices of Hearings: Page S3905 ernment and State, local and tribal governments; to Authority for Committees: Page S3905 end the imposition, in the absence of full consider- Additional Statements: Pages S3905±07 ation by Congress, of Federal mandates on State, local, and tribal governments without adequate fund- Adjournment: Senate convened at 11:30 a.m., and ing, in a manner that may displace other essential adjourned at 6:19 p.m., until 9:30 a.m., on Wednes- governmental priorities; and to ensure that the Fed- day, March 15, 1995. (For Senate’s program, see the remarks of the Majority Leader in today’s RECORD eral Government pays the costs incurred by those on pages S3907–08.) D 342 March 14, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 343 Committee Meetings DOD TECHNOLOGY BASE PROGRAMS Committee on Armed Services: Subcommittee on Acqui- (Committees not listed did not meet) sition and Technology held hearings to examine the status of technology base programs of the Depart- 1995 FARM BILL ment of Defense, receiving testimony from Paul Committee on Agriculture, Nutrition, and Forestry: Com- Kaminski, Under Secretary for Acquisition and mittee resumed hearings on proposed legislation to Technology, and Anita Jones, Director of Defense strengthen and improve United States agricultural Research and Engineering, both of the Department programs, focusing on conservation, wetlands, and of Defense; Gilbert F. Decker, Assistant Secretary of farm policy, receiving testimony from Paul W. John- the Army for Research, Development and Acquisi- son, Chief, and Warren Lee, Co-leader, National tion; Nora Slatkin, Assistant Secretary of the Navy Wetlands Team, both of the Natural Resources Con- for Research, Development and Acquisition; and servation Service, Department of Agriculture; Mi- Clark G. Fiester, Assistant Secretary of the Air Force chael Davis, United States Army Corps of Engineers; for Acquisition. John Laurie, Michigan Farm Bureau, Cass City, on Subcommittee recessed subject to call. behalf of the American Farm Bureau Federation; William W. Howard, National Wildlife Federation, HUD REORGANIZATION Washington, D.C.; J. Wendell Gilliam, North Caro- Committee on Banking, Housing, and Urban Affairs: lina State University, Raleigh; Otto Doering, Purdue Subcommittee on Housing Opportunity and Com- University, West Lafayette, Indiana; Bruce A. Bab- munity Development concluded joint hearings with cock, Iowa State University, Ames; Donald D. Etler, the Subcommittee on HUD Oversight and Structure Iowa Drainage District Association, Emmetsburg; to examine the budget and management activities of and Charles Gunn, Jefferson, Iowa. the Department of Housing and Urban Development Hearings continue on Thursday, March 16. (HUD), focusing on policy reform issues, after re- ceiving testimony from Judy A. England-Joseph, Di- APPROPRIATIONS—DEFENSE rector, Housing and Community Development Is- Committee on Appropriations: Subcommittee on Defense sues, Resources, Community, and Economic Devel- held hearings on proposed budget estimates for fiscal opment Division, General Accounting Office; Susan year 1996 for the Department of Defense, receiving Gaffney, Inspector General, Department of Housing testimony from William J. Perry, Secretary of De- and Urban Development; Jacqueline Rogers, Univer- fense. sity of Maryland, College Park, on behalf of the Na- Subcommittee will meet again on Tuesday, March tional Academy of Public Administration; and John 28. C. Weicher, Hudson Institute, Anthony Downs, Brookings Institution, and Ronald D. Utt, Heritage APPROPRIATIONS—ENERGY RESEARCH Foundation, all of Washington, D.C. Committee on Appropriations: Subcommittee on Energy and Water Development held hearings on proposed ENDANGERED SPECIES LISTINGS budget estimates for fiscal year 1996 for energy re- Committee on Environment and Public Works: Sub- search programs, receiving testimony from Martha committee on Drinking Water, Fisheries and Wild- Krebs, Director, Office of Energy Research, Depart- life approved for full committee consideration, with ment of Energy. amendments, S. 503, to impose a moratorium on the Subcommittee will meet again tomorrow. listing of species as endangered or threatened and the designation of critical habitat in order to ensure APPROPRIATIONS—FOREIGN ASSISTANCE that constitutionally protected private property Committee on Appropriations: Subcommittee on Foreign rights are not infringed. Operations held hearings on proposed budget esti- mates for fiscal year 1996 for foreign assistance pro- WELFARE REFORM grams, focusing on trade, democracy, and narcotics Committee on Finance: Committee resumed hearings matters, receiving testimony from Winston Lord, on proposals to reform the national welfare system, Assistant Secretary of State for East Asian and Pacific focusing on teen parenthood, receiving testimony Affairs; and Linda Morse, Deputy Assistant Adminis- from Douglas J. Besharov, American Enterprise In- trator for Asia, Agency for International Develop- stitute for Public Policy Research, and Kristin A. ment. Moore, Child Trends, Inc., both of Washington, Subcommittee will meet again on Tuesday, March D.C.; Robert C. Granger, Manpower Demonstration 28. Research Corporation, New York, New York; and D 344 CONGRESSIONAL RECORD — DAILY DIGEST March 14, 1995 Rebecca A. Maynard, University of Pennsylvania, ney General; and Doris Meissner, Commissioner, Im- Philadelphia. migration and Naturalization Service, both of the Hearings were recessed subject to call. Department of Justice; Shirley S. Chater, Commis- sioner, Social Security Administration, Department NOMINATIONS of Health and Human Services; Susan Martin, Execu- Committee on Foreign Relations: Committee concluded tive Director, U.S. Commission on Immigration Re- hearings on the nominations of Jacquelyn L. Wil- form; Florida Governor Lawton Chiles, Tallahassee; liams-Bridgers, of Maryland, to be Inspector General; Michael Fix, Urban Institute, Charles B. Keely, Philip C. Wilcox, Jr., of Maryland, for the rank of Georgetown University, Elizabeth G. Ferris, Inter- Ambassador during his tenure of service as Coordina- Action, Elisa C. Massimino, Lawyers Committee for tor for Counter Terrorism; and Ray L. Caldwell, of Human Rights, Gregory T. Nojeim, American Civil Virginia, for the rank of Ambassador during his ten- Liberties Union, Daniel A. Stein, Negative Popu- ure of service as Deputy Assistant Secretary for lation Growth, Inc., and Cecilia Munoz, National Burdensharing, all of the Department of State, after Council of La Raza, all of Washington, D.C.; Law- the nominees testified and answered questions in rence H. Fuchs, Brandeis University, Waltham, Mas- their own behalf. Ms. Williams-Bridgers was intro- sachusetts; David Simcox, Negative Population duced by Senator Sarbanes. Growth, Inc., Louisville, Kentucky; and Mark J. NUCLEAR NON-PROLIFERATION Miller, University of Delaware, Newark. Hearings were recessed subject to call. Committee on Governmental Affairs: Committee held hearings on proposed legislation to provide for the REGULATORY REFORM indefinite and unconditional extension of the Nu- Committee on the Judiciary: Subcommittee on Admin- clear Non-Proliferation Treaty to further the security istrative Oversight and the Courts approved for full interests of the United States and all the countries committee consideration, with an amendment in the of the world, receiving testimony from Thomas Gra- nature of a substitute, without recommendation, S. ham, Special Representative of the President for 343, to reform the Federal regulatory process. Arms Control, Nonproliferation and Disarmament; James R. Schlesinger, former Secretary of Defense HEALTH CARE REFORM and former Secretary of Energy, and Gen. Andrew J. Committee on Labor and Human Resources: Committee Goodpaster, USA (Ret.), on behalf of the Atlantic held hearings to examine health care reform issues in Council of the United States, both of Washington, a changing marketplace, receiving testimony from D.C.; and Kenneth L. Adelman, Institute for Con- Leonard D. Schaeffer, Blue Cross of California, temporary Studies, former Director, U.S. Arms Con- Woodland Hills; William S. Custer, Custer Eco- trol and Disarmament Agency, Arlington, Virginia. nomic Research, Washington, D.C.; Kathleen Angel, Hearings were recessed subject to call. Digital Equipment Corporation, Maynard, Massachu- setts, on behalf of the Corporate Health Care Coali- IMMIGRATION CONTROL tion; Cristie Upshaw Travis, Memphis Business Committee on the Judiciary: Committee held hearings Group on Health, Memphis, Tennessee; Glenn Pot- on S. 269 and a related proposal to reduce illegal ter, University of Kansas Medical Center, Kansas immigration and control the cost of immigration to City; and James R. Kimmey, Saint Louis University taxpayers, receiving testimony from Senators Kyl, Health Sciences Center, Saint Louis, Missouri. Feinstein, Hutchison, and Bryan; Janet Reno, Attor- Hearings continue tomorrow. March 14, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 345 House of Representatives ous Park Amendments Act of 1995’’ (by a yea-and- Chamber Action nay vote of 337 yeas to 83 nays, Roll No. 231); Bills Introduced: Fifteen public bills, H.R. Pages H3101±03, H3115±16 1221–1235; four private bills, H.R. 1236–1239; and one resolution, H. Con. Res. 39, were introduced. Walnut Canyon National Monument: H.R. 562, amended, to modify the boundaries of Walnut Can- Pages H3155±56 yon National Monument in the State of Arizona (by Reports Filed: Reports were filed as followed: a yea-and-nay vote of 371 yeas to 49 nays, Roll No. H.R. 1135, to improve the Commodity Distribu- 232); Pages H3103±04, H3116±17 tion Programs of the Department of Agriculture, to reform and simplify the Food Stamp Program, Delaware Water Gap Recreation Area traffic: amended (H. Rept. 104–77); and H.R. 536, amended, to extend indefinitely the au- H. Res. 115, providing for the consideration of thority of the Secretary of the Interior to collect a H.R. 1158, making emergency supplemental appro- commercial operation fee in the Delaware Water Cap priations for additional disaster assistance and mak- Recreation Area (by a yea-and-nay vote of 401 yeas ing rescissions for the fiscal year ending September to 22 nays, Roll No. 233). Agreed to amend the 30, 1995 (H. Rept. 104–78). Page H3155 title; and Pages H3104±05, H3117 Speaker Pro Tempore: Read a letter from the Chacoan outliers protection: H.R. 517, to amend Speaker wherein he designates Representative Shays title V of Public Law 96–550, designating the Chaco to act as Speaker pro tempore for today. Page H3087 Culture Archeological Protection Sites (by a yea-and- Recess: House recessed at 1:13 p.m. and reconvened nay vote of 409 yeas to 7 nays, Roll No. 234). at 2:00 p.m. Page H3092 Pages H3105±06, H3117±18 Fair Employment Practices: The Speaker appointed Recess: House recessed at 4:17 p.m. and reconvened the following employees of the House of Representa- at 5:00 p.m. Pages H3114±15 tives to the review panel of the Office of Fair Em- Indian Education Technical Amendments: House ployment Practices: Ms. Elizabeth Haas, Legal Coun- passed S. 377, to amend a provision of part A of sel, Office of the Clerk; and Mr. Randy Johnson, title IX of the Elementary and Secondary Education Workplace Policy Coordinator, Committee on Eco- Act of 1965, relating to Indian education, and to nomic and Educational Opportunities. Page H3092 provide a technical amendment—clearing the meas- Suspensions: House voted to suspend the rules and ure for the President. Page H3119 pass the following measures: Federal Disaster Relief: House agreed to H. Con. Alaska Native Claims Settlement Act: H.R. 402, Res. 39, expressing the sense of the Congress regard- amended, to amend the Alaska Native Claims Settle- ing Federal disaster relief. Pages H3119±20 ment Act; Pages H3096±98 Meeting Hour: Agreed to meet at 10 a.m. on Cook Inlet Region: H.R. 421, amended, to amend Wednesday, March 15. Page H3121 the Alaska Native Claims Settlement Act to provide for the purchase of common stock of Cook Inlet Re- Ringling Brothers Circus: House agreed to H. gion: Pages H3098±99 Con. Res. 34, authorizing the use of the Capitol Sea of Okhotsk fisheries enforcement: H.R. 715, Grounds for the Ringling Bros. and Barnum & Bai- to amend the Central Bering Sea Fisheries Enforce- ley Circus Anniversary Commemoration. Page H3121 ment Act of 1992 to prohibit fishing in the Central Committees to Sit: It was made in order that the Sea of Okhotsk by vessels and nationals of the Unit- following committees and their subcommittees be ed States; Pages H3099±H3100 permitted to sit on Wednesday, March 15, during Great Western Scenic Trail designation: H.R. proceedings of the House under the five-minute rule: 531, amended, to designate the Great Western Sce- Committees on Banking and Financial Services, nic Trail as a study trail under the National Trails Commerce, Economic and Educational Opportuni- System Act (by yea-and-nay vote of 400 yeas to 15 ties, Government Reform and Oversight, House nays, Roll No. 230); Pages H3100±01, H3115 Oversight, International Relations, Judiciary, Na- Minor boundary adjustments and miscellaneous tional Security, and Resources. Earlier, objection was park amendments: H.R. 694, amended, Entitled heard to the unanimous consent request for commit- the ‘‘Minor Boundary Adjustments and Miscellane- tees to sit. Pages H3121±23 D 346 CONGRESSIONAL RECORD — DAILY DIGEST March 14, 1995 Amendments Ordered Printed: Amendments or- Hunter, Acting Deputy Director, Office of Nuclear dered printed pursuant to the rule appear on page Energy. H3156. INTERIOR APPROPRIATIONS Quorum Calls—Votes: Five yea-and-nay votes de- Committee on Appropriations: Subcommittee on Interior veloped during the proceedings of the House today and Related Agencies held a hearing on Secretary of and appear on pages H3115, H3115–16, Energy. Testimony was heard from Hazel R. H3116–17, H3117, and H3117–18. There were no O’Leary, Secretary of Energy. quorum calls. LABOR, HHS AND EDUCATION Adjournment: Met at 12:30 p.m. and adjourned at APPROPRIATIONS 11:30 p.m. Committee on Appropriations: Subcommittee on Labor, Health and Human Services, Education and Related Committee Meetings Agencies held a hearing on Director, NIH, and on AGRICULTURE, RURAL DEVELOPMENT, National Institute of Allergy and Infectious Diseases FDA AND RELATED AGENCIES and National Institute of Environmental Health Committee on Appropriations: Subcommittee on Agri- Sciences. Testimony was heard from the following culture, Rural Development, Food and Drug Admin- officials of the NIH, Department of health and istration, and Related Agencies held a hearing on Human Services: Harold E. Varmus, Director; An- Consolidated Farm Service Agency. Testimony was thony S. Fauci, Director, National Institute of Al- heard from the following officials of the USDA: Eu- lergy and Infectious Diseases; and Kenneth Olden, gene Moos, Under Secretary, Farm and Foreign Agri- Director, National Institute of Environmental Health cultural Services, and Grant B. Buntrock, Acting Sciences. Administrator, Consolidated Farm Service Agency. NATIONAL SECURITY APPROPRIATIONS COMMERCE, JUSTICE, STATE AND Committee on Appropriations: Subcommittee on Na- JUDICIARY APPROPRIATIONS tional Security held a hearing on National Guard/ Committee on Appropriations: Subcommittee on Com- Reserve Forces. Testimony was heard from Deborah merce, Justice, and State and the Judiciary, and Re- R. Lee, Assistant Secretary (Reserve Affairs), Depart- lated Agencies held a hearing on International Infor- ment of Defense. mation, Cultural and Exchange Activities, and on TRANSPORTATION APPROPRIATIONS International Broadcasting Activities. Testimony was Committee on Appropriations: Subcommittee on Trans- heard from Joseph Duffey, Director, U.S. Informa- portation, and Related Agencies held a hearing on tion Agency; Carl Gershman, President, National the FAA. Testimony was heard from David R. Endowment for Democracy; William B. Fuller, Hinson, Administrator, FAA, Department of Trans- President, Asia Foundation; Kenneth B. Pyle, Chair- portation. man, Japan-United States Friendship Commission; Andrew Mason, Director, Programs on Population, TREASURY, POSTAL SERVICE, GENERAL East-West Center; Ambler H. Moss, Jr., Director, GOVERNMENT APPROPRIATIONS North-South Center; Joseph B. Bruns, Acting Asso- Committee on Appropriations: Subcommittee on Treas- ciate Director, Broadcasting, U.S. Information Agen- ury, Postal Service, and General Government held a cy; Kevin Klose, President, Radio Free Europe/Radio hearing on the White House Office, the Executive Liberty, Inc.; Richard McBride, Executive Director, Residence and on the National Security Council. Board for International Broadcasting; and Geoffrey Testimony was heard from Patsy Thomasson, Direc- Cowan, Director, Board for International Broadcast- tor, Office of Administration, White House Office; ing; and Geoffrey Cowan, Director, Voice of Amer- Robert Stanton, Regional Director, Executive Resi- ica. dence at the White House; Andrew D. Sens, Execu- ENERGY AND WATER DEVELOPMENT tive Secretary, National Security Council; and Joseph APPROPRIATIONS E. Stiglitz, member, Council of Economic Advisers. Committee on Appropriations: Subcommittee on Energy VA, HUD AND INDEPENDENT AGENCIES and Water Development held a hearing on Solar and APPROPRIATIONS Renewables, and on Nuclear Fission, Uranium Sup- Committee on Appropriations: Subcommittee on Veter- ply and Enrichment Activities. Testimony was heard ans’ Affairs and Housing and Urban Development, from the following officials of the Department of and Independent Agencies held a hearing on the Energy: Christine A. Ervin, Assistant Secretary, En- NSF. Testimony was heard from Neal F. Lane, Di- ergy Efficiency and Renewable Energy; and Ray A. rector, NSF. March 14, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 347 MEDICARE EXTENDERS Brig. Gen. John Bradley, USAF, Deputy to the Committee on Commerce: Subcommittee on Health and Chief, Air Force Reserve. the Environment held a hearing on Medicare Ex- DEFENSE AUTHORIZATION tenders in the Administration’s Fiscal Year 1996 Committee on National Security: Subcommittee on Mili- budget. Testimony was heard from Kathleen Buto, tary Personnel continued hearings on fiscal year Associate Administrator, Policy, Health Care Financ- 1996 national defense authorization request. Testi- ing Administration, Department of Health and mony was heard from the following officials of the Human Services. Department of Defense: Frederick Pang, Assistant Secretary, Force Management Policy; RAdm. Patricia PRIVATIZATION PROCESS—FEDERAL ROLE Tracey, USN, Director, Manpower and Personnel Committee on Government Reform and Oversight: Sub- (J1), Joint Staff; Lt. Gen. Theodore G. Stroup, Jr., committee on Government Management, Informa- USA, Deputy Chief of Staff, Personnel, Department tion and Technology held a hearing on the Federal of the Army; VAdm. Frank L. Bowman, USN, role in privatization process. Testimony was heard Chief, Naval Personnel, Department of the Navy; Lt. from Representative Klug; Roy Bernardi, Mayor, Gen George R. Christmas, USMC, Deputy Chief of Syracuse, New York; and public witnesses. Staff, Manpower and Reserve Affairs, U.S. Marine Corps; and Lt. Gen. Billy J. Boles, USAF, Deputy GLOBAL INFORMATION INFRASTRUCTURE Chief of Staff, Personnel, Department of the Air Committee on International Relations: Subcommittee on Force. International Economic Policy and Trade held a Hearings continue March 16. hearing on Global Information Infrastucture: The EMERGENCY SUPPLEMENTAL/RESCISSION Next Steps, U.S. Industry Perspective. Testimony APPROPRIATIONS; AND SUPPLEMENTAL was heard from public witnesses. APPROPRIATIONS DEFENSE AUTHORIZATION Committee on Rules: Granted, by a recorded vote of 9 to 3, a rule providing for the consideration of H.R. Committee on National Security: Subcommittee on Mili- 1158, Making Emergency Supplemental Appropria- tary Installations and Facilities held a hearing on fis- tions for Additional Disaster Assistance and Making cal year 1996 national defense authorization request. Rescissions for Fiscal Year 1995, under a modified Testimony was heard from the following officials of open rule. The rule provides one hour of general de- the Department of Defense: Robert E. Bayer, Deputy bate divided equally between the chairman and rank- Assistant Secretary, Installations, Office of the As- ing minority member of the Committee on Appro- sistant Secretary, Economic Security; Paul W. John- priations. The rule waives clause 2 of rule XXI, son, Deputy Assistant Secretary, Installations and which prohibits unauthorized and legislative provi- Housing; Brig. Gen. Robert L. Herndon, USA, Di- sion in an appropriations bill, against the provisions rector, Facilities and Housing, Office of the Assistant of the bill. The rule makes in order as original text Chief of Staff, Installation Management; Brig. Gen. for amendment purposes the text of H.R. 1158 com- William C. Bilo, USA, Deputy Director, Army Na- bined with the text of H.R. 1159, except the text tional Guard; Brig. Gen. Paul C. Bergson, USA, of sec. 306 of H.R. 1159. The rule provides for the Deputy Chief, Army Reserve; Col. Dennis Cochrane, amendment in the nature of a substitute to be con- USA, Chief, Base Realignment and Closure Office, sidered as read and subject to a 10 hour amendment Office of the Assistant Chief of Staff, Installation process under the five minute rule. The rule waives Management; Robert B. Pirie, Jr., Assistant Sec- clause 7 of rule XVI, the germaneness rule, and retary, Installations and Environment, Department of clause 2 of rule XXI, prohibiting unauthorized and the Navy; RAdm. Patrick W. Drennon, USN, Direc- legislative provisions in an appropriations bill, tor, Facilities and Engineering Division, Department against the amendment in the nature of a substitute. of the Navy; RAdm. C. Dennis Vaughan, USN, Only amendments printed in the Congressional Deputy Director, Naval Reserve; Brig. Gen. Thomas Record before March 14, 1995, to H.R. 1158 or A. Braaten, USMC, Assistant Deputy Chief of Staff, H.R. 1159 are in order, and the amendments are Installations and Logistics (Facilities), U.S. Marine considered as read. Amendments, including any Corps; Jimmy Dishner, Deputy Assistant Secretary, amendments thereto, are debatable for not to exceed Installations, Department of the Air Force; Maj. 30 minutes. The rule waives clause 2(e) of rule XXI, Gen. James McCarthy, USAF, Air Force Civil Engi- which prohibits non-emergency designated amend- neer; Maj. Gen. Jay Blume, USAF, Director, Re- ments to be offered to an emergency appropriations alignment and Transition; Brig. Gen. Paul Weaver, bill, against such pre-printed amendments. Amend- USAF, Deputy Director, Air National Guard; and ments are not in order if they cause the net level of D 348 CONGRESSIONAL RECORD — DAILY DIGEST March 14, 1995 budget authority in the bill to be increased and if culture services of the Department of Agriculture, 10 they redistribute budget authority outside the same a.m., SD–138. chapter (or title where there are no chapters). Fi- Subcommittee on Commerce, Justice, State, and Judici- nally, the rule provides for one motion to recommit, ary, to hold hearings on proposed budget estimates for with or without instructions. Testimony was heard fiscal year 1996 for the Department of Justice, 10 a.m., S–146, Capitol. from Chairman Livingston and Representatives Por- Subcommittee on Energy and Water Development, to ter, Obey, Yates, Stokes, Coleman, Skaggs, Foglietta, hold hearings on proposed budget estimates for fiscal year Lowey, Petri, Gunderson, Stearns, Morella, Klug, 1996 for the Bonneville Power Administration, 2 p.m., Greenwood, Montgomery, Clay, Vento, Slaughter, SD–192. Andrews, Brewster, DeLauro, Edwards, Brown of Committee on Armed Services, Subcommittee on Airland Florida, Minge, Delegate Norton, and Commissioner Forces, to hold hearings on proposed legislation authoriz- Romero-Barcelo´. ing funds for fiscal year 1996 for the Department of De- fense and the future years defense program, focusing on SBA PILOT MICROLOAN PROGRAM Army force modernization, 9:30 a.m., SR–222. Committee on Small Business: Held a hearing to review Committee on Commerce, Science, and Transportation, Sub- the SBA’s Pilot Microloan Program. Testimony was committee on Oceans and Fisheries, to hold hearings on heard from Patricia R. Forbes, Deputy Associate proposed legislation authorizing funds for fiscal year 1996 Deputy Administrator, Economic Development, for the United States Coast Guard, Department of Trans- portation, 3 p.m., S–211, Capitol. SBA; and public witnesses. Committee on Energy and Natural Resources, business NATURAL GAS AND HAZARDOUS LIQUID meeting, to consider pending calendar business, 9:30 PIPELINE SAFETY ACTS a.m., SD–366. REAUTHORIZATION Committee on Environment and Public Works, Subcommit- tee on Superfund, Waste Control, and Risk Assessment, Committee on Transportation and Infrastructure: Sub- business meeting, to mark up S. 534, to provide flow committee on Surface Transportation held a hearing control authority and authority for States to limit the on the reauthorization of the Natural Gas and Haz- interstate transportation of municipal solid waste, 9 a.m., ardous Liquid Pipeline Safety Acts. Testimony was SD–406. heard from Representatives Franks of New Jersey Committee on Finance, business meeting, to mark up and Pallone; Dharmendra K. Sharma, Administrator, H.R. 831, to permanently extend the 25% deduction for Research and Special Programs Administration, De- the health insurance costs of self-employed individuals, partment of Transportation; and public witnesses. 9:30 a.m., SD–215. Committee on Labor and Human Resources, to continue CONTRACT WITH AMERICA TAX RELIEF hearings to examine health care reform issues in a chang- ACT ing marketplace, 9:30 a.m., SD–430. Committee on Indian Affairs, to hold hearings on S. 349, Committee on Ways and Means: Ordered reported H.R. to authorize funds for the Navajo-Hopi Relocation Hous- 1215, Contract With America Tax Relief Act of ing Program, 2:30 p.m., SR–485. 1995. Select Committee on Intelligence, to hold closed hearings on intelligence matters, 2 p.m., SH–219. MILITARY OPERATIONS SUPPORT Committee on Appropriations, Subcommittee on Agri- Permanent Select Committee on Intelligence: Met in execu- culture, Rural Development, Food and Drug Administra- tive session to hold a hearing on Support to Military tion, and Related Agencies, on Congressional and Public Operations. Testimony was heard from departmental Witnesses, 4:30 p.m., 2362A Rayburn. witnesses. Subcommittee on Commerce, Justice, and State and the Judiciary, and Related Agencies, on Commerce Depart- f ment Technology Programs, 10 a.m., H–309 Capitol. COMMITTEE MEETINGS FOR Subcommittee on Energy and Water Development, ex- WEDNESDAY, MARCH 15, 1995 ecutive, on Atomic Energy Defense Activities, 10 a.m. and 1 p.m., 2362B Rayburn. (Committee meetings are open unless otherwise indicated) Subcommittee on Foreign Operations, Export Financ- ing, and Related Agencies, on United Nations/Madeleine Senate Albright, 10 a.m., 2360 Rayburn. Committee on Appropriations, Subcommittee on Interior, Subcommittee on Labor, Health and Human Services, to hold hearings on proposed budget estimates for fiscal Education and Related Agencies, on National Heart, year 1996 for the Smithsonian Institution, 9:30 a.m., Lung, and Blood Institute, and National Institute of Den- SD–116. tal Research, 10 a.m., and on National Institute of Diabe- Subcommittee on Agriculture, Rural Development, and tes, Digestive and Kidney Diseases, and on National In- Related Agencies, to hold hearings on proposed budget stitute of Neurological Disorders and Stroke, 2 p.m., estimates for fiscal year 1996 for farm and foreign agri- 2358 Rayburn. March 14, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 349

Subcommittee on National Security, on Fiscal Year Committee on the Judiciary, Subcommittee on the Con- 1996/1997 Army Budget Overview, 10 a.m., and on stitution, to mark up H.R. 660, Housing for Older Per- Army Acquisition Programs, 1:30 p.m., H–140 Capitol. sons Act of 1995, 10 a.m., 2237 Rayburn. Subcommittee on Transportation, and Related Agen- Committee on National Security, Subcommittee on Mili- cies, on Air Traffic Control Privatization, 10 a.m., 2358 tary Procurement and the Subcommittee on Research and Rayburn. Development, to continue joint hearings on fiscal year Committee on Banking and Financial Services, to continue 1996 national defense authorization request, 9:30 a.m., hearings on the following: H.R. 1062 Financial Services and, executive, to receive a classified briefing on the pro- Competitiveness Act of 1995; Glass-Steagall Reform; and liferation threat, 2 p.m., 2118 Rayburn. related issues, 10 a.m., 2128 Rayburn. Committee on Resources, Subcommittee on Water and Committee on Commerce, to mark up the following bills: Power Resources, hearing on H.R. 1122, Alaska Power H.R. 1218, to extend the authority of the Federal Com- Administration Privatization Act, 11 a.m., 1324 Long- munications Commission to use competitive bidding in worth. granting licenses and permits; H.R. 1217, Medicare Parts Committee on Rules, to consider Conference Report to ac- B and C Administration Budget Savings Extension Act of company H.R. 5, Unfunded Mandate Reform Act of 1995; and H.R. 1216, USEC Privatization Act, 10 a.m., 1995, 9 a.m., and to consider H.J. Res. 73, proposing an 2123 Rayburn. amendment to the Constitution of the United States with Committee on Economic and Educational Opportunities, to respect to the number of terms of office of Members of mark up H.R. 849, Age Discrimination in Employment the Senate and the House of Representatives, 12 p.m., Amendments of 1995, 9:30 a.m., 2175 Rayburn. H–313 Capitol. Committee on Government Reform and Oversight, to mark up H.R. 1185, Federal Retirement Reform Act of 1995, Joint Meetings 10 a.m., 2154 Rayburn. Commission on Security and Cooperation in Europe, briefing Committee on House Oversight, Task Force on Contested on the International Foundation Election System, 11 a.m., Election, hearing on Second Congressional District of 2200 Rayburn Building. New Hampshire contested election, 11 a.m., 1310 Long- Commission on Security and Cooperation in Europe, to hold worth. hearings to examine free trade unions with regard to the Committee on International Relations, hearing on Northern New Independent States of the former Soviet Union, 2 Ireland, 9:30 a.m., 2172 Rayburn. p.m., 2105 Rayburn Building. D 350 CONGRESSIONAL RECORD — DAILY DIGEST March 14, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, March 15 10 a.m., Wednesday, March 15

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday and Thursday: Consideration ation of H.R. 889, Emergency Supplemental Appropria- of H. Res. 107, Committee Funding Resolution; and tions/Defense, with a cloture vote on Kassebaum Amend- Consideration of H.R. 1158, Making Emergency Sup- ment No. 331, to limit funding of an Executive order plemental Appropriations for Additional Disaster Assist- that would prohibit Federal contractors from hiring per- ance and Making Rescissions; and H.R. 1159, Making manent replacements for striking workers, to occur at Supplemental Appropriations and Rescissions (modified 10:30 a.m., following which Senate will vote on adoption open rule, 1 hour of general debate). of the conference report on S. 1, Unfunded Mandates.

Extensions of Remarks, as inserted in this issue

HOUSE Frank, Barney, Mass., E596 Neal, Richard E., Mass., E594 Gordon, Bart, Tenn., E588 Owens, Major R., N.Y., E593 Baker, Bill, Calif., E593 Hastert, J. Dennis, Ill., E594 Packard, Ron, Calif., E593 Brown, Corrine, Fla., E589 Kennedy, Patrick J., R.I., E592 Pallone, Frank, Jr., N.J., E591 Buyer, Stephen E., Ind., E595 Lantos, Tom, Calif., E597 Roth, Toby, Wis., E597 Eshoo, Anna G., Calif., E596 LaTourette, Steve C., Ohio, E598 Schroeder, Patricia, Colo., E589 Fawell, Harris W., Ill., E588, E590, E592, E594 Matsui, Robert T., Calif., E589 Schumer, Charles E., N.Y., E595 Fazio, Vic, Calif., E589 Meek, Carrie P., Fla., E591 Slaughter, Louise McIntosh, N.Y., E599 Filner, Bob, Calif., E599 Miller, George, Calif., E587 Stokes, Louis, Ohio, E587, E590 Forbes, Michael P., N.Y., E593, E597 Mineta, Norman Y., Calif., E598 Woolsey, Lynn C., Calif., E589

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